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Home My WebLink About06/02/1994 g A K E R S F I E L D Patricia M. Smith, Chair Patricia J. DeMond Lynn Edwards Staff: Trudy Slater AGENDA L,'=GISLATIVE AND LITIGATION COMMITTEE .... ~'~ Thursday, June 2, 1994 12:15 p.m. City Attorney's Conference Room Second Floor - City Hall 1501 Truxtun Avenue Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF APRIL 28, 1994 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. CITY OF MODESTO REQUEST FOR SUPPORT TO AMEND STATE LAW TO ALLOW CITIES TO IMPOSE FINANCIAL RESPONSIBILITY ON THE PERPETRATOR AND THE PARENTS OF MINOR CHILDREN WHO COMMIT ACTS OF GRAFFITI VANDALISM B. CITY OF PASADENA REQUEST FOR SUPPORT OF RESOLUTION #704S ERADICATING RAMPANT VIOLENCE - NATIONAL LEAGUE OF CITIES RESOLUTION ON STOPPING CRIME AND VIOLENCE IN OUR CITIES AND TOWNS 6. NEW BUSINESS A. RESOLUTION SETrlNG FORTH A POLICY THAT ALL MOTIONS NEED A SECOND OR THAT NO MOTION NEEDS A SECOND B. RESOLUTION ESTABLISHING COUNCIL POLICY TO AUTHORIZE MEMBER(S) OF THE CITY COUNCIL TO ABSTAIN FROM VOTING ON MA'n'ER(S) PENDING BEFORE THE CITY COUNCIL C. ORDINANCE AMENDING SECTION 2.04.030 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PARLIAMENTARY LAW 7. ADJOURNMENT TS:Jp FILE COPY : B A K E R S F I E L D Ala6 Tandy, City/Manager Patdcia M. Smith, Chair Staff: Trudy Slater Patdcia J. DeMond Lynn Edwards AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Thursday, April 28, 1994 11:30 a.m. City Manager's Conference Room 1. ROLL CALL Members present: Councilmember Patricia M. Smith, Chair; Councilmember Patricia J. DeMond Member absent: Councilmember Lynn Edwards 2. APPROVAL OF APRIL 7, 1994 MINUTES · Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None Agenda Summary Report Legislative and Litigation Committee April 28, 1994 Page -2- 5. DEFERRED BUSINESS 1. CITY OF PASADENA REQUEST FOR SUPPORT OF RESOLUTION #7045- ERADICATING RAMPANT VIOLENCE- NATIONAL LEAGUE OF CITIES RESOLUTION ON STOPPING CRIME AND VIOLENCE IN OUR CITIES AND TOWNS Chief Steve Brummer handed out a compromise resolution to the one submitted by the City of Pasadena indicating that Pasadena's resolution and similar ones from other cities were drafted to support federal anti-crime legislation which has become law. A resolution such as the one he handed out would make the City of Bakersfield's position clear. Committee members felt that more time was needed to review the proposed resolution and that they would like staff to seek Council comments, thoughts and input on the issue with a report back at the next meeting. 2. ANALYSIS OF PRO.POSED ASSEMBLY BILL AB 2667 (McDONALD), VEHICLES: FORFEITURES Staff reviewing implementation and enforcement aspects of AB 2667 have found that three of the four cities who have instituted vehicular seizure in connection with acts of prostitution legislation have not implemented the program. Chief Brummer indicated that City staff would be contacting local legislators to express concerns about current law and its practical application. The Committee directed staff to work with legislators to attain this goal. 6. NEW BUSINESS A. CITY OF MODESTO REQUEST FOR SUPPORT TO AMEND STATE LAW TO ALLOW CITIES TO IMPOSE FINANCIAL RESPONSIBILITY ON THE PERPETRATOR AND THE PARENTS OF MINOR CHILDREN WHO COMMIT ACTS OF GRAFFITI VANDALISM The resolution from the City of Modesto making parents of minors who commit acts of graffiti vandalism financially responsible for both restitution and a fine and suggesting an administrative procedure that is outside an overburdened court system was discussed as well as attached proposed legislation (New Government Code S. 53069.4.). In response to a question regarding financial judgments, Agenda Summary Report Legislative and Litigation Committee April 28, 1994 Page -3- Deputy City Attorney Michael AIIford stated that money judgments under current law apply to personal and real property. Committee members felt the resolution needed further review and directed staff to evaluate ways to enhance current City efforts. Staff was directed to forward the City of Modesto resolution to City Council for review and response back to staff. Staff will provide Council with a brief descriptor of what exists and what the resolution would change to facilitate Council response. B. PROCEEDINGS BEFORE THE PUBLIC UTILITIES COMMISSION REGARDING MARZOLF VS. PACIFIC GAS AND ELECTRIC Deputy City Attorney Michael Allford requested guidance from Council as to the direction Council wished the City Attorney's Office to follow on proceedings before the Public Utilities Commission regarding Ma~olf vs. Pacific Gas and Electric. Council had authorized City Attorney's Office assistance to a local citizens group who had a hearing at City Hall. Committee members expressed great sympathy for the plight of the complainants. However, the issue has the possibility of becoming a very costly, complex issue which will be heard out of town and a significant burden upon the City Attorney's Office in terms of time and effort. Committee members felt they could not support providing City Attorney's Office support to private individuals when the City was not a party to the action. Consequently, it was moved, seconded and passed that the City Attorney not provide further support insofar as attorney services were concerned in the issue. A report to Council will be made. 7. ADJOURNMENT The meeting adjourned at 12:15 p.m. Staff in Attendance: City Manager Alan Tandy, Police Chief Steve Brummer, Deputy City Attorney Michael AIIford, and Administrative Analyst Trudy Slater. T$:jp RESOLUTION NO. A RESOLUTION SETTING FORTH A POLICY THAT ALL MOTIONS NEED A SECOND. WHEREAS, it has been the practice of the City Council over the years to discuss and vote on motions without the necessity of a second to the motion being made; and WHEREAS, at the regularly scheduled Council meeting of May 18, 1994, the City council recently adopted Robert's Rules of Order, which require that, in most situations, a second is necessary before a motion can be discussed or a vote taken; and WHEREAS, in order to accurately follow the guidelines set forth in Robert's Rules of Order, the City Council desires to adopt a policy requiring seconds to motions before debate and voting thereon; NOW, THEREFORE, BE IT RESOLVED as follows: 1. It is the policy of the City Council to require seconds to motions prior to allowing debating of or voting on the topic under consideration. -o0o ~ R~.~¥ ~:F.~'~' t~at ~e foregoing Resol~t±o~ ~a~ passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the : following vote: CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED BOB PRICE MAYOR of the City of Bakersfield APPROVED AS TO FORM: JUDY K. SKOUSEN Acting City Attorney By: RMS:rb rb-resolutions~mot-sec2.594 5/n/~ - 2 - RESOLUTION NO. A RESOLUTION SETTING FORTH A POLICY THAT NO MOTION NEEDS A SECOND. W/4EREAS, it has been the practice of the City Council over the years to discuss and vote on motions without the necessity of a second to the motion being made; and W~RREAS, at the regularly scheduled Council meeting of May 18, 1994, the City Council adopted Robert's Rules of Order, which require that, in most situations, a second is necessary before~,~a motion can be discussed or a vote taken; and W~RREAS, the City Council desires to continue its procedure of not requiring seconds to motions in order to expedite the order of business in public meetings; NOW, T~RRE~RE, BE IT RESOLVED as follows: 1. It is the policy of the City Council to not require seconds to motions prior to allowing debating of or voting on the topic under consideration. o0o I B-~.R~.~y CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED BOB PRICE MAYOR of the City of Bakersfield APPROVED AS TO FORM: JUDY K. SKOUSEN Acting City Attorney By: RMS:rb rb-resolutions~mot-sec. 594 5/11/94 - 2 - RESOLUTION NO. A RESOLUTION ESTABLISHING COUNCIL POLICY TO AUTHORIZE MEMB~(S) OF THE CITY COUNCIL TO ABSTAIN FROM VOTING ON MATTER[ S) PENDING BEFORE THE CITY COUNCIL. WHEREAS, an ordinance is currently pending before the Bakersfield City Council to adopt Robert's Rules of Order for all proceedings; and WHEREAS, a resolution of the City Council is necessary to adopt Council policy concerning abstentions; "~ "' NOW, THEREFORE, BE IT RESOLVED as follows: 1. It is declared to be Council policy that it is appropriate for Councilmembers to abstain from voting on any matter before them under the following circumstances: A. Conflict of interest pursuant to the Fair Political Practices Act; B. The Councilmember was absent during the public hearing or previous Council discussion on the matter to be decided; and C. In the absence of a financial conflict of interest, a Councilmember determines that circumstances exist which prevent a fair and unbiased decision by the Councilmember or may lead to the appearance of impropriety. --- o0o I HEaRty CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the ~ following vote: ' CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED BOB PRICE MAYOR of the City of Bakersfield APPROVED AS TO FORM: JUDY K. SKOUSEN Acting City Attorney By: MSh:rb rb-resolutions\abstain.594 5/11/94 - 2 - ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2 · 0 4 · 0 3 0 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PARLIAMENTARY LAW. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 2.04.030 of the Bakersfield Municipal Code is hereby amended to read as follows: 2.04.030 Parliamentar~ law. Except as provided in this chapter, the City Charter, or Council policy, parliamentary law as set forth in Robert's Rules of Order, current edition, shall govern. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. o0o I HEREBY CERTIFY that the foregoing Ordinance was ~ passed and adopted by the Council of the City of Bakersfield at a ~ regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY K. SKOUSEN Acting CITY ATTORNEY of the City of Bakersfield L~:kkr ROBERTS.ORD 4/25/94