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HomeMy WebLinkAbout08/20/1998 BAKERSFIELD Alan Ta , City__~Manager Jacquie Sullivan, Chair Staff: T later Irma Carson Patricia DeMond AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Thursday, August 20, 1998 4:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 4:12 p.m. Members present: Councilmember Jacquie Sullivan, Chair Councilmember Irma Carson Councilmember Patricia DeMond 2. APPROVAL OF JUNE 18, 1998 MEETING MINUTES Approved as submitted. 3, PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS None. Agenda Summary Report Legislative and Litigation Committee August 20, 1998 Page -2- 6. NEW BUSINESS A. LEAGUE VOTING DELEGATE AND ALTERNATE TO ANNUAL CONFERENCE Administrative Analyst Trudy Slater explained that as an important part of the League of California Cities Annual Conference each member city is asked to designate a Voting Delegate and an Alternate who will be present at the Business meeting. Through its Delegate, each city has one vote on matters affecting municipal and/or League policy. The City Council typically makes appointments from among those elected leaders attending the Annual Conference. Committee members Irma Carson and Jacquie Sullivan indicated they would be attending the League meeting after the celebrations for the opening of the Bakersfield Centennial Garden. After discussion, the Committee recommended that a recommendation be forwarded to Council to have Irma Carson appointed Voting Delegate and Jacquie Sullivan appointed as Alternate. The appointment of the Voting Delegate and Alternate will be placed on the September 9, 1998, Council agenda in order to comply with the League's request for a response by September 18. B. CLEANUP LEGISLATION: HOUSE NUMBER CURB PAINTING; SEISMIC SURVEY ACTIVITIES; AND PARADES Chief Assistant City Attorney Bob Sherfy explained that the requested changes in the three ordinances before the Committee at this time were part of the City's on- going efforts to try to maintain the same general format across different ordinances. Changes in the ordinances related to: requiring weekly instead of daily reports in the curb painting ordinance; no posting requirements on equipment in the seismic survey ordinance; and no less than two working days notice in the parade ordinance. After several Committee questions and comments, the Committee directed staff to send a courtesy copy of the proposed changes in the parade ordinance to Harvey Hall as he was the individual who was most involved with parades in downtown Bakersfield. A motion was made, seconded and passed to forward the proposed ordinances to Council for approval. Agenda Summary Report Legislative and Litigation Committee August 20, 1998 Page -3- C. TOBACCO FREE COALITION REQUEST REGARDING SELF-SERVE TOBACCO DISPLAYS Administrative Analyst Trudy Slater explained that the City Council had on July 17 referred to the Committee the Tobacco Free Coalition's request for a ban on self- service tobacco displays in the City. She indicated the Coalition was a group committed to reducing tobacco use in the county, and one of its goals was to provide information to the public and policy makers on tobacco-related health issues. Ms. Scarlett Sabin, of the American Heart Association 'and the Tobacco Free Coalition, spoke regarding the Coalition's desire to have Bakersfield ban self-service tobacco displays as has been done by Shafter and other cities. She indicated that banning self-service displays meant removing open racks of tobacco so that all tobacco sales would require the assistance of the store clerk. She further stated that banning self-service displays was an important step in discouraging teens from experimenting with tobacco, both by limiting opportunities for shoplifting and requiring purchaser identification. Ms. Sabin thanked the Committee for allowing them to speak on the issue. Upon questioning by the Committee, Chief Assistant City Attorney Bob Sherfy responded that research had indicated there were several cases in the courts, including one in the 9th Circuit which would apply to Bakersfield. Waiting until an opinion was published was desirable to avoid Bakersfield's becoming a test case. Although court case lengths varied greatly, Bob estimated some kind of published opinion should be available in six to twelve months. Leslie Fiedler, Kern County Health Department and Tobacco Free Coalition indicated in the last two days the Coalition had visited 76 Bakersfield stores. Their definition of a self-service display was any rack where tobacco could be picked up, even on the counter, without the assistance of the store clerk. Almost 80% of the stores visited had some type of self-service display of a tobacco product. After discussion among Committee members who were supportive of the group's educational efforts relating to tobacco, Committee member Patricia DeMond moved that the Committee forward to Council a Council resolution indicating policy support of a ban on self-service tobacco displays. A letter from the Mayor was to act as a cover letter. Committee member Irma Carson seconded the motion, and staff was instructed to place it on the September 9 Council agenda. Agenda Summary Report Legislative and Litigation Committee August 20, 1998 Page -4- Committee members encouraged the groups to distribute the resolution and letter to affected businesses through their volunteers and youth groups. Further recommendations included suggestions for the groups to obtain media coverage, possibility involving the Mayor or recognizing businesses for their efforts. 7. ADJOURNMENT The meeting adjourned at 4:49 p.m. Staff Attendees: Administrative Analyst Trudy Slater; Chief Assistant City Attorney Bob Sherfy; Deputy City Attorney Virginia Gennaro; Treasurer Bill Descary Other Attendees: John Digges;Jennifer Henry, American Cancer Society; Jillian Hallman; Leslie Fiedler; Ralph Anthony; LaMesha Doak; Tahra Gorayah; Scarlett Sabin (P:\L&L\L980820.MIN