HomeMy WebLinkAbout09/27/2016
B A K E R S F I E L D
Staff: Committee members:
Christopher Gerry, Administrative Analyst Jacquie Sullivan, Chair
Willie Rivera
Bob Smith
SPECIAL MEETING OF THE
COMMUNITY SERVICES COMMITTEE
of the City Council - City of Bakersfield
Tuesday, September 27, 2016
12:00 p.m.
City Hall North
1600 Truxtun Avenue, Bakersfield, CA 93301
First Floor, Conference Room A
AGENDA
1. ROLL CALL
2. ADOPT AUGUST 4, 2016 AGENDA SUMMARY REPORT
3. PUBLIC STATEMENTS
4. NEW BUSINESS
A. Bakersfield Marathon Update – Huot
5. COMMITTEE COMMENTS
6. ADJOURNMENT
B A K E R S F I E L D
Committee Members:
Chris Gerry, Administrative Analyst Jacquie Sullivan, Chair
Bob Smith
Willie Rivera
AGENDA SUMMARY REPORT
REGULAR MEETING OF THE
COMMUNITY SERVICES COMMITTEE MEETING
Thursday, August 4, 2016
12:00 p.m.
City Hall North
First Floor - Conference Room A
1600 Truxtun Avenue, Bakersfield CA 93301
The meeting was called to order at 12:03 p.m.
1. ROLL CALL
Committee Members Present:
Councilmember Jacquie Sullivan, Chair
Councilmember Bob Smith
Councilmember Willie Rivera
Staff Present:
Alan Tandy, City Manager
Chris Huot, Assistant City Manager
Caleb Blaschke, Management Assistant
Virginia Gennaro, City Attorney
Richard Iger, Deputy City Attorney
Viridiana Gallardo-King, Associate Attorney
Dianne Hoover, Recreation and Parks Director
Jacqui Kitchen, Planning Director
Paul Johnson, Principal Planner
Phil Burns, Building Director
Ted Wright, Assistant Public Works Director
Julie Johnson, City of Bakersfield Animal Care Center
Dennis West, Bakersfield Police Lieutenant
Tammy Davis, Bakersfield Animal Control Supervisor
Lacey VonDohlen, Bakersfield Animal Control
s: Chris Gerry
Community Services Committee Meeting
Agenda Summary Report
Thursday, August 4, 2016
Page 2
Others Present:
Members of the Downtown Bakersfield Development Corporation
Members of the Downtown Business Association
Members of the Public
Members of the Media
2. ADOPT APRIL 7, 2016 AGENDA SUMMARY REPORT
The report was adopted as submitted.
3. PUBLIC STATEMENTS
None
4. DEFERRED BUSINESS
A. Mobile Food Vendors – Blaschke/Iger
City Attorney Gennaro stated that her office had drafted a food vending vehicle
ordinance, which was included in the meeting packet. Deputy City Attorney Iger
provided a presentation highlighting the additions to the proposed ordinance.
Committee Chair Sullivan asked if the usage of table and chairs on private property
would be portable for the food trucks and if the proposed changes regulated all
mobile food vendors.
Deputy City Attorney Iger stated all seating equipment is to be packed and
removed each occurrence at closing by food truck vendors when on public
property; the tables and chairs can remain when on private property. He stated the
proposed changes does not impact ice cream trucks or push carts, as there is a
separate code section that regulates them. City Attorney Gennaro stated that a lot
of overlap between the different food vendors exists and that the proposed
changes do not contradict the ordinances regulating the other types of food
vending vehicles.
Cathy Butler with the Downtown Bakersfield Development Corporation thanked the
Committee and staff for addressing the food truck vendor issue. She also stated
there are issues with enforcing the ordinance as several infractions occur after
regular business hours.
Jerry Bavanowski owner of Jerry’s Pizza in downtown Bakersfield stated that food
trucks should not be allowed to park any closer than 75 feet to brick and mortar
restaurants and that they should not be allowed to park on private property.
Stephen Schrepfer with Think Green Pedicabs stated he believed that food trucks
strategically placed could complement the downtown community and that there
should not be a time limit imposed on food trucks to close and leave. He stated the
greater problem is enforcing the current laws.
Community Services Committee Meeting
Agenda Summary Report
Thursday, August 4, 2016
Page 3
Andy Escobar with Curbside Kitchen asked if the proposed ordinance applied to
trailers and if vendors would be allowed to have tables and chairs. He also
commented that the majority of Curbside Kitchen’s clientele orders are to-go, which
is why they only utilize carry-out containers. He also stated that their garbage
disposal containers generally do not get full daily.
Deputy City Attorney Iger stated that the proposed ordinance would apply to all
licensed trailers and that vendors would be allowed to have tables and chairs.
Committee Member Smith asked staff to review the language in the following
sections:
Section 5.66.040 B3: change “dishonesty” to “conviction”;
Section 5.66.050 2D: clarify what kind of lighting is allowed and where;
Section 5.66.050 2E: clarify if a sign is allowed on private property;
Section 5.66.050 2F: clarify if alcohol could be sold or served if located on
private property;
Section 5.66.050 2I: add table and chairs;
Section 5.66.050 2K: research if the City Center (C-C) Zone district is
encompassed by the Central Business (C-B) Zone, if not it should be listed;
Section 5.66.050 2L: regarding the distance between food vending vehicles
and brick and mortar restaurants, it should be lowered to 10 feet; Section
5.66.050 2M: refer to those with a permit being exempted;
Section 5.66.050 2R: have C-C Zone listed and the hours of operation left at
the discretion of the business owner;
Sections 5.66.060 C: refer to those with a permit being exempted; and
Section 5.66.070 E: have the C-C Zone listed if applicable.
Management Assistant Blaschke stated several cities that have ordinances, recently
eliminate distances between food vending vehicles and brick and mortar
restaurants.
Bakersfield Police Department Lieutenant West stated that having the food vending
vehicles close prior to the closing of the bars in downtown eliminates the concern of
public safety.
Committee Member Rivera requested that Section 5.66.040 B3 not be listed. He
inquired if there are any other C-C Zones within the city and agreed with Committee
Member Smith regarding the decrease of distance between food vending vehicles
and brick and mortar restaurants, and the removal of any time restrictions, and if
necessary, increase the distance in which food vending vehicles can operate from
residential properties.
Committee Chair Sullivan stated she would prefer keeping a reasonable distance
between brick and mortar restaurants and food vending vehicles. She also asked if
the proposed ordinance was the same as the County.
Community Services Committee Meeting
Agenda Summary Report
Thursday, August 4, 2016
Page 4
City Attorney Gennaro stated the County does not have a food vending vehicle
ordinance. The County issues health permits after a vendor has met certain
requirements. Deputy City Attorney Iger stated the City requires food vendors have
a health permit. The proposed ordinance does not contradict the requirements to
acquire a health permit. Management Assistant Blaschke stated the County
regulates food vendors regularly.
Committee Chair Sullivan stated that although she did not agree with all of the
suggested revisions, she would like to see them incorporated in to the proposed
ordinance and presented to the Committee for further discussion.
Committee member Smith motioned, second by Rivera, to have the proposed
ordinance and revisions presented to the full City Council for further discussion. Upon
further discussions, the motion was unanimously approved.
The City Attorney’s office was directed to present the proposed ordinance during a
workshop to the full City Council so all the members have an opportunity to discuss
and make comments on the ordinance.
B. Westside Parkway Artwork Update – Blaschke
Management Assistant Blaschke provided a presentation and a brief summary of
the concept of creating artwork along the Westside Parkway. He referred to the
memorandum included in the packet. Mr. Blaschke stated that the Bakersfield
Museum of Art (BMA) approached the City with an opportunity to place 13
fiberglass-painted trucks along the Parkway. Staff and Caltrans have reviewed
possible locations and recommended that the trucks be placed near Calloway
Drive.
Committee Member Smith stated a great scene can be achieved with the 13 trucks
at the Calloway Drive interchange of the Parkway.
Committee Member Rivera asked if there are any costs associated with
landscaping.
Committee Member Smith stated the current plans do not include landscaping.
Committee Chair Sullivan stated she thought it would be very difficult for drivers to
view the detail of the art on the trucks as they drive by at high speed. She stated she
envisioned larger portraits of iconic features resembling Bakersfield.
Recreation and Parks Director Hoover stated that the City has been doing outreach
for some time and was unable to garner public support or obtain sponsors. The art
trucks provide a visual scene of the artwork concept and may attract the interest
and support of the public and future sponsors.
Community Services Committee Meeting
Agenda Summary Report
Thursday, August 4, 2016
Page 5
5. NEW BUSINESS
A. Bakersfield Animal Care Center Policies and Procedures – West / Iger
Bakersfield Police Lieutenant West provided a summary of the partnership between
the City and the Bakersfield SPCA who manages the daily operations of the City of
Bakersfield Animal Care Center (CBACC).
Bakersfield SPCA Executive Director Johnson provided a summary of the various
types of animal intakes dealt with daily at CBACC as well as the procedures
followed from the initial arrival of the animal through the reunification of the animal
to its owner.
Deputy City Attorney Iger stated there are several laws in California that authorize
an animal to be euthanized if it is injured or in an unhealthy state of being at the
time of initial contact.
Bakersfield resident Ms. Minoo Seyedan provided details of her recent experience at
CBACC and its staff regarding her dog Pumpkin.
Bakersfield resident Ms. Liz Keogh stated there have been several issues at CBACC
since the contract with the Bakersfield SPCA was approved in 2013. She questioned
whether they were capable of handling the daily operations of CBACC in
accordance with State law, good veterinary practices, and good shelter
management. She also provided details of her experience with CBACC and its staff
regarding the zeutering and adoption documentation of a dog. Ms. Keogh referred
to an administrative report dated July 9, 2013 and urged the Committee to review
additional options it may have, like the creation of a Commission, prior to renewing
an agreement with the Bakersfield SPCA.
Committee Member Rivera excused himself and requested the City Attorney
contact him at the conclusion of the meeting and provide him the details of any
Committee action.
Bakersfield resident Ms. Teri Kahn had several questions regarding the matter of Ms.
Seyedan’s dog Pumpkin.
Bakersfield resident Ms. Christi Nolan stated she had several concerns; specifically,
the rules and regulation of CBACC and their enforcement, the hours of operation of
CBACC, the lack of a trap, neuter, and release (TNR) program for cats at CBACC,
and the homeless and their animals. She stated she would like to see CBACC
become a “no kill” center.
Bakersfield resident Ms. Susan Madigan stated Whole Earth Pet Foundation and the
Kern Human Society provides food to the homeless with animals and vaccinations
as well. She stated she was concerned about the rules and regulations not being
followed at CBACC and the City’s partnership with the Bakersfield SPCA. She also
Community Services Committee Meeting
Agenda Summary Report
Thursday, August 4, 2016
Page 6
provided details of her experience with the Bakersfield SPCA staff. Ms. Madigan
suggested the City create a Commission or Advisory Board to oversee the
management of CBACC.
Assistant City Manager Huot stated several of the items discussed at the meeting
require additional research; staff could prepare a report and present it to the
Committee at a future meeting. City Attorney Gennaro stated she agreed because
several of the concerns presented to the Committee are currently being addressed
by the Legislative and Litigation Committee; addressing overlapping issues places
the Councilmembers in a position to possibly violation the Brown Act. Staff can
address the concerns regarding Ms. Seyedan’s dog Pumpkin in a report and present
it to the Committee at a future meeting as well.
Committee Member Smith asked for clarification regarding what the Committee
could do on the matter to not conflict with matters being addressed at the
Legislative and Litigation Committee.
City Attorney Gennaro stated all matters related to the CBACC have generally
been addressed by the Legislative and Litigation Committee including, the TNR
program, the spay-and-neuter program, and the Target Zero program as they also
relate to the rules and regulations. Staff could prepare a report addressing all the
concerns mentioned at the meeting with a note indicating what Committee the
item can be addressed. The report will also include a response from CBACC
Executive Director Johnson addressing all the concerns regarding Ms. Seyedan’s
dog Pumpkin.
Committee Member Smith requested it be presented to the full City Council as
matters mentioned during the meeting might be of interest to the other
Councilmembers. Committee Chair Sullivan agreed.
6. COMMITTEE COMMENTS
Committee Chair Sullivan thanked everyone for attending the meeting and providing
comments on such an important matter.
7. ADJOURNMENT
The meeting adjourned at 2:43 p.m.
cc: Honorable Mayor and Council
Documents
Presented At
Community Services
Committee
September 27, 2016
Meeting
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