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HomeMy WebLinkAbout05/20/2008 i S A K E R S F I E L D Sue Benham, Chair Rhohda Smiley, A ' tant to the City Manager/ P.I.O. David Couch For: Alan Tandy, City Manager Jacquie Sullivan AGENDA SUMMARY REPORT Special Meeting of the LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, May 20, 2008 — 1:00 p.m. City Manager's Conference Room — Suite 201 City Hall, 1501 Truxtun Avenue, Bakersfield, CA The meeting was called to order at 1:03 PM. 1. ROLL CALL Present: Councilmember Sue Benham; Chair Councilmember David Couch Councilmember Jacquie Sullivan Staff present: Alan Tandy, City Manager Steven Teglia, Admin Analyst III John W. Stinson, Assistant City Manager Rick Kirkwood, Management Asst. Rhonda Smiley, Assistant to the City Mgr/P.I.O. Stanley Grady, Development Services Ginny Gennaro, City Attorney Roberta Gafford, City Clerk Jefferson Billingsky, Associate Attorney Others present: Peter Samore, KUZZ Radio Craig Smith, Bluffs & Trails Committee Russell Johnson, Planning Commissioner Jenny Shearer, Bakersfield Californian Tom Johnson Will Winn, KTF Mark McCallum AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, May 20, 2008 2. ADOPT APRIL 14, 2008 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None 4. DEFERRED BUSINESS None 5. NEW BUSINESS a. Consideration of Planning Commission Ordinance Revision — Gennaro On March 26, 2008, Councilmember Weir made a referral to the Legislative and Litigation Committee requesting that the Committee consider changing the Bakersfield Municipal Code dealing with the appointment of planning commissioners. The following revisions to the Code were requested for consideration: 1) Allow each councilmember an appointment to the Planning Commission; 2) Planning Commissioner's term of office to expire upon the term, resignation, or departure of the office by the nominating councilmember; and 3) Allow a planning commissioner to be removed upon majority vote of the City Council. This issue was discussed at the City Council meeting of April 23, 2008. Councilmember Carson stated that in reference to the removal of a planning commissioner, the Ordinance should include "for cause". City Attorney Gennaro presented two red-line, strike out versions of the Ordinance to the Legislative and Litigation Committee for review. One contains the revisions requested by Councilmember Weir, and the other contains the revisions requested by Councilmember Carson. Both versions contain red-line revisions to Paragraph B, which were made by the City Attorney, and not at any Councilmember's request. This was done in order to make the ordinance current by updating the language on the dates for future appointments. Committee Chair Benham expressed concern with Councilmember Carson's "for cause" statement, in that it is very vague and may be a problem in future instances. There is the protection of the "super majority vote," which ensures that the cause issue would not be taken lightly by the City Council. City Attorney Gennaro stated that she spoke with Councilmember Carson regarding the possible concerns that might arise with the vagueness of the "for cause" statement. Councilmember Carson stated that, if necessary, specificity could be added to the "for cause" statement. Committee member Sullivan concurred with Committee Chair Benham that five votes would indicate cause. AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, May 20, 2008 Committee Chair Benham stated that she would not support Councilmember Weir's request. Committee member Couch stated the reason that the Planning Commissioners' terms are staggered is to accommodate new members and get them fully familiar with their job, which is a difficult one. If Planning Commissioners terms were concurrent with Councilmembers, there is a possibility that three or four new Planning Commissioners would be appointed at the same time. The importance for the Planning Commission to have continuity needs to be expressed in the Administrative Report presented to the City Council. Committee member Sullivan expressed that no changes should be made at this time. — Craig Smith, Bakersfield Bluffs & Trails Committee, stated that it was made very clear by the public speakers at the City Council meeting of April 23, 2008, that the motion to remove Planning Commissioner Russell Johnson was not supported. Committee member Sullivan made the motion that the committee considered the referral request and determined that no changes were necessary at this time, with the exception of the technical modifications suggested by the City Attorney. Motion passed with all Ayes. 6. CLOSED SESSION None 7. COMMITTEE COMMENTS None 8. ADJOURNMENT The meeting adjourned at 1:27 PM. cc: Honorable Mayor and City Council