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HomeMy WebLinkAbout06/17/1999 BAKERSFIELD Alad'-l~andy, Cit~/ManagerJ David Couch, Chair Staff: Trudy Slater / Patricia J. DeMond / Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Thursday, June 17, 1999 1:30 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:35 p.m. Members present: Councilmember David Couch, Chair Councilmember Patricia DeMond Councilmember Jacquie Sullivan 2, ADOPT MAY 20, 1999 AGENDA SUMMARY REPORT Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None ADOPTED AS CORRECTED ON JULY 15, 1999 FILE COPY Agenda Summary Report Legislative and Litigation Committee June 17, 1999 Page -2- 5. DEFERRED BUSINESS None 6. NEW BUSINESS A. CITY POLICIES ON BASEBALL IN THE PARKS Administrative Analyst Trudy Slater explained a City ordinance gives authority to the recreation and parks director to promulgate rules and regulations for the daily operation of the parks and recreation facilities (Bakersfield Municipal Code 12.56.030(D)). Assistant Recreation and Parks Director Allen Abe explained a situation which had occurred previously regarding starting a baseball program for youth started at Martin Luther King (MLK), Jr. Park. When originally viewed as an issue of playing baseball on a softball field, this presented a conflict. In talking to Mr. George Culver, it was clear the youth he had in mind for his baseball league presented little opportunity for balls to be hit over the fence at MLK. Staff allowed Mr. Culver to hold his baseball league on the softball field for a ten-week program, serving well over 125 youth. M~'. Culver has indicated a desire to continue with the program next year. A discussion ensued on the differences between baseballs and softballs, configurations of the different playing fields, backstops and areas behind them, locations, and the quality of players. The Committee reaffirmed the authority of recreation and parks director to make these decisions at appropriate times. No further action was needed. B. DISCUSSION ON POLICY ISSUES RELATING TO EDITING AND TRANSMITTING TELEVISION BROADCASTS OF CITY COUNCIL MEETINGS Administrative Analyst Trudy Slater briefly explained that the Kern County government channel (KGOV) broadcasts the Board of Supervisors meeting live and rebroadcasts them later. City Attorney Bart Thiltgen explained that first amendment concerns on live broadcasts were reduced on rebroadcasts which could allow editing to eliminate such things as recesses and public statements. Committee Chairperson Couch indicated his desire to have a policy clearly stating what would be aired and what would be edited. The Committee concurred. Agenda Summary Report Legislative and Litigation Committee June 17, 1999 Page -3- Mr. Rick Davis, manager for the County's government channel, explained the County's written policy which had been provided the Committee. The County transmits live proceedings "gavel to gavel." The Federal Communications Commission (FCC) has very stringent guidelines to which the County closely adheres; the FCC holds government channels to a very high standard. In emergency situations where a live transmission must be monitored, the County doesn't leave the air; staff mutes it and goes to a wide shot. No commercialism is allowed, although acknowledgments for donations can be stated. The County edits out public presentations (non-agendaed comments) in subsequent rebroadcasts. The County Counsel has indicated, in his opinion, it does not give the public entity the opportunity under the Brown Act to be prepared to respond.. A copy is kept (masters are kept three months) but comments are not re-aired. They edit out all public presentations because it's one-sided. Live goes gavel to gavel. If it's a serious item, individuals will make arrangements with the clerk for their presentation to become an agendaed item which stays in. In this way, staff can be prepared to engage in an intellectual dialogue on the subject. Mr. Davis indicated KGOV was widely watched. The County charges $25 to make copies of broadcasts. They have a bulletin board service they run for community- based announcements. The County uses five remoted-controlled cameras which are staffed by two people. Special Iow-heat lighting is used in the chambers. The County went into the process cautiously and feels that it has been a very positive step in bridging the gap between the public and government. The County looks forward to working toward a partnership with the City on the KGOV channel. The channel is geared to be able to serve all local governments. There was general consensus among Committee members that KGOV should be used for more than Council meetings, including Planning Commission and community meetings, and encouraged a broad-based usage. City Manager Alan Tandy explained current budget issues relating to funding the project, indicating that staff were moving forward expeditiously. Currently funding has been found for two cameras (approximately $235,000). Cameras cost approximately $45,000 each. One timing issue involving purchasing proper' equipment which can take several months. Although City staff will be utilized fully, it has not been decided who would be staffing televised meetings. Initial expenses would include both purchase and installation. Councilmember DeMond indicated that short and long-term costs needed to be assessed relating to equipment and future technical requirements. Agenda Summary Report Legislative and Litigation Committee June 17,1999 Page-4- Other issues discussed included timing for sharing of channel time and usage, connecting equipment, switching controls, and future maintenance, repair of signal equipment that transmits the signal to the cable companies, and the County's agendized public requests classification. The Committee asked for the County's KGOV policy to be distributed to the entire Council. The Committee will further examine issues relating to this agenda item at future meetings. C. COUNCIL PUBLIC STATEMENT POLICIES The Committee discussed the Council's policy of recognizing the public through the presiding officer as well as the desire to conduct meetings efficiently while trying to soften the abruptness felt by some speakers when their speaking time limits were exhausted. City Attorney Bart Thiltgen explained that both Council procedures were in ordinance form and would require official Council action to change. City Manager Alan Tandy explained to the Committee that practice has been that-if a Councilmember wants to grant more time to an individual he/she requests the Mayor to recognize the individual. If the Mayor doesn't, the Council as a whole can override him. There are existing mechanisms for dealing with these situations. The Mayor habitually apologizes ahead of time to Council meeting attendees for having to enforce the three-minute rule. Various methods discussed to soften the abruptness of the three-minute rule included placing a red, green and yellow light on the Council dias in front of the Mayor as has been a past practice and possibly adding a warning sound when speakers are getting close to the end of the three minutes. The Committee generally felt that reinstituting the red, green and yellow lights on the Council dias in front of the Mayor would make it easier for both Councilmembers and the public to see. The Committee concurred that there are mechanisms in place to deal with situations where additional time is needed by a speaker and recommends no change to the existing system at this time. Staff was directed to spell this out in the Committee's minutes. Agenda Summa~ Report Legislative and Litigation Committee June 17,1999 Page-5- 7. ADJOURNMENT The meeting adjourned at 3:15 p.m. Staff Attendees: City Manager Alan Tandy, Assistant City Manager Alan Christensen, Administrative Analyst Trudy Slater; City Attorney Bart Thiltgen, Deputy City Attorney Virginia Gennaro; Assistant Recreation and Parks Director Allen Abe Other Attendees: Tammy Brown, KUZZ (P:\L&L\L990617.MIN)