The URL can be used to link to this page

Home My WebLink About02/23/2004 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 COMMI'R'EE of the City Council - City of Bakersfield Monday, February 23, 2004 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 JANUARY 12, 2004 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. NEW BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO FIREWORKS COMPANY REQUEST FOR CHANGE IN THE CITY'S FIREWORKS LOTTERY PROCEDURES/ORDINANCE B. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO STREET CORNER VENDOR ACTIVITY IMPACTING OTHER BUSINESSES C. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO AN ORDINANCE ALLOWING SEIZURE OF VEHICLES BELONGING TO INDIVIDUALS INVOLVED IN ILLEGAL DUMPING ACTIVITIES D. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO THE 2004 LEGISLATIVE PLATFORM 5. COMMITTEE COMMENTS 6 ADJOURNMENT DRAFT B A K E R S F I E L D Alan Tand~/City Manager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Monday, January 12, 2004 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:04 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David Couch Councilmember Jacquie Sullivan 2. CLOSED SESSION Committee Chairperson Sue Benham indicated she was delaying closed session until after the second deferred business item. Closed session began at 1:30 p.m. and ended at 1:56 p.m. Committee Chair Benham indicated the Committee gave direction to the City Attorney who will provide follow up to that extent. 3. ADOPT DECEMBER 15, 2003 AGENDA SUMMARY REPORT Adopted as submitted. 4. PUBLIC STATEMENTS None. Agenda Summary Fleport DRAFT Legislative and Litigation Committee ,January ~ 2, ~004 P~ge ~ 5.. DEFERRED BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO UNDERAGE DRINKING "KEG PARTIES" Police Captain Bryan Lynn indicated that the second response to loud parties and underage drinking and keg parties are two separate issues. He provided the Attorney's Office with information about the second response to loud parties and potential for cost recovery. The cost recovery would be assessed on the property owner. Committee Chair Benham asked the reasons why the City has not pursued this avenue in the past. Both City Manager Alan Tandy and City Attorney Ginny Gennaro responded to this question. City Manager Tandy indicated this action would bring complaints from innocent home owners who had been gone overnight and whose teenagers may have had a party, damaged their home, and then they are assessed a fee by the City; home owners may present themselves as being innocent victims of circumstance. City Attorney Gennaro indicated that previously it was difficult logistically for a second officer to track a second response to the same location within the 30-day period in which the City's current ordinance allows. Captain Lynn felt as 12 hour response time would better serve residents although the 30-day allowance is broader in scope. City Attorney Gennaro indicated the Police Department's records management system should be able to allow officers to better track whether the first warning was given and if a call was in fact a second resp°nse. Committee Member Jacquie Sullivan indicated she felt this is an accountability issue. Upon further discussion, Committee Member David Couch motioned and the Committee agreed to have the City Attorney draft a first reading of the ordinance to forward to Council, with the understanding .that amendments include a definition of loud and unruly parties within the City's ordinance and tightens up the time frame for loud and unruly parties to a 12-hour period. Committee Chair Benham requested the City Attorney provide Council Members with background information on the initial referral that led the Legislative and Litigation Committee to review this issue. Agenda Summary .eport DRAFT Legislative and Litigation Committee January 12, 2004 Page 3 B. REVIEW, DISCUSSION.AND COMMITTEE RECOMMENDATIONS REGARDING - MOTOR HOMES PARKED ON PUBLIC'STREETS Police Lt. Tim Taylor explained that lots of cities have ordinances that prohibit the parking of motor homes, recreational vehicles and trailers attached to other vehicles in their neighborhoods, many with restrictions based on height and width. The California Vehicle Code allows cities to draft ordinances that would prohibit parking if adequate signage is provided. Discussion was held on what would be acceptable notice, including a warning as a first notice, ugliness of signs, costs of signage, sign placement, the ways other cities prohibit/restrict parking, and the need for a method of effective enforcement vs. an outright ban. City Attorney Gennaro indicated the sample ordinances have exceptions, such as allowing a 24-hour period for loading and unloading and permits through either the City Manager's Office or the Police Department for up to as long as 12 months. A very real issue is how to determine what adequate written signage is. Chairperson Benham asked if other Committee Members had had problems with oversized vehicle parking in their wards. Committee Member Sullivan indicated she currently had a problem with an extremely large band trailer capable of housing band members parking on Akers, near Barbara. She had contacted Code Enforcement who had contacted Streets. She feels an incident like this abuses the neighborhood. Committee Chairperson Benham indicated the Committee needed a little more information on .signage and related costs. She was not comfortable recommending an ordinance change without knowing what the costs were going to be. For a historical reference, City Attorney Gennaro distributed a February 17, 1999 memorandum to the Legislative and Litigation Committee discussing prohibited parking for vacation trailers, recreational vehicles and motor coaches as well as a February 24, 1999 letter to a property owner asking compliance 'to remove the recreational vehicle from the public right of way. City Manager Tandy asked if an ordinance could be crafted which applied practical rather than technical controls, such as restrictions of parking on the same street or within 300 feet of their previous location. If residents were unable to monitor their vehicles sitting outside their living or bedroom windows, they might be mOre amenable to off street parking restrictions. Agenda Summary Report DRAFT Legislative and UtigatJon Committee January 12, 2004 Page 4 Committee Member Sullivan felt that neighbors usually don't complain if the parking is temporary. She encouraged requiring appropriate parking for vehicle owners. City Attomey Gennaro requested permission to contact-other cities on whether they just have the ordinance on the books, if they are 'enforcing it, and in what manner they are enforcing .it. She felt staff would be in a better position to provide the Committee with information at that time. Lt. Taylor will share with the City Attorney his ordinance information. City Manager Tandy directed Administrative Analyst Trudy Slater to assist the City Attorney in contacting other cities. Committee Chair Benham indicated that if staff needed more than one month, it could be brought back at the March Legislative and Litigation Committee meeting. 6. COMMITTEE COMMENTS None. 7. ADJOURNMENT The meeting adjourned at 1:58 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater; City Attorney Ginny Gennaro; Police Captain Bryan Lynn, Police Lieutenant Tim Taylor; Finance Director Greg Klimko Other Attendees: Tammy Brown B AK E R S FI E L D OFFICE OF THE CITY MANAGER MEMORANDUM February 18, 2004 TO: ALAN TANDY, CITY MANAGER FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST Ill '~.-~'~-~- ~* At its meeting of January 14, 2004, the City Council referred to the Legislative and Litigation Committee a letter from Phantom Fireworks regarding a suggested change to the City's fireworks ordinance. Staff from the City Manager's Office, the City Attorney's Office and the City Treasurer's Office met to discuss the concerns expressed in the letter and review the current ordinance. After review, City staff feels that a change is warranted to avoid "stuffing" the drawing with subunits of the same non-profit organization, thereby giving them more chances to receive one of the limited numbers of fireworks permits In staff discussion, two alternatives to solving the problem with "stuffing" the lottery were proposed: One strictly limits a fireworks permit to one individual non-profit organization based on an identifiable tax exempt number. This would not allow more than one unit in a non-profit organization to apply. Exhibit A identifies this proposed change. When the Legislative and Litigation Committee reviewed the ordinance in late 2001, it was felt that at that time some subunits, i.e., a school band and a school choir from the same school, were distinct units and should be allowed to apply even though it would be under the same umbrella non-profit identification number. The second option is to continue in the current manner with the exception of charging a non-refundable fee for each fireworks permit application. Staff feels this would not prohibit non-profit units from applying but would create an incentive for them to clearly analyze whether they wish to pursue a course which has a cost included within it. Exhibit B identifies this proposal. It is important to note that while staff receives numerous applications which must be individually processed and verified, currently only those who receive a fireworks permit are required to permanently pay the fee. (Others not winning a fireworks permit are returned their application fee, even though staff has expended an inordinate amount of time on processing and verification.) Staff feels, regardless of any other action taken, that those applying should be charged a non-refundable application fee. This would require a change to the existing ordinance (see Exhibit B). Attached are Exhibits A and B with the proposed ordinance change alternatives. P:~.&L~I0402172-FireworksOrdinance Attachments Mefastorm e-work client -. Page 1 of'l Referral Display Requestor: !Mark Salvaggio J Ward: I~ ! Referral Created: Req. Completion Date: t'1/22/2004 I Meeting: 1~/-/2oo~ i 11/1~/2~ . j Initial Referral Information Short Description: IPHANTOM FIREWORKS Long Description: ***REFERRAL TO LEGISLATIVE AND LITIGATION COMMITTEE*** COUNCILMEMBER SALVAGGIO REQUESTED CORRESPONDENCE FROM PHANTOM FIREWORKS REGARDING CHANGES TO THE GUIDELINES FOR THE LOTTERY DRAWING BE REFERRED TO THE LEGISLATIVE AND i Attachment A LITIGATION COMMI3-1'EE. Attachment B Attachment C Attachment D Assigned To: Response? [-Lea~:l-~ (1) ,Legislative & Litigation Comm. t / d]R Reassigned To: Response? R2 (2)I J I (3)i t I Optional Citizen Contact Information Name: Name: [RYNE CONDER , IROGER JOSE Address: Address: Phone: Phone: I t l' ........................................................................................................................................................ j http://ew~rk/scripts/eWeb~d~~/F~~derPage?Page=Referra~%2524Disp~ay&F~~derID=E~~RK$E~~] 1/20/2004 700 Kiern~r~ Ave., Unit A, Modesto, CA 95356 (800) 733-7771 ° (209) 491-5180° Fax (209) 491-5188 Mark C. Salvaggio Bakersfield City Councilman City Hall 1501 Truxtun Ave. Bakersfield, Ca 93301 Dear Councilman Satvaggio, I would like to thank you and the entire City Council for supporting Safe and Sane Fireworks and your continuing support of the Non-Profit Organization in the City Limits of Bakersfield to raise funds by selling fireworks each year. At the present time, the City of Bakersfield has 39 permits that are grandfathered each year to the same gr.oups. Plus 26 one-year lottery permits that are drawn each year. Under the current guidelines to enter the lottery drawing, an organization must comply with the following. 1. Have a California or Federal 501-C3 Non-Profit Status. 2. Principle meeting place in the City Limits of Bakersfield. 3. Have 35 members that live in the City Limits. 4. Only ! permit will be issued per 501-C3. 5. The permit must be operated by the organization that is drawn. I have enclosed a list of the Non-Profit Organizations that were granted Lottery Drawing status last year. 106 applications were turned in 16 applications were voided or disqualified Of the 90 groups in the drawing around 40 different 501-C3 Non-Profit certificates were represented. The rest were groups within groups, that were able to apply under a main group's 501-C3 Big Bear Fireworks, inc. dba Phantom Fireworks · Distributors of Phantom® Brand and Woff Pack® Brand Fireworks The break down is as follows: 19 organizations with single entd~ 7 organizations with 2 entries each 3 organizations with 3 entries each 3 organizations with 4 entri, es each 2 organizations with 5 entries each 2 organizations with 7 entries each 1 organusation with 11 entries each For clarification, once an organizations name is drawn, all the other affiliated groups under the 501-C3 are disqualified. This practice of"stuffmg the lottery box" with affiliated group's names is solely to give the holder of the 501-C3 a better chance to receive a permit. Also, it creates a tremendous amount of work for City Staffto verify each group as a legitimate group. Each group is to supply a roster of their members showing at least 35 members in the city limits. The verification of those rosters is virtually impossible. I have been asked by several organizations to address this situation. All things considered, it is my opinion this practice undermined the fairness of the Lottery Drawing that the City Council originally intended, when they adapted the drawing process. Their will always be a legal question of which group in the organization is operating the permitted fundraiser. Therefore I am respectfully requesting the City Council to consider one very simple change in the Lottery Drawing application process. Only 1 group may apply for the Lottery Drawing per 501-C3 Non-Profit Certification. This will give all organizations in thc City of Bakersfield an equal opportunity to run a firework fundraiser each year. As well as saving a tremendous amount of valuable City Staff time. Thank you for your time and consideration. Please feel flee to call me if you have any questions at 1-800-733-7771 or Roger Jobe Bakersfield Acct Manager at (661) 327-9930.' ~'?n.e Co, nder Roger W. Jobe Regional Manager ' Account Manager 200:i- DRAWINO LIST D I N~ 9~N;~ ~VERY C~TER P 0 ~X 4~76 ~07 P~ ~ ~6~ D2 R~I~ ~ S~L ATHL~ ~STER CLUB P 0 ~X ~ 12 ~ DAWN ~ ~ ' O 9 V~ ~B~ S~Y ~ MWI~RY ~ E ~NDA~ ~ ~7 STYE OI0 ~E BRU~AGE ~ D 1 ! Va~ ~ F~Ip R~AL ~S f~ ~ E BRUNDAGE ~ ~7 ~ ~E TEaR ~1 ~'/, BI2 SE~W~HA~LT~ I~ I71r~R~C~T ~11 JO~GREER D t3 Y~ , O tS ~E~ ~ ~SFER ~. ~R~ ~EE P 0 ~X ~ 9~2 ~M~ SA~E~ D 16 ~~ ~ ~S~R ~B - ~T$ ~EE P 0 BOX ~ 9~ ~M~ SA~E~ ~.~ O 17 D~U~RED ~"~ D 19 OI~U~F~ D ~ ~FIE~ ~E~ ~ ~ ~ ~K ~ ~ 1 SHUN Y~6U D~I ~ISE T~CLE · M~S ~NI~RY ~L ST ~01 T~ ~EY ~7~7~ D~ P~SET~E~A~E-Y~H~HI~RY ~LST ~01 TOM--Er c O 25 VALLEY ~tBLE FEI. LO%¥~HI~ .VACATtON BIBLE ~ MINISTRY ~ E 8R~DAGE LN ~ STE~ TE~ER ~.5.~5t D ~ VAL~ ~BLE - U~TB~ER~ MIN~TRY ~ E BRUND~ ~ 9~7 STEVE TE~ER 32~51 · D 27 V~ BI~E FE~W~IP WA~ ~ ~NISTRY ~ E BRUN~GE ~ ~7 STYE T~ ~ I *- O~ V~EY B~ -S~R IN THE S~ ~N~y 2~ E BRUN~GE ~ ~ S~E ~EDDER ~*~1 D~ ~N ~ Y~ TA~E F~T~LL · MUST~ F~TB~ 5860 ~$TR~CT ~VD I t3 ~313 ~AN ~N~ D 3 ~W UFE ~ER - CH~E~ ~MSTRY 4~1 STWE RD ~13 DAVID Wl~ ~1.27~ . D 41 ~R ~y OF ~RP~ HE~ PA~ t~4 C~U~US ST 9~ GRE~Y W~T D 43 L~T ~U$E SOBER LW~G SUB- G~UP 1~8 P~SCIL~ ~ 9~ DWAYNE W~ON ~.~ :-*. '" D49 ~UAUFIED D S! XERN COUNTY SHRJ~E C~U~ P O BOX ?(X',0e 9~7 DAVE ~AN 831-4476 D S3 ~RIT~ ~E ~R~ ~ ~ YER~ AVE ~ ~E~E WEL~ 871.~ 212 D~ H~T~E BIB~ ~U~. ~Nl~ HIGH 2~ ~ VEfl~AVE ~ ~E~E WEL~ ~71.1212 0 57 V~ A~I ~T CE~R ~ ~G AVE ~ J~E ~INOER ~-8~ D ~NEWUFE~C~RCH POSOX242 ~ ' PM~WI~ D ~ G~ A~EMBLY OF ~. ROYAL ~NGERS P 0 ~X4t~ ~ DANIEL ~y O ~ G~ ~BkY ~ ~ MISSTEPS P O ~X 41g~ ~ DANIEL L&gOY O ~ ~E ~SE~Y ~ GOD Y~H O~ P O BOX 41~ ~ DANIEL L~Y D 71 SN~S ME~L ~U~H OF ~ ~ ~ST ~ PA~E~ ~7 COY ~AKS G~07 ~ :' '~:~ D 73 LIBERTY HiGH FOOT~ALL PO BOX 21S&g 9339~ flO~ERT MEHCIZ D 74 LIBERTY HIGH BA-eEBALL ' POBOX21~ 93390 flOBERTMEHCIZ D 75 LIBERTY HIGH 6OYS SOCCER P O BOX -~ 933~0 ROBERT MEHCIZ S~&76E9 C 76 UBERTY HIGH BASKETBALL P O BOX 21569 933e~ ROBERT MEHCIZ 5M,.~629 P O 8OX2 rS6* 9339O ROBE Ri' IdEHCIZ D 78 COUNTY LOCATION 0 7~ COUNTY LOCATION D 82 RIOGE91EW HIGH SCHOOL MUSIC ~OOSTERS/11 8.50 ! STING RD 93313 HELI~A FRANKS 39~.3100 D 83 ST PHIIJP THE APOSTLE CHURC4q ?! 00 STOCKOALE HWY 93309 JERRY ANOERSON 832-7483 O &4 ST PHIUP'S HEALTH CARE k~NISTRY 7100 STOCKDALE HWY 93309 JERRY ANDERSON 833.2216 O 85 STPHIUP'S ERE: 711Xk STOCKON..E HWY 93309 JERRY ANDER.SON 833-2216 0 ~ ST PHtUR'S SUNDAY SCI,4OOL 7100 STOCKDAi~ HWY 93309 JERRy ANDERSON O 87 ST PI'~LIP'S 6TH GRADE HOME ~ 7100 STOCKI~ALK HWY -~'~--~- JERRY ANDERSON ~3-2218 D ~i ST PHILIPS *TH GRADE 7100 STOCKDALE H'Aq' 9330g JERRY ANDERSON 0 ~0 ~'~ PHil. irS HIGH SCHOOL MINISTRY 7100 STOCKI~.E I'IWY ~ JERRY ANDERSON O 9! ST P,lU~'~ CONFIRMATION ! GROUP ?~00 STOCKDALE HWY e330g JERRY ANDERSON e33.221e D 92 S1' PHILIP'S CC)flFIflMA110N Il ~P ?100 STOCKDALE HWY 93309 JERRY ANDERSON 833-2218 O 93 ST PHAJP'S YOUNG ADULT Me~STR¥ 7'100 S?OCKDALE HWY ~3309 JERRY ANDERSON VESSELS OF HO~IOF~ ~aWISI'~;ES C'~ILOR£i~S DEPT ~ CHEST~ AVE 933Gl AMY C~ VESSELS OF ~ M;NI~TRIES y~ F~ES ~ ~EST~ AVE 93~1 ~ C~ ~.~ ~0 S UM~ AVE ~7 V~ CA~GY ~LT ~E~ CE~ER ~4OS U~N AYE ~ VAN ~Qy EXHIBIT A ORDINANCE NO. AN ORDINANCE AMENDING SECTION 8.44.030 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO FIREWORKS BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 8.44.030 is hereby amended to read as follows: 8.44.030 - Application - Issuance - Fee. · A. A permit for the sale of safe and sane fireworks may not be issued except to the following applicants: 1. A nonprofit organization or corporation ~ ..... , ........ q;~._;~L~;!B[~aJJ..~e¥.e.D.~.~o._.o~J organized and existing primarily for veteran, patriotic, religious, welfare, charitable or civic- betterment purposes, organized and established in the city at least one year prior to the filing of application for permit under this chapter and having a bona fide membership of at 'least thirty-five members. 2. Retail (for profit) business establishments which have, for a period of at least one year prior to the filing of an application for permit under this chapter, held a valid business tax certificate issued by the city under Chapter 5.02 of this code; provided, no such permit shall be issued to any such retail business establishment unless such establishment was issued a permit the previous year. 3. Any entity which held a permit issued by Kem County for a particular location the previous year, which location was subsequently annexed to the city within the past year. Permits issued to such annexed entities shall be in addition to those issued on the basis of population, without the necessity of being selected by drawing. 4. Those applicants having first obtained a permit or license from the State Fire Marshall under Part 2, Division 11 of the Health and Safety Code of this state. B. All recipients of fireworks permits except those specifically exempted in subsections A.3 and C. herein, shall be selected by a drawing (by lot) conducted by the city manager or his/her designee not later than Apdl 10th of each year. C. The total number of fireworks permits to be issued shall not exceed one permit per four thousand population, or portion thereof, in the city, as set forth in the prior calendar year annual report of the State Department of Finance, but not less than fifty; provided, however, any person applying for a fireworks permit who had such permit in 1994 and also in each subsequent year shall be issued a permit if otherwise qualified without being included in the drawing, notwithstanding the fact that such issuance may increase the number of permits to more than that allowed herein. D. Applications for fireworks permits shall be submitted by the "applicant" (as opposed to the fireworks vendor) commencing March 1st through March 31st of each year. No applications shall be accepted by the city after March 31 st of each year. Applications for the drawing referenced in subsections (B) and (C) above need not include the State Sales Tax number nor will require items 3 through 8 of the application form. Those applicants -Page 1 of 4 Pages- successful in the drawing shall have until May 15th to complete their applications and submit the required fee(s). E. Except as modified by subsection (D) above, applications for fireworks permits shall be made on forms to be fumished by the city manager or his designee, shall be signed under penalty of perjury by the applicant and shall require the following information and documents: 1. The name, address and telephone number of the nonprofit Organization or retail business establishment for which application is made; 2. The applicant's business tax certificate number if it is a retail business establishment, and the name and address of all owners of such business; 3. The location of the proposed fireworks sales; 4. The purpose of the nonprofit organization or corporation, its principal and permanent meeting place; the approximate date of its establishment in the city; the total number of its local membership; the names and addresses of its officers; 5. A plot plan, showing thelocation of the temporary fireworks stand, utilities, location of permanent and temporary structures; curb cuts and/or driveways and identifying the nearest available sanitary facilities, and fire hydrants. For those applicants who were issued a fireworks permit for the preceding year, the plot plan must be submitted with the application package. For.those applicants successful in the drawing, plot plans must be submitted by May 15th of each year. Plot plans will be approved or rejected by the Fire Department by June 15th. Amendment will not be permitted to any plot plan rejected subsequent to the March 31st application deadline for renewal permits or the May 15th deadline for successful drawing applicants, except to correctany violation of the minimum distance separation as required by Section 8A4.040(F); 6. A written authorization from the owner of the location or person in lawful possession thereof, if other than the applicant, for the locating of the business upon his or her property; 7. Evidence, satisfactory to the City manager or his designee, of (1) general liability insurance providing coverage on an occurrence basis for bodily injury, included death of one or more persons, property damage and personal injury, with limits as required by the city; and (2) workers' compensation, with statutory limits and employers liability insurance with limits as required by the city. All policies required of the applicant hereunder shall be primary insurance as to the city, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the city, its mayor, council, officers, agents, employees and volunteers shall be considered excess insurance over and above the applicant's insurance and shall not contribute with it. The applicants shall save, hold harmless and indemnify the city, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or is any way related to any work performed by applicant, his agents or employees under the terms of any permit issued under this chapter; 8. Cash bond in the sum of one hundred dollars, to be forfeited to the city in the event the permittee fails to remove said stand, equipment and rubbish from the premises upon which the stand is located before twelve noon on July 15th of the year for which said permit is granted. The cash bond shall be retumed to the applicant upon full performance of the requirements of this chapter; 9. Approval from the public works department of the city that operation at the fireworks stand at the proposed location will not present any substantial hazard to vehicular or pedestrian traffic. -Page 2 of 4 Pages - F. Location of temporary stands may not be changed after an application is filed except as required by the city, or where there is evidence of change in property ownership or management and pdor approval or consent has been revoked by the new owners or managers. .' G. No one organization business, group or person may receive more than one permit for fireworks sales during any one calendar year. H. All permits issued under this chapter shall remain in effect from noon on July 1st to noon on July 5th unless earlier suspended or revoked. I. The applicant shall pay a fee not to exceed the cost of processing anY such application and inspecting such business as set forth in Section 3.70.040 J. Permits may be issued with conditions to ensure that the business will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. (Ord. 4042 § 2, 2002: Ord. 3640 § 1 (part), 1995) 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.' -Page 3 of 4 Pages - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: ' AYES: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: By: HARVEY L. HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: VIRGINIA GENNARO City Attorney VG:alj $:\COUNCIL\Ords~Fireworks8.44.030Amend.02-13-04.doc -Page 4 of 4 Pages - EXHIBIT B ORDINANCE NO. AN ORDINANCE AMENDING SECTION 8.44.030 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO FIREWORKS BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 8.44.030 is hereby amended to read as follows: 8,44,030 - Application - Issuance - Fee, A. A permit for the sale of safe and sane fireworks may not be issued except to the following applicants: 1. A nonprofit organization or corporation organized and existing primarily for veteran, patriotic, religious, welfare, charitable or civic-betterment purposes, organized and established in the city at least one year prior to the filing of application for permit under this chapter and having a bona fide membership of at least thirty-five members. 2. Retail (for profit) business establishments which have, for a period of at least one year pdor to the filing of an application for permit under this chapter, held a valid business tax certificate issued by the city under Chapter 5.02 of this code; provided, no such permit shall be issued to any such retail business establishment unless such establishment was issued a permit the previous year. 3. Any entity which held a permit issued by Kern County for a particular location the previous year, which location was subsequently annexed to the city within the past year. Permits issued to such annexed entities shall be in addition to those issued on the basis of population, without the necessity of being selected by drawing. 4. Those applicants having first obtained a permit or license from the State Fire Marshall under Part 2, Division 11 of the Health and Safety Code of this state. B. All recipients of fireworks permits except those specifically exempted in subsections A.3 and C. herein, shall be selected by a drawing (by lot) conducted by the city manager or his/her designee not later than Apdl 10th of.each year. C. The total number of fireworks permits to be issued shall not exceed one permit per four thousand population, or portion thereof, in the city, as set forth in the pdor calendar year annual report of the State Department of Finance, but not less than fifty; provided, however, any person applying for a fireworks permit who had such permit in 1994 and also in each subsequent year shall be issued a permit if otherwise qualified without being included in the drawing, notwithstanding the fact that such issuance may increase the number of permits to more than that allowed herein. D. Applications for fireworks permits shall be submitted by the "applicant'' (as opposed to the fireworks vendor) commencing March 1st through March 31st of each year. No applications shall be accepted by the city after March 31st of each year. ApPlications for the drawing referenced in subsections (B) and (C) above need not include the State Sales Tax number nor will require items 3 through 8 of the application form. Those applicants successful in the drawing shall have until May 15th to complete their applications ~-, ,h,.~;~ ~1~, ,.~,,~, ,;,-~1 · ~..~,,,,~ ~, ,.., , v~.l~,, ,~ ,.~v%,.,I, -Page 1 of 4 Pages - E. Except as modified by subsection (D) above, applications for fireworks permits shall be made on forms to be furnished by the city manager or his designee, shall be signed under penalty of perjury by the applicant and shall require the following information and documents: 1. The name, address and telephone number of the nonprofit organization or retail business establishment for which application is made; 2. The applicant's business tax certificate number if it is a retail business establishment, and the name and address of all owners of such business; 3. The location of the proposed fireworks sales; 4. The purpose of the nonprofit organization or corporation, its principal and permanent meeting place; the approximate date of its establishment in the city; the total number of its local membership; the names and addresses of its officers; 5. A plot plan, showing the location of the temporary fireworks stand, utilities, location of permanent and temporary structures, curb cuts and/or driveways and identifying the nearest available sanitary facilities, and fire hydrants. For those applicants who were issued a fireworks permit for the preceding year, the plot plan must be submitted with the application paCkage. For those applicants successful in the drawing, plot plans must be submitted by May 15th of each year. Plot plans will be approved or rejected by the Fire Department by June 15th. Amendment will not be permitted to any plot plan rejected subsequent to the March 31st application deadline for renewal permits or the May 15th deadline for successful drawing applicants, except to correct any violation of the minimum distance separation as required by Section 8A4.040(F); 6. A wdtten authorization from the owner of the location or person in lawful possession thereof, if other than the applicant, for the locating of the business upon his or her property; 7. Evidence, satisfactory to the city manager or his designee, of (1) general liability insurance providing coverage on an occurrence basis for bodily injury, included death of one or more persons, property damage and personal injury, with limits as required by the city; and (2) workers' compensation, with statutory limits and employers liability insurance with limits as required by the city. All policies required of the applicant hereunder shall be primary insurance as to the city, its mayor, counCil, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the city, its mayor, council, officers, agents, employees and volunteers shall be consideredexcess insurance over and above the applicant's insurance and shall not contribute with it. The applicants shall save, hold harmless and indemnify the city, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time adse from or is any way related to any work performed by applicant, his agents or employees under the terms of any permit issued under this chapter; 8. Cash bond in the sum of one hundred dollars, to be forfeited to the city in the event the permittee fails to remove said stand, equipment and rubbish from the premises uPon which the stand is located before twelve noon on July 15th of the year for which said permit is granted. The cash bond shall be returned to the applicant upon full performance of the requirements of this chapter; 9. Approval from the public works department of the city that operation at the fireworks stand at the proposed location will not present any substantial hazard to vehicular or pedestrian traffic. F. Location of temporary stands may not be changed after an application is filed except as required by the city, or where there is evidence of change in property ownership or -Page 2 of 4 Pages -- management and pdor approval or consent has been revoked by the new owners or managers. G. No one organization business, group or person may receive more than one permit for fireworks sales during'any one calendar year. H. All permits issued under this chapter shall remain in effect from noon on July 1st to noon on July 5th unless eadier suspended or revoked. I. J. Permits may be issued with conditions to ensure that the business will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. (Ord. 4042 § 2, 2002: Ord. 3640 § 1 (part), 1995) 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.' -Page 3 of 4 Pages -- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: ' AYES: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGiO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: By: HARVEY L. HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: VIRGINIA GENNARO City Attomey VG:alj S:~COUNClL\Ords~Fireworks8.44.030Amend 1.02-13-04.doc -Page 4 of 4 Pages - · B A K E R S F i E L D OFFICE OF THE CITY MANAGER MEMORANDUM February 17, 2004 TO: ALAN TANDY, CITY MANAGER FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST III ~ ~ SUBJECT: STREET CORNER VENDORS At its meeting of January 14, 2004, the City Council requested the Legislative and Litigation Committee review the City's existing ordinances relating to street corner vendors and the impacts they have on nearby permanent businesses. Attached is a copy of Bakersfield Municipal Code Chapter 5.56 relating to Transient Outdoor Businesses. It is unlawful for any person to operate, maintain or conduct a transient outdoor business in the city in violation of Chapter 5.56. Among other conditions which must be met prior to issuance of a transient outdoor business permit, the applicant must have a valid City of Bakersfield business tax certificate. Also required is a written authorization signed and dated by the current property owner, lessee, or manager, for the locating of the transient outdoor business upon such owner's, lessee's or manager's property. P:%&L\M0402173-StreetCornerVendorOrdinance Attachment Metastorm e-work client Page 1 of'l Referral Display Requester: (Jacquie Sullivan I Ward: 16 t Referral Created: neq. Completion Date: 11/22/2004 t Meeting: tl/14/2004 ] I.1/1°/2004 · J Initial Referral Information Short Description: tSTREET VENDORS Long Description: "~REFERRAL TO LEGISLATIVE AND LITIGATION COMMITTEE*** COUNClLMEMBER SULLIVAN REQUESTED THE LEGISLATIVE AND LITIGATION COMMITTEE ADDRESS THE ISSUE OF STREET CORNER ~*"~ Attachment A VENDORS IMPACTING LEGITIMATE BUSINESSES. Attachment B Attachment C Attachment D (1) tkegislative & Litigation Comm. ] Reassigned To: Response? R2 (2) 1 J I R3 (3)1, i I Optional Citizen Contact Information Name: Name: Address: Address: Phone: Phone: ! i ! i i I http://ew~rk/s~ripts/e~eb~d~~/F~~derPage?Page=Referra~%252 4Disp~ay&F~~der~D=E~ ~RK$EW~] 1/20/2004 "5.56.010 Chapter 5.56 upon a permanent foundation in accordance with the requirements of Chapter 15.12 of this code. TRANSIENT OUTDOOR BUSINESSES* '*Transient outdoor business" means any temporary business or any seasonal outdoor business within the city Sections: and which hires, leases, uses, enters upon or occupies any 5.56.010 Definitions. property within the city. (Ord. 3916 (part), 1999: Ord. 5.56.020' Permit required. 3806 § 1 (part), 1997) 5.56.030 Application. 5.56.031 Issuance. 5.56.020 Permit required. 5.56.032 Fee. A. It is unlawful for any person to operate, maintain 5.56.040 Regulations. or conduct a transient outdoor business in the city in 5.56.050 Revocation. violation of this chapter, or without having a valid permit 5.56.060 Appeal for each and every day of operation in accordance with * Editor's Note: Prior ordinance history includes portions of Ordi- the provisions of this chapter. B. No person shall be relieved from compliance nance No~. 2845, 3457, 3763. with the provisions of this chapter merely by reason of 5.56.010 Definitions. association temporarily with any local dealer, trader, Whenever used in this chapter, unless a different merchant or auctioneer, or by conducting such transient meaning clearly appears from the context, the words set outdoor business in connection with, as a part of, or in out in this section shall have the following meanings, the name of any local dealer, trader, merchant or auction- ' eer. "Business owner" means any person who engages in C. Any business occupying a structure upon a per- or operates a transient outdoor business (including on his, her or its own property) and shall be the applicant for thc manent foundation constructed in accordance with the permit required in this chapter, requirements of Chapter 15.12 of this code, any farmers' market certified by the Kern County agricultural commis- "Lessee," unless otherwise qualified, means any person sioner, any seller of fireworks, any food vendor operating who is in lawful possession of the property, a pushcart on a sidewalk as permitted'in Chapter 5.45 of "Manager," unless otherwise qualified, means any this title, promotional activities as set forth in chapter ..pgrson who is an employee or agent of the propetv/ 5.51 of this title, or any occasional sales of nonalcoholic owner or lessee charged with the responsibility of manag- beverages or foodstuffs by persons under the age of ing the site on the property where the business owner eighteen years adjacent to the residence of the person seeks to establish his, her or its transient outdoor busi- ness. involved in such sales is exempt from the operation of this section. (Ord. 3916 (part), 1999: Ord. 3806 § 1 "Person" means any individual, partnership, corpora- (Part), 1997) tion, association or public entity of any nature whatsoev- er. "Property," unless otherwise qualified, means the 5.56.030 Application. A. Compleu:d'applicatious for permits under this property from which the business owner seeks to operate section shall be made on forms approved by the city his, her or its transient outdoor business, or from which manager or designee, shall be submitted no less than the transient outdoor business is operating, thirty days prior to commencement of the transient out- "Property owner," unless otherwise qualified, means any person who is the recorded owner of the property, door business, and shall be signed under penalty of perju- "Seasonal outdoor business" means any business solely ry by the applicant. The permit application form shall · require the following information: prepanng food for sale directly to consumers during a 1. The name, mailing address, title, telephone num- specific common season fewer than one hundred eighty- bet, previously used names, date of birth, sex, height, one consecutive days entirely independent from a struc- ture upon a permanent foundation in accordance with the weight, eye color, hair color, driver's license number, requirements of Chapter 15.12 of this code. social security number and arrest record, if any, of the business owner and any operator of applicant's business '*Temporary business" means any business selling during the life of the permit; goods, wares or merchandise fewer than ninety-one 2. Prior permits held and whether such permits were consecutive days entirely independent from a stmcture ever revoked or suspended and the reasons therefor;, 5.56.030 3. The name and description of the type of the tran- 1. A definite commencement date expressed as a ~- sient outdoor business, a description of the site on the single day of a single month of a single year; property, the anticipated commencement date, and the 2. A definite termination date expressed as a single length of time during which such business shall be con- day of a single month of a single year. (Ord. 3916 (part), ducted; 1999: Ord. 3806 § 1 (part), 1997) 4. A current, valid, number and expiration date ora city of Bakersfield business tax certificate for the transient outdoor business; 5.S6.031 Issuance. 5. Except when the city is the property owner or A. The city manager or designee shall issue a permit lessee, a written authorization signed and dated by the if it is' determined: current property owner, lessee, or manager, if other than 1. That the application is complete and truthful; the applicant, for the locating of the ~ansient outdoor 2. That the permit application form, or written lease business upon such owner's, lessee's or manager's prop- or license submitted pursuant to Section 5.56.030(E), erty. The application form shall additionally require the completely complies with the requirements of Section property owner, lessee or manager to state: 5.56.030; a. A definite commencement date for entry not older 3. That neither the business owner nor any operator than ninety days fi.om the date of the authorization, such of the Iransient outdoor business has been convicted of a commencement date expressed as a single day ora single crime substantially related to the qualifications, functions month ora single year, or duties of the business for which application is made, b. A def'mite termination date for entry expressed as unless he has obtained a certificate of rehabilitation; a single day of a single month of a single year not more 4. That neither the business owner nor any operator than ninety-five consecutive days after the commencement .of the transient outdoor business has done any act involv- date in the instance of a temporary business or one hun- mg dishonesty, fraud or deceit with the intent to substan- dred eighty-five consecutive days after the commencement tially benefit himself or herself or another, or substantially date in the instance of a seasonal outdoor business, injure another; e. An automatic termination upon any transfer or 5. That operation of the proposed transient outdoor assignment of interest in the property fi.om the authorizing business at such location will not present any substantial property owner, or lessee, or upon any change of the au- hazard to vehicular or pedestrian traffic; .. thorizing manager, 6. That the location of the transient outdoor business d. A representation that the authorizing property is on the site of another operating business as to which the owner, lessee or manager has not issUed any other authori- transient outdoor business would be secondary in purpose; zations for the same property for the same dates or over- 7. That paved parking adequate for the purposes of lapping dates of commencement or termination, the transient outdoor business exists at the proposed site B. The applicant Shall attach to the application for on the property; permit a plot plan drawn to scale, showing the location of 8. That a valid business tax certificate has been is- utilities, improved parking areas, location of permanent sued for this transient outdoor business and will be in el- and temporary structures, curb cuts and/or driveways and feet during the entire life of the permit to be issued pursu- identifying the nearest available source of potable water, ant to this chapter; sanitary facilities and fire hydrants. 9. That no permit issued to the same Ixansient out- C. The applicant shall deliver with the completed door business or the same business owner pursuant to this application form the appropriate fee. section has been revoked in the past three years, unless the D. An application for a transient outdoor business city manager or designee finds that the reasons for such permit submitted without complete responses required by revocation are unrelated to this application; the form or the attachments described in this section shall 10. That the zone in which the transient outdoor busi- be deemed incomplete and denied, ness is proposed is appropriate, as set forth in subsection E E. In lieu of completing the part of the application of Section 5.56.040; form responsive to subsection (A)(5) of this section re- 1 I. That no more than one permit per site on the quirements, applicant may submit a copy of a multi-year property per date exists; lease or license signed by the property owner, manager or 12. That the appropriate fee has been paid. lessee authorizing enlxy to the described site to the appli- 13. That the entire business shall be contained and cant if the lease or license also sets forth: conducted within an area not to exceed four hundred square feet. 261 (Bakersfield Supp. No. 5, 08/03) " 5.~56,031 B. The city manager or designee shall issue a tran- mit; the termination of the authorization required in sub- sient outdoor business permit: section (A)(S)(b) of Section S.$6.030; the lapse of the 1. To a temporary business for the length of time maximum consecutive'days allowed by this chapter after requested in the application form not to exceed ninety-one the date of issuance of the permit; any transfer or assign~ consecutive days. The city manager or designee may issue ment of interest by the properly owner or lessee or change a permit for a shorter period to mitigate impacts to vehicu- of manager; or revocation of the permit pursuant to Sec- lar or pedestrian traffic or parking space; tion 5.$6.050. 2. To a seasonal outdoor business for the length of C. The business owner shall inform the city manager time requested in the application form not to exceed one or designee ofany transfer of ownership or assignment of hundred eighty-one consecutive days. The city manager or interest of the property, or any change of manager. Failure designee may issue a permit for a shorter period to mit-i- to so notify the city shall automatically terminate the per- gate impacts to vehicular or pedestrian traffic or parking mit. space. D. Except as expressly permitted by and in accor- C. The city manager or designee shall enter the expi- dance with the provisions of Chapter 12.44 of this code, ration date oftbe permit on the permit, the selling, offering to sell, advertising or displaying of D. The city manager or designee may issue permits merchandise on any street or sidewalk in the city is prohib- with conditions to ensure that the business will be operated ited. in a safe and legal manner, will not disturb the peace and E. Transient outdoor businesses shall be permitted quiet of the neighborhood and will not constitute an undue only in a C-2 zoning district or a zoning district less re- burden on city resources, strictive than C-2, unless located upon property owned and E. If ali the requirements established in this section occupied by a church and/or school, which church or are not fulfilled, the city manager or designee shall deny school is either a legal or legal nonconforming use of such the permit. The city shall mail notice of such denial to the property, and the transient outdoor business is located no business owner at the address stated on the application for less than three hundred feet from the property line of any the permit. (Ord. 4128 § 1, 2003: Ord. 3916 (part), 1999: residence. Ord. 3806 § I (pan), 1997) G. The business owner shall comply with all state and federal laws, and local ordinances. $.56.032 Fee. H. The business owner shall not conduct any busi- "The applicant shall pay a fee not to exceed the cost of ness on landscaped areas. processing any such application and inspecting such busi- I. The business owner shall not display any products ness as authorized in Chapter 3.70; provided, however, for sale or advertisement on fences, walls, trees, signs, or that the fee requirements of this chapter shall not apply to any other permanent structure on the property. fundraising activities by schools and by bona fide charita- J. The business owner shall provide waste recepta- ble, fraternal, civic and social institutions. (Ord. 3916 cles for the business customers' use. (Ord. 3916 (pan), (pan), 1999: Ord. 3806 § 1 (pan), 1997) 1999: Ord. 3806 § 1 (pan), 1997) 5.56.040 Regulations. 5.56.050 Revocation. A. No permit holder shall shout, make any outcry, Any permit issued pursuant to this chapter may be ira- blow a horn, ring a bell or use any other sound device in- mediately revoked by the city manager or designee when- cluding any loudspeaker, radio or amplifying system ever it is determined: where sound of sufficient volume is emitted or produced A. That misrepresentations were made on the appli- therefrom capable of being plainly heard upon the streets, cation; or alleys, parks or other public places. B. That the business owner or any manager of the B. Any permit issued pursuant to this chapter shall be transient outdoor business has been convicted of a crime nontransferable, and shall be valid only for the following: substantially related to the qualifications, functions or du- I. For the applicant identified on such permit; ties of the transient outdoor business for which application 2. For the site on the property identified on such is made, unless he has obtained a certificate ofrehabilita- permit; tion; or 3. Until the earliest occurrence among the following C. That the business owner or any manager of the events: the lapse of the expiration date stated on the per- transient outdoor business has done any act involving dis- honesty, fraud or deceit with the intent to substantially O~,,~n~d s.~. ~o. s. o~o~) 262 5.56.050 benefit himself or another, or substantially injure another; or D. That any of the terms or conditions of the permit or regulations under this chapter have been violated, or that the transient outdoor business has been operated in violation of local ordinance, state or federal law; or E. That the transient outdoor business is interfering with the peace and quiet of the neighborhood; or F. That the safety of persons or real or personal property requires such revocation; or G. That due to circumstances changing during the life of the permit, one or more of the conditions for issu- ance of a permit under Section 5.56.031, is not being saris- fled; or H. That the property owner, or lessee transferred or assigned his, her or its interest in the property or the man- ager has been changed or the city manager or designee receives notification thereof; or I. That the business owner, after learning of a trans- fer or assignment of an interest in the property or a change of manager failed to notif), the city manager or designee' within two days of learning of the lransfer, assignment or change. (Ord. 3916 (part), 1999: Ord. 3806 § 1 (part), 1997) 5.56.060 Appeal. A. Should any business owner be dissatisfied with any of the conditions attached to the issuance of a permit, or the decision of the city manager or designee to deny or revoke a permit then said business owner may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the business owner at the address provided on the application, make written ob- jection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear such ob- jections at a regular meeting no later than three weeks fol- lowing the filing of the objection with the city clerk. The business owner shall be given written notice no less than fl~ree days prior to such hearing. The council may, upon such hearing, sustain, suspend or overrule the decision of the city manager or designee, which decision shall be final and conclusive. B. Pending the hearing before the council, the deci- sion of the city manager or designee shall remain in full force and effect and any reversal thereof by the city coun- cil shall not be retroactive but shall take effect as of the date of the council's decision. (Ord. 3916 (part), 1999: Ord. 3806 § 1 (part), 1997) 262- ,,BAKERSFIELD OFFICE OF THE CITY MANAGER MEMORANDUM February 17, 2004 TO: ALAN TANDY, CITY MANAGER SUBJECT: LOS ANGELES NUISANCE VEHICLES-ILLEGAL DUMPING ORDINANCE At its meeting of January 28, 2004, the City Council requested the Legislative and Litigation Committee review the recently passed Los Angeles ordinance relating to the seizure and forfeiture of vehicles that are used for illegal dumping. According to Los Angeles Mayor Jim Hahn, any vehicle used to illegally dispose of items such as couches, televisions, mattresses, or other hazardous waste will be subject to seizure and forfeiture. The vehicles would then be sold to reimburse the city, and any remaining revenues would go to the General Fund. He believes the city's car seizure ordinance will deter illegal dumping. Los Angeles has a major problem with illegal dumping; more than 130 million square feet of debris was collected in FY 2002-2003. As with any asset seizure and forfeiture procedures, numerous steps must be taken, including providing proper notice to those affected, opportunities for public hearings and appeals as required by law, and the conduct of other administrative and legal procedures. Attached is the nine-page Los Angeles ordinance, Section 41.70.3, Nuisance Vehicles-Illegal Dumping, adopted by the Los Angeles City Council on October 7, 2003, as well as Section 61.07. P:\L&L~vl0402172-111egalDumping Attachment Mctastorm e-work client · Pag 1 of 1 Referra Display .... .... Requeston ~gio Ward: ~ ~Created: Req' C°mpleti°n Date: [2/5/2(X)4 t Meetin g: 1~_/2___8{2 _0~4__ __~l Initial Referral Information : Short Description: 'SEIZING CARS Long Description: "*REFERRAL TO LEGISLATIVE AND LITIGATION COMMITTEE*' COUNCILMEMBER SALVAGGIO REQUESTED THE LEGISLATIVE AND LITIGATION COMMITTEE CONSIDER AN ORDINANCE ALLOWING OFFICIALS TO SEIZE THE CARS OF INDIVIDUALS CAUGHT ILLEGALLY !i.i i~ii Attachment A DUMPING TRASH, FURNITURE, ETC. ;ii=ii !!~.i ~.' Attachment B :! i,i~i::I Attachment C ........................................................................ ~ Attachment D I Lead: -I Assigned To: Response? R11 (1)1 ............: Legislative & _Li_fig_ .at_i_on_._Co _m_m Reassigned To: Response? R2 (2)i .................................................... i [ .............. (3)/ .......... , I ........................................ Optional Citizen Contact Information Name: Name: Address: Address: Phone: Phone: I http://ew~rk/s~ripts/e~eb.d~~/F~~derPage?Page=Referra~%2524Disp~ay&F~~der~D=E~ ~RK$Ew~~ 1/30/2004 §AKEllSFIEI..O CiTY OLEllt~ · · mUlegalTrash um rs ~~ nd ~e ~ of d~ ~ t~ ~ o~ ~ ~me ~. ~ ~~g. O~ C~n~ ~to~o ~~on ~~ ~ ~_ that ~t f~,._~umg ~at ~ P~n~ o~n ~ ~, ~e d~ ~$ ~ ~. Watts ~ ~d~g p~itu, fl~e c~t ho~ ~r w~~r~eP~en~' ~d the~ ~eys look ~e the S ~ ~ favor of~g~ c~ me~. tO ~ten~ hwb~- "02/04/2004 WED 11:29 FAX 1+213+626+5431 Councilwoman Janice Itahn ]002/011' ORDINANCE "O. 1 ~ 5 5 ~ 5 An .ordinance ad. ding Section 41.70.3 to the Los Angeies Municipal Code, Nuisance Vehicles, to provide for the ~eizure ~nd forfeiture of vehicles used'for illegal dumping and amending Subsection (a) of Los.Angeles Municipal Code Section 61.07 in order to give specified public officers the authority to enforce' proVisions. of Los Angeles Municipal Code Section 41.70.3 and changing references to the Bureau of Street Maintenance to'the Bureau of Street Services. ' ' WHEREAS, residents of the City of Los Angeles have complained about the - nuisances created in their neighborhoods by vehicles that are used to dump bulky items and potentially hazardous materials in their neighborhoods. ' WHEREAS, persons who use their vehicles for illega! dumping create unhealthful conditions and blight in communities, thereby negatively impacting the quality Of life of residents and leading to reductions of property values; WHEREAS, in spite of the .proactive steps, such as installation of cameras and -- . increased patrol taken by the City of Los'Angeles .in attempts.to curtail illegal dumping, the problem persists; W. HEREAS, the seizure and forfeiture of vehicles that are used for illegal . 'dumping will abate the nuisances caused by this activity in that the vehicles used for these purposes will no longer be available and f~rthermore, other persons contemplating engaging in illegal dumping will be deterred from using vehicles for these purposes.. NOW THEREFORE, THE PEOPLE OF THE 'ClT. Y OF.LOS ANGELES · . DO ORDAIN AS FOLLOWS: ' Section 1. A new Section 41.70.3 is added tb th~.Los Angel~ Municipal Code to read: SEC. 41:70.3. NUISANCE VEHICLES. ILLEGAL DUMPING. A. Definitions~ "Authorized public officer" means a public officer authorized under Los Angeles Municipal Code Section 61.07 (a). 02/04/2004 WED 11:29 FAX 1+213+626+5431 coUncilwoman Janlce }{ahn { 003/011 · ' { "Bulky item" means any discarded furniture, home or industrial appliance or abandoned vehicle or a part of an abandoned vehicle. ' "Driver" means any person who drives a motor vehicle. "Hazardous waste" means any ~aste as defined in California Health and Safety Code Section' 25117. "Illegal dumping" means the wilful throwing, dropping, placing or depositing of a bulky item, hazardous waste or solid waste on public or private property not'designated for that dumping or disposal purpose. "Illegal dumping" does not include the discarding, dropping, or scattering Of small quantities of waste matter ordinarily carried on or about the persor~, including, but 'not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspapers, and magazines and including waste matter that escapes or is allowed to escape from a container, receptacle, or package.' "Solid w~ste" means all putrescible and non-putrescible solid, semisolid and'liquid wastes, including garbage,' trash, refuse, 'paper, rubbish, ashes, industrial wastes, demolition and construction wastes, dewatered, treated or chemically fixed sewage sludge, which is not hazarddus waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include hazardous waste. "Vehicle" means any transportation cJevice that requires the driver to'have in his or her immediate possession a valid driver's license 'for the appropriate class of vehicle being drlveh and which transportation device is equipped With a motor. B. Abatement of Nuisance Vehicle by Seizure and Forfeiture. 1. Any vehicle used for the purpose of illegal dumping ·is a nuisance and the vehicle shall I~e enjoined and abated as.provided in this seCtior{. 2, Any vehicle used to transport'any bulky item, any hazardous waste 0r solid. waste for the purpose of illegal dumping is a nuisance and the vehicle shall be enjoined and abated as provided in this section. 2 02/04/2004 WED 11:29 1+213+626+5431 Councilwoman Janice Hahn [ 004/011 3. Any person or his or her servant;agent, or employee who owns, leases, · conducts or maintains any vehicle used for any of the purposes or acts set forth "in this section is responsible for creating, a public nuisance. C. Title to Vest in the City. All rights, title and interest in any vehicle described in Subsection B shall vest in the City upon commission of the act giving rise to the nuisance under this section. D. Seizure of Vehlcle. 1. A peace officer or authorized public officer may seize a vehicle subject to forfeiture under this section upon'the issuance of an order by a court having jurisdiction of the vehi(~le. Seizure without cou~t order may be made in any of the following circumstances: (a) The seizure is incident to an arrest or search under a search warrant; (b) There is probable cause to l~elieve the vehicle was used in violation of this section. 2. A peace officer or authorized public officer seiZing a vehicle un~er this section shall complete a receipt in accordance with Penal Code Section' 1412 and deliver it to the person from whose possession the vehicle was seized. 3. An immediate investigation shall be made by .the public agency making the seizure as to any potential claimant to a ~eized vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles of this'or any other state or appropriate federal agency. The public agency shall send a notice of seizure within two business days of the. vehicle's seizure, to all potential claimants Whose right, title, interest'or lien did not arise subsequent to the date an'd time of seizure of the vehicle, if that person or entity was not previously given a notice of seizure. 4. The public agency seizing the vehicle shall provide any potential claimants discovered as a result of the investigation set out in D.3 with the opportanity for a post-seizure hearing to determine the validity of the seizure. The post-seizUre hearing 3 0!/04/2004 WED 11:29 FAX 1+213+626+5431 coUncilwoman Janice Hahn { 005/011' shall be conducted within two business da~s of the request for the hearing. The 'public agency may authorize its own officer or employee to conduct the hearing if the hearing. officer is not the 'same person who directed the seizure of the vehicle. Failure of the potential claimant to request or attend a scheduled hea~ing Within the appropriate time frame shall satisfy th'e post-seizure requirement. ~. '(a)~ The notice ~)f seizure shall include the following: (i) the name, address and telephone number of the agency pro. viding the notice; (iii the a~thority and reason for the seizure: (iii) a statement th'at in order to receive their post-seizure hearing, the 'potential claimant shall request the hearing in person, in wdting, or by telephone within ten calendar days of the date. of the notice; and' (iv) the time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed. $. A vehicle seized pursuant to this section, where appropriate may be held as (~vidence in any proceeding brought by the City Attorney or District Attomey. E. Forfeiture and Notice of Intended Forfeiture of Vehicle '1..The City Attomey may, pursuant to this section, order the forfeiture of Vehicles seized under this section. 2. If the City Attorney determines that the factual circumstances warrant forfeiture of the vehicle described in Subsection B, the City Attorney shall serve a notice of intended forfeiture upon 'any person who has an interest in the seized vehicle. The notice shall be served as soon as practicable, but in any event within 30 calendar days of the seizure of the vehicle subject to forfeiture. 3. The notice of intended forfeitureshall be served as follows: 4 '02/04/2004 11:30 FAX 1+213+626+5431 Councilwoman Janice Hahn 006/011' · (a) By personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle a~ determined pursuant to Subsection D 3. (b) In the e~,ent that the person entitled to' service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. 'Substituted service may be accomplished by any one of the following methods: (i) By leaving a copy during usual business hours'at the recipient's business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left;. (ii) By leaving a copy at the. recipienrs dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing by first class mail a copy to the recipient at the address where the copy was left. (c) if the person entitled to servi(Je lives out of state and will not accept certified return receipt mail, then service may be made by first class mail. ' (d) If the person entitled to notice cannot be located, or service cannot be effected as set forth in this subsection, service may be made by'publication in a Los Angeles newspaper of general .circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063. Claim Opposing Forfeiture and Court Proceedings I. A person claiming, an interest in the vehicle seized pursuant to Subsection B -' ' must within ten calendar days from the date'of the notice of'intended {orfeiture or within 30 calendar days from the date of first publication of the notice of intended forfeiture, file with the Superior Court of the county in which the vehicle was' seized, a Claim Opposing Forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating his, her or its interest in the vehicle, An endorsed copy of the claim shall be served upon the City Att. omey within ten calendar days of the filing, of the claim. 1 2/04/2004 WED 11:30 FAX 1+213+626+5431 Councilwoman Janice Hahn 1 007/011 ' .*. 2. Ifa ye .rifled claim is filed in accordance with this section, the forfeiture proceeding shall be set for hearing within 30 calendar days from the date the claim is filed with the court. The City Attorney shall file a petition for forfeiture with the court within ten calendar days of service of the claim upon the City Attorney, A.copy of the petition .shall be served upon the claimant. · · 3. · The hearing shall be before the Superior Court of Los Angeles County. The provisions of'the Code of Civil Procedure shall apply to proceedings under this section unless otherwise inconsistent with the provisions or procedures, set forth in this .section. However, in proceedings under this section, there shall be no joinder of actions, .coordination of actions, except for forfeiture proceedings, or cross-complaints, and the issues shall be limited stri .ctly to the questions related tb this section. Trial shall be by court .... or jury. 4. With respect to vehicles described in Subsection B for which forfeiture is sought and as to which forfeiture ii contested, the City Attorney shall have the burden of proving · by a preponderance'of the egidence that the v~hicle was used as set forth in Subsection B. 5. Upon proof that the vehicle was used fog any of the purposes Set forth in Subsection B, the court shall declare the vehicle a nuisance and order that the vehicle be forfeited,sold, and the proceeds distributed as set forth' in.Subsection G. The court may make a different distribt~tion of the proceeds, if the court finds that the claimant did not know that the vehicle was used for a purpose that constitutes a violation of this section · 6. If no claims are timely filed, the C'.~, Att0mey shall prepare a written declaration of forfeiture, of the vehicle to the City. A written declaratioh of forfeiture signed by the City. Attorney Under this se~on shall be deemed to provide good and sufficient title to the fo .rfeited vehicle. The proceeds from the disposal of the vehicle declared forfeited by the ... City ^ttomey shall be distributed in accordance with Subsection G. The City Attomey ordering forfeiture' pursuant to this section shall provide a copy of' the declaration of forfeiture to any person who received.notice of the forfeiture proceedings, G. Disposal of Vehicle and Distribution of Proceeds' " 1..In all caseh where vehicles seized pursuant to this section are forfeited to the *City, the vehicles shall be sold, or if cash is paid as settlement *in lieu of forfeiture of the vehicle,, the proceeds of sale or settlement ,shall be distributed and appropriated as follows: 02/04/2004 11: 0 1+213+626+5431 Councllwoman Janice Hahn O08/Oll' (a) To pay costs associated with the towing, storage and release of any vehicle seized underthis section. (b) To pay costs associated with the sale of the vehicle. (c) To the lien holder of the vehicle, if any, up to the amount of his, her or its interest in the vehicle. 2. The remaining funds shall be distributed as follows: (a) To the City Attorney for all expenditures other than personnel costs, made or incurred by the Office in connection with the enforcement of this section, including but not limited to, costs for equipment, investigation, supplies, litigation, insurance and liability resulting .from enforcement of this section and costs of publication of the notices set forth in Subsection E. (b) To local law enforcement for all'expenditures other than personnel costs, made or incurred by the Department in connection with enforcement of this section, includin{] but not limited to, costs for equipment, investigation and supplies related to enforcement of this section. (c) To the general fund. 3. For budgeting purposes, funds attributable to this ordinance shall not be considered anticipated revenue into the general fund. H. Stolen vehicles A vehicle that has been reported stolen, pdor to a seizure under this section shall not be subject to forfeiture unless the identity of the registered owner cannot be reasonably a~certained or the registered owner fa~s to redeem the vehicle within 60 days of the seizure. The registered owner of the vehicle may claim the vehicle upon payment of tow, · storage and release charges, provided the vehicle is not subject to any holds for traffic or parking violations and the vehicle registration is current. f i2/04/2004 WED 11:30 FAX 1+213+626+5431 CouncUwoman Janice Hahn [~009/011 ' .I. Recovery of monetary loss Nothing in this section shall preclude ar{ owner of a vehicle who suffers a monetary loss from the forfeiture of a ~/ehicle under this section from recovering the amount of the actual monetary loss from the perso, n who committed the act giving ~ise to forfeiture under this section. 6.2/04/2004 WED 11:31 FAX 1+213+626+5431 Counc 'lwoman Janice Hahn Section 2. Subsection (a) of Section 61.07 of the Los Angeles Municipal Code is amended to read: SEC. 6'1.07. ARREST AUTHORITY OF CITY EMPLOYEES. (a) -T. he Director of the Bureau of Street ServiCes, the Assistant Director of the Bureau of Street Services, the Chief Street Use Inspector, Senior Street Use Inspectors and Street Use Inspectors shall' have .the power, authority and immunity of .a public officer Or employee, as set forth in the Penal Code of the State of Califomia, Section 836.5, to make arrests without a warrant wheneve~ he or she has reasonable cause to believe that the person to be arrested has comrhiffed a misdemeanor o~' an infraction in his or her presence, which is a violation of any provision of the Los Angeles Municipal Code enforced by the Street Use Inspection Division. of the Bureau of Street Services, including Los Angeles Municipal Code Section 64.30 with respect to storfn drain systems and waters of the State and any law set forth in Subsection (c) of this section and to seize and impound vehicles in order to enforce the provisions of Los Angeles Municipal Code Section 41.70.3. 9 ,,BAKERSFIELD OFFICE OF THE CITY MANAGER FEBRUARY 17, 2004 TO: ALAN TANDY, CITY MANAGER FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST Ill SUBJECT: 2004 LEGISLATIVE PLATFORM The Legislative Platform is changed annually to reflect current legislative priorities. The Platform allows the City to focus its limited resoumes on areas of greatest concern. It also provides a basis for quick response by City legislative advocates and departments to legislative issues that arise. At the request of Chairperson Sue Benham, a memorandum was forwarded to the Mayor, Council, and Department Heads in January asking for their input for changes to update the 2003 Legislative Platform. Two proposals are submitted this year for Committee consideration. The first is a single change suggested for the tenth paragraph on page two, support for "legislation or a constitutional amendment that returns lOCal government revenues previously captured by the State and limits the State's authority to access revenues which traditionally fund city services including but not limited to property tax, vehicle license fees, and sales tax." Although over the years the Platform has identified specific areas of concern, this proposal advocates that expanding the identified list to include transportation funds will more accurately reflect current 2004 conditions. The second proposal includes several changes designed to consolidate what could be considered overlapping statements. The proposal is submitted in its entirety. Strikeouts, italics, and bonded fonts indicate the proposed changes to the 2003 Legislative Platform. Both change proposals are attached for Committee consideration. Upon Committee acceptance of a proposed 2004 Legislative Platform, it will be forwarded to Council for approval. P:~i..&L~latfo~n 04~Vl0402171 -PlatFormProposedChanges Attachments: Copies of 2003 Legislative Platform w/proposed changes CITY OF BAKERSFIELD '~'~ 2004 LEGISLATIVE PLATFORM THE CITY OF BAKERSFIELD PROVIDES GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE. THEREFORE, IT IS INCUMBENT UPON ITS ELECTED OFFICIALS TO PROVIDE LEGISLATIVE LEADERSHIP ON ISSUES WHICH POTENTIALLY COULD IMPACT THE CITY OF BAKERSFIELD. THE FOLLOWING POLICY STATEMENTS REFLECT THE LEGISLATIVE PLATFORM OF THE CITY OF BAKERSFIELD FOR 2002 2004. GENERAL POLICY STATEMENTS SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S FISCAL AUTONOMY AND CHARTER CITY STATUS TO ALLOW DISCRETIONARY AUTHORITY OVER LOCAL, STATE AND/OR FEDERALLY MANDATED PROGRAMS. SUPPORT LEGISLATION WHICH PROVIDES FOR GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE WHENEVER IT IS MOST LIKELY TO PRODUCE THE MOST EFFECTIVE AND EFFICIENT RESULT. SUPPORT LEGISLATION WHICH MAINTAINS AND/OR ENHANCES THE CITY'S LAND USE DECISION-MAKING AUTHORITY. SUPPORT LEGISLATION WHICH FOSTERS MUTUALLY ACCEPTABLE METHODS FOR CITIES AND COUNTIES AND OTHER PUBLIC AGENCIES TO WORK TOGETHER TO SOLVE ISSUES OF LOCAL CONCERN. SUPPORT LEGISLATION WHICH MAINTAINS THE PROVISION OF ESSENTIAL PUBLIC UTILITY SERVICES (E.G., ELECTRICITY, NATURAL GAS, WATER) IN A COST-EFFECTIVE MANNER. OPPOSE LEGISLATION WHICH ALLOWS STATE OR FEDERAL CONTROL OVER AND USE OF TRADITIONAL MUNICIPAL GOVERNMENT REVENUE SOURCES. OPPOSE LEGISLATION WHICH SHIFTS .TO THE STATE OR FEDERAL GOVERNMENT · CONTROL OVER TRADITIONAL MUNICIPAL AFFAIRS. OPPOSE LEGISLATION WHICH DETRIMENTALLY IMPACTS THE LOCAL ECONOMY. OPPOSE LEGISLATION THAT PLACES GOVERNMENT AGENCIES IN COMPETITION FOR LIMITED FISCAL RESOURCES OR ENCOURAGES SHIFTING OF SERVICE RESPONSIBILITY WITHOUT PROVIDING ADEQUATE FUNDING. Page 1 of 3 .. ,QUALITY OF LIFF SUPPORT LEGISLATION WHICH PROMOTES SAFE, EFFICIENT, COST EFFECTIVE, AND RESPONSIBLE MANAGEMENT OF THE ENVIRONMENTAL COMPONENTS OF ISSUES SUCH AS URBAN DEVELOPMENT, AIR QUALITY, WATER QUALITY, TRANSPORTATION, WASTEWATER TREATMENT, AND SOLID WASTE MANAGEMENT. SUPPORT LEGISLATION WHICH INCREASES CITY PARTICIPATION AND REPRESENTATION IN COUNTY, STATE AND FEDERAL ISSUES OF REGIONAL CONCERN. SUPPORT LEGISLATION WHICH PROVIDES INCREASED FUNDING OF CULTURAL, RECREATION AND OPEN SPACE PROGRAMS. SUPPORT LEGISLATION WHICH PROVIDES APPROPRIATE CITY OF BAKERSFIELD REPRESENTATION ON POLICY-MAKING BODIES WITH INTERJURISDICTIONAL POWERS (E.G., THE LOCAL AGENCY FORMATION COMMISSION, THE COUNCIL OF GOVERNMENTS, AND THE KERN COUNTY WATER AGENCY'S IMPROVEMENT DISTRICT #4). SUPPORT LEGISLATION WHICH PROVIDES APPROPRIATE FUNDING MECHANISMS FOR THE PROVISION OF LOCAL PUBLIC SAFETY SERVICES. OPPOSE LEGISLATION WHICH INCREASES THE COST OF OR ENDANGERS THE CLEAN, RELIABLE SOURCE OF WATER AVAILABLE TO THE CITY FROM THE KERN RIVER. GENERAL GOVERNMENT SUPPORT LEGISLATION WHICH EXPANDS THE CITY'S ABILITY TO DEAL ON A STATE LEVEL WITH STATE-MANDATED ISSUES AFFECTING THE FINANCIAL CONDITION OF THE CITY. SUPPORT LEGISLATION WHICH ENHANCES MUNICIPAL CONTROL OVER PROGRAM SCOPE, IMPLEMENTATION, AND FUNDING. SUPPORT LEGISLATION WHICH PROVIDES FOR EQUITABLE DISTRIBUTION OF STATE FUNDS FOR CITY PROGRAMS. SUPPORT LEGISLATION OR A CONSTITUTIONAL AMENDMENT THAT RETURNS LOCAL GOVERNMENT REVENUES PREVIOUSLY CAPTURED BY THE STATE AND LIMITS THE STATE'S AUTHORITY TO ACCESS REVENUES WHICH TRADITIONALLY FUND CITY SERVICES INCLUDING BUT NOT LIMITED TO PROPERTY TAX, VEHICLE LICENSE FEES, ~ SALES TAX, AND TRANSPORTATION FUNDS. SUPPORT LEGISLATION WHICH CONSOLIDATES SPECIAL DISTRICTS WITH OVERLAPPING JURISDICTIONS AND/OR RESPONSIBILITIES WHERE SUCH CONSOLIDATION IS CLEARLY OF BENEFIT TO THE CITY. OPPOSE LEGISLATION WHICH INTRUDES INTO THE CITY'S COLLECTIVE BARGAINING PROCESS AND RIGHTS. Page 2 of 3 FINANCES SUPPORT LEGISLATION WHICH ADVOCATES RESPONSIBLE AND REASONABLE STATE- MANDATED PROGRAMS IF REVENUES RE PROVIDED AND SUCH LEGISLATION IS OF CLEAR BENEFIT TO THE CITY. SUPPORT LEGISLATION WHICH PROMOTES CONTINUED DIVERSIFICATION OF THE LOCAL ECONOMY, SUPPORT LEGISLATION WHICH REDUCES THE NEGATIVE FINANCIAL AND OPERATIONAL IMPACTS OF TAX INCREMENT FINANCING ON AFFECTED AGENCIES, SUPPORT LEGISLATION WHICH IMPROVES CITY GOVERNMENT'S ABILITY TO FINANCE DISCRETIONARY PROGRAMS, SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S ABILITY TO FUND ITS CAPITAL INFRASTRUCTURE NEEDS, SUPPORT LEGISLATION WHICH PROMOTES THE USE OF LOCAL BANKS WHERE POSSIBLE AND LOCAL BRANCHES OF NATIONAL BANKS AND FINANCIAL INSTITUTIONS FOR CITY INVESTMENT, OPPOSE THE IMPOSITION OF FEES AT THE MUNICIPAL LEVEL TO FUND STATE. PROGRAMS NOT RELATED TO MUNICIPAL MATFERS, Page 3 of 3 CITY OF BAKERSFIELD 2004 LEGISLATIVE PLATFORM THE CITY OF BAKERSFIELD PROVIDES GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE. 'THEREFORE, IT IS INCUMBENT UPON ITS ELECTED OFFICIALS TO PROVIDE LEGISLATIVE LEADERSHIP ON ISSUES WHICH POTENTIALLY COULD IMPACT THE CITY OF BAKERSFIELD. THE FOLLOWING POLICY STATEMENTS REFLECT THE LEGISLATIVE PLATFORM OF THE CITY OF BAKERSFIELD FOR ~ 2004 BUT ARE NOT INTENDED TO COVER ALL AREAS OF LEGISLATIVE CONCERN. GENERAL POLICY STATEMENTS SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S LAND USE AUTHORITY/PUBLIC UTILITY AUTHORITY~ FISCAL AUTONOMY AND CHARTER CITY STATUS TO ALLOW DISCRETIONARY AUTHORITY OVER LOCAL, STATE AND/OR FEDERALLY MANDATED PROGRAMS IN ORDER TO ~v, , ~,,, L'~C',CLAT',O~ ......,,, ,,~,~", PROVIDES FOR GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE. '",,, ',D,'.~V£R ~T,~ .... ,,,~ .........., ~,,,~, , ~ ,~RCDUC.~ T: ).'- MCCI F_FFF_CT',V7_ A;~D F_FFICIF_;4T ,qF_$ULT. SUPPORT LF-CSLAT:C~4 ...... ~" MA:h'TA:;,'$ .... / ...... :A,*~CF_C TI I.~ ~"~" .......... D.~C',S',C~ MA'JI;,'C AUTI ',CP,',T';. SUPPORT LEGISLATION WHICH FOSTERS MUTUALLY ACCEPTABLE METHODS FOR CITIES AND COUNTIES AND OTHER PUBLIC AGENCIES TO WORK TOGETHER TO SOLVE ISSUES OF LOCAL CONCERN. ~"' '"~ w.~., F-L2CTRICIT',', ;,'ATURAL CAS, ....... ~ ....... / ,,, A COOT ."FF2~, ,V.~ MAr~r~£n. OPPOSE LEGISLATION WHICH ALLOWS STATE OR FEDERAL CONTROL OVER AND USE OF TRADITIONAL MUNICIPAL GOVERNMENT REVENUE SOURCES= OR TRADITIONAL MUNICIPAL AFFAIRS~ OR IMPACTS THE LOCAL ECONOMY DETRIMENTALLY. --, ,,-~ ~ ..... ,, ....... ,,,, ~ ..... ~ TO .... ~ .... OR F."D.%qAL COV£,q;,'MF_N~ ,,,, ....... CVrR TRAD',T',CNAL MUNICIPAL AFFAIRS. ,~, , ~ L'~CICLAT~C;~ ......... ,,, ,,,,,, DDT, 2,',M.~[;TALLY IMPACTS TI ',.~ LOCAL F_CC;;CMY. O720$[-. L.~G',$LAT',C2; TI ',AT ;'LAC."S CCVF_R;,'MD;T AC.";;C',F_S ',,q CCMP;_T;T;C;,' FOR L',MITF_D F~$CAL .......... OR ............................... R.~SPC~4$',D~L',T'; ,,~,-~ .... ~ ~,,,,,- .... ,~ ......... ~ ,,, ~ ....... WIT', PROV',D',2~C ................... Page 1 of 3 QUALITY OF LIFE SUPPORT LEGISLATION WHICH PROMOTES SAFE, EFFICIENT, COST EFFECTIVE, AND RESPONSIBLE MANAGEMENT OF THE ENVIRONMENTAL COMPONENTS OF ISSUES SUCH AS URBAN DEVELOPMENT, AIR QUALITY, WATER QUALITY, TRANSPORTATION, WASTEWATER TREATMENT, AND SOLID WASTE MANAGEMENT. SUPPORT LEGISLATION WHICH INCREASES CITY PARTICIPATION AND REPRESENTATION IN COUNTY, STATE AND FEDERAL ISSUES OF REGIONAL CONCERN:. , AND ON POLICY-MAKING BODIES WITH INTERJURISDICTIONAL POWERS. ........ '""' A:',:D .......... :";';OC,qAM8 ,qCr,~ESE~4TATIC~4 ^" · ,.,,., ,"'CLICY MAJC:',:C,.,,.,,.,,,..,., ...... WJT:; ,,,, ...., ,.-,qJU,q',SDJCT:Ch:AL ;"CWCRC ~,,...~.,/'- "' "",, ,,..'. OPPOSE LEGISLATION WHICH INCREASES THE COST OF OR ENDANGERS THE CLEAN, RELIABLE SOURCE OF WATER AVAILABLE TO THE CITY FROM THE KERN RIVER. 'GENERAL GOVERNMENT o ....... LrC',SLAT',C~ .................. ~, ,~ ~,~-,' ....... , r, ,~, '~" ............................... ADJL:T¥ ,....~ C~ A STATE ~,~ W',T: ' STATE MA~4DAT~D ....... AFFE~'~:C .......... ,~ .............. OF TI '~ ~'~' ~,,, PRCCRAMO. SUPPORT LEGISLATION OR A CONSTITUTIONAL AMENDMENT THAT RETURNS LOCAL GOVERNMENT REVENUES PREVIOUSLY CAPTURED BY THE STATE AND LIMITS THE STATE'S AUTHORITY TO ACCESS REVENUES WHICH TRADITIONALLY FUND CITY SERVICES INCLUDING BUT NOT LIMITED TO PROPERTY TAX, VEHICLE LICENSE FEES, AND SALES TAX, SUPPORT LEGISLATION WHICH CONSOLIDATES SPECIAL DISTRICTS WITH OVERLAPPING JURISDICTIONS AND/OR RESPONSIBILITIES WHERE SUCH CONSOLIDATION IS CLEARLY OF BENEFIT TO THE CITY, OPPOSE LEGISLATION WHICH INTRUDES INTO THE CITY'S COLLECTIVE BARGAINING PROCESS AND RIGHTS, Page 2 of 3 FINANCES SUPPORT LEGISLATION WHICH ADVOCATES RESPONSIBLE AND REASONABLE STATE- MANDATED PROGRAMS IF REVENUES RE PROVIDED AND SUCH LEGISLATION IS OF CLEAR BENEFIT TO THE CITY. SUPPORT LEGISLATION WHICH PROMOTES CONTINUED DIVERSIFICATION OF THE LOCAL ECONOMY~ AND USE OF LOCAL ECONOMIC RESOURCEs SUCH AS BANKS AND FINANCIAL INSTITUTIONS. SUPPORT LEGISLATION WHICH REDUCES THE NEGATIVE FINANCIAL AND OPERATIONAL IMPACTS OF TAX INCREMENT FINANCING ON AFFECTED AGENCIES, SUPPORT L.'"C, ICLAT',C;,' W', "'"" ',;',,',PROVES C',TY CCV.'-P,h~ME,%'T'C, A,.3IL',T',' TO D ', C C ,q ~'T, ', C ;','A,'3Y ,'",q CC ,"',AMC. ~UPPOP, T L.~CICLAT',O;; ...... ," ...........~ .... r,,~-,,,,, ................ ~ ........... AD',U,~,' TO FU~,'D '~ CA,~',TAL I;;,",qACT~UCTU,%'- ...... - S U,"',"'CRT L-"C:SLAT:C~'; ..... '" ..... ........ ,"'RCM,.,, r.O TI :.'- UO.'- ""- LOCAL DA~';]($ ........ ..... '""' ............ "' '" ...... ~' ................................. ~,, ,,~ ....... CITV OPPOSE THE IMPOSITION OF FEES AT THE MUNICIPAL LEVEL TO FUND STATE PROGRAMS NOT RELATED TO MUNICIPAL MATTERS. Page 3 of 3