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HomeMy WebLinkAbout01/31/2000 BAKERSFIELD Alan '~:~, City I~la~ag~,r/ David Couch, Chair Staff: Trudy Slater / Patricia J. DeMond Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Special Meeting Thursday, January 31, 2000 1:15 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:20 p.m. Members present: Councilmember David Couch, Chair Councilmember Patricia DeMond Member absent: Councilmember Jacquie Sullivan 2. ADOPT JANUARY 20, 2000 AGENDA SUMMARY REPORT Adopted as revised with name correction. 3. PUBLIC STATEMENTS None. 4.' DEFERRED BUSINESS A. REVIEW AND RECOMMENDATION REGARDING REQUEST OF MARTHA KNIGHT This item was deferred to the next meeting.to accommodate Councilmember Sul~ivan's preference to have the issue discussed when she could be in attendance. ADOPTED AS SUBMITTED ON MARCH 2, 200fi FILE COPY Agenda Summary Report Legislative and Litigation Committee January 31, 2000 Page 2 B. REVIEW AND COMMITTEE RECOMMENDATION REGARDING THE USE OF ELECTRIC BICYCLES ON THE BIKE PATH Committee members reviewed information contained within the agenda packet, and Traffic Engineer Steve Walker, City Attorney Bart Thiltgen, and Recreation and Parks Director Stan Ford answered questions. City Attorney Bart Thiltgen explained that the director of Kern COG, the agency which allocates TDA funds, would recommend to his board against allowing electric bikes on bike paths. Mr. Paul McGrath asked whether he could ride his e-bike on the bike path without the battery. The City Attorney clarified that it would be against the ordinance. Mr. McGrath also questioned whether he could ride his e-bike on the bike lanes and Mr. McGrath was told that, too, was against the existing ordinance. To allow e-bikes on the bike lanes would require an ordinance change. Councilmember DeMond moved to make no change in the ordinance at this time. The motion passed. She indicated she would like for e-bikes to be allowed on city streets and Councilmember David Couch agreed that he would be willing to allow electric bikes on bike lanes. The Committee directed staff to prepare a Committee report indicating the Committee approved making no changes in the City's ordinance to allow electric bikes on the bike path at this time. Staff was directed to explore the possibilities for use of electric bikes on city streets and will contact Kern COG regarding funding- related issues. C. REVIEW AND RECOMMENDATION RELATING TO PROCEDURE OR POLICY FOR COUNCILMEMBERS PLACING AN ITEM ON THE AGENDA City Manager Alan Tandy illustrated the procedures currently in place for submitting agenda items, indicating that generally an agenda item report and' background information is requested eight working days prior to a scheduled Council meeting date (normally a Friday). Any Councilmember can place an item on the agenda by notifying the City Manager's Office prior to that deadline. The Clerk's Office prepares a draft agenda based on that information which is reviewed at an agenda conference of the city manager and department heads the Tuesday after the Friday deadline. Some items may be added at that session but it is preferred, unless they are very routine, that the original Friday cut off be adhered to whenever possible. Agenda Summary Report Legislative and Litigation Committee January 31, 2000 Page 3 After that Tuesday meeting, the Clerk prepares the final agenda packet to be sent to the printer on Thursday. The Council receives the full packet the next day (on Friday). Thursday the packet is sent no later than 4:00 p.m. to the printer for distribution to the Council on Friday. After this time, statutory requirements must be met in order to add an item to the agenda. In certain instances during reduced work weeks (i.e., holidays), time schedules are "backed up" to accommodate shortened time frames and legal noticing requirements. The current schedule allows for adequate staff preparation and a limited amount of flexibility relative to adding items late in the process while still meeting the Brown Act noticing requirements of State law. In rare instances where policy questions come into play on late item additions, the City Manager may consult with the Vice-Mayor for guidance. In special and infrequent instances, items can be placed on the agenda after it is noticed but only when the Council as a whole (requiring five votes) declares it to be an emergency and when action must be taken prior to the next regularly scheduled meeting. State law also regulates what can be considered an emergency. The Legislative and Litigation Committee felt the procedures in place attempt to accommodate as nearly as possible the scheduling flexibility needed by staff and Council while following Brown Act requirements. The Committee directed staff to prepare a report to Council for filing. D. REVIEW AND RECOMMENDATION REGARDING ORDINANCE AMENDING SECTION 2.28.090 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE BOARD OF ZONING ADJUSTMENT City Attorney Thiltgen explained his concern that his serving on the Board of Zoning Adjustment was a conflict of interest as he could also be asked to advise the Council on an issue which he had recommended. He proposed a member of the Economic Development Department and alternate replace the legal representative and alternate. After discussion, the Committee approved the proposal and directed staff to forward the proposed changes to Council for approval. Agenda Summary Report Legislative and Litigation Committee January 31, 2000 Page 4 5. NEW BUSINESS A. 2000 LEGISLATIVE PLATFORM Administrative Analyst Trudy Slater explained the process followed during the annual review of the City's Legislative Platform. Current legislative concerns are captured in the City's Legislative Platform which identifies the City's legislative priorities for the year. This allows the City to focus its limited resources on areas of greatest concern. It also provides a basis for quick response by City legislative advocates and departments to legislative issues that arise. The Committee reviewed the 1999 Platform and suggestions for change. Changes to the Platform included adding urban development as an item under support for legislation which promotes safe, efficient, cost effective and responsible management of various environmental components; supporting legislation which provides increased funding of cultural, recreation and open space programs; supporting legislation or a constitutional amendment which provides permanent fiscal relief for cities in light of the State budget surplus; and opposing legislation which intrudes into the City's collective bargaining and rights. With the proposed changes, the Committee felt the Platform adequately reflects the City's current legislative concerns..The Committee directed staff to prepare a report recommending Council accept the proposed 2000 Legislative Platform. 6. ADJOURNMENT The meeting adjourned at 2:12 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater, City Clerk Pam McCarthy; City Attorney Bart Thiltgen; Recreation and Parks Director Stan Ford; and Planning Director Stan Grady. Other Attendees: Tammy Brown (P:~L&L~L000131 .MIN)