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HomeMy WebLinkAbout09/19/2016  /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, September 19, 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 12:00 p.m. 1. ROLL CALL Committee members: Councilmember, Terry Maxwell, Chair Councilmember, Jacquie Sullivan Councilmember, Chris Parlier City Staff: Steve Teglia, Assistant City Manager Christopher Gerry, Administrative Analyst – City Manager’s Office Virginia Gennaro, City Attorney Richard Iger, Deputy City Attorney Viridiana King, Associate Attorney Nick Fidler, Public Works Director Jacqui Kitchen, Planning Director Phil Burns, Building Director Greg Williamson, Bakersfield Police Chief Lyle Martin, Bakersfield Assistant Police Chief Joe Bianco, Bakersfield Police Captain Rene Chow, Bakersfield Police Captain Joe Mullins, Bakersfield Police Lieutenant Lisa McGranahan, Human Resources Manager Others Present: Members of the Public Members of the Media Members of Caught Up   _________________________________________________________________ S:\Council Committees\2016\Legislative and Litigation\09_September\September 19 ASR.docx Page 2 ST:mc     2. ADOPT AUGUST 22, 2016 AGENDA SUMMARY REPORT The Report was adopted as submitted. 3. PUBLIC STATEMENTS None 4. NEW BUSINESS A. Discussion Regarding Hookah Lounges / Curfew – Gennaro/Williamson City Attorney Gennaro stated that the Committee would discuss youth curfews as it is a potential enforcement tool when dealing with Hookah Lounges. She presented a brief presentation regarding Hookah Lounges, crime statistics, and possible solutions. Police Captain Bianco provided an overview of the calls for service regarding Hookah Lounges. He stated that there have been 76 incidents involving curfew arrests during 2016. Deputy City Attorney Iger provided a summarization of the current cabaret ordinance and possible amendments to it to include the oversight of Hookah Lounges. City Attorney Gennaro stated that along with the recent passage of state legislation prohibiting anyone under the age of 21 from smoking, the concept of having Hookah Lounges apply for a cabaret permit will enable the Bakersfield Police Department (BPD) to restrict and regulate who can be served at the facilities. Mr. Isaiah Crompton thanked the Committee for discussing the matter. He also thanked BPD for all their efforts to enforce the curfew ordinance. He requested a community meeting be scheduled to discuss the process taken when a minor is detained. Committee Chair Maxwell stated the BPD is always looking for ways to reach out to the community and suggested Mr. Crompton speak with staff present at the meeting. Ms. Alexandra Reyes, whose son was recently killed outside a Hookah Lounge, stated that there should be better security at these establishments and that enforcement of the curfew ordinance will help stop the violence. She also thanked BPD, the Committee members, and staff for discussing the matters. Committee member Parlier stated the Bakersfield Municipal Code regarding Curfew for Minors section 9.44.010 should be amended to include tobacco products. Committee Chair Maxwell inquired about how the accuracy of the addresses provided for calls for service are reviewed.   _________________________________________________________________ S:\Council Committees\2016\Legislative and Litigation\09_September\September 19 ASR.docx Page 3 ST:mc     Police Chief Williamson stated that BPD receives many calls for incidents occurring outside the Hookah Lounges. Police Lieutenant Mullins stated BPD spends a lot of time monitoring these establishments. However, security at the establishments is a problem. Committee Chair Maxwell stated that applying restrictions to Hookah Lounges will not discourage groups from congregating at the establishments and that they will find somewhere else to do so. Police Lieutenant Mullins agreed. He added that in the downtown area, there is a lot of signage restricting parking hours and there are no open areas for groups to congregate after bars close. Committee Chair Maxwell inquired if other areas within the city would benefit from increased signage. Public Works Director Fidler stated enforcement of such signage is not possible on private parking lots. City Attorney Gennaro added that BPD and the businesses in areas experiencing issues work together to make changes in order to deter groups from congregating in open parking lots. Committee member Sullivan asked to review the businesses which are open past 2:00 a.m. and if Hookah Lounges are allowed to be open past that time. City Attorney Gennaro stated there is no law that dictates the specific hours of operation of a business. Hookah Lounges remain open for as long as their owner deems it is profitable for them to stay open. Police Chief Williamson stated there are several large chained businesses which remain open for 24 hours including Denny’s, Walmart, 7-Elevens, and 24 hour gas stations. Committee Chair Maxwell asked what time would Hookah Lounges be required to close if the revised ordinance is adopted. Police Chief Williamson stated the Hookah Lounges would be required to close at the same time as the drinking establishments. Committee member Parlier asked if there are any provisions which would revoke an establishment’s permit if they receive too many calls for service. City Attorney Gennaro stated that such a provision is a condition included as part pf the cabaret permit. Committee member Parlier made a motion to amend the Curfew for Minors ordinance to include tobacco products and a motion to amend the Cabaret ordinance as proposed by staff and present them to the full City Council for approval. The motions were unanimously approved.   _________________________________________________________________ S:\Council Committees\2016\Legislative and Litigation\09_September\September 19 ASR.docx Page 4 ST:mc     B. The Use of Administrative Citations for Illegal Pole Signage – Gennaro City Attorney Gennaro provided a summary of the memorandum included in the Committee packet regarding the use of an administrative citation process for individuals who post adverting signs on poles. The City Attorney’s office has been successful when reaching out to violators. 17 of 27 violators who have been contacted through letters have removed their signs and have not reposted any more. Enforcing the ordinance is very difficult if contact cannot be made with a business. An edict has been issued to all departments working in the field to remove any signs they come in contact within the public right-of-way, time and equipment permitting. Committee member Parlier thanked staff for their work and thought the letters to the businesses was a good idea. He inquired about signs located on utility poles. Public Works Director Fidler stated traffic signal technicians remove all signs located on any traffic control device and graffiti crews remove signs located on utility poles and poles in the public right-of-way that they encounter during their daily activities. Building Director Burns stated a recent sweep near the intersection of Stockdale Highway and Brundage Lane yielded 220 signs. Committee member Sullivan asked if all signs located on utility poles were violating the municipal code. City Attorney Gennaro stated all signs in public right-of-ways are in violation of the code, whether they are on the wooden poles or the metal poles. Committee Chair Maxwell thanked staff for all their hard work and efforts regarding the ongoing problem. 5. COMMITTEE COMMENTS Committee Sullivan stated the meeting was reflective of an open government forum available to the public to bring any items of concern within their communities to the Council for discussions and solutions. Committee Chair Maxwell thanked all of the staff present at the meeting for their work and involvement with the items discussed at the meeting. 6. ADJOURNMENT The meeting adjourned at 12:44 p.m.