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Home My WebLink About09/24/2001 BAKERSFIELD Alan T er Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMI'I-FEE Regular Meeting Monday, September 24, 2001 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:06 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David Couch, arriving 1:08 p.m. Councilmember Jacquie Sullivan 2. ADOPT AUGUST 27, 2001 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None. 4. DEFERRED BUSINESS A. DISCUSSION AND REVIEW RELATING TO LAFCO ANNEXATION PROCEDURES Committee Chairperson Sue Benham accepted Mr. Stuart Baugher's submission for Committee review. After Committee discussion focusing on past practices, the need to provide flexibility to accommodate different needs and requirements, and the desire to be positive and fair, Chairperson Benham made a motion to appoint a subcommittee including Councilmember David Couch and representatives from the City Clerk's Office, the City Attorney's Office, the City Manager's Office, and Development Services to develop a flexible "pre-application" process and report back to the Committee. Councilmember Couch indicated his willingness to accept this assignment. Councilmember Jacquie Sullivan approved this approach as one which would be working from "the inside out." 'ADOPTED AS SUBMITTED ON OCTOBER 22, 2001 Agenda Summary Report Legislative and Litigation Committee September 24, 2001 Page 2 There will be an attempt made to bring the subcommittee's recommendations back to the next Legislative and Litigation Committee meeting. Mr. Baugher's submission at the Committee meeting and Mrs. Fowler's packet information would be included in subcommittee discussions. City Clerk Pam McCarthy will coordinate the dissemination of information to Committee attendees interested in this issue if it is available prior to the next Committee meeting. B. DISCUSSION, REVIEW AND RECOMMENDATION REGARDING MINUTES OF CLOSED SESSIONS City Attorney Bart Thiltgen discussed his memorandum dated September 21,2001, handed out at the Committee meeting, reiterating his recommendation against tape recording of meetings as it could put the organization at risk in the instance of any claim being made that the City was in violation of the Brown Act. The current process used is protected under Attorn(.~y-Client privilege, and he recommended retaining the status quo. Councilmember Sullivan reiterated, and City Attorney Thiltgen concurred, that individual Councilmembers could take notes if they wanted. It was motioned, seconded, and unanimously passed by the Committee to have the City Attorney continue current practice relating to closed sessions with the proviso that individual Councilmembers could direct the City Attorney to take notes on issues for which they felt it was necessary. 5. NEW BUSINESS A. STREAMLINING COUNCIL MEETINGS City Manager Alan Tandy reviewed his memorandum of September 18, 2001, which included Councilmember Harold Hanson's recommendations. He explained the rationale behind staff's positions on "recommended actions" and "non-recommended actions." Assistant City Clerk Roberta Gafford handed out a City Clerk Survey regarding the operations of other cities' council meetings. Councilmember Sullivan commented that shortening attempting to shorten Council meetings was up to Councilmembers; as a group the Council could try to keep comments brief and effective. Chairperson Benham indicated a Councilmember trend for each Councilmember to explain the rationale for their votes. She encouraged such statements only when they were very important and non-repetitive. After considerable discussion and general agreement that change was needed to expedite Council meetings, the Committee recommended and approved recommended actions 1-8 and 10-11. Other avenues to expedite Council meetings could include combining hearings not appealed into one motion and planning ahead for a second meeting during General Plan Amendment hearings. The City Attorney will prepare the necessary ordinance changes for Council approval. Agenda Summary Report Legislative and Litigation Committee September 24, 2001 Page 3 B. REVIEW, DISCUSSION, AND RECOMMENDATIONS RELATING TO AMENDMENTS TO BAKERSFIELD MUNICIPAL CODE SECTION 2.04.010 REGARDING HEARING PROCEDURES Per City Attorney Thiltgen, this item was addressed in the previous agenda item. C. REVIEW AND DISCUSSION RELATING TO DRAFTING A RESOLUTION OF SUPPORT FOR THE FILIPINO VETERAN EQUITY BILL OF RIGHTS PER A REQUEST FROM ELENA CALAUSTRO Administrative Analyst Trudy Slater explained the referral made to the Committee relating to a resident's request for a resolution of support for the Filipino Veterans Equity Bill of Rights. State and federal bills had been proposed supporting the effort. Assembly Joint Resolution was in enrollment awaiting forwarding to the Governor of California. Federal legislation H.R. 491 and S. 1042 were in committee. The Committee reviewed a draft resolution prepared by staff. Chairperson Benham supported the language relating to encouraging the full and serious consideration of the petition. The motion was made, seconded, and passed to forward the proposed resolution to Council for approval. 6. COMMI'n'EE COMMENTS None. 7. ADJOURNMENT The meeting adjourned at 2:53 p.m. Staff Attendees: City Manager Alan Tandy, Assistant'City Manager John Stinson, Administrative Analyst Trudy Slater, City Clerk Pam McCarthy, Assistant City Clerk Roberta Gafford; City Attorney Bart Thiltgen, Deputy City Attorney Virginia Gennaro; Development Services Director Jack Hardisty Other Attendees: Ray Allen, Stuart Baugher, Barbara Fields, James Burger, Becky Kaiser, Barbara Fowler, Tammy Brown (L010924.MIN)