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HomeMy WebLinkAbout02/15/1995 BAKERSFIELD .~Alaffj~_~dy_,y~tat. L TrUd Ci nager Randy Rowles, Chair Slate] Irma Carson Galen Chow AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITYEE Wednesday, February 15, 1995 4:00 p.m.. City Manager's Conference Room 1. ROLL CALL Members present: Councilmember Randy Rowles, Chair; Councilmember Irma Carson; and Councilmember Galen Chow 2. APPROVAL OF OCTOBER 6, 1994 MINUTES Minutes were approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. NATIONAL LEAGUE OF CITIES Item was deferred. FILE COPY Agenda Summary Report Legislative and Litigation Committee February 15, 1995 Page -2- B. GAS POWERED BLOWERS Item was deferred. 6. NEW BUSINESS A motion was made and passed to take the agenda out of order to accommodate members from the public. A. SET MEETING SCHEDULE/NEXT MEETING The next meeting was scheduled for Thursday, March 2, at 4:00 p.m., with only two items on the agenda: council residency and setting of meeting schedule. B. REVIEW OF PROPOSED RESOLUTION DELEGATING AUTHORITY TO PUBLIC WORKS DIRECTOR OR HIS DESIGNEE TO APPROVE PLANS AND SPECIFICATIONS AND NOTICES OF COMPLETION AND ACCEPTANCE OF WORK PERFORMED The Committee directed staff to forward the proposed ordinance to Council with an administrative report explaining the issue of discretionary decisions immunity, informal process used by Council and staff regarding appeals, and indicating that information on plans and specifications would be available for Council through a regular monitoring system. C. REQUEST FROM KERN INDUSTRY COALITION FOR COUNCIL TO ADOPT A RESOLUTION SUPPORTING THE USE OF A NEIGHBORING BUSINESS ACTIVITY STATEMENT Discussion ensued on the intent of the Kern Industry Coalition in requesting the resolution as well as background history surrounding the Coalition's request from the Board of Supervisors for a similar resolution. It was indicated that the request simply states that the Neighboring Business Activity Statement is a good idea, that the City does not incur any liability from it, and that it serves as an encouragement to bring interested parties involved in development together. The Neighboring Business Activity Statement is not a mandate of any kind upon anyone nor would be the resolution supporting the statement. Committee members felt supportive of the resolution, asked staff to modify it to concur with City resolutions and moved to forward the amended resolution to the Urban Development Committee with its support. Agenda Summary Report Legislative and Litigation Committee February 15, 1995 Page -3- D. REVIEW OF CULVER CITY GRAFFITI ORDINANCE AND OTHERS FOR POSSIBLE USE WITH MODIFICATIONS IN BAKERSFIELD. REVIEW FEASIBILITY OF PROHIBITING GRAFFITI OFFENDERS FROM OBTAINING A DRIVER'S LICENSE BEING INCLUDED IN THE ORDINANCE The Committee reviewed a Culver City graffiti ordinance, and a general discussion ensued on state as well as local laws regarding graffiti. The City Attorney indicated that the City's existing ordinance is generally very good. Certain driver's license restrictions are also part of state law. The Attorney General is expected to come out with an opinion on various graffiti issues within six months. Committee and staff concerns centered on court determination of graffiti fines and levies, reasonable time frames for responding to city dictates regarding cleaning up of graffiti, and how to get property owners who are repeated victims of graffiti to become more active in removing graffiti themselves rather than asking the city to do so. The City Attorney was asked to clarify the scope of state law and to outline possibilities available for Bakersfield. Committee members agreed that more information is needed. E. REVIEW OF BELLFLOWER CURFEW ORDINANCE AND OTHER HELPFUL ORDINANCES IN REDUCING JUVENILE CRIME A review of the City of Bellflower curfew ordinance resulted in a request to staff for further research on juvenile crime. Committee members were sensitive to needs of minors to be out past curfew for legitimate reasons and recognized a trend in other communities for later curfew times. The Chief of Police will complete an assessment of current curfew laws, review information on cost recovery systems, and will list possible remedies which would be effective in Bakersfield. F. COUNCIL RESIDENCY ORDINANCE The City Attorney handed out a revised proposed ordinance relating to continuous residence of Councilmembers in their ward. Discussion included the issue of clarity and the feasibility/applicability of requesting a charter revision, and the need for a timely response to Council. Committee member Carson indicated that this particular section of the Charter had been changed previously, and the City Attorney was asked to research the history behind the change to the section. Staff will obtain information on costs of holding an election in conjunction with other ballot issues (possibly the mayoral election) and report back to the Committee. Staff will draft a charter amendment as well. Staff were asked to indicate Committee's continuing research in an administrative report. · Agenda Summary Report Legislative and Litigation Committee February 15, 1995 Page -4- G. LEGISLATIVE PROCESS/LEGISLATIVE PLATFORM Staff very briefly recapped the Committee's involvement with the City's Legislative Platform as well as timing for responses to the League's request for input on annual resolutions. It was felt this could be a recurring issue on the Committee's agenda. 7. ADJOURNMENT The meeting adjourned at 5:50 p.m. Staff present: City Manager Alan Tandy; City Attorney Judy Skousen; Chief of Police Steve Brummer; Public Works Director Raul Rojas; Administrative Analyst Trudy Slater Others present: Glenda Anderson, Bakersfield Association of Realtors; Brian Todd, Bakersfield Association of Realtors; Jack Haddad, Bakersfield Association of Realtors; Liz Barker, The Bakersfield Californian; Barbara Don Carlos, Building Industry Association TTS:jp