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HomeMy WebLinkAbout09/17/1998 BAKERSFIELD Alanstaff: '~'r'~c~' '"'LY 'v"='y Slater nag Jacquielrma CarsonSUllivan' Chair Patricia DeMond AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Thursday, September 17, 1998 4:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 4:20 p.m. Members present: Councilmember Jacquie Sullivan, Chair Councilmember Irma Carson Councilmember Patricia DeMond 2. APPROVAL OF AUGUST 20, 1998 MEETING MINUTES Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None ADOPTED AS SUBHITTI!iD ~BRU~Y 18, 1999. Agenda Summary Report Legislative and Litigation Committee September 17, 1998 Page -2- 5. DEFERRED BUSINESS A. RESOLUTION ENCOURAGING THE BANNING OF SELF-SERVICE TOBACCO DISPLAYS Chairperson Jacquie Sullivan explained the proposed resolution urging a voluntary ban on self-service tobacco displays had been pulled from the Council agenda at the meeting of September 9 because the Tobacco Free Coalition of Kern had provided her with additional information indicating there had been no legal challenges to bans in other cities. She urged the committee to take a hard stand on easy-access tobacco displays. She added cigarette companies provided vendors with suitable displays where bans were in place. Additional information items from the Tobacco Free Coalition were handed out to the Committee and a short video played illustrating the ease with which under-age children could get cigarettes. Photographs of self-service displays were also passed around to the Committee. Dr. John Digges stated voluntary display bans had not worked in other communities and an ordinance leveled the playing field on tobacco sales. Upon questioning, Chief Assistant City Attorney Bob Sherfy stated a number of issues needed to be addressed, including: the immediate action of a resolution; mechanisms for enforcement; the need to carefully craft the ordinance to avoid the City's becoming a "test case" for challenges; pending court case which may influence such ordinances; and the need to be especially careful as the state and federal governments have numerous laws governing tobacco sales, advertising and related issues. Mr. Sherry indicated Pasadena, a city similar in size to Bakersfield, had an ordinance but was not yet enforcing it. That ordinance would eventually be enforced through Pasadena's health department, which is operated by the City of Pasadena and not the county. The consensus of the Committee was to move forward with the resolution, and members asked that it be placed on the next Council agenda as an item which arose after the preparation of the agenda. The administrative report to the resolution would explain the City was moving forward with crafting an ordinance banning self-service tobacco displays. Agenda Summary Report Legislative and Litigation Committee September 17, 1998 Page -3- The City Attorney's Office was further directed to begin working on a narrowly defined ordinance which would comply with the needs of the City. Mr. Sherfy was asked to contact the County to seek its involvement and to see if shared responsibility was an option. Dr. John Digges will disseminate to the community the resolution and a cover letter from the Mayor. Other community-based organizations could help as well. 6. NEW BUSINESS A. REVIEW AND RECOMMENDATIONS FOR LEAGUE OF CALIFORNIA CITIES PROPOSED RESOLUTIONS Administrative Analyst Trudy Slater indicated that recommendations had been received from department heads on most resolutions and explained the reasons for the various recommended positions. After discussion, the Committee directed staff to forward to the City Council the following positions for the 21 proposed League propositions: Approve: Resolutions 1, 2, 13, 14, 15, 19, 21 Approve as amended: Resolutions 5, 6, 8, 9, 10, 16, 17 Refer to appropriate policy committee for study: Resolution 18 Amend and refer to appropriate policy committee for study: Resolutions 11 No action: Resolutions 4, 7, 12, 20 Disapprove: Resolution 3 The recommendations will be placed on the September 23 Council agenda for Council approval and direction to the League Voting Delegate. 7. ADJOURNMENT The meeting adjourned at 5:12 p.m. Staff Attendees: Administrative Analyst Trudy Slater; Chief Assistant City Attorney Bob Sherfy; and Deputy City Attorney Virginia Gennaro Other Attendees: John Digges; Leslie Fiedler; Loren Hall; and Scarlett Sabin (P:~L&L~L980917. MIN)