Loading...
HomeMy WebLinkAbout05/18/2015� BAKERSFIELD /�'/ StP�vPi TP��t;a� Staff: Steve Teglia Assistant City Manager Committee M Terry Maxwell Jacquie Sulliv Chris Parlier REGULAR MEETING OF THE LEGISLATIVE AND LITIGATION COMMITTEE Monday, May 18, 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 Christopher Gerry, Administrative Analyst - City Manager's Office Virginia Gennaro, City Attorney Josh Rudnick, Deputy City Attorney Richard Iger, Associate City Attorney Greg Williamson, Chief of Police Lieutenant Jeremy Grimes, Bakersfield Police Department Phil Burns, Building Director Additional Attendees: Kim Schaefer, Bakersfield Association of Realtors A A _ .__ I_ _ .._ _ t 1I_ _ A A _ _I : _. Legislative and Litigation Comr May 18, 2015 - Agenda S� 4. NEW BUSINESS A. Discussion reaardinq the Ordinance relatina to Abandoned Buildin City Attorney Gennaro stated that this topic was referred for Commit by Councilmember Maxwell. She pointed out that a memorandum Attorney's Office and the Community Development Department wc the meeting packet. Building Director Burns presented a slide show that detailed buildin� and in other parts of the City that are vacant, boarded up, or have by vagrants. There are ordinances and Municipal Code sections various property maintenance violations such as weeds, debri. vegetation, broken windows, deteriorated facades and walkwa section, 8.80, that specifically focuses on abatement and publ Examples were shown of some vacant buildings that are not in top c do not rise to the level of being in violation of the Code. The administrative process begins with verification that there is a seven-day written notice to abate the nuisance is mailed to the pro� the address listed on the tax rolls. A re-inspection is then performec has been no action, a ten-day notice for a hearing is mailed to owner. Subsequent to the hearing, the property owner has ten dc the decision before bids are issued and received for abatement require an additional five days to ensure mail is received. Aftei another hearing is held that leads to action by the City Council to pl� on the property for recovery of abatement costs. A comparison with other cities was done during the time of the ho� that revealed Bakersfield's process regarding foreclosed homes wa< the other cities surveyed. Staff decided at that time to partner with Realtors and continue with the existing process. A follow-up survey o1 cities was performed in response to Councilmember Maxwell' determine what other types of ordinances to address vacant buildir place, and the results were quite varied. Committee member Parlier asked if an administrative process another tool to gain compliance. Building Director Burns said that it could help, depending on how it w� City Attorney Gennaro said that it could be an additional tool; ai Council desires to pursue it, staff would look at it in a broader contex h���i��i�r +hrv+ +h�r� ��i�i ilrJ hrv�i� +� l-�� �vr� �r�f�r��rv��r�+ rv���hrvr�i Legislative and Litigation Comr May 18, 2015 - Agenda S� Committee Chair Maxwell asked if an ordinance could be drafted th downtown area only. Deputy City Attorney Rudnick said that while staff's efforts could downtown area, any ordinance should be applicable citywide. Committee Chair Maxwell asked if it was possible to require downt owners whose businesses had an alcove to construct a metal acco restrict access to the alcove, such as what exists at Chester Ave Street. Deputy City Attorney Rudnick said that it could be added as a however, general conditions would allow more flexibility tc compliance. Additional requirements could be to register the vac and specify an amount of time to renovate, rent or sell the pi Francisco has a new ordinance whereby commercial property ov� pay a registration fee within a predetermined amount of time that became vacant, and then show proof that efforts are being mac property or that they are actively doing something with it. Committee Chair Maxwell stated that his goal is to generate an or would be persuasive enough to motivate owners of vacant buildinc the building or perhaps sell it to another entity. The ordinance � property owners from abandoning the buildings. He noted that the : ordinance related to commercial properties, and asked if thE requirement would be different if the property was residential. Building Director Burns said that a residential requirement would k and he recommended that any requirements be specific. He add still has to be a mechanism to enforce any constraints listed in such a Committee Chair Maxwell said that he would like to pursue a strc ordinance for Committee discussion. If this is not possible, then should be explored to reach the same conclusion. The downtown revitalized. City Manager Tandy reported that staff recently developed a conc economic incentive zones with the goal of revitalizing distressec growth is captured that could be reinvested to further enhance the 1 downtown area is one such zone being considered. This would be based program, rather than one that is centered on code enforcem YY1CyYlV (�f tilP. SC7f"YIP. YPCI IItC �'C'iYl i�P. P.Xt'�P.C'tP.Ci Fl li'ti1P.f' f'P.flf'1P.PY1P.Ylt IC Y1P.E Legislative and Litigation Comr May 18, 2015 - Agenda S� downtown and relocate a portion of their staff there. Or, if parcels c to ensure adequate parking, perhaps a medical facility might be expanding in the area. He requested that staff provide follow-up inf� future Committee meeting. Committee member Sullivan asked staff to continue monitoring sir other municipalities, such as San Francisco. She said she was encou information provided by City Manager Tandy and staff. City Attorney Gennaro and Building Director Burns reviewec enforcement notification process with her. The process used is c established by State law. If the process leads to a decision by the C lien is placed on the property and remains in place until either the p or brought into compliance. City Manager Tandy asked what percentage of properties are compliance following the first notification versus the amount of I placed. Building Director Burns said that an estimate of 7-10�0 of the cc opened result in liens. City Manager Tandy stated and Building Director Burns concurred t certain extenuating situations that lead to what may seem as a Iac4 the property. Assistant City Manager Teglia added that there are different levels � actions, some to recoup costs that the City incurred at the beg process, up to and including the recovery of costs for abatement. Committee member Sullivan said that the downtown is looking bettei Committee Chair Maxwell replied that certain sections are looking businesses are opening, and more people are enthused and enco� downtown. However, the concern is the amount of abandoned buil� not being maintained. The only recourse may be to find someone purchase those properties and restore them. Committee member Sullivan noted that the owner has to be willing Committee Chair Maxwell said that once staff provides additional inf C'nmmittPP ��n �li��� i�� �II r����ihlP nr�ti�n� Legislative and Litigation Comr May 18, 2015 - Agenda S� 5. DEFERRED BUSINESS A. Update on Bath Salts and Spice Legislation City Attorney Gennaro stated that a memorandum on this topic wc the meeting packet. The item is back before the Committee at tl Committee member Parlier. At the last Committee meeting, staff presented a PowerPoint that definitions of bath salts and spice. It was reported at that time thc due to go to the Public Safety Committee on May 12, 2015. Sub. unknown reasons, the author of the bill pulled it from consideratior reintroduced and ultimately passes, possession of bath salts and illegal, and the definitions of both substances will be enhanced. Ad penalties for possession and sale will scale upwards, with a first offe infraction, the second, a misdemeanor, etc. The options are to direct staff to investigate the basis for pulling the k back to Committee, or to draft an ordinance for review that would i to possess either substance. If an ordinance is drafted, staff woulc enhanced definitions and the proposed language of SB-139. Committee member Parlier asked if such an ordinance would prc tool for law enforcement to deal with the problems. Police Chief Williamson said that it would; however, quite often a wa be obtained, and then there is a concern about whether or not could positively identify a substance as being bath salts or spice. Lieutenant Grimes added that it is unknown at this time how any might be challenged in court and what hurdles may exist in compounds. Committee member Parlier asked if the ordinance that was adopte of Taft covers the varying chemical compounds of both bath salts an City Attorney Gennaro replied that of all of the cities that were su had ordinances that contained the expanded definitions that are pr 139. If the Committee elects to proceed with an ordinance, she including the enhanced definitions. Legislative and Litigation Comr May 18, 2015 - Agenda S� City Attorney Gennaro stated that while the language in SB-139 may will start with the existing language. Committee member Parlier recommended flexibility, and that the i Committee for discussion. City Attorney Gennaro said the first draft will be ready for discussion i next Committee meeting on June 22, 2015. The existing defin incorporated, and language will be included that indicates it may relative to any future changes in the Health and Safety Code. She the motion is for staff to draft an ordinance that would make the sa and possession of bath salts and spice illegal. Committee member Sullivan asked if one substance was worse than City Attorney Gennaro replied that both cause very bizarre a behavior in people, and the effects are different for each individuc on the dosage. Committee Chair Maxwell said it would be prudent to bring it back t to discuss the language before it is presented to the City Council. I the motion. The motion was unanimously approved. 6. COMMITTEE COMMENTS Committee member Sullivan asked if there is an update on the squatter issu� City Attorney Gennaro said that, subsequent to the discussion at the Marc meeting, she believed follow-up information had been provided on this tc review her file to verify that it was distributed and then talk with Commi Sullivan about the topic. No additional information has been received by st 7. ADJOURNMENT The meeting adjourned at 12:52 p.m.