HomeMy WebLinkAbout04/28/1994 B A K E R S F I E L D
Ala6 $andy, City/Manager Patricia M. Smith, Chair
Staff: Trudy Slater Patricia J. DeMond
Lynn Edwards
AGENDA SUMMARY REPORT
LEGISLATIVE AND LITIGATION COMMITTEE
Thursday, April 28, 1994
11:30 a.m.
City Manager's Conference Room
1. ROLL CALL
Members present: Councilmember Patricia M. Smith, Chair; Councilmember
Patricia J. DeMond
Member absent: Councilmember Lynn Edwards
2. APPROVAL OF APRIL 7, 1994 MINUTES
Approved as submitted.
3. PRESENTATIONS
None
4. PUBLIC STATEMENTS
None
FILE COPY
Agenda Summary Report
Legislative and Litigation Committee
April 28, 1994
Page -2-
5. DEFERRED BUSINESS
1. CITY OF PASADENA REQUEST FOR SUPPORT OF RESOLUTION
#7045 - ERADICATING RAMPANT VIOLENCE - NATIONAL LEAGUE OF
CITIES RESOLUTION ON STOPPING CRIME AND VIOLENCE IN OUR
CITIES AND TOWNS
Chief Steve Brummer handed out a compromise resolution to the one submitted
by the City of Pasadena indicating that Pasadena's resolution and similar ones
from other cities were drafted to support federal anti-crime legislation which has
become law. A resolution such as the one he handed out would make the City
of Bakersfield's position clear.
Committee members felt that more time was needed to review the proposed
resolution and that they would like staff to seek Council comments, thoughts and
input on the issue with a report back at the next meeting.
2. ANALYSIS OF PROPOSED ASSEMBLY BILL AB 2667 (McDONALD),
VEHICLES: FORFEITURES
Staff reviewing implementation and enforcement aspects of AB 2667 have found
that three of the four cities who have instituted vehicular seizure in connection
with acts of prostitution legislation have not implemented the program. Chief
Brummer indicated that City staff would be contacting local legislators to express
concerns about current law and its practical application. The Committee directed
staff to work with legislators to attain this goal.
6. NEW BUSINESS
A. CITY OF MODESTO REQUEST FOR SUPPORT TO AMEND STATE LAW
TO ALLOW CITIES TO IMPOSE FINANCIAL RESPONSIBILITY ON THE
PERPETRATOR AND THE PARENTS OF MINOR CHILDREN WHO
COMMIT ACTS OF GRAFFITI VANDALISM
The resolution from the City of Modesto making parents of minors who commit
acts of graffiti vandalism financially responsible for both restitution and a fine and
suggesting an administrative procedure that is outside an overburdened court
system was discussed as well as attached proposed legislation (New Government
Code S. 53069.4.). In response to a question regarding financial judgments,
Agenda Summary Report
Legislative and Litigation Committee
April 28, 1994
Page -3-
Deputy City Attorney Michael AIIford stated that money judgments under current
law apply to personal and real property. Committee members felt the resolution
needed further review and directed staff to evaluate ways to enhance current City
efforts. Staff was directed to forward the City of Modesto resolution to City
Council for review and response back to staff. Staff will provide Council with a
brief descriptor of what exists and what the resolution would change to facilitate
Council response.
B. PROCEEDINGS BEFORE THE PUBLIC UTILITIES COMMISSION
REGARDING MARZOLF VS, PACIFIC GAS AND ELECTRIC
Deputy City Attorney Michael AIIford requested guidance from Council as to the
direction Council wished the City Attorney's Office to follow on proceedings before
the Public Utilities Commission regarding Marzolf vs. Pacific Gas and Electric.
Council had authorized City Attorney's Office assistance to a local citizens group
who had a hearing at City Hall. Committee members expressed great sympathy
for the plight of the complainants. However, the issue has the possibility of
becoming a very costly, complex issue which will be heard out of town and a
significant burden upon the City Attorney's Office in terms of time and effort.
Committee members felt they could not support providing City Attorney's Office
support to private individuals when the City was not a party to the action.
Consequently, it was moved, seconded and passed that the City Attorney not
provide further support insofar as attorney services were concerned in the issue.
A report to Council will be made.
7. ADJOURNMENT
The meeting adjourned at 12:15 p.m.
Staff in Attendance: City Manager Alan Tandy, Police Chief Steve Brummer, Deputy City
Attorney Michael AIIford, and Administrative Analyst Trudy Slater.
TS:jp