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Home My WebLink About02/26/2001 BAKERSFIELD Alan Tandy, City~l~ianager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMrn'EE Special Meeting Monday, February 26, 2001 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:04 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David Couch Councilmember Jacquie Sullivan arrived at 1:08 p.m. 2. ADOPT NOVEMBER 28, 2000 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None. 4. DEFERRED BUSINESS A. 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 Attorney Bart Thiltgen explained that new procedures for annexation under state law takes precedent over City efforts in annexation efforts. As of January 1, 2001, LAFCo became the conducting authority and is required to establish policies and procedures which implement the intent of the new law. Under the Act, the City is no longer designated as the agency required to give notice, to hold protest hearings and to determine whether elections are necessary for proposed annexations. Those responsibilities now reside solely with LAFCo; City Attorney Thiltgen and Deputy City Attorney Carl Hernandez answered ADOPTED AS CLARIFIED IN THE APRIL 23, 2001 t. tIkqJ'[~S. Agenda Summary Report Legislative and Litigation Committee February 26, 2001 Page 2 questions from Committee Chair Benham and Committee member David Couch. Deputy City Attorney Hernandez explained LAFCo's policies and procedures must be in place by January 1, 2002. Also affected by the new law is Urban Development Committee Report 1-98 which was passed by Council on May 20, 1998. The report had been under review by the Legislative and Litigation Committee for replacing and/or elimination as part of the Committee's review of the broader annexation issue. With the passage of AB2838, many of the issues which were being reviewed became moot. After discussion, it was motioned, seconded, and I passed that the Committee forward to Council a recommendation to rescind Urban Development Committee Report 1-98 as it is no longer applicable under current state law. Committee Chair Sue Benham asked that public comments be limited to five minutes per person. Area residents Barbara Fowler and Becky Kaiser indicated they felt some of the pre- legal annexation issues which had previously been discussed were still applicable. The Committee directed the City Attorney to forward to Mr. Bill Turpin, Executive Director of LAFCo, the Committee's suggestions, after removing those which were no longer applicable under state law. Staff will monitor the progress LAFCo makes in the development of its new processes on annexation. Staff is to report back to Committee in four to six months on LAFCo's progress. 5, NEW BUSINESS A, REVIEW AND RECOMMENDATION REGARDING PUBLIC ACCESS TELEVISION City Attorney Thiltgen explained that Mr. Mason's request had three components. The first asked for the City Council to declare KCPA-TV the representative for public access TV in Bakersfield. City's existing non-exclusive cable franchises do not authorize the City Council to declare any individual or organization to be the representative for public access TV. (Mr. D. K. Mason indicated he could agree with this position.) The second asked the City Council to help KCPA-TV negotiate with the cable companies about the user agreement. Since no provision exists in the cable franchises for the City to dictate or approve the user agreement criteria of the companies, there is no authorization for the City to act as an agent for KCPA-TV and negotiate with the private cable companies. City Attorney Thiltgen recommended the City not assume this liability and suggested private entities needed to negotiate among themselves without City involvement. The third asked the city to provide a grant of $60,000 to KCPA-TV for the purpose of convincing the community to agree to a voluntary line item additional subscription charge on their cable bill which would be conveyed to KCPA-TV for operating costs. (An original request was for $86, $160 the first year, and $150,000 every year thereafter.) City Attorney Thiltgen recommended the request be denied based on Council's general policy of not granting funds for on-going operational costs, deficiencies within KCPA's financial statement and business plan, and the inability to confirm that KCPA-TV was indeed a 501(c)(3) charitable corporation. Agenda Summary Report Legislative and Litigation Committee February 26, 2001 Page 3 Mr. Jeff Thielscher indicated they were a 501(c) organization right now. They do have the paperwork and everything to put that through, that it has all been set up. Mr. D. K. Mason and Mr. Thielscher felt the cable companies were not complying with federal laws regarding public access. Deputy City Attorney Alan Daniel indicated his review of the issue had indicated no non-compliance. City Attorney Thiltgen agreed. Councilmember Jacquie Sullivan and Committee Chair Benham indicated they both felt this was a situation between two private parties disagreeing on an issue. After further discussion among Committee members, Committee Chair Benham asked Mr. Mason and Mr. Thielscher if they could be ready to present counter-arguments to the City's attorneys, clearly and concisely, by an April meeting. She specifically asked for: 1) specific examples where the cable companies are not in compliance with federal rules, including the legal basis for such; 2) the legal authority indicating the FCC can supercede franchise contract; 3) verification that Bakersfield is the only city in California that doesn't have or control public access; 4) if a majority of California cities do have public access, how have they accomplished it. Mr. Mason and Mr. Thielscher indicated they would be able to provide the requested information. Committee member Jacquie Sullivan indicated she wanted City Attorney staff to review Mr. Mason's and Mr. Thielscher's submissions prior to it being brought back to Committee. City Attorney Thiltgen also requested that in their submissions they provide the legal basis for their arguments on an item by item basis on the criteria the cable companies are providing to them and by the legal citations on why that would be illegal. Committee Chair Benham indicated that if Mr. Mason and Mr. Thielscher needed more time, the issue could be delayed to the following Committee meeting. She also indicated that Administrative Analyst Trudy Slater would be the contact person should they have questions on what is being asked of them. B, REVIEW AND RECOMMENDATION REGARDING 2001 LEGISLATIVE PLATFORM Administrative Analyst Trudy Slater presented the 2000 Legislative Platform with proposed changes for 2001. She explained current legislative concerns are captured in the City's Legislative Platform which identifies the City's legislative priorities for the year. This allows the City to focus its limited resources on legislative areas of greatest concern. It also provides a basis for quick response by City legislative advocates and departments to legislative issues that arise. Ms. Slater indicated city elected officials and department heads had been contacted for their input regarding proposed changes. After discussion of proposed changes and suggestions from Committee members, significant changes included shortening the introductory statement; adding, under General Policy Statements, support for legislation which maintains the provision of essential public utility services (e.g., electricity, natural gas, water) in a cost- effective manner and opposition to legislation which shifts to the state or federal government control of traditional municipal affairs. Under General Government, support for legislation which facilitates and expedites municipal annexation efforts was removed due to recent major state changes in annexation law. With the changes discussed, it was motioned, seconded, Agenda Summary Report Legislative and Litigation Committee February 26, 2001 Page 4 and passed to recommend the proposed 2001 Legislative Platform to City Council for approval, C. DISCUSS AND SET 2001 COMMI'I'rEE CALENDAR Administrative Analyst Slater presented the proposed calendar for the upcoming year, indicating that setting a calendar expedited Committee planning efforts. Committee Chair Benham thanked Committee members for being willing to meet at the 1:00 p.m. time slot. After discussion, a motion was made, seconded, and passed to approve the following Committee schedule for 2001, meetings to begin at 1:00 p.m.: March 26, April 23, June 25, August 27, September 24, October 22, and November 19. 6. COMMITTEE COMMENTS None. 7. ADJOURNMENT The meeting adjourned at 2:35 p.m. Staff Attendees: City Manager Alan Tandy, Assistant City Manager Alan Christensen, Administrative Analyst Trudy Slater, Assistant to the City Manager Darnell Haynes, City Clerk Pam McCarthy; City Attorney Bart Thiltgen, Deputy City Attorneys Alan Daniel and Carl Hernandez Other Attendees: Mayor Harvey Hall, Ray Allen, Barbara Fowler, Becky Kaiser, D. K. Mason, Jeff Thielscher (L&L\L010226,MIN.wpd) LEGISLATIVE AND LITIGAT ON COMM EE ADOPTED 2001 MEETING SCHEDULE OLegistative & Litigation Committee ~ City Council Meeting Holiday 1:00 p,m. Joint meeting Budget Headng or City Council and Department Presentations Board of Supervisors at City Council Meeting APRIL MAY JUNE S M T W TH F S S M T W TH F S S M T W TH F S 123 4567 12345 12 8 9 10~ 12 13 14 8 7 8 9 10 11 12~ 3 5 6 7 8 9 15 16 17 18 19 20 21 13 14 15~ 17 18 19___._ . 10 11 i2 14 15 16 22~.._~ 24~ 26 27 28 201[~{~! 22~23 24 25 26 17 19~20 21 22 23 29 30 27~i~ 29~ 31 24 26~ 28 29 3O JULY AUGUST SEPTEMBER S M T W TH F S S M T W TH F S S M T W TH F S 1 2 3 '"a'll~ 5 6 7 1 2 3 4 1 8 9 10 11 12 13 14 5 8 7~ 9 10 11 2 4L~ 6 7 8 15 18 17~ 19 20 21 12 13 14~15 16 17 18 9 11 12 13 ~4 15 22 23 24 25 28 27 28 19~20 21~ 23 24 25 16~17 18L~._9..] 20 21 22 26('27~ 28 29 30 31 23(k24~) 25 26 27 28 29 29 30 31 v 3O OCTOBER NOVEMBER ~lI S M W TH F S S M T TH F S F S 1 2 3 4 5 6 I 2 7 8 9~ 11 12 13, 4 5 6 7 8 9 I 2 3 4 5 6 7 8 28 29 30 31 25 26 27~ 29 30 26 27 28 February 26, 2001