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Home My WebLink About09/21/2015� BAKERSFIELD /�/ St�vPiTe��;a� Committee Members Staff: Steve Teglia Assistant City Manager Councilmember, Terry Max� Councilmember, Jacquie S Councilmember, Chris Parli� REGULAR MEETING OF THE LEGISLATIVE AND LITIGATION COMMITTEE Monday, September 21, 2015 12:00 p.m. City Hall North - Conference Room A 1600 Truxtun Avenue, Bakersfield, CA 93301 The meeting was called to order at 12:00 p.m. 1. ROLL CALL Committee members: Councilmember, Terry Maxwell, Chair Councilmember, Jacquie Sullivan Councilmember, Chris Parlier City Staff: 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 Joshua Rudnick and Richard Iger, Deputy City Attorneys Greg Williamson, Chief of Police Doug Greener, Fire Chief Captain Vic Mabry, Bakersfield Fire Department Nelson Smith, Finance Director Tessa Andrews, Treasurer Doug Mclsaac, Community Development Director Additional Attendees: Jim Wilson and Johna Wilson, TNT Fireworks Dennis Revell, Revell Communications/TNT Fireworks 2. ADOPT AUGUST 24, 2015 AGENDA SUMMARY REPORT The Report was adopted as submitted. 3. PUBLIC STATEMENTS None 4. DEFERRED BUSINESS A. Continued Discussion re__ aq rdin_a the Sale of Leqal Fireworks Fire Chief Greener referred to a memorandum that had been provid to questions posed by the Committee at the previous meeting. The ke • A member of the Fire Department will be present in court whE heard by the Judge. • The drop-off period for illegal fireworks will be extended frorr days. • The drop-offs will only be allowed at Fire Station # 1. • It may not be possible to augment the tip line with more reserve • Public Service Announcements (PSA's) will be upgraded to inc about pet care and litter cleanup. • The City Attorney provided a chart that showed fines levied which are generally the same as the City of Bakersfield at $1,00( • Safety personnel must see a violation in progress in order to issuE • Aerial observations could be construed as a violation of privacy • The cost of enforcement will not decrease with a ban on firewoi • The City and County have slightly varying ordinances. Public Statements: • Marlys Brimmer spoke on behalf of the San Joaquin Sports Dive money for the Kern County Search and Rescue divers. If legc banned, more illegal fireworks will be used, generating more firE • Margie Aichele spoke on behalf of the West High Regiment The money they raise is for scholarships for qualified seniors at year, and it helps the band with expenses. If fireworks are bar make a difference. • Catie Holsonbake spoke on behalf of the Norris Elementary Schc - - • Dianna Mathias spoke on behalf of the Ridgeview High School The net sales amount funds one half of the program's operatin understands both sides of the issue. • Victor Perez spoke on behalf of the Believers in Jesus Chu proceeds assist with youth programs. He spoke against a ban. • Dennis Revell spoke on behalf of Revell Communications anc He distributed information received from the City as a result submitted under the Freedom of Information Act. He believes t more State regulations and enforcement. He said that charter option to levy higher fines, if desired. His company issued Proposals for a phone application to report violations. • Jim Baldwin spoke on behalf of BARC. He said that non-profi rely on fundraisers. He offered to help in any way that would hE problem, even to volunteer to help collect caches of illegal fii does everything legally. • Shelly Eagar spoke on behalf of the Norris Elementary School f fireworks and it is a once-a-year outlet for them. Parents are i they are being used, and they are safety conscious. The prok illegal fireworks. • Jesse Munoz spoke on behalf of the Believers in Jesus Church. are used for youth programs. They provide a safe environme sales. He asked for the opportunity to continue to raise money 1 youth functions. Committee member Sullivan stated that her position is clear; she is banning legal fireworks. She is disappointed in how the citations w� Court, but knows that City staff is working on a solution. She thanke� coming to the meeting. She asked the City Attorney to look into the Mr. Revell whereby charter cities can set their own fines, and what t the second offense is. City Attorney Gennaro said that both Deputy City Attorneys in attendc that issue, and recommend that the current fine amount remain uncr charter cities have set their fine in the $1,000 range, also. Fines 1 offenses are set by the Court; however, should the City Council decic administrative process, then the amount could be set by the Councilrr Committee member Sullivan asked staff to look into the possibility of � � v.. ,..��..r+ +.. r,,, ,., �.,. ,. V..�,. �,-... �,,, ,. v..+ ,., � ,. ��.. ,..+;. ,,.. ,., � �.... ��; �-. � ,. � 4.. ,.. ,.. �,., �;�; ,. Fire Chief Greener said that there is a disparity between the City and the City bans Piccolo Petes and Ground Bloom Flowers, but the Co Also, the County bans fireworks in County parks, but the City does no in City parks. Committee member Parlier asked Assistant City Manager Teglia tc possibility of using the City Source App for reporting illegal fireworks. Fire Chief what fire threats or hazards there may be to City parks in arE with the County; and if the City mirrored the County's ban, would it hE potential threat. Fire Chief Greener said that a survey would have to be done to d specific threats there might be. There is likely to be some degree of a not to the extent that exists in a County park, such as Hart Park. A bar City parks would help with potential problems. Assistant City Manager Teglia added that while the use of fir encouraged in City parks, it is not banned according to the Municip� the City Council decided on such a ban, an additional benefit is thc reduce the litter that results from fireworks usage. Alternatively, adc service would be generated. The City Manager's staff will look intc evaluate the possibility of banning fireworks in City parks. Committee member Parlier directed that the topic be tabled until stc the necessary information and bring it back to the Committee for furth Committee member Parlier asked if staff had any statistics related tc on the first day of allowed usage versus the remaining days, and i enforcement efforts to eliminate day one and/or day two. He askec Manager Teglia to gather statistical information and cost analysis regc and report back to the Committee. Fire Chief Greener said that activity levels on days one and twc reducing the number of days that fireworks can be used would help ei Committee Chair Maxwell said that Pleasanton had a ban in placE recently repealed it. He asked staff to provide information as to hc may be leaning towards a ban versus those that allow legal firewor� that his idea of an aerial method to watch for illegal fireworks usage is Maps and watch in real time. A screen shot could be captured, ar administrative process, the homeowner would receive a ticket in the rr Committee Chair Maxwell said that the issue will be tabled until staff c requested information. He thanked everyone for coming, as Committee members to form a consensus as to the best direction to tc A recess was called at 1:00 p.m. The meeting reconvened at 1:08 p.m. 5. NEW BUSINESS A. Discussion reqardinq Potential Options in Developinq an Administra� the Municipal Code City Attorney Gennaro showed a PowerPoint presentation and overview of the contents, which explained the difference betweei administrative citations. This was done in response to a referral by C Parlier to provide information on the potential of developing an process. Some key points are: • A criminal violation must occur in the presence of peace � administrative violation does not. • If a criminal case is sent to a jury, the City must prove beyonc doubt that the violation occurred. In an administrative cas hearing is held where only a preponderance of the evidence is • A criminal case is handled by the Court; the City will only p witness. An administrative case would be handled solely by Cit� • Should a criminal case lead to a conviction, the individual will infraction or misdemeanor on his/her record, and the Court c collects any fines. A conviction in an administrative case doe. spot on the individual's record. The hearing officer would amount of the fine. At issue in this instance is that the City wo� to collect the fine. The City Council would have the option to add the administrative sections in the Municipal Code or to establish an administrative prc crimes, such as watering violations, littering and use of illegal firework Committee member Parlier asked staff to provide information that sh resources would be necessary for each of the two options. Fines would be determined by resolution. Should the individual elect _ :l _.l: _ '_ 1I_ _ 2:'_ _ ' ' ' _ . .I _I I_ _" ' _ 1 _ 1_ _ ._ ' I I_ _ t _ '" _ _"_ '_ _ _. I I_ _ ' violations, such as for certain Code violations, perhaps on a per-dc basis. Committee member Parlier asked if it was possible to send the matter agency, and City Attorney Gennaro said that that step could be process. It was noted that only select personnel who receive spec would be allowed to issue citations. Public Statement • Dennis Revell with Revell Communications stated that, in 200� model ordinance and citation on the State Fire Marshall's w� would forward it to staff. He added that some cities have E enforcement resources to include Code Enforcement officei enforcement personnel. Fontana and Palmdale have increc beyond $1,000. In administrative cases, each City retains the fu from the fines. Committee member Parlier confirmed with Police Chief Williamson t administrative process in place would provide another tool to addre violations that must now occur in the presence of a peace officer. M also like other departments to determine if an administrative procE them, and in what way(s). Committee member Sullivan stated that this process would be benefic not want to impose more work on staff. Assistant City Manager Teglia said that there are a number of differeni Municipal Code that could be enforced through an administrativE suggested choosing one issue as a pilot program once the framework has been determined by the Committee. The program would then and modified accordingly before it is expanded to address other issue Committee Chair Maxwell directed staff to work quickly, but comprE asked that the City Manager's Office and City Attorney's Office seleci start with, and he would like the Finance Director to provide informatic costs and how the fee schedule would be set up in order to recover the program needs to pay for itself. He thanked Committee men making the referral. 6. COMMITTEE COMMENTS None � w n ��n►��