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HomeMy WebLinkAbout01/20/2000 BAKERSFIELD Staff: Trudy Patricia J. DeMond Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Thursday, January 20, 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 Councilmember Jacquie Sullivan (arriving 1:25 p.m.) 2. ADOPT DECEMBER 16, 1999 AGENDA SUMMARY REPORT Adopted as submitted. 3. PRESENTATIONS None. 4. PUBLIC STATEMENTS None. ADOPTED AS SUBI~I//'TED ON JANUARY 31, 2000 (~ om~ ~ coP,~c~o~) FILE COPY Agenda Summary Report Legislative and Litigation Committee January 20, 2000 Page 2 5. DEFERRED BUSINESS A. REVIEW AND COMMITTEE RECOMMENDATION REGARDING THE USE OF ELECTRIC BICYCLES ON THE BIKE PATH Administrative Analyst Trudy Slater explained that the presence of the e-bike was requested at the last meeting and that Jim Burke Ford had graciously allowed the loan of the bike to the Committee for its meeting. City Attorney Bart Thiltgen reiterated that to allow the e-bike on the bike path would require a change in the City's existing ordinance. Rich O'Neil and Marci Cunningham spoke against and presented letters in opposition to allowing motorized vehicles on the bike path. Objections included: they pose a threat to the public safety of equestrians, pedestrians, bicyclists; the adverse effect on other animals within the E.I.R.; the preclusion of usage by others; possible negative effects on funding sources; and the difficulty in police patrolling to ensure compliance. They indicated they were opposed to any portion of the path being used by e-bikes. Jerry Cook and Kyle Northrup spoke in favor of allowing e-bikes on the bike path, indicating their customers have told them: they don't feel safe on a bike lane; the e-bike is slower than a regular bike; the battery has a gauge; it stops fast; and the e-bike meets Department of Transportation safety standards. The e-bikes are environmentally friendly and non-invasive. Councilmember Patricia DeMond voiced concerns which included: the original intent to keep motorized vehicles off the bike path; the possibility of a person riding an e-bike being stranded along the bike path if they ran out of battery power; the availability of safe bikes lanes on city streets; the impact weight of the e-bike; and the bike path's inability (due to size) to take on another form of transportation. Councilmember Jacquie Sullivan indicated she felt at this time the ordinance should be left as it is, but this might not be the case in the future. There is the possibility of widening the path. Development in the e-bike industry is evolving. Chairperson David Couch indicated his first inclination was to allow the e-bike on the bike path. Councilmembers asked staffto provide information on the impact of allowing e-bikes upon the bike path relative to funding sources, to see if additional accommodations could be made upon surface streets, and whether something could accommodate the e-bike in future development and regional parks. Staff was also asked to obtain a copy of the City of Ventura's ordinance allowing e-bikes. Agenda Summary Report Legislative and Litigation Committee January 20, 2000 Page 3 The item was deferred until further information was available. 6. NEW BUSINESS A. REVIEW AND RECOMMENDATION REGARDING REQUEST OF MARTHA KNIGHT City Attorney Bart Thiltgen indicated that Mrs. Knight was not informed of the meeting. He explained that an agreement was made between Mrs. Knight and the City and that he felt it was not appropriate to revisit the issue. It was agreed by the committee to discuss the issue when Mrs. Knight was present. Discussion centered on M~'s. Knight's unanticipated expenses relating to the water and utilities easement, the refusal of Mrs. Knight's neighbor to allow her to use the existing easement, eminent domain proceedings, the value of property Mrs. Knight traded to the City versus the significantly higher value of the property she currently owns, full disclosure laws, good faith efforts to "make whole," and whether the City's financial agreement would havebeen'differenthad it been known that there was no. current easement availability to water and utilities. Councilmember SuLlivan indicated she feltMrs. Knight should be compensated for what it had cost her to add water and utilities. Councilmember DeMond asked how much it would have cost if the neighbor had allowed Mrs. Knight use of the easement. The item was deferred;'~Mrs. Knight is to be informed of the meeting date and time when the item will be discussed. B. REVIEW AND RECOMMENDATION REGARDING DRAFTING AN ORDINANCE OR RESOLUTION OUTLINING THE ANNEXATION PROCESS WITH CONSIDERATION OF SUGGESTIONS FROM THE ANNEXATION TASK FORCE Several residents spoke on the topic, including Barbara Fields, Barbara Fowler, Brian Morrow, and Becky Kaiser. Comments included thanking the City for forward steps taken, the need for much more to be done, and the desire to have an ironclad standardized protest form completed for them. Resident responses to the Haynes' January 20 memo and the example "Guide to the Annexation Process" included small neighborhood meetings won't work, notices should say annexation notice, objections to placement in the classified section, a desire to extend the published notice to 45 days, and putting the guide in plain language instead of legalese. Staff comments included limitations on what can legally be provided to residents and the necessity for staff to follow existing law. Staff will continue working on the Agenda Summary Report Legislative and Litigation Committee January 20, 2000 Page 4 guide. Councilmember DeMond asked that a section on de-annexing be placed in the book. City Manager Alan Tandy indicated there is a difference between the fiiing of a formal annexation procedure which must be done by the Council and the pre- annexation education efforts which the City has used, identifying Old Stockdale as an example of a situation where no formal procedure was filed. A book may need to have separately identified sections. Legislative and Litigation Committee member comments included: the push for annexation was a direction from Council, not staff; improvements have been and are being made to the process; Councilmembers generally follow the lead of the ward's Councilmember; and the need for residents to identify what they want and for staff to tell them if it can't be done. Chairperson Couch voiced a desire to have the residents identify what they wanted so that staff can provide it to them if possible, thus avoiding delay and wasted time. He indicated that the next meeting .would be more structured and that he would like to delve more into details at that time and at future meetings. The item was deferred. C, REVIEW AND RECOMMENDATION REGARDING READING COUNCIL AGENDA ITEMS SEPARATELY INTO THE RECORD, AS OPPOSED TO COMBINING ITEMS, FOR THE BENEFIT OF THE TELEVISION AUDIENCE WHO MAY NOT BE FAMILIAR WITH THE INFORMATION CONTAINED IN THE AGENDA Assistant City Manager Alan Christensen and City Clerk Pam McCarthy briefly explained that the each item would be read individually for the viewing public. The agenda scrolls across the television screen prior to the Council meeting. Staff will investigate whether agenda items can be scrolled across the bottom during the Council meeting. Staff will monitor and make improvements. Councilmember DeMond moved and it was passed to set a special meeting for agenda items 5A and 6D and 6E within the next couple of weeks. D. REVIEW AND RECOMMENDATION RELATING TO PROCEDURE OR POLICY FOR COUNClLMEMBERS PLACING AN ITEM ON THE AGENDA Deferred to meeting to be scheduled. Agenda Summary Report Legislative and Litigation Committee January 20, 2000 Page 5 E. REVIEW AND RECOMMENDATION REGARDING ORDINANCE AMENDING SECTION 2.28.090 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE BOARD OF ZONING ADJUSTMENT Deferred to meeting to be scheduled. 7. COMMITTEE COMMENTS None. 8. ADJOURNMENT The meeting adjourned at 3:58 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater, Assistant City Manager Alan Christensen, Assistant to the City Manager Darnell Haynes, City Clerk Pam McCarthy; City Attorney Bart Thiltgen, Deputy City Attorney Virginia Gennaro, Deputy City Attorney Michael AIIford, Deputy City Attorney Carl Hernandez; Assistant Recreation and Parks Director Allen Abe; Senior Real Property Agent Don Anderson; Planning Director Stan Grady. Other Attendees: Mr. Rich O'Neil, Ms. Marci Cunningham, Mr. Kyle Northrup, Mr. James Cook, Ms. Sharla McDuffie, Ms. Barbara Fields, Ms. Barbara Fowler, Becky and Richard Kaiser, Mr. Brian Morrow, Mr. James Burger (P:\L&L\L000120.MIN)