B A K E R S F I E L D

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1 B A K E R S F I E L D Staff: Steven Teglia, Assistant City Manager Chris Gerry, Administrative Analyst III City Council Members: Terry Maxwell, Chair Jacquie Sullivan Chris Parlier 1. ROLL CALL Special Meeting of the Legislative and Litigation Committee of the City Council City of Bakersfield Tuesday, February 17, :00 p.m. City Hall North First Floor, Conference Room A 1600 Truxtun Avenue, Bakersfield CA A G E N D A 2. ADOPT NOVEMBER 17, 2014 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. NEW BUSINESS A. Discussion and Committee Recommendation regarding the Feasibility of Modifying the City Charter regarding Employment of the Police Chief Gennaro/Tandy/Williamson B. Discussion and Committee Recommendation regarding the Feasibility of Modifying the Municipal Code to allow for Remote Caller Bingo Gennaro C. Discussion and Committee Recommendation regarding Adoption of the 2015 Committee Meeting Schedule - Teglia 5. COMMITTEE COMMENTS 6. ADJOURNMENT

2 B A K E R S F I E L D /s/ Steve Teglia Staff: Steven Teglia Assistant City Manager Committee Members Terry Maxwell, Chair Jacquie Sullivan Russell Johnson REGULAR MEETING OF THE LEGISLATIVE AND LITIGATION COMMITTEE Monday, November 17, :00 p.m. City Hall North Conference Room A 1600 Truxtun Avenue Bakersfield, CA The meeting was called to order at 12:00 p.m. 1. ROLL CALL Committee members: Councilmember Terry Maxwell, Chair Councilmember Jacquie Sullivan Councilmember Russell Johnson City Staff: Alan Tandy, City Manager Steve Teglia, Assistant to the City Manager Chris Huot, Assistant to the City Manager Christopher Gerry, Administrative Analyst City Manager s Office Caleb Blaschke, Management Assistant City Manager s Office Virginia Gennaro, City Attorney Joshua Rudnick, Deputy City Attorney Richard Iger, Associate City Attorney Doug McIsaac, Community Development Director Lt. Rene Chow, Bakersfield Police Department Tammy Davis, Animal Control Supervisor Bakersfield Police Department Debbie Scanlan, Development Associate Community Development Additional Attendees: Julie Johnson, Bakersfield Animal Control Center/SPCA Liz Keogh, Bakersfield Animal Care Center Volunteer Members of the Media

3 Legislative and Litigation Committee Meeting Agenda Summary Report Monday, November 17, 2014 Page 2 2. ADOPT SEPTEMBER 22, 2014 AGENDA SUMMARY REPORT The Report was adopted as submitted. 3. PUBLIC STATEMENTS None 4. DEFERRED BUSINESS A. Continued Discussion regarding the Mills Act Community Development Director McIsaac presented a slide show and gave a brief overview of the Mills Act, which is a State law that was enacted in The Act allows, but does not require, local governments to enter into contracts with owners of historic resources to provide for the preservation of those resources in exchange for a reduction in property taxes. Mandatory terms include that the property must be listed on a national, state or local register of historic resources; the contract must provide for ongoing maintenance and preservation of the building or resource; and the property must be inspected for compliance at least every five years. The contract has an initial term of 10 years; and on the anniversary date each year, one additional year is automatically added to the termination date. The contract is binding upon any subsequent owner of the resource. The contract can be canceled by either the owner or the City; however, the valuation of the property and taxes would revert back to the pre-contract value, and the contract itself would not terminate until the end of the remaining term. If the City cancels the contract for breach of terms, a penalty of 12.5% of the property s free market value is assessed against the owner. The County Assessor will use an established formula to determine the new valuation of property taxes. The savings over a base year will range from 40-60%. The reduction applies proportionately to all taxing entities. The City has a Historic Preservation Ordinance. Currently, there are 15 properties listed, although there are many more that would qualify. Nominations to be placed on the register may be made by the property owners or the City Council. The ordinance requires review and approval by the Building Division for any alternations. The program is voluntary. The criteria for consideration includes reflecting elements of the City s history; identification with an individual or event significant to the City s history; has characteristics of a historical style, type or period of construction; is representative work of a notable builder, designer, architect or artist; represents an established and familiar visual feature of a neighborhood or community; or is a significant archaeological or paleontological site. Preservation of the property is required. The exact terms of how the standards are enforced are determined by each City or County.

4 Legislative and Litigation Committee Meeting Agenda Summary Report Monday, November 17, 2014 Page 3 Committee member Johnson asked what property tax revenue the City has received for each of the 15 designate properties. Community Development Director said that information would have to be obtained. Committee member Johnson asked how many, of the 15, had expressed an interest in the Mills Act. Community Development Director answered that the owners of the Fox Theater and Hayden Building are interested. Committee Chair Maxwell stated that several houses in the Oleander area have plaques in front, and there is a business at 18 th and Q Streets that has a plaque, also, noting a designation. He asked how those were obtained. Development Associate Scanlan said that the Sunset-Oleander group performed a historical background of the area and prepared the plaques for those homes. The Kern Historical Society did the same thing in the Downtown area, and is currently working on plaques for other buildings Downtown. Committee Chair Maxwell asked if staff has contacted the Kern Historical Society to seek their input on the Mills Act. Community Development Director McIsaac said that staff has plans to contact them. Committee Chair Maxwell asked how many properties have been designated by both of those groups. Development Associate Scanlan said that only the properties designated by the City Council are listed on the local register. Committee Chair Maxwell said that it is important to reach out to both entities to encourage a cooperative effort. Community Development Director McIsaac said that the Historic Preservation Commission has been kept apprised of the discussion, and they will invite the Kern Historical Society to join the discussion. He noted that increased efforts to publicize the Mills Act would potentially generate more interest. Committee Chair Maxwell asked if there is any legal protection for a property that is on the local register that is in jeopardy of being removed by the construction of a capital project. Deputy City Attorney Rudnick said that the action could be appealed to the Historic Preservation Commission, and later the City Council.

5 Legislative and Litigation Committee Meeting Agenda Summary Report Monday, November 17, 2014 Page 4 City Attorney Gennaro noted that it is difficult to get removed from the list for environmental reasons, making it a disincentive for the property owner to apply for designation. Any change to the property must be evaluated to ensure the historic features are retained. City Manager Tandy also noted that the requirements to be listed on the National Historic Register can be onerous versus the requirements to be listed on the local register. Committee member Johnson said that if any property owner is interested in being listed on the local register, he would encourage staff to invite them to participate in the discussion when the required documents are drafted. If they are unwilling at this time, he suggested tabling the issue until such time that they are. He noted his agreement to inviting the Kern Historical Society to participate in the discussion. Committee member Maxwell asked staff to invite members of the Kern Historical Society to attend an upcoming meeting of the Historic Preservation Commission, and provide a short presentation on the Mills Act. B. Follow-up Report regarding Spay/Neuter Efforts Assistant to the City Manager Teglia reported that there has been a standing referral for the Committee to receive an update on the progress of field efforts and the incorporation of the shelter to Animal Control services. Mr. Teglia introduced Animal Control Supervisor Davis and SPCA Director Johnson, who is also the Director of the City of Bakersfield Animal Care Center (CBACC). Mr. Teglia also introduced Police Lieutenant Chow, who oversees the Animal Control Division. Lieutenant Chow presented a slide show that provided an overview of staffing, both in the field and at the CBACC; canvassing efforts; a history of the establishment of the CBACC; and proactive programs to promote responsible pet ownership, such as monthly and weekly clinics, microchip efforts, temporary and remote licensing programs, and the spay/neuter voucher program. New future proactive efforts were also covered. The information detailed statistics from the past year for impounds, adoptions, rescues and the number of animals that had been returned to their owners. Statistics from the efforts by Critters without Litters from the past year were also disclosed. Assistant to the City Manager Teglia reported that the proactive efforts have been very successful; many pet owners have complied with the requirements, and this has helped in decreasing total intake into CBACC. A suggestion had been made to adopt a mandatory spay/neuter ordinance. Staff recommends continuing with the efforts now in place, which includes educating many pet owners of their responsibilities, as they are proving to be successful. One component that would have to be considered with such an ordinance is the level of enforcement and resources that would be required.

6 Legislative and Litigation Committee Meeting Agenda Summary Report Monday, November 17, 2014 Page 5 There were no public comments. Committee member Sullivan said that she was very encouraged by the report. She directed staff create a brochure that would be distributed, listing some basic educational information about the leash law and other aspects of responsible pet ownership. Assistant to the City Manager Teglia reported that educational efforts are taking place at the shelter, schools, by Crime Prevention staff at Neighborhood Watch meetings, at the clinics, and by Critters without Litters. SPCA and CBACC Director Johnson said that counseling is provided during the adoption process and when a dog is returned to their owner. Assistant to the City Manager Teglia noted that the success of the program could not be possible without the efforts of the dedicated volunteers. He specifically mentioned Ms. Keogh, who volunteers at the clinics and the CBACC. Committee Chair Maxwell asked how relations were going with the County. SPCA and CBACC Director Johnson replied that the working relationship is very positive; both staffs cooperatively collaborate on a regular basis. Committee Chair Maxwell stated that one of the most positive things that resulted from the separation from the County is that there are now two successful facilities, one on each side of town. He added that staff provided a great report. 5. COMMITTEE COMMENTS Committee member Sullivan requested that staff provide a report to the Committee regarding the issue of squatters. City Attorney Gennaro said that her office would provide a report at a future meeting. Committee Chair Maxwell said he liked the idea of creating a brochure for pet owners, as it would be similar to the brochure that is being distributed related to burglar alarm systems. He thanked the other Committee members and staff for doing a good job, covering all of the issues that came before them. 6. ADJOURNMENT The meeting adjourned at 1:05 p.m.

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18 Legislative and Litigation Committee Calendar January 2015 Through December 2015 All meetings will be held at City Hall North, First Floor, Conference Room A Adopted: DRAFT Legislative and Litigation City Council Meetings Committee Meetings 3:30 Closed Session 12:00 p.m. 5:15 p.m. Public Session Holidays - City Hall Closed JANUARY FEBRUARY MARCH S M T W TH F S S M T W TH F S S M T W TH F S APRIL MAY JUNE S M T W TH F S S M T W TH F S S M T W TH F S JULY AUGUST SEPTEMBER S M T W TH F S S M T W TH F S S M T W TH F S OCTOBER NOVEMBER DECEMBER S M T W TH F S S M T W TH F S S M T W TH F S League of California Cities Annual Conference - September 30, October 2, 2015

19 The following slide show was presented at the Special Meeting of the Legislative and Litigation Committee on Tuesday, February 17, 2015

20 Legislative & Litigation Committee February 17,

21 A game of bingo in which the numbers or symbols on randomly drawn plastic balls are announced by a natural person present at the site at which the live game is conducted, and the organization conducting the bingo games uses audio and video technology to link any of its in-state facilities for the purpose of transmitting the remote calling of a live bingo game from a single location to multiple locations owned, leased, or rented by that organization, or as described in subdivision (o) of Section of the Penal Code. 2

22 An organization that is exempted from the payment of the taxes imposed under the Corporation Tax Law or Revenue and Taxation Code (specific sections identified). A mobile home park association. A senior citizens organization. Charitable organizations affiliated with a school district. 3

23 The organization conducting the game shall have been incorporated or in existence for three years or more. Shall be licensed for regular Bingo by City. Receipts of the game shall be used only for charitable purposes. The operation of bingo may not be the primary purpose for which the organization is organized. 4

24 Games shall not be conducted by any licensee on more than two days during any week, except one additional game each calendar quarter. No minors allowed to participate Remote caller bingo shall include only sites that are located within the state. Shall be open to the public and not limited to members of the authorized organization. No more than 750 players at a single location. 5

25 Overhead costs shall not exceed 20% of gross sales. The value of prizes awarded shall not exceed 37% of the gross receipts for that game. An organization can cosponsor a remote caller bingo game with one or more organizations under specific provisions. No more than 10 unaffiliated organizations/no more than 10 locations. 6

26 Local jurisdiction needs to have an ordinance authorizing Remote Caller Bingo. Organization must receive a license from local jurisdiction. Submit a Statement of Eligibility to Conduct Remote Caller Bingo to the DOJ Bureau of Gambling Control. The completed application will be considered by the California Gambling Control Commission at a regularly scheduled public meeting. Once authorized by the state the organization must provide DOJ and local law enforcement with at least 30-days advance written notice of its intent to conduct a remote caller bingo game. 7

27 State Department of Justice Bureau of Gambling Control Remote Caller Bingo Page: California Gambling Control Commission Page: Bingo Innovations of California: 8

28 Recommend the City take no action and not authorize Remote Caller Bingo in Bakersfield. Recommend the City take action to prepare an ordinance authorizing Remote Caller Bingo in Bakersfield per state statute. The ordinance can come back to Committee for review or can go straight to Council consideration. 9