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HomeMy WebLinkAbout09/30/1999 BAKERSFIELD Al~r'T'andy, City ~ana~er/ David Couch, Chair Staff: Trudy Slater/ Patricia J. DeMond Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Thursday, September 30, 1999 1:30 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 2:05 p.m. Members present: Councilmember David Couch, Chair Councilmember Patricia DeMond Councilmember Jacquie Sullivan 2. ADOPT AUGUST 19, 1999 AGENDA SUMMARY REPORT Adopted as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None FILE COPY Agenda Summary Report Legislative and Litigation Committee September 30, 1999 Page 2 5. DEFERRED BUSINESS A. CONSIDERATION AND COMMITTEE RECOMMENDATION REGARDING VOTING AND NOMINATION PROCEDURES FOR COMMISSIONS, BOARDS AND COMMITTEES City Attorney Bart Thiltgen explained the procedure outlined in his memorandum to Council in his memo of August 24 regarding a proposed "Voting Process for Commissions and Boards." In the proposed procedure, the person who receives a majority of votes on the first ballot is appointed. The process to be used when a majority vote is not achieved on the first ballot was also explained. City Clerk Pamela McCarthy handed out an example ballot. After questions, Committee members unanimously approved the proposed procedure. Staffwas directed to prepare a Committee report indicating approval of the policy procedure and recommendation to Council that it accept the proposed policy change. 6 NEW BUSINESS A. REVIEW AND COMMITTEE RECOMMENDATIONS REGARDING LEAGUE ANNUAL CONFERENCE RESOLUTIONS Administrative Analyst Trudy Slater indicated that recommendations had been received from department heads on proposed League resolutions and explained the reasons for recommended positions. After discussion, the Committee directed staff to forward to the City Council the following positions for the 16 proposed League propositions to be voted on at the League's annual conference in San Jose October 10-12, 1999: Approve: Resolutions 1, 2, 5, 6, 9, 10, 11, 12, 13, 14 and 16 No action: Resolutions 3, 4 and 8 Refer to appropriate policy committee for study: Resolution 15 Approve only if City proposed changes are incorporated: Resolution 7 (City Attorney letter to Voting Delegate to define expectations for noticing requirements) The City Attorney will provide a letter to the Voting Delegate, 'which he will take with him to the League Conference, outlining the City's proposal to change Agenda Summary Report Legislative and Litigation Committee September 30, 1999 Page 3 Resolution #7 relating to CEQA noticing requirements. Administrative Analyst Trudy Slater explained that as proposed resolutions can change during the course of the Annual Conference the Voting Delegate, as the City's representative, has the authority to forward the Council's agenda, as is in keeping with the Council's historical directive. B. REVIEW OF PROPOSAL TO ADD CHAPTER 1.17 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO USE OF MAIL BALLOT ELECTIONS UNDER PROPOSITION 218 City Attorney Bart Thiltgen explained that the proposed ordinance on mail ballot elections, in. accordance with provisions of Proposition 218, puts in place a process to be used by the City should a future need arise to use a mail-in ballot. Mr. Thiltgen, Chief Assistant City Attorney Bob Sherry and City Clerk Pamela McCarthy answered questions relating to how the process would work, facilitation of elections, who would/could tabulate election results, election costs, and compliance with State law. After discussion, the Committee voted unanimously to support the proposed ordinance and forward it to Council for approval. The City Attorney was directed to place within the administrative report a full description of the use of and applicable processes which could be used in the event of a mail-in ballot election. The City Clerk was asked to see if information was available on how many other California cities currently have similar ordinances. 7. COMMITTEE STATEMENTS None. 8. ADJOURNMENT The meeting adjourned at 3:10 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater; City Attorney Bart Thiltgen, Chief Assistant City Attorney Bob Sherfy; City Clerk Pamela McCarthy Other Attendees: None (P:\L&L\L990930.MIN