HomeMy WebLinkAbout04/13/1995 K E RSFI E L D
Alan ~r Randy Rowles, Chair
Staff: Trudy Irma Carson
Galen Chow
AGENDA SUMMARY REPORT
LEGISLATIVE AND LITIGATION COMMITTEE
Thursday, April 13, 1995
4:00 p.m.
City Manager's Conference Room
1, ROLL CALL
Members present: Councilmember Randy Rowles, Chair; Councilmember
Irma Carson; and Councilmember Galen Chow
2. APPROVAL OF MARCH 16, 1995 MINUTES
Approved as submitted.
3. PRESENTATIONS
None.
4. PUBLIC STATEMENTS
None.
5. DEFERRED BUSINESS
A. GAS POWERED LEAF BLOWERS
-Frank Fabbri and'Trudy Slater briefed the Committee on previous research and
findings on leaf blowers. It was indicated that two California cities have outlawed
leaf blowers and some others have applied restrictions upon their use.
APPROV]~I) ~L~¥ 11, 1995
FILE COP
Agenda Summary Report
Legislative and Litigation Committee
April 13, 1995
Page -2-
Mr. Jack Rademacher suggested a ban on leaf blowing equipment in residential
areas. Ms. Laura Denison felt there was a health concern over dust as well as
noise, but favored voluntary change rather than government imposition.
The Committee discussed enforcement of restrictions, the effects of restrictions
upon gardeners in the city, alternative forms of equipment use (i.e., vacuums vs.
blowers), incentives rather than force.
City Attorney Judy Skousen indicated that restrictions on residential vs.
commercial might be possible; a recent case would need to be reviewed. Staff
were directed to get more information from cities up and down the Valley and
report back to the Committee.
B. COUNCIL RESIDENCY
Committee members agreed to forward to Council a request for a Charter
Amendment to be placed on the March 1996 ballot regarding Council residency.
Language for the Charter Amendment will be the same as in the recent City
ordinance.
C. CARD ROOMS
Lt. Bill Horton reviewed the three different options which were felt to be possible
in the case of annexed card rooms. The options were to: (1) make no change to
the existing City ordinance and require any annexed cardrooms to comply with
the City's ordinance; (2) amend the City ordinance to mirror that of the County
ordinance; and (3) amend the City ordinance to add a grandfathering clause
which would allow a set period for annexed businesses to comply with City
ordinance.
After discussion, the Committee decided to forward to Council for decision the
three options with a majority of the Committee feeling the third option should be
recommended with the caveat of limiting the grandfathering clause option to one
year.
Agenda Summary Report
Legislative and Litigation Committee
April 13, 1995
Page -3-
6. NEW BUSINESS
A. DISCUSSION ONLY: NUISANCE AT CORNER OF 4TH AND "V"
It was reported that the Police Department is in the process of preparing a report
regarding the problems encountered at Fourth and "V" Streets and that a packet
had been prepared for the Alcoholic Beverage Control. Calls for services have
continued to be quite high.
Several residents spoke against the activities of both the store and the
neighboring apartment building, focusing on drugs in and outside the store and
gambling near the apartments, as well as other criminal activities. Sharon
Johnson indicated she had a petition with 149 signatures on it. It was mentioned
that residents are afraid of retaliation from criminal element being pulled in by the
store which is making the area unhealthy and unsafe. Schools would support the
closing of the store as well.
The Committee was supportive of the City working with the residents to get the
problem solved. It was suggested that a framework or policy guideline be
developed for working with this type of situation (i.e., nuisance abatement) so that
it would not have to go through a Council committee and could be handled
administratively wherever possible.
7. ADJOURNMENT
The meeting adjourned at 6:50 p.m.
Staff attendees: Acting City Manager John Stinson; City Attorney Judy Skousen;
Assistant City Attorney Carl Hernandez; Parks Superintendent Frank Fabbri; Police Lt.
Bill Horton; Administrative Analyst Trudy Slater
Public attendees: Jack Rademacher, leaf blowers; Larry and Cornellia Owens, Carnation
Tract Association, nuisance at the corner of 4th and "V"; Lynn Edwards, cardroom and
4th and "V"; Sharon Johnson, Carnation Tract Association, nuisance at the corner of 4th
and "V" Street; Laura Denison, Project Clean Air, leaf blowers; Marc Benjamin, The
Bakersfield Californian
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