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HomeMy WebLinkAbout09/18/2007• B A K E R S F I E L D ~,~,,,,,~ ~,,~„Gd„ Sue Benham, Chair Rho da Smiley, A stant to the City Manager / P.I.O. David Couch For: Alan Tandy, City Manager Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, September 18, 2007 - 1:00 p.m. City Manager's Conference Room -Suite 201 City Hall, 1501 Truxtun Avenue, Bakersfield, CA The meeting was called to order at 1:02:54 PM ROLL CALL Present: Councilmember Sue Benham; Chair Councilmember Jacquie Sullivan Councilmember David Couch Staff present: Harvey Hall, Mayor Alan Tandy, City Manager John W. Stinson, Assistant City Manager Ginny Gennaro, City Attorney Rhonda Smiley, Public Information Officer Rick Kirkwood, Management Assistant Stan Grady, Development Services Director Raul Rojas, Public Works Director Bob Bivens, Bakersfield Police Department Brad Underwood, Public Works Operations Manager Andrew Whang, Associate Attorney Others present: James Geluso, Bakersfield Californian Lois Henry, Bakersfield Californian John Denney, Denney's Market Scott Hair, Green Frog Market Donnel Lester, Sierra Club -Buena Vista Group Bob Rutledge, Bob's Bait Bucket Heather Younger, Homeschool student Trish Younger, Teacher Roy Patrick, KERN Peter Samore, KUZZ Radio AGENDA SUMMARY REPORT Page 2 LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, September 18, 2007 2. ADOPT JULY 16, 2007 MINUTES Adopted as submitted. 3. PUBLIC STATEMENTS None 4. DEFERRED BUSINESS A. Update on plastic shopping bags -Kirkwood/Gennaro Management Assistant Kirkwood gave a brief update on this issue. He explained the processes, programs, and laws that have been initiated throughout the state of California. Currently state law AB 2449 states that stores larger than 10,000 sq. ft. which contain a pharmacy be required to provide a recycling program. Committee Chair Benham asked whether or not the City could enforce any types of Recycling requirements on stores that meet the criteria of AB 2449 but are not in compliance. Management Assistant Kirkwood stated that there is no punishment for failure to comply with AB 2449 unless the cities, counties, or state adopt civil penalties ranging from $500 to $2,000. The penalty amount will begin at $500 and increase with subsequent violations. - Scott Hair, Green Frog Market, stated that his store has been recycling plastic bags and other products for the past ten years. In 1994, they were the first grocery store in California to provide a reusable shopping bag to their customers. Mr. Hair is questioning the reason that only stores over 10,000 sq. ft. are being targeted with possible fines, when there are many other stores and businesses that are contributing to this problem. - John Denney, Denney's Market, states that his clientele requests to have items double and triple bagged, because they use the bags for their trash. His store does not fall under the AB 2449 law, but states that he is willing to help in any way he can. - Bob Rutledge, Bob's Bait Bucket, brought cloth reusable bags from Food Maxx for each Councilmember, along with some plastic bags from Sav A Lot (all are made available to the shoppers for purchase). He feels that all retail stores along with other businesses should comply with the law and not just those stated in AB 2449. People really need to start using the reusable bags and stop using the plastic bags. To some it might not seem as a great issue now, but it will be a big problem for future generations. AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, September 18, 2007 Page 3 - Donnel Lester, Sierra Club -Buena Vista Group, agrees with the preceding comments regarding the need for reusable bags and the fact that all stores should follow this law. There should be no certain criteria to meet in order to comply. Councilmember Couch stated that he had originally brought this issue to the Committee to explore any possible solutions and to research AB 2449 and understand how this law works. A status report on the effectiveness of AB 2449 will be brought back to the Committee in six months for review. 5. NEW BUSINESS A. Review and Discussion of Parade Ordinance and Routes - Rector/Gennaro Chief Rector explained how the current Parade Ordinance works and the five routes which are included. Staff proposes to add an additional route option to the ordinance. The permit application would be subject to the Municipal Code's nine criteria listed in the current ordinance. It is recommended that an appeal process to the City Manager's Office for any denied applications be added to the Municipal Code. City Attorney Gennaro stated that staff is ready to present the revised ordinance to the City Council for approval. Mayor Harvey Hall stated that during the review process of the applications, it is important that the City's expectations be made very clear to the applicants. Public Works Director Raul Rojas requested that the language of the ordinance also include that there will be no removal of public/private improvements. City Attorney Gennaro stated that this language could be added. Councilmember Couch stated that the applicant should be required to notify the affected residents of any upcoming parade. City Attorney Gennaro explained difficulties and issues that might arise with this requirement. Committee members voted to send to City Council for approval. B. Review and Discussion of Urban Development Committee Report No. 1-95 regarding Sidewalk Repair Program City Attorney Gennaro stated that the law has changed regarding this issue, and therefore is proposing changes to the City's current policy. Committee members agree that the City's policy needs to be updated to represent current Court decisions, and voted to send to City Council for approval. AGENDA SUMMARY REPORT Page 4 LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, September 18, 2007 6. CLOSED SESSION A. Conference with Legal Counsel -Potential Litigation Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section 54956.9. (One issue.) City Attorney Gennaro stated that there is no reported action from the Closed Session item. 7. COMMITTEE COMMENTS None 8. ADJOURNMENT 2:30:25 PM cc: Honorable Mayor and City Council