HomeMy WebLinkAbout03/23/2015
B A K E R S F I E L D
Staff: City Council Members:
Steven Teglia, Assistant City Manager Terry Maxwell, Chair
Chris Gerry, Administrative Analyst III Jacquie Sullivan
Chris Parlier
Regular Meeting of the Legislative and Litigation Committee
of the City Council – City of Bakersfield
Monday, March 23, 2015
12:00 p.m.
City Hall North
First Floor, Conference Room A
1600 Truxtun Avenue, Bakersfield CA 93301
A G E N D A
1. ROLL CALL
2. ADOPT FEBRUARY 17, 2015 AGENDA SUMMARY REPORT
3. PUBLIC STATEMENTS
4. NEW BUSINESS
A. Update regarding Squatter Issue – Gennaro
B. Discussion regarding Synthetic Stimulants and Cannabinoids – Gennaro
5. COMMITTEE COMMENTS
6. ADJOURNMENT
B A K E R S F I E L D
/s/ Steve Teglia Committee Members
Staff: Steven Teglia Terry Maxwell, Chair
Assistant City Manager Jacquie Sullivan
Chris Parlier
SPECIAL MEETING OF THE LEGISLATIVE AND LITIGATION COMMITTEE Tuesday, February 17, 2015 12:00 p.m. City Hall North – Conference Room A 1600 Truxtun Avenue Bakersfield, CA 93301
The meeting was called to order at 12:00 p.m.
1. ROLL CALL
Committee members:
Councilmember Terry Maxwell, Chair
Councilmember Jacquie Sullivan
Councilmember Chris Parlier
City Staff:
Alan Tandy, City Manager Steve Teglia, Assistant City Manager
Chris Huot, Assistant City Manager Christopher Gerry, Administrative Analyst – City Manager’s Office
Caleb Blaschke, Management Assistant – City Manager’s Office Virginia Gennaro, City Attorney
Joshua Rudnick, Deputy City Attorney Tom Geddes, Associate City Attorney
Richard Iger, Associate City Attorney Greg Williamson, Chief of Police
Lyle Martin, Assistant Chief of Police Tessa Andrews, Treasurer
Drew Sharples, Financial Investigator Christi Tenter, Human Resources Manager
Anthony Gonzales, Human Resources Supervisor
Additional Attendees:
Joel Park, David Graham, Richard Smith and Fran Ramirez, American Legion-Post 26 Members of the Media
Legislative and Litigation Committee Meeting
Agenda Summary Report Tuesday, February 17, 2015
Page 2
2. ADOPT NOVEMBER 17, 2014 AGENDA SUMMARY REPORT
The Report was adopted as submitted.
3. PUBLIC STATEMENTS
None
4. DEFERRED BUSINESS
A. Discussion and Committee Recommendation regarding the Feasibility of
Modifying the City Charter regarding Employment of the Police Chief
City Attorney Gennaro reported that two referrals were made by Councilmember
Maxwell to the Legislative and Litigation Committee following a report provided to
the City Council by the International Association of Chiefs of Police (IACP)
regarding the Bakersfield Police Department (BPD).
The first referral was to investigate the feasibility of hiring the Chief of Police from
outside the ranks of the BPD, and what requirements are necessary to accomplish that. The second referral was to investigate the feasibility of the City Council
making the appointment to the position, instead of the City Manager, and having the Chief of Police report to the City Council, instead of the City Manager. She
referenced a memorandum in the meeting packet that was written by both the City Attorney’s Office and the Police Department that addresses both referrals.
Ms. Gennaro stated that the answer to both items is that the City Charter would
have to be changed, which would be costly and time consuming. The Charter is the highest authoritative document available, and any proposed revisions must
be approved by a majority vote at a statewide election.
The Charter clearly states that the Bakersfield Chief of Police must be appointed
by the City Manager from within the ranks of the BPD, and that the Chief must
report directly to the City Manager.
City Manager Tandy stated that he has had the privilege of appointing the last
four Chiefs of Police; and each time, the person selected came from a list of very
qualified candidates. The BPD does an outstanding job of training, cross-training
and educating their employees in preparation for advancement within the
organization. He noted that the Police Civil Service Commission screens
candidates and creates a list of the top three, who are then interviewed by the
City Manager. The involvement of the Commission in the process ensures that the
promotion is based on merit, and is shielded from the political process. It is his
contention that the process has served Bakersfield well, and there is no need to
modify it.
Police Chief Williamson affirmed the City Manager’s statements. The representatives from IACP made this recommendation early in their survey
process, and he was not in favor of it then, and is of the same conviction now. In all of the years he has been with the Department, there have always been
multiple qualified internal candidates for all upper level positions. While it is
Legislative and Litigation Committee Meeting
Agenda Summary Report Tuesday, February 17, 2015
Page 3
important for some agencies to attract and appoint high-profile individuals, the cost for doing so is significant. Locally it works better to appoint someone who is
already familiar with the specific needs of the community. In regard to the question of the Chief reporting to the City Council instead of the City Manager, it
is his contention that the Chief should be appointed by one individual, and that it
should be the same person who he or she would ultimately be reporting to.
Committee Chair Maxwell asked if there were any public statements, and there
were none.
Committee Chair Maxwell asked if there were any questions or comments.
Committee member Parlier said that just because there may be qualified
candidates outside of Bakersfield does not mean that they will be the best. There
would be a substantial learning curve for anyone who comes from out of the area
to learn local community and Department dynamics, whereas someone who is
already employed with the Department is already familiar with those elements.
He agreed with Chief Williamson’s statement that the Chief should only report to
one individual, and further stated that he does not believe that the City Council
should expand its role by being involved in personnel matters. He said that the
BPD is arguably one of the best departments in the State.
Committee member Sullivan agreed with the comments of Committee member
Parlier, and added that recruiting outside candidates may be bad for morale. She does not believe it would be appropriate for the City Council to be involved in
personnel matters. She asked City Attorney Gennaro to clarify the statement made that a Charter change would be on the ballot at a statewide election. City
Attorney Gennaro said that it is not a statewide issue; rather, it would have to be voted on at such an election, and the next election is scheduled for November,
2016.
Committee member Parlier said that local law enforcement is strong enough and flexible enough to recognize when changes need to be made, and to
subsequently make those changes.
Committee Chair Maxwell asked if there is any provision in the City’s labor contracts stating that the promotion to the Police Chief position has to be made
from within the Department.
Assistant City Manager Teglia said that the City Charter provides the ultimate
authority, followed by the Municipal Code, and then the Memorandums of
Understanding (MOU), so the language within the Charter is what must be
followed.
City Attorney Gennaro said that all MOU’s are reviewed by the City Attorney’s
office to ensure that there are no conflicts with the Charter.
Legislative and Litigation Committee Meeting
Agenda Summary Report Tuesday, February 17, 2015
Page 4
Committee member Maxwell asked what the process might be if the Charter were to be amended, and then a labor contract was found to be out of
compliance.
City Attorney Gennaro stated the current process would be followed, and it would
take a tremendous amount of work and resources to align all of the documents.
Committee Chair Maxwell asked about the percentage of Top 10 cities that
recruit for the Police Chief from outside of their organization.
City Attorney Gennaro responded that Bakersfield is the only city in the Top 10 that
does not recruit from outside of the organization.
City Manager Tandy reported that he has worked in other jurisdictions that
recruited and appointed their Police Chiefs from outside their organization; in fact,
Bakersfield’s provision is unusual. Additionally, all Bakersfield City Department
Heads are covered by Civil Service and he had never seen that in other
jurisdictions, either; however it works here.
Committee Chair Maxwell stated that in his experience in the corporate world, a
policy of only hiring from within the ranks might eliminate the ability to find
someone who has superior talents, or has done some spectacular things. There is a concern that when people are too familiar with a system, they know how to
work that system, so perhaps an opportunity is missed in finding the right person for the job. This is the reason he made the referral. If outside candidates are
included in the recruitment, it might make the internal candidates better.
The second issue is one of checks and balances. It is within the realm of possibility for the City Council to be involved in the process of selecting the Police Chief, by
providing input, although the City Manager would make the final decision.
Mr. Maxwell recognized that the other Committee members believe the current system works well. There have been very good Police Chiefs in the past and he
believes those appointed in the future will be equally as good. At this point in time, the item will be tabled.
B. Discussion and Committee Recommendation regarding the Feasibility of
Modifying the Municipal Code to allow for Remote Caller Bingo
City Attorney Gennaro reported that staff in the City Attorney’s Office worked very
closely with Assistant City Manager Teglia in the City Manager’s Office on this item,
and that he would present a PowerPoint.
Assistant City Manager Teglia noted that this referral was made at the November
4, 2014 City Council meeting, and it has been an item that staff has tracked for several years. He referenced a memorandum that was included in the
Committee meeting packet.
Legislative and Litigation Committee Meeting
Agenda Summary Report Tuesday, February 17, 2015
Page 5
In 2008, the Governor of California signed into law legislation that would allow for remote caller bingo; however, there were concerns over how the game would be
regulated. The current structure was initiated in 2012, and it has proven to be successful.
The difference between the common bingo game that has been played for
many years and remote caller bingo is that remote caller bingo can be
simultaneously played from multiple locations throughout the State with the use of
audio and video technology. Mr. Teglia showed a video of a typical remote
caller bingo game. Eligible organizations, in general, include mobile home park
associations; senior citizens’, fraternal, apostolic, labor, agricultural, horticultural,
and educational organizations; non-profit organizations, such as those with a
501(c)3 designation; and veterans’ organizations.
The organization conducting the game is required to have been incorporated or
in existence for three years or more; is licensed for regular bingo by the local
jurisdiction; and a specific percentage (43%) of the proceeds of the game shall
be used solely for charitable purposes. The remaining proceeds are allocated,
20% for overhead costs and 37% for prizes.
Operation of the bingo game may not be the primary purpose for which the
organization exists. The game shall not be conducted on more than two days during a week, except there is one additional game allowed in each calendar
quarter. Players must be over the age of 18, with no more than 750 players at any one site. The game can only be played at sites located within the State of
California, and must be open to the public. The organizer can periodically co-sponsor a remote caller bingo game with one or more unaffiliated organizations
under specific provisions, and that game cannot be played at more than 10 locations.
Approval must be granted by both the local jurisdiction and the State. The City
has an ordinance in effect that allows for regular bingo. An additional ordinance would have to be approved by the City Council to allow for remote caller bingo.
Applications to the State are submitted to the Department of Justice, Bureau of
Gambling Control. If they are deemed complete, the applications are then considered by the California Gambling Control Commission. If the application is
approved, the organization must provide the Department of Justice and local law
enforcement with 30-days’ notice of their intent to conduct games in that
jurisdiction.
Whoever is working the games, such as those providing technical support, must
also be licensed by the State.
The Bureau of Gambling Control has a webpage that contains pertinent
information. There is an organization known as Bingo Innovations of California that
assists organizations by helping them with the entire process.
Legislative and Litigation Committee Meeting
Agenda Summary Report Tuesday, February 17, 2015
Page 6
Mr. Teglia said that the Committee can either take no action or recommend that staff prepare an ordinance that would authorize remote caller bingo. Staff can
either present the draft ordinance to the Committee, and then to the full Council, or provide it directly to the City Council for consideration.
City Attorney Gennaro suggested that if the Committee desires that staff prepare
the ordinance, that a when the draft ordinance is provided to the City Council, a
presentation should be given to provide background information, necessary to
make a decision.
Committee Chair Maxwell asked for public comments.
Mr. Joel Park, Financial Officer of American Legion–Post 26, thanked the
Committee for allowing him and his associates the opportunity to speak. He gave
some brief background on himself, and the organization. The organization is
authorized to have bingo games now, and fulfills the requirements to qualify for a
remote caller bingo license. He added that no alcohol would be served when
the remote caller bingo games are being played. The proceeds would enable
them to assist military veterans more than they do now. They sponsor two boy
scout troops and may start a girl scout troop, also, and some of the proceeds
would assist with their activities.
Richard Smith, American Legion-Post 26 Post Commander, stated that the
organization sends six scouts each year to Sacramento for a week to learn how local government works. They also contribute towards the Honor Flight program.
The proceeds would help with both of these charitable endeavors.
Committee Chair Maxwell asked if there were further comments.
Committee member Parlier said that he is in favor of authorizing remote caller bingo in Bakersfield. He has spoken to the Adjutant, David Graham on multiple
occasions, and knows of their qualifications. He believes that this will add a new funding stream to further assist local military veterans. He asked Chief Williamson
for his opinion.
Chief Williamson said that he has no opposition to the game.
Committee member Parlier noted that this is a separate issue from internet
gambling.
At Committee member Sullivan’s request, it was confirmed that a representative
from the American Legion-Post 26 originally brought this matter forward for
consideration during a City Council meeting. Also at her request, Assistant City
Manager Teglia explained how the game works, the cost of the entry fee, and
what the financial benefits are to the organization. Mr. Park added comments.
Committee member Sullivan asked how long the game had been in existence,
and what the reason was that the City did not act on it until now.
Legislative and Litigation Committee Meeting
Agenda Summary Report Tuesday, February 17, 2015
Page 7
Assistant City Manager Teglia said that it began in 2008. Initially, State regulators
were in a quandary as to how to oversee it. Then when staff investigated it, they had the same concern, including what type of a burden it may place on the City
with oversight and permitting. The State has now resolved these issues, and they
will provide primary oversight. The City must approve an ordinance authorizing
that the game can be played in this jurisdiction.
Chief Williamson noted that there is a potential for the game to expand
throughout the City. He does not expect that it will create more work for the
Police Department, however, as there is little to no trouble now.
Assistant Chief Martin reiterated that the goal of City staff has been to ensure that
a State mechanism was in place to make sure that the City does not incur any
more liability; and under this new process, it does not.
Financial Investigator Sharples said that his staff experiences very few negative
issues with bingo.
Committee member Sullivan asked how much the cost is to play, and Mr. Park
said that it costs $25 for 3 games.
City Attorney Gennaro said she feels confident that all of staff’s concerns have
been addressed, and is ready to prepare an ordinance if the Committee wants to move forward with it. She reiterated that this cannot be compared to internet
café’s, as those were illegal, and remote caller bingo has been approved by the State.
She reported that, as a general rule, groups are not co-mingled. If American
Legion-Post 26 was the local site, then other Legion posts would participate in their games. The law does allow, however, for periodic games between varying types
of organizations.
Assistant City Manager Teglia noted that if the City ever had a concern with an organization or their games, their license could be revoked.
City Attorney Gennaro said that the City Council would have to decide whether
or not to allow the consumption of alcohol during games. Mr. Park noted that the
legislation passed by the State does not allow it.
Committee member Parlier asked City Attorney Gennaro to include that fact in
her presentation to the full Council.
Committee Chair Maxwell asked if those organizations that already hold bingo
licenses would be grandfathered in.
Financial Investigator Sharples said that all organizations have to reapply every
year.
Legislative and Litigation Committee Meeting
Agenda Summary Report Tuesday, February 17, 2015
Page 8
Committee Chair Maxwell asked how cumbersome the State licensing process is.
Mr. Park responded that since the process is so new, there is no way to tell.
Assistant City Manager noted that there is a list of Frequently Asked Questions on
the Department of Justice’s website; however, staff will research the matter.
Committee Chair Maxwell stated that he wants to know every aspect of what will
be approved, and understand the entire process. He also would like to know if
organizations have to reapply with the State every year, and Mr. Teglia said that
staff will find out.
Deputy City Attorney Rudnick said that the State performs an annual audit, and
they can suspend privileges during an investigation.
Mr. Park said that it is his understanding that the Department of Justice would
license all American Legion posts at once, which would speed the process along.
Committee member Sullivan asked what fees might be collected by the City and
the State.
Financial Investigator Sharples said that the City only receives the application fee of $43, plus a $96 fire inspection fee.
Assistant City Manager Teglia said that the State has a separate fee component.
The Committee unanimously agreed to send the draft ordinance directly to the
full City Council for consideration, without bringing the matter back for Committee discussion.
C. Discussion and Committee Recommendation regarding Adoption of the 2015
Committee Meeting Schedule
The 2015 Committee meeting schedule was unanimously approved.
5. COMMITTEE COMMENTS
None
6. ADJOURNMENT
The meeting adjourned at 1:06 p.m.
The following document was distributed,
and the presentations were made at the
Regular Meeting of the
Legislative and Litigation Committee
on
Monday, March 23, 2015
3/23/2015
1
Residential Squatters
Virginia Gennaro
City Attorney
Legislative and Litigation Committee
March 2015
Vacant Housing Issues
•Economic issues caused an increased
number in vacant housing
–Bankruptcy
–Foreclosure
–Short Sales
•Criminal element taking advantage of the
situation lending itself to complaints of
squatters
Common Scenarios
1.Rent Skimming –Renting abandoned property
without the owners permission. Person occupying
property is victim of fraud.
2.Cash for Keys –Squatter will change locks in
abandoned building and move in giving façade of
legal possession.
3.Rent Free Living –Squatter will simply move in to
vacant building giving façade of legal possession.
4.Fixture Removal –Squatters remove appliances.
Legal Issues
•True owner looks to police for help
•Most scenarios involve criminal vs civil
remedies/liability
•Most scenarios involve “squatters”
–“One who settles on property without right or title or
payment of rent” (Merriam-Webster Dictionary)
•Most situations call for Unlawful Detainer …describes
a situation where someone keeps possession of real
property without right
Legal Issues
(continued)
Criminal Remedies:
•Trespass
–State law is not specific in terms of what is needed
–Local law requires posting of signs
–Difficulty is in technical compliance and proving ownership
Forcible eviction is unlawful; CA is a tenant-friendly State
–Unlawful arrest leads to civil rights lawsuit: assault, battery,
wrongful arrest, deprivation of property against City/BPD
which in turn may lead to attorneys fees…which is why we
prefer these situations be handled as civil matters
What City is Doing
•Supported resolution in support of limited State
program to register vacant properties with law
enforcement
•Active investigations and patrol by BPD
•Maintenance of substandard housing database
by City Code Enforcement
3/23/2015
2
City Council Resolution No. 108-14
•Approved by City Council July 16, 2014
•Supported AB1513 –amended CCP
•Signed into law on September 24, 2014
•Only applies to Palmdale, Lancaster, Ukiah
–Vacant property process which allows law
enforcement to arrest/cite unauthorized occupants
Police Enforcement
Complaint of Squatter
•Routine Patrol
–Other Crimes: Police may arrest persons for other
crimes occurring on the property (drug use, domestic
violence, outstanding warrants, etc.)
–Investigates occupancy
–Obtains “owner’s” contact information
–Provides above to BPD Detective to build case
–Drafts report
Police Enforcement
(continued)
•Financial Crimes Detective (primary duties):
–Researches proof of ownership (utility bills not
sufficient)
–Contacts County Recorder and the D.A. Real Estate
Fraud Division and others to confirm or deny the right
to occupy
–Completes report
•Depending on the outcome of investigation,
BPD may have probable cause for arrest for:
–Trespass
–Real estate fraud
Code Enforcement
•Cite property owner and post abandoned / dilapidated
houses as “substandard buildings”
–If any utility (water, electricity, gas) is turned off or the
building is structurally unsound, Code can post the
building as substandard
–Building is secured, may be boarded
–Code maintains an up-to-date list of these properties
(approx. 300)
–Code and BPD conduct regular patrols of noted
substandard buildings every other month
–Re-inspect in three months
•Individuals may be cited for occupying a substandard
building under B.M.C. 8.80.060(f). Misdemeanor
Summary
•Frustrating situation for both law enforcement
and property owner
•Have seen a decrease in last three years
•Are ways to mitigate scenarios:
–Retain property management entity
–Maintain property
–Frequent visits to property
Questions
3/23/2015
1
Virginia Gennaro
City Attorney
Legislation and Litigation Committee
March 2015
Sold as “plant food” or “jewelry/phone screen cleaner”
Should NOT be confused with Epsom salts
Stimulant effect of cocaine or meth
Can be smoked, snorted, swallowed, injected
Cannot be smelled by drug dogs or found in urinalysis
Sample Fill
Current Law
California Health and Safety Code §11375.5
Became law in 2011 through Assembly Bill 486
Makes it a misdemeanor to sell/distribute certain cathinonesor
synthetic stimulants
Manufacturers attempt to evade by changing chemical
ingredients
Being under the influence is a crime under PC 647(f)
Spice is typically marketed as a “safe legal alternative” to
marijuana and has cannabinoid qualities
May be sold as “herbal cigarettes” or “incense”
Will not show up in a drug test for marijuana
Sample Fill
Current Law
California Health and Safety Code §11357.5
Became law in 2012 through Assembly Bill 420
Makes it a misdemeanor to sell/distribute or possess certain
synthetic cannabinoid compounds or derivatives
Manufacturers attempt to evade by changing chemical
ingredients
Being under the influence is a crime under PC 647(f)
Senate Bill 1283 by Senator Galgiani
Amends Health and Safety Code §11375.5 and §11357.5
Possession and use of bath salts and/or spice is an infraction
3/23/2015
2
SB 139 introduced by Senator Galgiani
Further amends Health and Safety Code §11375.5 and §11357.5
Chemical compounds used to define bath salts will be redefined
for flexibility
Increase the list of prohibited cannabinoid substances to further
define spice
Third offense concerning either bath salts or spice can be cited as
misdemeanor
Bath salts and spice ingredients are subject to change
None of comparable survey cities have enacted ordinance
regarding bath salts or spice:
State legislation is catching up
Need to watch for unintended consequences
FremontFresnoGlendaleModesto
OntarioOxnardPasadenaRiverside
San BernardinoStockton
Cities
AdelantoChula VistaLawndale
LompocLos AngelesPaso Robles
RedlandsSt. HelenaTulare
Counties
Riverside San Bernardino
Implement an ordinance similar to other California cities
Monitor the implementation of new law January 1, 2016 and
proceed as needed
Send official letters of support for SB 139