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HomeMy WebLinkAbout05/16/2006 B A K E R S F I E L D ./~ ~ Zack Scrivner, Chair StUff: Alan~hn"ste~nsen Sue Benham For: Alan Tandy, City Manager David Couch AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, May 16, 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 1:03 p.m. Present: Councilmembers Zack Scrivner, Chair; Sue Benham; and David Couch 2. ADOPT APRIL 18, 2006 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS Mr. Hipolito R. Rocha spoke regarding the City's amplified sound ordinance. He has brought this issue to the Committee before, but continues to have problems with his neighbor's loud home stereo and vehicle amplified sound systems from the drive-in restaurant across the street. He requested changes to the City's ordinance including changing the distance within which noise is considered a nuisance and cost recovery for second response calls by the police. Captain Taylor explained there is an ordinance in place to recover costs for second responses; however, a notice must be issued with a follow-up call. Police Officers have responded to Mr. Rocha's calls in the past and will continue to work with him. As this was not on the agenda, Committee Chair Z. ack Scrivner referred the amplified sound ordinance to the City Attorney for review of what penalties could apply for the same noise offenders requiring repeated response calls by the police within a 30-day period and report back to the Committee. LEGISLATIVE AND LITIGATION COMMITTEE Page 2 AGENDA SUMMARY REPORT Tuesday, May 16, 2006 4. DEFERRED BUSINESS A. Discussion and Committee recommendation regarding amendments to Council Reimbursement Resolution/Policy The Council adopted a resolution on February 22, 2006, in order to comply with the new law (AB 1234). The Committee had recommended adoption by the Council and referral back to Committee for further refinement on the written policy for reimbursement of certain expenses. City Attorney Ginny Gennaro gave an overview on the changes requested by the Committee at its last meeting in April. Highlights of the changes were: · Subject to the submission of an expense report, the Mayor and City Councilmembers may be reimbursed in advance for actual and necessary expenses in connection with events listed in Exhibit "A." · For events not listed on Exhibit "A" the Mayor and Councilmembers must seek Council approval (prior to or subsequent to the event) before any expenses are reimbursed. · For all City of Bakersfield legislative members except the Mayor and City Council Exhibit "A" does not apply. Expenses shall be reimbursed at the discretion of the City Manager's Office and approved by the City Council at a public meeting, either in advance or subsequent to the event. The Committee reviewed the events listed in Exhibit "A." Committee Member David Couch asked the City Attorney to add the League of California Cities conference for newly elected officials (Mayors and Council Members Academy - Leadership Institute) to Exhibit "A." The Committee approved the change. Assistant City Manager Alan Christensen provided a list of reimbursable travel, events, and meals the Mayor incurs as part of his duties. The Committee reviewed the list of mayoral events. Committee Chair Zack Scrivner requested the City Attorney to add the events for the Mayor that were not already included on Exhibit "A." The Committee approved the change. Committee Member Sue Benham made a motion the Committee approve the changes presented by the City Attorney and Committee Members and forward the resolution to the City Council. The Committee unanimously approved the motion. B. Discussion and Committee recommendation on amending the ordinance regarding parking of vehicles in alleys In response to the complaint regarding parking in the alleys on Cypress Street, Police Captain Tim Taylor reported they have surveyed the residents on LEGISLATIVE AND LITIGATION COMMITTEE Page 3 AGENDA SUMMARY REPORT Tuesday, May 16, 2006 Cypress and Beech Streets that share the common alley. With only a couple of exceptions, the residents indicated they have not had problems with parked vehicles blocking the alley. The west side of the alley is already posted "No Parking." The Police Department will continue to monitor this section of alley and tow away vehicles if they block vehicle access to garages or the alley. Ralph Huey, Director, Fire Prevention Services, reported staff has gone out and checked the alley. This morning there were two vehicles parked in the alley; however, there was enough room for a fire truck to have gotten through. City Attorney Ginny Gennaro stated Mr. Brian. Holle's request was for the City to amend the current ordinance to prohibit parking in alleys, as some other cities have done. However, if the City's ordinance is changed to prohibit alley parking, in order to enforce the ordinance and have a citation stand up in court, the alleys in the City must be posted "No Parking." The Committee requested the City Attorney to write a letter to Mr. Holle to let him know the Committee has reviewed his request and the Police Department will continue to monitor the alley. The Committee voted unanimously to take no further action on this item. (Committee Member Benham absent.) C. Discussion and Committee recommendation regarding giving away or selling animals in front of businesses Police Captain Tim Taylor explained at the last meeting the Committee reviewed the County's ordinance and the request from the County for the City to change its ordinance to prohibit giving away or selling animals in front of businesses. The Committee requested staff to check with the County on how many calls they have received and how their ordinance is working. Lt. Gary Moore checked with Kern County Animal Control and to their recollection no one has ever been arrested or cited for this violation. If the City were to receive a call from a business with a complaint regarding persons giving away or selling animals in front of their business and refusing to leave, the Police could enforce the City's trespassing ordinance to handle the complaint. The Committee voted unanimously to take no further action on this item. (Committee Member Benham absent.) D. Review and Committee recommendation on City Annexation Policy Assistant City Manager Alan Christensen explained staff referred this item in an effort to streamline the current policy to take out duplicate processes that are now (by law) conducted by LAFCO. Annexations are taking far too long for people waiting to be in the City and receive City services. LEGISLATIVE AND LITIGATION COMMITTEE Page4 AGENDA SUMMARY REPORT Tuesday, May 16, 2006 City Manager Alan Tandy stated when the law was changed and LAFCO was made the lead agency for annexations, LAFCO imposed a series of policies, which have slowed the annexation process down considerably. There are 90+ people (uninhabited land) who are hoping to get their properties annexed and cannot get processed fast enough. The City is working contrary to their interest with the current City policy, which slows the process down even further for people who want to come into the City. Barbara Fowler gave an overview of the changes being proposed in the document submitted by her, Becky Kaiser and Barbara Fields, which was included in the Committee packet. The document includes changes to the City's annexation policy documents, which they would like the Committee to review and recommend. Becky Kaiser and Barbara Fields also spoke regarding the changes they are proposing. Committee Member David Couch explained there have been two inhabited annexations under the City's current policy. Public meetings were held. The current policy processes worked well and the changes being proposed were all accomplished during those annexations. Assistant City Manager Alan Christensen commented that the City is only pursuing annexations where people are interested and the annexation is being driven by the residents. Some of the changes being suggested are acceptable to staff. However, the changes to the timelines and record keeping are counter to what staff is trying to accomplish. Barbara Fowler stated the proposed changes are in rough-draft form and not their final proposal. Committee Member David Couch made a motion to continue this item to the next meeting. The Committee unanimously approved the motion. (Committee Member Benham absent.) The Committee requested staff to provide a copy of the current policy documents, the changes staff is recommending, and asked Barbara Fowler if · she would provide a final copy of their requested changes 10 days prior to the next meeting so the Committee Members have time to review and compare the proposed policy changes before the Committee meeting. (Committee Member Benham absent.) 5. NEW BUSINESS None. LEGISLATIVE AND LITIGATION COMMITTEE Page 5 AGENDA SUMMARY REPORT Tuesday, May 16, 2006 6. COMITTEE COMMENTS None. 7. ADJOURNMENT The meeting was adjourned at 2:10 p.m. Staff: City Manager Alan Tandy; Assistant City Manager Alan Christensen; City Attorney Ginny Gennaro; Police Captain Tim Taylor; Development Services Director Stan Grady; Public Works Director Raul Rojas; Assistant City Clerk Roberta Gafford; Director Fire Prevention Services Ralph Huey; and Public Works Traffic Engineer Steve Walker Others present: Hipolito R. Rocha; Barbara Fowler; Becky Kaiser; and Barbara J. Fields cc: Honorable Mayor and City Council S:V~C\06 Legislative&Litigation\LL 06 may 16 summary,doc