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HomeMy WebLinkAbout10/21/2013 Staff: City Council Members: Rhonda Smiley, Assistant to the City Manager Terry Maxwell, Chair Jacquie Sullivan Russell Johnson Regular Meeting of the Legislative and Litigation Committee of the City Council – City of Bakersfield Monday, October 21, 2013 12:00 p.m. City Hall North 1st Floor Conference Room A 1600 Truxtun Avenue, Bakersfield CA 93301 A G E N D A 1. ROLL CALL 2. ADOPT SEPTEMBER 23, 2013 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. NEW BUSINESS A. Discussion Regarding False Alarm Regulations – Williamson B. Discussion Regarding Amplified Music and Events in Parks – Hoover 5. COMMITTEE COMMENTS 6. ADJOURNMENT City Council Members: Rhonda Smiley, Assistant to the City Manager Terry Maxwell, Chair Jacquie Sullivan Russell Johnson AGENDA SUMMARY REPORT Special Meeting of the LEGISLATIVE AND LITIGATION COMMITTEE Monday, September 23, 2013 - 12:00 p.m. City Hall South City Council Chambers 1501 Truxtun Avenue, Bakersfield CA 93301 The meeting was called to order at 12:00 PM. 1. ROLL CALL Present: Councilmember Terry Maxwell, Chair Councilmember Jacquie Sullivan Councilmember Russell Johnson Staff Present: Alan Tandy, City Manager Virginia Gennaro, City Attorney Rhonda Smiley, Asst. to the City Manager Josh Rudnick, Deputy City Attorney Roberta Gafford, City Clerk Tom Geddes, Associate City Attorney Others Present: Tom Buck, Calvary Bible Church David M Todd, Calvary Bible Church Jim Fortson, Calvary Bible Church Linda West, Bakersfield Resident Greg Ibarra, Life Savers Ministries Magarita Ibarra, Life Savers Ministries Alvis West, Life Savers Ministries Maylee Shnider, Right To Life of Kern Amparo Kinnsch, Life Savers Ministries Diane Dhanens, Life Savers Ministries Barbara Mickey, Right To Life of Kern Seven Bates, Bakersfield Resident Kayla Bates, Bakersfield Resident Mary Darrah, Bakersfield Resident Ron Roberson, Higher Ground Church Duabbe Seams, Life Savers Ministries Mary Martin, Bakersfield Resident Bill Darrah, Life Savers Ministries Greg Desme, St. Francis Church Ty Soto, St. Francis Church Legislative and Litigation Committee Meeting Monday, September 23, 2013 Agenda Summary Report Page 2 Becky Zobel, Life Savers Ministries Christy Horne, Right To Life of Kern Erick Hann, Bakersfield Resident Mark Kinnsch, Bakersfield Resident Otilia Curiel, Houses of Light Church Catherine Romley, Bakersfield Resident Paul Linfety, Bakersfield Resident Nancy Clover, Bakersfield Resident Hazel Rice, Dem. Women of Kern James Prince, Grace Baptist Church Kent Scott, Calvary Bible Church Terri Palmquist, Life Savers Ministries Joseph Palmquist, Life Savers Ministries Maria Cortez, House of Lights Church Jennifer Smith, Pro Choice Kern County John Burns, Bakersfield Resident Dianne Ulloa, BATTLES Ben Hicks, Bakersfield Resident Trinity Hicks, Bakersfield Resident June Watts, Bakersfield Resident Daisy Watts, Bakersfield Resident Elizabeth Watts, Bakersfield Resident J Nolke, KTTV, Bakersfield Resident Cindi Wade, Bakersfield Resident Tim Palmquist, Life Savers Ministries Max Van Dyke, Christ Cathedtal Taylor Spellins, Bakersfield Resident Jonathan Kave, Bakersfield Resident Aubrie Felkins, Bakersfield Resident Genevieve Zuniga, Bakersfield Resident Caleb Palmquist, Life Savers Ministries David Bradford, Life Savers Ministries Matt Palmquist, Life Savers Ministries Christopher Leithoser, Atheist Society Kern Paul Bariniesca, Pro-Life Lois Watson, Pro-Life Sheila Roth, Pro-Life Lidia Torres, Pro-Life Natasha Martin, Pro-Life Meridee Wilson, Bakersfield Resident Bruce Wilson, , Pro-Life Catherine Short, Life Legal Det. Foundation Scott Golland, Pro-Life Daisy Espitia, Bakersfield Resident Roman Espitia, Pro-Life Victor Espitia, Bakersfield Resident Jacalyn Pittman, Pro-Life Anna Laven, 5th District Supervisor Stephen Frost, Pro-Life Dominic Espitia, Bakersfield Resident Mary Rodrigues, Pro-Life Steven Peterson, Pro-Life Catalina Garcia, Pro-Life Theo Douglas, Bakersfield Californian George Moreno Sr, Diamond Faith Power 2. ADOPT AUGUST 19, 2013 AGENDA SUMMARY REPORT Adopted as submitted 3. PUBLIC STATEMENTS None 4. DEFERRED BUSINESS A. Discussion and Committee Recommendation Regarding the Human Life Ordinance Request – Gennaro City Attorney Gennaro provided a brief summarization of key events involving the subject matter. She reminded the Committee that in October of 2012, at the direction of the City Council, she sent Mr. Palmquist a letter stating that Council would be holding the matter in abeyance until Mr. Palmquist could produce a similar ordinance from at least one other comparable city in California. To date, the City Attorney has not received any such examples. She also reviewed several dates in when Mr. Palmquist presented the City Council with different versions of a human life ordinance. There are several legal concerns Legislative and Litigation Committee Meeting Monday, September 23, 2013 Agenda Summary Report Page 3 associated with adopting a human life ordinance including: violation of the U.S. Supreme Court decision of Roe v. Wade, the California State Constitution, the California Reproductive Privacy Act, and several myriad of California State Laws. Ms. Gennaro requested the Committee reaffirm its direction articulated by the Council in October 2012. Committee Chair Maxwell asked if someone would be able to bring a lawsuit against the City if it adopted the resolution. Ms. Gennaro stated that while it is more probable that a lawsuit will be brought forward to enjoin enforcement of an ordinance, it is possible that a lawsuit may be initiated to remove a Resolution. There were a total of 23 public speakers who spoke; 17 in support of the resolution, five (5) in opposition to the resolution, and one who was neutral on the resolution. Committee member Johnson thanked everyone for attending the meeting and voicing their concerns. He also thanked and applauded Mr. Palmquist on all his work and efforts with the movement. Councilmember Johnson made a motion to hold the ordinance matter in abeyance until a majority of the City Council chooses to bring it back and adopt the resolution drafted by the City Attorney with the addition of “ including but not limited to, adoption.” to the final sentence in the last Whereas paragraph of the resolution. Committee member Sullivan also thanked everyone for attending the meeting and stated she supported the passage of an ordinance. Committee Chair Maxwell stated that no matter is more important than another. This particular matter has been heard on several occasions, a lot of research has been conducted and presented, and the issue of legal challenge still exists. Chair Maxwell stated he supported the resolution. The motion was approved 2-1, with Committee members Maxwell and Johnson voting in favor of the motion and Committee member Sullivan voting opposed to the motion. Committee member Sullivan asked the City Attorney to prepare a minority report regarding the favoring and passage of the fifth version of the Human Life Ordinance. The report will also include language revisions to the resolution for consideration, if the City Council moves for adoption of the recommended resolution. 5. COMMITTEE COMMENTS None 6. ADJOURNMENT The meeting adjourned at 1:50 PM cc: Honorable Mayor and City Council City of Bakersfield · Department of Recreation & Parks · 1600 Truxtun Avenue, 3rd Floor Bakersfield · California · 93301 (661) 326-3866 · Fax (661) 852-2140 DEPARTMENT OF RECREATION & PARKS DIANNE HOOVER, DIRECTOR Department of Recreation and Parks Date: October 16, 2013 To: Alan Tandy, City Manager From: Dianne Hoover, Director of Recreation & Parks Subject: Noise Ordinance Review Council Referral No. 426 The Recreation and Parks Department receives several requests for amplified sound permits in city parks throughout the year. Using the regulations in Bakersfield Municipal Code as our guide in issuing these permits, we receive very few complaints from citizens. Each complaint received is handled promptly and taken seriously. The Recreation and Parks Department also co-sponsors occasional events where the entire community may participate. These special events are normally held on Saturdays and Sundays where maximum participation from the community can occur. Central Park at Mill Creek has been a very popular venue for many different types of events such as health fairs, dog days at the park, Third Thursdays and Altares. These events have added to the area businesses and the overall attraction to downtown Bakersfield. Councilmember Maxwell requested that the Legislative and Litigation Committee review the noise ordinance and other ordinances that relate to parks, and look into having a comprehensive procedure for curfews. City of Bakersfield · Department of Recreation & Parks · 1600 Truxtun Avenue, 3rd Floor Bakersfield · California · 93301 (661) 326-3866 · Fax (661) 852-2140 On Sunday, September 15th, 2013, the Hispanic Chamber of Commerce and the City of Bakersfield co-sponsored a community wide event at Central Park. This was the first time this event was held in a city park and included two separate events for one full day of cultural celebrations. Unfortunately, it also resulted in our first noise complaint at Central Park. Being a first time event, there were some issues that occurred that will not happen again, primarily the set-up of the stage and the closing time of the event. Typically, at Central Park, the staging for bands and musical acts is in the center of the park, either facing the Art Museum, or facing toward 19th street. The stage on September 15th was set up facing 21st Street, which unintentionally directed the sound toward the homes along 21st Street. Also, the event went longer than a normal event at Central Park, especially for a Sunday night. The City will work more diligently with all groups in the future to ensure that the events end at a reasonable time, amplified sound is appropriately placed and will not unreasonably disturb neighboring residents. Groups that hold events in city parks are required to meet with staff in advance to review all the proper permits, insurance, loading equipment, duration and the location of the various stages, booths, as well as circulation. The Recreation and Parks Department often will meet the group onsite to make sure the requirements of the special event are met. Staff is aware of the need to balance the park events with the needs of those in each area surrounding our city’s parks. Using the existing city ordinances as our guide, we will continue to provide for the diverse needs in our community.