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HomeMy WebLinkAbout08/04/2016 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