HomeMy WebLinkAbout05/22/2017
B A K E R S F I E L D
Staff: Committee Members:
Steven Teglia, Assistant City Manager Councilmember, Chris Parlier - Chair
Councilmember, Jacquie Sullivan
Councilmember, Andrae Gonzales
Regular Meeting of the
Legislative and Litigation Committee
of the City Council – City of Bakersfield
Monday, May 22, 2017
12:00 p.m.
City Hall North, First Floor, Conference Room A
1600 Truxtun Avenue, Bakersfield CA 93301
A G E N D A
1. ROLL CALL
2. ADOPT JANUARY 23, 2017 AGENDA SUMMARY REPORT
3. PUBLIC STATEMENTS
4. NEW BUSINESS
A. Discussion Regarding the Massage Ordinance Penalties – Iger
5. COMMITTEE COMMENTS
6. ADJOURNMENT
/s/ Steve Teglia
B A K E R S F I E L D
Committee Members
Staff: Steve Teglia Councilmember, Chris Parlier, Chair
Assistant City Manager Councilmember, Jacquie Sullivan
Councilmember, Andrae Gonzales
SPECIAL MEETING OF THE
LEGISLATIVE AND LITIGATION COMMITTEE
Monday, January 23 2017
12:00 p.m.
City Hall North – Conference Room A
1600 Truxtun Avenue, Bakersfield, CA 93301
AGENDA SUMMARY REPORT
The meeting was called to order at 12:00 p.m.
1. ROLL CALL
Committee members Present: Committee members Absent:
Councilmember, Chris Parlier, Chair Councilmember, Jacquie Sullivan
Councilmember, Andrae Gonzales
City Staff:
Alan Tandy, City Manager
Steve Teglia, Assistant City Manager
Chris Gerry, Administrative Analyst
Caleb Blaschke, Management Assistant
Virginia Gennaro, City Attorney
Josh Rudnick and Richard Iger, Deputy City Attorneys
Viridiana King, Associate Attorney
Nelson Smith, Finance Director
Marnie Ashford, Finance Accountant
Phil Burns, Building Director
Dennis West, Bakersfield Police Lieutenant
Doug Greener, Bakersfield Fire Chief
Tyler Hartley, Deputy Fire Chief
Ross Kelly, Deputy Fire Chief
Victor Mabry, Fire Captain
Others Present:
Lois Henry, Bakersfield Californian
2. ADOPT OCTOBER 24, 2016 AGENDA SUMMARY REPORT
The Report was adopted as submitted.
3. PUBLIC STATEMENTS
There were no public statements.
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4. NEW BUSINESS
A. Discussion Regarding Use of Administrative Citation Process this Past 4th of July – Iger
City Attorney Virginia Gennaro introduced Deputy City Attorneys Josh Rudnick and
Richard Iger who provided separate presentations regarding the use of
administrative citation process; one summarized the enforcement efforts and the
later summarized possible improvements and enhancements to the process.
Deputy City Attorney Rudnick provided a power point presentation summarizing
the enforcement efforts and the results of the administrative hearings from the 2016
4th of July event. It included an evaluation of the process.
A total of 85 administrative citations were issued, each included a $1,000 fine. 16
violators paid their fines in full, including 11 violators who requested a hearing; 67
violators were sent collections letters, of which 19 violators made payment plan
arrangements; there were also a few citations with incorrect information which
prevented staff from pursing further action. Violators who have not paid or entered
into a payment plan will be taken to small claims court; 18 small claims cases have
been filed to date. A total of $33,100 has been collected in fines to date.
A total of eight hearings were held; resulting in seven citation fines being upheld in
full and one being reduced to $750. Deputy City Attorney Rudnick suggested
additional outreach be directed to the Sikh communities and that notices be
posted or handed out at fireworks booths located in the county indicating the
types of fireworks which are illegal in the City. He thanked everyone involved in
making the process a success.
Committee member Gonzales inquired about the circumstances related to the one
hearing resulting in a fine reduction.
Deputy City Attorney Rudnick stated the homeowner in that case was not aware
that friends who arrived at the conclusion of a celebration at their home arrived
with illegal fireworks. The homeowner was inside cleaning up when the fireworks
were used outside his residence. The Hearing Officer therefore reduced the fine by
$250.
Deputy City Attorney Richard Iger provided an overview of the administrative
citation process including improvements and enhancements to the process.
Enhancements include expanding the administrative citation process to other
specific sections of the Municipal Code including park, city license (Cabaret,
Massage, and Taxi) and building/zoning violations, and identify and establish fine
amounts for each violation.
Committee Chair Parlier stated he did a ride along with the Fire Department on 4th
of July and was able to witness the citation process. There were improvements
regarding Fire Fighter – Officer Safety issues and faster response times to areas
experiencing illegal fireworks usage.
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Fire Chief Doug Greener stated there were significant differences between the two
most recent 4th of July events and agreed with Committee Chair Parlier comments.
Overall, the outcome was a success and will continue to be a benefit in the future.
City Attorney Gennaro stated staff from the various departments involved held
briefings before and after the most recent event. As a result of those discussions,
staff has been able to enhance the process and make it more efficient.
Committee Chair Parlier requested staff work with him to develop different
outreach concepts to educate the large volume of Sikh communities found in his
ward.
Committee member Gonzales asked if there were any trends, i.e. particular
neighborhoods, from the 85 citations that would benefit from additional outreach
efforts.
Fire Chief Greener stated there are a few trends, although the issue is a citywide
problem. The Fire Department will continue to use social media to educate the
public on the different types of legal and illegal fireworks.
Committee Chair Parlier requested staff try to coordinate with the County, if they
are receptive, to post notices at firework booths located in the County indicating
fireworks which are illegal within city limits. He also thanked staff with the Task Force
for all their work and contributions.
Chair Parlier requested staff research and analyze expanding the administrative
citation process to the following three sections of the Municipal Code: park
violations, city massage licenses, and code enforcement violations. It should also
identify and establish fine amounts for each violation.
B. Discussion Regarding the Ice Cream Vending Ordinance – Iger
Deputy City Attorney Iger provided a brief presentation and overview of the
changes made to the language found in the Ice Cream Vendor ordinance. The
changes do not affect how the ice cream vendors currently operate.
Committee Chair Parlier made a motion to present the updated Ice Cream
Ordinance to the full City Council. The motion was unanimously approved.
C. Discussion and Committee Recommendation Regarding Adoption of the 2017
Committee Meeting Schedule - Teglia
The 2017 committee meeting schedule was adopted as submitted. The meetings
will be held at Noon.
5. COMMITTEE COMMENTS
Committee Chair Parlier thanked staff for all their work and preparation with the items
presented at the meeting.
6. ADJOURNMENT
The meeting adjourned at 1:40 p.m.
Documents
Presented At The
Legislative & Litigation
Committee
May 22, 2017
Meeting
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