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Home My WebLink About09/07/2005 B A ~K E R S F I E L D <'"'-" Zack Scrivner, Chair Sta~ John W. Stinson Sue Benham For: Alan Tandy, City Manager David Couch AGENDA SUMMARY REPORT SPECIAL LEGISLATIVE AND LITIGATION COMMITTEE MEETING Wednesday, September 7, 2005 4:30 p.m. City Manager's Conference Room, Suite 201 Second Floor - City Hall, 1501 Truxtun Avenue, Bakersfield, CA 1. ROLL CALL Called to Order at 4:35 p.m. Present: Councilmembers Zack Scrivner, Chair; Sue Benham; and David COuch 2. ADOPT AUGUST 29, 2005 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS 4. NEW BUSINESS A. Committee recommendation on City voting delegate and alternate to the League of California Cities Annual Conference Assistant City Manager Stinson explained the Committee usually makes a recommendation to the Council on the voting delegate and alternate voting delegate who will be attending the League Annual Conference. At the current time, the only Councilmember with reservations to attend the League Annual Conference is Councilmember Scrivner. The City Attorney and the City Clerk will both be attending; however, the City Clerk has other meeting commitments. Committee Member Benham made a motion the Committee recommend Councilmember Scrivner as the League voting delegate and City Attorney Gennaro as the alternate voting delegate. The Committee unanimously approved the motion. LEGISLATIVE AND LITIGATION COMMITTEE AGENDA SUMMARY REPORT Wednesday, September 7, 2005 Page 2 B. Review and Committee voting recommendation on the League of California Cities' annual resolutions 2005 ANNUAL CONFERENCE RESOLUTIONS (1) RESOLUTION RELATING TO PUBLICATION OF HOME ADDRESSES AND TELEPHONE NUMBERS OF ELECTED AND APPOINTED OFFICIALS The Public Safety Officials Home Protection Act of 2002 amended State law to prohibit the posting of the name, address or telephone number of any elected official, or the official's residing spouse or child, on the Internet knowing that the person is an elected official and intending to cause imminent bodily harm to that individual. This resolution would resolve that the League would support legislation to simply extend protection to elected officials that currently exists for the Internet to newspapers and other periodicals. Committee Member Benham made a motion the Committee recommend a position of support. The Committee unanimously approved the motion. (2) RESOLUTION RELATING TO PUBLIC'SECTOR MENTORING PROGRAM Assistant City Manager Stinson explained most of the mentoring programs are all already in place and this resolution basically is for the League to show support for the mentoring program. Committee Member Benham made a motion the Committee recommend a position of support. The Committee unanimously approved the motion. (3) RESOLUTION RELATING TO THE AHWAHNEE WATER PRINCIPLES FOR RESOURCE-EFFICIENT LAND USE Water Resources Manager Core was not able to attend today, but recommended the City not support this resolution or take a neutral position. Some of the principles are good; however, some would impact the local control the City has on its water resources. The City of Bakersfield had foresight many years ago to plan for water resources. The background information provided by the League states the principles "address the disconnect between local land use deciSions and water resources." This may pertain to some cities, but does not reflect and is not true for the City of Bakersfield. Committee Chair Scrivner stated the City's Legislative Platform has a position that the Council not support any legislation that erodes local control. LEGISLATIVE AND LITIGATION COMMITTEE AGENDA SUMMARY REPORT Wednesday, September 7, 2005 Page 3 City Attorney Gennaro expressed these principles call for supporting policies and conditions on building the City does not currently require and would give the impression these are policies the City wants implemented at the local level and currently this is not true. Committee Member Benham made a motion the Committee recommend opposition to this resolution. The Committee unanimously approved the motion. (4) RESOLUTION RELATING TO VOLUNTARY STATEWlDE RESIDENTIAL GREEN BUILDING GUIDELINES This resolutiori would support the voluntary goals of the "green building" concept, design and strategies designed specifically for the residential building industry. City Attorney Gennaro explained this is voluntary and would not change any · functions in the City. Committee Member Benham made a motion the Committee recommend a position of support. The Committee unanimously approved the motion. (5) RESOLUTION RELATING TO THE URBAN ENVIRONMENTAL ACCORDS ADOPTED AT UNITED NATIONS WORLD ENVIRONMENT DAY The Urban Environmental Accords were developed as part of United Nations World Environment Day 2005 and signed in San Francisco on June 5, 2005. This resolution would resolve that the League of California Cities at its Annual Conference in San Francisco call to action all California mayors to sign the Urban Environmental Accords and collaborate to implement the Accords. Committee Chair Scrivner expressed there are sections that call for reductions in power usage in the City within seven years and other issues, for which the Council does not have control. Committee Member Benham made a motion the Committee recommend opposition to this resolution. The Committee unanimously approved the motion. (6) RESOLUTION RELATING TO SEXUAL PREDATORS SB 1051 would (1) prohibit a licensed community care facility receiving state funds and located within one mile of any school from accepting juveniles undergoing treatment, therapy, or counseling for sexual disorders, deviancy,, or sexual misbehavior of any kind; and (2) expand the lA mile distance restriction to one mile. Committee Member Benham made a motion the Committee recommend a position of support. The Committee unanimously approved the motion. LEGISLATIVE AND LITIGATION COMMITTEE AGENDA SUMMARY REPORT Wednesday, September 7, 2005 Page 4 (7) RESOLUTION RELATING TO PROPOSITION 172 Assistant City Manager Stinson explained this has to do with Proposition 172 funds, which primarily go to counties to backfill ERAF. Due to Legislation in 1996, the County of San Diego continues 'to draw 94.35% and the cities in San Diego County receive 5.65% of these funds even though San Diego County does · not have a fire agency nor significantly assist other local fire agencies in the unincorporated portions of the county. City Manager Tandy stated the information received from the League is not clear on whether this would affect the City of Bakersfield's share of ERAF. Staff recommended the Committee give Councilmember Scrivner discretionary power to check with other cities at the League Conference and vote accordingly. Committee Member Couch made a motion the Committee approve and forward the staff recommendation to the Council. The Committee unanimously approved the motion. (8) RESOLUTION RELATING TO BROADBAND INTERNET ACCESS This resolution would resolve the League support state and federal legislation to ensure the continued ability of local governments to offer broadband Internet service access to citizens. Committee Member Benham made a motion the Committee recommend a position of support. The Committee unanimously approved the motion. The Committee requested staff to prepare an administrative report for the September 28th City Council agenda. 5. 'COMMITrEE COMMENTS 6. ADJOURNMENT The meeting was adjourned at 5:00 p.m. Staff present: City Manager Alan Tandy; Assistant City Manager John Stinson; and City Attorney Ginny Gennaro cc: Honorable Mayor and City Council S:~C\05 Legislative&Litigation~l105 sept 07 summary.doc