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HomeMy WebLinkAbout09/23/2002 B A K E R S F I E L D Su~ B, nham, Chair David Couch Jacquie Sullivan Staff: Trudy Slater REGULAR MEETING NOTICE LEGISLATIVE AND LITIGATION COMMI'I'rEE of the City Council - City of Bakersfield Monday, September 23, 2002 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 AUGUST 19, 2002 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4, DEFERRED BUSINESS A. REVIEW, DISCUSSION, AND RECOMMENDATIONS RELATING TO THE REGULATION AND LOCATION OF TAXI STANDS - UPDATE B. REVIEW, DISCUSSION AND RECOMMENDATIONS REGARDING DOWNTOWN STREET CLOSURE PROCESS 5. NEW BUSINESS A. REVIEW, DISCUSSION AND RECOMMENDATIONS REGARDING THE REQUEST FROM THE KERN COUNTY HOMELESS COLLABORATIVE TO SUPPORT PROPOSITION 46 ON THE NOVEMBER 2002 BALLOT B. REVIEW, DISCUSSION, AND RECOMMENDATIONS RELATING TO THE ECONOMIC FEASIBILITY OF PLACING CITY FLAGS ON CITY FACILITIES C. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING THE TAXI DRIVER'S PERMIT APPEAL PROCESS D. REVIEW, DISCUSSION, AND RECOMMENDATIONS RELATING TO THE PROPOSED RESOLUTIONS FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE 6. COMMITrEE COMMENTS 7. ADJOURNMENT , DRAFT Al Manager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMrn'EE Regular Meeting Monday, August 19, 2002 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:07 p.m. Members present: Councilme_mber Sue Benha_rn, Chair, leaving 3:20 p.m. Councilmember David Couch Councilmember Jacquie Sullivan, arriving 1:10 p.m. 2. ADOPT JULY 22, 2002 AGENDA SUMMARY REPORT AdOpted as submitted. 3. PUBLIC STATEMENTS None 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION AND RECOMMENDATIONS REGARDING CITY VOTING DELEGATE AND ALTERNATE TO THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Chairperson Sue Benham stated that though she would be attending a portion of the League's Annual Conference, she would be unable to attend the Saturday session and therefore was unable to serve as Voting Delegate. Committee Members David Couch and Jacquie Sullivan also indicated conflicts with their schedules relating to the Saturday session. As other Council Members had not indicated an interest in serving as Voting Delegate, it was suggested that a staff member be appointed to serve. Upon his indication that he would be attending, and the City Manager deferring to him, the City Attorney was asked to serve as Voting Delegate with the City Manager serving as Alternate. This will be presented to Council for its approval and forwarded to the League of California Cities. Agenda Summary Report Legislative and Litigation Committee DEAFI August 19, 2002 Page 2 B. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING MASSAGE ORDINANCE MODIFICATIONS TO ALLOW MOBILE MASSAGE Mr. Thiltgen reviewed the current proposed changes to the massage ordinance and indicated the review had provided an opportunity for positive changes. Several members of the public spoke regarding concerns 'with the proposal. These included expenses incurred by a client in obtaining a doctor's prescription (including the cost of the doctor's visit and time delays in scheduling appointments); the profession being held to a higher standard than required of others doing business in their homes; loss of individual health freedoms; restraint of trade; attempting to legislate morality; need for further review; need for massage practitioners to be better informed of the nature and breadth of the proposed changes, and the need for home therapy for those with health-related reduced mobility. Chairperson Benham indicated she was open to seeking community input and would like to know who in the community is really interested in further reviewing the ordinance. She asked those interested to provide staff with their names and telephone numbers so they could be contacted. She felt it demeaned the profession to require clients to get a doctOr's appointment to visit a massage therapist. She asked Police Department representatives if this was a necessary component and if t~ere were alternatives which could be used instead, such as providing record keeping on each massage conducted. Police Lt. Melvin Scott explained that constitutional issues came into play in activities conducted within a private home that were not encountered in a licensed business setting. Clients can go to providers at licensed locations. Committee Member David Couch indicated the City was not trying to impose the proposed changes. A review had been requested by members of the massage profession. Committee Member Jacquie Sullivan stated she felt the time is right for change and that there needs to be more review, with a balance with the Police Department's concerns. There was a need to educate the community and to work together to develop acceptable solutions. Chairperson Benham requested staff to review the County's process and requirements for conducting massage at the practitioner's home under a home occupation permit. Committee Member Couch asked staff to come back with comments on prohibited locations. City Attorney Thiltgen indicated he would be happy to meet with community members. C. REVIEW, DISCUSSION AND RECOMMENDATIONS RELATING TO THE REGULATION AND LOCATION OF TAXI STANDS Administrative Analyst Trudy $1ater handed out a staff report which indicated the steps taken since the last meeting.. She and Lt. Tim Taylor met with taxi representative Armando Elenes who clarified that the areas with which the taxi drivers were most concerned were the downtown bar/restaurant area, the Greyhound Bus station, the Airport Bus, and the Convention Center/Arena complex.. Staff discussions relating to taxi stands with the general managers of Greyhound Bus Station and the Airport Bus clarified that neither individual was in support of replacing on-street public parking spaces in front of their businesses with taxi stands. This also held true for the property directly north of the Agenda Summary Report Legislative and Litigation Committee DRAFT August 19, 2002 Page 3 Airport Bus. Reasons given for their views included the fact that taxi stands would reduce available parking and inconvenience their customers. The Greyhound Bus Station manager indicated the company was afraid the same types of problems would return that had existed before the taxi stands had been removed. Mr. Elenes had talked with representatives of O. L. A. Raza, Inc., who indicated they would support taxi stands in front of their business. A letter to this effect has been received by the City. Staff indicated possible sites for taxi stands existed drrectly east of the 18th and Eye Street paring garage (along Eye Street and currently designated as a loading zone), and south of the Convention Center/Garden complex along N Street Rear the parking lot. Mr. Filiberto Munoz, taxi cab driver, indicated these locations would be too far away from the customer base. Taxis needed to be where the qustomers were. Another driver noted the short distance allowed for taxi drivers to be from their cabs. Mr. Munoz also indicated in the Wall Street Alley area limousines frequently park in multiple spaces and remain for long periods of time. Lt. Tim Taylor will look into the issue of illegal limousine parking. Cathy Butler, Downtown Business ASsociation, indicated a place for taxis at the 18~' and Eye Street parking garage would be helpful to some businesses. In..response to a question from Chairperson Benham, Mr. Munoz indicated the most important locations for taxi stands not already in existence were the Greyhound Bus Station and the Convention Center. Discussion ensued on available spots for taxi stands closer to the Convention Center/Garden (~omplex. City Manager Alan Tandy explained that limited parking was heavily utilized by those wishing to purchase tickets to events. Replacing these with taxi stands which would receive less use would not best serve the greater public which used them extensively. He also explained that at event times the few spaces in the alcove directly east of the Convention Center were turned into handicapped parking, and at major events the streets were closed off. Thus,. at high demand times, the locations would not be available for taxi stand use. Lt. Tim Taylor further indicated there are only half a dozen limited time parking spaces along Truxtun Avenue. Committee Chairperson Benham asked staff to survey the area north of 17~ Street (southside cottage areas). Also mentioned was the area south of the Airport Bus for possible taxi stand sites but Mr. Munoz indicated that would be too far away. After further discussion, a motion was made, seconded, and passed, to start the process for restoring the taxi stands at the Greyhound Station. Staff will report back at the next committee meeting. 5, NEW BUSINESS A. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING DOWNTOWN STREET CLOSURE PROCESS Administrative Analyst Trudy Slater handed out a staff report regarding the City's Special Events Permit process which is used for public requests for street closures. In the U.S.A. Cycling Championships event, the Greater Bakersfield Convention and Visitors Bureau Agenda Summary Report Legislative and Litigation Committee Page 4 (CVB) provided the required paperwork including a plot plan (race mute) within the appropriate time frame and wOrked with the Police Department to assure street closures proceeded as allowed. A letter to the affected businesses was included in the application packet although a list of businesses to which the notification was mailed was not. Committee staff asked for and received an extensive list to which the notification was sent. Two issues occurred. Volunteers, eager to post the No Parking signs, may have placed the signs prior to the times actually needed. The list provided later to staff, while extensive, may not have reached all of its intended market. Mr. Dale Simpson, downtown business owner, indicated that for the event the streets were closed in excess of eight hours and the downtown businesses were told there would be more than 3,000 people attending. T-he previous weekend he had done $3,000 in business; the weekend of tl~e event he did $100. All-day closures don't benefit business, and they lose sales. He was very concerned about the extended lack of convenient access to his business by customers.- The petition he had presented to Council had 115 signatures on it. In response to Chairperson Benham's question, Mr. Simpson indicated he learned of the event about ten days ahead of time from another business. In response to Committee M~mber Couch's question, staff responded that pedestrians were allowed access as long as there were no hazards to the racers. Ms. ~Cathy Butler, Mr. Fred PrinCe, and Mr. Philip Bentley spoke on the efforts of the Downtown Business Association to bring life. and prosperity into the downtown and on' upcoming events being planned. Mr. Prince mentioned that various events were geared to attract diversity Kith benefit to different business grOups for the general betterment of the downtown area. Ms. Butler distributed letters of support for the cycling event to Committee Members. Mr. Bentley encouraged people to become involved'with the DBA and its events. Mr. Art Carlock, Highway 99 Committee, spoke about an upcoming October car event, indicating he is a Bakersfield native and wants to see good things happen for the community. They will have "goodie bags' for the October event and will be happy to place flyers of different businesses within them. Committee Member Sullivan indicated Ms. Butler's letters pointed to the strengths of the cycling event, and she felt it was more a plus to businesses than a minus. Chairperson Benham also indicated it was impossible to assess the value of following sales generated through repeat visits to the community after individuals enjoy a previous event. In response to a question from Chairperson Benham, Don Jaeger, CVB President, indicated the CVB made a reasonable effort to reach everyone within the impacted zone but admitted that some things may have slipped through the cracks. He suggested that although the City's ordinance doesn't allow for multiple day street closures, perhaps it should, and the City should consider requiring the no parking signs to have a date on them. Chairperson Benham directed staff.to put together a 3 page report with recommendations which would help with future events. Committee Member Couch wanted to ensure that activity remains within any area which is to be cut off by an event. Agenda Summary Report Legislative and Litigation Committee DEAFI August 19, 2002 Page 5 B. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING VOLUNTEER AND ADOPT-A-HIGHWAY PROGRAMS INSURANCE REQUIREMENTS Administrative Analyst Trudy Slater distributed a staff report with background information on the City's procedures relating to its Adopt A Highway and Adopt An Area programs. Deputy* City Attorney Alan Daniel explained the rationale behind requiring commercial general liability insurance for these types of programs. He indicated that insurance provides the better protection for the City than contractual waivers. Risk Manager Patrick Flaherty explained issues of concern: a) workers compensation-volunteers are not covered; b) the ability to sue the City if a volunteer is' hurt; and c) damage caused by volunteers to others or other things through negligent acts. Luis Peralez, Streets Superintendent, explained that-the City previously' had ten Adopt-A- Highway groups and that all but_one had dropped from the program since the insurance requirement was added~ It is believed the insurance requirements played a central role in the__ir de~lsions to drop out. In resl~nse to a Committee Member question, Mr. Peralez indicated that when Streets is approached ro't an Adopt A Highway_area, City staff makes the determination of where the adopted highway a'reas are to be loCated. Committee Members Sullivan and Couch botch indicated they were not ready to support dropping the program. Commiftee Member Couch asked staff to find out about the availability of insurance the City could purchase which wo~jId cover the City and its volunteers. Committee Member Couch will talk with Mr. 'Enriquez, from the Keep Bakersfield Beautiful Com~nittee, to ascertain his thoughts regarding the issue under discussion. 6.COMMrI'FEE COMMENTS None. 7.ADJOURNMENT The meeting adjourned at 3:40 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater; City Attorney Bart Thiltgen, Deputy City Attorney Alan Daniel, Deputy City Attorney Andrew Thomson;; Police Lt. Melvin Scott, Police Lt. Tim Taylor, Streets Superintendent Luis Peralez; City Treasurer Bill Descary; and Risk Manager Patrick Flaherty Other Attendees: Miguel Martinez, Patricia Trujillo, Sharon Anyan, Marilyn McKinley, Marsha Bidwell, Jess Molinar, Marsha Magnuson, Renee Nelson, Vanessa Rueda, Sharon Riggan, Donna Henderson, Jose S. Ramirez, Anselmo Marin,-Filibe~o Munoz, Elias Cardond, Israel - Claros, Art Carlock, Chris Gibson, Kevin Taylor, Dale Simpson, Mary Stroud, Daise Beauford, Dawn Haeda, Toni Salomo, Margaret Hust, Beth Savens, Don Jaeger, Cathy Butler, Fred Prince, Phil Bentley, and Knute Berry. (L020819-MIN) B A'.K E R 'S F'I E.L D OFFICE OF THE CITY MANAGER MEMORANDUM September 19, 2002 TO: ALAN TANDY, CITY MANAGER : FROM: TRUDY'SLATER,' ADMINISTRATIVE ANALYST III SUBJECT: TAXI STAND PERMIT INFORMATION 1) The Legislative.and Litigation Committee, at its meeting of August 19, 2002, directed staff to start the process to restore the taxi stands at the Greyhound Station On 18th Street. In accordance with the Bakersfield Municipal Code, an administrative hearing before the City Manager was held on September 17, 2002. Mr. Charan Anand, General Manager of the Greyhound Station on 18th Street and Mr; Armando Elenes, representing the taxi cab drivers, were in attendance as well as others from the community. After reviewing the information presented and hearing from representatives for and against the placement of the taxi stands, the City Manager indicated he would issue the taxi stand permits with the condition that if problems such as had occurred in the past resurfaced he would revoke them. He indicated that Mr. Elenes needed to convey this to all those he represented. He also indicated to Mr.' Anand, if problems did arise, to contact Administrative Analyst Trudy Slater. The City Manager indicated the Police Department. would, to the extent possible, ensure the taxi stands were used appropriately for the public's best interest. The taxi stands should be in place within the next two weeks. 2) Also at the meeting, staff was asked to do a survey of the area north of 17t~ Street (southside cottage areas). An aerial photographic image is attached. As indicated in the photograph, parking near the north side of the corner of Truxtun and N would be more convenient to the taxi- using public while stands near the middle would require taxi riders to walk to either end to cross the street. Parking off Truxtun Avenue going north would require additional walking for taxi riders as it does for others using available parking north of the street. Close by on street parking is at a minimum. (P:%&L~WI0209191 -Taxi Stand Permit Information) B E R S F I E L. D OFFICE OF THE CITY MANAGER MEMORANDUM September 13, 2002 TO: LEGISLATIVE AND LITIGATION COMMITTEE'. FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST III ~ ~ SUBJECT: SPECIAL EVENTS STREET CLOSURE PROCESS At the Legislative and Litigation Committee meeting of August 19, 2002, the Committee asked· staff to review the Special Events Permit street closure process and make recommendations which will?.elp with future events. Staff from the City Manager's Office, the Police Department~. the. Finance Department (Treasury), Economic/Community Development and the City Attorney's Office met on August 26, 2002, to discuss the existing process to see what changes could be made to enhance the process. An attempt was made to assess the process from the aPplicant's, the affected business's, the Downtown Business Association's, and the City's Points of view. The USA Cycling Championship event was applied for under the City's Special Events ordinance.. A special event means "any commercial or business promotion or athletic event upon any public street, public sidewalk, public alley or other public place which does not comply with normal and usual traffic regulation or controls." Typically, street closures occur in connection with activities of the Downtown Business Association to promote the downtown and businesses within that are~ This particular event was organized through the Greater Bakersfield Convention and Visitor's Bureau to promote the City of Bakersfield a.s a commiJnity and partjcipants and visitors from all over the Continental U~nited .States were expected to visit the City. As in any type of promotional event or even regular business day, the actuaJ turnout may be far greater or less than anticipated. Historically, the Special Events process' has worked very well. Although the Special Events ordinance has been in effect for several years, the recent complaint is the first one that has been received in staff's memory. While some elements may have been outside the control of the event organization (such as extremely hot Bakersfield summer weather), three points need to be looked at more closely. These are street closure signage, the length of street closures, and notice to affected businesses. Although the Special Events ordinance does not set a specific limit on the time alloWed for an event, it does clearly state that the permit issued is valid only "as to those dates, times and Legislative and Litigation Committee 'September 13~ 2002' Page 2 locations listed on the permit." Separately within the ordinance, it states that ihe event is not to create an unreasonable disturbance to the neighboring areas nor an unreasonable burden on city employees or resources. It also allows the city manager or designee to impose reasonable requirements/conditions conceming the time and place of the event, accommodation of traffic, and such other requirements that are found to be reasonably' necessary' for the protection of person or property. -The TreaSury Division workS-closely with the Police Department to ensure the proper paperwork is filled out as well as to ensure street closure issues are addressed. The streets were closed in the case of the USA Cycling Championships for an extended period on a weekend. The complainant has indicated this negatively affected his business as customers could not park in front of his store during a'time period when he does much of his business. The Police Department indicated that pedestrian traffic was allowed in and out of the area during times when it did nOt create a hazardous situation for either the cyclists or pedestrians. However, those customers who would normally have parked in front of the complainant's business were unable to do so dudng this time. Most event requests do not close the streets for extended periods of time. The length of time of this event was further exacerbated by volunteers placing the signs ahead of the time when it was necessary. Also, the "No Pa~king After 12 Midnight, Subject to Tow, Order of Bakersfield Police Department" signs did not clearly identify what day was affected. When th_e' Bakersfield Police Department places signs, it identifies the Bakersfield Municipal Code under which the sign .applies. Both for clarity and consistency, staff feels that the public would be better serVed if the production of the signs were provided by the Police. Department. Times when the signs were to be placed and removed could be clearly identified by Police personnel, and dates and times the signs were effeE'tive would be marked upon eac'h sign. The organization requesting the event would be responsible for contacting the Police Department relative to producing and paying for 'the signs. The event organization would retain the respol~sibility, as it has now, for actual placement of the signs. This proposed change would administratively remedy issues over dates or proper sign notification. Staff feels the current ordinance includes withih it adequate provisions relating to protections of neighborhoods affected by the Special Events process against unreasonable disturbances and does not recommend placing a the limitation within the ordinance. As d(~monstrated in this instance, businesses within the affected area-were still."open for business.' The notification of business owners located adjacent to any right-of-way which' will be closed for an event appears problematic as the City has traditionally accepted the requesting organization's statement (and list of addressees) as true. Validating notices and/or submitted lists would require enormous amounts of staff time with a minimal amount of return for the time spent on the task. One of the issues raised by the Convention and Visitors Bureau was there did not aPpear to be any one place to go"to obtain a list of ~business owners within a given seCtion of the City. Staff has discussed this at length. While staff feels it is' appropriate to require the event organization to identify whose businesses it's event will impact, one option could be to have the City provide those who request it'(at cost) a City data base list of those organizations with business licenses within the City. This information can currently be obtained throUgh a pUblic records request. Legislative and Litigation Committee "September. 13, 2002 Page 3 .. In a "delimited ASCII fOrmat," the City could provide, upOn a compact disc (~D), the business name, street number and name, city, state, zip code, and other non-tax related fields that are contained within the City's data base. The negatives to the requestor of providing this information in this format include: a) the voluminous list covers the entire City; organizations would still have to identify the areasthey needed to notify; and b) data base information is'nOt provided in a "user friendly" spreadsheet format which requestom may be unable tO. Convert. The information provided through the public records request process is provided in the data base format. If business license data base information were to be Used by organizations to identify specific areas of the City, it is recommended staff provide the information to the Treasury Division-;once a year--in a spreadsheet format. This'would'provide to those who request.it reasonably up-to-date information in a computer format (i.e., Excel) many could Use while not extensively impacting Information Technology staff time. Other organizations could use this "user friendly" spreadsheet information as well without having to go through the public records request process. The responsibility would remain with the organization hosting the event to identify'and inform those affected as required by the ordinance. While providing a user-friendly spreadsheet data would help the hOsting organization identify those businesses impacted by itsevent, it would not prove those businesses (or others) were contacted nor ensure the information the. event organization prevides the City relative to notification was true. As was indicated earlier in this report, this has not appeared to be an issue with past Special Events permit events. While staff feels the Special Events process works well, enhancements to the process could include having the Police Department provide to the event organization (at cost) no parking signs as required by the event~ City staff could also provide in CD format '(at cost) to requesters--after its creation--a user-friendly spreadsheet containing specific address-related information contained within the City's business license data base, which, would be updated annually. Upon direction, staff could implement these changes administratively without the necessity of chai~ging the City's existing ordinance. Please let me know if anything further is needed. (L&L~v10209131-StreetCIosureProcess) Attachment cc: Lt. Tim Taylor Bill Descary Andrew Thomson Jan Fulton CITY OF BAKERSFIELD SPECIAL EVENTS PERMIT APPLICATION MUNICIPAL CODE CHAPTER 10.69 A non-refundable processing fee (Bakersfield Municipal Code 3.70.040) must be submitted with application. Application must be submitted no less than ten ffaysprim' w file ~eaf nor mor~ th~ ninety days prior to the ovent. ~ applic~t sh~l pay all ~ direct costs of~ ci~, ~cluding, but not limited to, ~affic control and polic~ se~ices prior to ~ issu~c~ of~e pe~it. If space is insufficient, supply info~ation on separate sheet(s) and attach hereto. OrgmizationN~e ~~~ ~~9~~~ Telephone Mailing Address ~~ ~ . ~~ ~ ~ ~ Business Tax Certificate No. Event Chai~son ~ ~[ o~ Telephone ~~~7 gailingAddr~ss ~~ ~ ~~~~ _ . EventN~e .~',~ ~_ ~ ~ ~~ Propos~Date 0~, ~~dTime N~e of each SpOnsor o~ctioning Orgmization ~~~~~% ~.5~ . Has my prior p~i~eld by my n~ed orgamzation ever'been revoked? ~ 0 If yes, five re.on(s) List offi~ts-of-way which will need to be closed to the public ~% ~t If an athletic race: Proposed Route Proposed Date Proposed Starting Time Estimated completion time Estimated number of entrants Estimated number of attendees Names and assigned locations of all officials and a description by which they may be identified I SWEAR UNDrmR PENALTY OF PER JURY'S'HAT THE FOREGOING AND ANY ATTACHED PAGES ARE TRUE AND CORRECT. Signature of Authorized Representative Date DO NOT WRITE BELOW THIS LINE ing Director Police Department - Traffic Division Approved/Denied Approved/Denied Risk Manager Econ& Comm Development Approved/Denied · ' citY Manager Designee Conditions: Receipt No. Permit No. Issue Date SPECIAL EVENTS PERMIT AGREEMENT In consideration of the City of Bakersfield's approval of a Special Events Permit (hereafter, the "Permit"), Event Name Event Date ~c.-"~"' , ~-~' ,-~ I~'~- ~7_,M_~;, ~,~-~ , (hereafter, "Applicant Organization") agrees to indemnify, defend and h61d harmless the City, its Mayor, Council, officers, agents, employees and designated volunteers against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, for injury to or death of persons or damage to property arising out of, connected with, or cause(J by Applicar~t Organization, A. pplicant Organization's employees, agents, independent centractors or companies in the performance of, or in any way arising from, the activity authorized by the Permit, whether or not caused in part by a party indemnified hereunder. Applicant Organization shall furnish th~ City Risk Manager with a certificate of insurance evidencing-Fha-insurance required under this Agreement. The policy shall contain an additional endorsement in favor of the City, its Mayor, Council, officers, agents,. employees and designated volunteers. In addition to any e~her form of insurance or bond required under the terms of this Agreement, Applicant Organization shall prOcure and maintain for the duration of this Agreement the following types and limits of insurance, otherwise referred to as "basic insurance requirementS": A. Broad form commercial general liability insurance, ISO Form CGOO 01 11 85 or 88, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence, and the policy shall: -- provide contractual liability coverage for the term of this Permit. -- contain an additional insured endorsement in favor of the City, its Mayor, Council, officers, agents, employees and designated volunteers. B. Workers' compensation insurance (required if Applicant Organization has employees) with statutory limits and employer's liability insurance with limits of not less than one million dollars ($1,000,000) per occurrence, and the policy shall: -- contain a waiver of subrogation endorsement in favor of the City, its Mayor, Council, officers, agents, employees and designated volunteers. Continued on Reverse Side DBA D~ Bmi~ CHAIRMAN Frederick Prince - August 27, 2002 PRESIDENT Cathy Butler TREASURER Attention Downtown Businesses: Michael Russo Tile Downtmvn Business'~ssociation and rite Bakersfield Car Club Council SECRETARY will be coordinating all exciting event for thc weekend of October 25, 26 and 27 Herman [~uddell for tile "Highway 99 Car ~ow and Up on thc Roof Party". PAST PRESIDENT J Philip Bentley Friday Night will be tile open header cruise and street dance, in which Chester ,,A, venue will be closed starting at :5;30 p.m. till 11 p.m., between "Eye" and BOARD OF DIRECTORS K" Street front Tmxtun to 23rd. Jerry Boronowski ,T Philip Bentley .:- Brian Collins Saturday during tile daytime Chester Avenue will be closed from Tmxtun to Chester Moland 23~a Street, between "Eye" and "K" 10 a.m. till 6 p.m., for thc car show and 6inger Moorhouse street faire. Seventeenth and Eighteenth Street will remain closed that evening Robert Mm'vis for tile "Up on the Roof Party". Frederick Prince Ken Reed Sunday morning Chester will be closed from 7 a.m. till noon for file car show Larry Reider awards and pancake breakfast. Herman Ruddell Michael Russo ~ Free parking will be :~vailable in the 18' & Eye Parking Garage and we are Dee Slade . - also working with property owners to allow customer parking in the Bank of America, Superintendent of Schools, District Attorney's and University Square LIAISONS parking facilities. Sue Benham '* COUNCILWOMAN 2"" WAnD If yOU would like to hold an activity ill front of your business please contact our office. We are hoping to create a reason to stop by your business with 5hirlyn Davenport merchants being included in tile overall festivities. REDEVELOPMENT AGENCY . , ' If you have any questions, please contact our office at 325-5892. ' ' :'Sincerely, Cathy A. Butler President · 2000 'K" Street 18120 - Bakersfield, CA 93301 Phone (661) 326-~892 Fax# (661) 325-73t9 dbs.clicktoJam.com e-mall address: thedbal _~Juno.cmTt one-way ~ ~ 23RD STREET · ' _ , . 23RD STREET 20TH ~ ONE WAY , f ~T~ , , TRU~N AVENUE " ? R CY P~E C~ CO~ ~PITAL j . DE~ ~ ~USE B~.~D ~N~~ 16TH STRE~ B~. C~ ' 22ND STREET '- 20TH ~ ~E WAY THU~N AVEN~E " PITAL. DEE ~ ~USE ~.~D , ~IN~~ , 16TH STR E ~ B~. C~ ' °n~Way = ~ :"23RD STRE~ ~ I ~~ ~ND STREET '- ' ~ ~9TN ~ EWA~ S~E~ 18TH TRU~N AVENUE J ,t * REC~D &' PLACED ON* FILE : AT COUNCIL MEETING OF. PETITION ~_~_~,..~.~. ~ We the undersigned busings and/or property owners or authorized repre~entativ~ of said businesses hereby notify the Bakersfield City Council that we oppose the closure of downfown street~ during regular busings hour~ for the upcoming Highway 99 Car Show and/or Street Faire On October 25, 26 & 27, 2002. We hereby request that .the City Council take immediate steps to protect the rights of downtown businesse~ by not permitting said event to occur before 6:00 P.M. once the typical busings day is complete. Business Name Address Signature Title Date _. 7 ~ ~'~ pETITION We the undersigned business and/or property owners or authorized representatives of said businesses hereby notify the Bakersfield City Council that we oppose the closure of downtown streets during regular business hours for the upcoming Highway 99 Car Show and/or Street Faire on October 25, 26 & 27, 2002. We hereby request that the City Council take immediate steps to protect the rights of downtown businesses by not permitting said event to occur before 6:00 P.M. once the typical business day is complete. B.u. sinessName .- Address._~.qTg' ~Sig~ Title Date ?.. ._- .._-_' PETITION We the undersigned business and/or property owners or authorized representatives of said businesses hereby notify the Bakersfield City Council that we oppose the closure of downtown streets during regular business hours for the upcoming Highway 99 Car Show and/or Street Faire on October 25, 26 & 27, 2002. We hereby request that the City Council take immediate steps to protect the rights of downtown businesses by not permitting said event to occur before 6:00 P.M. once the typical business day is complete. Business Name Address Sig~u~/ Title Date PETITION We the undersigned business and/or property owners or authorized representatives of said businesses hereby notify the Bakersfield City Council that we oppose the closure, of downtown streets during regular business hours for the upcoming Highway 99 Car Show and/or Street Faire on October 25, 26 & 27, 2002. We hereby request that the City Council take immediate steps to protect the rights of downtown businesses by not permitting said event to occur before 6:00 P.M. once the typical business day is complete. Business Name /~, tess Signature Title Date ~ .' - 15Ida /? PETITION We .the undersigned business and/or property owners or authorized representatives of said businesses hereby notify the Bakersfield City Council that we oppose the closure of downtown streets during regular business hours for the upcoming Highway 99 Car Show and/or Street Faire on October 25, 26 & 27, 2002. We hereby request that the City Council take immediate steps to protect the rights 'of downtown businesses by not permitting said event to occur before 6:00 P.M. once the typical business day is complete. Business~ (~ Address Signature Title Date ,... ,. 4, / PETITION We the undersigned business and/or property owners or authorized representatives of said businesses hereby notify the Bakersfield City Council that we oppose the closure of downtown streets during regular business hours~for the upcoming Highway 99 Car Show and/or Street Faire on October 25, 26 & 27, 2002. We hereby request that the City Council take immediate steps to protect the rights of downtown businesses by not permitting said event to occur before 6:00 P.M. once the typical business day is complete. ~Usiness Name) Address Signature Title Date · ! · .i" '") ,'~ ' , PETITION We the undersigned business and/or property owners or authorized representatives of said businesses hereby notify the Bakersfield City Council that we oppose the closure of downtown streets during regular business hours for the upcoming Highway 99 Car Show and/or Street Faire on October 25, 26 & 27, 2002. We hereby request that the City Council take immediate steps to protect the rights of downtown businesses by not permitting said event to occur before 6:00 P.M. once the typical business day is complete. Business Name Address Signature Title Date PETITION We the undersigned business and/or property owners or authorized representatives of said businesses hereby notify the Bakersfield City Council that we oppose the closure of downtown streets during regular business hours for the upcoming Highway 99 Car Show and/or Street Faire on October 25, 22 & 27, 2002. We hereby request that the City Council take immediate steps to protect the rights of downtown businesses by not permitting said event to occur before 6:00 P.M. once the typical business day is complete. Business Name Address Signature Title Date pETITION · -:e the undersigned business and/or property owners or authorized representatives of said businesses hereby. otify the Bakersfield City Council that we oppose the closure of downtown streets during regular busln~ i>~,~urs for the upcoming Highway 99 Car Show and/or Street Faire on October 25, 26 & 27, 2002. We.hereby ::quest that the City .Council take immediate steps to protect .the rights of downtown businesses by not ,rmitting said event to occur before 6:00 P.M. once'the typical business day is complete. · '~ asiness Name Address Signature Title Date PETITION We the undersigned business and/or property owners or authorized representatives of said businesses hereby notify the Bakersfield City Council that we oppose the closure of downtown streets during regular business hours for the upcoming Highway 99 Car Show and/or Street Faire on October 25, 26 & 27, 2002. We hereby request that the City Council take immediate steps to protect the rights of downtown businesses by not permitting said event to occur before 6:00 P.M. once the typical business day is complete. Business Nam~ Address __ S_ig~lature //~ ~/~tle . Date / "_ -~J -:2/ - --.. . PETITION We the undersigned business and/or property owners or authorized representatives of said businesses hereby notify the Bakersfield City Council that we oppose the Closure of downtown streets during regular business hours for the upcoming Highway 99 Car Show and/or Street Faire on October 25, 25 & 27, 2002. We hereby request that the City Council take immediate steps to protect the fights of downtown businesses by not permitting said event to occur before 6:00 P.M. once the typical business day is complete. Business Name Address ~;:~E~ Si~nature~A Title Date o' ' --LI ' , .  .~ ~0 E. Truxtun Aw., ~mfi~l~ OA ~ 661-~-919~ ,, Fax 7/26/02 Mayor Harvey Hall City of Bakersfield 1501 Truxtun Ave Bakersfield, CA 93301 RE: .Housing and Emergency Shelter Trust Fund Act of 2002 Dear Mayor Hall: Recently, the State legislature passed and the governor signed SB 1227, an urgency statute, enacting the Housing and Emergency Shelter Trust Fund Act of 2002. SB 1227 will place $2.1 billion in general obligation bonds on the November 5, 2002, statewide election ballot. If passed, -this bond will finance a broad variety of affordable housing construction, home ownership loans, local government incentive, farm worker housing, emergency shelter, and school construction activities, as outlined in the attached "Fact Sheet." The Kern County Homeless Collaborative membership formally endorsed the Housing and Emergency Trust Fund Act at its. July 24, 2002, monthly meeting. We also voted unanimously to recommend that the Bakersfield City Council and Kern County Board of Supervisors also formally endorse this ballot proposition, to create public awareness of and support for the measure. If and whenthe ballot proposition passes-, in November, we also hope that the. City and County will work together with local public and private housing entities, community groups, and citizens to maximize our efforts to obtain funds for and implement a range of needed housing projects. California, and Kern County, are in the midst of an affordable housing crisis, as you know, and it is imperative that we pass this critically needed ballot proposition. I and several other representatives of the Collaborative would be happy to appear before you to discuss this issue, if you would like. SincereJy, r - Kern County Homeless Collaborative CoC. Irma Carson, Ward 1 Sue Benham, Ward 2 Mike Maggard, Ward 3 David Couch, Ward 4 Harold Hanson, Ward 5 Jacquie Sullivan, Ward 6 Mark C. Salvaggio, Ward 7 To address California's dire need for affordable housing, a coalition of senior organizations, business groups, labor unions, nonprofit housing and homeless advocates, developers, educators, local governments and numerous charitable organizations have joined together to support the Housing and Emergency Shelter Trust. Fund Act of 2002 on the November ballot. What does the Housing & Emergency Shelter Trust Fund Act do? Finances $2.1 billion in affordable housing construction through a State bond: · $910 million for rental housing for low-income seniors, disabled persons, and families with children. · $495 million for homeownership programs, including sweat equity housing and down payment assistance for Iow and moderate-income families. · $390 million for emergency shelters and permanent housing with support services for homeless, seniors, battered women, mentally ill people and veterans. · $200 million for farm worker housing (rental and ownership). · $100 million for incentives for local governments to approve housing developments. · $5 million for local code enforcement to revitalize neighborhoods. Why is this measure needed? To address California's growing housing crisis, housing construction must increase significantly to meet.the demands of a .growing population. The biggest gap in production is in affordable housing for lower income working families. As a result: · Over 360,000 Californians are homeless, according to the Department of Housing and Community Development. The most rapidly increasing segments of the homeless population are seniors and families with children. - ' · One,third of all renters, half of all low-income renters, and three-fourths of all very low income renters spend more than 50% of their income for housing. (30% is considered "affordable.") · Only 29% of Californians can afford the median priced home in the state, compared to 55% nationally. How will passage of this measure address California's housing cri$is? · By creating up to 22,000 permanently-affordable rental units · By enabling more than 65,000 California families to purchase their own house By providing housing assistance for 12,000 to 24,000 farm worker families · By creating 20 million shelter bed days for homeless people Where is the fiscal accountability? The measure includes provisions to ensure proper administration of the bond proceeds at both the state and local levels: · Bureau of State Audits will conduct audits to ensure that bond proceeds are awarded in a timely fashion and in compliance with the provisions set forth in the bond measure. · Oversight of administering the money to local community development agencies and nonprofit agencies by the Department of Housing and Community Development, with policing authority by the Bureau of State Audits. What other benefits will the measure generate for California? · New Investment: At least $13 billion in.private investment and federal funds · Job____fis: Approximately 276,002 full time jobs and $9.38 billion in wages · Spending: $42 billion in spending for home-related goods and services Senate Bill No. 1227 CHAPTER 26 An act to amend Sections 50802.5, 51455, 51479, and 53130 of, to add Sections 50675.13, 50675.14, 51451.5, 51453, and 51505 to, and to add Part 11 (commencing with Section 53500) to Division 31 of, the Health and Safety Code, relating to financing housing programs by providing the funds necessary therefor through the issuance and sale of bonds of the State of California and by providing for the handling and disposition of those funds, and declaring the urgency thereof, to take effect immediately. [Approved by Governor April 22, 2002. Filed with Secretary of State April 22, 2002.] LEGISLATIVE COUNSEUS DIGEST SB 1227, Burton. Housing and Emergency Shelter Trust Fund Act of 2002. Under existing law, there are programs providing assistance for, among other things, multifamily housing, emergency housing, farmworker housing, home ownership for low- and very low income households, and downpayment assistance for first-time homebuyers. Existing law also establishes specified code enforcement programs. This bill would enact the Housing and Emergency Shelter Trust Fund Act of 2002,. which, if adopted, would authorize, for purposes of financing various existing housing and code enforcement programs, and additional specified programs subject to the enactment of enabling legislation, the issuance of bonds in the amount of $2,100,000,000 pursuant to the State General Obligation Bond Law. This bill would provide for submission of the bond act to the voters at the November 5, 2002, statewide general election in accordance with specified law. The bill would enact additional provisions for the distribution of designated portions of. the proceeds of the bond act and the administration of the programs pursuant to which those funds would be distributed. Those provisions would become operative only if the bond act is adopted by the voters. This bill would also delete obsolete provisions. This bill would declare that it is to take effect immediately as an urgency statute. 88 " I Ch. 26 2 The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares all of the following: (1) Approximately 220,000 housing units need to be produced in California each year to meet demand. Yet only four times in the last 20 years has the production target been reached. (2) While the national homeownership rate has reached a record high, the rate in California is 10 percent below the national average, and ranks 48th in the nation. (3) There is an extreme shortage of rental housing in California, particularly for lower income renters. Rental housing construction is primarily at the high end of the rental market. The statewide rental vacancy rate is fourth lowest in the nation. (4) Over one-third of all renter families statewide pay over half their incomes in rent. Over one-half of all low-income renter families pay over half their incomes in rent, while almost three out of four very low income renter families pay over half their incomes in rent. It requires 106 hours per week at a minimum wage job to afford the average two-bedroom unit in California. (5) One out of every eight housing units statewide is in substandard condition, and one of every eight metropolitan California rentals is overcrowded. Threats to resident safety and displacement and costs of repairs and rehabilitation can be mitigated with more effective local housing code enforcement and compliance activities. Moreover, increased availability of public funds to help finance rehabilitation and repairs will result in the preservation of existing housing rather than replacement of that housing at higher construction costs. (6) The Department, of Housing and Community Development estimates that there are over 360,000 homeless individuals in California, and other data discloses that one-third of the homeless population, and the segment increasing most rapidly, are families with children. (7) More than 147,000 rental units built in this state prior to 1980 under the Section 236, Section 22 l(d)(3), and Section 8 programs of the United States Department of Housing and Urban Development and the Section 515 program of the federal Farmers Home Administration are at risk of conversion to higher rent housing or condominium units. Loss of this housing stock will displace thousands of elderly, disabled, and straggling families with no place to go. (8) The basic housing goal for state government pursuant to subdivision (b) of Section 50003 of the Health and Safety Code is to provide a decent home and suitable living environment for every California familY. 88¸ ~3~ Ch. 26 (b) The Legislature further finds and declares all of the following: (1) There is an urgent need to provide affordable housing to meet the increasingly unfulfilled housing needs of this' state. (2) There is an immediate need to reaffirm the commitment to the official housing policy of the' state and provide sufficient financial resources to meet this commitment over a reasonable period of time. (3) There is a critical need to provide financial assistance to do all of the following: (A) Purchase, construct, and rehabilitate emergency shelters and transitional housing for homeless families and individuals. (B) Construct rental housing for families and individuals, including the special housing needs of seniors, the disabled, and farmworkers. (C) Preserveand rehabilitate affordable homes and rental housing. (D) Provide home purchase assistance for fa'st-time homebuyers. SEC. 1.5. Section 50675.13 is added to the Health and Safety Code, to read: 50675.13. (a) If the Housing and Emergency Shelter Trust Fund Act of 2002 is approved by the voters, with respect to funds appropriated pursuant to paragraph (I) of subdivision (a) of Section 53533, the department shall award reasonable priority points for projects to prioritize any of the following: (1) Infill development. (2) Adaptive reuse in existing developed areas served with public infrastructure. (3) Projects in proximity to public transit, public schools, parks and recreational facilities, or job centers. (b) The department may utilize other factors in rural areas to promote infill development. SEC. 1.6. Section 50675.14 is added to the Health and Safety Code, to read: 50675.14. If the Housing and Emergency Shelter Trust Fund Act of 2002 is approved by the voters, with respect to funds appropriated to the Multifamily Housing Program pursuant to paragraph (3) of subdivision (a) of Section 53533, the department shall consider, commencing in the second year of the funding, the feasibility and appropriateness of modifying its regulations to increase the use of funds by small projects. In doing this, the department shall consider its operational needs and prior history of funding supportive housing facilities. SEC. 1.7. Section 50802.5 of the Health and Safety Code is amended to read: 50802.5. (a) The department shall issue a notice or notices of funding availability to potential applicants and designated local boards, ' as applicable, as soon as possible after funding becomes available for the 88 Ch. 26 4 Emergency Housing and Assistance Program. Each notice of funding availability shall indicate the amounts and types of funds available under this program. (b) A designated local board, or the department in the absence of a designated local board, shall solicit, receive, and select among applications for grants pursuant to this chapter from eligible organizations through an open, fair, and competitive process. These applications shall be ranked and selected by a designated local board, or by the department in the absence of a designated local board. (c) Notwithstanding subdivision (b), the department may restrict a designated local board from selecting any application requesting a grant for capital developments if the amount requested by the application exceeds the limits determined by the department, and the department determines that the designated local board is not qualified to evaluate the application. The department shall establish criteria for distinguishing between a designated local board that may be so restricted and a designated local board that would not be so restricted. A designated local board may appeal to the director, or to the director's designee, any decision made by the department pursuant to this subdivision. The department, by June 30, 2001, shall consider increasing the maximum grant limits to three hundred thousand dollars ($300,000) for operating grants and five hundred thousand dollars ($500,000) for capital grants. (d) The deparmaent, or the designated local board, as applicable, shall not grant more than one million dollars ($1,000,000) to any eligible organization within a region in a funding round even if the eligible organization has filed multiple applications. (e) The department shall determine requirements of the grant contract and shall contract directly with the grant recipient. The department shall not delegate this function to the designated local boards. Eligible designated local boards may use a percentage of the regional award funds to defray administrative costs. The department shall establish this percentage, which shall not exceed 2 percent. (f) The designated local board shall regulate the performance of any grant conlzact within their region, subject to department oversight and requirements established by the department. (g) The department shall not perform a secondary rating or ranking review on those grant applications that have been solicited, received, and selected by a designated local board according to a local ranking criterion that has been approved by the department. (h) Notwithstanding any other provision of this chapter, if the Housing and Emergency Shelter Trust Fund Act of 2002 is approved by the voters, funds allocated pursuant to paragraph (2) of subdivision (a) of Section 53533 shall be administered by the depaxhnent in a manner 88 ~$~ Ch. 26 consistent with the restrictions and authorizations contained in provision 3 of Item 2240-105-0001 of the Budget Act of 2000, except that any appropriations in that item shall not apply. The competitive system used by the department shall incorporate priorities set by the designated local boards and their input as to the relative merits of submitted applications from within the designated local board's county in relation to those priorities. In addition, the funding limitations contained in this section shall not apply to the appropriation in that budget item. SEC. 2. Section 51451.5 is added to the Health and Safety Code, to read: 51451.5. The Homebuyer Down Payment Assistance Program of 2002 is hereby established, to provide assistance in the mount of the applicable school facility fee on affordable housing developments. The H'Omebuyer Down Payment Assistance Program of 2002 shall, with funds provided by the Housing and Emergency Shelter Trust Fund Act of 2002 (Part 11 (commencing with Section 53500)), provide the following assistance: (a) Downpayment assistance to the purchaser of any newly constructed residential structure in a development project in an economically distressed area in the amount of school facility fees paid pursuant to Section 65995.5 or 65995.7 of the Government Code, less the amount that would be required pursuant to subdivision (b) of Section 65995 of the Government Code, notwithstanding Sections 65995.5 and 65995.7 of the Government Code, if all of the following conditions are met: (1) The development project is located in a county with an unemployment rote that equals or exceeds 125 percent of the state unemployment rote. (2) Five hundred or more residential smactures have been constructed in the county during 2001. (3) A building permit for an eligible residential structure in the development project is issued by the local agency on or after January 1, 2002. (4) The eligible residential structure is to be owner occupied for at least five years. If a structure is owner occupied for fewer than five years, the recipient of the assistance shall repay the School Facilities Fee Assistance Fund the amount of the assistance, on a prorated basis. (5) The sales price of the eligible residential structure does not exceed t 75 percent of the median sales price of residential structures in the county during the average of the previous five years. (b) Downpayment assistance to the purchaser of any newly constructed residential structure in a development project in the 88 Ch. 26 6 aggregate amount of school facility fees paid pursuant to one, ail, or any combination of subdivision CO) of Section 65995, Section 65995.5, or Section 65995.7 of the Government Code for the eligible residential structure if all of the following conditions are met: (1) The assistance is provided to a qualified first-time homebuyer pursuant to Section 50068.5. (2) The qualified first-time homebuyer does not exceed the lower or moderate-income requirements in Section 50093. (3) A building permit for an eligible residential structure in the development project is issued by the local agency on or after January 1, 2002. (4) The eligible residential structure is to be owner occupied for at least five.years. If a structure is owner occupied for fewer than five years, the recipient of the assistance shall repay the School Facilities Fee Assistance Fund the amount of the assistance, on a prorated basis. SEC. 3. Section 51453 is added to the Health and Safety Code, to read: 51453. Notwithstanding Section 51452, the sum of fifty million dollars ($50,000,000) transferred to the School Facilities Fee Assistance Fund pursuant to subparagraph (A) Of paragraph (7) of subdivision (a) of Section 53533 is continuously appropriated to the department for allocation for the agency for administrative costs and to make payments to purchasers of newly constructed residential structures pursuant to Section 51451.5 from that~fund for a period of four years, as follows: (a) Twenty-five million dollars ($25,000,000) shall be available for the program s~t forth in subdivision (a) of Section 51451.5, except that if less than 50 percent of these funds are expended within 24 months, all or part of those funds shall be available for the program set forth in s~abdivision (b) of Section 51451.5 at the discretion of the executive director of the agency. (b) Twenty-five million dollars ($25,000,000) shall be available for the program set forth in subdivision (b) of Section 51451.5, except that if less than 50 percent of these funds are expended within 24 months, all or part of those funds shall be available for the program set forth in subdivision (a) of Section 51451.5 at the discretion of the executive director of the agency. (c) If after 48 months, more than 20 percent of the funds identified in subdivisions (a) and Co) are not expended, the executive director of the agency may make all or part of those funds available to the California Homebuyer's Downpayment Assistance Program, as authorized under Chapter 11 (commencing with Section 51500). (d) All repayments of disbursed funds pursuant to this chapter or any interest earned from the investment in the Surplus Money Investment 88 ? Ch. 26 Fund or any other moneys accruing to the fund from 'whatever source shall be returned to the fund and is available for allocation by the agency to the progra~ established pursuant to Section 51451.5. SEC. 4. Section 51455 of the Health and Safety Code is amended to read: 51455. (a) Except as provided in subdivision (b), Sections 51450, 5145 l, 51452, and 51454 shall not be operative on and after January l, 2002. (b) Except as provided in Section 51453, the School Facilities Fee Assistance Fund established by Section 51452 and the programmatic authority necessary to operate the programs authorized by Section 51451 shall continue on and after January l, 2002, only with respect to any repayment obligation pertaining to that assistance or to any regulatory agreement imposed as a condition of that assistance. SEC. 5. Section 51479 of the Health and Safety Code is amended to read: 51479. In administering a program for the preservation of multifamily housing hereunder, the agency may segregate funds available for these purposes into separate accounts as necessary to reflect the different types of assistance authorized by this chapter. SEC. 6. Section 51505 is added to the Health and Safety Code, to read: 51505. (a) In addition to the downpayment assistance program authorized by Section 51504, and notwithstanding any provision of Section 51504 to the contrary, the agency shall provide downpayment assistance from the funds set aside pursuant to subparagraph (D) of Paragraph (7) of subdivision (a) of Section 53533 for the purposes of the portion of the Extra Credit Teacher Home Purchase Program provided for in subdivision (g) of Section 8869.84 of the Government Code and any other school personnel home ownership assistance programs as set forth by the California Debt Limit Allocation Committee, as operated by the agency. Notwithstanding the foregoing, the agency may, but is not .required to, provide downpayment assistance pursuant to this section to any local issuer participating in the Extra Credit Teacher Home Purchase Program and any other school personnel home ownership assistance programs as set forth by the California Debt Limit Allocation Committee. (b) Downpayment assistance for purposes of this section shall be subject to, and shall meet the requirements of, the Extra Credit Teacher Home Purchase Program and any other school personnel home ownership .programs as set forth by the California Debt Limit Allocation Committee, and shall include, but not be limited to, deferred payment, low ~interest rate loans where payment of principal and interest is 88 Ch. 26 8 deferred until the time that the home is sold or refinanced. This downpayment assistance shall meet the requirements of subdivisions (d) and (e) of Section 51504. (c) Loans made pursuant to this section may include a provision whereby interest, principal, or both, of the loan is forgiven upon conditions to be established by the agency, or any other provision designed to carry out the purposes of the Extra Credit Teacher Home Purchase Program and any other school personnel home ownership programs as set forth by the California Debt Limit Allocation Committee. (d) Downpayment assistance pursuant to this section shall not exceed the greater of seven thousand five hundred dollars ($7,500) or 3 percent of the home sales price. SEC. 7. Section 53130 of the Health and Safety Code is amended to read: 53130. (a) Moneys deposited in the Roberti Affordable Housing Fund from the sale of bonds pursuant to Part 9 (commencing with Section 53150) shall be allocated for expenditure in accordance with the following schedule: (1) Two hundred million dollars ($200,000,000) shall be transferred to the Rental Housing Construction Fund to be expended for the programs authorized by Chapter 9 (commencing with Section 50735) of Part 2, except Sections 50738.5 and 50745.1. (2) Twenty-five million dollars ($25,000,000) shall be transferred to the Housing Rehabilitation Loan Fund to be expended for the purpose of making deferr~-payment loans to acquire and rehabilitate residential hotels, as authorized by Section 50670. (3) Twenty-five million dollars ($25,000,000) shall be transferred to the Emergency Housing and Assistance Fund to be expended for the programs authorized by Chapter 11.5 (commencing with Section 50800) of Part Z (4) Fifteen million dollars ($15,000,000) shall be transferred to the Family Housing Demonstration Account to be expended for the programs authorized by Chapter 15 (commencing with Section 50880) of Part 2 of Division 31 of the Health and Safety Code. (5) Ten million dollars ($10,000,000) shall be transferred to the department for expenditure for the development of migrant farm labor centers authorized by Chapter 8.5 (commencing with Section 50710) of Part 2 of Division 31 of the Health and Safety Code. (6) Twenty-five million dollars ($25,000,000) shall be transferred to the Home Purchase Assistance Fund to be expended for programs authorized by Chapter 6.8 (commencing with Section 51341) of Part 2 of Division 31 of the Health and Safety Code. 88 ~9~ Ch. 26 (b) Moneys deposited in the Roberti Affordable Housing Fund from the sale of bonds pursuant to Part 10 (commencing with Section 53190) shall be allocated for expenditure in accordance with the following schedule: (1) One hundred million dollars ($100,000,000) shall be transferred to the Rental Housing Construction Fund to be expended for the programs authorized by Chapter 9 (commencing with Section 50735) of Part 2, except Sections 50738.5 and 50745.1. (2) Fifteen million dollars ($15,000,000) shall be transferred to the Housing Rehabilitation Loan Fund to be expended for the purpose of making deferred-payment loans to acquire and rehabilitate residential hotels, as authorized by Section 50670. (3) Ten million dollars ($10,000,000) shall be transferred to the Emergency Housing and Assistance Fund to be expended for the programs authorized by Chapter 11.5 (commencing with Section 50800) of Part 2. (4) Twenty-five million dollars ($25,000,000) shall be transferred to the Home Purchase Assistance Fund to be expended for programs authorized by Chapter 6.8 (commencing with Section 51341) of Part 2. (c) No portion of any of the moneys allocated pursuant to this section may be expended for project operating costs, except that this section does not preclude expenditures for operating costs from reserves required to be maintained by or on behalf of the project sponsor. SEC. 8. Part 11 (commencing with Section 53500) is added to Division 31 of the Health and Safety Code, to read: PART 1 I. "HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 CHAPTER 1. GENERAL PROVISIONS 53500. This part shall be known and may be cited as the Housing and Emergency Shelter Trust FOxed Act of 2002. 53501. As used in this part, the following terms have the following meanings: (a) "Committee" means the Housing Finance Committee created pursuant to Section 53524. (b) "Fund" means the Housing and Emergency Shelter Trust Fund created pursuant to Section 53520. 88 Ch. 26 -- 10- CHAPTER 2. HOUSING AND EMERGENCY SHELTER TRUST FU~D 53520. The proceeds of bonds issued and sold pursuant to this part shall be deposited in the Housing and Emergency Shelter Trust Fund, which is hereby created. Money in the fund shall be allocated and utilized in accordance with Chapter 4 (commencing with Section 53533). CHAPTER 3. FISCAL PROVISIONS 53521. Bonds in the total amount of two billion one hundred million dollars ($2,100,000,000) exclusive of refunding bonds, or so much thereof as is determined necessary and feasible by the committee in order to effectuate this part or to conduct an effective sale, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this part and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, shall, when sold, be and constitute a valid legally and binding obligation of the state, and the full faith and credit of the state is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. 53522. Any bonds issued and sold pursuant to this part may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code. Approval by the electors of the state for the issuance of bonds described in this chapter shall include the approval of the issuance of any bonds issued to refund any bonds originally issued or any previously issued refunding bonds. 53523. (a) The bonds authorized by this part shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code) and all of the other provisions of that law apply to the bonds and to this part and are hereby incorporated in this part as though set forth in full in this part. (b) Pursuant to the State General Obligation Bond Law, the cost of bond issuance shall be paid out of the bond proceeds. These costs shall be shared proportionally by each program funded through this chapter. 53524. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this part, the Housing Finance Committee is hereby created. For purposes of this part, the Housing Finance Committee is 88 ~ 11 ~ Ch. 26 "the committee" as that term is used in the State General Obligation Bond Law. The committee consists of the Controller, the Treasurer, the Director of Finance, the Secretary of the Business, Transportation and Housing Agency, the Director of Housing and Community Development, and the Executive Director of the California Housing Finance Agency, or their designated representatives. The Treasurer shall serve as the chairperson of the committee. A majority of the committee may act for the committee. (b) For purposes of the State General Obligation Bond Law, the department is designated the "board" for programs administered by the department, and the agency is the "board" for programs administered by the agency. 53525. Upon request of the board stating that funds are needed for the purposes of this chapter, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this part in order to carry out the actions specified in Chapter 4 (commencing with Section 53533) and, if so, the mOUnt of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. 53526. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount-required to pay the principal of, and interest on, the bonds each year, and it is the duty of all officem charged by .law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect · at additional sum. 53527. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General FUnd, for the purposes of this part, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this part, as the principal and interest become due and payable. (b) The sum necessary to carry out the provisions of Section 53528, appropriated without regard to fiscal years. 53528. For the purposes of carrying out this part, the Director of Finance may authorize the withdrawal from the General FUnd of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold for the purpose of carrying out this part. Any amoUnts withdrawn shall be deposited in the fend. Any money made available Under this section shall be returned to the General Fund from money received from the sale of bonds for the purpose of carrying out this part. 88 Ch. 26 ~ 12 ~ 53529. Notwithstanding any other provision of this part, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this part that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax exempt status of those bonds and to obtain any other advantage under federal law on .behalf of the funds of this state. 53530. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purposes of carrying out this part. The amount of the request shall not exceed the amount of unsold bonds that the committee has by resolution authorized to be sold for the purpose of carrying out this part. The board shall execute any documents that are required by the Pooled Money Investment Board to obtain and 'repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this part. 53531. All money deposited in the fund that is derived from premiums and accrued interest on bonds sold shall be reserved in the fund and shall be available for wansfer to the General Fund as a credit to expenditures for bond interest. 53532. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this part are not "proceeds of taxes" as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. CHAPTER 4. ALLOCATION OF HOUSING BOND REVENUES 53533. (a) Money deposited in the fund from the sale of bonds' pursuant to this part shall be allocated for expenditure in accordance with the following schedule: (1) Nine hundred ten million dollars ($910,000,000) shall be transferred to the Housing Rehabilitation Loan Fund to be expended for the Multifamily Housing Program authorized by Chapter 6.7 (commencing with Section 50675) of Part 2, except for the following: 88 -- 13 -- Ch. 26 (A) Fifty million dollars ($50,000,000) shall be mmsferred to the Preservation Opportunity Fund and, notwithstanding Section 13340 of the Government Code, is continuously appropriated without regard to fiscal years for the preservation of at-risk housing pursuant to enabling legislation. (B) Twenty million dollars ($20,000,000) shall be used for nonresidential space for supportive services, including, but not limited to, job training, health services, and child care within, or immediately proximate to, projects to be funded under the Multifamily Housing Program. This funding shall be in addition to any applicable per-unit or project loan limits and may be in the form of a grant. Service providers shall ensure that services are available to project residents on a priority basis over the general public. (C) Tw~nty-five million dollars ($25,000,000) shall be used for matching grants to local housing trust funds pursuant to enabling legislation. (D) Fifteen million dollars ($15,000,000) shall be used for student housing through the Multifamily Housing Program, subject to the following provisions: (i) The department shall give first priority for projects on land owned by a University of California or California State University campus. Second priority shall be given to projects located within one mile of a University of California or California State University campus that is suffering from a severe shortage of housing and limited availability of developable land as determined by the department. Those determinations shall be set forth in the Notice of Funding Availability and shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Title 2 of the Government Code. (ii) All funds shall be matched on a one-to-one basis from private sources or by the University of California or California State University. For the purposes of this subparagraph, "University of California" includes the Hastings College of the Law. (iii) Occupancy for the units shall be restricted to students enrolled on a full-time basis in the University of California or California State University. (iv) Income eligibility pursuant to the Multifamily Housing Program shall be established by verification of the combined income of the student and his or her family. (v) Any funds not used for this purpose within 24 months of the date that the funds are made available shall be ~awarded pursuant to subdivision (a) for the Downtown Rebound Program as set forth in paragraph (1) of subdivision (c) of Section 50898.2. 88 Ch. 26 ~ 14 ~ (E) Any funds not encumbered for the purposes set forth in this paragraph, except subparagraph (D), within 30 months of availability shall revert to the Housing Rehabilitation Loan Fund created by Section 50661 for general use in the Multifamily Housing Program. (F) If the enabling legislation for any program specified in this paragraph fails to be enacted into law in the 2001-02 Regular Session of the Legislature, the specified allocation for that program shall be void and the funds shall revert for general use in the Multifamily Housing Program. (2) One hundred ninety-five million dollars ($195,000,000) shall be transferred to the Emergency Housing and Assistance Fund to be expended for. the Emergency Housing and Assistance Program authorized by Chapter 11.5 (commencing with Section 50800 of Part 2). (3) One hundred ninety-five million dollars ($195,000,000) shall be transferred to the Housing Rehabilitation Loan Fund to be expended for the Multifamily Housing Program authorized by Chapter 6.7 (commencing with Section 50675) of Part 2, to be used for _supportive housing projects for individuals and households moving from' emergency shelters or transitional housing or those at risk of homelessness. The criteria for selecting projects should give priority to supportive housing for people with disabilities who would otherwise be at high risk of homelessness where the applications represent collaboration with programs that meet the needs of the person's disabilities. The department may provide for higher per-unit loan limits as reasonably necessary to provide and maintain rents affordable to those individuals and households. For purposes of this paragraph, "supportive housing" means housing with no limit on length of stay, that is occupied by the target population, as defined in subdivision (d) of Section 53260, and that is linked to onsite or offsite services that assist the tenant to retain the housing, improve his or her health status, maximize his or her ability to live, and, when possible, work in the community. (4) Two hundred million dollars ($200,000,000) shall be transferred to the Joe Sema, Jr. Farmworker Housing Grant Fund t6 be expended for farmworker housing programs authorized by Chapter 3.2 (commencing with Section 50517.5) of Part 2, except for the following: (A) Twenty-five million dollars ($25,000,000) shall be used for projects that serve migratory agricultural workers as def'med in subdivision (i) of Section 7602 of Title 25 of the California Code of Regulations. (B) Twenty million dollars ($20,000,000) shall be used for developments that also provide health services to the residents. Recipients of these funds shall be required to provide ongoing monitoring of funded developments to ensure compliance with the 88 -- 15 -- Ch. 26 requirements of the Joe Serna, Jr. Farmworker Housing Grant Program. Projects receiving funds through this allocation shall be ineligible for funding through the Joe Sema, Jr. Farmworker Housing Grant Program. (C) Any funds not encumbered for the purposes set forth in this paragraph within 30 months of availability shall revert for general use in the Joe Serna, Jr. Farmworker Housing Grant Program. (5) Two hundred five million dollars ($205,000,000) shall be transferred to the Self-Help Housing Fund. Notwithstanding Section 13340 of the Government Code and Section 50697.1, these funds are hereby continuously appropriated without regard to fiscal years to the department to be expended for the purposes of the CalHome Program authorized by Chapter 6 (commencing with Section 50650) of Part 2, except for the following: (A) Seventy-five million dollars ($75,000,000) shall be wansferred to the Building Equity and Growth in Neighborhoods Fund to be used for the Building Equity and Growth in Neighborhoods (BEGIN) Program pursuant to enabling legislation. (B) Five million dollars ($5,000,000) shall be used to provide grants to cities, counties, cities and counties, and nonprofit organizations to provide grants for lower income tenants with disabilities for the purpose of making exterior modifications to rental housing in order to make that housing accessible to persons with disabilities. For the purposes of this subparagraph, "exterior modifications" includes modifications that are made to entryways or to common areas of the slxucture or property. The pro_gram provided for under this subparagraph shall not be subject to the · requirements Of Chapter 3.5 (commencing with Section 11340) of Part I Of Title 2 of the Government Code. (C) Ten million dollars ($10,000,000) shall be expended for construction management under the California Self-Help Housing Program pursuant to subdivision (b) of Section 50696. (D) Any funds not encumbered for the purposes set forth in this paragral~h within 30 months of availability shall revert for general use in the CalHome Program. (E) If the enabling legislation for any program specified in this paragraph fails to be enacted into law in the 2001-02 Regular Session of the Legislature, the specified allocation for that program shall be void and the funds shall revert for general use in the CalHome Program. (6) Five million dollars ($5,000,000) shall be transferred to the Housing Rehabilitation Loan Fund to be expended for capital expenditures in support of local code enforcement and compliance programs. This allocation shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Title 2 of the Government Code. If the moneys allocated pursuant to this paragraph 88 Ch. 26 -- 16- are not expended within three years after being transferred, the department may, in its discretion, transfer the moneys to the Housing Rehabilitation Loan Fund to be expended for the Multifamily Housing Program. (7) Two hundred ninety million dollars ($290,000,000) shall be transferred to the Self-Help Housing Fund. Notwithstanding Section 50697.1, these funds are hereby continuously appropriated to the agency to be expended for the purposes of the California Homebuyer's Downpayment Assistance Program authorized by Chapter 11 (commencing with Section 51500) of Part 3, except for the following: (A) Fifty million dollars ($50,000,000) shall be transferred to the School Facilities Fee Assistance Fund as provided by subdivision (a) of Section 51453 to be used for the Homebuyer Down Payment Assistance Program of 2002 established by Section 51451.5. (B) Eighty-five million dollars ($85,000,000) shall be transferred to the California Housing Loan Insurance Fund to be used for purposes of Part 4 (commencing with Section 51600). (C) Twelve million five hundred thousand dollars ($12,500,000) shall be reserved for downpayment assistance to low-income first-time homebuyers who, as documented to the agency by a nonprofit organization certified and funded to provide homeownership counseling by a federally funded national nonprofit corporation, is purchasing a residence in a community revitalization area targeted by the nonprofit organization and who has received homeownership counseling fi.om the nonprofit organization. (D) Twenty-five million dollars ($25,000,000) shall be used for downpayment assistance pursuant to Section 51505. After 18 months of availability, if the agency determines that the funds set aside pursuant to this section will not be utilized for purposes of Section 51505, these funds shall be available for the general use of the agency for the purposes of the California Homebuyer's Downpayment Assistance Program, but may also continue to be available for the purposes of Section 51505. (E) Funds not utilized for the purposes set forth in subparagraphs (B) and (C) within 30 months shall revert for general use in the California Homebuyer's Downpayment Assistance Program. (8) One hundred million dollars ($100,000,000) shall be transferred to the Jobs Housing Improvement Account to be expended as capital grants to local governments for increasing housing pursuant to enabling legislation. If the enabling legislation fails to become law in the 2001-02 Regular Session of the Legislature, the specified allocation for this program shall be void and the funds shall revert for general use in the Multifamily Housing Program as specified in paragraph (1) of subdivision (a). 88 --17-- Ch. 26 (b) No portion of the money allocated pursuant to this section may be expended for project operating costs, except that this section does not preclude expenditures for operating costs from reserves required to be maintained by or on behalf of the project sponsor. (c) The Legislature may, from time to time, amend the provisions of law related to programs to which funds are, or have been, allocated pursuant to this section for the purpose of improving the efficiency and effectiveness of the program, or for the purpose of furthering the goals of the program. (d) The Bureau of State Audits shall conduct periodic audits to ensure that bond proceeds are awarded in a timely fashion and in a manner consistent with the requirements of this part, and that awardees of bond proceeds are using funds in compliance with applicable provisions of this pan. SEC. 9. Sections 1.5 to 8, inclusive, of this act shall become operative upon the adoption by the voters of the Housing and Emergency Shelter Trust Fund Act of 2002, as set forth in Section 8 of this act. SEC. 10. (a) Section 8 of this act shall be submitted to the voters at the November 5, 2002, statewide general election in accordance with provisions of the Government Code and the Elections Code governing the submission of statewide measures to the voters. (b) Notwithstanding any other provision of law, all ballots of the election shall have printed thereon and in a square thereof, exclusively, the words: "Housing and Emergency Shelter Trust Fund Act of 2002" and in the same square under those words, the following in 8-point type: "This act pro,des for the Hou_sing and Emergency Shelter Trust Fund Act of 2002. For the purpose of providing shelters for battered women, clean and safe housing for low-income senior citizens, emergency shelters for homeless families with children, housing with social services for the homeless and mentally ill, repairs and accessibility improvements to aparlments for families and handicapped citizens, homeownership assistance for military veterans, and security improvements and repairs to existing emergency shelters, shall the state create a housing trust fund by issuing bonds totaling two billion one .hundred million dollars ($2, 100,000,000), paid from existing state funds at an average annual cost of ~ dollars ($ ) per year over the -year life of the bonds, with the requirement that every city and county is eligible to receive funds as specified in the measure and with all expenditures subject to an independent audit? (The Attorney General shall fill in the blanks in this subdivision with the figures provided by the Legislative Analyst for the annual average cost of the bonds and the number of years required to retire the bonds.)" Opposite the square, there shall be left spaces in which the voters may place a cross in the 88 Ch. 26 ~ 18 ~ manner required by law to indicate whether they vote for or against the act. (c) Notwithstanding Sections 13247 and 13281 of the Elections Code, the language in subdivision (b) shall be the only language included in the ballot label for the condensed statement of the ballot rifle, and the Attorney General shall not supplement, subtract from, or revise that language, except that the Attorney General may include the financial impact summary prepared pursuant to Section 9087 of the Elections Code and Section 88003 of the Government Code. The ballot label is the condensed statement of the ballot title and the financial impact summary. (d) Where the voting .in the election is done by means of voting machines used pursuant to law in the manner that carries out the intent of this section, the use of the voting machines and the expression of the voters' choice by means thereof are in compliance with this section. SEC. 11. It is the intent of the Legislature that, to the extent funds authorized by this act are available to local governmental entities, federally recognized California Indian tribes shall also be eligible to apply for those funds, be considered on the merits of the application, and receive and expend those funds. SEC. 12. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to provide for the submission of Section 8 of this act to the voters at the November 5, 2002, statewide general election, it is necessary that this act take effect mediately. O 88 BAKERSFIELD MEMORANDUM JULY 2, 2002 TO: ALAN TANDY, CITY MANAGER FROM: TRUOY SLATER, ADMINISTRATIVE ANALYST III ~ STAFF TO LEGISLATIVE AND LITIGATION COMMITTEE SUBJECT: CITY OF BAKERSFIELD FL/~GS ON CITY FACILITIES At the City Council meeting of June 13, 2002, Council Member Mark Salvaggio requested the Legislative and Litigation Committee prepare a list of City buildings and facilities and determine the economic feasibility of placing Bakersfield City flags on each site. A list of City facilities is attached. 'Placing City flags on each City facility site would entail 1) the cost of the flags and their replacements as they become worn, 2) the cost of-any new flagpoles which would need to be purchased, installed and maintained, and 3) staff responsibility for properly flying the flags (i.e., daily raising and lowering). Other considerations could include: some buildings receive little public traffic (such as wastewater treatment plants); others are often grouped together so that a single flagpole/flag may suffice for the group, and still others may not be well constructed/designedfor the pTacement of a flag or flag pole. City buildings often utilize eitl~er outdoor free,standing flag poles or those attached in some way to City facilities. Flag poles also differ in size (generally 20-28 feet) and placement. The available spacing surrounding a flag pole should be con_sidered as well as whether it would block a sidewalk, doorway, or window. Determining how many flags are to be flown on the flag pole will also help in determining the flag pole's specifications. Proper flag pole etiquette also needs to be followed (i.e., U. S. flag flies highest). A review of city buildings indicates that buildings grouped together often share one flag pole. For instance, City Hall and the Annex share a flag pole, upon which the national, state, city and missing-in-action flags currently fly. The Corporation Yard has several buildings but only utilizes two flag poles, one which currently includes a City flag. The Centennial Garden/Convention Center complex, has several flag poles. The flag pole of the Administrative Office four WasteWater Treatment Plants #2 and #3 serves as the flag pole for the office and the two separately located treatment plants. Bakersfield Fire Stations, excluding Fire Station #1 .which currently flies the national, state and City flag, have flag poles which reportedly have room for only one flag and thus only fly the nation's flag upon them. The Police Department has a flag pole for its group of buildings, and City facilities at Martin Luther King, Jr. Park and Silver Creek Park also have flag poles. The Bakersfield Amtrak Station has a flag pole but does not fly a City flag upon it. The current location of ED/CD does not have a flag pole, nor does the Development Services building. City flags have flown over City buildings in various places over the years. City flags were flown at numerous locations throughout the city during the-year Bakersfield received the Ali-America City designation. Alan Tandy, City Manager City of Bakersfield Flags On City Facilities Page 2 July 2, 2002 The last order for City flags was recently received by the Purchasing Division. The City received 25 flags, of which 22 remain available. The cost per flag was $139.22. The flags are typically used to replace existing City flags which have become damaged or worn or provided for ceremonial purposes (such as the League of California Cities annual conference parade). They can also be purchased by residents at the cost the City pays for them. The flags are purchased by Public Works, physically located in the City Manager's Office, and can be sold to individuals for non-city government activities via the City Treasurer's Office. In general, it is estimated that fla{;ls may need to be replaced as often as quarterly. The length of time a flag will last upon a flag pole depends on a number of variables, including weather conditions and exposure, abrasion factors, and the materials from which the flag is made. At the current cost of approximately $140 per flag,, with replacement four times a year, it would cost approximately $560 to fly a City flag at a given location for one year. Flags are generally, although not always, placed upon free-standing flag. poles. It is estimated a new free- standing 28-foot flag pole would cost the City $1,300 plus an additional $600 in installation Costs. Thus, a new flag pole would cost the City approximately $1,900. City Buildings or Groups of Buildings with Flag Poles: City' Hall/City Hall Annex 1 flagpole flying national, state, city, and MIA flags Corporation Yard 2 flagpoles flying national, state and city flags Police Buildings I flagpole flying national and state flags Centennial Garden 3 flagpoles flying national, state and city flags Fire Stations (#2-13) 12 flagpoles flying national flag Fire Station #1 2 flagpoles flying national, state and city flags MLK and Silvercr,eek Parks 1 flagpole each flying national flags Bakersfield Amtrak Station 1 flagpole flying national flag WWTP Administrative Office 1 flagpole flying national flag Considerations which committee members may want to discuss could include where the City Council may wish to fly City flags, how often they might need to be replaced, whether a central funding source for City flags should be used rather than through departmental budgets, and whether a Council policy should be established relating to the flying of City flags. (P:%&L~I0207022-CITY FLAGS) CITY OF BAKERSFIELD KNOWN AS ADDRESS CURRENT BUILDING SITE DATE CONSTRUCTION PARKING USE ,. SIZE SIZE BUILT I RENOVATED TYPE SPACES (SQ. FT. ) (SQ. ET) City Hall Main.Building 11501 TruxtunAve. City Hall 42,120 1.61,172 1953/ renovated83,85,86 Class B 207 City Hall Annex Building 1501. Truxtun Ave. City Hall 29,850 ,, 19~0 Class B - Development Services 1715 Chester Ave. Development Services 29,620 30,492 1948 t renovated 79, 93 Class B 96 Economic & Community Develol: 515 Truxtun Ave. ED-CD ~ 7,105 33,480 1940 / renovated 1986 Class D 19 Police Department Complex 1601 Trbxtun Ave. Police, Main Bulding 66,895 147,525 1975 Class B · 161 Police Department Complex 1601 Truxtun Ave. Police, Addition 9,685 - 1996 Class B ,0 Police Department Complex 1601 Truxtun Ave. Police, Shop 3,500 - 1975 Class C . Police Department Complex 1601 Truxtun Ave. Police, Property Storable 2,390 ,, 1990 Class B ,, Fleet Service Facility 1601 Truxtun Ave. Fleet Service 7,240 22,978 2001 Class B pOlice Radio Tower 4200 Panorama Dr. Police Radio 500 part of 1977 Police Radio Tower 4200 Panorama Dr. Police Radio 800 old landfill 1985 Police Pistol Range 3419 Truxtun Ave. Police Trainin9 1,700 326,700 1940 Class C 10 Communications Center Ptn. Fleet Service Facility City Communications Center 2,740 " Water Resources 1001 Buena Vista Rd. Water Resources Administration 7,979 220,414 1990 Class B 41 Corporation Yard 4101 Truxtun Ave. Corporation yard 65,014 1,060,686 197~ Class B Corporation Yard, Bldg. A 4101 Truxtun Ave. Office space 8,170 " 1978 Class 13 Corporation Yard, Bldg. B 4101 Truxtun Ave. Office space 3,006 " 1978 Class B Corporation Yard, Bldg. C 4101 Truxtun Ave. Office and Shop Space 20,000 " 1978 / renovated 1'986 Class B Corporation Yard, Bldg. D 4101 Truxtun Ave. Equipment Shop 37,000 " 1978 Class B Corporation Yard, Storage Bldg 4101 Truxtun Ave. General Storable 4',800 " 19'80 Class B Centennial Garden Arena 1001 Truxtun Ave. Entertainment 146,320 1998 Auditorium 1001 Truxtun Ave. Entertainment 126,448 " 1961 Convention center 1001 Truxtun Ave. Business 12,000 " 1961 Treatment Plant # 2 1700 E. Planz Sewage Plant 15,022 19'51 /renovated 1980 Class B Treatment Plant # 3 8101 Ashe Rd. Sewa~le Plant 14,712 1972 / renov:ated 1986 Class B Martin Luther King Park Bldg. 1000 Owens Rd. Multi-Purpose Recreation 22,6(~0 wi'thin pa~k 1995 Class B Silver Creek Park Rec. Bldg. Reliance Dr. / Harris Rd. Multi-Purpose Recreation within park Class C Convention / Visitors Center 1325" P" St. Office 2,280 12,630 1985 Class C 25 Convention / Visitors Center 1325 - p. St. warehouse 10,350 ,, 1985 Class S ,, Fire Station # 1 2101 "H "St. Fire Station 28,320, 34,848 1939 / renovated 1983 Class C 50 Fire Station # 1, Storage Bldg. 2101 ,, H ,, St. storage 800 ,, 193.9 Class C - Fire Station # 1, Prevention 2101 - H - St. Fire Prevention Cla~ssroom 6,000 - 1939 / renovated 1985 Class C - Fire Station # 2 716 E. 21st St. Fire Station 9,450 26,250 1939 Class C 10 Fire Station # 2, Shop 716 E 21st. St. Fire Station, shop 1,600 " 1939 Class C 10 Fire Station # 3 3400 Palm St. Fire Station 3,712 1983 Class C 10 Fire Station # 4 ,130 Bernard St. Fire Station 5,012 11,060 1984 Class C 10 Fire Station # 5 700 W. Planz Rd. Fire Station 3,725 18,562 :1954 Class C 10 Fire Station # 6 127 Brundage Lane Fire Station 51012 30,000 1984 Class D 10 Fire Station # 7 4030 Sorano Drive Fire Station 6,280' 43,560 1966, Class C 10 :ire Station # 8 2213 University Ave. !Fire Station 3,628 13,000 1956 Class C 7 Fire Station # 9 7912 Westwold Drive Fire Station 3,250 within park 1979 Class D 10 Fire Station # 10 12100 Alfred Harrell Hwy. Fire Station 5,955 57,064 1986 Class B 14 IFire station # 11 7000 Stockdale Hwy. :ire Station 3,620 20,908 1960 Class B 12 <. tFire Station # 13 6915 Stine Rd. Fire Station 7,521 8 ~ Bakersfield Business Port 2000 S. Union Ave. Airpark, Bldg. "A", Handier 1'5,000 1,7"64,180 Class A , Bakersfield Business Port 2000 s. Union Ave. Airpark, BId~l. "B", Office/Rst 7,068 " Class B " Bakersfield Business Port 2000 S. Union Ave. Airpark, Bldg. "C", Flying Ser 432 ,, Class A ~' Bakersfield Business Port 2000 S. Union Ave. Airpark, Bldg. "D". Flying Set 6,480 " Class A Bakersfield Business Port 2000 S. Union Ave. Airpark, BId~]. "E", Hanger 2,400 " Class A Bakersfield Business Port 410 E. Planz Rd. Airpark, Office Space 1,800 " Class A Bakersfield Business Port 410 E. Planz Rd. Airpark, Hanger 13,300. " Class A Bakersfield Amtrac Station 1612 S Street Train Station 8,334 363,290 2000 TypeV-NR 231 totals 699~275 4~545~119 961 · NOTE: nc4 ~ I~g spaces were st~oed, esamalecl et 8 feet Wide · NOTE: building class~calioas from vmious sources ADMINISTRATIVE REPORT IME TI G DATE: July 31,2002 AGENDA SECTION: Consent Calendar ,, , ri'EM:, 8.e, TO: Honorable Mayor and City Council J~EEB.Q.~E..~ FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD_~~___. DATE: July 18, 2002 CITY AT'FORNEY ~ CITY MANAGER.~/~'~ SUBJECT: Taxi Ddver's Permit Appeal Process RECOMMENDATION: Staff recommends referral to theLegislative and Litigation Committee. BACKGROUND: The current section 5.50.300 of the Bakersfield Municipal Code provides for a revocation or suspension of a taxi driver's permit under certain specified circumstances, together with an appeal process to the City Council in the event such a suspension or revocation Is ordered by the Chief of Police. In an effort to streamline the meetings of the City Council, combined with a perceived, need to amend the Code to provide more direction to the Chief of Police, a draft ordinance has been prepared. Staff-recommends Council refer this issue to the Legislative and Litigation Committee for review. JU31CA2.CC July 18, 2002, 10:07am ORDINANCE NO. AN 'ORDINANCE AMENDING SECTION 5.50.300 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO TAXI DRIVER PERMITS B'I: IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 5.50.300 of the Baker-~field Municipal Code is h'er'eby ~mended to read as follows: 5.50.300. Driver's permit - Revocatior~ or suspension - Appeal- He_aring. A. 1. The' chief of police may summarily revoke or suspend anY driver's permit issued'under the provisions of this chapter; provided that the chief has knowledge that the holder thereof, either before or after issuance of the driver's permit, made misrepresentations on the application,has beenc0nvicted'of violating any of the provisions of this chapter, or the applicant has been convicted of a crime substantially rel~tted to the qualifications, functions or duties of the business for which the application is made, including, but not limited to, a violation of the Controlled Substance Act, or of assault, battery, pandering, prostitution, pimping, theft, driving vehicle while .under the influence of intoxicants or narcotics, reckless driving, or a violation of any law involving moral turpitude. 2. It is unlawful for any person to drive, operate orbe in charge of any vehicle governed or affected by this chapter during the time that the driver's permit has been suspended or after the same has been revoked. B. Any driver who may be aggrieved by the action of the chief of police in suspending or revoking the driver's permit or temporary driver's permit, or any applicant who may be aggrieved by the permit denial by the chief of police, may within ten days from such denial, suspension or revocation, make written objection to the City Manager stating the grounds for grievance, whereupon the City Manager shall fix a date for-hearing such objections, giving written notice thereof to such applicant, and upon such hearing may sustain, suspend or overrule the decision of the chief of police, which decision of the City Manager shall be final and conclusive. Such order of suspension or revocation by the chief of police shall remain in full force and effect unless and until acted upon and reversed or modified by the City Manager. Page I of 2 SECTION 2. 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. .......... 000 .......... 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: COUNClLMEM'BER CARSON, BENHAM, MAGGARD, COU~H, HANSON, SULLIVAN, SALVAGGIO NOES: COUNClLMEMBER ABSTAIN: COUNClLMEMBER ABSENT: COUNCILMEMBER CITY CLERK and EX OFFICIO of the Couhcil of the City of Bakersfield APPROVED: By: HARVEY L, HALL Mayor APPROVED AS'FO FORM: BART J. THILTGEN City Attorney By: ALAN D. DANIEL Deputy City Attorney ADD:Isc S:" CO UNClL\Ords\T,txiPermits.Amend5.50.300.wp~ Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 5.50.300 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO TAXI DRIVER PERMITS BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 5.50.300 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.50.300. Driver's permit - Revocation or suspension - Appeal - Hearing. A. 1. The chief of police- may sumrflarily revoke or suspend any driver's permit issued under the provisions of this chapter; provided that he_the chief has knowledge that the holder thereof, either before or after issuance of ,bls the driver's permit, made misrepreSentations on the application, hasbeen convicted of violating any of theprovisions of this chapter, or h;`s been conv',cte¢ of ~, '-' ....... ~' ~ -'=-'-';-- -' · ' ~/I [I ~ ....^ '--'--':- De applicant bee '-~,,,,,,.,, ,-,~.,, ,,,~ o,.~,0 ,,,:,,~.~,,~. ,-a,,, the has n convicted of a crime substantially related to the qualifications, functions or duties of the business for which the application is made, including, but not limited to, a violation of the Controlled Substance Act, or of assault, battery, pandering, prostitution, pimping, theft, driving vehicle while under the influence of intoxicants or narcotics, reckless driving, or ;.ny ct,her ,-,,'~,u~ ,.,, au, ou,,,~.,u,,,y irre,.gu',;`r tu iuo,,,y rGvoc;`tior~ ~, ouo~,~,,o,u,, u, ou,..,, p8rmit or a violation of any law involving moral turpitude. 2. It is unlawful for any person to drive, operate or be in charge of any vehicle governed or affected by this chapter during the time that h',$ the driver's permit has been suspended or after the same has been revoked. B. Any driver who may be aggrieved by the action of the chief of police in suspending or revoking h:,$ the driver's permit or temporary driver's permit, or any applicant who may be aggrieved by the permit denial by the chief of police of his app',:,c;`t:,on, may within ten days from such denial, suspension or revocation, makewritten objection to the ¢.k~,'-.cotnw¢~ Cib/Manager sett:,ng up stating the grounds for grievance, whereupon the counc:,i City Manager shall fix a date for hearing such objections, giving written notice thereof to such applicant, and upon such hearing may sustain, suspend or overrule the decision of the chief of po!ice, which suc,h decision of the City Manager shall be final and conclusive. Such order of suspension or revocation by the chief of police, shall remain in full force and effect unless and until acted upon and reversed or modified by the,.,,y*: ......... ,~,.,,.,,,,.,,:' City Manager. Page 1 of-2 SECTION 2. ,,: ..... 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. .......... 000 .......... I HEREBY CERTIF:Y 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 ~f011owing vote: ' AYES: COUNCILMEMBER CARSON, B~NHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO NOES: COUNClLMEMBER ABSTAIN: COUNCILMEMBER · ABSENT: COUNCILMEMBER CITY CLERK ~.hd EX OFFICIO of the Council of the City of Bakersfield ~"'. APPROVED: By: HARVEY L, HALL Mayor APPROVED AS TO FORM: BART J. 'THILTGEN City Attorney By: ALAN D. DANIEL Deputy City Attorney ADD:Isc S:~,COLJ NCIL".OrCs T~xi Permits. Am end5.50.300Rclln.wpd Page 2 of 2 League of California 'Cities' Proposed Resolutions Annual Conference, October 2-5, 2002 RESOLUTION NUMBER/ Prelim Poi Dept Leg & Lit Council Comments DESCRIPTION: Approve (A); Corn Head Position Position .. Disapprove (D); No Action (N); Position/s Position (from mtg. (from CC Amend (a); Amend and take No Action of 9-23-02) mtg,. of (Na); Approve as Amended (Aa) 10~2-02) 1. Revising Bylaws for the League of A A California Cities Regarding Composition of the League Board of Directors. 2. Revising Bylaws of League of A A California Cities Regarding Membership Representative on Policy Committees 3. Development of a Second, Unique N N Zip Code Within the City Limits of Diamond Bar 4. Term Limits D D 5. Citizen Corps A A COncern with apparent lack of provision for covering workers compensation costs in the event a volunteer is injured 6. Preparation of Local Coastal Plans Poi Corn N Decision. ' on 10-2- 02 7. Proposal to Add Approximately Aa Aa 700,000 Acres of New Wilderness in Inyo and Mono Counties 8. Mexico's Extradition Policy A A 9. Undergrounding of Overhead Utility Aa D Appears to intrude into labor -related Lines preferences; restricts flexibility of both the utility and the City 10. Speed Limits on Urban Arterial A A Roadways (P:%&Li~LeagueResolutions\EXHB-A-02) VI. ANNUAL CONI~]~RENCI~ RF.,SOLUTIONS Resolutions Referred To Administrative Services Policy Committee 1. RESOLUTION RELATING TO REVISING BYLAWS OF LEAGUE OF CALIFORNIA cITIES REGARDING COMPOSITION OF THE LEAGUE BOARD OF DIRECTORS Source: Board of Directors Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve. Final Recommendation to Gener~al Resolutions Committee: (Note: Adoption of amendments or revisions of the League bylaws, requires a two. thirds vote of the General Assembly at the Annual Conference.) WHEREAS,~ the League seeks to constitute its t)oard of directors to provide effective poli.ti..cal and operational leadership for the collective efferts of California's 477 cities and to be representativ, e of the full membership of the League; and WHEREAS, increasing the'to[al humber of. directors serving on the board will offer the opportunity for additional city officials a. ctive in the League to participate on the board and will provide the board the opportunity to.achieve broader representation from cities of various sizes and variouS'~gebgraphic regions, as well as individuals of both gen~ders, various ethnic groups and different age groups;' and WHEREAS, the League's political effectiveness is enhanced and the representation of a significant portion of California's cit~y residents is ensured by the active participation on the League board by the mayors from California's largest cities, and the board traditionally secures their membership on the board by electing the mayors of large cities to most of the ten at-large seats, thus limiting the remaining at-large seats; and WHEREAS, at-large directors will perform their representation and leadership duties more effectively if their terms on the board are increased from one year to two years; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in -Long Beach, October 4, 2002, that the League (1) provide for ten at-large seats on the board, and (2) provide for designated board seats for representatives from the eight largest cities, and (3) increase the term of at-large directors from one year to two years by amending~ sections 2, 3 and 6 of Article VII of the League bylaws as follows: Section 2: Composition. The League's Board is composed of the following: Bylaw language additions are indicated by underlining; deletions are indicated by s=';.k: cu'.'... t (a) A President, First Vice-President and Second Vice-President/Treasurer of the League, who each serve a term of one year and are elected pursuant to Article VII, section 5; and (b) The Immediate Past President of the League who serves for a term of one year, immediately succeeding his or her term as President; (c) Ten Directors-at-Large, (1) Who serve for a .two-year terms cf cnc ¥c3r, (2) Who are elected by the League Board at its organization meeting, and (3) At least one of whom is a representative of a sm=!! city with a population of 10,000-or-less. (d) One Director to be elected from each of the regional divisions and functional departments Of the League, each'of whom. serves for a term of two years; (e) Ei_aht Directors to be desiqnated by each of the eiqht lar.qest cities in California; and ' (f) (e-) Members of the National League of Cities Board-of Directors who hold an office in a Member City. (_al For purposes of this section, city populations will be the population fiqures used by the State Controller in makinq the most recent allocation of subventions to cities. Directors hold office until their successors are elected and qualified or, if they sit on the League Board by virtue of their membership on the National League of Cities Board of Directors,'until their terms on the National League of Cities Board of Directors conclude. Section 3: Staggered Terms. The terms of the Directors are staggered, so that the terms of approximately one-half of the members of the League Board expire each year. (a) Even-Numbered Year Terms. The followin.q directorship terms expire in even- numbered years: (il Departments. el-the Directors from the def~ Fiscal Officers, Public Works Officers, Mayors and Council Members, Planning and Community Development, Fire Chiefs, and City Clerks departments; (ii~ Divisions. Directors from...,..""'~ the ~'-",v,,....,,,~; ..... ,..~,...,,-,;"'""~ ..,.,.....,,...'~"~"; .... Central Valley, Imperial County, Monterey Bay, North Bay, Orange County, Redwood Empire, Sacramento Valley and San Diego County divisions; and (iii) At Larqe. Directors from five of the ten at-larqe directorships. (b) Odd-Numbered Year Terms. The followinq directorship terms expire in odd- numbered years: · -. (i) Deoartments. eft. he Directors from ~'the ~,ef~tmec~ts-~ City Attorneys, City Managers. Police Chiefs, Recreation, Parks and Community Services, ..and Personnel and Employee Relations departments; (ii) Divisions. Directors from :Md the ;"" .... ; .....;'--"-J '~;,,;~;'-',~';' ........... = ,..= ................. Channel Counties, Inland Empire, Desert-Mountain, East Bay, Los Angeles County, Peninsula, Riverside County and South San Joaquin Valley divisions; and ~ (iii) At Larqe. Directors from five 'of the ten at-larqe directorships. Section 6: Vacancies. (a) Functional Departmental Directorships. In the event of a vacancy in a functional departmental directorship, the president of the department'may become a member of the. League Board or may appoint a member of his or her department to fill the vacancy~ Thc (b) Regional Division Directorships. If a vacancy occurs in the regional division directorship, the reg~nal drvision in question may elect a new Director at the next regular meeting of the regional division. -r~,c ,,,,~ .... ~,.,.,,,~ ,,, ~,, .... ~, ........ ;,, ~ ,,,.,=,.,,,.,~ (c) At-Lame Directorships. If a vacancy occurs in ~ at-larqe direct.o_rship, the League Board m~y elect a new Director to fill the vacancy at th~ next reqular board meetinq. Thc Leaque president may nominate individuals for consideration by the League board. (d) Terms. The person elected to fill a vacancy holds office for the remainder of the. term of the office in question (see Article VII, section 3). BE IT FURTHER ·RESOLVED, that this bylaws amendment shall take effect immediately upon approval by the League's General Assembly; and be it further RESOLVED, that the League Board shall (1) fill the vacancies in newly-created at-large directorships at its next scheduled board meeting, and (2) designate which at-large directors shall have one-year terms and which shall have two,year terms to achieve the staggered terms described in Article VII, section 3 of the League's bylaws; and be it further RESOLVED, that the League-President shall nominate individuals to fill the newly- created directorships and make recommendations to the League Board on achieving staggered terms. ; 2. RESOLUTION RELATING TO REVISING BYLAWS OF LEAGUE OF CALIFORNIA CITIES REGARDING MEMBERSHIP REPRESENTATIVE ON POLICY COMMITTEES ,,Source: Board of Directors Referred to: Administrative Services Policy Committee ; Preliminary Recommendation to General Resolutions Committcc: Approve. .Final Recommendation to General Resolutions Commit~cc: (Note: Adoption of amendments or revisions of the League bylaws requires a two-thirds vote of the General Assembly at the Annual Conference.) WHEREAS, League policy committees serve an important advisory role in the League's policy development process; and WHEREAS, the League achieves participation on committees that is representative of the League's full membership in part through the appointment of two representatives per committee by each of the League's sixteen regional divisions and one representatives per committee by each of the League's eleven functional departments; and WHEREAS, the League president may appoint members to each policy committee to improve population,_geographic and demographic representation of our increasingly diverse membership and to secure additional expertise; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 4, 2002, that the League amend its bylaws to allow the League' president to a.,ppoint up to sixteen members to serve on each of the League policy .COmmittees by amending' Article VII, section 10 as follows: (c) standing Policy Committees? (i) Charge. The League shall have a series of standing policy committees~, whose charge shall be to make recommendations to the League Board on matters within the committees' jurisdiction, as well as fulfill other duties specified in these bylaws (see, for example, Article VI, section 4(b)). (ii) Membership. Each League policy committee shall be comprised of the following: · Two members appointed by each regional division president; · One member appointed by each functional department president; · No more than -14 1.~6 members appointed by the League president, to provide additieRal.population and ,qeo,qraphic balance, as well as expertise, cc '::c~! =".. pcpu!ct!cn =nd ....... ~;~. ~.-,i..,,,,..,,. and Bylaws language additions are indicated with underlining. The League's present standing policy committees are: I) Administrative Services, 2) Employee Relations, 3) Environmental Quality, 4) Community Services, 5) Housing, Community and Economic Development, 6) Public Safety, 7) Revenue and Taxation, and 8) Transportation, Communication and Public Works. -4 ;. · Such representatives of affiliate organizations in the capacity authorized by the League Board. (iii) Feedback. Policy committees shall receive information on actions taken on committee recommendations and the reasons for those actions. BE IT FURTHER RESOLVED, that this bylaws amendment shall take effect immediately upon approval by the League's General Assembly. 3. RESOLUTION RELATING TO THE DEVELOPMENT OF A SECOND, UNIQUE ZIP CODE WITHIN THE CITY LIMITS OF DIAMOND BAR Spurce: City of Diamond Bar .P~ferred to: Admini _.st. rat'ive Services Pelicy Committee Preliminary Recommeqdation to Gener{~l Resolutions Committee: No Action. Final Re. commendation ~ General ReSolUtions Committee: ..~. WHEREAS, many communities in Southern California enjoy zip codes that are unique to their respective communities; and WHEREAS, unique zip codes helF to develop a city'S identity; and WHEREAS, sales taxes,.-franchise fees, federal funding and other city revenue sources are tracked, through zip codes; and WHEREAS, cities who share zip codes may lose a portion of their revenue stream to. other jurisdictions which the post office recognizes as the primary geographic area for that particular zip code; and WHEREAS, several cities in Southern California also contain shared zip codes and may not be aware of the negative impact such an arrangement may have on their community; and WHEREAS, the City of Diamond Bar has identified itself as one such city and is desirous to develop a new, unique zip code for the section of city contained in the "91789" zip code; now, therefore be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 5, 2002, that the League support the request of the City of Diamond Bar to develop a zip code that properly reflects the uniqueness and separateness of the south section of the City from other communities; and further, be it RESOLVED, that the League request that the United States Postal Service develop and institute a unique, separate zip code for those residents who reside in the "91789" zip code; and be it further RESOLVED, that the League support the efforts of Diamond Bar and other cities which seek to institute zip codes that are unique and separate from other jurisdictions; and be it further · . RESOLVED, that the League request that the United States Post Office develop a plan : to address the concerns of other communities that may also have shared zip codes. 4, RESOLUTION RELATING TO TERM LIMITS Source: Henry Manayan, Mayor, Milpitas; Suzanne Jackson, Council Member, Monte Sereno; Dennis Kennedy, Mayor, Morgan Hill; and Tom Springer, Mayor, Gilroy Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Disapprove. Final Recommendation to General Resolutions Committee: WHEREAS, the voters of this state desire to regulate the length and number of terms of the members of the California State Legislature so as to not create career politicians, and WREREAS, the existing limitations imposed on the number and length of tei'ms for the members of the Legislature are having an unforeseen effect on the establishment and retention of a legislative membership experienced and knowledgeable i'n seeking solutions to our State's problems, and WHEREAS, it has b~come difficult for city elected officials to advocate effectively on issues of importance to Ibcal government because of the constantly shifting political landscape and the pre-occupation of legislators with their re-election; and WHEREAS, as legislators perform their duties they acquire skills and experience that make California competitive in this global economy and that enhance the quality of life in this: State, and WHEREAS, when Assembly members run for office every other year, it has become very obvious that they work for one year, then are distracted by running for re-election the next. The people of California deserve better, and WHEREAS, when major industries and employers seek the help of seasoned legislators, they frequently encounter new faces or distracted legislators facing re-election. This causes businesses and organized groups to engage in continual education efforts, and WHEREAS, expanding the experience levels of members of the State .Legislature will provide more knowledge and a better understanding of the true needs of the people of this State and allow additional time for finding proper solutions to our state's' problems; now, therefore, be it RESOLVED, by the General Assembly of .the League of California Cities assembled in Annual Conference in Long Beach, October 5, 2002, that the League of California Cities submit to the Legislature and to the voters of California, an Amendment to Article 4 of the State Constitution that will increase the length of the term for a member of the State Assembly to four (4) years, with one-half (1/2) of all members to be elected every even-numbered year and with no member to serve more than two (2) full terms; and that will increase the length of the term for a member of the State Senate to six (6) years, with one-third (1/3) of all members to be elected every even-numbered year and with no member to serve more than two (2) full terms. Resolution Referred to Community Services Policy Committee · 5. RESOLUTION RELATING TO CITIZEN CORPS ,. Source: Los Angeles County Division Referred to: Community Services and Public Safety Policy Committees Preliminary Recommendation to General Resolutions Committees: · Community Services Policy Committee: Approve. · Public Safety Policy Committee: Approve. Final Recommendation to General Resolutions Committe~,: WHEREAS, the tragic events on September 11, 2001 have renewed citizen.interest in vblunteerism and prompted President Bush to call upon every American to comtnit at least two years of their lives to the service of-others; and WHEREAS, Citizen Corps is the component of the _USA Freedom Corps that c~eates opportuni.ties for iqdividuals to volunteer to help prepare for and respond to_emergencies by "' b~ng~g together local leaders, citizen volunteers and the network of first responder ~janizations; and WHEREAS, President Bush has requested more than $230 million from Congress in fiscal year. 2003 to support and expand Citizen Corps initiatives, including.funds.to support the five Corps programs and' provide nationwk;le training and grants to commun, ities; and WHEREAS, municipal governments in the State of California are responsible for the preservation of public safety and city officials are respected community members with the abilitY" to encourage citizen participation tn public safety programs to enhance community security; and WHEREAS, many municipal governments currently utilize volunteers in a number of capacities, including participation in programs similar to the following five 'national Citizen Corps programs: Neighborhood Watch, Community Emergency Response Teams, Volunteers in Police Service, Medical Reserve Corps, and the Terrorism Information and Prevention System; and WHEREAS, the development of a Citizen Corps Council in each community to develop a systematic, efficient, and effective method for providing public education stimulating wide-spread participation, and organizing volunteer programs to increase community safety will provide a link between local programs and the national effort; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 5, 2002, that the League supports the initiation and expansion of local volunteer programs as an efficient means of maximizing public safety and encourages: 1 ) Cities to inventory existing volunteer public safety programs and solicit support from program members for participation in the Citizen Corps; 2) City officials to establish/participate in Citizen Corps Councils along with other community leaders such as neighborhood advisory commissioners, emergency management and first responder personnel, community service and faith-based groups, and business representatives; 7 3) City cfficials to request that their federal representative's support direct funding opportunities for Citizen Corps programs; 4) Cities to' apply directly for grant funding if federal funds are made availa~)le for fiscal year 2003. Resolutions Referred to Environmental Quality Policy Committee 6. RESOLUTION RELATING PREPARATION OF LOCAL COASTAL PLANS Source: City of Malibu Referred to: Environmental Quality Policy Committee Pre~icninary Recommendation to General Resolutions Committee: Policy Committee will make final recommendation at October 2 meeting. Final Recommendation to General Resolutions Committee: WHEREAS, the League of California Cities is a rallying point for many of California's dries and stands for appropriate action and effective handling of the challenges facing California municipalities; and WHEREAS, the League of California Cities is an association of Oalifomia city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so that they may influence policy decisions that affect cities. Founded in 1898 on the pdndples of local COntrol and interagency cooperation, the League has grown from a handful of public officials to include the voluntary membership of 477 California cities. Today, California's city offidals are considered among the best-trained and best-informed local officials in the country. These cities share the belief that fundamental policy decisions that apply to the local community rests with the locally elected city councils; and WHEREAS, local control is the cornerstone of democracy. The closer the government is to the people, the more accountable it is. Cities are instruments of local self-government by their residents. The California Constitution authorizes local government to exercise police power to make and enforce all local, police, sanitary and other ordinances and regulation not in conflict with general laws; and WHEREAS, state law requires that a newly incorporated city prepare and adopt a General Plan, which is a long range planning document. In addition, a coastal city prepares its coastal policies (which are set out in the Coastal Act). The city's plans and ordinances ultimately are presented as a local coastal program (LCP) to the state's Coastal Commission, which reviews the LCP to make sure it is consistent with the Coastal Act. The Coastal Commission "certifies" the LCP when it is satisfied that it is consistent with the Coastal Act. This role is similar to.the role that the state Department of Housing and Community Development plays in certifying housing elements for consistency with state housing policy; and WHEREAS, the Coastal Act is carefully designed generally to respect local government. The Coastal Act is an alliance between local governments and the State to implement statewide coastal policy. The Act relies heavily on local government to achieve its purpose. The Coastal Act declares that "to achieve maximum responsiveness to local conditions, accountability, and public 8 accessibility, it is necessary to rely heavily on local government and local land use planning procedures and enforcement" in carrying out the state's coastal objections and policies (Public Resources Code Section 30004). Public Resources Code § 30512.2(a) reads as follows: (a) .The commission's review of a land use plan shall be limited to...'its administrative determination that the land use plan submitted by the local government does, or does not, conform with the requirements of Chapter 3 (commencing with Section 30200). In making this review, the commission is not authorized by any provision of this division to diminish or abridge the authority of a local government to adopt and establish, by ordinance, the precise content of its land use plan; and WHEREAS, last year the Legislature enacted AB988, which empowers the Coastal Commission to draft Malibu's LCP. Accordingly, state-appointed Coastal Commissioners are empowered to draft the City's (a)land use plans, (b) zoning ordinances, and (c) zoning district maps. This authorization presents a potentla!ly profound incursion into tocal prerogative and could contravene the constitutional principles of local self-determination for which the Association stands; now, therefore, be it RESOLVED, by the General AsSembly of the League of California Cities assembled in ..' Annual Conference in Long Beach, October 5, 2002, that the League re-affirms its commitment to local control and urges the members of the California Coastal Commission to remairr true to the sl~rit of the Coastal Act and protect the democratic principles of local control by deferring to the elected .officials with .respect to choices in the implementation of the State's coastal policies. 7. RESOLUTION RELATING TO THE PROPOSAL TO ADD APPROXIMATELY 700,000 ACRES OF NEW WILDERNESS IN INYO AND MONO COUNTIES Source: Desert Mountain-Division Referred to: Environmental Quality Policy Committee Preliminary Recommendation to General Resolutions Committee: Policy Committee will make final recommendation at October 2 meeting. Final Recommendation to General Resolutions Committee: WHEREAS, the Wilderness Society is in the process of determining the boundaries of a proposed wilderness designation on approximately 700,000 acres of public lands in Inyo and Mono Counties presently managed by the federal agencies under the multiple use concept; and WHEREAS, there has been no public comment period to determine the economic impact that this new wilderness designation would have on our communities; and WHEREAS, the long-standing existing uses in this wilderness proposal such as sightseeing, camping, hunting, fishing, wood gathering, rock hounding, mountain biking, ATV recreation on existing roads, grazing, snowmobiling and the extraction of natural resources will be eliminated or severely restricted, potentially resulting in a significant adverse economic impact; and WHEREAS, a portion of the area contemplated for wilderness designation in Inyo County is currently used extensively for military overflight, an activity that would be curtailed should the wilderness designation be approved, which in turn could have local economic impacts and affect national security; and WHEREAS, there is no mention of "cherry stemming" existing roads in .a proposed wilderness that would continue motorized access which is in conflict with the in[ent of the 1964 Wilderness Act; and WHEREAS, factors such as the aging population, limited free time, increase in demand for motorized recreation, and the desire to "get away from it all" makes it clear that semi-primitive motorized recreational experiences offering solitude and scenic pleasure should not be reduced in Inyo and Mono Counties; and WHEREAS, the governing federal agencies have in place numerous laws, rules, regulatibns and a Resource Manag~ement Plan that will continue to provide more than adequate management protection .for these proposed wilderness areas; and WHEREAS, a wilderness .deSignation would restrict the ability of firefighters to adequately perform firefighting duties;' now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in ' Annual Conference in Long. Beach, October 5, 2002, that the League support the City of Bishop in opposing the designation of additional wilderness in Inyo and Mono Counties t. otaling ~pproximately 700,000 acres. Re~oluti,ons Referred to public Safety Policy Committee e5. RESOLUTION RELATING TO CITIZEN CORPS Resolution #5 referred also to Community Services Policy Committee. For recommendation, see Community Services section. 8.. RESOLUTION RELATING TO MEXICO'S EXTRADITION POLICY Source: City of Rosemead and City of South El Monte Referred to: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve. Final Recommendation to General Resolutions Committee: WHEREAS, the Preamb e to the United States Constitution lists providing for the "common defense" as one reason for forming our national government; and WHEREAS, the Constitution prohibits states and local governments from entering into treaties with foreign governments to protect their citizens and arrange extradition for criminals; and WHEREAS, the "Extradition Treaty" (1988) allows Mexico to refuse to extradite a fugitive if the United States courts charge the suspect with a capital offense, and now the Mexican Supreme Court has recently ruled that Mexico will not extradite criminals who face a life sentence in the United States; and tO WHEREAS, thiS restriction provides a safe haven for those who commit the most serious crimes, including murder and terrorist acts; and WHEREAS, any surviving conspirator who participated in the September 11t~ attack on America would enjoy the protection provided by the Mexican courts; and WHEREAS, officials estimate that more than 60 suspected killers from Los Angeles County alone are in Mexico, along with countless more individuals who are suspected of rape, child molestation, attempted murder, and other serious, violent crimes; and WHEREAS, the person responsible for the April 29, 2002, murder of Los Angeles County Sheriff Deputy David March is believed to have fled to Mexico to avoid prosecution; and WHEREAS, the existence of a.Mexic..an safe haven for these most heinous-criminals presents an enormous challenge for border states seeking to defend their citizens; and WHER.EAS, the Attorn,ey General from each of the 50 states has asked United States Attorney General John Ashcroft and United States Secretary of State Colin Powell to address this extradition issue with their counterparts in Mexico, and VV. HEREAS, 'the resolqtion of this issue is critical to defending our nation from enemies both foreign and domestic; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual C0n.ferehce in Long Beach, October 5, 2002, that the League call upon President' George W'. Bush, and Members of the United States Senate and the House of Representatives to .use all diplomatic means a.t their disposal to insist that the "Extradition Treaty" (1988) be revised to resolve the critical issue of the extradition of those suspected of committing serious and violent crimes against people in the United States. Resolutions Referred to Transportation, Communication and Public Works 9. RESOLUTION RELATING TO UNDERGROUNDING OF OVERHEAD UTILITY LINES Source: Los Angeles County Division Referred to: Transportation, Communication & Public Works Policy Committee Preliminary Recommendation to General Resolutions Committe~.: Approve as amended. Final Recommendation to General Resolutions Committe~,: WHEREAS, in 1967 the California Public Utilities Commission (CPUC) adopted a policy of encouraging undergrounding of utility lines; and WHEREAS, by .1999 only 4000 miles of distribution facilities have been placed underground while over 163,000 miles of overhead distribution lines remain; and WHEREAS, Assembly Bill 1149 required the CPUC to study the following issues: 1. Discovering and eliminating barriers to establishing continuity of the existing " underground system and ways to eliminate uneven patches of overhead facilities. 2. How to enhance public safety. 3. How to improve reliability. 4. How to provide more flexibility and control to local governments; and WHEREAS, the CPUC AB 1149 Study, Phase II, is not complete; and WHEREAS, during the AB 1149 workshops the overwhelming majority of commentators urged that the CPUC pursue ways to increase, accelerate, and maximize the cOnversion rate without raising ratepayers' contribution and explore alternate sources of financing for undergrounding; and WHEREAS, unexplored suggestions for speeding the conversion of overhead lines have been offered including: ' 1.U~ing life cycle costs when comparing the cost of undergrounding with repair and marntenance of overhead facilities. 2. Utilizing competitive bidding for the pladning and construction of Rule 20A projects. 3. L..Experimenting with alternative methods of undergrounding such as using raceways, and re-evaluating trench depth 'and separation requirements. 4. ProVide incentives for utility companies to perform conversion projects. '5.Employ economies of scale to obtain more competitive costs for undergrounding; and WHEREAS, underground projects are all accomplished with funds on hand when long- term financing, or other creative or innovative financing methods may offer more benefits; now, therefore be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long .Beach, October 5, 2002, that the League: 1.. Coordinate city efforts and actively encourage the State and California Public Utilities Commission to develop and .implement a plan for the underground conversion of overhead electrical and telephone lines within the next 25 years; and 2. Encourage the State and California Public Utilities Commission to investigate and pursue new methods of financing of the conversions including long-term financing using Rule 20A funds, bond financing and other creative financing methods that may be utilized for the purpose of undergrounding utilities. 10. RESOLUTION RELATING TO SPEED LIMITS ON URBAN ARTERIAL ROADWAYS Source: City of Thousand Oaks Referred to: Transportation, Communication & Public Works Policy Committee Preliminary Recommendation to General Resolutions Committc;; ' AppFove. Final Recommendation to General Resolutions Committee: WHEREAS, setting speed limits on urban arterial roadways must follow a process identified in Section 627 of the State of California Vehicle Code; and WHEREAS, in order to use radar for enforcement of the speed limit, the posted speed limit must be set in accordar~ce with Section 627 of the State of California Vehicle Code, which requires that the speed limits be set within 5 mph of the 85th percentile, exclusive of other facters; and WHEREAS, the tec-I=m*ological sO'periority of today's vehicles translates to motorists being comfortable wheh tr'avelin~g at higher speedS; and WHEREAS', safety of the roadway to motorists, pedes~ans and bicyclists is reduced as speeds increase; and ' WHEREAS:, noise levels along urban arterials increase as vehicle speeds irLcrease; and WHERF_AS, the safety of public workers performing landscape and road maintenance activities is lessened as vehicle speeds increase; and WHEREAS, motorists do not, on a continual basis, give consideration to the consequences or se~,eJ'ity of high speed accidents; and WHEREAS, local ele_cted officials are continually contacted by constituents regarding speeding on urban roadways; and ' WHEREAS, local elected officials have the best understanding of all factors that should be used to set speed limits on urban artedal roadways; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in the Annual Conference in Long Beach, California, October 5, 2002, that the League should support efforts of locally.elected officials in concert with interested persons to i(~entify measures which, when approved through legislation, would allow local agencies 'greater authority and jurisdiction when setting speed limits on urban arterial roadways to create and preserve a safe environment. [Note: No resolutions were assigned to the following policy committees: Employee Relations; Housing, Community and Economic Development; and Revenue and Taxation.] 00000 G:\LEGISL'rv~POLICY~ACRES~002 Res Packetdoc 13