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HomeMy WebLinkAbout10/21/2013 City Council Members: Rhonda Smiley, Assistant to the City Manager Terry Maxwell, Chair Jacquie Sullivan Russell Johnson AGENDA SUMMARY REPORT Regular Meeting of the LEGISLATIVE AND LITIGATION COMMITTEE Monday, October 21, 2013 - 12:00 p.m. City Hall North 1600 Truxtun Avenue, Bakersfield CA 93301 First Floor, Conference Room A The meeting was called to order at 12:00 PM. 1. ROLL CALL Present: Councilmember Terry Maxwell, Chair Councilmember Jacquie Sullivan Councilmember Russell Johnson Staff Present: Alan Tandy, City Manager Virginia Gennaro, City Attorney Rhonda Smiley, Asst. to the City Manager Richard Iger, Associate City Attorney Chris Huot, Administrative Assistant Greg Williamson, Chief of Police Dianne Hoover, Recreation and Parks Joe Bianco, Police Captain Terry McCormick, Recreation and Parks Scott McDonald, Police Captain Sandra Jimenez, Finance Director Tessa Andrews, City Treasurer Others Present: Nina Purcell, Bakersfield Resident Jason Guthrie, Bakersfield Resident Chris Ornelas, Channel 23 News Mr. Simpson, Channel 17 News 2. ADOPT SEPTEMBER 23, 2013 AGENDA SUMMARY REPORT Adopted as submitted Legislative and Litigation Committee Meeting Monday, October 21, 2013 Agenda Summary Report Page 2 3. PUBLIC STATEMENTS None 4. NEW BUSINESS A. Discussion Regarding False Alarm Regulations – Williamson Police Chief Williamson presented the Committee a brief summary on the history of the alarm system regulation within the City. The results of a comprehensive review showed City practices were ineffective and out of date with industry standards, resulting in the development of a fee and penalty schedule. It provides an alarm user one free false alarm response within a 12 month period. A second response requires a user to pay $105 or attend alarm school to waive such fee. Each subsequent false alarm has a penalty enacted. An alarm user can also file an appeal. Committee member Johnson asked if the new program had changed the mindset of officers who have to respond to the large volume of false calls. He also inquired about several complaints he had received from alarm users who, after speaking with their alarm company to cancel the false alarm and dispatch of officers still received a citation. Chief Williamson stated most officers are anticipating a decrease in the volume of false calls. Associate Attorney Richard Iger stated the ordinance clearly states that either, the alarm company or the alarm user must call in the false alarm within five minutes of the occurrence. A disconnect and/or a lapse in time when the alarm company calls in the false alarm on behalf of the user may be a factor in such situations. Committee member Sullivan asked if users are assessed fees when police officers respond to such situations as previously described, and if alarm calls are considered a priority. Chief Williamson stated that the same fee and penalty schedule applies to those situations and that due to the high volume of false alarms, the priority level has been lowered and is no longer considered a priority one call. Committee Chair Maxwell asked if monitoring is being conducted and if there has been any improvement since implementation of the policy. Chief Williamson stated there is currently no data to utilize for a comparison. Previously, there was no way to identify alarm users who were not registered with the City. As a component of the new system, the alarm companies, when doing an installation, are to notify the new alarm user that they must acquire a permit from the City. Committee Chair Maxwell requested that an informational brochure be prepared by the City to educate users on the process and the requirements to obtain an alarm permit. The alarm companies can provide it to the users at the time of installation. Chair Maxwell also asked what information is provided by the alarm school. Legislative and Litigation Committee Meeting Monday, October 21, 2013 Agenda Summary Report Page 3 Captain Bianco stated that the user is provided a description of the ordinance requirements, including the definition of a false alarm, why they are caused, response issues, and why they are a drain to police resources. The class is offered online and is relatively brief. Committee member Sullivan asked if the alarm companies are required to obtain the permit prior to the alarm installation. Police Chief Williamson stated the alarm user is required to purchase the alarm permit prior to having the system installed. The alarm companies are required to inform the user of such permits. Committee member Johnson asked how much revenue had been received through Crywolf for the year. Assistant Finance Director Jimenez estimated the amount to be between $30,000 and $50,000. Chief Williamson stated his office would work with Crywolf to develop a brochure. B. Discussion Regarding Amplified Music and Events in Parks – Hoover Recreation and Parks Director Hoover stated there are a limited number of city parks which are authorized for amplified sound permits. Groups and organizations are required to meet with staff in advance to review all permits, insurance documents, loading equipment, duration, and location of various stages and booths, etc. to affirm all requirements are met. All events are scheduled to end at a reasonable time to not disturb neighboring residents as well. Complaints received are limited and are resolved promptly. A recent complaint regarding noise at Central Park at Mill Creek was for an event being held at the park for the first time. The noise was a result of the stage location set up and the closing time of the event. The typical stage set up for this park centralizes the location of the stage and faces it in the direction of the Art Museum or toward 19th Street away from 21st Street. For this event, the stage was facing 21st street, which unintentionally directed the sound toward the homes. Committee Chair Maxwell asked what other parks are permitted for amplified sound permits and what is the general end time allowed. Director Hoover stated that permits can be issued for all of the designated community parks: Beach Park, Central Park at Mill Creek, Dr. Martin Luther King Jr. Park, Patriots Park, Silver Creek Park, The Park at River Walk, and Yokuts Park. Ms. Hoover stated all City parks close at 10:00 p.m. and City ordinances restrict noise to sunset, or 9:00 p.m. Legislative and Litigation Committee Meeting Monday, October 21, 2013 Agenda Summary Report Page 4 Committee Chair Maxwell stated that since Central Park at Mill Creek is surrounded with several residential developments, more consideration needs to be delegated to the individuals residing near the area. He suggested limiting the number of events throughout the year and enforcing the current ordinances in the parks. 5. COMMITTEE COMMENTS Committee member Sullivan requested the City Attorney and the Chief of Police collaborate on correspondence to a gardening service company that was driving with an uncovered load, dropping debris all over the roadway. Committee Chair Maxwell asked the City Attorney to provide a report regarding the possibility of establishing a budget to fund special projects within their individual wards. 6. ADJOURNMENT The meeting adjourned at 12:58 PM cc: Honorable Mayor and City Council