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HomeMy WebLinkAbout04/23/2001 BAKERSFIELD Alan Tandy, Cit~.~,Manager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMI'I'I'EE Regular Meeting Monday, April 23, 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 2. ADOPT FEBRUARY 26, 2001 AGENDA SUMMARY REPORT City Attorney Bart Thiltgen explained the agenda summary reflected that Mr. Thielsher had indicated the organization was a 501(c)(3) organization when what he believed was intended was that the paperwork was ready to make application but the organization had not yet received 501(c)(3) designation from the Federal Government. Adopted as clarified. 3. PUBLIC STATEMENTS None. 4. DEFERRED BUSINESS A. REVIEW AND RECOMMENDATION REGARDING PUBLIC ACCESS TELEVISION Administrative Analyst Trudy Slater referred to the handout Committee members had received earlier from Mr. Mason relating to his response to Committee questions from the previous meeting. Mr. Mason indicated his belief that the City Council could require Bakersfield's cable companies to provide access, referencing county franchises. City Attorney Thiltgen indicated the lack of a requirement for the City Council to establish a public access channel. The City has contracts with both Cox Communications and Time ADOP'I'I~D AS SUBI~TTED ON .JUNE 25, 2001. Agenda Summary Report Legislative and Litigation Committee April 23, 2001 Page 2 Warner of long duration. The City cannot unilaterally change those contracts; it would take agreement on the part of all parties to do so. The cable companies have a right to control their output. He sees Mr. Mason's requests as negotiations between two private parties. Committee members agreed that information previously requested from Mr. Mason had not been adequately provided. Other issues of concern included public access abuses, telling the cable companies how to "do it," and requesting staff to provide information requested from Mr. Mason. Committee Chair Benham directed staff to contact five jurisdictions (Fresno, Ventura County, Redding, Ridgecrest and Sacramento) to ascertain their public access policies. She indicated she wanted to bring finality to the issue and was happy with what City staff had done so far. The item will be reviewed again at the June 25 Committee meeting. 5. NEW BUSINESS A. REVlEWAND RECOMMENDATION REGARDING ANNOUNCING CLOSED SESSION ACTION Committee Member David Couch explained that he would like to report out Council actions from closed sessions by Council member rather than a group vote (i.e., 5-2). Discussion ensued on what was and was not reportable, what returns to the City Council agenda and what does not, and whether the public action is a ratification of what happens in closed session. City Attorney Bart Thiltgen explained that some actions are not reportable by law and other actions are. Only votes passing an action are reported; those that fail are not reported. The decision to report by Council member name, on reportable actions, is a policy to be decided by Council and is not a legal issue. Committee Chair Sue Benham agreed with Committee Member Couch that once the discussion is finished there is no reason to keep the voting by members a secret. Committee Chair Benham and Committee member Couch asked for a majority Committee report be prepared for Council action to reflect a policy on reporting out closed session action by Council member, explaining the issues, and including abstentions or conflicts of interest. The City Attorney was directed to prepare a memorandum describing the pros and cons of the issue. Committee member Sullivan felt that there was a need to review the pros and cons of the issue before action was taken. B. REVIEW AND RECOMMENDATION REGARDING STANDARDIZATION OF PUBLIC NOTICE FORMAT City Clerk Pam McCarthy explained the handouts distributed to the Committee referencing standard noticing policies and illustrating actual examples as printed in the Bakersfield Californian, an adjudicated paper of general distribution for the Bakersfield area. Discussion Agenda Summary Report Legislative and Litigation Committee April 23, 2001 Page 3 ensued relative to costs incurred relative to 1/8th page display ads as well as the numerous types of public notices required and provided by the City's different departments. Committee Member Couch suggested that all written public notices feature the City of Bakersfield "squiggle." Committee Member Sullivan suggested that the use of the squiggle on by the Redevelopment Agency would imply the City rather than the separate Redevelopment Agency. Staff was directed to recommend to Council a policy requiring the Bakersfield "squiggle" on all written City public notices. 6. COMMITTEE COMMENTS None. 7. ADJOURNMENT The meeting adjourned at 2:45 p.m. Staff Attendees: Administrative Analyst Trudy Slater, City Clerk Pam McCarthy; City Attorney Bart Thiltgen, Deputy City Attorney Alan Daniel Other Attendees: Becky Kaiser, DeVictor Mason, James Burger, Denny Ao (L&L~010423.MIN.wI:x:I)