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HomeMy WebLinkAbout12/15/2003 B A K E R S F I E L D Alan T anager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Monday, December 15, 2003 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:05 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David Couch Councilmember Jacquie Sullivan 2. ADOPT NOVEMBER 17, 2003 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None. 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO UNDERAGE DRINKING "KEG PARTIES" Police Captain Bryan Lynn discussed the City of Chico Hills' procedures for underage drinking parties. He felt the City of Bakersfield could recover costs incurred in connection with underage drinking at 60% or higher (similar to DUI cost recovery). When asked if the City could devote the necessary Police resources, Captain Lynn indicated a change would eliminate the need for a third call for the same disturbance. Upon the second Police response, the party would be over and people would be placed under arrest, or charged for cost recovery of police services, if they had not complied. Agenda Summary Report Legislative and Litigation Committee December 15, 2003 Page 2 Captain Lynn reiterated that if Police Officers see someone who is obviously intoxicated and getting behind the wheel of a vehicle, they are going to stop them. On holiday weekends the Police Department bumps up the number of officers that are working but does not and cannot specifically target juvenile drivers at DUI checkpoints. City Attorney Ginny Gennaro indicated the City of Bakersfield has an ordinance which gives us the ability to proceed with cost recovery for services. City Manager Alan Tandy indicated that it would not be unrealistic to expect negative reactions from residents to any attempts to recover costs incurred for Police responses to party disturbances. Mr. William Solko indicated he appreciated the Committee's and Captain Lynn's efforts on his concerns over this issue. He feels that proposed changes would not be effective regarding keeping the kids from getting behind the wheel of their cars and leaving. It has become a practice in the community which he cannot accept. Committee Chair Sue Benham indicated the City could not resolve the issue alone and encouraged Mr. Solko to work with Mothers Against Drunk Drivers and/or other community groups or service organizations to bring attention and resolution to this problem. City Attorney Gennaro indicated she would like to review Chico's ordinance more closely for possible application within Bakersfield. Chairperson Benham indicated-the Committee would look forward to a report in January at which time the Committee could make a recommendation. The City Attorney was asked to review the Chico ordinance. B, REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING THE EXCESSIVE VEHICLE NOISE ORDINANCE Captain Lynn stated that in the Stockton and Las Vegas noise ordinances if vehicle noise is heard over 25 feet from the vehicle, then you are subject to citation. In Bakersfield's ordinance, if the noise from the vehicle can be heard over 50 feet away, you are subject to citation. He does not feel that changing the ordinance will solve 'the problem. Disturbances of this kind are a Iow priority at any distance. The problem rests in what is reasonable and what is not reasonable and in having the staffing to enforce it. From an enforcement issue, changing the ordinance would not be helpful to the Police Department nor be a proper remedy. After further discussion, the Committee directed staff to attempt to ascertain the name of the individual for whom the referral had been submitted and to write him/her explaining the Committee's findings. Agenda Summary Report Legislative and Litigation Committee December 15, 2003 Page 3 5. NEW BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO CITY'S SPECIAL EVENT NOTIFICATION PROCEDURES Administrative Analyst Trudy Slater identified concerns of Mr. Art Carlock relating to the City's existing Special Event Notification ordinance. She explained that three of the four concerns identified did not require an ordinance change. The fourth concern, relating to time constraints for submitting an application (currently limited to 90 days) would need an ordinance change. Staff felt it was appropriate to extend the time for submitting a Special Event Application to one year. Community representatives spoke in opposition to street closures as well as in support. Chairperson Sue Benham felt, although the issue before the Committee was limited specifically to the special event notification ordinance and not related to any specific event application, comments from the public were important for the Committee to hear. Ms. Cathy Butler provided staff with a list of downtown businesses supportive of Mr. Carlock's car event. After discussion, the Committee concurred with staff recommendation to amend the City's existing ordinance to extend the time frame for special event application to one year. Staff was directed to place the proposed ordinance amendment on the Council agenda for action. B. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING MOTOR HOMES PARKED ON PUBLIC STREETS Captain Lynn explained that there was often a delayed response to complaints about motor homes and other vehicles parked on the streets. It is a vehicle code violation rather than a municipal code section that indicates the vehicle must be removed within 72 hours. After considerable discussion about the types of vehicles, legitimate needs to park on streets, possible exceptions, numbers of vehicles parking on city streets, the complaint driven process, the need for owners of vehicles to be good neighbors, safety issues, and a prior history of sensitivity on this issue, City Attorney Gennaro indicated she would bring back samples from other cities for comparative purposes and review at the Committee's January meeting. C. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO COMMITTEE MEETING CALENDAR FOR 2004 Chairperson Benham asked the Committee if there were any concerns about the dates proposed in the meeting schedule. Having none, the motion was made and accepted to adopt the proposed meeting schedule for 2004. The schedule for 2004 is as follows: Agenda Summary Report Legislative and Litigation Committee December 15, 2003 Page 4 January 12, February 23, March 22, April 19, May 24, June 21, July 12, August 23, September 20, October 18, November 15, and December 13. 6. COMMI'r'rEE COMMENTS None. 7. ADJOURNMENT The meeting adjourned at 2:30 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater; City Attorney Ginny Gennaro; Police Captain Bryan Lynn; City Clerk Pam McCarthy. Other Attendees: William Solko, Art Carlock, Yolanda Avalos, Cathy Butler, Dale Simpson, Koral Hancharick