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HomeMy WebLinkAbout08/24/2015� BAKERSFIELD /�/ St�vPiTe���;a� Committee Members Staff: Steve Teglia Assistant City Manager Councilmember, Terry Max� Councilmember, Jacquie S Councilmember, Chris Parli� SPECIAL MEETING OF THE LEGISLATIVE AND LITIGATION COMMITTEE Monday, August 24, 2015 2:00 p.m. City Hall North - Conference Room A 1600 Truxtun Avenue, Bakersfield, CA 93301 The meeting was called to order at 2:07 p.m. 1. ROLL CALL Committee members: Councilmember, Terry Maxwell, Chair Councilmember, Jacquie Sullivan Councilmember, Chris Parlier City Staff: Alan Tandy, City Manager Steve Teglia and Chris Huot, Assistant City Managers Christopher Gerry, Administrative Analyst - City Manager's Office Caleb Blaschke, Management Assistant - City Manager's Office Virginia Gennaro, City Attorney Josh Rudnick and Richard Iger, Deputy City Attorneys Greg Williamson, Chief of Police Lieutenant Rene Chow, Bakersfield Police Department Doug Greener, Fire Chief Ross Kelly and Tyler Hartley, Deputy Fire Chiefs Captain Vic Mabry, Bakersfield Fire Department Sandra Jimenez, Assistant Finance Director Tessa Andrews, Treasurer Additional Attendees: 2. ADOPT JUNE 22, 2015 AGENDA SUMMARY REPORT The Report was adopted as submitted. 3. PUBLIC STATEMENTS Phil Rudnick, who operates the Airport Valet Express bus, informed the Comr program called the Golden Ticket that will entitle the bearer to one yec service to and from Los Angeles International Airport. 4. NEW BUSINESS A. Discussion regarding the Sale of Legal Fireworks Assistant City Manager Teglia reported that Vice Mayor Hanson refer to Committee in order to discuss potential changes to the curre fireworks enforcement and efforts. Mr. Teglia added that Dennis Revell of TNT Fireworks had subn requesting postponement of the issue, and Jim Baldwin of BARC, who attend the meeting, wanted it noted that he opposes illegal firework the sale of safe and sane fireworks. Deputy City Attorney Rudnick, who is the primary liaison with the Fir provided an overview of the laws in the State of California and 1 sections in the Bakersfield Municipal Code, and the penalties for violatl Under the State fireworks law, cities and counties can enact their c that regulates or bans the sale, use and discharge of all types of fii cannot enact a ban on an offer to sell fireworks, or the possessi transportation of them. City Treasurer Andrews provided details on the City's permit proc related fees. There is a nonrefundable application fee of $43, a prc $90, a fire inspection fee of $1 13, and a fee of $300 for Police and FirE There is also a security deposit collected in the amount of $100 tha once the site has been satisfactorily cleaned up. The total of all fE application. The total revenue collected in 2015 was $43,134. Fire Chief Greener reported that the City of Bakersfield is 1 of 296 c municipalities in the State, and 1 in 4 of the top 10 largest cities in allows the sale of Safe and Sane fireworks. The City Council appro� Fire enforcement actions in 2005 based on the growing trend of i usage. He showed some video clips exhibiting the dangers of le� fireworks. In regard to enforcement in 2015, the Bakersfield Fire Department (BFC fireworks enforcement-related assignments, there were 19 BFC Department team deployments, and 17 fire engines and other reso� There were 18 BFD personnel assigned to the fireworks call centE dispatchers and 16 reserve firefighters. Additionally, there werE conducting permit checks and standing by at professional fireworks d help staff patrolling for suppression-related activities, 3 Captains dE Operations Center, and 3 Fire Chief staff inembers deployed to headc There were 803 responses to all types of fireworks calls, 700 pounds of were seized or surrendered, 44 $1,000 misdemeanor citations were fires were caused by fireworks, including structures, improvements a total cost for all enforcement and suppression efforts was just over $17, Other fireworks-related issues include frightened pets that end up in tl noise and hazardous air pollution, and the debris and trash that litter streets. Additionally, it is difficult to discern who is actually discharc fireworks as many individuals mask their activities with legal fireworks, must be accompanied by sworn and armed Police officers due to the The BFD intensified its public education efforts in 2015, which include� posts, media interviews, press releases, a public service announcE conference, live fireworks demonstration, and an editorial and separc the newspaper. The first ever drop-off event was held in 2015, when 2 fireworks were surrendered. Fire Chief Greener advocated for an immediate ban of all pers However, should the Committee prefer to explore alternatives, it was : a total ban could be phased in over time, the sale and use time cc restricted, reduce the amount of fireworks booths, increase enforc encourage enforcement efforts at the State level, and send letters legislators requesting their intervention with the State Fire Marshall to at the State level. Public Statements • Katie Weber urged the Committee to consider a ban on all � the City limits. They are dangerous and unpredictable, and � year for the safety of her family and home. • Steve Flores thanked staff for the report. He asked what citie� the Central Valley have banned fireworks stands; in the comi fireworks were banned, what alternative means of fund raising thP nnn-r�rnfit ('iC'iPYI(`IPC• �ninc ('1 CI lil(`CIYYlYY11ttPP fnrmPrl tn ryrl�iicF • Phil Rudnick believes that a total ban is in order. Fireworks ar� being inherently dangerous, which means that liability is � recommends creative, responsible fund raising that will bring 1 together, and to use the money currently spent on enforcerr purpose instead. • Louis Linney reiterated Mr. Revelle's request for continuanc industry's point of view, some cities have enacted bans and them. Committee Chair Maxwell responded that the purpose of City Counci to vet out specific issues, such as the topic before the Committee currE Committee member Parlier asked the following questions: • Is it possible to have someone from the Fire Department and Office attend court proceedings to provide input on the citatioi • Can the illegal fireworks drop off period be extended, and i open the other fire stations for this purpose? • Is it possible that civilian volunteers for the Police Departrr encouraged to participate as an extra set of eyes? o Police Chief Williamson indicated that it might be diffic� volunteers to work on a holiday. • Is it possible that Code Enforcement officers could assist in the e o City Manager Tandy responded that due to the risk, they be accompanied by armed, sworn personnel. • How many extra personnel were assigned to accommodate c to assist animals that were in distress? o Lieutenant Chow said there were at least six extra staff mE that evening. • Do we partner with the SPCA? o City of Bakersfield Animal Care Center and SPCA Executiv Johnson said that the Center was open on Monday whE closed. Plus, the fee to reclaim pets was reduced to a flat • Is the tip line only for the City, or is it a joint effort with the Count� o Chief Greener said it is a joint effort. • Is there an ordinance to restrict fireworks in parks? o City Attorney Gennaro said that there is no such ordinancE Committee Chair Maxwell said that no conclusions would be reache He encouraged the Committee members to ask questions now, an could be provided at the next meeting. Committee member Sullivan stated that staff gave a good pres� understands why the Fire Chief would recommend a total ban, but with it. She supported the public service announcement that wa media, and recommends that, in the future, this avenue can be purs� additional language recommending that people watch out for the clean up any litter or debris that remains following their celebration. S the suggestion to perhaps get volunteers to help look out for illegal added that the City Council worked very hard on this issue in 2005. T� clear that any firework that left the ground was no longer allowed to within the City limits. Committee member Sullivan does not believe that citizens lik government should not take away freedom. She has attended the fir� put on by the City at the Park at Riverwalk, and believes they should She supports the right of non-profit organizations to make money fr� legal fireworks. City Attorney Gennaro was asked to assist in writing Voices article. Committee member Sullivan expressed dismay thrown out in court, as those who are breaking and properties of others. She asked if an 800 people to call in advance of the 4th of July dangerous situation. that many of the the law are endanc number could be to alert authorities Committee Chair Maxwell asked the following questions: • How does Bakersfield's fine compare with fines levied by other c • Is it in our best interest to increase fines, and how would we go c • What level of proof is necessary in order to give someone a stands up in court. • Is it possible to utilize a form of aerial observation? • What is this presently costing us? • Will the cost be reduced if all personal fireworks are banned? • What is County doing? • If the City bans fireworks and the County does not, does that so Committee Chair Maxwell stated that discussions on this topic will next meeting. The Committee took a recess at 3:18 p.m. The meeting reconvened at 3:26 p.m. B. Discussion reclardinq a Potential Mandatory Spay/Neuter OrdinancE Assistant City Manager Teglia reported that the Committee was information in the fall of 2014 on animal control, both the field oper operations at the City of Bakersfield Animal Care Center (CBACC). Ai Councilmember Parlier, an update is being provided on this date. Stc believe that the proactive programs in place should progress further b the possibility of a mandatory spay and neuter program. Lieutenant Chow reported that there are two subdivisions within the Division at the Police Department, which are field operations and CBACC. He also reported that 8 clinics have been held in parks to da 1,194 licenses issued, and 1,100 rabies vaccinations and 698 othe given. The revenue averages $5,500. Six hundred eighty eight (688; been issued at the 30 weekly clinics held so far this year, and 732 rabiE were given. The revenue at the weekly clinics averages $930. ThE 3,767 microchips implanted, and 336 dogs have been returned t� without having to be transported to CBACC as a result of the progra are offered free to City residents who have licensed and vaccinated they obtain a license and vaccination at a clinic. Approximately one year ago, a new program began that allowed without Litters and the SPCA to sell dog licenses at their respective I� hundred sixty seven (167) licenses have been sold to date through this The spay-neuter voucher program began in July, 2014. These are offe resident to offset the cost of the procedure. The vouchers are worth can be obtained from the Animal Control office at City Hall Soutr n .,_. ,... ..._. . , . .,... ..... �. ... i. , i n rn ._, t �. i.. ._. ., .... . , ._. . . � i.. ._. ..,, . ,. ,.. . ,.. ,..i .... n n i r i .... ..... . ... i.... ._. ... ... �... ._.i ,... ,... .. partnership with Wings of Rescue has been successful, with 500 ar other states so far in 2015. Lieutenant Chow commended Liz Keogh and the other volunteers 1 He added that CBACC Director Johnson is also involved in a program school students about animal care. He lauded her efforts and acco CBACC. Animal Control staff, in collaboration with Information Technology st data that reflected geographic trends for impounds and/or surrend information allows staff to locate clinics and schedule canvassing witr This is a new program that will be expanded to map animal int� expected to assist staff with providing more assistance in the arE needed most. Staff will continue program, monthly programs. to promote responsible pet ownership through t clinics, and the free microchip and spay/n� Public Statements • Annabelle Jimenez said that she really appreciates that the C started looking into a mandatory spay and neuter program to r better place to live. She suggested the following: o Open the shelter on additional days and perhaps stay the evening; o Breeders should be required to obtain a permit, and to c litter per year; � � Provide for mobile spay and neuter clinics; and ncrease educational efforts, including in schools. • Liz Keogh thanked Annabelle for her comments. She noted 1 regularly uses the vouchers to get the dogs in her neighbonc� Keogh reported that more vouchers were distributed than stai on. She clarified that the City vouchers are for dogs only. S provide statistics relative to other voucher programs in tr Approximately 709 vouchers were distributed, 60� of whicr residents. Of that 60�, 54�o were redeemed. Specific data wc the Committee for the time period of January 1, 2015 through � She noted that the City does not currently offer a voucher pi ctPrili�rytinn rynr�l �niP chni ilrl ThP kPV tn thP nrnnrr7m ic thryt it ic • Judythe Coffman said that mandatory spay and neuter progra been successful, as they do not reduce the number of animals into in the shelter. They do, however, financially benefit vet perform the procedures. She believes that low-cost spay anc generate the most benefit. Ms. Coffman suggested that thE funding for these services, and to allow owners to determine if t be sterilized. • Laurie Weir distributed information. She is not in favor of a m and neuter program. She recommends that the City and efforts. Ms. Weir saluted the City for the proactive neighbonc� and licensing efforts. Committee member Parlier thanked the volunteers and support or everything they do to help the City. The Police Department and , division have set a benchmark for the program through the pc proactive approach. He praised staff for thinking outside the bc Assistant City Manager Teglia to report on what the City funding in used for. Assistant City Manager Teglia reported that $20,000 was allocate vouchers. There was a one-time infusion from another project whi� another 160 vouchers. This year, the voucher program has been m and the clinics at the shelter have proven to be popular. Dog owners animals to the clinics can also obtain licenses, vaccinations and micro Liz Keogh added that she estimates approximately 100 vouchers wer last six weeks. Temporary licenses are issued at the clinics, if the o� have their pet spayed or neutered within the ensuing two months. Assistant City Manager Teglia said that staff evolved the voucher proc that an appointment be made before issuing a voucher to increase vouchers that are used. CBACC Director Johnson said that the strategy has made a huge d added that staff has noticed these same pet owners returning vaccinations, as people are becoming more educated and want 1 thing for their pet. Assistant City Manager Teglia said that the microchip program is b� widespread as more people are realizing the associated benefi� programs are evolving, improving and having an impact. Assistant City Manager Teglia said that CBACC Director Johnson is or show every week to promote pet adoption and responsible K Information is also posted on social media. Lieutenant Chow added that this topic is also addressed at Neighb meetings, and the canine unit officers address responsible pet owners� demonstrations. Assistant City Manager Teglia said there is the possibility of adding an perhaps a link on the website in the future. Committee member Parlier asked about shelter hours and if there is more flexible. He also asked about staff to research the issue of crea program for cats. Staff was directed to keep the City Council apprisE of the voucher program. CBACC Director Johnson said that the shelter is open Tuesday through 10:00 a.m. to 4:00 p.m., and that that majority of people understand to work within those parameters. Committee member Sullivan stated that she likes the programs for fr spay and neuter vouchers, and adoptions. She believes staff is on the Committee Chair Maxwell asked where funding for these programs c in the budget. Since the City is seeing results, this could be an i additional funding could be allocated in the future. City Manager Tandy stated that there is $50,000 in Council Continger be allocated at Council's discretion. Committee Chair Maxwell asked if staff could possibly reach corporations and request that they donate towards the voucher thanked everyone for their efforts and asked to be kept updated. Liz Keogh asked if the Committee would make a recommendatic Council. City Attorney Gennaro replied that as no motion was made, the issue c 5. COMMITTEE COMMENTS None t A 11 1/'111DAIAACAIT