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Home My WebLink About06/23/1997 R A K ER g F IEI, D Alan T, City ag( Staff: ~':'~yL~i;ter~ Jacquie Sullivan, Chair Irma Carson Patricia DeMond AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Special Meeting Monday, June 23, 1997 9:00 a.m. City Manager's Conference Room 1. ROLL CALL Called to order at 9:04 a.m. Members present: Councilmember Jacquie Sullivan, Chair Councilmember Irma Carson Councilmember Patricia DeMond 2. APPROVAL OF APRIL 10, 1997 MINUTES Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS None SF_21~:I~ER 10, 1997 APPROVED AS SUBNr~ED. FILE COPY Agenda Summa~ Report Legislative and Litigation Committee June 23,1997 Page-2- 6. NEW BUSINESS A. PERMIT FEES FOR JULY 4, 1997 FIRST ANNUAL LAKEVIEW FESTIVAL Administrative Analyst Trudy Slater explained that at the City Council meeting of June 11, 1997 a request had been received from Wesley Crawford for the City to waive the fees for permits, etc., for the First Annual Lakeview Festival on July 4, 1997. This request had been referred to the Legislative and Litigation Committee. Issues considered during a review of the request included reasons for establishing the fees in the first place, whether waiving the fee would be in the best interests of the community and to the overall benefit of the community; whether those requesting the waiver were organized not-for-profit agencies or other government agencies; and whether this would set a precedent for other agencies to solicit waiving of such fees. After several minutes of discussion, Mr. Crawford appeared at the meeting and indicated the proposed date had been changed, that his organization had funds for permit fees and insurance and, therefore, was withdrawing his request for City waiver of fees. B. UPDATE ON CURFEW ORDINANCE AMENDMENTS City Attorney Judy Skousen reported in 1995 the City had contemplated revising its curfew ordinance. At that time, however, the curfew ordinance was winding its way to the State Court, and it was felt that it was best to wait for a court determination prior to the curfew being modified. Since then, the City's curfew ordinance has been upheld at the State Court level. Recently San Diego's curfew ordinance was invalidated by the Federal Appellate Court. The City Attorney's Office is reviewing similarities between San Diego's ordinance and the City's ordinance. The City of San Diego has indicated it will not appeal its case to the U. S. SuPreme Court even if the cities who joined in the "amicus brief' (which the City of Bakersfield wrote) assisted with the cost. The City Attorney's Office has also reviewed the City of Arvin's curfew and feels that at this time the City should not institute a daytime curfew (prohibiting minors from being on the streets during school hours) as many of the cities who have adopted daytime curfews are currently in litigation. It was felt it is best to await the outcome of that litigation. Assistant Police Chief Bill Horton indicated that there had been discussion on extending the curfew to 11:00 p.m. on weekends and that he would Agenda Summary Report Legislative and Litigation Committee June 23, 1997 Page -3- be conferring with the Chief of Police on the issue. If it is determined such a change is desired by the Police Department, the proposed amendments would be brought back to committee. 7. ADJOURNMENT The meeting adjourned at 9:55 a.m. Staff Attendees: City Manager Alan Tandy; Administrative Analyst Trudy Slater; City Attorney Judy Skousen; Thida Chea, Student; and Assistant Police Chief Bill Horton Others Present: Wesley Crawford (P:\L&L\L062397,MIN)