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Home My WebLink About05/19/2009C � Rhon a Smiley, Assistant to the City Manager / P.I.O. For: Alan Tandy, City Manager AGENDA SUMMARY REPORT Sue Benham, Chair David Couch Jacquie Sullivan Regular Meeting of the LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, May 19, 2009 - 12:00 p.m. City Hall North First Floor - Conference Room A 1600 Truxtun Avenue, Bakersfield, CA 93301 The meeting was called to order at 12:16:50PM. ROLL CALL Present: Councilmember Sue Benham; Chair Councilmember David Couch Councilmember Jacquie Sullivan Staff present: Alan Tandy, City Manager Rhonda Smiley, Asst. to the City Manager Christine Im, Associate Attorney Dianne Hoover, Recreation & Parks Director Ryan Starbuck, Traffic Engineer Tammy Davis, Animal Control Supervisor Others present: Gretchen Wenner, Bakersfield Californian Ginny Gennaro, City Attorney Steven Teglia, Administrative Analyst Justin Crumley, Associate Attorney Nelson Smith, Finance Director Scott McDonald, Police Lieutenant David Carrizosa, Fresh Cut Flowers 2. ADOPT OCTOBER 21, 2008 AGENDA SUMMARY REPORT Adopted as submitted. 0 /111-; B A K E R S F I E L D C � Rhon a Smiley, Assistant to the City Manager / P.I.O. For: Alan Tandy, City Manager AGENDA SUMMARY REPORT Sue Benham, Chair David Couch Jacquie Sullivan Regular Meeting of the LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, May 19, 2009 - 12:00 p.m. City Hall North First Floor - Conference Room A 1600 Truxtun Avenue, Bakersfield, CA 93301 The meeting was called to order at 12:16:50PM. ROLL CALL Present: Councilmember Sue Benham; Chair Councilmember David Couch Councilmember Jacquie Sullivan Staff present: Alan Tandy, City Manager Rhonda Smiley, Asst. to the City Manager Christine Im, Associate Attorney Dianne Hoover, Recreation & Parks Director Ryan Starbuck, Traffic Engineer Tammy Davis, Animal Control Supervisor Others present: Gretchen Wenner, Bakersfield Californian Ginny Gennaro, City Attorney Steven Teglia, Administrative Analyst Justin Crumley, Associate Attorney Nelson Smith, Finance Director Scott McDonald, Police Lieutenant David Carrizosa, Fresh Cut Flowers 2. ADOPT OCTOBER 21, 2008 AGENDA SUMMARY REPORT Adopted as submitted. AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Tuesday, May 19, 2009 Page 2 of 4 4. NEW BUSINESS a. Discussion and Committee Recommendation for Adoption of the 2009 Committee Meeting Schedule - Smiley Committee members adopted the schedule as submitted. b. Discussion Regarding Restricted Parking on Radcliffe Avenue - Gennaro / Williamson City Attorney Ginny Gennaro provided a brief background of the referral from Councilmember Ken Weir regarding Bakersfield College students parking on residential streets instead of designated parking areas within the college. In 1999, Council passed a resolution which provided permanent or preferential resident parking on Princeton Avenue and the 1400 block of Panorama Drive. Committee member David Couch asked how many streets would the revised resolution add and if restricted parking area could be broadened. City Attorney Gennaro replied that the parking is permanent parking on Princeton Ave, from 1300 to 1419 and also on 1421 Panorama Drive. Each resident in that area is allowed three free parking permits which can be procured at the Police Department. Permits are required in those restricted areas. The amendment will simply add Radcliffe to the existing resolution. Committee member Couch made a motion to move the issue forward to the full Council with the understanding that City Attorney Gennaro will contact Councilmember Weir to see if additional streets in the area need to be added. The motion was approved by all members. c. Discussion regarding the Requirement for Activity Use Permits for Sports Activities in City Parks - Gennaro / Hoover City Attorney Ginny Gennaro stated that based on a referral from Committee chair Sue Benham, staff is requesting permission to change the municipal code in two particular areas. First, Recreation and Parks is requesting to change the ordinance so that a special use permit can be obtained one year in advance instead of six months in advance. Secondly, staff is requesting a section be added to the code which requires a conditional use permit in order to assemble or participate in an organized practice, scrimmage or game in neighborhood parks. Currently, the neighborhood parks are not equipped to handle the wear and tear, traffic, and parking issues associated with these events. In addition to those issues the neighborhood parks do not have restroom facilities. Ms. Gennaro concluded that staff is requesting some type of mechanism in the codes that will assist the Police department when responding to residential complaints. Committee chair Sue Benham asked how would staff respond to requests from a team coach who requires the use of a park for regular practices or events. Recreation and Parks Director Dianne Hoover responded that staff would get more specific information about the event and participants and then determine the applicable fees, insurance 5 AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Tuesday, May 19, 2009 Page 3 of 4 and permits required. Ms. Hoover added that depending on the number of participants and spectators, a portable restroom facility may be required. Police Chief Bill Rector stated that having contact information on the organization responsible would help determine if they are in compliance should the police receive any complaints. Committee member David Couch asked what is the penalty for repeated infractions. Ms. Gennaro advised that a citation would be issued to the adult at the event and then the community prosecution program would handle the citation. At that point, it is up to the discretion of the court at the time the infraction goes to trial. Committee members motioned and approved to move forward with staff's recommendations. d. Discussion regarding Flower Sales / Street Vendor Regulations - Tandy / Gennaro City Attorney Ginny Gennaro gave a brief overview of Councilmember Sullivan's request for staff to review the current ordinance regarding unauthorized street vendors. In particular, Councilmember Sullivan asked the legal department to look at a recently enacted Santa Maria ordinance on flower vendors. Staff prepared a short synopsis of that ordinance which allows flower vendors to obtain a temporary use permit for a maximum of 72 consecutive hours, once every calendar quarter, to sell flowers in the public. Ms. Gennaro stated that the City's current ordinance is more ideal because it regulates, through business licenses and transient occupancy permits, who can sell flowers with the City. However, the issue is having enough manpower to enforce the ordinance, not the ordinance itself. City Manager Alan Tandy commented that there are severe constraints on overtime and most of these violations occur during holidays or after hours. Police Chief Bill Rector added that his department has five Level I Police Reserves who have gone through the basic police academy, but have not been hired onto a police agency. They are a value because once they are commissioned to be reserves they will be available for various operations, including patrolling for vendor violations. DEFERRED BUSINESS a. Update regarding Animal Control Issues: Pilot Program to Increase Dog Licensing - Teglia In June 2008, the Committee and subsequently the City Council, directed staff tc implement a pilot program to increase enforcement of existing dog licensing and vaccination laws within the City. Administrative Analyst Steven Teglia reported that the program ran from September 1, 2008 to December 31, 2008. Included in the program were one temporary employee and one permanent Animal Control Officer. Both positions worked 40 hours per week during this effort. Each officer randomly selected streets from 25 beats within the City to ensure that no specific area was targeted. Utilizing a program that provides current licensing information, staff visited homes not listed and ascertained whether visibly or audibly, if a dog was present at AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Tuesday, May 19, 2009 Page 4 of 4 the home. Of those found, staff would try to contact the owner and leave behind information detailing the City's dog licensing ordinance, low cost spay and neuter programs, voucher programs and a notice to comply. After a six week period, a new list was compiled for staff to return to the locations of non - compliance and issue citations requiring owners to provide proof of a dog license within eight weeks. During the canvassing effort, numerous other violations were found, including animal cruelty, tethering violations, loose dogs and other animal control issues. Staff worked a total of 71 days throughout the program, visited 2,437 homes, gave 417 notices to comply and issued 173 citations. Mr. Teglia also noted that the total income combined for both the license and vaccination increases compared to the totaled cost of the program, is roughly a net increase of $14,836 during the four month period. Given this conclusion, staff recommends utilizing the program in the future, taking into consideration budgetary and staffing availability. Mr. Teglia concluded that throughout the four month period the stepped up level of enforcement does have an impact and does generate additional compliance. Committee member David Couch asked if statistics can be provided showing which areas have the most number of notices to comply and citations. Mr. Teglia responded that the information can be obtained. City Manager Alan Tandy stated that staff will come back to Committee periodically and report the progress. 6. CLOSED SESSION None 7. COMMITTEE COMMENTS None 8. ADJOURNMENT The meeting adjourned at 2:00:05 PM. cc: Honorable Mayor and City Council