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HomeMy WebLinkAbout07/13/2000 BAKERSFIELD Alan Tandy, Git~y Manager David Couch, Chair Staff: Trudy Slater Patricia J. DeMond Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Thursday, July 13, 2000 1:15 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:21 p.m. Members present: Councilmember David Couch, Chair Councilmember Patricia DeMond Councilmember Jacquie Sullivan 2. ADOPT JUNE 22, 2000 AGENDA SUMMARY REPORT Adopted as submitted. 3. PRESENTATIONS None. 4. PUBLIC STATEMENTS None. ADOPTED AS SUBI~TTED ON AUGUST 24, 2000 Agenda Summary Report Legislative and Litigation Committee July 13, 2000 Page 2 5. DEFERRED BUSINESS A. REVIEW AND DISCUSSION REGARDING THE DEVELOPMENT OF A POLICY OF CERTIFICATION OF LOCAL COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDO's) Community Development Coordinator George Gonzales provided the committee with a certification process policy, which included a housing project application, a statement of qualifications for CHDO's, and a CHDO certification review form. Committee reviewed the policy and feels no further action is needed at this time. Marvin Dean asked that consideration be given to in-fill housing projects with a preference for distressed areas. Mr. Thiltgen indicated the City was preempted from changing/modifying federal procedures to include a local preference procedure. B. REVIEW AND RECOMMENDATION REGARDING DRAFTING AN ORDINANCE OR RESOLUTION OUTLINING THE ANNEXATION PROCESS WITH CONSIDERATION OF SUGGESTIONS FROM THE ANNEXATION TASK FORCE; REVIEW OF DRAFT GUIDE TO ANNEXATION PROCESS City Clerk Pamela McCarthy presented the latest version of the proposed annexation guide. Further input was received from the public and Committee members. After lengthy discussion, Chairman David Couch reiterated the guide presented general information and was not a step-by-step annexation process. Discussion on the draft resolution ensued. A handout from a member of the public was provided to the Committee suggesting alternative language and in the form of an ordinance. Attendees were requested to provide information to Committee staff ahead of time (at least a week) in order for Committee members to be able to review the information prior to the meeting. Councilmember Jacquie Sullivan indicated the appropriateness of using a resolution. Councilmember Couch asked Mr. Thiltgen to contact the County Counsel Bernard Barman to see if the County has ever passed an ordinance directing staff to do something. Councilmember Pat DeMond suggested removing the resolution from the workshop and presenting only the guide. It was agreed only the revised guide would be presented to Council in the information workshop on July 19 at 5:15 p.m. Agenda Summary Report Legislative and Litigation Committee July 13, 2000 Page 3 6. NEW BUSINESS A. REVIEWAND RECOMMENDATION RELATING TO INCREASING PENALTIES FOR LITTERING IN THE CITY Mr. Thiltgen explained that the City of Bakersfield was preempted by state law from modifying state litter laws. Councilmember Couch felt additional enforcement should be pursued. Assistant City Manager John Stinson indicated this could conceivably be a component of the overall community policing program. Councilmember Sullivan encouraged education to help alleviate issues relating to littering. B. RECOMMENDATIONS FOR LEAGUE VOTING DELEGATE AND ALTERNATE DELEGATE TO LEAGUE ANNUAL CONFERENCE Voting Delegates and Alternates are normally appointed from among Councilmembers attending the League Annual Conference. Councilmember Couch. indicated his willingness to serve again as Voting Delegate to the League meeting or as Voting Alternate if other Councilmembers wished to serve as Voting Delegate. Councilmember Couch had served as Voting Delegate the previous year. The Committee agreed that Councilmember Couch should serve as Voting Delegate if another could not do so. Councilmember Jacquie Sullivan agreed to serve as Voting Alternate. An administrative report with the Committee's recommendation will be placed on the Council agenda for its meeting in August. C. REVIEW AND RECOMMENDATION OF TIME WARNER CABLE REQUEST FOR A 24-MONTH WAIVER OF FRANCHISE FEES RELATING TO ROAD RUNNER INTERNET SERVICE, INCLUDING CHARTER SECTIONS AND RESOLUTIONS. Administrative Analyst Trudy Slater provided background information on cable franchise fees and concerns relating to Time Warner's request for exempting fees in connection with its RoadRunner services. These included: an exemption of the RoadRunner-related fees has a impact on all Bakersfield residents because of the loss of revenues, for use of the public's right of way (including franchise fees from customers as well as advertising revenues paid to Time Warner for use of its RoadRunner services); the benefit of the exemption to a select number of cable customers; and the need to work with the cable company to provide no or Iow-cost benefits to offset the revenue loss. These were in addition to those included in the administrative report to Council at its meeting of June 28, 2000. Other issues discussed included the possible ramifications of court rulings relative to cable companies, "open access," telecommunications companies, and Federal Communications Commission determinations. Staff recommended denial of the exemption. Agenda Summary Report Legislative and Litigation Committee July 13, 2000 Page 4 Committee members felt a waiver of the fees would have a long term net gain for the community, that RoadRunner service was essentially a "start up business," and that Cox Communications should be given the same exemption when it began a similar product (i.e., Cox@Home) - 24 months from time of launching the product in the Bakersfield area. Mr. Thiltgen explained the process and related time frame under which a franchise fee exemption could be granted to Time Warner for RoadRunner services. Staffwas directed to prepare a committee report recommending a one-time franchise fee exemption be granted to Time Warner for RoadRunner services with a similar agreement to be made for Cox Communications at the appropriate time. Time Warner Division President Bill Grinstead agreed with Assistant City Manager Alan Christensen that Time Warner would work with the City to explore no-cost or Iow-cost benefits to the City during the exemption period. 7. COMMITTEE COMMENTS None. 8. ADJOURNMENT The meeting adjourned at 5:15 p.m. Staff Attendees: Assistant City Manager John Stinson, Assistant City Manager Alan Christensen, City Clerk Pam McCarthy, Administrative Analyst Trudy Slater; City Attorney Bart Thiltgen; Community Development Coordinator George Gonzales; Building Director Dennis Fidler Other Attendees: Ray Allen, James Burger, Keith Crossley, Marvin Dean, Barbara Fields, Barbara Fowler, Bill Grinstead, Becky Kaiser, Ginger Mello, Larry Moxley, Brian Morrow, Maricela Solorio (L&L\L000713. MI N.wpd)