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HomeMy WebLinkAbout01/23/2017  /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.   ____________________________________________________________________________________ S:\Council Committees\2017\Legislative and Litigation\01_January\January 23 ASR.docx Page 2 ST:mc   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.   ____________________________________________________________________________________ S:\Council Committees\2017\Legislative and Litigation\01_January\January 23 ASR.docx Page 3 ST:mc   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.