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Home My WebLink About11/19/2001 BAKERSFIELD Alan anager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Monday, November 19, 2001 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:05 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David Couch Councilmember Jacquie Sullivan, arriving 1:12 p.m. 2. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION CLOSED SESSION PURSUANT TO SUBDIVISION (A) OF GOVERNMENT CODE SECTION 54956.9 PEOPLE v. CLOVIS CLINTON;, KERN COUNTY SUPERIOR COURT CASE NO. BM607521A Committee Chair Sue Benham indicated there was no reportable action from the closed session. 3. ADOPT OCTOBER 22, 2001 AGENDA SUMMARY REPORT Adopted as submitted. 4. PUBLIC STATEMENTS None. ADOPTED AS SUBHITTED ON JANUARY 28, 2002. Agenda Summary Report Legislative and Litigation Committee November 19, 2001 Page 2 5. DEFERRED BUSINESS A. REVIEW, DISCUSSION, AND RECOMMENDATIONS RELATING TO PROPOSED FIREWORKS ORDINANCE CHANGES Assistant City Manager Alan Christensen, Deputy City Attorney Michael AIIford and City Treasurer Bill Descary explained the changes which were being proposed, including the elimination of the clause on flame retardant canopies as well as "free standing" canopy issues. City Treasurer Descary handed out a list of 2001 Fireworks Stand Drawing Applicants, listed by organization. A lengthy discussion ensued on the allowance of more than one subunit, meeting the City's criteria, under one tax identification number, making application for the limited number of available fireworks stand permits. The Committee agreed that subunits under one tax identification number could apply but after a subunit using that tax identification number was picked, the others under that same tax identification number would be ineligible in that drawing. If at the end of the drawing, fireworks stand permits remain available to be drawn, a second drawing would be conducted wherein those subunits would be placed once again in the drawing until the tax identification number was once again drawn. This process of separate drawings would continue until all fireworks stand permits are drawn or until the number of applicants is exhausted. Chairperson Benham and Committee Members Couch and Sullivan were unanimously in favor of the proposed changes. Staff will include the appropriate language within the proposed ordinance for forwarding to Council for approval. Staff will report back to Committee after the application period on issues arising from the new application process and also after July 4 regarding issues with distance requirements. Staff will further explore issues raised regarding City liability and manufacturers of fireworks. B. REVIEW, DISCUSSION, AND RECOMMENDATIONS RELATING TO SUBCOMMITTEE'S REVIEW OF ANNEXATION PROCEDURES City Attorney Bart Thiltgen referred to his memo of November 1, 2001 relating to draft answers to questions posed by Becky Kaiser. He indicated he was in receipt of additional questions/comments relating to his response. Committee Member Couch indicated issues relating to "informational" meetings and notification remained, whether the meetings were mandatory, and the timing of the meetings. City Attorney Thiltgen indicated flexibility is an issue relative to specific needs within an annexation area, 'i.e., large vs. small, requests of inhabitants, etc. The "bundling" of annexation areas non-contiguous to each other was also discussed. Response cards would be tallied by staff for Council review, interpretation, and action.' Agenda Summary Report Legislative and Litigation Committee November 19, 2001 Page 3 Committee Chairperson Benham indicated she would like to address Palm-Olive residents concerns without the City and LAFCo duplicating processes, that there was only so much the City can do to engage public participation, and that it was important to be specific when adopting standards. Committee Member Couch indicated he felt that not ever being able to bundle annexation efforts was inefficient but that this issue could be addressed at a later time. Committee Member Sullivan indicated the informational meetings should focus on the benefits of belonging to the City. Committee Member Couch indicated the affected County Supervisor and County staff should be invited to the informational meetings. City Attorney Thiltgen indicated, in response to Committee Member Couch's question, that most of the items would be in the Council policy resolution. The process for the informational meetings would not be in the resolution. The resolution can be set up so that it takes effect at a time specific in 2002. City Attorney Thiltgen will draft the resolution. The subcommittee will meet again. Committee Chairperson Benham indicated she felt a mission statement would be very appropriate. 6, NEW BUSINESS A, DISCUSS AND SET MEETING SCHEDULE - JANUARY 2002 THROUGH NOVEMBER 2002 The Committee reviewed the proposed schedule prepared by Administrative Analyst Trudy Slater. The proposed meeting date of April 15 was changed to April 22, 2002 to accommodate Council Member schedules. A motion was made, seconded and passed to set the Legislative and Litigation Committee meeting schedule for 2002 on Mondays at 1:00 p.m. on the following dates: January 28; February 25; Mamh 18; April 22; May 13; June 17; July 22; August 19; September 23; October 21; and November 18. 7. COMMITTEE COMMENTS None. 8. ADJOURNMENT The meeting adjourned at 2:55 p.m. Staff Attendees: Assistant City Manager Alan Christensen, Administrative Analyst Trudy Slater, City Clerk Pam' McCarthy; City Attorney Bart Thiltgen, Deputy City Attorney Michael AIIford; Development Services Director Jack Hardisty; Finance Director Greg Klimko, City Treasurer Bill Descary; Director of Environmental Services Ralph Huey Other Attendees: Ray Allen, Barbara Fields, Barbara Fowler, Cheryl Nelson, Bill Brimmer, James Burger, Mark Dickerson (L011119.MIN)