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HomeMy WebLinkAbout10/20/2003 B A K E R S F I E L D Sue Benham, Chair David Couch Jacquie Sullivan Staff: Trudy Slater REGULAR MEETING NOTICE LEGISLATIVE AND LITIGATION COMMITTEE of the City Council - City of Bakersfield Monday, October 20, 2003 1:00 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue, Bakersfield, CA AGEND.A 1. ROLL CALL 2. ADOPT SEPTEMBER 22, 2003 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING CITY ORDINANCE RELATING TO THE APPROVAL OF SALE OR LEASE OF PROPERTY B. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING THE CITY'S BIDDING PROCESS 5. NEW BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO ENFORCEABILITY OF BAKERSFIELD MUNICIPAL CODE SECTION 9.22.140 REGARDING EXCESSIVE NOISE FROM VEHICLES 6. COMMITTEE COMMENTS 7. ADJOURNMENT DRAFT B A K E R S F I E L D Alan Tandyy', City Manager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMI'i'rEE Regular Meeting Monday, September 22, 2003 1:00 p.m. City Manager's Conference Room 1, ROLL CALL Called to order at 1:07 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David Couch Councilmember Jacquie Sullivan 2, ADOPT JULY 21, 2003 AGENDA SUMMARY REPORT Adopted as submitted. 3, PUBLIC STATEMENTS None. 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARD-lNG CITY ORDINANCE RELATING TO THE APPROVAL OF SALE OR LEASE OF PROPERTY City Attorney Bart Thiltgen briefly reiterated the staff recommendation to have consistency and conformity across ordinances. He added the City Council can enter into agreements with only a majority vote but a supermajority City Council approval is required for a Redevelopment Agency agreement. It is appropriate to, therefore, have a Council majority vote, rather than the supermajority vote (5 of those present) of Council which is now required. After a brief discussion, the Committee deferred this item to a time when City Manager Alan Tandy would be able to discuss further. DRAFT Agenda Summary Report Legislative and Litigation Committee September 22, 2003 Page 2 5. NEW BUSINESS A. REVIEW, DISCUSSION AND COMMrR'EE RECOMMENDATIONS REGARDING MISDEMEANOR PROSECUTIONS BY THE CITY A'R'ORNEY City Attorney Thiltgen explained to the Committee that he had requested statistical information from the District Attorney's Office relating to the numbers and types of misdemeanors that the County processes for the City. This was in response to District Attorney Jagels' request to the City Council for the City to take over all misdemeanor prosecutions within the City. Issues to be considered, besides the requested information, in(~lude the City not absorbing a disproportionate share of the county-wide misdemeanor prosecution reductions, whether the fines'and forfeitures of the City-prosecuted misdemeanors would come to the City, impacts upon the community, the effect this has/will have on the Bakersfield Police Department, and what attorney and support staff commitments would be required. City Attorney Thiltgen indicated that in many cases there are five times as many misdemeanors prosecuted as felonies, and a number of cities have multiple numbers of attorneys working on misdemeanors. Assistant City Manager John Stinson indicated in the early 1990's the City had "loaned" two city attorneys (at separate times) to the District Attorney's office for a period of six months to address high work load periods needed at those times. The Committee felt the need to continuing working on the issue and that it should be reviewed in depth. When .information from the County is obtained and information is available from the Police Department, the item will be placed back on the Committee agenda. 6. COMMITTEE COMMENTS None. 7. ADJOURNMENT The meeting adjourned at 1:36 p.m. Staff Attendees: Assistant City Manager John Stinson, Administrative Analyst Trudy Slater, City Attorney Bart Thiltgen, Deputy City Attorney Ginny Gennaro; Real Property Manager Don Anderson Other Attendees: None (L030922-MIN) ADMINISTRATIVE REPORT TO: Honorable Mayor and City Council FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD DATE: April 15, 2003 CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: An Ordinance Repealing Section 2.24.023 of the Bakersfield Municipal Code Relating to the Approval of Sale or Lease of Property. RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: California Health and Safety Code section 33433 requires the legislative body (City Council) to conduct a public hearing and adopt a resolution approving any sale or lease of real property which has been acquired by a redevelopment agency directly or indirectly with tax increment monies. That statute only requires a simple majority to adopt such a resolution. However, the statute does authorize a legislative body to require a 2/3 vote to adopt such a resolution, if the regislative body adopts an ordinance containing that super-majority requirement. The City Council adopted such an ordinance in 1987. It means that 2/3 of the entire Council (5 members), not 2/3 of the Council members present at the meeting must vote affirmatively before the redevelopment agency can sell or lease its property. So, in the event that three Council members are absent or have conflicts of interest, the sale or lease of property could not be approved. ^ repeal of the ordinance just reestablishes a majority vote to approve the sale or lease of redevelopment agency property. S:~COUNCIL~dminsVdasaleordantend. doc 4:15 PM 2.24.010 2792 § 1, 1982: Ord. 2586 § 1, 1980: prior code Chapter 2.24 § 1.84.020) REDEVELOPMENT AGENCY 2.24.021 Effective date. The city council of the city shall cease to be the rede- Sections: velopment agency of the city; and the offices of the mem- 2.24.010 Creation. bers of the redevelopment agency of the city appointed by 2.24.020 Membership. the council pursuant to Section 2.24.020 shall become 2.24.021 Effective date. effective on the date and at the time the council resolution 2.24.022 Continuity. referred to in Sect_ion 2.24.020 becomes effective. (Ord. 2.24.023 Approval of sale or lease of 3045 § 2, 1986: Ord. 2792 § 2 (part), 1982) property. 2.24.030 ' Ordinance copy filed. 2.42.022 Continuity. The ordinance codified in Sections 2.24.020 through 2.24.010 Creation. 2.24.022 does not in any manner change the status of the The city council finds and declares pursuant to Section redevelopment agency of the city as a public body corpo- 33101 of the Community Redevelopment Law, that there rate and politic as provided in Section 33 I00 of the Cali- is a need for a redevelopment agency to function in the fornia Health and Safety Code (Community Redevelop- city and the agency is authorized to transact business and ment Law), which agency has continued and continues to exercise its powers under the community redevelopment exist as a legal entity without change since the date it was law. (Prior code § 1.84.010) determined that there was a need for the agency to func- tion by Ordinance No. 1709, new series, dated December 2.24.020 Membership. 18, 1967. (Ord. 3045 § 3, 1986: Ord. 2792 §2 (part), A. The council of the city does hereby determine that 1982) it shall no longer function as the redevelopment agency of the city and declares that all of the rights, powers, duties, 2.24.023 Approval of sale or lease of property. privileges and immunities vested by the community rede- Before any property of the agency acquired in whole Or velopment law in the redevelopment agency of the city in part, directly or indirectly, with tax increment moneys is shall be and are vested in an agency composed of seven sold or leased for development pursuant to the redevelop- resident electors of the community to be appointed by ment plan, such sale or lease shall first be approved by a resolution by the mayor, with the approval of the council, two-thirds vote of the city council at~er public hearing and B. The initial membership of the agency shall consist pursuant to the provisions of the California Health and of two members serving a four-year term; two members Safety Code Section 33433. (ord. 3103, 1987) serving a three-year term; two members serving a two-year term; and one member serving a one-year term. Thereaf- 2.24.030 Ordinance copy filed. ter, all appointments shall be for four years. The f'~t The redevelopment agency authorized to function shall chairman of the agency shall be designated by the mayor cause a certified copy of the ordinance codified in this with the approval of the legislative body and shall serve aschapter to be filed in the office of the Secretary of State. chairman for one year. Thereafter, and whenever a va- (Prior code § 1.84.030) cancy occurs, the chairman shall be elected by members of the agency. C. Any member may be removed from the agency upon the mayor's recommendation and approval by the city council, as a result of any of the following: I. Continued absences from meeting: four consecu- tive absences or a total of eight absences per year. The city council may waive such removal for just cause; 2. Repeated disqualification as a result of economic interest in matters considered by the agency; 3. Unruly behavior, which continually disrupts meet- ings. (Ord. 4105 § 1, 2003: Ord. 3045 § 2, 1986: ord. 9.22.120 1. Any hospital; machine or device shall be equipped with a control 2. Any school, except after school hours and on switch located inside such building or premises, in such days when school is not in session and when such school a manner that all speakers located outside such building is not being used for the purpose of a public meeting; or premises can be turned off at times when the operation 3. Any church, except when the same is not being of sound equipment is prohibited by this chapter. (Ord. used for religious services or classes; 3924 § 3 (part), 1999) 4. The City Hall or Kern County courthouses, except after five p.m. on weekdays or on weekends or 9.22.130 Amplification from aircraft legal holidays; prohibited. 5. Any mortuary or cemetery, when services are in No person shall operate, or cause, allow or permit to progxess, be operated any aircraft for any purpose in or over the D. No sound truck or sound equipment shall be city from which any sound equipment is being operated operated or maintained within the central traffic district with volume sufficiently loud to be audible to a person where the volume of sound is audible for a distance in of average hearing faculties or capacity in or on any excess of fifty feet from the sound truck or the exterior private premises in such city. (Ord. 3924 § 3' (part), boundaries of the premises upon which such sound equip- 1999) merit is located, except that the city council may issue a permit for the installation and operation of a stationary 9.22.140 Amplified sound from vehicles. sound equipment affixed to a building for the reproduc- Except as otherwise allowed under this chapter, no tion or amplification of music or bell tones to be repro- person shall use or operate or permit to be used or oper- duced at regular stated intervals and for a stated period ated a radio, tape player, tape recorder, compact disc each time, during the day between nine a.m. and ten p.m., player, or any similar device in or attached to a vehicle upon compliance with all other provisions of this chapter whether moving, stopped or parked, occupied or unoccu- and amendments thereto; and, provided further, that the pied, which is audible to a person of normal hearing volume of sound shall be controlled so that it will not be sensitivity more than fifty feet from such vehicle or, as audible for a distance of more than six hundred feet from to any vehicle not located on a public street, so audible the point of location of such sound equipment; and, pro- more than fifty feet from the property line of the property vided further, that such permit may be revoked at any on which such vehicle is located. This section shall not time by thc city council, upon satisfactory evidence that apply to acts proscribed by Vehicle Code Section 27007 such use of such equipment is a nuisance to the surround- after the effective date of such section, to any sound lng neighborhood, and disturbs and interferes with the system being operated to request assistance or to warn of reasonable and comfortable enjoyment of life or property a hazardous situation, to any authorized emergency vehi- of persons residing or working in the neighborhood of cie or vehicles operated by gas, electric, communications such equipment, or water utilities. (Ord. 3924 § 3 (pan), 1999) E. Except as otherwise stated in this section or by special permit referred to in subsection B of this section, 9.22.150 Revocation. the volume of sound shall be conlrolled so that it will not Any permit issued pursuant to this chapter may be be audible for a distance in excess of one hundred fifty immediately revoked by the city finance director or his feet from the exterior boundaries of the premises upon or her designee whenever he or she finds: which such sound equipment is located, and so that such A. That false or misleading statement(s) were made volume is not unreasonably loud, raucous, jarring, dis- on the application; or turbing or a nuisance. B. That the applicant has done any act related to the F. When any loudspeaker, public address system, application involving dishonesty, fraud or deceit with the sound amplifier, radio or phonograph equipped with intent to substantially benefit himself or another, or sub- loudspeaker, jukebox or any other machine or device for stantially injure another; or the amplification or reproduction of the human voice, C. That the permit holder has violated any provision music or any other sound is so arranged, operated or of this chapter or any other applicable law; or equipped that it can be heard both inside and outside of D. That any of the terms or conditions of such per- the building or premises where the same is maintained, mit have been violated. (Ord. 3924 § 3 (pan), 1999) and such machine or device is operated at times other than those in which the operation of sound equipment is permitted~.under the provisions of this chapter, then such (Bakersfield i 1-99) 344