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HomeMy WebLinkAbout08/19/1999 BAKERSFIELD David Couch, Chair Patricia J. DeMond Jacquie Sullivan Staff: Trudy Slater AGENDA LEGISLATIVE AND LITIGATION COMMITTEE of the City Council - City of Bakersfield Thursday, August 19, 1999 1:30 p.m. City Manager's Conference Room Second-Floor - City Hall, Suite 201 1501 Truxtun Avenue Bakersfield, CA 1. ROLL CALL 2. ADOPT JULY 15, 1999 AGENDA SUMMARY REPORT 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. CONSIDERATION OF VOTING AND NOMINATION PROCEDURES FOR COMMISSIONS, BOARDS AND COMMITTEES 6. NEW BUSINESS A. RECOMMENDATIONS FOR LEAGUE VOTING DELEGATE AND ALTERNATE DELEGATE TO LEAGUE ANNUAL CONFERENCE 7. COMMITTEE STATEMENTS 8. ADJOURNMENT p:\L&L~AGN990819 DRAFT .B A K E R S F I E L D Alan Tandy, City Manager / David Couch, Chair Staff: Trudy Slater ~ Patricia J. DeMond Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Thursday, July 15, 1999 1:30 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:35 p.m. Members present: Councilmember David Couch, Chair Councilmember Patricia DeMond Councilmember Jacquie Sullivan (arriving at 1:58 p.m.) 2. ADOPT JUNE 17, 1999 AGENDA SUMMARY REPORT Approved as corrected. Under Council Public Statement Policies, paragraph two, second line, the word Attorney should read Manager. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None DRAFT Agenda Summary Repor~ Legislative and Litigation OommitJee ,July 1§, lggg Page 2 ,5. DEFERRED BUSINESS A. REVIEW OF PROPOSED AMENDMENT TO AMPLIFIED SOUND ORDINANCE City Attorney Bart Thiltgen and Assistant City Attorney Michael AIIford explained amendments that were proposed. Mr. AIIford indicated that proposed changes would delete the distinction between the commercial as opposed to non-commercial use of amplified sound and would allow amplified sound in the Central Traffic District with conditions that take into account 'residential uses. Proposed changes included (but are not limited to) requirements that the request be submitted two working days prior to the event and that amplified sound would be allowed by permit in the Central Traffic District with restrictions (to be heard no more 50 feet from the edge of the business/establishment property from which the noise emanated). Special events permits are separate. Ice cream truck concerns would be reviewed in the future. Councilmember Sullivan encouraged businesses holding an event to contact their surrounding neighbors to let them know of special activities. The Committee directed staff to forward to the Council for approval the proposed amendment changes. 6. NEW BUSINESS A. CONSIDERATION OF REFERRAL ON VOTING AND NOMINATION PROCEDURES FOR COMMISSIONS, BOARDS AND COMMITTEES City Clerk Pamela McCarthy reviewed her handout on Appointments of Board and Committee Members which was distributed with the Committee agenda. Chairperson Couch indicated there had been a concern voiced over the last Fire Civil Service Commission appointment. Ms. McCarthy clarified that the system .used is one whereby a Councilmember can vote for three candidates, with candidates receiving either three points (first), two points (second), or one point (third), to reflect the order of preference by Councilmembers. Councilmembers can elect to vote only for one candidate. Councilmember Sullivan indicated that when some Councilmembers vote for more than one while others do not, the total point ranking can be skewed. DRAFT Agenda Summary Report Legislative and Litigation Committee July 15, 1999 Page 3 On the first vote (as in Fire Civil Service) the two persons with the highest number points are then placed on a second or run-off ballot. Thus, a person who gets the most individual votes (on this particular ballot) is not necessarily the one who receives the highest number of points. The secondary ballot (on the Fire Civil Service appointment)is a one vote only situation (all votes being equal) whereby the individual with the most votes on the secondary ballot is the individual to be confirmed by Council. Councilmember Sullivan indicated her wish, if the process is to be amended, to recommend to Council that members be required to vote either for one candidate at a time or for three but not a variation in between so that consistency is maintained among all Councilmembers. Councilmember DeMond agreed with Chairperson Couch's recommendation that · . on Council appointments to boards, commissions and committees whose numbers are unequal to the number of Councilmembers that Councilmembers each have an equal (one-point) vote and the individual receiving the highest number of votes is confirmed by the Council. If secondary votes are necessary where a majority vote is not obtained, the process is to be repeated. In situations where the appointments are equal to the number of Councilmembers, each Councilmember would each nominate for appointment one individual with confirmation by the entire Council. The Committee agreed that Councilmembers have the right to change their votes on secondary or subsequent votes. The Committee agreed that having the City Clerk read the results of a set of individual Councilmembers votes as soon as they are recorded was a process that should be instituted. City Attorney Thiltgen indicated this point was an administrative/procedural as opposed to a legal change. The Committee directed staff to prepare for Council a majority report reflecting Chairperson Couch's and Councilmember DeMond's recommendations and a minority report from Councilmember Sullivan reflecting her recommendationsl 7. COMMITTEE STATEMENTS Councilmember Sullivan introduced her grandson Kevin Reed. DRAFT Agenda Summary Report Legislative and Litigation Committee July 15, 1999 Page 4 8. ADJOURNMENT The meeting adjourned at 2:58 p.m. Staff Attendees: City Attorney Bart Thiltgen, Assistant City Attorney Michael AIIford; Administrative Analyst Trudy Slater; City Clerk Pamela McCarthy; Police Captain William Rector; City Treasurer Bill Descary Other Attendees: Kevin Reed, Local Television Cameraman (P:\L&L~990715-C, MIN)