HomeMy WebLinkAbout08/23/2004 B A K E R S F I E L D
Alan Tandy, C~ty Manager Sue Benham, Chair
Staff: Trudy Slater David Couch
Jacquie Sullivan
AGENDA SUMMARY REPORT
LEGISLATIVE AND LITIGATION COMMITTEE
Regular Meeting
Monday, August 23, 2004
1:00 p.m.
City Manager's Conference Room
1. ROLL CALL
Called to order at 1:07 p.m.
Members present: Councilmember Sue Benham, Chair
Councilmember David Couch
Councilmember Jacquie Sullivan
2. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL--EXPOSURE TO LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (b)(1)
OF GOVERNMENT CODE SECTION 54956.9: ONE (1) POTENTIAL CASE
No reportable action taken.
B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
CLOSED SESSION PURSUANT TO SUBDIVISION (a) OF GOVERNMENT
CODE SECTION 54956.9:
· JACOBSON V. HERMAN, UNITED STATES DISTRICT COURT CASE
NO. CF-F-02-5973-DLB
· NORTH KERN V. KERN DELTA, TULARE COUNTY SUPERIOR COURT
CASE NO. 96-172919
· BFLO V. COB, USDC CASE NO. CIV. F-03-5645 REC TAG
No reportable action taken.
3. ADOPT JULY 12, 2004 AGENDA SUMMARY REPORT
Adopted as submitted.
Agenda Summary Report
Legislative and Litigation Committee
August 23, 2004
Page 2
4. PUBLIC STATEMENTS
None.
5. NEW BUSINESS
A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO AN
ORDINANCE REQUIRING UTILITY COMPANIES TO MAINTAIN THEIR JUNCTION BOXES
City Attorney Virginia Gennaro explained the City's current policy is to remove graffiti from utility
company junction boxes without restitution for services provided. Ms. Gennaro indicated it was felt
that property owners shouldn't be assessed cost recovery fees for graffiti removal when they had
already been damaged by graffiti vandals. City Manager Alan Tandy indicated the City would end
up spending more time in cost recovery analysis and reimbursement solicitations than it would cost
to simply remove the graffiti. Some utilities do provide assistance to the City for these services.
Those who do not allow the City to clean the boxes are generally fairly quick in removing the graffiti
themselves.
Councilmember David Couch indicated he thought the cable companies should be asked to
participate in assisting the City in graffiti removal from their boxes. Councilmember Jacquie
Sullivan wanted residents to know the City is not backing off the graffiti issue.
After review, the Committee felt no further action was needed.
B. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING
ORDINANCE CHANGES RELATING TO SMOKING REGULATIONS IN ENCLOSED SPACES
City Attorney Gennaro explained the proposed City ordinance would tighten a loophole in state law
which allows different interpretations and concerns as to mixed uses such as tobacco and alcohol in
enclosed spaces.
Committee Chairperson Benham indicated she felt the proposed ordinance was overly broad and
would put an existing business out of existence. After discussion, staff was directed to look at
alternative proposals/ideas and bring back to the Committee for further discussion in a couple of
months.
C. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO LEAGUE
ANNUAL CONFERENCE VOTING DELEGATE AND ALTERNATE
Administrative Analyst Trudy Slater explained the Legislative and Litigation Committee normally
recommends to Council a Voting Delegate and Alternate to the League Annual Meeting. The
Council-appointed Voting Delegate forwards the Council's directives relating to the League's
resolutions at the General Assembly business meeting at the annual conference. Upon the
Committee's request, Councilmember Jacquie Sullivan agreed to serve as Voting Delegate.
Councilmember Mark Salvaggio will be recommended as Alternate. Recommendations will be
presented to Council at its meeting of September 8.
Agenda Summary Report
Legislative and Litigation Committee
August 23, 2004
Page 3
D. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO
PROPOSED LEAGUE RESOLUTIONS
Ms. Slater briefly discussed the League's two proposed resolutions for the League Annual
Conference. A staff review of the first resolution, dealing with Bylaws changes, revealed nothing
that would be a negative to the City of Bakersfield. The resolution had passed a Bylaws Committee
review, an Administrative Services Committee review, and had been approved by the League
Board for placing before the League members. Staff recommendation was a position of support.
The second resolution encourages cities to embrace policies that facilitate activities that promote
healthier lifestyles, including healthy diet and nutrition and adopt city design and planning principles
that enable citizens to undertake exercise with the goal of achieving a more active and healthy
community. Staff recommendation was a position of support.
After further discussion, the Committee unanimously supported staff's positions of support. The
Committee recommendations will be forwarded to Council for action at its meeting of September 8.
6. COMMI'I-rEE COMMENTS
None.
7. ADJOURNMENT
The meeting adjourned at 2:25 p.m.
Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater; City Attorney Virginia
Gennaro; Assistant City Attorney Bob Sherfy; Deputy Fire Chief Kirk Blair, Director of Prevention
Services Ralph Huey; Public Works Director Raul Rojas, General Services Superintendent Steve
Hollingsworth
Others Present: Tammy Brown, James Burger