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Home My WebLink About04/18/2006 15 A K E R S F I E ~ D Zack Scrivner, Chair Sue Benham David Couch Staff: Alan Christensen MEETING NOTICE LEGISLATIVE AND LITIGATION COMMITTEE of the City Council - City of Bakersfield Tuesday, April 18, 2006 1:00 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue, Bakersfield, CA AGENDA 1. ROLL CALL 2. ADOPT MARCH 14, 2006 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS. A. Discussion and Committee recommendation regarding amendments to Council Reimbursement Resolution/Policy - Gennaro 5. NEW BUSINESS A. Discussion and Committee recommendation on amending the ordinance regarding parking of vehicles in alleys - Gennaro B. Discussion and Committee recommendation regarding giving away or selling animals in front of businesses - Gennaro/Lt. Moore 6. COMMITTEE COMMENTS 7. ADJOURNMENT B A K E R S F I E L D RAFT ,//~/ Zack Scrivner, Chair S~:' Alan Sue Benham For: Alan Tandy, City Manager David Couch AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, March 14, 2006 1:00 p.m. City Manager's Conference Room, Suite 201 Second Floor - City Hall, 1501 Truxtun Avenue, Bakersfield, CA 1. ROLL CALL Called to Order at 1:02 p.m. Present: Councilmembers Zack Scrivner, Chair; Sue Benham; and David Couch 2. ADOPT FEBRUARY 14, 2006 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Discussion and Committee recommendation on redirecting~work previously performed in the Intergovernmental Relations Committee Assistant City Manager Alan Christensen gave a brief history on how the JOint City/County agenda preparation was handled previously in the Intergovernmental Relations Committee. After discussion, Committee Member Sue Benham made a motion to make a recommendation to the Council that prior to the Joint meetings, an item be put on the City Council agenda to allow Council's input on the Joint City/County meeting agenda. City staff will then get together with County staff to finalize the agenda. The Committee unanimously approved the motion. LEGISLATIVE AND LITIGATION COMMITTEE Page AGENDA SUMMARY REPORT Tuesday, March 14, 2006 D~AF B. Report and Committee recommendation on proposed ordinance regarding specific parade routes Police Lieutenant Jay Borton reported problems have occurred recently when parades were held in residential areas. Residents were blocked in their homes with no way out, or were blocked from driving to their homes. Staff is proposing changes to the ordinanCe relating to parade routes. The main change being proposed is to limit and specify parade routes. In order to promote public safety and welfare, none of the proposed routes are in residential areas. The routes will be specifically defined in' the Bakersfield Police Department Parade Manual, but will be generally identified as: a. the "L" Street corridor; b. the "F" Street corridor; c. the Truxtun Avenue corridor; and d. the East California Avenue corridor Committee Member Sue Benham requested the Baker Street corridor be added to the list. There have not been any parades in two or three years; however, sinCe the area is being revitalized, she did not want to exclude the Old Town Kern Association from holding parades. Staff is also proposing to change the application time for parade permits from two days to ten business days prior to the event. Two days does not allow time for scheduling staff and planning for putting up barricades. Terry Maxwell, T.L. Maxwell's Restaurant, spoke regarding the negative impacts parades have on his restaurant and bar business due to limited access and no available customer parking. He suggested 21st Street be used for parades. Police Lieutenant Jay Borton explained part of 21st Street is included with the "L" Street corridor. The Black History Parade was recently held on 21st Street. City Attorney Ginny Gennaro explained the corridors will need to be clearly defined in the Bakersfield Police Department Parade Manual and the section defining the corridors should be included as backup information when the proposed amended ordinance goes to the Council for first reading. Committee Member Sue Benham made a motion to forward the ordinance to the City Council for first reading, including the addition of the Baker Street corridor to the parade routes. The Committee unanimously approved, the motion. LEGISLATIVE AND LITIGATION COMMITTEE page 3 AGENDA SUMMARY REPORT Tuesday, March 14, 2006 DRAFT 5. NEW BUSINESS A. Discussion and Committee recommendation on safety issues associated with roadside memorials Public Works Director Raul Rojas explained most of the memorials are placed 'in the public right-of-ways. Public Works past practice has been to leave the memorials out of respect, as long as the memorial does not interfere with the driving public. Public Works has never received any complaints about the temporary memorials, most likely out of respect for mourners. Assistant Recreation and Parks Director Allen Abe stated if the memorials are in landscaped areas that must be maintained or are restricting the vision of drivers, they are removed. City Attorney Ginny Gennaro stated CalTrans has. a standardized memorial as they do not approve of balloons or teddy bears. If CalTrans is petitioned, they will post a standardized memorial marker. However, it is expensive. Assistant Recreation and Parks Director .Allen Abe reported the City has a memorial bench available that could be purchased and placed in a park or a plaque can 'be purchased to be placed on an existing bench in River Walk Park; both are available on the City's webpage. The Memorial Grove being developed at Manor Street would be another way to memorialize a loved one by planting a tree with a plaque. It is also possible to use the "Adopt A Highway" program to memorialize a loved one. Committee Member Sue Benham requested staff to respond to the citizen who had concerns about 'roadside memorials explaining the issue has been reviewed and include all the alternative memorials available to the public. The Committee took no further action. 6. COMMITTEE COMMENTS 7.. ADJOURNMENT The meeting was adjourned at 1:47 p.m. Staff: Assistant City Manager Alan Christensen; City Attorney Ginny Gennaro; Police Lieutenant Jay Borton; and Assistant Recreation and Parks Director Allen Abe Others present: Terry Maxwell and Paula Maxwell, T.L. Maxwell's Restaurant cc: Honorable Mayor and City Council S:V~C\06 Legislative&Litigation\LL 06 mar 14 summary.doc 7.08.370 Sale, adoption and other transfers °flive animals. Page 1 of 1 Titl'e 7 ANIMALS Chapter 7.08 ANIMAL CONTROL REGULATIONS 7.08.370 Sale, adoption and other transfers of live animals. A. Any person who offers or provides, whether for compensation or otherwise, any dog or cat for sale or other type of transfer, shall disclose to the transferee information regarding the license requirements of the county of Kern applicable to the transferred animal. B. No person shall present any live animal for sale,, adoption, barter, exchange or adoption, whether for compensation or otherwise, in any public place. The term "live animal" as defined by this sectiOn shall include, but is not limited to, dogs, cats, birds, fish, poultry, rabbits and livestock. The term "public place" as defined by this section, shall include, but not be limited to, streets, highways, sidewalks, carnivals, shopping malls, swap meets, and areas in front of commercial establishments. This prohibition shall not apply to: 1. Government agencies; non-profit animal rescue organizations exempt from taxation under Internal Revenue Code Section 501(c)(3); or humane societies or societies for the prevention of cruelty to animals if such societies are incorporated under the provisions of California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110; 2. Dog or cat shows; 3. Pet stores which sell or otherwise transfer live animals, whether for compensation or otherwise, within the store; or 4. Livestock auctions or similar activities. C. No person shall give away any dog or cat as a prize or as an inducement to enter into any contest, lottery, drawing, game or competition. D. No person shall give away any dog or cat as an inducement to enter a place of business, or to enter into a business arrangement. E. No person shall sell, barter, exchange or offer for adoption, whether for compensation or otherwise, any live animal to any minor under the age of eighteen (18) years, without the written permission of one of the minor's parents or legal guardians. (Ord. G-6942 § 5 (part), 2002) http://ordlink.com/codes/kemcoun/_DATAFFITLE07/Chapter 7 08 ANIMAL_CONTR... 4/14/2006