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HomeMy WebLinkAbout10/20/2003 B A K E R S F I E L D Alan Tandy, City~Vlanager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Monday, October 20, 2003 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:10 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David Couch Councilmember Jacquie Sullivan 2, ADOPT SEPTEMBER 22, 2003 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None. 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION AND COMMITrEE RECOMMENDATIONS REGARDING CITY ORDINANCE RELATING TO THE APPROVAL OF SALE OR LEASE OF PROPERTY City Manager Alan Tandy explained that the California Health and Safety Code Section 33433 requires the legislative body (City Council) to conduct a public hearing and adopt a resolution approving any sale or lease of real property which has been acquired by a redevelopment agency directly or indirectly with tax increment monies. That statute only requires a simple majority to adopt such a resolution. However, the statute does authorize a legislative body to require a 2/3rds vote to adopt such a resolution, if the legislative body adopts an ordinance containing that super-majority requirement. The City Council adopted such an ordinance in 1987. It means that 2/3rds of the entire Council (5 members), not 2/3rds of the Council Agenda Summary Report Legislative and Litigation Committee October 20, 2003 Page 2 members present at the meeting, must vote affirmatively before the redevelopment agency can sell or lease its property. In the event that three Council members are absent or have conflicts of interest, the sale or lease of property could not be approved. Normally the Agency only acquires property as a "middleman" in a transaction with a developer. That is, the Agency buys property and either simultaneously or after a period of time resells it to a developer. Often there are three-party agreements. The current ordinance imposes a substantial risk in that regard. The City buys property on a simple majority vote. We enter into development agreements on a single majority vote. The City could, therefore, intend to buy a property for the sole purpose of selling it to a developer. Through a development agreement, we could even be contractually obligated to do so. If the vote was 4-3, however, the City would buy the property but, because of the current ordinance, not be able to sell it. In short, the City would have the expense but not the revenue and could be in breach of a contract. This is an unnecessary risk that the City should not be taking. After discussion, the Committee, on a split vote, directed staff to place the issue on the City Council's agenda for discussion and approval. B. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING THE CITY'S BIDDING PROCESS Public Works Director Raul Rojas explained that pre-bid meetings often had the downside of indirectly excluding people from the pool of potential bidders and required more staff time. He indicated that pre-bid meetings, while not effective for small projects, could be used effectively for very large projects. The City's ordinance granted the flexibility to do that, allowing staff discretion on a project by project basis. Finance Director Greg Klimko noted that the incident which brought the issue to the Committee was a miscommunication on a form used in the bidding process and that this had been corrected. Committee Member David Couch reiterated that if there is an opportunity, when it was not an operational issue, for the City to save money in splitting a bid, staff should do so. After further discussion, the Committee indicated no further action was needed. 5. NEW BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO ENFORCEABILITY OF BAKERSFIELD MUNICIPAL CODE SECTION 9.22.140 REGARDING EXCESSIVE NOISE FROM VEHICLES Committee Chair Sue Benham indicated she had received a complaint regarding vehicular noise (music) from a resident around Jefferson Park who had indicated to her that Las Vegas has an ordinance relating to excessive noise from vehicles. In the ensuing discussion, questions raised included whether the vehicle was moving or parked, whether it was on a public road or on private property, applications of the State Vehicle Code or municipal code, issuance of misdemeanors or infractions, 50 feet vs. '25 feet, whether enforcement is mainly complaint driven, citizen's vs. officer arrest, and Agenda Summary Report Legislative and Litigation Committee October 20, 2003 Page 3 the Bakersfield Police Department's position as well those of other jurisdictions. Committee Chair Benham asked that the item be brought back at a future meeting. 6. COMMITTEE COMMENTS Committee Chair Benham indicated that the Legislative and Litigation Committee had previously initiated a resolution which Council approved expressing concerns with the non- air-pollution regulated trucks allowed in California through the NAFTA agreement (Mexican trucks on U. S. highways). She and Councilmembers Couch and Maggard had attended a clean air meeting in Fresno in April at which she had asked about this issue. She read for the Committee the e-mail response she had received to that question. The response indicated that on August 26, 2003 a notice in the Federal Register was issued on the U.S. Department of Transportation Federal Motor Carriers Safety Administration (FMCSA) intent to prepare a programmatic environmental impact statement (PEIS) on the issue of Mexico-domiciled trucks traveling on U.S. highways as would be allowed under NAFTA. Previously the FMCSA had prepared a programmatic environmental assessment (PEA) with a finding of no significant impact which was overturned by the 9th Circuit Court of Appeals. The Court found that FMCSA acted arbitrarily and capriciously by failing to conduct any environmental analysis. The FMCSA intends to comply with the court finding by preparing a PEIS. Mexico-domiciled trucks are not being allowed beyond a short buffer region on U. S. highways until this study is complete and all application and safety monitoring rules are approved by the FMCSA. Committee Member Couch asked whether the City and interested others would be able to comment. Committee Chair Benham asked the Attorney's Office to report back on when the comment period would be. Administrative Analyst Trudy Slater was asked to forward Committee Chair Benham's e-mail to the City Council and also to Supervisor Barbara Patrick. 7. ADJOURNMENT The meeting adjourned at 1:53 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater, City Attorney Bart Thiltgen, Deputy City Attorney Ginny Gennaro; Finance Director Greg Klimko, Assistant Finance Director Nelson Smith, Real Property Manager Don Anderson, Purchasing Agent Darlene Wisham, Public Works Director Raul Rojas, Fleet Superintendent Ernie Medina, Public Works Operations Manager Brad Underwood, General Services Superintendent Steve Hollingsworth, Civil Engineer IV Arnold Ramming, Police Captain Bryan Lynn, Police Lieutenant Tim Taylor Other Attendees: None (LO31020-MIN)