Loading...
HomeMy WebLinkAbout03/23/2015� BAKERSFIELD /�-/ Cl�wi�- CP,vrv _ Staff: Christopher Gerry Administrative Analyst III Committee M Terry Maxwell Jacquie Sulliv Chris Parlier REGULAR MEETING OF THE LEGISLATIVE AND LITIGATION COMMITTEE Monday, March 23, 2015 12:00 p.m. City Hall North - Conference Room A 1600 Truxtun Avenue Bakersfield, CA 93301 The meeting was called to order at 12:04 p.m. 1. ROLL CALL Committee members: Councilmember Terry Maxwell, Chair Councilmember Jacquie Sullivan Councilmember Chris Parlier City Staff: Chris Huot, Assistant City Manager Christopher Gerry, Administrative Analyst - City Manager's Office Amber Lawrence, Administrative Assistant - City Manager's Office Virginia Gennaro, City Attorney Tom Geddes, Associate City Attorney Richard Iger, Associate City Attorney Greg Williamson, Chief of Police Lyle Martin, Assistant Chief of Police Captain Joe Bianco, Bakersfield Police Department Lieutenant Jeremy Grimes, Bakersfield Police Department Phil Burns, Building Director A _I _I'1' _ __ __I A 11 Legislative and Litigation Comr March 23, 2015 - Agenda Si 3. PUBLIC STATEMENTS None 4. NEW BUSINESS A. Update reaarding Squatter Issue City Attorney Gennaro presented a brief slide show. She repo� number of complaints regarding squatters increased during the recE decline. The common scenarios seen by the Police Department and Code are: Rent Skimming, which is when someone portrays themselves property owner and falsely rents to an unsuspecting victim; Cash for when the squatter obtains and falsely sells the property for cash; a which is the most common, when a squatter moves into the property to the owner. There are instances when squatters will remove fixt property. Notification usually results from either a neighbor, or the property owi to the Police Department that someone is illegally occupying the K Police Department must then discern whether it is a criminal or ci� most instances, it is a civil matter, which calls for an Unlawful Detaine can take from 45 to 60 days. An immediate arrest only takes place when there is obvious illegal � otherwise unlawful. Local law dictates that "No Trespassing" signs n been posted before making an arrest. California is a tenant-frienc there is no probable cause, the officer(s), Department and City could be exposed to a potential civil rights action. The City Council approved a Resolution in 2014 in support of a program to register vacant properties with law enforcement Department has active investigations, and patrols the properties in � Code Enforcement staff maintains a database of substandard housir Additionally, the City Council approved a Resolution in 2014 in suppc which was signed into law in September 2014 and sunsets in 2018, tr enforcement to arrest an individual for trespassing after the proper� obtained a court order. This law only applies for three cities. � reached out to those cities to determine what results they have exp no response has been received yet. ri � r ii i i � i � i• e� � � • � r• � Legislative and Litigation Comr March 23, 2015 - Agenda Si The procedure followed by Code Enforcement begins by citing owner, and posting abandoned and dilapidated houses as substand If any of the utilities are turned off, the building will be posted as secured, and, in some cases, boarded. A list of these properties date, and re-inspected every six to eight weeks by Code Enforcer Police Department. If a squatter is found, a misdemeanor citation c There are approximately 300 properties on the list, which is less than three years ago. Out-of-area owners are encouraged to employ a property manc ensure that someone pays regular visits to the property, and property. Committee member Sullivan asked if the Police can arrest a squatt owner had posted No Trespassing signs. City Attorney Gennaro said that that is a good idea, and propert encouraged to do so. Committee member Sullivan asked if the Police Department could the local owner had not posted No Trespassing signs, but could prc ownership. City Attorney Gennaro replied that the No Trespassing signs are requii Committee member Sullivan said that it should be publicized that thE key. She asked if the property owner told the Police Department someone occupying the building that was not supposed to be there enable the Police Department to take action. City Attorney Gennaro said that an investigation would still be rec person in the structure could be a victim of real estate fraud. Committee member Sullivan stated that the process is unfair to expensive. Committee member Parlier asked about the abatement process fc or burned out properties. Building Director Burns replied that those properties are abated Dangerous Building process, and there are approximately 10 to12 ec �rP r1Pmnli�hPrl If thP h� iilrlinry i� still �ni in� hnwPVPr it will hP hn�r�lE Legislative and Litigation Comr March 23, 2015 - Agenda Si Building Director Burns said that should the individual return, Code will re-secure the structure. The structure will be on the mair however, unless they are notified that the building is occupied, s know to re-inspect the site sooner. Code Enforcement staff is current the Police Department to discuss a more frequent inspection schedul Committee member Sullivan asked if more could be done, or if the � be elevated to another level. City Attorney Gennaro stated that the next level is a felony, and elevated to that level. If the District Attorney or Court decides to issu� than those typically levied, that is within their purview. Committee member Sullivan suggested that a letter be sent to owner. City Attorney Gennaro replied that letters are sent; however, in m< property owner does not respond, indicating a lack of interest. Committee Chair Maxwell called on Dennis Fox to speak. Mr. Fox sc owners live a long distance away, and he does not believe they employ a property management firm. He also mentioned reverse mc City Attorney Gennaro acknowledged that disinterested owners common problem, and added that reverse mortgages do not help C Committee Chair Maxwell called on Christine Lollar to speak. Ms. L she appreciated staff for not generalizing in the presentation. No� and panhandlers are homeless, and not all homeless are s� panhandlers. She appreciated Building, Code Enforcement an Department for working with the Collaborative. She encouraged sta this practice, so that the Collaborative can intervene if needed. Police Chief Williamson stated that most cases are handled from a c to be mindful of everyone's rights. Committee member Sullivan opined that the State should recognizE the property owner more. City Attorney Gennaro said that she would review the text of Committee member Sullivan after the Committee meeting. Legislative and Litigation Comr March 23, 2015 - Agenda Si Committee Chair Maxwell noted that most people do not unc something like this happens in their neighborhood, then they learn tr the squatter as opposed to the owner. If contact is being mc neighbors, then everything possible is being done. If things are to cr be done at the State level. Police Chief Williamson said he believes that the current laws ar landlords evicting people illegally in the past. He agrees that the take place at the State level. City Attorney Gennaro noted that the problem is decreasing be cooperative efforts of the Police Department, Code Enforcement c real estate community. B. Discussion regarding Synthetic Stimulants and Cannabinoids City Attorney Gennaro referred to a memorandum that had been in meeting packet, and presented a slide show. Bath Salts can be purchased as plant food, and cleaner for jewelry a screens. It is not the same as, nor should it be confused with, Epsom bathing materials. It is a synthetic stimulant that has the stimul� cocaine or methamphetamines, and cannot be smelled by polic found in a urinalysis. According to the Health and Safety C misdemeanor to sell or distribute Bath Salts, and it is a crime to k influence according to the Penal Code. In order to avoid be manufacturers constantly change the chemical ingredients and corr Spice is a synthetic cannabinoid, typically marketed as a safe, legal marijuana and sold as an herbal cigarette or incense. It cannot be a drug screen. A law enacted in 2012 makes it a misdemeanor to sE certain synthetic cannabinoids, but it is very easy to avoid thc changing the chemical ingredients. Senate Bill 139 (SB-139) becomes effective on January 1, 2016, and i Health and Safety Code sections dealing with Bath Salts and S possession and use an infraction. There is also some pending legisl further amend the same Code sections to allow more flexibility of th� both drugs. She distributed a copy of the text of SB-139 to thf members, and referenced the appropriate text. Staff contacted other cities that have enacted ordinances relative Legislative and Litigation Comr March 23, 2015 - Agenda Si considered, she suggested waiting until responses are received cities to learn how effective their ordinances have been. Ms. Gennaro noted that Lieutenant Grimes of the Vice Unit was in att Committee Chair Maxwell called on Dennis Fox to speak. Mr. Fox re book by Aldous Huxley, "Brave New World", and a comment madE about people flying in to Bakersfield to purchase meth. Committee member Parlier said he appreciated staff's work on the sl that it was informative. He noted that the packaging for one pro Scooby Doo, which indicates it is meant to target youth, and the areas of the community, such as the poor and minorities. He madE staff to write a letter in support of AB-139 and to bring the ma Committee discussion once staff has had contact with the other cii enacted ordinances. The intent is not to ban legal substances, but synthetic substances. Committee member Sullivan recalled an event approximately thrE when a neighbor conveyed to her about the serious problems his friE having. It was determined that the cause of his issues was the use neighbor purchased Spice to show her how easy it was to obtain it. the public should be educated. She requested that staff provide a r noting what other cities have done. Committee member Parlier said that he understands how it can k enforce the laws, and for the different laboratories to conduct tesi the constant change in chemical composition. He added that Taft v on the list of cities. City Attorney Gennaro said that the list will be updated to include it. Committee Chair Maxwell asked about the one product that dep Doo on the packaging, and if that might be a copyright infringemen� City Attorney Gennaro said it is; however, it would have to be Hannc initiated any legal action. Committee Chair Maxwell suggested that perhaps when the next item is on the agenda, this point could be discussed further. Legislative and Litigation Comr March 23, 2015 - Agenda Si Committee Chair Maxwell said that this is a time bomb waiting to draws young people in who do not yet have the maturity and und how they can be affected by these products. Solutions are ne instead of waiting for the legislation to take effect on January 1, 201 his support of Committee member Parlier's motion, and asked � Gennaro to reiterate it. City Attorney Gennaro said that the motion is for the City Council to in support of SB-139 and for staff come back as soon as possible to tr with the item once identifying what other cities have done. The motion was unanimously approved. 5. COMMITTEE COMMENTS Committee member Parlier thanked staff for both presentations and Pow said they were informative. Committee Chair Maxwell echoed those sentiments. He added that educ� tool, and that these are subjects he did not previously know about. It h when people are educated, they can make better decisions. Committee Chair inquired as to the status of a referral to the Committ ordinances regarding abandoned buildings, especially in the downtown arE City Attorney Gennaro said that it will be on a future agenda, when Manager Steve Teglia would be in attendance. Committee Chair Maxwell sent his congratulations to the Teglia family on th of their child. 6. ADJOURNMENT The meeting adjourned at 1:00 p.m.