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HomeMy WebLinkAbout09/18/2007B A K E R S F I E L D Staff: Rhonda Smiley City Council Members: Assistant to the City Manager / P.I.O. Sue Benham, Chair David Couch Jacquie Sullivan Special Meeting of the LEGISLATIVE AND LITIGATION COMMITTEE of the City Council -City of Bakersfield Tuesday, September 18, 2007 1:00 p.m. City Manager's Conference Room City Hall, 1501 Truxtun Avenue -Suite 201, Bakersfield, CA A G E N D A 1. ROLL CALL 2. ADOPT JULY 16, 2007 MINUTES 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Update on Plastic Shopping Bags -Kirkwood/Gennaro 5. NEW BUSINESS A. Review and Discussion of Parade Ordinance and Routes -Rector/Gennaro B. Review and Discussion of Urban Development Committee Report No. 1-95 regarding Sidewalk Repair Program 6. CLOSED SESSION A. Conference with Legal Counsel -Potential Litigation Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section 54956.9. (One issue.) 7. COMMITTEE COMMENTS 8. ADJOURNMENT • B A K E R S F I E L D R~ -~ Q Sue Benham, Chair Rhon Smiley, Pu 'c Information Officer David Couch For: Alan Tandy, City Manager Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Monday, July 16, 2007 - 1:00 p.m. City Manager's Conference Room -Suite 201 City Hall, 1501 Truxtun Avenue, Bakersfield, CA The meeting was called to order at 1:09:42 PM ROLL CALL Present: Councilmember Sue Benham; Chair Councilmember Jacquie Sullivan Councilmember David Couch Staff present: John W. Stinson, Assistant City Manager Rick Kirkwood, Management Assistant Ginny Gennaro, City Attorney Janice Scanlan, Assistant City Attorney Michael Richards, Associate Attorney Rhonda Smiley, Public Information Officer Kevin Barnes, Solid Waste Director Donna Kunz, Economic Development Director Stan Grady, Development Services Director Donna Barnes, Development Associate Bob Bivens, Bakersfield Police Department Howard Wines, Bakersfield Fire Department Others present: James Geluso, Bakersfield Californian Dianne Hardisty, Bakersfield Californian 2. ADOPT JUNE 5, 2007 MINUTES Adopted as submitted. 3. PUBLIC STATEMENTS None AGENDA SUMMARY REPORT Page 2 LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, July 16, 2007 4. DEFERRED BUSINESS A. Update on plastic shopping bags -Kirkwood Management Assistant Kirkwood gave a brief update on this issue. He explained the processes, programs, and laws that have been initiated throughout the state of California. Currently state law AB 2449 states that stores larger than 10,000 sq. ft. which contain a pharmacy be required to provide a recycling program. Committee Chair Benham would like to see that stores of this size, whether or not they contain a pharmacy, have this same requirement. Staff has been requested to conduct a study on the number of business that would be affected by this new law; the number of business that are already in compliance; and have a few affected business representatives attend and address this issue at the next Legislative and Litigation Committee meeting. 5. NEW BUSINESS A. Streamline Standards for Code Violations -Gennaro Per Committee member Couch's request, staff researched our current timeline for any possibility of shortening the amount of time given for code violation compliance. City Attorney Gennaro stated that the City currently offers the minimum amount of time for compliance, which is thirty days. If the property is causing a health and safety issue, then the City may require compliance before the thirty days occur. B. Explore Ordinance to Create Special Downtown District to Address Infrastructure Issues Similar to San Diego Gas Lamp Area, to Include Property Owners' Responsibilities regarding Windows in Unoccupied Commercial Buildings -Kunz Economic Development Director Kunz gave details of a survey that was taken on vacant commercial buildings in the downtown area. Many of the owners of these buildings are from out of town and have no interest in using or selling these buildings at this time. Beautification programs were looked into in order to address this issue. PG&E offers a grant program through the Kern Arts Council, which entails the painting of seasonal artwork on the windows of these buildings to improve the look on the pedestrian side. The buildings on Chester Avenue, with the highest profile, will be completed first to see how it works. The funding should be available by October, 2007. A report will be given to the Committee at the Legislative and Litigation meeting in October, 2007. AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, July 16, 2007 Page 3 In regards to the aging infrastructure downtown, one of the main development issues is the perceived lack of parking. Staff has worked with various business owners in the past to leave more public parking for customers rather than their employees. The previous parking study was conducted approximately five years ago. Staff will perform a new parking study. Some other issues in this area that need to be looked into are alley conditions, light fixtures, and damaged sidewalks. Once staff has conducted an inventory of these dilapidated areas, then a plan will be brought back to the committee on funding, material, and people in order to accomplish the necessary repairs. While waiting for various studies to be completed, Committee Chair Benham requested that staff look into having the alleys and sidewalks power washed in order to make a more immediate effect. Redevelopment money could not be used for the power washing; therefore, Public Works would need to be contacted regarding this request. Committee member Couch requested that staff strive to get a building with parking above and retail below. Economic Development Director Kunz stated that it can be done, but would require acquisition of a full city block and could not be done without some public assistance due to the cost. A report will be brought back to the Committee. C. Proposed Revision to the Historic Preservation Commission Ordinance - Kunz Development Associate Donna Barnes reported that staff was approached by the Historic Preservation Commission, who would like to get more recognition for some of our historic areas of town. A program offered through the City enables properties to be listed as a cultural resource. Currently, there are thirteen properties on the list. Many people choose not to list their properties, stating that it is too restrictive. Another recognition opportunity is to have a designated cultural district. There are none of these in our city. The Historic Preservation Commission is working on changing the current restrictions for properties listed as cultural resources or districts. The new laws would recognize the districts as historical, but the individual property owners would not be restricted regarding certain items on their property, such as a type of fence, etc. A Public Hearing would be held informing the residents of these neighborhoods of the plan to designate their districts as historic and explaining the whole process to them. The neighborhood's response would help determine whether or not this process would take place. .Committee member Couch requested that an appeal process be added to this ordinance, in the case that a resident disagreed with this designation. AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, July 16, 2007 Page 4 D. Review, Discussion and Recommendation Relating to League of California Cities Annual Conference -Smiley a. City Voting Delegate and Alternate(s) Rhonda Smiley was selected as the Voting Delegate and Pam McCarthy as the Alternate. b. Conference Resolutions There will be four resolutions. Depending on the content of these resolutions, staff recommends that they be presented at the City Council meeting of August 15, 2007 without any further review by the Legislative and Litigation Committee. If the resolutions require further Committee review, Committee Chair Benham recommends August 1, 2007 or August 21, 2007 as contingency dates for a Special Meeting. 6. COMMITTEE COMMENTS None 7. ADJOURNMENT 1:54:03 PM cc: Honorable Mayor and City Council ~ L F C#TY MANAGER'S OFFICE MEMORANDUM August 30, 2007 TO: Alan Tandy, City Idlanager FROM: Rick Kirkwood, Management Assistant SUBJECT: A8 2449 (Levine) Councilmember Benham requested staff research AB 2449 {Levine) and determine if. a local ordinance may be adopted to require all stores with 10,000 square feet of retail space to comply with the provisions of AB'2449. The provisions of AB 2449 .(Levine) became .operative on July 1, 2007. and will be repealed on January '1,..2013.... The intent ~f the Legislature is to encourage the use of 'reusable bags by consumers and retailers -and to reduce the consumption of single-use bags. The California Integrated Waste Management Board estimates that nearly 7,000 stores throughout California will be required to comply with AB 2449. Staff estimates that approximately. 30 stores within the city timi#s of Bakersfield. may. be required to comply with AB 2449.. The following serves as a summary of the provisions of AB 2449. Store is defrned by this bill as meeting either the definition of "store" as provided in the bill or "supermarket" as defined by Public Resources Code Section 14526:5: • A "Store" has over -ten. thousand (10,000) square. feet of retail space. and a licensed pharmacy. • A "Supermarket" is a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000),. or more; and which sells a lineof dry grocery, canned goods, or nonfood items and same perishable items.: Thebill.requires the following: • Plestic carryout bags shall have printed or displayed on the. bag "PLEASE RETURN TO A PARTICIPATING-STORE FOR RECYCLINr;". The operator of a store must establish an at-store recycling program where. consumers may return clean plastic ...carryout bags to a visible arx_i;1 easily accessible collection bin. Alan Tandy - AB 2449 (Levine) Augusf 30, 2007 Page 2 , • Manufacturers of plastic bags are required to implement a public .awareness program promoting plastic bag reuse and recycling and must make written materials available to store operators. • All plastic bags hall be ,collected, transported, and recycled in a manner that does not conflict with he local. jurisdicfton's source reduction and recycling element. . • The store shall maintain records of these activities for a minimum of three years and make them. available to the local jurisdiction, upon request,. to demonstrate compliance with this chapter. • The store shall make reusable bags available to customers fore purchase and use in-lieu of a plastic or paper bag. The City is pre-empted from adopting, .implementing., or enforcing an ordinance, resolution, regulation, or rule upon a store that is in compliance with AB 2449 to do any of the following: • Require a store to collect, transport, or recycle plastic bags; • Impose a .plastic carryout bag. #ee; and/or, • Require auditing or reporting .requirements that are in addition to what is required in AB 2449. How many stores will be affected by AB 2449 and :..how many are already in compliance? Attached to this memo: is a list of stores within the city limits of Bakersfield. There are nine (9) stores on this list that. meet the definition of "store" and must comply with AB 2449 because they have 10,000 square feet, or more, of retail space°and a pharmacy. The. other stores will have to comply if they meet the deftnition of "supermarket": A survey conducted by staff revealed that most of the stores, such as Albertson's, Food 4 Less, Green Frog Market, and FoodMaxx already ofFer a plastic bag take back and recycling program. May the City adopt an ordinance requiring establishments with 1 Q,000 square feet, or more, of retail apace and without a pharmacy to'comply with AB 2449? The City may adopt an ordinance requiring es#ablishments with 10,000 square feet of. retail space, or more, and that do not meetthe definition of "store" or "supermarket" to comply with the provisions of AB 2449. This may not be necessary based on the information. presented that "store" as defined in AB 244:9 covers the majority of the major grocers located in Bakersfield. It is interesting to note that there is no punishment for failure to comply. with AB 2449 unless the cities, counties, or state adopt the foAowing .civil penalties: five hundred dollars. ($500) for the first violation, one thousand dollars ($1,000) .for the second violation, and two thousand dollars ($2,000) for. the third and subsequent violations. It may be for this reason that stores must maintain records ofi activities.. related to its on- site plastic bag .recycling program and make them available to the local jurisdiction to demonstrate compliance. ~ BAKES - _ ,... w~+ . a. ~, f ti ~ r °9L °~~~ OFFICE OF THE CITY- ATTORNEY ~~ ~~~' ~ "~~~~ MEMORANDUM ~` - CITY ,~ July 18, 2007 TO: RICK KIRKWOOD, MANAGEMENT ASSISTANT FROM: JANICE SCANLAN, ASSISTANT CITY ATTORNEY SUBJECT: AB 2449 Pursuant to your request, I have reviewed AB 2449. It appears that local entities are only pre-empted from enacting ordinances which address specific issues. For example, section 42254(a) states that only matters involving "stores" are of statement concern and section (b) states that: Unless expressly authorized by this chapter, a city, county,. or other public agency shall not adopt, implement, or enforce an ordinance, resolution, regulation or rule to do any of the follows: (1) Require a store that is in compliance with this chapter to collect, transport, or recycle plastic carryout bags. (2) Impose a plastic carryout bag fee upon a store that is in compliance with this chapter. (3) Require auditing or reporting requirements that are in addition to what is required by subdivision (d) of Section 42252, upon a store that is in compliance with this chapter. (Emphasis added) So, the City can adopt an ordinance requiring establishments that do not meet the definition of "store" to recycle, and do the other things required by AB 2449. Additionally, the City can adopt the civil penalties set forth in AB 2449 when "stores" are not in compliance. It's interesting to note that there is no punishmen# for failure to comply with AB2449 unless the cities, counties or state adopts the civil penalty. So unless the city adopts the penalties, even the "stores" don't have to comply. JS:dll S:\Manager\MEMOS\07-08\ab2449.doc d c d to L >Z V O ti 0 O ~ N V !0 O ~ ~ t rn a Q U C f0 .Q O U rn N m Q O N ~_ O U c O _m J O N uN . aT N J L ` ~ 3 L °~ ~ L ~ L N ~ ~ ~ c~ c c~ ~ ~ Q ~ ~ ~ ~ ~ o c ~ ~ ~ ° U c a cv ~ ~ ~ ' ~ •« (n ~ ~ O L ~ L ~ L ~ m t... ~ y +J (6 O ''' Q~ L D C ~ ~ p `~- p ~' ~ c ca cv c c o ~ c U ~ c ~ ~ ~ c o O ~ N ~ •~ ~ ~ ~ ~ Q > 'O c C O ~~ '~ a> Q O c ~ O ~ c0 >' O = c C N ~ ~ ~ ~ • ' C m ~ ~ E ~ o a ~ ~ ~ ` O Y c ~ J ,~ ~ ' d U ~ U ~ m ~ J . ~ ~ CY U ~ F- J ~- ~- ~- Z ~ Z Z Z Z Z Z Z Z Z Z Z Z Z Z ~- ~ Z ~ Z ~ ~- Z Z I O O O O O O O O O O CO M Op M O O O I~ M O O W ~ N O O ~ O O r I~ M lf') ~ ~ ~ O O O O O O O O CO O ~ ~ ~ 07 O N O S I CO . 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'O y . '6 C O N U ai ~ !n (n N (n (n C ..U., O (Q f0 O r Q O ~ N ~ O ~ N O O ~ .Y O L C O N O O O O N i O ~ > (B C 0 C 0 C 0 C 0 C 0 7 0 ~ 0 > (6 E E - ~ Q Q Q Q - Q Q (D m U ~ (0 LL O lL O LL O LL O LL {~ U (n ~ ~ ~ > > ~ i- U (n (/7 (A e- N 'M ti' I.C) (0 I`- 00 ~ O ~- N 'M ~ l!7 (0 f~ 00 ~ O ~- N (`7 ~ lt7 (~ '~ 00 r ~- ~- r r r ~- r r ~- N N N N N N N N N L N O C ~ I~ Q ~ O N Z ~ Z II II it Q >- Z Z ~ ~ v v is t=o t0 !d t L as 3 3 d >~ L d Q Date: August 28, 2007 To: W. R. Rector, Chief of Police From: Lt. G. R. Moore, Traffic Section Subject: Parade Route Ordinance Three years ago the City of Bakersfield modified our Parade Ordinance to restrict parades within the City to five basic routes. After evaluating relevant statutes and surveying other cities we have determined that we would like to alter the ordinance in order to allow a sixth option. We propose to include the option of a route or routes, varying from the suggested list of five, which would be proposed by the permit applicant. These routes would be subject to the nine criteria listed in the current ordinance (MC 10.76.030 B), with our focus being the safety along the route and the ability to adequately staff personnel for the event. The permit request will be reviewed with regard to traffic safety, disruption of vehicular traffic patterns, and feasibility of staffing. If all of these are determined to be properly satisfied a cost estimate for the personnel shall be determined and attached to the permit which will be processed by the police department finance office. It is recommended an additional subsection be added to the Municipal Code to include an appeal process to the City Manager's Office for those applicants who are denied. Current Routes: The "L" Street corridor The "F" Street corridor The Truxtun Avenue corridor The East California Avenue corridor The Baker Street corridor Page 1 of 2 M.C. 10.76.0308 The traffic authority or his/her designee shall issue a parade permit conditioned upon the applicant's agreement to comply with the terms of such permit and if he/she finds: 1. That the application is complete and truthful; 2. That the parade will be conducted in accordance with all laws of the city and the state; 3. That the conduct of such parade will not require police protection in excess of what the city can reasonably provide; 4. That operation of the parade at such location will not present any substantial hazard to vehicular or pedestrian traffic, nor impede the movement of emergency vehicles; 5. That the applicant has not had a permit, issued under this section, revoked, unless the city manager finds that the reasons for such revocation are unrelated to this application; 6. That the parade is not being held for the sole purpose of advertising any products, goods, wares, merchandise or event; 7. That the conduct of the parade will not constitute an unreasonable burden on city employees or resources, nor create an unreasonable disturbance to the neighboring areas; 8. That the parade will move from its starting point to its finish line expeditiously; 9. That such parade will not interfere with, or conflict with, another parade or special event for which a permit has been issued or for which no permit is required. APP OVED D ORW RDED CHIEF OF POLICE Page 2 of 2 REDLINED ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF ~3~-KERSFIELD AMENDING SECTION 10.76.030 OF THE BAKERSFIELD MUNICIPAL CC1fDE RELATING TO PARADE APPLICATIONS. BE IT ORDAINED by the Co~incil of the City of Bakersfield as follows: SECTION 1. Sections 10.76.030 of the Bakersfield Municipal Code are hereby amended to read as follows: 10.76.030 Application-Issuance: A. Applications for permits Under this section shall be made on forms to be furnished by the city, shall be submitted no less than ten business days prior to the event nor more than ninety calendar days prior to the event, shall be signed under penalty of perjury by an authorized representative of the applicant organization and shall require the following information: 1. The name, mailing address, dnd telephone number of the organization applying for and conducting the parade and of the parade chairman; 2. The name of the parade, including names of each sponsoring or sanctioning organization; 3. Applicant's oronosed parade ro~~±e. Aouticants may re~u~st one of the five standard parade routes aeve~ ~uagested fay the traffic authority and set forth in the Bakersfield Police Department Parade Manual on file at the office of the traffic authority. ~ icants rraav~~lso propose a diifferenf parade _ _ ..~• • - • . e• _ _l.___~_ _iL ___ _1 __ section B. The.. suaa~sted parade 'routes Tl~e are generally identified as: a. The "L" Street corridor; b. The "F" Street corridor; c. The Truxtun Avenue corridor; d. The East California Avenud corridor; and S:\COUNCIL,\OrdsY~7-08 Ords\10.76.030amendrdlinparade-2.dx -- Wage 1 of 4 Pages -- REDLINED e. The Baker Street corridor. 4. The proposed date, starting time, and estimated completion time; 5. The location of the assembly area and of the disbanding area; 6. Proposed number and size of the units in the parade, including a description of any sound amplification equipmerif to be used; 7. Prior permits held by any r7amed organization and whether such permits were ever revoked or suspended and the reasons therefor; and 8. The business tax certificate number of the applicant organization, or letter granting tax-exempt status to the applicant organization. applicant's agreement to comp) tissue a parade permit conditioned upon the the terms of such permits "nrl .f ho/c•ho fi.,rle•. t:.. ...14 ~r:is. wr L.:w /{.:wr../ww:wwww wrw. 1. That the application is compete and truthful; 2. That the parade will be conducted in accordance with all laws of the city and the state; 3. That the conduct of such pairade will not require police protection in excess of what the city can reasonably provide; 4. That operation of the parade at such location will not present any substantial hazard to vehicular or pedestriah traffic, nor impede the movement of emergency vehicles; 5. That the applicant has not had a permit, issued under this section, revoked, unless the city manager finds that the reasons for such revocation are unrelated to this application; 6. That the parade is not being held for the sole purpose of advertising any products, goods, wares, merchar7dise or event; 7. That the conduct of the parede will not constitute an unreasonable burden on city employees or resources, rtbr create an unreasonable disturbance to the neighboring areas; 8. That the parade will move from its starting point to its finish line expeditiously; 9. That such parade will not interfere with, or conflict with, another parade or special event for which a permit has been issued or for which no permit is required. S:\COUNCII,\OrdsYJ7-08 Ords\10.76.030amendrdlinparade-2.dx -- Page 2 of 4 Pages -- B. The traffic authority or his/her designee shall examine each aonlicat'a~ rand REDLINED C. All permits issued pursuant to this chapter shall be valid only as to those dates, times, and locations listed on the permit, unless earlier revoked. Ii1 accp~d, D. Permits may be issued with conditions to ensure that the event will be operated in a safe and legal manner. Such conditions may include, but shall not be limited to: 1. The date, starting time, and maximum length of time during which the parade may be conducted; 2. The minimum speed and maximum speed of the parade; 3. The maximum space to be maintained between the units of the parade; 4. The maximum number of units to be permitted in the parade and the maximum size of such units; 5. The route to be taken by the parade; and 6. The maximum length of the parade. 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. -------00000- 5:\COLINCIL\Ords\07-08 Ords\10.76.030amendrdlinpazade-2.doc -- Page 3 of 4 Pages -- REDLINED HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield ~t a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER CA~iSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER 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: ANDREW WHANG Associate City Attorney S:\COUNCIUOrdsYJ7-08 Ords\10.76.030amendrdlinpazade-2.dce -- F~age 4 of 4 Pages -- / . CRY OF BAKERSFIELD URBAN DEVELOPMENT COMMITTEE REPORT NQ. 1-95 Febnrary Z2, 7995 T0: . . HONORABLE MAYQR AND MEM8ER5 OF THE CITY COUNCIL SUBJECT: SIDEWALK REPAJR PROGRAM There is a need to adopt a formal policy regarding sidewakK repairs and or replacement. While the California Street and Highway Code and Eakersfleki Municipal Code Chapter 1.40 indicates properly ownor responslbliiLy far sidewalks, it is very difficult t0 enforce such lodes. . The City of Bakersfield does clot have adequate resources to fully address - these Issues, however, a partial solution could be as folk~lAts; I• Enhance the current complaint ~vgrarn: a) Docuenern alt complaints on a standard form. . . bl DeFne what is considered asub-~stands~d sidewalk c) Set up different levels of sub-standard sidewalks and establish guideline$ fof each level. . . ~ • -Trivial defects wRl be addressed according to ttte situation. Z• 1 • to 2' offsets would be repaired using asphalt concrete to ramp the Tower slab t0 match'gx ht9hsr slab. .• URBAN OEVELOPMEN', COMMITTEE ~ . REPQRT N0.1-95 ' t=EBRUARY 72. '1995 ' . Page -7- - . 3• ?' or greater offsets would require the removal and replacement of the sidewalk d~ As budget Mows, make repairs as per established guidelines and documerrc repairs. While this is still the responsibility of the property owner. the Chy may considsr budgeting 575.000 to S10Q.000 for replacement of the more severe problems. II. Work with the Community Development Division to explore funding for the .new or replacement sidewalks utilizing ~' •~.- Community Development 81GCk Grant funds where appllCable. ill. Cause the property owners to remove the problems such as tre . e roots that damage the sidewalks, ~~ fie Committee recommends the ~ollcy outlined in this mpoR be implemented. UDC9-95.RPT A ado ~, h's F ~ ~ ° ADMINI~RATIVE REPORT L~' LEG ~ LIT COMMITTEE MEETING DATE: September 18, 2007 AGENDA SECTION: Closed Session ITEM: TO: Sue Benham, Chair David Couch Jacquie Sullivan FROM: Virginia Gennaro, City At4~~ney DATE: September 11, 2007 APPROVED DEPARTMENT HEAD ~~ CITY ATTORNEY, V~ SUBJECT: Conference with Legal Counsel -Potential Litigation Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section 54956.9. (One issue.) S:\COUNCIL\Committee\LEG & LIT107-08\ClSessAdmin.10-2-07.doc 9/11/2007 The following documents pertain to the: LEGISLATIVE & LITIGATION COMMITTEE meeting of Tuesday, September 18, 2007 at 1:00 PM. ~ °`~~ ~~~ ~ . ~+'~' ~ i ~ ty~1 I. Enhance the current complaint program: S a) Document all complaints on a standard form. 7 i 1° +n'fe mffc+n+c~ .~in~ ~li+ hn rnn~irnrl ~ ~c inn ~cr~h~l+ nnnnrn+n +n -7-C~~_..__ ____.__. Z~G IGOQIIGO o~i~w ~ rvzv~ ,~Tnor~nry~+nr nffc n+c~ ~~in~ ~Ir! rnrn lire +hn rvmn~iMl ~nr! ~YYaf.. wY1~} .........w .. ....... ....~.~.. .. ... YEri flTeTlt"'~7Y[tili ni~fQG7YLiRr ® ~) As budget allows, make repairs as per established guidelines and document repairs. While this is still the responsibility of the property owner, the City may consider budgeting '~- .@.~for replacement of the more severe problems. II. Work with the Community Development Division to explore funding for the new or replacement sidewalks utilizing Community Development Block Grant funds where applicable. III. Document efforts made to ~~~~ notify property owners te-rer~eve +hn nrnhl c o~ ~nh ~o +r n+o +h~+ rJ~m~nn oiiJn~ei~ILe of actions ~~~erx~~,~~~,-ee--rem ~.~ that cause damage. (such as -:over watering, shallow tree roots) and follow through with compliance. The Committee recommends the policy outlined in this report be implemented. Respectfully submitted, ~r~ Say~t Please keep California clean and do your part to minimize your impact on our natural resources. Reuse your grocery bag over and over until it is worn out. When it is done serving it's life out as y: a bag, please bring it to a participating store and place in the Plastic Recycling Bin. Your bag will then be recycled along side other ~4 plastics and lake it's way into our iter ways or land fills. RE~~CE... REUSE.. then RECY~~E~ CA STATE PLASTIC BAG PROGRAM (Store Associate Communication) Save-A-Lot is complying with the new CA State Law beginning July ~., 700y o be in compliance with 'the CA State Law Save-A-Lot is addin the words "PLEASE 9 RETURN TO A PARTI~PATING STORE FOR RECYCLING" to both the 3¢ and 10~ Mastic bags. The store will receive the replacement bags in lone and will ~eturn all of the existing bags to the SAL DC by June 30~`. n addition, we will pl~~ce a recycling bin (see picture below) in the front of :ach store for consu+~ers to recycle plastic bags. This is only for plastic bags NO TRASH). This wiU help the environment and prevent pfa~stic bags from Waking the way to the water ways or landfills. r ~~ f ~~; Save-a-Lot cares about the environment. _.:,~A~ ~:. That is why we offer high t~uality, {~ "~°~ recyclable bags to our customers. You can purchase as many bags as you rd need, reuse your bag over pand over until ~-~ it is won out, then bring it ~-ack to Save- RE~~ ``fi a-Lot for recycling. '; Your bag will then be recycled along side ~ other #4 plastics and never make it's way -into our water ways or landfills. Please keep California clean and d~~ your part to minimise your impact on our natural resources. Reduce...Reuse... then Recycles O ce the bin is full, the plastic bags will be returned to our distribution c rater for recycling. Alen, we will send the shrink wrap from our pallets and a y other plastic that is clean back to the distribution center. There will be a ditlonat cornmunlcati+~n forthcoming on the procedures for returning the p stie do the di~stribu#ion center. f you have any addltl~nnai +questions, please discuss them with your Store M~nager or Dlstrit# Manager. 1 ~f 1 Ce4 Mastic EE Camrn~ni~tiort !?6.11.07md Category moment: 5~~,~:i~c_~i~ PRVC~Ar~ ~~~~ Tooit Title: C+'aLI~RNIA PLASTIC BAG COMPI~ANC~/ RECYCLING Obi~+ctive: Tc~ provide Save-A-Lot Managers and Associ~rtes with the p~r~per policies and procedures to execute the CA Plastic Bag cr.~mpliance and recycling program in all CA stores by )uly 1, 21;107 dial Note: T~;:~ ALL SAL STARE MANAGEMENT AS.SQCIA't'ES The CA Plastic Bag/ Recycling Program CA Assembly Sill 2~1~49 requires retailers to comply wit~~~ new plastic bag requirements and recycfi ~g. Save-A-Lot will replace the existln~;# 3~ & 10~ bags to comply with this bill. S~:ive-A-Lac will also sell a reusable bag for consumers to purchase if they desire. Stores will recycle and return to the Distr ibutian Center all plastic bags from custorr~er returns and other plastic the store ~~enerates from deliverieJ. Our current plastic bags will be replaced to comply wii:li CA State Assembly Sill by adding specific wording to our plastic bags. "PLEASE i~tETURN TO A PARTICIPATING STORE f=OF: RECYCLING". Policy - Provide a recycling yin for customers to return their bags - Provide a reusable ilag for customers to purchase to use instE:.ad of a plastic bags. - Recycle the returnE'~i plastic bags by customer and/ar other recyclable plastic in house. 3~ ~ 10~¢ Plg~c,_&ahl~. - Save-A-Lot is comp ying with the CA State Assembly Bil! by re4~lacing the current 3~ & 10~ b~~,gs. These bags will have the specific wording necessary to comply with the ne+~v state regulation. s The store will have -:o retum all current plastic bags before Sul y 1 to the DC. See "CA Plastic Bag Program Memo 6.08.07" for details on thF~ handling of the return. - New bag item numl:;ers are: • 3Q bags ," 17593 • 10~ bags # 17582 1. of 3 CA Plastic Bag SAP A6.15.~17md ~eCYCie B~n: - Each store wiii receive a recycle bin from the DC. - Upon receipt, remove from box and follow instructions for assembly. - Discuss a location '~a place recycle bin in the front of store with your DM. - See layout below ~Ctr example of desired location. - For additional or replacement bins contact your DM. ,.~ _ -- M BRf~P Yxlir _ • O~OIt _R...~O ..~~T ONRY Ow - i ~eR6A1[ RiYW ~ ~r ~ ~ ~ iQ• i 1 7 .~ M ± ( . I T ` 4 y , i ~ ~ 4 ~ lIf'~jJ ~ ~ L1 *= r -r'.V ~ ~ ( l ~ CA ~ ~IC PRO7CC.TQt3 I ~ _ ~ ~w ^ ~ 111 1M ..~'-. a 18' OF ~ V[DE /SUND •~ --••- ^--- FR02CN .'BOO ta,~. ~ C~ ~• FTfift'll 1""""' ~i ~~ • ' ~(i F PRODUCE ORS R cle Bin LocatioN~- Near Entrance of store against the wnrail Bain Reotacement Baal (Recycle Can Liners: - After assembly of the bin is completed, insert a can liner into bin to collect the recycled plastic bags. - Only use these cen liners for reryciing purposes. - Ask your District M;~rtager for additional supply as needed - A reusable customer bag wiii be available for sale from the DG - Item # 3041 Pack ~QQ. Cofor Biue• - Retail is .99 - One case wiii be supped to stores automatically. - This is a requirement of the CA State Assembly i3ill. - Merchandise this bag on one side of the freezer bag display. Post Sign. - This item does 'not have a UPC# on the package. - A PI.U# has been s~.t up for this item. The number is ~3. - Inform ail associates- of this PLU#. - Order as needed ors your grocery truck. 2 of 3 CA Plastic Bag SAP O~i.15107md Pla+~+'ic Bao & Plas~~ ~ Giitta Proc~ed_ures: ~' - As the recycling bag Oils up, associates are responsible to replace the plastic i bag (can lin~;r) in tihe bin with a new bag. Each foil bag of recycled plastic bags should be checked for trash that is not acceptable to be recycled. OniY plastic can be recycled. Ehampies of items that can not be recycled in these bags are; '~ paper, food items, or cans, After removing any non-plastic items, tie the bag and place in the backraam in your designated area. - Additional plastic such as shrink wrap from incoming pallets of merchandise and plastic packaging from case merchandise can be recycled. - Associates respons~ibiiities when stocking are to separate plasiac from the. cardboard and trash, then place the plastic in the designated trash can for recycling. When the trash can is fuA, they need to be and place in the ' designated area for return to the DC. Then insert a new plastic bag in the trash can. - Return all "fled" plastic bags of recyclable plastic on the grocery truck. - Recyclable plastic ~~ould go back on every truck if you have tags ready to go back. Do not build wp recyclable plastic in your badcroom. ~ Communicate document named "CA Plastic Bag EE Communication 06.08.07" with associates by July 1, 2007. - Ensure recycle bin is kept in front of store with can liner insert. Empty recycle bin as needed. y Ensure recycle can liners are available for use in the recycle bin and the trash can in backroom. Ensure reusable ba±~s are available for the customers and displayed per instructions. ~~ - Ensure recycled pla~c is returned to the DC on each grocery delivery per policy. ~ Ensure that the ret~vned plastic to the DC is free of trash or roan-plastic items. - Ensure ail associates have read the associate comrnunicafion Ceocumentation. i Save-w-dot 3 of 3 CA Plastic Bag St7P 06.15.07md Page 1 of 1 Rhonda Smiley -Message from Citizen From: Amber Lawrence To: Rhonda Smiley Date: 9/ 18/2007 11:14 AM Subject: Message from Citizen Russ Kniffen cannot attend today's Leg & Lit meeting; but he wanted this message passed along. He's been to 4 different grocery stores. He believes that each store should accept plastic grocery bags from any other store or this "won't work." fle://C:\Documents and Settings\rsmiley\Local Settings\Temp\XPGrpWise\46EFB319CIT... 9/18/2007 PUBLIC STATEMENTS SPEAKER'S CARD Legislative and Litiaation Committee of the City Council Committee Meeting Date ~ ~ ~~=~ ~7 You are invited to address the Committee under Public Statements on any subject that is listed on the Committee Agenda. Public statements are limited to three (3) minutes per speaker. The Committee may, by simple majority vote, waive the time limit. No action will be taken; this Committee gathers information and reports back to the City Council. Please fill out a Speaker's Card and present it to the Committee Chair: Councitmember Sue Benham Name: !1~' /V L% Company/ ;~ ,~ / ~ ~~ ~ ~~ Organization: r ~ L! - y ~ ~ ~ ~ Address: ~ ~ ~ ~ ~" Phone: ~ ~ ~ ~ ~ ~ ~ Fax/e-mail ~ ~ 1 " ~ 7~v Subject: ` ~ ~ / c PUBLIC STATEMENTS SPEAKER'S CARD _ Legislative and Litiaation Committee of the City Council ~~-r.~~~ Committee Meeting Date ~~ You are invited to address the Committee under Public Statements on any subject that is listed on the Committee Agenda. Public statements are limited to three (3) minutes per speaker. The Committee may, by simple majority vote, waive the time limit. No action will be taken; this Committee gathers information and reports back to the City Council. Please fill out a Speaker's Card and present it to the Committee Chair: Councitmember Sue Benham /~ _----- Name 1'~ ~ ~ 1 ( f ~ ~ Company/ v '°° ~f Organization: ~1 S ~ l ? ~ ~- '~' Address: ~~~ ~ ~~ ~`7 Fax/e-mail: Phone: Subject: ~ 5 ~ ~ ~' U ~`~ t PUBLIC STATEMENTS SPEAKER'S CARD _ Leaislative and Litiaation Committee of the City Council Committee Meeting Date y~~y~o~7 -~ You are invited to address the Committee under Public Statements on any subject that is listed on the Committee Agenda. Public statements are limited to three (3) minutes per speaker. The Committee may, by simple majority vote, waive the time limit. No action will be taken; this Committee gathers information and reports back to the City Council. Please fill out a Speaker's Card and present it to the Committee Chair: Councilmember Sue Benham Name: ~ s d,P ~ ~ ~!~-"~~ Company/ /~~~ Organization: ~~~e-a°~ ~ uG1~,A. ~/ L~Yb Address: ~7/ 'p~~~~ - °- ~ 1~.~~J 5'33y 9 Phone: d~~78~ Fax/e-mail: Subject: f~ PUBLIC STATEMENTS SPEAKER'S CARD Legislative and Litiaation Committee of the City Council Committee Meeting Date ~ t - ~~~~ ~~° ~~~°i~ " l You are invited to address the Committee under Public Statements on any subject that is listed on the Committee Agenda. Public statements are limited to three (3) minutes per speaker. The Committee may, by simple majority vote, waive the time limit. No action will be taken; this Committee gathers information and reports back to the City Council. Please fill out a Speaker's Card and present it to the Committee Chair: Councilmember Sue Benham Name: ~ ~ ~.~ . ~' ~i-~-' ~' Company/ . r. ~ ~ Organization: ~~ ~ti rr~- ~~ -~~ x, •~, Address: ~ ? , v-• ~'v+ Ll 3, `J !! s~; ~ .~ 4~ , , i .. Fax/e-maiL• ate! •J -^~ Phone: t:;~ r~ t ~- '1 ~_ L' , ~.~ ~ ~ > ~ = ~ _~~~ F~y ,.~ ... ~ i r ~..... Subject: ~-'t ~t`~`'(' -='~ , ~ ~~ :.,~ LEGISLATIVE AND LITIGATION COMMITTEE Tuesday, September 18, 2007 ATTENDANCE LIST NAME ORGANIZATION '' CONTACT: Phonefe-snail ~~~~ ~- ~~~x ~ u~~rs ~~~~ C~1; ~r-•.. q„ 3 ~ s ~ ~ 3 ~b ~. u-w• C: 6~ $~.~c~er-.s ~:~Id 3z. to -3~ ~ c ~3 3~vE~.ls ~, ~ 32G_ ~SZ ~~h l ~~h ~hh `. /~~~i-/~c~ 03/-a~3~ Co'YT 4 ~ ~`-' ~ ~ ~jr2~.~. 'tv0 1~.o~.r-C~`~" ~,.Z.~.'- ~ y' Z, v ~s ~~ ~ ~~ -~ ~r ~3~- ~ h o f S-~cl '. ~s1;~ o ~ ~~ es ~ ~u~ 312 -~s" ~ ~ -~ ~~ ~'~ ,~ o ~ u z z R,~so ~~-7sos