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Home My WebLink About12/11/1997 BAKERSFIELD Jacquie Sullivan, Chair Irma Carson Patricia J. DeMond Staff: Trudy Slater AGENDA LEGISLATIVE AND LITIGATION COMMITTEE Thursday, December 11, 1997 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 OCTOBER 2, 1997 SPECIAL MEETING MINUTES 3. PRESENTATIONS 4. PUBLIC ~STATEMENTS 5. DEFERRED BUSINESS A. GUIDELINES FOR VICIOUS AND DANGEROUS ANIMALS ADMINISTRATIVE REVIEW BOARD APPOINTMENTS 6. NEW BUSINESS A. DISCUSSION ON MASSAGE PARLOR ORDINANCE B. . SET CALENDAR FOR 1998 7. ADJOURNMENT TS:jp B A K E R'S F I E L D Alan~afi~dY, CityTt/i~'rlag~~t~ Jacquie Sullivan, Chair Staff: Trudy Slater/ Irma Carson Patricia DeMond AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Special Meeting Thursday, October 2, 1997 4:30 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 4:59 p.m. Members present: Councilmembers Jacquie Sullivan, Chair; and Irma Carson Member absent: Councilmember Patricia DeMond (prior business commitments did not allow attendance at the specially called meeting time and date.) 2, APPROVAL OF SEPTEMBER 10, 1997 SPECIAL MEETING MINUTES Approved as amended to reflect that Councilmember Patricia DeMond could not attend the meeting because of prior business commitments which did not allow her to attend the specially called meeting time and date. 3, PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS None APPROVED AS SUBIqlTTED DEC~mER 11, 1997 Agenda Summary Report Legislative and Litigation Committee October 2, 1997 Page -2- 6. NEW BUSINESS A. REVIEW AND RECOMMENDATIONS FOR LEAGUE OF CALIFORNIA 'CITIES PROPOSED RESOLUTIONS Committee members reviewed the proposed resolutions for the League's Annual Conference, October 12-14, 1997. The Committee's recommendations are: Approve: Resolutions 5, 15, 25 Approve as amended: Resolutions 3, 6, 8, 9, 11, 16, 17,19, 20, 22, 23 Neutral: Resolutions 4, 7, 12, 13, 14, 18 Disapprove: 1, 2, 10, 24 Staff was directed, to forward the Committee's recommendations to Council for approval and direction to the Conference's Voting Delegate to vote accordingly. B. GUIDELINES FOR VICIOUS AND DANGEROUS ANIMALS ADMINISTRATIVE REVIEW BOARD Administrative Analyst Trudy Slater presented brief background information on the Vicious and Dangerous Animals Administrative Review Board (VDA) as it related to Council direction to the Legislative and Litigation Committee to review guidelines for the appointment of VDA board members. She provided Committee members with a handout of the methods the City Council uses for appointments to other boards and commissions. The VDA board is tentatively scheduled to meet during October. Information from the board will be available for the Committee's review during its November 13 meeting. Issues to review at the November meeting could include the method of appointment, length of terms, staggering of terms, residency requirements, and others. 7. ADJOURNMENT The meeting adjourned at 5:15 p.m. Staff Attendees: Administrative Analyst Trudy Slater; City Attorney Judy Skousen (P:~L&L~L100297.MIN) Recommendations to the Legislative and Litigation Committee from the Vicious and Dangerous Animals Administrative Review Board Regarding Guidelines for Appointment The following are recommendations to the Legislative and Litigation Committee from the Vicious and Dangerous Animals Administrative Review Board regarding guidelines for appointment for future board members. These recommendations are the result of discussion and concurrence at the Board's meeting of November 12, 1997. A. The board recommends two-year staggered terms. It is also recommended that the first board be divided, with three members being appointed for three years and two members appointed for two years. Thereafter, terms would be staggered, with all appointments made for two years. B. It is recommended that the Health Officer, who is knowledgeable in the area of animals and/or animal control, as well as familiar with veterinary associations, humane societies and other animal control agencies, solicit and make nominations to the City Council for appointment to the Vicious and Dangerous Animals Administrative Review Board. C. The board recommends the Committee ask Council to add a condition for Council removal of members from the board "for just cause." D. It is recommended that the Committee ask Council to add appropriate wording which would reflect the scope of the VDA's appellate authority and that the VDA review board's decisions are final. (P:\SPCA\VDA\RECOM.WPD) 11-12-97 Brief History of the Vicious or Dangerous Animals Administrative Review Board The Vicious or Dangerous Animals Administrative Review Board, according to Section 6.04.110 (E) of the Bakersfield Municipal Code, is a five-member administrative review board appointed by the City Council whose members should be familiar with animals and/or animal control. VVhenever practical, the City Council is to appoint at least two members from veterinary associations, humane societies or animal control agencies other than the one holding the City animal control contract. The board meets to review appeals of Vicious Animals Orders issued by the health officer, whose functions are performed by the SPCA's Executive Director, through the SPCA animal control contract with the city. The formation of the five-member City Council-appointed board occurred at the City Council meeting of May 7, 1997. On August 20, 1997 Council appointed a temporary board to serve until the end of the year in order to resPond to an appeal which had been filed against a Vicious Animal Order. At the same time the Council appointed the temporary board, the Legislative and Litigation Committee was directed to review and recommend guidelines for appointment of a permanent board. Such review could include how appointed, length of terms, staggering of board member terms, residency requirements, and other issues regarding recruitment of board members. The VDA board was created in 1991 when the ordinance establishing the Board was first adopted. Appointments to the board were made by the Health Officer. Practice has been to hold one annual meeting and to meet at other times as needed to respond to Vicious Animal Order appeals. Terms were staggered and were for three years. The temporary VDA board members appointed by the City Council have all served on the original board. (P:\L&L~'Vl1106972) City Council Appointment Requirements for Various Boards and Commissions Board or Commission Requirements Board of Building Appeals Members are nominated and appointed by the full Council and qualified by training and experience in building construction or the building trades. Members serve at the pleasure of the Council and must be residents of the City of Bakersfield. No terms are specified. Board of Zoning Adjustment Members are nominated and appointed to three-year terms by the full Council and selected on the basis of one member each from Public Works, Building, and the City Attorney. Central District Development Agency Members are nominated by the Mayor and confirmed by the full Council. Members must be residents of the City of Bakersfield throughout their four- year term. Citizens Community Services Advisory Committee Members are nominated by a Councilmember of each ward and confirmed by the full Council. They must be residents of the City throughout their four-year term. Community Advisory Council Members are appointed by the City Council and must be residents of the Southeast Metropolitan Bakersfield Employment City of Bakersfield throughout their terms. All appointees serve one-year and Economic Incentive Area terms, effective January 1 of each year. Fair Housing Advisory Committee Members are appointed to two-year terms by the Board of Supervisors and confirmed by the City Council. City Council Appointment Requirements for Various Boards and Commissions Page 2 Board or Commission Requirements Fire Civil Service Board Members are nominated and appointed by the full Council and must be residents of the City of Bakersfield throughout their three-year terms. They must have no connection to City government. Golden Empire Transit District City representatives are nominated and appointed by the full Council and must be residents of the City of Bakersfield throughout their four-year terms. Handicapped Access Appeals Board Members are nominated and appointed by the full Council. No terms are specified. Historic Preservation Commission Members are nominated by Mayor/Councilmembers and confirmed by the full Council. They must be residents of the City of Bakersfield, but not a specific Ward, throughout their four-year term. Kern Council of Governments (KernCog) City representatives are nominated and appointed by the full Council. Kern Economic Development Corporation City representatives are nominated and appointed by the full Council. No terms are specified. Kern Mosquito and Vector Control District One member is nominated and appointed by the Council of each City, is an elector of that City, and a resident of that portion of the City which is in the KMVCD throughout his/her two-year term. City Council Appointment Requirements for Various' Boards and Commissions Page 3 Board or Commission .Requirements Local Agency Formation Commission City representatives are appointed to four-year terms by the City Selection Committee. Miscellaneous Civil Service Board Members are nominated and appointed by the full Council and must be residents of the City of Bakersfield throughout the three-year term. They must have no connection with City government. Planning Commission Members are nominated and appointed by the full Council and must be residents of the City of Bakersfield throughout their four-year terms (alternate one-year), Police Civil 'Service Board Members are nominated and appointed by the full Council and must be residents of the City of Bakersfield throughout their three-year terms. They must have no connection with City government. Public Facilities Corporation Members are nominated and appointed by the full Council and must be residents of the City of Bakersfield throughout their two-year terms. Solid Waste Management Advisory Committee/ Membership is determined by the Board of Supervisors and the City Local Task Force Council. No terms are specified. Water Board Members are appointed by the full Council. No terms are specified. (P:\L&L~,11002972) LEGISLATIVE AND LITIGATION COMMITTEE CALENDAR 1998 SCHEDULE (TO BE DETERMINED) Legislative & Litigation Committee Meetings ~--~ Council Meetings (7 p.m.) Workshops/Closed sessions (5:15 p.m.) Holidays Hearings 5/20 and 6/10 @ 7 p.m. Mondays at noon; Wednesdays at 5:15 p.m. (Info as of 11-19-97; Res. 183-97) JANUARY FEBRUARY MARCH S M T W TH F S S M T W TH F S S M T W TH F S ~ 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7 4 5 6 7 8 910 8 9 1or-'-~ 12 13 14 8 9 lO[--~'] 12 13 14 11 12 13[--~ 15 16 171 15~ 17 18 19 20 21 15 16 17 18 19 20 21 18~ 20 21 22 23 24 22 23 24~'~ 26 27 28 22 23 24~-~ 26 27 28 25 26 27~ 29 30 31 29 30 31 ' APRIL MAY JUNE S M T W TH F S S M T W TH F S S M T W TH F S 1234 12 [~'~2 3 4 5 6 5 6 7~'~ 9 10 11 3 4 5~-~ 7 8 9 7 8 9[~ 11 12 13 12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 20 19 20 21~"~ 23 24 25 17~'~ 19~'~'~ 21 22 23 21 22 23~'~ 25 26 27 26 27 28 29 30 24i,~ 26 27 28 29 30 28 29 30' 31 JULY AUGUST SEPTEMBER S M T W TH F S S M T W TH F S S M T W TH F S 12~4 1 12345 5 6 7 8 9 10 11 2 3 4 5 6 7 8 6~ 8~'~ 10 11 12 12 13 14[~ 16 17 18 9 10 11~'~ 13 14 15 13 14 15 16 17 18 19 19 20 21 22 23 24 25 16 17 18 19 20 21 22 20 21 22~--~ 24 25 26 26 27 28 29 30 31 23 24 25~--~ 27 28 29 27 28 29 30 30 31 OCTOBE. .OWMB.. S M T W TH F S S M T W TH F S S M T W TH F 18 19 20~'~ 22 23 24 22 23 24 25i~ 28 20 21 22 23' 25 26 27 28 29 30 31 29 30 27 28 29 30 (p:~l&l~l&lca198.wb2) Draft (12-1-97) DRAFT BAKERSFIELD Irm~ C~rson PatrJci~ DeMond AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Special Meeting Thursday, October 2, 1997 4:30 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 4:59 p.m. Members present: Councilmembers Jacquie Sullivan, Chair; and Irma Carson Member absent: Councilmember Patricia DeMond (prior business commitments did not allow attendance at the specially called meeting time and date.) 2. APPROVAL OF SEPTEMBER 10, 1997 SPECIAL MEETING MINUTES Approved as amended to reflect that Councilmember Patricia DeMond could not attend the meeting because of prior business commitments which did not allow her to attend the specially called meeting time and date. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS None DRAFT Agenda Summary Report Legislative and Litigation Committee October 2, 1997 Page -2- 6. NEW BUSINESS A. REVIEW AND RECOMMENDATIONS FOR LEAGUE OF CALIFORNIA CITIES PROPOSED RESOLUTIONS Committee members reviewed the proposed resolutions for the League's Annual Conference, October 12-14, 1997. The Committee's recommendations are: Approve: Resolutions 5, 15, 25 Approve as amended: Resolutions 3, 6, 8, 9, 11, 16, 17,19, 20, 22, 23 Neutral: Resolutions 4, 7, 12, 13, 14, 18 Disapprove: 1, 2, 10, 24 Staff was directed to forward the Committee's recommendations to Council for approval and direction to the Conference's Voting Delegate to vote accordingly. B. GUIDELINES FOR VICIOUS AND DANGEROUS ANIMALS ADMINISTRATIVE REVIEW BOARD Administrative Analyst Trudy Slater presented brief background information on the Vicious and Dangerous Animals Administrative Review Board (VDA) as it related to Council direction to the Legislative and Litigation Committee to review guidelines for the appointment of VDA board members. She provided Committee members with a handout of the methods the City Council uses for appointments to other boards and commissions. The VDA board is tentatively scheduled to meet during October. Information from the board will be available for the Committee's review during its November 13 meeting. Issues to review at the November meeting could include the method of appointment, length of terms, staggering of terms, residency requirements, and others. 7. ADJOURNMENT The meeting adjourned at 5:15 p.m. Staff Attendees: Administrative Analyst Trudy Slater; City Attorney Judy Skousen (P:\L&L~L100297.MIN) * P, O1 * SEND REPORT * DE0-05-97 FRI 09:26 * ~ ~ DRTE STO,RT RECEIVER TX TIRE PO,GES TYPE NOTE , O1 DEC-04 17:18 3957519 **'**" 0 SEND CO, NOEL ;~ 02 17:19 3249472 2' 19" 4 SEND OK :~ 03 17:23 3236951 2'50" 4 SEND OK ~ 04 17:26 3251351' 2'16" 4 SEND OK , 05 17:308619810 1'37" 4 SEND OK z 06 17:34 3235538 2'12" 4 SEND OK z 07 17:36 2831855 2'21" 4 SEND OK , 08 17', 40 3287537 2' lY' 4 SEND OK , 09 17:43 3270797 2'16" 4 SEND OK z !0 17:46 3260388 2'25" 4 SEND OK z 11 17',49 3229239 2'18" 4 SEND OK * 12 17:52 3931915 2'35" 4 SEND OK ~ 13 17:56 3253971 2'12" 4 SEND OK z 14 17:58 8683190 2'22" 4 SEND OK ~< 15 18:04 3278751 2' 12" 4 SEND OK , 16 18:07 8369287 2' 18" 4 SEND OK * 17 18:10 8320258 2' 17" 4 SEND OK * 18 18:12 6319439 2'22" 4 SEND OK z 19 18:15 3257814 2'16" 4 SEND OK * 20 18:19 6352317 2'15" 4 SEND OK ~ 21 18:24 3957519 ,,'**" 0 SEND CO,NOEL z 22 DEC-05 09:03 3957519 2'13" 4 SEND OK , 23 09:06 3957519 2'14" 4 SEND OK z TOTRL 48' OY'84 , GRRND TOTO,L TIRE', 73N 58Ii 575 PRGES: 14404