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Home My WebLink About07/18/2006 B A K E R S F I E L D ~' ~ Zack Scrivner, Chair Staff: Alan Christensen Sue Benham For: Alan Tandy, City Manager David Couch AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, July 18, 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; and David Couch Councilmember Sue Benham arrived at 1:20 p.m. 2. ADOPT JUNE 20, 2006 AGENDA SUMMARY REPORT Adopted as submitted. 3, PUBLIC STATEMENTS 4. NEW BUSINESS A. Committee recommendation on City voting delegate and alternate to the League of California Cities Annual Conference Assistant City Manager Alan Christensen explained the League's Annual Conference is scheduled for September 6-8 in San Diego. On Saturday, September 9th, at its Business Meeting the'League membership will consider and vote on resolutions that establish League policy. Every year the City Council by resolution designates a voting delegate and an alternate. Committee Member David Couch volunteered to be the delegate and made a motion the Committee forward a recommendation to the Council to designate him (Councilmember David Couch) as the delegate and City Manager Alan Tandy as the alternate delegate. The Committee unanimously approved the motion (Committee Member Sue Benham absent). LEGISLATIVE AND LITIGATION COMMITTEE Page 2 AGENDA SUMMARY REPORT Tuesday, July 18, 2006 B. Review and Committee recommendation on cost recovery for Noise Complaints/Cool Parents Ordinance City Attorney Ginny Gennaro reported on a survey of other cities, requested by the Committee, to compare Bakersfield's ordinances covering responses to loud and unruly events that allow for cost recovery with other cities' ordinances. The comparison survey showed Bakersfield's ordinances and cost recovery program are very good. The survey did show one improvement that could be made. The City's ordinance covering loud and unruly events (noise complaints) imposes cost recovery if the Police Department must respond twice within a 12-h0ur period. The City Attorney recommended changing this section by adding "or two (or four) times within a 30-day period." The Committee was in agreement with adding the wording "or twice within a 30-day period." Police Captain Tim Taylor was in agreement with giving the Police the extra tool by adding "or twice within a 30-day period" to the ordinance. In response to a question, the City Attorney explained in order to charge more than actual cost recovery, it would be necessary to go through the Administrative Hearing Process, but the City must provide an appeals process. Even then there is a maximum of $1,500. The police would cite as an infraction or misdemeanor and let the courts handle it using the City's prosecution program to try to get the maximum under State law. Mrs. Nancy Chaffin spoke regarding the County's "Cool Parents Ordinance" and wanted to ensure the City's ordinance provides that parents are cited the first time Police go out on a noise complaint if there is under-aged drinking. Captain Tim Taylor responded if the Police go out on a noise complaint and observe under-aged drinking, under current law the Police can immediately charge the under-aged youths and take them into custody or release them to their parents, and cite those providing liquor to under-aged youths if it is apparent. The Fourth Amendment must still be followed, as you cannot search a house without a warrant. Only the civil noise complaint would require a second response before action is taken. Dianne Hardisty, The Bakersfield Californian, spoke regarding parents leaving town and their children having a drinking party in the home being included as an offense under the Cool Parents Ordinance. LEGISLATIVE AND LITIGATION COMMITTEE Page 3 AGENDA SUMMARY REPORT Tuesday, July 18, 2006 Police Captain Tim Taylor responded parents can be cited and fined, but it is difficult to prove the parents had knowledge of the drinking. Committee Member Sue Benham made a motion for staff to prepare a "Cool Parents Ordinance" similar to the County's ordinance, but add if there is under-aged drinking there is a citation the first time the Police are called, not a warning; and change the wording on the ordinance covering noise complaints to add "or twice in a 30-day period." The Committee unanimously approved the motion. City Attorney Ginny Gennaro will make the changes to the ordinances on loud and unruly events (noise complaints); and prepare a "Cool Parents Ordinance" and bring it back to the Committee. 5. DEFERRED BUSINESS A. Review and Committee recommendation on City Annexation Policy (This item heard after New Business, Item A) Assistant City Manager Alan Christensen reported at its last meeting the Committee requested staff to survey other cities in California and Kern County to find out if any cities other than Bakersfield have a written pre-annexation policy. City Clerk Pam McCarthy reported on the results received from other cities. None of the responding cities have.a formal written policy. Cities in Kern County answering the survey all responded they only follow LAFCO regulations (State law). It was noted very few cities responded to the survey. However, it is typical of City Clerk's, as they are very busy, to only respond to surveys if there is information to provide regarding the survey questions. Assistant City Manager Alan Christensen reported on staff's recommendation. After completing a couple of inhabited annexations, the only complaints received were that the process took too long. A strikeout- redlined version of the annexation resolution and mission statement was included in the Committee packet, which showed staff's proposed changes. City Attorney Ginny Gennaro stated the City Attorney's Office has not changed its legal opinion (different from staff's recommendation), which is for the City to keep the Mission Statement, repeal the entire resolution, and follow State law. This opinion is to protect the City from litigation. State law has made it very clear the State intends to occupy this area in order that annexations are handled the same Statewide. LAFCO is now the lead agency, and the City's Annexation Mission Statement covers the manner in which the City is to conduct the pre-annexation process. LEGISLATIVE AND LITIGATION COMMITTEE Page 4 AGENDA SUMMARY REPORT Tuesday, July 18, 2006 Becky Kaiser asked if anyone had spoken with Bill Turpin, LAFCO, regarding his opinion of cities' having a pre-annexation policy. Assistant City Manager Alan Christensen responded it was his understanding from the last meeting that if a survey were done of'other cities and the results were that none of the cities have a written policy, that was sufficient. Barbara Fields spoke in support of having a written pre-annexation policy. Committee Member David Couch explained the reasons for the review of the City's policy are 1) State law has changed; and 2) there were complaints from recent inhabited annexations that the process took too Iong~ Becky Kaiser spoke is support of having a written pre-annexation policy. Barbara Fowler spoke regarding the importance of contacting Mr. Turpin regarding his opinion and in support of having a written pre-annexation policy. The Committee agreed for staff to contact Mr. Turpin or Mr. Schroeter from LAFCO to see if there is a LAFCO opinion on cities' having or not having a written pre-LAFCO process. 6. COMITTEE COMMENTS : 7. ADJOURNMENT The meeting was adjourned at 2:35 p.m. Staff: Assistant City Manager Alan Christensen; City Attorney Ginny Gennaro; Police Captain Tim Taylor; and City Clerk Pam McCarthy Others present: Fred Hupp; Barbara J. Fields; Barbara Fowler; Becky Kaiser; David Burger, reporter, The Bakersfield Californian; Dianne Hardisty, The Bakersfield Californian; Nancy Chaffin; Hipolito R. Rocha; and camera crews from KBAK-TV and KGET-TV cc: Honorable Mayor and City Council S:~AC\06 Legislative&Litigation\LL 06 jul 18 summary.doc