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HomeMy WebLinkAbout03/14/2005 B A K E R S F I E L D · / Zack Scrivner, Chair Staff: hristensen Sue Benham For: Alan Tandy, City Manager David Couch AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Monday, March 14, 2005 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 1:05 p.m. Present: Councilmembers Zack Scrivner, Chair; Sue Benham; David Couch 2. ADOPTION OF FEBRUARY 16, 2005 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS 4. NEW BUSINESS A. Report and Committee recommendation regarding Penalties for Littering, Graffiti and Illegal Dumping City Attorney Ginny Gennaro explained, in general, City Council may enact laws not in conflict with State law; however, where a state law has criminalized certain conduct, such regulation preempts lower level jurisdiction, including the penalty. Under State law, the fine for applying graffiti is dependent on the cost of the damage. For example: · If the amount of the defacement is $400 or above, the penalty is one year in jail or fine up to $10,000, or both. If the defendant is a minor, the court can order the fine paid by the parent. · If the damage is less that $400, the penalty is up to one year in jail or a fine of $1,000, or both. LEGISLATIVE AND LITIGATION COMMITTEE AGENDA SUMMARY REPORT Monday, March 14, 2005 Page 2 For purposes of graffiti, in addition to criminal prosecution, State law allows a city to adopt an ordinance to enact civil remedies. The City has a strong graffiti ordinance in place, which accomplishes two very important items: 1) It declares the Council finds graffiti to be a nuisance. This allows the City to take advantage of the abatement process; and 2) It allows the City Attorney's Office to seek civil restitution from the parents or legal guardians of minors who are convicted or confess to applying graffiti. While this procedure has been dormant, the City Attorney's Office is now actively working with the Police Department and has re-activated the program. The City Attorney's Office will be reporting later in the year as to how the program is doing and how much has been collected from restitution money. The other part of the referral was stronger penalties for littering and illegal dumping. There are several areas in the Code prohibiting littering and illegal dumping. Again, with regarding to crimes of littering and illegal dumping, State law sets the fines and punishments. The City treats littering and illegal dumping civilly more as an abatement process. The City is very limited by State law when it comes to establishing higher fines for misdemeanors or infractions, but the City has a broad array of tools to use when concentrating on civil remedies. This is where the concept of a community prosecution team comes in. A community prosecution team could work on other areas, such as, can the City confiscate vehicles involved in illegal dumping. There could be challenges to these types of prosecutions. The City of Oakland has an ordinance if you use a vehicle in furtherance of committing a crime of prostitution, the vehicle can be impounded. The City of Oakland had several legal challenges that were fought in court and were ultimately successful. Committee Member Benham requested the City Attorney prepare a report to Council with more detailed information on how a community prosecution position would help the City more effectively enforce graffiti ordinances. Committee Member Couch requested information included in the report on how a community prosecution position would help the City enforce littering and illegal dumping ordinances. Committee Chair Scrivner requested information be provided on the estimated costs for prosecutions in comparison to how much would be collected by restitution and fines. City Attorney Ginny Gennaro explained for these types of unique issues, it would not be just one prosecutor but would involve the concept of a community prosecution team. Many of these offences do not get prosecuted because the District Attorney's Office with their load of cases sets a higher priority for crimes against people than crimes against property. LEGISLATIVE AND LITIGATION COMMITTEE AGENDA SUMMARY REPORT Monday, March 14, 2005 Page 3 As the City's graffiti ordinances are very strong, the City Attorney recommended starting with Councilmember Benham's request for a report to Council on the feasibility of a community prosecution team. Committee Members Benham and Couch requested a very strong report with a Committee recommendation for implementation of prosecutions for graffiti crimes in addition to the concept of a community prosecution team. City Attorney Ginny Gennaro explained criminal prosecutions for graffiti are already being handled by the District Attorney's Office, but recommended both criminal prosecutions and civil prosecutions to collect restitution. Committee Member Couch made a motion the City Attorney prepare a report to Council that recommends both civil and criminal prosecutions for graffiti crimes and include the cost and feasibility of a community prosecution team, which would also include prosecutions and penalties for other crimes such as littering and illegal dumping. The Committee unanimously approved the motion. B. Review and Committee recommendation on Combining the Historic Preservation Commission with another Existing Committee Assistant City Manager Alan Christensen gave an overview of the memorandum in the packet outlining the challenges in trying to fill appointments to the Historic Preservation Commission (HPC). Of the nine appointments authorized by ordinance, five positions remain open. Meetings have often been cancelled due to the lack of a quorum or agenda items. Currently the Commission, according to the ordinance, consists of nine members appointed by Council from the community to serve four-year terms. Members must be residents of Bakersfield, but not a specific ward. Terms are expiring on March 30, 2005, which will leave four members serving. The referral requested the possibility of the HPC duties being combined with another committee due to the difficulty in finding people to serve. Either the Board of Zoning Adjustment or the Planning Commission could be used with staff from the Economic/Community Development Department continuing to provide the staff work. Scott Fieber, Chairman of the Historic Preservation Commission, expressed he thought the Commission could be successful with a few changes to the ordinance. He suggested the ordinance be changed to hold meetings as needed. Normally, items are put on the agenda when requests are received from the community for historical designations. The Commission could be downsized to four or five members so a quorum could be achieved with three members. The members currently on the Commission are very interest in historic preservation. The HPC does a great deal of outreach to the community by providing tours and are now working on the inventory of historic structures to provide information to individuals in the community for research projects. LEGISLATIVE AND LITIGATION COMMITTEE AGENDA SUMMARY REPORT Monday, March 14, 2005 Page 4 Staff expressed the goals and activities of the HPC are important and recommended the work be continued by some committee or commission. Committee Chair Scrivner spoke regarding the value of having citizens serve on the Historic Preservation Commission. After hearing the report on the tours and services being provided to the community, the Committee all agreed. Committee Member Couch made a motion to amend the ordinance to downsize the Historical Preservation Commission to five members, so three would constitute a quorum; allow meetings to be held as needed; and change the wording regarding an annual report to "may" produce a report instead of "must." The Committee unanimously approved the motion and forwarding a report with amended ordinance to Council. The Committee requested the City Attorney to go through the ordinance with Economic Community Development staff to update any obsolete language; make the above requested changes; and include a process for Council appointments to the Historical Preservation Commission. 5. COMMITTEE COMMENTS 6. ADJOURNMENT The meeting was adjourned at 1:45 p.m. Staff present: City Manager Alan Tandy; Assistant City Manager Alan Christensen; City Attorney Ginny Gennaro; Assistant City Clerk Roberta Gafford; Community Development Coordinator George Gonzales; and Economic Development Associate Donna Barnes Others Present: Scott Fieber, Chairman, Historic Preservation Commission cc: Honorable Mayor and City Council S:'~AC\05 Legislative&Litigation\05mar14summary.doc