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HomeMy WebLinkAbout05/11/1995 B A K E R S F I E L D Randy Rowles, Chair Irma Carson Galen Chow Staff: Trudy Slater AGENDA LEGISLATIVE AND LITIGATION COMMITTEE Thursday, May 11, 1995 4:00 p.m. City Manager's Conference Room 1501 Truxtun Avenue, Suite 201 Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF APRIL 13, 1995 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. GAS POWERED LEAF BLOWERS 6. NEW BUSINESS 7. ADJOURNMENT TS:jp FILE COPY K E R S F I E L D Alan ;r Randy Rowles, Chair Staff: Trudy Irma Carson Galen Chow AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMi'I-I'EE Thursday, April 13, 1995 4:00 p.m. City Manager's Conference Room 1. ROLL CALL Members present: Councilmember Randy Rowles, Chair; Councilmember Irma Carson; and Councilmember Galen Chow 2. APPROVAL OF MARCH 16, 1995 MINUTES Approved as submitted. 3. PRESENTATIONS None. 4. PUBLIC STATEMENTS None. 5. DEFERRED BUSINESS A. GAS POWERED LEAF BLOWERS Frank Fabbri and Trudy Slater briefed the Committee on previous research and findings on leaf blowers. It was indicated that two California cities have outlawed leaf blowers and some others have applied restrictions upon their use. Agenda Summary Report Legislative and Litigation Committee April 13, 1995 Page -2- Mr. Jack Rademacher suggested a ban on leaf blowing equipment in residential areas. Ms. Laura Denison felt there was a health concern over dust as well as noise, but favored voluntary change rather than government imposition. The Committee discussed enforcement of restrictions, the effects of restrictions upon gardeners in the city, alternative forms of equipment use (i.e., vacuums vs. blowers), incentives rather than force. City Attorney Judy Skousen indicated that restrictions on residential vs. commercial might be possible; a recent case would need to be reviewed. Staff were directed to get more information from cities up and down the Valley and report back to the Committee. B, COUNCIL RESIDENCY Committee members agreed to forward to Council a request for a Charter Amendment to be placed on the March 1996 ballot regarding Council residency. Language for the Charter Amendment will be the same as in the recent City ordinance. C. CARD ROOMS Lt. Bill Horton reviewed the three different options which were felt to be possible in the case of annexed card rooms. The options were to: (1) make no change to the existing City ordinance and require any annexed cardrooms to comply with the City's ordinance; (2) amend the City ordinance to mirror that of the County ordinance; and (3) amend the City ordinance to add a grandfathering clause which would allow a set period for annexed businesses to comply with City ordinance. After discussion, the Committee decided to forward to Council for decision the three options with a majority of the Committee feeling the third option should be recommended with the caveat of limiting the grandfathering clause option to one year. Legislative and Litigation Committee April 13, 1995 Page -3- 6. NEW BUSINESS A. DISCUSSION ONLY: NUISANCE AT CORNER OF 4TH AND "V" It was reported that the Police Department is in the process of preparing a report regarding the problems encountered at Fourth and "V" Streets and that a packet had been prepared for the Alcoholic Beverage Control. Calls for services have continued to be quite high. Several residents spoke against the activities of both the store and the neighboring apartment building, focusing on drugs in and outside the store and gambling near the apartments, as well as other criminal activities. Sharon Johnson indicated she had a petition with 149 signatures on it. It was mentioned that residents are afraid of retaliation from criminal element being pulled in by the store which is making the area unhealthy and unsafe. Schools would support the closing of the store as well. The Committee was supportive of the City working with the residents to get the problem solved. It was suggested that a framework or policy guideline be developed for working with this type of situation (i.e., nuisance abatement) so that it would not have to go through a Council committee and could be handled administratively wherever possible. 7. ADJOURNMENT The meeting adjourned at 6:50 p.m. Staff attendees: Acting City Manager John Stinson; City Attorney Judy Skousen; Assistant City Attorney Carl Hernandez; Parks Superintendent Frank Fabbri; Police Lt. Bill Horton; Administrative Analyst Trudy Slater Public attendees: Jack Rademacher, leaf blowers; Larry and Cornellia Owens, Carnation Tract Association, nuisance at the corner of 4th and "V"; Lynn Edwards, cardroom and 4th and "V"; Sharon Johnson, Carnation Tract Association, nuisance at the corner of 4th and "V" Street; Laura Denison, Project Clean Air, leaf blowers; Marc Benjamin, The Bakersfield Californian TS:jp