HomeMy WebLinkAbout01/23/2017
B A K E R S F I E L D
Staff: Committee Members:
Steven Teglia, Assistant City Manager Councilmember, Chris Parlier - Chair
Chris Gerry, Administrative Analyst III Councilmember, Jacquie Sullivan
Councilmember, Andrae Gonzales
Special Meeting of the
Legislative and Litigation Committee
of the City Council – City of Bakersfield
Monday, January 23, 2017
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 OCTOBER 24, 2016 AGENDA SUMMARY REPORT
3. PUBLIC STATEMENTS
4. NEW BUSINESS
A. Discussion Regarding Use of Administrative Citation Process this Past
4thof July – Iger
B. Discussion Regarding the Ice Cream Vending Ordinance – Iger
C. Discussion and Committee Recommendation Regarding Adoption
of the 2017 Committee Meeting Schedule - Teglia
5. COMMITTEE COMMENTS
6. ADJOURNMENT
/s/ Steve Teglia
B A K E R S F I E L D
Committee Members
Staff: Steve Teglia Councilmember, Terry Maxwell, Chair
Assistant City Manager Councilmember, Jacquie Sullivan
Councilmember, Chris Parlier
REGULAR MEETING OF THE
LEGISLATIVE AND LITIGATION COMMITTEE
Monday, October 24, 2016
12:00 p.m.
City Hall North – Conference Room A
1600 Truxtun Avenue, Bakersfield, CA 93301
AGENDA SUMMARY REPORT
The meeting was called to order at 12:05 p.m.
1. ROLL CALL
Committee members:
Councilmember, Terry Maxwell, Chair
Councilmember, Jacquie Sullivan
Councilmember, Chris Parlier
City Staff:
Steve Teglia and Chris Huot, Assistant City Managers
Lisa McGranahan, Human Resources Manager
Aaron Kennedy, Information Technology Supervisor
Virginia Gennaro, City Attorney
Richard Iger, Deputy City Attorney
Viridiana King, Associate Attorney
Phil Burns, Building Director
Greg Williamson, Bakersfield Police Chief
Jason Matson, Bakersfield Police Lieutenant
Tammy Davis, Animal Control Supervisor
Lacey VonDohlen, Bakersfield Police Clerk Typist
Julie Johnson, City of Bakersfield Animal Control Center Director
Kimberly Wilson, City of Bakersfield Animal Control Center Veterinarian
Others Present:
Members of the Public
Members of the Media
Members of Critters without Litters
2. ADOPT SEPTEMBER 19, 2016 AGENDA SUMMARY REPORT
The Report was adopted as submitted.
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3. PUBLIC STATEMENTS
There were no public statements.
4. DEFERRED BUSINESS
A. Discussion Regarding Target Zero Program - Teglia
Assistant City Manager Teglia provided a summary of the Asilomar adjusted total
intake numbers from the previous three years the City of Bakersfield Animal Care
Center (CBACC) which showed a decline in total animal intake and an increase in
the live release rate. He introduced Dr. Sara Pizano and Cameron Moore who
provided an overview of the Target Zero Program.
Target Zero Program Director Dr. Sara Pizano provided a summary of the different
tools the Target Zero Program utilizes to assist Animal Shelters to productively
decrease animal intake and achieve and maintain a 90% or more live release rate.
She also reviewed several findings of a recently conducted assessment of CBACC.
Dr. Pizano praised the City for its partnerships including the Bakersfield SPCA, the
Bakersfield Homeless Center, and others, and for its funding of public spay/neuter
and vaccination programs. She suggested changes be made to the City’s
ordinance, to CBACC’s operating hours, to the spay/neuter program, and that the
City implement a cat diversion program.
Committee member Sullivan thanked Dr. Pizano for her presentation and was
encouraged by the data presented. Committee member Parlier also thanked Dr.
Pizano for her positive comments regarding CBACC. Committee Chair Maxwell
agreed with their comments.
Public speaker Christi Nolan stated she was excited about the information provided
by Dr. Pizano. She asked when the City would be a fellow of the Target Zero
Program. She also stated that educating the public about available programs is
important.
Vicky Thrasher with Critters without Litters stated she was in support of a community
cat diversion program. Larry Keller, also with Critters without Litters agreed with Ms.
Thrasher’s comments and added that advertising the spay/neuter voucher
program more would contribute to decreasing the intake and euthanasia rates at
CBACC.
Assistant City Manager Teglia stated a fellowship with the Target Zero Program
would assist the City with acquiring funding for many of the programs it supports.
Committee member Sullivan made a motion to recommend a resolution to the full
City Council to participate as a fellow in the Target Zero Program and implement a
Community Cat Diversion program. The motion was unanimously approved.
Committee member Parlier requested the resolution be presented during the
workshop portion at the Council meeting.
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Public speaker Liz Keogh stated that she has been an advocate of trap-neuter-
release (TNR) program for many years. Ms. Keogh further stated she will provide
additional comments and questions when the resolution is presented to the full City
Council.
Committee member Parlier asked if CBACC had any cat cages that City residents
could borrow for TNR.
CBACC Director Julie Johnson stated CBACC did not have any cages and that
they would have to be purchased. Ms. Thrasher stated Critters without Litters had
several cages people could utilize for free. They require a small deposit fee which is
returned at the time the cage is returned.
The Target Zero fellowship will assist CBACC in acquiring several items needed to
make the Community Cat Diversion program successful.
B. Medical Marijuana Dispensaries Update – Gennaro
City Attorney Gennaro provided an update regarding the enforcement of the
City’s Medical Marijuana Ordinance. She also presented a brief presentation
comparing the City of San Diego’s enforcement activities related to its medical
marijuana ordinance.
Deputy City Attorney Iger stated there have been between six to ten medical
marijuana dispensaries opened in the Oleander Area over the past year. The City
Attorney’s office has closed six in Ward 2 in the past month and has pending
lawsuits with three others.
Public speaker Helen Kotowske stated many residents are unaware of the number
of medical marijuana dispensaries in the Oleander area because of the
inconspicuous signage they use to advertise their shops. Many businesses in the
area are closing up and moving away to other locations around town.
Public speaker David Brust stated there are 11 open medical marijuana
dispensaries located in the area generally south of California Avenue to Brundage
Lane and west of Chester Avenue to Oak Street. He stated that there has been
improvement in closing them down in the Oleander area and is looking forward to
seeing it improve further. He suggested the city advertise when it has successfully
shut down a medical marijuana dispensary and be proactive about informing
businesses what the ordinance does and does not allow. He and other concerned
Oleander residents have formed Bakersfield Residents Against Pot Shops (B-RAPS) in
an effort to remove the dispensaries from their area. Anyone interested in obtaining
more information on getting involved can visit www.B-RAPS.Org
Committee Chair Maxwell stated that the number of vacant properties combined
with the length in which they have been vacant contributes to the large number of
medical marijuana dispensaries. Many property owners are not aware that they
have leased property to someone running a medical marijuana dispensary.
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City Attorney Gennaro stated she agreed with Committee Chair Maxwell’s
comments and that her office will review any outstanding letters addressed to the
medical marijuana dispensaries which continue to remain open, for further action.
Committee member Sullivan asked how it was possible for a medical marijuana
dispensary to be closed down and re-open again later. She also thanked Mr. Burst
and Ms. Kotowske for being aware and involved with the activities occurring within
their communities.
Deputy City Attorney Iger stated the city is required to restart the civil process to
reclose a medical marijuana dispensary when it opens in a new location; if there
was a lawsuit, the dispensary can be held in contempt of a court and action can
be immediately taken to close the dispensary.
Committee member Parlier stated he was present for the closing of a medical
marijuana dispensary located at H Street and Brundage Lane and was astonished
by the work it requires. He inquired about referring the item of implementation of
civil penalties to the City Council and the status of the local measure.
City Attorney Gennaro stated that due to the impending election and the
uncertainty of Proposition 64 further discussion occur after the election. She further
stated it would be appropriate for the item to be discussed by the entire City
Council, as they will have several options at that time.
Deputy City Attorney Iger stated the petition had been received the week of
October 17, 2016 and that the City had 30 days to verify the signatures. Once all
signatures are verified and they meet a certain threshold, they are presented for
certification to the full City Council. The City Council will then also have to decide
to adopt the ordinance as is or submit it to the voters on the next ballot measure.
The ordinance would legalize medical marijuana dispensaries in the City of
Bakersfield in 2018.
Committee Chair Maxwell thanked Mr. Brust and Ms. Kotowske for attending the
meeting. He stated the State of California should have setup a similar system like
the issuance of alcohol permits by the Department of Alcohol and Beverage
Control to regulate the medical marijuana dispensaries. The City passed a
resolution and an ordinance to provide the City Attorney’s office a means to
regulate the dispensaries and he believed they were closing the dispensaries
appropriately.
5. COMMITTEE COMMENTS
There were no committee comments.
6. ADJOURNMENT
The meeting adjourned at 1:40 p.m.
All meetings will be held at City Hall North, First Floor, Conference Room A
Adopted: Draft
Legislative and LitigationCity Council Meetings
Committee Meetings 3:30 Closed Session, 5:15 p.m. Public Session
Time: To Be Determined Budget Hearing 06/07, Budget Adoption 06/28
Budget Departmental WorkshopsHolidays - City Hall Closed
12:00 p.m.
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31
League of California Cities Annual Conference - September 13 - 15, 2017
League of California Cities Mayors and Council Members Executiuve Forum - June 28 - 30, 2017
APRILMAYJUNE
Legislative and Litigation Committee Calendar
January 2017 Through December 2017
JANUARYFEBRUARYMARCH
JULYAUGUSTSEPTEMBER
OCTOBERNOVEMBERDECEMBER
Documents
Presented At
Legislative and
Litigation Committee
January 23, 2017
Meeting
1/23/2017
1
Fireworks Enforcement 2016
Legislative & Litigation
Committee
January 23, 2017
Joshua Rudnick
Deputy City Attorney
Fireworks Enforcement Highlights
•BFD issued 85 administrative citations at $1,000 each
•11 violators requested a hearing and paid the $1,000 fine
•16 Violators paid the fine in full and did not want a hearing
•19 Violators made payment plan arrangements waiving
their right to a hearing
•67 collection letters were sent out to the rest of the
violators to pay their fines
•Any violators that have not paid or entered into a payment
plan will be taken to small claims court
•18 small claims cases filed so far
1/23/2017
2
Net Benefit of Program
•To date the City has collected $33,100.00 in fines
–57 enforcement Firefighters on duty
–Enforcement costs: $20,700.00
–Hearing Officer: $2,025.00
–Court Reporter: $500.00
–Net = $9,875.00
Administrative Hearings Summary
•Seven hearings were held on August 30 & one on September
15, 2016 at Council Chambers
•CAO prosecuted 8 cases; 3 “no shows”
•BFD issuing officers were present and testified at the hearings
•A neutral Hearing Officer, Oliver Robinson, Esq., heard the
appeals
•BPD officer was present
•A court reporter was present
•All hearings were completed in about 1 hour and fifteen minutes
•Hearing Officer upheld 7 citation fines ($1,000 each) and
reduced 1 citation amount to $750
1/23/2017
3
Evaluation of Administrative
Citation Process
•Overall the Administrative Citation Process
was a success
•BFD issued almost double the amount of
citations than previous year
•BFD confiscated 625 lbs of illegal fireworks
•CAO worked with BFD and Finance to
implement an administrative fine
payments/collections process
Next Steps
•Continue with the collections process
•Conduct outreach to Sikh communities about
illegal fireworks
•Make sure a notice is posted or handed out
in fireworks booths located in the county that
Piccolo Petes and Groundbloom Flowers are
illegal in the City
1/23/2017
4
Questions / Comments
1/23/2017
5
Administrative Process
City of Bakersfield
Legislative & Litigation Committee
January 23, 2017
Virginia Gennaro
City Attorney
History
•City first Adopted administrative citations to
use for water wasters
–October 14, 2015
–$50 for 1st Violation, $150 for 2nd, $250‐$1,000
for each subsequent violation
•City then adopted administrative citations for
fireworks
–March 2, 2016
–$1,000 per violation
1/23/2017
6
Overview
Criminal Citation
Arrest (cite & release)
Must be Committed in
Presence of Officer
Court Hearings
Jury Trial
Post Conviction
(sentencing)
Infraction/Misdemeanor
Fines up to $1,000
Beyond a Reasonable
Doubt
Court Collects Fine
Administrative Citation
No Arrest
Committed in Presence of
Officer Not Required
Administrative Hearing
Hearing Officer
Appeal to Superior Court
No Criminal Record
Fines up to $1,000
Preponderance of the
Evidence
City Collects Fine
Hearing Process
Criminal vs.Administrative
Criminal: “Beyond a Reasonable Doubt”
Means proof that leaves you with an abiding
conviction that the charge is true. The evidence
may not need to eliminate all possible doubt
Strict rules of evidence
Formal hearing
Administrative: “Preponderance of the Evidence”
Means proof of just enough evidence to make it
more likely than not that the fact the claimant
seeks to prove is true
Less strict rules of evidence
Informal hearing
1/23/2017
7
Staff Requirement
Criminal vs.Administrative
Criminal Case
Court Provides Staff and
Judge
District Attorney
Prosecutes
City Provides Witnesses
Administrative Case
City Provides Staff and
Hearing Officer
Staff Prosecutes
City Provides Witnesses and
Evidence
Administrative Process
Citation Issued Citizen Pays
Fine
Admin Hearing*
Appeal Process
If Citizen does not
Pay fine or show
for Hearing
Appeal to
Superior Court
City goes to
Small Claims
City Records
Judgement
*Staff Involved
Department = Citation
CMO = Hearing Officer
CAO = Hearing Off. Rep.
Clerk = Support
Finance = Collection
1/23/2017
8
Overview of Process
City Manager appoints the hearing officer
Hearing takes place
City must prove the violation
Hearing officer has flexibility in adjusting the fine
If citation is dismissed or fine reduced, City refunds
the appropriate amount
Decision of Hearing Officer is final
Administrative Citation Options
All Code
Sections
Amend BMC
1.40.010
Fine Schedule
for Each Section
CMO Determines
Staffing
Specific Section
Amend Section
Similar to Emergency
Ordinance
Determine Fine for
Section of BMC
Option A Option B
CMO Determines
Staffing
1/23/2017
9
Option A
Amendment to BMC 1.40.010
1.40.010 Violation ‐Penalty
Unless otherwise expressly provided in this code, a violation
of any provision of this code, or a failure to comply with any
of the mandatory requirements of this code, or counseling,
aiding or abetting a violation or failure to comply shall be
punishable as an infraction or misdemeanor as set forth
below, or anadministrative citation pursuant to Bakersfield
Municipal Code Section 1.40.020
1.40.020 ‐Administrative Citations
Sets forth the administrative citation process as a new section
added to the BMC. It could be similar to the recently
approved emergency ordinance for water violations
Fine Amounts
Identify fine amount for each violation (requires
fine schedule) or general amount appropriate to
all code section
Specific
Requires fine schedule
For Example Violation of BMC 5.32.260 (Massage) = $1,000 fine
General
Can be done in 1.40.020
For example: Unless otherwise specified, a violation of the
Bakersfield Municipal code results in a fine of $50 for first
offense, $150 for second offense, and $250 for third offense
1/23/2017
10
Option B
Amend Specific Sections To Include Fines
Park Violations
Amend 12.56
Fines = $50 first, $150 second, $250 third
City Licenses (Cabaret, Massage, and Taxi)
Amend portions of Chapter 5
Fines = $250 first, $500 second, $1,000 third
Building/Zoning Violation
Amend 17.72
Fines = $150 first, $250 second, $500 third
Sample Amendment
5.32.250 Penalty (Massage)
Violation of any provision of this chapter may be
punishable as an infraction, or misdemeanor… or
an administrative citation pursuant to Bakersfield
Municipal Code Section 5.32.260
5.32.260 Administrative Citations
Enforcement officer shall have the authority to
issue an administrative citation to any person
responsible for the violation of this chapter…
1/23/2017
11
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