HomeMy WebLinkAbout11/14/2006 B A K E R S F I E L D
~-- ~'~ ~ '~- Zack Scrivner, Chair
Staff: John W. Stinson Sue Benham
For: Alan Tandy, City Manager David Couch
AGENDA SUMMARY REPORT
LEGISLATIVE AND LITIGATION COMMITTEE MEETING
Tuesday, November 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 1:00 p.m.
Present: Councilmembers Zack Scrivner, Chair; Sue Benham; and David Couch
2. ADOPT AUGUST 15, 2006 AGENDA SUMMARY REPORT
Adopted as submitted.
3. PUBLIC STATEMENTS
4. DEFERRED BUSINESS
A. Review and Committee recommendation on citizen's request for an
ordinance to regulate cats
Lt. Gary Moore provided a memorandum, which was included in the Committee
packet. With the current staffing levels for Animal Control to regulate and
license dogs, pick up loose dogs, and investigate dog bites, there is no staff to
adequately regulate cats. Licensing dogs is a health issue due to the need to
control the spread of rabies and dog licensing became the tool used by animal
control agencies. If the City were to hire one person to provide traps and pick
up cats, the County does not have the space to take more cats. Cats must be
kept for the State required four days. As there are other higher priority staff
needs such as canvassing for dog licensing compliance, Police Department staff
did not recommend any regulations for cats at this time as staff was not aware
of any cost-effective program to regulate cats.
LEGISLATIVE AND LITIGATION COMMITTEE Page 2
AGENDA SUMMARY REPORT
Tuesday, November 14, 2006
Assistant City Manager John Stinson had invited David Price from the County to
the Committee meeting, but he was out of the country. County staff indicated
they are not prepared to move forward to regulate cats.
Mike Polyniak spoke regarding the need to regulate cats and have animal
control respond to calls regarding trapping and picking up cats.
Committee Chair Zack Scrivner questioned why the City has regulations to
license dogs and nothing for cats.
Captain Tim Taylor explained cats are different from dogs as they are mobile,
can jump fences, and are regarded as "free spirits." Dog licensing regulations
have evolved from just rabies control to making sure the community is protected
from loose or dangerous dogs.
Committee Member Sue Benham expressed it is important to regulate dogs as
citizens need to be able to report dogs that are threatening people. Loose cats
generally do not pose the same threat as loose dogs. She further expressed
hiring an employee to pick up trapped cats should be evaluated with the need
for additional employees in areas such as Code Enforcement and Graffiti.
Committee Chair Zack Scrivner wanted to know how much staff and time it
would take to provide cages and allow people to trap cats.
Lt. Gary Moore responded one person could handle the paperwork to loan traps
at the beginning, but the demand would grow and resources needed elsewhere
would be expended. He further explained in very difficult situations, City animal
control has gone out and helped trap and round up cats. However, a larger
problem is that the Kern County Animal Shelter is at capacity with cats every
day. If traps were provided and trapped cats were brought to the Shelter, there
would be no place to house the cats as required by State law. Kern County
Animal Control staff has indicated they are not in favor of any cat trapping
program.
At the request of the Committee, City Manager Alan Tandy will have staff survey
other cities to see if there are any cost-effective models, which would pay for a
license canvassing program.
B. Update on Community Prosecutor Program
City Attorney Ginny Gennaro stated the Community Prosecutor Program has
been under way in-house for about six months and overall the City Attorney's
Office has been pleased with the program's success with handling the
prosecution of quality-of-life criminal cases.
LEGISLATIVE AND LITIGATION COMMITTEE Page 3
AGENDA SUMMARY REPORT
Tuesday, November 14, 2006
Assistant City Attorney Janice Scanlan provided statistical findings and an
overview of the process. Criminal complaints first go to the District Attorney's
Office who reviews and evaluates which cases are to be filed. Most cases are
disposed of because people plead guilty. Cases with a plea of not guilty are
sent back to the District Attorney's Office and those that occurred in the City and
fit the quality-of-life crimes criteria are sent to the Community Prosecutor's office
for review and prosecution. The City Attorney's Office enters the cases into a
data base, which shows the type of crime, location, defendant and disposition
sorted by ward. From mid-May to November 1st there were 315 cases reviewed
and handled, which included 400 separate counts.
Police Captain Tim Taylor stated they are pleased with the success of the
program and especially the number of guilty pleas to resisting arrest. Before the
Community Prosecutor Program many of the cases were not filed by the District
Attorney's Office due to their overload of cases. Captain Taylor expressed they
would like to see weapon charges (in possession or having concealed weapons)
added to the list of crimes handled by the Community Prosecutor Program.
City Attorney Ginny Gennaro explained she would prefer the Council have a role
in deciding where the Community Prosecutor Program begins and ends, and
what should be handled by the District Attorney's Office.
Committee Member David Couch made a motion to recommend to the City
Council to add weapon charges to the list of crimes and also to give the City
Attorney discretion to add other crimes that fit within the Community Prosecutor
Program. The Committee unanimously approved the motion.
C. Review and Committee recommendation on restaurant grading ordinance
City Attorney Ginny Gennaro explained there are two ways the City can adopt a
restaurant grading ordinance: 1) a section can be added to Chapter 8.04,
"Transfer of Health Functions," which adopts the County ordinance by reference;
or, 2) a stand-alone Chapter 8.05 could be added using the wording in the
County's ordinance verbatim.
The City Attorney recommended the first option since that method is the
cleanest and presents the least likelihood of conflict in the event the County
amends its ordinance.
Terry Maxwell, T. L. Maxwell's Restaurant & Bar, spoke in favor of the ordinance
and the difficulty for older restaurants to compete with new restaurants.
Committee Member David Couch made a motion to recommend to the Council
that the City add a section to Chapter 8.04, "Transfer of Health Functions,"
which would adopt the County's ordinance by reference. The Committee
unanimously approved the motion.
LEGISLATIVE AND LITIGATION COMMITTEE Page 4
AGENDA SUMMARY REPORT
Tuesday, November 14, 2006
City Manager Alan Tandy explained the City just received correspondence from
the County requesting the City adopt the restaurant grading ordinance and also
the tobacco ordinance. However, the correspondence was not received prior to
agenda distribution and the tobacco ordinance is not on the agenda.
City Attorney Ginny Gennaro suggested the County ordinance regarding
tobacco be referred to the Legislative and Litigation Committee as requested in
the letter.
5. COMITTEE COMMENTS
6. ADJOURNMENT
The meeting was adjourned at 2:02 p.m.
Staff: City Manager Alan Tandy; Assistant City Manager John W. Stinson; City Attorney
Ginny Gennaro; Assistant City Attorney Janice Scanlan; Associate Attorney Helena
Rho; Police Captain Tim Taylor; and Police Lt. Gary Moore
Others present: Kern County Environmental Health Services Director Matthew
Constantine; Mike Polyniak; Terry Maxwell, T. L. Maxwell's Restaurant & Bar; David
Burger, reporter, The Bakersfield Cafifomian; Dante Jackson, KGET-TV; Daphne
Phump, KUZZ News; Tamara Christian, CBS/Fox; and Jeff Lemucchi, CBS 29/Fox 58
cc: Honorable Mayor and City Council
S:\JOHN\Council Committees\06 Legislative&Litigation\LL 06 nov 14 summary.doc