HomeMy WebLinkAbout09/22/2003 B A K E R S F I E L D
Alan Tand~, City Manager Sue Benham, Chair
Staff: Trudy Slater David Couch
Jacquie Sullivan
AGENDA SUMMARY REPORT
LEGISLATIVE AND LITIGATION COMMITTEE
Regular Meeting
Monday, September 22, 2003
1:00 p.m.
City Manager's Conference Room
1. ROLL CALL
Called to order at 1:07 p.m.
Members present: Councilmember Sue Benham, Chair
Councilmember David Couch
Councilmember Jacquie Sullivan
2, ADOPT JULY 21, 2003 AGENDA SUMMARY REPORT
Adopted as submitted.
3, PUBLIC STATEMENTS
None.
4. DEFERRED BUSINESS
A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARD-lNG
CITY ORDINANCE RELATING TO THE APPROVAL OF SALE OR LEASE OF
PROPERTY
City Attorney Bart Thiltgen briefly reiterated the staff recommendation to have
consistency and conformity across ordinances. He added the City Council can enter
into agreements with only a majority vote but a supermajority City Council approval is
required for a Redevelopment Agency agreement. It is appropriate to, therefore, have a
Council majority vote, rather than the supermajority vote (5 of those present) of Council
which is now required. After a brief discussion, the Committee deferred this item to a
time when City Manager Alan Tandy would be able to discuss further.
Agenda Summary Report
Legislative and Litigation Committee
September 22, 2003
Page 2
5. NEW BUSINESS
A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING
MISDEMEANOR PROSECUTIONS BY THE CITY ATTORNEY
City Attorney Thiltgen explained to the Committee that he had requested statistical
information from the District Attorney's Office relating to the numbers and types of
misdemeanors that the County processes for the City. This was in response to District
Attorney Jagels' request to the City Council for the City to take over all misdemeanor
prosecutions within the City. Issues to be considered, besides the requested information,
include the City not absorbing a disproportionate share of the county-wide misdemeanor
prosecution reductions, whether the fines and forfeitures of the City-prosecuted
misdemeanors would come to the City, impacts upon the community, the effect this has/will
have on the Bakersfield Police Department, and what attorney and support staff
commitments would be required.
City Attorney Thiltgen indicated that in many cases there are five times as many
misdemeanors prosecuted as felonies, and a number of cities have multiple numbers of
attorneys working on misdemeanors.
Assistant City Manager John Stinson indicated in the early 1990's the City had "loaned" two
city attorneys (at separate times) to the District Attorney's office for a period of six months
to address high work load periods needed at those times.
The Committee felt the need to continuing working on the issue and that it should be
reviewed in depth. When information from the County is obtained and information is
available from the Police Department, the item will be placed back on the Committee
agenda.
6. COMMITTEE COMMENTS
None.
7. ADJOURNMENT
The meeting adjourned at 1:36 P.m. .~
Staff Attendees: Assistant City Manager John Stinson, Administrative Analyst Trudy Slater,
City Attorney Bart Thiltgen, Deputy City Attorney Ginny Gennaro; Real Property Manager Don
Anderson
Other Attendees: None
(L030922-MIN)