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HomeMy WebLinkAbout08/17/1995 D A K E R S F I E L D Randy Rowles, Chair Irma Carson Jacquie Sullivan Staff: Trudy Slater AGENDA LEGISLATIVE AND LITIGATION COMMI'I-FEE Thursday, August 17, 1995 4:00 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF JULY 13, 1995 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. 1995-96 LEGISLATIVE PLATFORM 6. NEW BUSINESS A. LEAGUE RESOLUTION REVIEW PROCESS B. CHARTER AMENDMENT PROPOSALS 7. ADJOURNMENT TS:jp FILE COPY BAKERSFIELD Al~f'~dy, Cl"~ana~;i'~r Randy Rowles, Chair Staff: Trudy SraF Irma Carson Galen Chow AGENDA SUMMARY REPORT / LEGISLATIVE AND LITIGATION COMMITTEE Thursday, July 13, 1995 4:00 p.m. City Manager's Conference Room 1. ROLL CALL Members present: Councilmember Randy Rowles, Chair; Councilmember Galen Chow. Member absent: Councilmember Irma Carson 2. APPROVAL OF MAY 11, 1995 MINUTES Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS Deferred until agenda item discussion. 5. DEFERRED BUSINESS A. GAS POWERED LEAF BLOWERS Administrative Analyst Trudy Slater recapped the Committee's directions to staff at its last meeting indicating that responses from both the City Attorney and the Parks Division had been received and included in the Committee's packet. She Agenda Summary Report Legislative and Litigation Committee July 13, 1995 Page -2- reiterated the City Attorney's position that enforcement of the existing ordinance was not an efficient means of addressing a noise problem related to leaf blowers. Chief Assistant Attorney Bob Sherry expanded upon the City Attorney's memo indicating that two major areas of concern with the existing noise ordinance would be legal enforceability and the practical aspects of timely officer response to lower level pdority calls (such as noise from leaf blowers or barking dogs). Assistant Parks Superintendent Allen Abe highlighted points within the proposed educational program which included recommending hours of operation between 8:00 a.m. and 5:00 p.m. Monday through Saturday, using a common sense approach when discharging the nozzle around people and private property, and using blowers at the lowest throttle levels whenever possible. He mentioned that City Parks staff have been educated on common sense usage to help with the blower situation and that personnel have started a mulching program as well. Chairperson Rowles recognized members from the public in alphabetical order. Daisy Benham indicated she was in attendance on behalf of her entire neighborhood. Gardeners come at 7:00 a.m. and "mow, blow, and go" and it's very unhealthy from grit and dust. Hers is an older neighborhood. Laura Dennison, Project Clean Air, felt that dust was part of the problem. She encouraged the use of education as an appropriate method to lessen concerns. She indicated she had received calls from businesses who would be impacted negatively by a leaf blower ban as well one lady who used a hose on a person who was blowing dust. Jack Rademacner agreed with Bob Sherfy that regulating leaf blowers on a decibel rating would not work. He felt that the only effective way to deal with the issue was to bar the leaf blowers in residential areas only. He indicated a committee had been formed of his petitioners who are upset with leaf blowers and that his group would like the issue to go to the full Council. He does not feel that voluntary compliance nor an educational program will work because of rapid turnover in personnel using leaf blowers. Mr. Rademacher again questioned why the City could not enforce the San Joaquin Valley Unified Air Pollution Control District's Rule 4102. Bob Sherry indicated that it related to jurisdiction. Mr. Rademacher requested further information on regulations/laws which regulated this type of situation. Agenda Summary Report Legislative and Litigation Committee July 13, 1995 Page -3- Arthur Unger indicated that education would be central even if leaf blowers are outlawed. A healthy education discourages people from using water to push the dirt around because of the need to conserve water. Mulching is another method which can be used to reduce the need for leaf blowers. After further discussion, Chairman Rowles indicated that the Committee would return the leaf blower issue to full Council for discussion and action. To accommodate Mr. Rademacher's vacation schedule, the Committee's recommendation would return to Council in September. Individuals speaking at this Committee meeting would be notified of the Council meeting. Assistant City Manager Gail Waiters indicated that an agenda would be mailed to them as well.. Chairman Rowles indicated that the Committee's recommendation would be to try to find a solution through education as there were economic as well as other issues to be considered. The Committee will recommend to Council that the Parks Division's education format be followed, that business licensees be notified, and that the educational information be made available to local gardening businesses for distribution to their leaf blower customers. The Committee felt that citizens should be asked to be responsible consumers as well as responsible business people. Chairman Rowles indicated that information submitted by Mr. Rademacher to the Committee would also be included in the packet to Council. B. COUNCIL RESIDENCY CHARTER AMENDMENT The Committee reviewed a draft Legislative and Litigation Committee report recommending placing a Council residency Charter amendment on the March 1996 ballot. Chairman Rowles indicated that a charter amendment would be a prudent action i~ecause of conflicting legal opinions in the past. It is anticipated that the report and corresponding resolutions will be placed before Council during August. A question was raised whether a Councilmember could hold any other elected office while serving as a Councilmember. Attorney's Office staff indicated that if that was desired, it would have to be clearly spelled out in the charter amendment. Staff will check to see if there are existing laws which govern this issue. Chairman Rowles indicated that all issues to be placed on the ballot have to be reviewed by the Legislative and Litigation Committee. Gail Waiters indicated that there might be recommendations from department heads for charter changes and that after City Manager review, those would be forwarded to the Committee. Agenda Summary Report Legislative and Litigation Committee July 13, 1995 Page -4- 6. NEW BUSINESS A. 1995-96 LEGISLATIVE PLATFORM This item was deferred until the next meeting. Staff was directed to send the 1994-95 Legislative Platform to the entire Council for their input, asking that responses be returned to staff by the Friday before the next Legislative and Utigation Committee. Assistant City Manager Gail Waiters indicated that the Council will find in their General Information memo packet a notice related to selecting a Delegate for the. League conference. She indicated that the last time the Platform was' recommended, discussion had centered around being more proactive and possibly asking the Committee to review League resolutions. She asked to have this generally discussed when the Committee reviewed the Legislative Platform. COUNCIL STATEMENTS Chairman Rowles asked that an additional item be added to the agenda under Council Statements. He then expressed his appreciation for outgoing Councilmember Chow's service on the Legislative and Litigation Committee and on thb City Council, comments which were seconded by others in the meeting. Galen thanked Randy and the staff and indicated he appreciated serving not only on the committee but the Council and wished everyone well. Randy mentioned that he had originally met Galen when he was in junior high and was involved with the former Bakersfield Police Band, a project which was Galen's and Mayor Pdce's. 7. ADJOURNMENT The meeting adjourned at 5:20 p.m. Staff Attendees: Assistant City Manager Gail Waiters; Chief Assistant City Attorney Bob Sherry; Deputy City Attorney Virginia Gennaro; Assistant Parks Superintendent Allen Abe; and Administrative Analyst Trudy Slater. Public Attendees: Jack Rademacher, Arthur Unger, Daisy Benham, Laura Dennison, Ralph Bailey, Channel 23; Rob Pierce, Channel 23; Marc Benjamin, The Bakersfield Californian. TS:jp MEMORANDUM August 11, 1995 TO: LEGISLATIVE AND LITIGATION COMMITTEE FROM: JUDY K. SKOUSEN, City Attorney SUBJECT: CHARTER AMENDMENTS The following are the three Charter Amendments which are expected to be on the ballot March 26, 1996: 1. COUNCIL RESIDENCY CHARTER AMENDMENT Intent: To modify existing Section 17 of the City Charter to require that council members be residents of the City and their respective wards at all times they remain in office. Proposed Ballot Language: Shall the following language be added to Section 17 of the City Charter: Shall Section 17 of the City Charter be amended to prohibit a councilmember from residing outside the ward from which he or she is elected? YES NO 2. CIVIL SERVICE FOR THE FIRE DEPARTMENT CHARTER AMENDMENT Intent: To modify Section (185)3 of the City Charter to expand promotional opportunities within the Fire Department. THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED BY THE ATTORNEY-CLIENT AND ATTORNEY WORK-PRODUCT PRIVILEGE Memorandum to Legislative and Litigation Committee Re: Charter Amendments August 11, 1995 Page 2 Proposed Ballot Language: Shall Section (185)3 of the City Charter be modified to allow that any member of the Fire Department may be appointed Assistant Chief or Deputy Chief, as is currently the case with the Chief of the Fire Department? YES NO Justification: Currently, any fire employee can be appointed Fire Chief. · Prior recruitment for Deputy Chief only resulted in one application. · An insufficient number of applicants were received in the past two recruitments for Assistant Chief. 3. LAY OFF OR DEMOTION AND TEMPORARY PROMOTION OF EMPLOYEES Intent: To repeal Section (217b)10b of the City Charter, concerning the procedure for lay-offs, demotions, and promotions. (See Exhibit "A" for curr~nt text) Proposed Ballot Language: Shall Section (217b)10b of the City Charter be repealed? YES NO Justification · Memorandum of Understanding agrees to delete this Section. · The procedure for lay-offs, demotions, and promotions is addressed in current Labor Agreement and other City policies. · The charter provision is extremely inflexible and does not allow for prompt modification which is necessary in the bargaining process. JKS/GG/meg GG:CORRES95-1/ELE~IO~LEG&L~.MEM the volume of work makes it necessary, may temporarily promote any subordinate officer or employee to the next highest classification. The subordinate orncer or employee to be so promoted shall be the person in the classification having the Lay Off or Demotion and Temporary greatest amoum of seniority. Such temporary Promotion of Employees in Subordinate promotions shall in any ease not exceed one Positions hundred twenty (120) working days. (Amended Section (21To) 10b. In any deparanent, the June 2, 1992: amended November 8, 1988: Department Head or his/her designee, with the amended April 21, 1941). approval of the City Manager, may reduce by lay off or demotion the personnel of s department or of a classification because of lack of work or shortage of funds. Lay offs and demotions shall be made according to seniority of service with the City of Bakersfield in the department or of seniority tn each department or classification affec~.d shall be the first man to be demoted or laid off. When two or more employees have the same seniority rating, the employee who attained the highest grade tn the examination for the position held at the time of lay off or demotion shall be deemed to have greater seniority. Lay off or demotion referred to in ~ section shill not deprive the employee so laid off or demoted of ~ Civ'fl Service rating auained l~iOr to said lay off or demotion and such employee shall be retun~ to service in order of seniority. This section is intended to make possible the displacement of a Subordinate officer ot employee in any classification by an officer or employee in a higher classification with greater seniority in the depanmenL The subordinate officer or employee so displaced may in turn displace a man in a lower classification holding less seniority. A displa_,:ed or .. demoted subordinate officer or employee while working in a lower classification shall receive the rate of pay established for the lower classification, it being the intention that all subordinate officers or employees be paid the rate of pay established for the work or position assigned to them. The Department Head or his/her designee in deparunents affected by this Amendment, where (B~ker~eld 9-92) C-32 EXHIBIT A