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HomeMy WebLinkAbout02/18/1999 BAKERSFIELD  David Couch, Chair Alan Tandy, City anager Patricia J. DeMond Staff: Trudy Slate Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Thursday, February 18, 1999 1:30 p.m. City Manager's Conference Room '1. ROLL CALL Called to order at 1:40 p.m. Members present: Councilmember David Couch, Chair Councilmember Patricia DeMond Councilmember Sullivan arrived at 1:52 p.m. 2, ADOPT SEPTEMBER 17, 1998 AGENDA SUMMARY REPORT Adopted as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None ~fl)01~l~ ~ $1~Bt'fJ:'~1']~ t. LA_¥ 20~ 1999 F L[ Agenda Summary Report Legislative and Litigation Committee February 18, 1999 Page -2- Items 6.C. and 6.D. were brought forward on the agenda to address first. A brief recess was called at 1:48 p.m. The meeting was resumed at 1:52 p.m. upon Councilmember Sullivan's arrival, and items 5.A., 6.A. and 6.B. were discussed. 5. DEFERRED BUSINESS A. TOBACCO SELF-SERVICE DISPLAY BAN UPDATE Deputy City Attorney Virginia Gennaro briefly explained what had occurred since the last meeting. She indicated the resolution encouraging a voluntary ban had been sent to Council and approved. The City Attorney's Office had been directed to draft an ordinance mandating self-service display bans for committee review, and research was continuing. 6. NEW BUSINESS A. AMPLIFIED SOUND ORDINANCE City Attorney Bart Thiltgen explained concerns over the registration period of the existing ordinance. City Treasurer Bill Descary explained the fee of $28 per registration identifies the time specified with the registration (single event). Mr. Paul Anderson, Andy Noise, indicated there was selective enforcement regarding the amplified music ordinance, mentioning the Marketplace was not shut down as he had been by the Police. He would like a permit and the selective enforcement to end. Staff answered questions from Committee members Couch, DeMond and Sullivan regarding lengths of time per registration, commercial vs. non-commercial amplified sound, differences in amplified sound downtown, in the downtown redevelopment area, and at the Marketplace, whether decibel levels could be monitored, sound carrying distance constraints, time constraints on registrations, restrictions for different zones, and whether more than one ordinance might be needed. The City Attorney was directed to review the concerns expressed and return to the committee with recommendations. Agenda Summary Report Legislative and Litigation Committee February 18, 1999 Page -3- B. REVIEW OF PETITION TO MODIFY BAKERSFIELD MUNICIPAL CODE, CHAPTER 10.40, REMOVAL OF VEHICLES, RELATING TO PARKING FOR BOATS, CAMPERS, ETC. Chairperson David Couch asked Mr. Allen West to explain his concerns over the existing ordinance and the reason for the petition. Mr. West felt a stricter ordinance would assist in eliminating a problem the neighborhood had with a neighbor who continually parked his recreational vehicle on the road. He felt this downgraded the value of his property and wanted the time allowed to be reduced. Police Lt. Alan Zachary indicated that statistics show the great majority of recreational vehicle owners comply with the restriction of parking no longer than 72 hours on a public street. Occasionally, an individual would not comply even after two warnings. The Police Department can have the vehicle towed, and impound and storage costs are then charged to the owner. Councilmember DeMond indicated she had difficulty in passing additional laws to make people act responsibility. Councilmember Sullivan indicated there needed to be a way to protect a neighborhood when there is a record of violations. City Attorney Bart Thiltgen explained the 72-hour limitation was reflective of state law and if the time frame were reduced, it would be hard to survive an equal protection challenge. The CC&Rs that neighborhoods create during the development stage are enforced by their homeowners associations and not the Bakersfield Police Department. After discussion, Chairperson Couch suggested a letter be written to the offending neighbor indicating the parking of his vehicle had been brought to the City's attention and them was concern. The City Attorney will draft the letter for the traffic lieutenant to sign and send out. The letter would be as generic as possible so that it could be reused in similar cases in the future. The address of the offending person was presented. The letter will be sent to the individual as well as a copy to the owner of the property on which the recreational vehicle is located. Mr. West was pleased the letter would be sent, and thanked the committee for its help. Agenda Summary Report Legislative and Litigation Committee February 18, 1999 Page -4- C. 1999 LEGISLATIVE PLATFORM The committee reviewed changes proposed in the draft 1999 Legislative Platform handout. Administrative Analyst Trudy Slater explained the 1998 Legislative Platform had been forwarded to the Mayor, Council and Department Heads asking them to identify current legislative concerns. Suggestions included: support legislation which fosters mutually acceptable methods for cities and counties and other public agencies to work together to solve issues of local concern; oppose legislation which increases the cost of or endangers the clean, reliable source of water available to the City from the Kern River; support legislation which consolidates special districts with overlapping jurisdictions and/or responsibilities where such consolidation is clearly of benefit to the City; and support legislation which enhances the City's ability to fund its capital infrastructure needs. Councilmember DeMond moved to adopt the proposed changes, with Councilmember Couch seconding the motion. Staff was directed to forward the proposed 1999 Legislative Platform to the City Council for approval. D, SET LEGISLATIVE AND LITIGATION CALENDAR The proposed 1999 calendar setting Legislative and Litigation Committee meetings on the third Thursday of each month at 1:30 p.m. was approved. Meetings are scheduled for March 18, April 15, May 20, June 17, July 15, August 19, September 16, October 21, November 18, and December 16. 7. ADJOURNMENT The meeting adjourned at 2:55 p.m. Staff Attendees: Administrative Analyst Trudy Slater; City Attorney Bart Thiltgen; Deputy City Attorney Virginia Gennaro; Police Captain Bill Rector; Police Lt. Alan Zachary; City Treasurer Bill Descary; Development Services Director Jack Hardisty Other Attendees: Allen West; Helen West; Paul Anderson; Tammy Brown; Richard Chang (P:~&L~.990218,MIN)