HomeMy WebLinkAbout04/19/2010
B A K E R S F I E L D ant to the City Manager /P.I.O. Steven Teglia, Administrative Analyst Ill AGENDA SUMMARY REPORT Regular Meeting of the LEGISLATIVE AND LITIGATION COMMITTEE Monday,
April 19,201 0 -12:OO p.m. City Hall North First Floor -Conference Room A 1600 Truxtun Avenue, Bakersfield, CA 93301 The meeting was called to order at 12:09 PM. 1. ROLL CALL Present:
Councilmember Sue Benham; Chair Councilmember David Couch Councilmember Jacquie Sullivan Staff Present: Alan Tandy, City Manager Rhonda Smiley, Asst. to the City Manager Steven Teglia,
Administrative Analyst Ill Ginny Gennaro, City Attorney Joshua Rudnick, Deputy City Attorney Others Present: Debra Leary, American Cancer Society Cassie Deras-Coker, American Cancer
Society 2. ADOPT MARCH 15,201 0 AGENDA SUMMARY REPORT Sue Benham, Chair David Couch Jacquie Sullivan Nelson Smith, Finance Director Greg Williamson, Police Chief Kevin Stokes, Police
Captain Jim White, Police Service Technician Daryl Thiesen, Tobacco Coalition Adopted as submitted. 3. 3. PUBLIC STATEMENTS None
Legislative and Litigation Committee Agenda Summary Report April 19, 2010 Page 2 4. DEFERRED BUSINESS a. Discussion and Committee Recommendation Related to Retail Permits for Tobacco
-Gennaro Deputy City Attorney Rudnick provided a summary of the basic differences between the County's ordinance and the City's ordinance. Daryl Thiesen, Chair of the Tobacco Coalition
of Kern, asked the Committee to consider adopting a City retail permit fee as specific as the County retail permit fee. Mr. Thiesen provided the Committee copies of the County's ordinance
and briefly described a few differences between the ordinances. City Attorney Gennaro stated the detail provisions in the County ordinance are not allincllusiv and that the City has
very stringent requirements that dissuade minors from using tobacco. Captain Kevin Stokes stated that the current enforcement is similar to what was presented to the Committee on October
2008. The Police Department continues to conduct decoy operations in conjunction with the Public Health Department and Environmental Health Services. Captain Stokes also stated that
a main concern is the compiling a list of retailers who are selling tobacco in the City. The challenge of determining who will be obligated to acquire a permit and to be able to enforce
compliance would also be an issue. City Manager Tandy stated that another major concern is the shortage of personnel in the current economic times. Mr. Thiesen stated County staff would
be handling all the licensing and education, for all retailers, including retailers in the City, and therefore not cause any strain on current City staff. Committee Chair Benham requested
staff check with the County Health Department to see if they would like to offer their resources to be the enforcing authority. Committee member Sullivan recommended staff look into
making the current ordinance uniform to the County ordinance and suggested staff work on creating a list of retailers within the City that sell tobacco. Committee member Couch asked
if the money produced from the enforcement fees would be kept by the City. Mr. Thiesen stated that if the City were to use the Police Department as the enforcement authority the money
would be entitled to the City, but if the County Sheriff's Department were used the money would go to the County to pay for the necessary administrative staff and enforcement staff.
Committee Chair Benham clarified for staff that the Committee wants to fully understand the cost of this project, including alternative scenarios like having law enforcement officers
do the enforcement; and having the public health officers do the enforcing. Chair Benham also requested staff to bring the item back to the Committee once staff understands and has all
the information necessary to make an informative decision.
Legislative and Litigation Committee Agenda Summary Report April 19, 2010 Page 3 b. Discussion and Committee Recommendation Regarding Licensing and Requirements for Transient Jewelry
Buyers -Gennaro City Attorney Gennaro stated after checking with the Attorney General's Office, the State does not have any pending matters regarding this topic. Ms. Gennaro stated that
from a legal prospective there is nothing else the Committee or Council can add to the current regulations because the City is obliging all the State and Federal guidelines. Committee
member Couch requested staff follow-up with the interested parties present at the last committee meeting regarding this topic. 5. CLOSED SESSION None 6. COMMITTEE COMMENTS None 7. ADJOURNMENT
The meeting adjourned at 12:54 cc: Honorable Mayor and City Council