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HomeMy WebLinkAbout01/08/2016 B A K E R S F I E L D /s/ Steve Teglia Committee Members Staff: Steve Teglia Councilmember, Terry Maxwell, Chair Assistant City Manager Councilmember, Jacquie Sullivan Councilmember, Chris Parlier SPECIAL MEETING OF THE LEGISLATIVE AND LITIGATION COMMITTEE Friday, January 8, 2016 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: 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 Joshua Rudnick and Richard Iger, Deputy City Attorneys Greg Williamson, Chief of Police Doug Greener, Fire Chief Tyler Hartley and Ross Kelly, Deputy Fire Chiefs Nelson Smith, Finance Director Tessa Andrews, Treasurer Dianne Hoover, Recreation and Parks Director Doug McIsaac, Community Development Director Phil Burns, Building Director Dave Hecht, Director of Information Technology Additional Attendees: Jim Wilson, TNT Fireworks Dennis Revell, Revell Communications/TNT Fireworks Jim Baldwin, BARC Bill and Marlys Brimmer, San Joaquin Sports Divers Jesse Munoz and Victor Perez, Believers in Jesus Church Margie Aichele, West High School Regiment Band Boosters Catie Holsonbake, Norris Elementary School PTC Danita Melton, Buena Vista Museum Members of the Media 2. ADOPT SEPTEMBER 21, 2015 AGENDA SUMMARY REPORT The Report was adopted as submitted. 3. PUBLIC STATEMENTS None 4. DEFERRED BUSINESS A. Continued Discussion regarding the Sale of Legal Fireworks Assistant City Manager Teglia reported that at the last meeting, questions were raised and requests for information were made. A memorandum was provided in this meeting packet addressing each item. At Committee member Sullivan’s request, Assistant City Manager Teglia provided a brief overview of the contents of that memorandum. Public Speaker, Dennis Revelle of Revelle Communications, noted that he had provided additional information to the committee. He reported that his firm has been looking into an application that could be used for reporting the use of illegal fireworks. Photos would be submitted via a smart phone, and a video option in the future is possible. An audio clip or text would accompany the photos, and the location would be captured by a GEO code. When the report is filed, an e-mail would be generated. It is hoped that the negotiations would be complete soon, after which it would be offered at no cost to the City and residents. Additionally, he encouraged the City to consider a social host ordinance in order to assess an administrative fine against the property on which the activity is taking place. Committee member Sullivan asked how this might affect renters, and Mr. Revelle replied that a renter would be considered the responsible party. City Attorney Gennaro said that social hosts have not proven to be effective. Staff must still investigate to ascertain whether the home is a rental, or not, and whether the illegal fireworks were set off in the street, or front or back yard. The renter or property owner is still entitled to due process, with he or she being given the opportunity to respond. It is her opinion that it is not as effective as it may sound. Committee member Parlier made a motion to decrease the number of days that fireworks can be used during the July 4th holiday season, from four to three. Specifically, he moved to direct staff to draft and bring to the February City Council meeting an ordinance amending Chapter 8.44 of the Municipal Code to eliminate July 1st as a date that safe and sane fireworks can be used. To clarify, he said that the reduction would only apply to days they could be used, not days they could be sold, which would remain the same. He asked Fire Chief Greener if this would provide another tool for his staff. Fire Chief Greener replied that any reduction in the frequency of fireworks usage will be of assistance. _________________________________________________________________ S:\Council Committees\2016\Legislative and Litigation\01_January\January 8 ASR.docx Page 2 ST:al The motion was unanimously approved. Committee member Parlier made a second motion to eliminate the usage of all fireworks in City parks, in uniformity with the County. Specifically, he moved to direct staff to draft and bring to the February City Council meeting an ordinance amending Chapter 12.56 of the Municipal Code to prohibit the use of all fireworks within City parks. City Attorney Gennaro said that if the motion passes, an assumption would be made that there will be an exemption of a City-sponsored professional fireworks show at The Park at River Walk. Committee Chair Maxwell asked how many fireworks-related fires had taken place in parks in the last 20 years, and how many fireworks-related injuries had occurred there. Fire Chief Greener said that staff would have to research the data, and added that any reduction in the usage of fireworks would be helpful overall. Committee member Sullivan said that she believes that parks would be a safe place to use fireworks, so she asked if the Committee could delay a vote on the item. Recreation and Parks Director Hoover said that many calls are received after the fact, a lot of debris from used fireworks is left in the parks, and there is potential for a lot of damage. Committee member Parlier agreed to table the topic until the next committee meeting, when staff can respond and provide more information. He asked that pictures be included in staff’s presentation. Jim Baldwin, from BARC, said that if BARC is contacted, a crew will be assembled to help clean parks. Committee Chair Maxwell thanked him for the offer, and noted that the information will be brought forward when this is discussed at the next meeting. B. Continued Discussion regarding an Administrative Program City Attorney Gennaro presented a brief slide show, which was in follow-up to the discussion on this item that took place in September, 2015. As mentioned at that time, there are two options: 1) revise all sub-sections of Section 1.40 of the Municipal Code to include the program; or 2) apply the program to a specific sub-section. Examples were provided. The revision must include what the program is, how it is to be implemented, the amount of the fine, and a clear definition of the process. The City Manager will _________________________________________________________________ S:\Council Committees\2016\Legislative and Litigation\01_January\January 8 ASR.docx Page 3 ST:al appoint a member of his staff as the hearing officer in the event of an appeal hearing, and must decide how delinquent fines are recovered. The City Attorney’s Office will represent staff, and handle any court appeals. City Manager Tandy suggested that incremental steps be taken while more is learned from the administrative process recently enacted related to water conservation as a result of the drought. Committee member Parlier said that this is a good opportunity to utilize the administrative process as it relates to fireworks. He moved that staff bring to the February City Council meeting an ordinance amending Chapter 8.44 of the Municipal Code relating to fireworks to allow for administrative citations. This will give the Fire Department another tool to help mitigate illegal fireworks usage. It will ensure that violators feel a financial pain. Committee member Sullivan agreed, as it makes it possible to avoid a total ban on legal fireworks. She believes that this process gives staff more of an ability to issue citations and assess fines on those who break the law and jeopardize other people’s property. Overall, the City would be better off than it is now, especially since an officer would not need to be present. Committee Chair Maxwell asked for status information on the administrative citation program for water usage. City Manager Tandy says that after everything was approved, it started raining, but he believes it will be effective. City Attorney Gennaro said that while it is unclear whether any of those water- related citations have been issued, a great deal of the initial development of the process has taken place, so there would be little effort in modifying it to fit the illegal fireworks enforcement issue. Committee Chair Maxwell said that it would be beneficial to increase the number of staff administering the citations. He asked if Code Enforcement is involved, and Building Director Burns replied that those officers concentrate on vendor enforcement. City Manager Tandy reported that the enforcement teams on July 4th consist of Fire Department personnel who are accompanied by Police Officers because of the potential for violence in these situations. Fire Chief Greener agreed that having armed sworn personnel on hand was beneficial for protection of his staff. He added that his staff must still be able to identify the suspected violator and specify the exact location of the violation, whether it is by a picture or video, so the amount of citations may not increase. _________________________________________________________________ S:\Council Committees\2016\Legislative and Litigation\01_January\January 8 ASR.docx Page 4 ST:al Building Director Burns also agreed that having armed sworn personnel on hand would be beneficial for protection of his staff. Code Enforcement personnel do not have the equipment necessary to protect themselves against the type of violence that could occur when dealing with an agitated group of people. Police Chief Williamson added that it has become increasingly difficult to supply extra officers for the July 4th enforcement period, as many have to give up their day off, and it must be recognized that regular law enforcement still has to take place. Committee Chair Maxwell supported the motion and believes it will be a strong deterrent to others. The motion was unanimously approved. 5. NEW BUSINESS A. Discussion and Committee Recommendation regarding Adoption of the 2016 Committee Meeting Schedule The draft calendar was approved as submitted. 6. COMMITTEE COMMENTS Committee member Sullivan thanked Mr. Baldwin with BARC for offering to help clean up parks. 7. ADJOURNMENT The meeting adjourned at 12:55 p.m. _________________________________________________________________ S:\Council Committees\2016\Legislative and Litigation\01_January\January 8 ASR.docx Page 5 ST:al