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HomeMy WebLinkAbout2006I HANDOUT AT THE ~' ~ NOVEMBER 14, 2006 ~' ~ LEGISLATIVE AND LITIGATION COMMITTEE MEETING CP OPEN FILE MEMO Defendants Name: Case Number: Age: M ~ F __ Date of Crime: Location of Crime: Code Violation: Simple Name: Date Opened: Community Prosecutor: Other Information of Importance: Logged by: S:~FORMS\Community Prosecutors\CP OPEN FILE MEMO.doc CP CLOSED FILE MEMO Defendants Name: Case Number: Community Prosecutor: Date of Dispo: Dispo on each count: City Attomey approval: Logged by: S:\FORMS\Community Prosecutors\CP CLOSED FILE MEMO.doc .......... · Code,viOlatiOn Stats Index " Ward Ward Ward1' ' :Ward 2 3 4 Ward 5 Ward 6 Ward 7 i~0tal BMC12.56.050 park curfewvi'olation 2 " BMc'g,20:O20(B) t .... ~..,1. BMC8.27 010( C) 1 ......... .._.1 BM9.70,0!0(B),-Sleepingln Public Place 0 i '" 0 ' "0 ' 0 0 '0 '... BP, 25658(A) - Selling ,A!cohlol to a minor 0 I 0 '0 0 0 t B,,P 25662(A) Open Alcoha,I' Container I · ' ' .~.i. ELC18100(A)' Illegal Registration to Vote ........ ' 1 E_IC18560(A) Fraudulent Vote 1 LHs11532(A) -Loitering with' intent to do Drugs 1 0 0 0 0 0 0 ,.J. :MC12.56.050(1) I 2 1 'M025658.- Selling Alcohol to a Minor 1 0 0 0 0 0 0 .... . :t ' MC 6.04.220A - Lettin~l d,0,g,s' o,n others property 0 ! 0 0 0 0 1 MC6.04.040A - Unlicensed Dog, 0 i 0 ' ' 0 '' 0 0 1 '2 MC8127.010~ NuiSance 0 0 0 -0 1 '0 0 . MC9.20.020- Camping in pub c 0 '" 0 ...... 2" 0 0 . ¢ 0 ~. 2 .MC9.22.120 (,E) - Loud muSic from a Residence 0 I 0 0 0 0 0 MC9.2,505( C)- Nuisance. i 0 0 "' 0 0 0 "'. MC9.50.010- Discharge Firearm W/(~ p;9'~m!i' 0 ' '0 ' 0' 0' , 1 MC9-70-OIO(B) 2 ' ,2 MC !7.10:020 zone use Violation ' ' PC12020 possesion of a weapon t ..... . .j ....... PC 148, Resisting ArreSt , 1_3 .... 71 . I 0 3 "'1' I' "6 6 5.0 PC 148.9- False ID toan Officer 2 6 0 I 0 0 3 12' PC24! (A) .......... . ..... , PC243(A) - Battery 1 1 2 1 :PC243(B)~ Batten/on Officer 1....... 1 2 " · PC272 Contributing to Mino'r~ Delinguency'" 1 1 2 ' PC3i4- Indecent Exposure "'0 .... 8 ' I 1' PC31,4.2 - Solicitation of Lewd Acts t 1 "0 0 ' 0 " 0 ' ,0 , ,0 PC372,- Public Urnination 0' ! 0 ' 0 0 '"0 0 ,.1. P0415(!) - Public Fi~lh, ting 0-' E .... 0 ' ~ 0 I'~1 '0 .... .,.6 PC415(2)-Loud Noise 1 0 0 "' 0 0 .0 0 ' P0415(3) - Offensive Words ' ! 0 0 0 0 0 0 ..i' P0416- Ft,efusing to 'DiSperse ,, 0 0 0 0' 0 .0 ' 2 2. P.C460 (B)lntent to Steal 2 6 0 ' ~ 3 0 '4 ' I ' ' . PC466 -Possession of Bu~glan/Tools 2 i 0.... 0 ' ' 0 '" ~ I .... .~ 5 PC470-Bad Checks 1 I 2' P0487 ~ Shoplifting 0 ~ 0 'i 0 0 0 PC488 - Petty Theft 2 6 9 2 0 3 i7 PC496-ReceiVing Stolen P'r~perty ............ i ' PC591, - Obstructing Electricity '0 0 0 1 0 pcs91(B)(!) - Malicious.Mischief 0 '0' ' I ' ' 0 0 ."0. 0 .,! PC591 (B)(2)(A)- Vandalism 0 i 0 0 ..... 0 0 'PC594. :Damaging Property of another / .... Vandalism 4 8 1 0 0 2 2 J 7 PC602-Trespass '3 ? 1 1 I' "1 '7-" 10:30 PC647 (A) -Lewd Act In Public 0 ' 6 3 ' '0 ' 0 ~ 1-- ' i 1_1 PC647(B)- SoliCitation of P[Ostitution 8 '2' ' '0 0 · 1 0 , O' ' ~11 PC647(F)- Drunk in Public '" 17 50 1 2 3 PC647(H) - Prow ingg/o tering ...... 03 0 ' ' :O', 0 : .2, , ' :1 ,7'6 S:\FORMS\Commun ty Prosecutors\CP Log.xls 11/3/2006 :Page I PC647(I) -Peeking ' 0 0 0 1 0 I 0 PC647.6 ~ Annoy Or Molest children . 0 0 ' 0 0 ~ 0 1 2 ,.3 PC653.22(A) - Loitering.for Purpose of . · . ...... Prostitution . . PC666 -'Shoplifting w/Priors' ' ' ... 2 5 4 2 0 I 7 ~2i P_C853.7- Violation of Court Order 0 .0 1 .0 0 .0 ' 0, .... ~'. UHC1001'.11~ Nuisance 0 I 0 0 0 t 0 0 . ~.i UHC1104,2; Entering Unsafe.Dwelling 1 2 0 0' 0 0 0 UHC401.2 - Nuisance . 1 0 0 0 ' 0 0 0 '.'~..~ VC!2120 -Sell of Vehicle Not Own' ' . 1 _VC21201 (D)- NO light'on Bicycle 1 0 0 0 0 0 0 VC23! 09('C) - Exhibition: of speed on public ' ' ' r0ad' ' · .. 0 1 0 0 I 't 0 3 VC23224 Open Container'in Car 1 ' ' _.1 · VC26708(A)(1) ~ Tinted Windows . 0 Total. .. 75 ~15~ '] 26 "22 10 ' 43r 69 Grand Total 400 · S:\FORMS\Community Prosecut0rs\CP Log.xls 11/3/2006 Pac~e 2 "Cp .....GE .... ' '" DEFENDANT'S INITIA ND LOCATION:OF .Wa CODE NAME CASE NO LS' AGE ER CRIME rd VIOLATIONS SIMPLE NAME DISPO* 2311 1 Tate, Frank BM689906 MR 44 M ICottonwood Rd IPC148(A)(1) Resisting Arrest C Panama Ln / S i PC148(A)(1);i Resisting Arrest/ 2 Alamillo, Clementel BM689432 MR 43 M IUnion 1 PC647(F) Drunkin Public 0 entering building w/ 3 Guiterrez, Patricia BM691615 MR 57 F 11115 Union Av 1 PC460(B) intent to steal 0 PC460(B); Intent to steal / petty 4 Castanon, Jaime BM691615 MR 23 M 1115 Union Ay 1 PC666 theft w/priors 0 Dismissed Possession of (sentenced for 5 Medina, Joseph BM689398 MR 23 M 1500 BIk 6th St 1 PC466 Burglary Tools violating parole) 1401 California 6 Worle¥, Douglas BM689341 HR 35 M Ave 1 PC488 iPetty Theft Guilty Dismissed (lack !Damaging property of complaining 7 Montiel, Gilbert BM689715 AW 30 M 212 Brink Dr 1 PC594 of another witnesses) Cook, David Property damage (to 8 Lawrence BM685069 AW 28 M 800 Pershing St 1 PC594(A)I2) a car) 0 Dismissed lack of complaining 9 Davis, Johnnie BM682064 MR 19 M 1217 Bank St 1 PC594(B)(2/ Vandalism witnesses Cervantes, Solicitiation for Dismissed (lack 10 Gonzalo BM689681 HR 71 M 711 Union Ay 1 PC647(B) Prostitution of evidence) Solicitiation for 111Chowe, Maureen BM69t076 MR 43 F 100 BIkUnion Av 1 PC647(B/ Prostitution PG Plead No ..... 12 Solicitiation for Contest to Torres, Victor BM689685 AW 32 M 711 Union Ay PC647(B) Prostitution PC602(K) & 13 6502 Lost Dismiss w/plea Collins, Georgetta BM650396 MR 40 F Canyons Ct 1 PC647(F) Drunkin Public BM696480 , _.~ ':.. '.~,. "':: ,.'WARD: ON: CP GE ' ' ' ...... ' .... DEFENDANT'S INITIA ND LOCATION OF Wa CODE NAME CASE NO LS AGE ER CRIME rd VIOLATIONS SIMPLE NAME ~DISPO* 14 Singh, Darshan BM688952 MR 33 M 2201 S Union Ay 1 PC647IFI Public Drunkenness 0 Loitering for 400 BIk Purposed of 15 Galvez,,Daniet BM689821 HR 36 M Brundage Ln 1 PC653.22(A) Prostitution PG Failure to BMC8.27.010 Adequately Maintain ...1.6!Jimenez, Eduardo BM689730 AW 5i M 29 S. King St 1 © Property PG PC148(A)(1), Resisting Arrest; Transferred Cottonwood Rd / PC148.9; VC False ID to Officer; back to KCDA 17 Moreno, Marlo BM691617 HR 41 M Feliz Dr 1 21201(D) NO lighton Bicycle NotC!ty. Prostitution, 4th St/Union PC647(B), Soliciting a lewd Act 18 Vascluez, Crystal BM692605 MR 28 F Ave 1 PC314.2 in public 0 PC647(F) / Drunk in Public / 19 Garay, Pedro BM691140 MR 25 M 10 BIk Bliss St 1 PC148(A)(1);Resisting Arrest 0! PG to P0415(2) Brownlee indicated should Selling Alcohol to a drop charge was 20 Narang, Raushahi BM694139 HR 42 F 6501 S Union 1 BMC25658 minor d~0pped to Def not 21 Johnson, Wayne BM693746 TB 53 M ,200 Union Av 1 PC148(A)(1) Resistin§ arrest competent sent PC148(A)(1); Resisting Arrest / 22 Zamora, Minera BM693356 MR 34 F 130 N St 1 PC647(F) Drunk in Public Possession of 23 Hernandez, Jose BM669580 MR 2t M E 9th St. / MLK 1 PC466 Burglary Tools PG DEFENDANT'S INITIA ND LOCATION OF Wa CODE NAME CASE NO. LS AGE ER CRIME rd VIOLATIONS SIMPLE NAME DISPO* Occupy Unsafe Dwelling / Nuisance / UHC 1104.2; Attractive Nuisance / MC9-2.505( Sell of Vehicle by C ); someone other than UHC401.2; registered owneror Dismissed (Del 24 Miranda, Robert BM686390 TB 59 M 901 E Planz 1 VC12120 dealer in Compliance) 25 Johnson, Leo . BM693719 HR 29 M 817 Casino 1 PC148(A)(1) Resisting arrest 0 26 Orihuela, Carlos BM696184 TB 44 M 1506 E 10th st 1 PC148(A)(1) Resisting, arrest 0 Montemayor, PC148(A)(1); Resisting Arrest/ 27 Vincent BM694295 HR 23 M 113 Bliss 1 PC647(F) Drunkin Public PG PC 148(A)(1 ); !Resisting Arrest/' 28 Ramirez, Carlos BM695949 HR 32 M 121 S Kin~ 1 PC647(F/ Drunkin Public C 29 Stites, Jon BM695276 HR 52 M 3001 Brundage 1 PC148.9 False ID to officer C 30 Cheshire, William BM692718 TB 39 M 32~ S H St 1 PC243(A) Battery 0 PC243(B) Battery on Officer, PC148(A)(1) Resisting arrest, 31 Willis, Phillip BM696685 HR 52 M 1129 Union 1 PC647(F) Drunkin Public 0 Peace Disturbance PC415(2); (Loud Noise and ~... 32 Weston, Ph¥1tis BM694433 HR 46 F 414 Real Rd I PC415(3) Offensive words/ PG i 33 Morris, Lavonza BM694507 HR 38 F 80 Union Av 1 PC594(A)(2) Vandalism 0 .34 Gutierrez, BM694084 TB 27 M 3400 blk Horne 1 PC647(F) Drunkin Public PG PC647(F) Drunkin Public/ 35 Luque, Rosendo BM686320 TB 28 M 9th St "' 1 PC148{A)(1) Resistinr..j Arrest PG- PC148(A) DiSmissed w/ 36 Luclue, Rosendo BM695007 TB 28 M 8th / M 1 PC647(F) Drunk In Public plea to PC148(A)(L) Resisting Officers, 37 Fraz. ier, Larry BM696171 HR 57 M 801 E. California 1 PC602.1 Trespass FTA, BW issued 38 Hudson, Tykeisha BM696846 TB 19 F 1115 Union Ave 1 PC488 ~Petty Theft $10k CP GE · DEFENDANT'S INITIA ND LOCATION OF Wa CODE NAME CASE NO LS AGE ER CRIME rrd VIOLATIONS SIMPLE NAME DISPO* 1 yr DEJ, 50 hrs 39 Elysee, Jonathan BM696202 TB 25 M 711 Union 1 PC647(B1 Solicitation CS , Corner of Union - 30 Days, 3 Yrs 40Green, Isrra Lynn BM695780 TB 35 M and BelITerrace 1 PC647(B/ Solicitation Prob PC647(F) Drunkin Public, S. H and White 602(M) Trespass, Open 41iAmson, Ross BM696495 HR 19 M Lane 1 BP25662(A) Container Contributing to PC272 Minor's Delinquency, PC602(M) Trespass, Drunk in ~ - ~ S H st and White PC647(F) Public, Open FTA, Bench "42 james, JesSie .. BM696459 · HR 21 M Ln i. VC23224 Container ' Warrant 5k Petty Theft With 43 Terrones, Sergio BM696943 HR 26 M 1115 Union Av 1 PC666 Prior PG Dismissed in the BMC 12.56.051Park Curfew interest of the ~44Mora, Octavio BM696271 HR 21 M 5201 Monitor 1 0 :Violation Justice BMC 12.56.05 Park Curfew Dismissed in the 45 Vasquez, Daniel BM696273 HR 19 M 5201 Monitor 1 0 (J) Violation interest of justice Dismissed, Banuelos, Mariana Stern Park, 5201 MC12.056.05 Park Curfew evidentiary 46:Rocha BM696272 TB 18 F Monitor St 1' 0 Violation ~roblems 47 Flores, Jose Luis BM655704 TB 34 M 711 Union Av 1 .PC647(b) Solicitation 48 Johnson, Denise BM697898 TB 44 F 4th and V st I .PC647(B) Prostitution Detoney, Dominic 49 Arnaz BM694886 TB 27 M 1006 6th ST 1 PC647(F) Drunkin Public Edwards, Michael 50 Jerrod BM698458 TB 26 M 805 Williams St 1 PC647(F) Drunkin Public BW issued $10k 51 Pineda, Ricardo BM698553 HR 48 M 224 Brink Dr. 1 PC647(F) Public Intoxication Webster, David 200 Block of PG CTS 3yrs 52 Eugene. Sr. BM697858 TB 52 M Union 1 PC647(F) Drunkin Public prob. COMMUNITY PROSECUTORS 'WEEKLy UPDATE ' ~ " "-~. ·..- WARD TWO,. ',, ' ~,~ .. ' "~'" ' ~ ;" ' * ' "' ';' ' * CP iGEN LOCATION War .... ' DEFENDANT'S cODE ~ '' ' :'~ ' ~ ;i":., ~' NAME CASE NO IN,ITl AGE'~DER OF CRIME d VIOLATIONS SIMPLE NAME DISPO* !DiSmiSsed Per plea in I Lodging in a Public BM689697, Def 1 Turner, Vemetl BM675394 AW 53 M 401 21st St 2 BMC 9.20.020(B) park .~ sentenced for 27 days.. Dismissed (DA's 2 Rulau, Wayne . .BM690660 AW 33 M 1622 1.gth St 2 MC / dogs Dogs. Re.commendation) . Loud music from a 3 Ramos, Antonia BM671851 AW .,27. F 2121 21stSt 2 MC9.22;120(E) residence PG Quincy St / Obstructing officer / 4 Brown, Kami ..,BM685628 MR 26 F Miller . . 2 PC148(A)(1) . Resisting. arrest PG 1501 Flower Obstructing an Officer/ Transferred back to 5 Gray, Arthur BM690122 HR 36 M St 2 PC]48(A)(1) Resisting] Arrest KCDA Not City ,,, 1701 Westwind 6 Sparks, Wayne BM690863 AW 35 M Dr PC148(A)(1) Resisting Arrest Pled No Contest PC148(A)(1) PC Resisting Arrest, Drank PG Pc'i4'8; Dismissed 7 Sanchez, Juan BM689422 MR 22 .M.. 3201 F St. 2 647(F) m Public pC647tF) i Resisiing / Obstructing 500 BIk of PC148(A)(1); Arrest; Tinted ..... 8!Arvizu, R!chard BM690395 HR 31 M 28th St . , 2 VC26708(A/(1) Windows PG PC148(A); Resisting Arrest; public 9 Bobo, Tiffany BM689417 AW 23 F. 212 18th st 2 PC647(Ft drunkenness FTA BW $25,000 :Resisting/Obstructing ...1(; Duenas,.Lucy BM689157 H.R 30 F 19th & Eye 2 PC].48; PC647(,F) Arrest; Drunk in Public PG Resisting/Obstructing 11 Macias, Robert BM689157 HR 21 M i19th & Eye 2 PC,148; PC647(F) Ar,rest; Drunkin Public 0 18th and H DismiSsed (PG on 12 Lampkins, Jas0,n' ,, BM679372 MR 22 M st 2 PC372 Public Urination lan,other case) Falsely identifying 13 Mendoza, Rene BM689081 AW 21 M 1500 Baker , ..2 PC46G; PC148.9 oneself to officer Dismissed COMMUNITY PRO.SECUTORS WEEKLYUPDATE '::'"~,,"~ /~; ,i-"/i~.,, ~ ' ~ ~ '~ ' '~ ,'~ ~. 'WARDTWO DEFENDANT'S CP GEN LOCATION War CODE I NAME CASE NO INITI AGE DER OFCRIME d vIOLATIONS SIMPLENAME DiSPO'* 3530 14 Chathm, Garrett ..... BM673240 MR 19 M Chester Ave 2 PC488 Petty Theft ,,, PG PG to amended charge _15 Alcaraz, Eliezer BM687694 HR 48 M 1224 ! .9th St 2 PC647IA) Lewd Act in Public of Public Nuisance 2620 PG to amended Charge' ' 16 Garrett, Michael BM690154 HR .6,0 M Chester Av 2 PC647tA) Lewd Act in..Public 0.! Public Nuisance 17'Martinez, Benjamin . BM687695 HR 43 M 1224 19th St 2 PC647(A) Lewd Act in Public PG PC470 Cumberworth, iDismissed see 18 Daniel BM691006 MR 45 M 18th/ASt 2 PC647(F) Drunkin Public BM688156 Louise, Patrick ............. 19 David BM689157 HR 22 M.. 19th & Eye 2 PC647(F) Drunk in Public PC647(F) Drunk in Public; PC647(F) Dismissed for 20 Aguirre, Michael .~BM689709 AW 30 M 19th &. E)/e 2 Pc148(A.)(1) Resistin~ Arrest ,Plea in PC148{A)(1). 1500 BIk PC647(F) Drunk in Public; PC647(F) Dismissed for 21 Truijillo, Armando BM690619 AW 26 M 19th 2 PC148(A)I1) Resistin~ Arrest Plea in PC148(A)(1). 7825 ...... Rosedate Petty theft w/prior; PG to count 2, count 1 22 Campbell, Tiffany BM. 691523 AW 26 F Hwy ..... 2 PC666 / PC460(Bi buglary non res dismissed per plea. Entering Unsafe Dismissed (PG in a 231Aguilar, Jose BM689137 HR 30 M 322 18th s.t., 2 UHC 1104.2 Dwelling separate case) Entering Unsafe 24!Leon, Jose Luis BM68913.7' HR 24 M 322 18th st 2 UHC 1104.2 Dwelling .. PG ct 3, Dismissed all others, 3 yrs prob. 30AA .. 25 Porter, Tiffany.. BM692024 MR 25 F 401 34th st 2,. PC148(A)(1) . Resisting Arrest meetings. PC148.9(A), Falsely id to officer, PC602(O), trespass, drunk in 26Simon, Gordon BM685793 MR 29 M 1818 E}/e St 2 PC647(F) ~ublic PG to 148(A)(1) L St/19th P0314.1 / Indecent Exposure/ PG P0415; Dismissed 27 Van Whestler, Dell BM691742 MR 81 M St 2 PC647(A) Lewd Act in Public Pc647(A). . COMMUNITY PROSECUTORS WEEKLY UPDATE DEFENDANT'S CP GEN 'LOCATION War CODE ...... NAME CASE NO INITIr~AGE DER OF CRIME d VIOLATIONS SIMPLE,NAME DISPO* 500 PC314.1 / Indecent Exposure / 28 Nelson, Stanley. BM692016 MR .2,8 M Oleander Av 2 PC647(F) .. Public Drunkeness PG behind PC'3~'~:~' Dismissed, PG Cumberworth, Young & PC314.1 (A), Lewd Act in Public, PC647(a) and 29iDaniel BM688156 MR 45 M Nichols .... 2 PC148(A)(1) Resist.Arrest PC148(at(1/ 30 14 Monterey Avila, Thomas BM690851 HR 18 M St 2 . PC415(I) Public Fi~lhtin~l 0 DismiSsed eye witness PC460(B); Commerical Burglary; did not show up to testify 31 Goodgion, Duane BM693521 HR 37 M 800 34th St 2 PC594(BI(2)(A), Vandalism on Jut7Trial 2220 32 Morris, Lawrence . BM692597... HR 37 M Chester 2 PC488 PettyTheft 0! 10 Spruce PC488 / Petty Theft / Resisting 33 Avelar, Raul BM688644 MR 33 M St ...... 2 PC148(A)(!) Arrest .. PG Dismissed per p'iea 34 ATal~t, Francisco BM692119 HR 23 M 1300 Niles 2 PC647(F) Drunk in Public agreement '" 1900 BIk O~ .......... 35 Campbell, Kathy BM686941 HR 50 F 19th 2 ....... PC647(F) Drunk In public PG Deferred Entry of Hernandez, 1500 Block Judgment. Hearing set ...,36 Macario Coptreras BM689651 AW 31 M o.f 19th St 2 PC647/F) Drunkin Public on 12/27/06 3.7 McKinne¥, Kevin BM679316 MR 40 .M 18th & G St 2 PC647(,F) Drunkin Public PG 38 McKinney,__Kevin BM693.790 MR ...4..0.. M 19t.h & G St. . 2 pc647(F) Drunkin Public P6 4800 BIk 39 Patton, Matthew BM692255 MR 32 M California Av 2 PC647,(F) Drunkin public PG 3100 Park 40 Rogas, Ralph BM689306 MR 40 M Way 2 pC647(F) Dru..nk in Public PG COMMUNITY PROSECUTORS WEEKLY UPDATE ':~'~:'r:'i~:.::., '~,~ ,/ '~! r,' :, i ~!' ~ ~: ~' :' WARDTwo, :::,'~,,~i::' ,: ~r~ "' ':~ ''',''''':-- ~'' · ~' : = · ' -- DEFENDANT'S ' ...... 'C'P' : GE~" LoCATIoN ':W'ar i ..... CODE ~" NAME CASE NO. ~INITI AGE DER OF CRIM,E d VIOLATIONS SIMPLENAME DISPO* MR/ 2600 41 Smith, Gary BM692630 TB 20 ...M ,Chester.. Av 2 PC647(F) Drunkin Public PG 2600 PC647(F); Drunk in Public; Fal'se 42~Williams, Michael BM692630 MR 19 M ChesterAv 2 PC148.9 ID toOfficer 0 ~Gonzatez, 10 Spruce PC647(F); Drunk in Public; 43[Gregorio BM691998 MR 40 M St 2; PC594(B)(2) Vandalism PG Exhibition of speed' i'n - 44 Hassan, Maqso0d BM691337 HR 24 F 23rd/L 2i., VC23109 (C) :caron public road. PG Kentucky St PG PC460(B); Dismissed 451Br, own, Brenda BM688536 MR 42 F / Baker St 2 PC148(A)(1) Resisting Arrest PC487(A) PC148(A)(1); Resisting Arrest; PG 148 DismisSed 461Fac'o, Larry BM674877 HR 23 M 420 34th St 2 PC415 (1) Fighting in Public PC415 per agreement Quintero, Dismissed per parole 47 Fernando BM690313 HR 36 M 90t Real Rd 2 PC148.9 False ID to officer violation Gave to DA, we cannot PC591(B)(2)(A); ~roceed on a battery 48 Rails, Jason BM693781 HR 28 M 611 Beech 2 PC243(A) :Van.,d~lism; Battery ch, arkie , t525 Wall PC594(B)(2)(A); Vandalism; Drunk in Dismissed pe~ Civil ' 4~ Anderson, Andrew BM686937 HR 25 M StreetAly 2 PC647(F) Public Compromise 50!Wyatt, John ........ BM664208 MR 56 M 216 17th st 2 PC602.5(B) Trespassing ' ' 0 i Fowler, Wi'lliam .... PC647(F) Public Drunkenness, ' 51 Lee BM693251 AW 51 M 2001 H St 2 PC,415(1) Disturbing the Peace Failed to Appear, BW Lopez, Antonio 831 E. 19th ' 52 Angel BM691672.. AW 32 M St 2 .. PC647(F) Public Drunkenness Dismissed Dismissed per Plea ' 53 Lope.z, A. ntenio BM68830~ HR 24 M 725 E. 19th 2 PC647(F) Dr.u.nk in, public agreemnet 54 Morris, Daniel BM690661 HR 47 M .. 1822 18th St 2 PC647tF) Drunk in public !6 months DEJ Sumner & Sleeping In Public 55 Wright, Paul BM681910 TB 38 M Union 2 BM9.70.010(B) Place 0 COMMUNITY PRO. SECUTORS WEEKLY UPDATE '~ "~ .:' '~':'-. ~ .... ~ WARDTWO~'~ DEFENDANT's CP. GEN LocATioN:War ...,.. 'cODE NAME CASE NO INITI AGE DER OFCRIME d VIOLATIONS SIMPLE NAME DISPO* Selling Alcohol to a iDismissed in interests of 56Flores, Tomas BM692097 HR 51 M 212 E 18th 2 BP 25658(A). minor justice Sandra / S Resisting Arrest, Drunk 57 AIfonzo, Rafael BM691268 HR . 24, M Chester 2 PC148;,PC647(Ft in Public Dismissed 3030 San ' 58 Baena, Irene BM693693 HR . 54 F Dimas 2 PC148.5 F, atse Report to Officer 0 3125 59,Johnson, Anthony BM693796 TB 39 M California Ay 2 PC314.1 Indecent Exposure PG D'i'smissed per Parole i1000 Violation Sentence of 9 60 Otero, Tony BM693664 TB 48 M KentuckyAv 2 PC314.1 Indecent Exposure Months Stites, I Indecent Exposure; 61 Jon BM687612 HR 5,2 M 2222 F s,~ 2, , pc314.1; PC148.9 False ID to officer 0 ' Dismissed in t'~terests of 62'Herrera Antonio BM690851 HR 28 M 212 E !.8th 2 Pc415(I) Public Fi~ht.,ing , ustlce 2135 ' Pled to 148(A)(1) on 63 Lewis, Bobble, Ray BM691601 TB 18 M ,Chester 2 PC460 PC488 Burglary/PettyTheft BM691832 Borneman, ' ....... _64 Tamara BM662434 TB 33 F t622 3rd st 2 PC488 PettyTheft 0 65 Roberts,"'~Jerem)/ .... BM696177 HR' 20 U, 2316 Eye 2 PC594(B)(1) Vandalism ........ pG ' 2135 Pled to 1'48(Ai(1') on 66 Lewis, Bobble Ray,! BM691871 TB 18 M Chester 2 PC602(t) Trespass BM691832 2135 67 Lewis, Bobb!e Ray BM693810 ,TB 18 M Chester ,2 .... PC602(K) Trespass w/Injury Dismissed as part of a t600 E Plea deal on another 68 Watson, Apdl BM694956 TB 29 F Truxtun 2 PC602(M) ,, Trespass case 69Webster, Ernest BM692767 HR ~1 M 1500Q St 2 PC602(M), Trespass, PG 300 BIk of E PC647(A); Solicitation & Lewd Act! 70 Leal, Ricardo BM694130 TB 42 M 18th St 2 PC647(B) in Public FTA BW issued $10k COM.MUNITY PROSECUTORS WEEKLY UPDATE '~;" .... ' '" = ,: " ~ WARD TWo'.~ .~-. ! ;~ . ~. , '..i..~:,' ~ ~ ~ ..~ - DEFENDANT's ' " CP GEN LOCATION War ~ ~ ' CODE NAME . CASE NO INITIAGE DER. OFCRIME d VIOLATIONS SIMPLE NAME DISPO* Deferred Entry of Nelson, CaLifornia / Judgment. Hearing set 71~ Jesus BM695039 HR 21 M Oak 2 PC647(C) . Panhandling on 12/28/2006 1600'Blk Dismissed - Prob 72 Diaz, Ramiro BM695344 TB 35 M 19th St 2 PC647(F) Drunk in PUblic reinstated 1128 ., PG, $400 fine, 3 yrs 73 Garone, Daniel BM69436.5 HR 29 M Truxtun 2 PC647(F) . Drunkin Public probatt.on 3030 San PC647(F); Drunk in Public, 74iRamirez, Antonio BM693832 TB 21 M Dimas 2 PC594(B)(2)(A) Vandalism PG 1900 blk 75Saucedo, Raut BM693462 TB 24 M !Eye st 2 PC647(F) Public Drunkenness Bteeker, Michael Central Park Sleeping In Public Dismissed, Evidentairy 76Anthony BM696592 i TB 63 M 500 19th St 2 , MC9.;7.0.010(A) Place Problems iRowland, Tommy Central Park Def FTA BW issued 771Joe BM696134 TB 46 M 500 19th St 2 MCt2.56.050(I) Curfew Violation $10000 Rowland, Tommy Central Park Del FTA BW issued 78 Joe BM695809 TB 46 M 500 19th St 2 MC12.56.050(1) CurfewViotation $,10000 1114 _ 79 Aguilar, George BM697749 HR 41 M Monterey 2 PC148(A)(1) Resisting Arrest ,PG to 1,5 days work PC148(A)(L) Resisting Arrest, release, 3yrs prob. !Andriano, 1500 Wall PC243(B) Battery on Officer, Remaining counts 80 Alejandro BM695335 HR 25 M St. 2 PC647(F/ Drunkin Public dismissed per plea. Dunn, Thomas 1400 Block ..... 81 Tykei BM696752 TB 19 M of Truxton 2 PC148(A)(1) Resisting Police 1 YR DEJ Resisting Arrest, False Inyo & PC148(A)(1) Name to a Police Dismissed @ felony 82 Pr0.pps Raymond BM696930 TB 45 M Monterey 2 PC148.9(A) Officer . revocation hearing COMMUNITY PROSECUTORS WEEKLY UPDATE D ENDANT'S CP. :GEN LOCATION War CODE .... NAME CASE NO INITI AGE DER OF CRIME d VIOLATIONS sIMPLE NAME DISPO* 83'Vaughn, Michael BM697377, HR 44 M 1405 .L.a.ke St 2 OC!48(A){1) Resisting Arrest Dej, for one year iEtchecopar, PC594(B)(L) Vandalism, Drunk in 84 James . BM696809 HR 21 M 818 Real 2 PC647(F) Public 24 Hour Fitness/Shel pled to I ct~ 30days, I, Rosedale registry&probation, 85 Prardo, Nathaniel BM693512 TB 24 M Hwy 2 PC314.1 Indecent Exposure Dismiss on ct2 Doubletree ' ' Hotel, Rosedale Dismissed w/plea to 86Prado,..Nathaniel BM694063.: TB 24 M IHwy 2 PC314.1 Indecent Exposure BM693512 ~lndecent Exposure, 87iRunfalo, Jimmy BM697339 HR ...40 M :1218 19 St 2 PC314.1 Pc6471A). Lewd Actin Public 1420 Golden Burglary, Petty Theft PG to count 1, count 2 88 Johnson,.. Eugene BM697945 HR 42 M Sta, te 2 PC460(B) PC666 with Prior dismissed per plea. PC460(B) Commercial BurglAry, 3631 PC470(D) Bad Checks, Theft PG to count 2, counts 1 89 Obrien, Amber BM696399 HR 30 F California 2 PC4¢7(A) from a..Person and 3 dismissed per plea. Dismissed, defendant Rogers, Michael received 2 yr prison _90 Brent BM693858 TB 31 M 1325 K ST 2 PC594(B)/1) Vandalism sentence on TF004726 Vasquez, Paul 1600 Block Dismissed w/Plea to 9_1Rodrigu,.e~ BM679.691 .... T..B...46 M of 18th St... 2 . PC594.IB/(1).' Vandalism Bm698132, 6.5,days in jail ..92Juarez, Carlos BM693623 HR 41 M t224 19th St 2 PC647(A) Lewd act in Public PG to PC415(2) 100 E. 19th . 93iCooper, Blonnie BM692793 HR 55 F St 2 PC647(B) Soliciting Prostitution FTA, Bench Warrant 5k COMMUNITY-PROSECUTORS WEEKLY UPDATE I I:cP'l~ !G I °C I I C DE "I" '- · ' I' ' DEFENDANT'S ......... T ENvL"'F~.,~ATION' ar NAME I CASE NO I:lNI II'AGEI DERI RIME IdI VIoLATIoNS I SIMPLE NAME Zepeda, Linda 19th and Dismissed w/plea to 941Marie BM659318 TB 49 F Union 2 PC647(~/ ..... Solicitati.on . . BM653136 Failure to Appear, $2500 95 Fredric..k~ Henry BM695971 HR 53 M 500 tgth .,2 PC647(F) . Drunk in Public Bench Warrant Issued East 21st Drunk in 'Public, Galvan, Richard and Baker PC647(F) Sleeping on Public 96Mendoza BM695972 TB 46 M St 2 MC9.70.010(B) Pr0pe~ . PG I Dismissed, probation 1400 Kern i revoked, modified, & 97 Geo.r~je, Samuel BM697201 HR 25 M St 2 PC647(F) Public Intoxication :reinstated. 631 Baker _ 98 Garcia, Joe Frank BM696174 TB 37 ..M St. 2 PC647(H) Loitering PG Gonzales, Kenneth _ 99 Scott BM694995 TB 24 M 3315 Q St 2 PC647(H) Prowling CTS, (79days) 3y.rs prob. 100 Herrera.~ Rudy.. BM694995 TB ,18 M' '3315 Q st 2 'OC647(H) ProwlincJ 1701 Union .,101 Nava, Gary . BM695020 TB 54 M Ave 2 PC647(F) Drunk in Public 1701 Union r 102 Nava? Gary BM696052 TB 55 M Ave 2 PC647(Ft Drunk in Public Chester & ,,' _103 Rushing, Ranman BM696372 TB 23 M 29th ST 2 PC647/F) Drunkin Public ~'82~ Rosedale Petty theft w/prior; PG to count 2, count 1 104 Campbell, Tiffany. BM691523 AW, 26 F Hwy 2 PC666 / PC460/B) Ibucjlary non res dismissed per. pi..ea. near Selling Ruano, Susano Franklin icecream w/in 105 Jauregui BM697734 TB 45 M School 2 MC8.16.060 300 ftof a schoo~ 6 months DEJ 705 Petty Theft, Possesion 106 Ma~jana, V.!ncent BM698381 HR 18 M .Winchester 2 PC488 PC12020 of a Weapon COMMUNITY PROSECUTORS WEEKLY UPDATE 'DEFENDANT'S cPI GEN LOCATION War CODE NAME CASE NO. ilNITI AGE DER OF CRIME. d VIOLATIONS , SIMPLE NAME DISPO* 8t6 E 21st .. .. !07Gutierrez, Ricardo BM698324 TB 38 M ST 2 PC602(m) Tres,pass. i.n~ ......... Dismissed per plea to' 108 Comette Lacey. BM690857 HR 52 F 200 18th ST 2 PC647(F) Public Intoxication BM697207 ....... 170,1 un'ion ....... PG, 19 days in jail, 10 109 Cornette, LaceY BM697207 HR 52 F Ave 2 PC647(F) Public Intoxication wks AA, 3 ¥,rS..p~ob .. ..... 19th'a'~t ....... Dismissed per plea to 1101Cornette, Lacey BM697195 HR 52 F Union 2 F'C647(F,I Public IntoXication BM697207 ,Dunlap, William ..... 111OoleX . . BM695604 TB 23 M !.6!6 E)/e S,tl 2 PC647..(f.) Drunk in Public 415 infraction PG PG to count 2, PC4152, 19th and infraction, count 1 112 Gollehon, Kathryn BM698109 HR 35 F Eye St 2 PC64~(F) P..u,blic !n!oxication dismissed per plea 1500 Block Hernandez, Carlos of Wall St 113 Fortino BM697610 TB 21 M Alley ......... 2 PC647(F) Drunkin Public corner of ... Hernandez, Luis Baker and 1~14 Fernando .......... BM698114 TB 43 M California 2 PC647IF) Drunkin Public Hylton, 19th and 11_5 John BM697195 HR 53 M Union , ,2 PC647(F) Public Intoxication PC647(F) Public Intoxication, 116 Ineguez, ricardo BM698457 HR 42 M 1620 Baker 2 PC602(M) Tresspass PG Fastrip @ I Lampe, Jonathan Brimhall & ~1~17David BM697466 TB 19 M . Coffee 2 ..... PC547(f Drunk in Public Palomo, Donald 28th and .................... ~ 118 Vincent BM698282 TB 48 M Qst: 2 PC647 (f) Drunkin Public FTA BW issued $10k CP .GE DEFENDANT;S INITIA ND LOCATION OF Wa CODE NAME CASE NO LS AGE ER CRIME rd VIOLATIONS SIMPLE NAME DISPO* Dism ssed N. Chester Ave / (interest Of 1 Belt,.Jody BM686906 MR 46 M Riverbed 3 MC9.20.020 Camping in Public justice). Dismissed (in N Chester / MC9.20.020, interest of 2 SawTer, Mary BM686909 HR 45 F Riverbed 3 B) Camping in Public justice) 11000 Kern 3 Rankin, Vance BM688372 MR 20 M Canyon Rd 3 PC488 PettyTheft PG Dismissed (lack 41 Robbins, Jessica BM669305 HR 20 F 3901 Mt Vernon 3 pC488 Petty Theft of evidence) 1505 Columbus 5 Tovar, Richard BM685262 MR 27 M St 3 PC594(B)(2) Vandalism 0 ~' 3300 Redlands 6 Da. Il., Esteban Jr BM681129 MR 33 M Dr 3 PC314.t Indecent Exposure PG PG 488. Dismissed 853.7 2800 Mall View PC488; Petty Theft; Violation ifor plea , 7 Gonzalez, Jose BM6'33057 HR 29 M Rd 3 PC853.7 Of Court Order agreement 2604 Buck Dismissed (lack 8 Alvarez, Leslie BM690979 HR 28 F Owens 3 PC591(B)(1) Malicious Mischief of witnesses) Ocampo; _ 9 Fernando BM690671 HR 31 M 3401 Mall View 3 PC666 Petty Theft w/Priors PG 10 Ramos, Valentin BM690671 'HR . 31 M 3401 MaltView 3 PC666 PettyTheft w/Priors 0 2800 Mall View 11 Alcala, Martha BM695654 TB 20 F Rd 3 PC488 Pett7 Theft #REF! ... 1.2 Chavez, Michael BM69t099 HR 24 M 3401 Mall View 3 PC488 Petty Theft 0 2800 Mall View 13 Fonesca, Rosie BM695655 HR 21 F Rd 3 PC488 PettyTheft 0 ..... Cp GE ' ~ *'~' '~i~ DEFENDANT'S INITIA ND LOCAT!ONOF Wa CODE NAME CASE.NO LS AGE ER CRIME rd VIOLATIONS SIMPLE NAME DISPO* 'Sanchez, Pedro 2655 Mt. Vernon " 14 Lopez BM682872 TB 26 M Ave. 3 PC488 Pett~ Theft 0 2800 Mall View 15 Barron, Fermina BM688147 TB 23 F Rd 3 PC666 Pett)/Theft w/Prior PG 2800 Mall View 16 Manuz, Amanda BM695273 HR 29 F Rd 3 PC666 Pett7 Theft w/Priors !PG 4404-D Tierra 17 Robinson, Brian BM686552 TB 26 M Verde 3 PC243(A) Battery Dismissed Land, Labrea 2800 Mall View PC488, 18 Cheree BM695326 TB 18 F Rd, Mervyn's 3 PC243(A) Pett7Theft, Battery PG 2800 Mall View 19 Mozeke, Cerrita BM696345 HR 23 F Rd 3 PC488 Petty Theft Cts, 3 Yrs Prob. PC488 Petty Theft, SAO, Dismiss 20 Morris, Lavonza BM695656 TB 38 F 10 Union Ave 3 PC602(1) Vandalism ct2 Bultmanll, Marvin 100 block of ! 21 G. BM697904 TB 58 M Manor 3 PC647(A) Lewd act in public 100 Block of 22 Newsome, Randall BM697880 TB 48 M Manor 3 PC647(A) Lewd Actin Public PG 100 Block of 23 Wells, Lawrence BM697883 HR 57 M Manor 3 PC647(A) Lewd Actin Public PG CP GE DEFENDANT'S 'INITIA ND LOCATION OF wa CODE NAME CASE NO LS AGE ER CRIME rd VIOLATIONS SIMPLE NAME , DISPO* 8700 Rosedale ~ 1 Tosh, L!oyd, . "l BM658551, .... AW 22 M Hw',¢, . 4 PC148 Resisting anofficer 0 · ., 4300-BlockEaw : ' Obstructing an ' 2 Haltaday, Rebecca BM690112' M,R, 30 ~F Wa~/ ,4 PC148(A)(1) .Officer PG . . , , , Dismissed I~Ck. C0'n ne r, [9 i00 Rosedale 3 Christopher 8M689346 HR 19 M !Hw¥' ' 4 PC314.1iA) ii,decent ExPosure of complaining , ~ , witnesses Guitty PC460(B) ': ;8300 Rosedate ~PC460(B); Nonresidential ~ Dismissed 4 Fonseca, Philfip BM689792 AW 24 M :Hwy. 4,.PC487(A) Burglary;'shoPlifting PC487(A) ' Dismissed (not 9400 Rosedale 2erson.who wa~s 5 Taylor, Deborah BM686044 MR 40 F Hwy ~/4 PC488 i Petty Theft Cited) Bowser, R°byn - 205 Via I, ' 6 Lynn BM690742 HR ~ 44 F Esperanza 4 PC59t~ Obstruciing Electicity PG ,,, 7McCo¥,Teri BM682836 MR 25 F' 1415 Dunaire Dr 4 PC602(1) Trespass , , , C : . iPC460(B) ,Commercial 'Bismissed per 8300 Rosedate PC666 Burglary, Petty Theft Plea to PC666, 8 Freeb..Or~n, Jason BM693105 AW 21 M Hv¢/ 4 PC460(B) with a Prior 3 yrs Prob. ' 12104 Kin'g ' ' · 9 Harwetl, Dwayne BM693494 TB 33 M F sher 4 PC243(At Bakery 0 ' 9100 Roseda ~ ' ' PC460(B); Burglary/.Petty theft 10;,GibbS, Michael BM695361 HR 3,t. I M :,1Hwy '.4 PC666 w/priors ' ': ,,,,,-~ 0 'li iRo'mo, Richard BM693555 .HR , 42 M 4704, Polo.club 4 pC647(i) Peeking "12 Hemandez, Luis 9302 Camargo battery on peace , Ramire~ BM698220 TB 32 M Way 4 PC243(b) officer CP GE ' ' DEFENDANT'S INITIA ND LOCATIONOF Wa CODE NAME 'CASE NO LS AGE ER CRIME rd VIOLATIONS .SIMPLE NAME DISPO ~' ' " pGct3, '" · battery on PeaCe Dismissed ail " : iM0biie @ PC243(b)~ . officer, drunk in etherS, 3 yrs Schisster, Merrill ' ~ Stockdaie & PC647(f) ~ublic,' resisting )rol~i 30AA 13 Andrew' , BM697552 TB 45 M Alien. ...", .... 4· PC148(a)(11, arrest , meetings.. - '~' . :- Drunk in' Publicl 11.200 Stockdale i. PC647(F) False ID to a Police Nations, Joseph. ' * HWY, RiverWalk PC148.9 Officer, ParkCurfew` Shields BM697.840' TB 1.8 M 15ar. k'." .. . 4 MC12.56.050 Violation : DEFENDANT'S INITIA ND LOCATION~OF Wa CODE NAME CASE NO LS AGE ER CRIME rd VIOLATIONS SIM'PLE NAME DISPO* 8803 Camino 11Jamieson, Brock BM689125 MR 36 M Media 5 PC602{1) Trespass 0 White Lane & 2 Bristow, Brett BM692738 MR 31 M Gosford 5 PC647(F) Drunkin public 0 Dismissed per Ragasa, Rodrigo 8100 Block of Plea in 3iLagumbay .. BM690862 AW 58 M Bellows Ave 5 PC647(F) Public Drunkenness BM692966 Drunk in Public; 7513 Lordsburg PC647(F); Discharge of Firearmi 4 Alvarez, Rogelio. BM692621 HR 26 M ct 5 MC 9.50.010 w/o Permit PG PC415(2) Dismissed due VC23109 ( C to lack of ~ 5 Garza, James BM687916 MR 21 M 9100 Mincj av 5 ) Excessive speed evidence Cruz, David 700 block of 6 Negrete BM696229 TB 30 M Union 5 PC647(B) Solicitation I, 0 5 t5 Harvest MC8.27.010; .... 7 Mathison, Amie BM692158 TB 19 F CreekRd 5 UHC1001,11 Nuisance 0 8 7108 Lacoste Carver, Reid BM697311 HR 20 M Lane 5 PC148(A)(1) Resisting Arrest CP' GE ' '' '* DEFENDANT'S I.NITIA ND LOCATION OF Wa CODE NAME CASE NO LS AGE ER CRIME rd VIOLATIONS SIMPLE NAME DISPO :'- *'" : ~' ; '* '3501'Grassotti' ',. * ' ~bst~uctingan %.1 Hockley, Jasbn',, BM689554, - MR~ 21 M, Ct' '~' ' ' -6 pC148(A)i1i O[ficer Dismissed , -" '~ .'~ ,', ', - ' ' - . ' ,' , . 3501~ra i ".'-:'~ '?, .... : :T..2,Madrid,' n: '.BM689554 ' MR 'i ' 2.1" . 'M ~ cf*' ~' ::.' ,': "~ .';6 .p~ (A)()..i'officet - ..'. .- .'.': '~; '.~ '.," , '_:.'. ~,, -' Under ying cas ~. ~:.',~ ..,,.-...... ... ~, ..... . , . , . dismissed;. = ,. ,,, ,~., ...: , , .. v **' -,*-~ · , ': /.1,-:'-~ -' · · "" ~' "" ,- - - revoked, 15 " : ....... ' ..... ' :2425Westhblmej ' ~- ~' . . ' ~. - days'jail: and : 3,, ~'oSas;-Stell~"" ' ;,:BM6~865.. AW',, 46 ' F, Blvd , ~' ;" ",6 PC~i4S(A)(1). Re~isfin~ an officer`` AA m~etings · ~ ' ' . -' ' :,'Resisting~ '~ ' ': ' ;' · ........ :'.- , ~ ;' 'fiO148(A) 'Obstructing Arrest; PG PC1.48(A) 4: Lyons; Ma~hew :: ~BM6907~8 :' HR '19 ' 'M' ~401:Wible Rd '6' 'PC647(F) -' D~n'kin:Publi~' pC'647(F)~ , Adioas A~',. ' ~ PC647(F) Public Drunkenness' ~" ,7 Sihgh;;;'GUrde;~., .' , ' ...... * ', , : ". '"' "' __ 'BM6862~7 "Aw '46'~' M 340t w'ibie Rd ' ~ .'6 PC647(F) P'ubtic Drunkenness ,. ' . .."' ' ' .' . :.'""'' · " '",''.. ";.' : . ' -'. . .Prowlin¢~oiterng; PGPC466 G~[za, Marco '~ ~ M~, .,.r. PC647(H); possessioaof Dismissed , i. tonic., ' , . BM888957';'AW 20/. 'M ' view st.' ,' ., ', ' 6 ' ,PC4~ burglary tools · PC647(H)' . . .: .. .. DismisSed.. . · - (amended and "' "~.." .~ : ,:' '. / ' :- " Ming Ave/Stine :' VC23109(C Exhibiton0fspeed PGtoV~21710 -, 9Almaraz;.Daniel BM~9460 ~MR 19 M Rd ' '- . " 6~ ,) , . m-caton public road, Coasting), ~0 Shaw .B~an- "' . .BM69Ot26 MR · {8, M.,~,4406 Ming Ave" ~ PC488 Pe~'The~. PG': CP "~GE' ' ' : ' · '"" "' DEFENDANT'S. INITIA ND LOCATION OF Wa CODE NAME. ~ . CASE NO LS' AGE ER CRIME rd VIOLATIONS SIMPLE NAME DISPO* .~. ~.~, . :. 4- ' ' ' "'" '~' "'" ';." '- diSmissed'for ., ........ . . S terf G~ilty' '~ ' ' ~ ' :~' ~ ' ' ..... TreSpa s;'ln ering Plea ,Ragas, a;' Rodrigo "' ; ' " '~ ' "" ' PC602(M) ~ With ~ BUsiness - P~602(M), 3' yrs,: '.11Lagur~bay'; _ "' : BM692966 .' Aw 5~:' M 44~:~in~.A~e .-, ,.6~ PC6~,I(A) :Establishmedt'; ~.. Prob, ' ',' -,,. . .,,,;, ,.,.,:: : , ,,,' ' ';.,'" ,:; , ' ".,~ .. , '~ ~ '* .:Pc~7(I), , ~ .'. '::..' ',;,' ~pG647(i) and:: He~nandez; .... : .", ,.!: ~ . , ,.~ . ~ . , ,'.. ., ,i3Ernest6. ' ~'": BM653881"?-~H~', :52.;,'~ :~70~'Gosf~'fd'.~' "~"":~'pc666; '~' ;t4 Su~0k; MiCah '"' ,' BM692967; ' AW ;2~" :' :F ¢,C i; i: ~. . . . .;:~, ,., :, ;:.. ..... ;,-. ¢C.1¢8(A)(1) i Resisting'A~e~t PG,, , 1'SMedina;Edga[d0: BM693290, MR., t8 'M .4700:~Osfo~d 6" :PO460~B).~f.Vehicle: ;' ' PG 16i3a~kS0n,;Eri"c ':~- trM691233~;';RR~ '4'9 M Bi,Ut.,, .,'6.. PC488 :Pst~The~ ' 17 Williams; C~e~ BM69303~ HR~ 19 M :800i w-~ite,~,.~.',' 6 ;P~64~(A)'. ~eWd ACt;in,Public'''-, BG' * ' ~' ~ :; "~-':,,' ',;' 79~,6::S(~er ~ -" ' ;interests,of DavidSo'n,'Tommy ,BM6929'13,i':. ~ ;:' :2~ ,M B~rCh,' 19perez, d,ohnny ' ,,BM694958~" HR ~2~ M 4008,Mari~yn:~,,, ~ 6.~,-PC~7'(F~ D~un~inP~bliO ~u~tice , 6 'i" ,,PC415(i)' Challenge t0:Fight PG' ...... ' ' ',i L::"::' :, : .....'" · ..... ' - , , . , ~:., . . : .... .., PC594(B)(2); ,'"; , ~ , ;,. : , 20!Gar~;;Sh'~Se'', ": BM69~21 -HR ~: :~26' M" 5515 S~nny . 6 pC602(O) .vandalism;~re~pass 0 , ~ ,, .- . ,.. ..,,...,,;.:.;:,:,,c' ~ 4200BlkMing '- ., .. ¢.,,. ~ ~ . - ..,: .... '21 C~maritlb, JoeJr' ,BM69~87B ,.'~B '. 20' M/ Ave ';:,'- ~ 6 -. P0602 Trespas~ , "' P,G ' "' ¢¢. ' :':;:,'~,':~ "'" :, ':- ,-".,' ,,.,, ~:'-: ', :,,~ [',; · :'; :,,:: ' .~';,, '.!... ',,. ;' Annoy 0r MOlest Dismissed- ' .,. 22 ~ooPer~,~gomas. ?,eM6953~2~,.',~B,,, 35:,[:.,,M. [64-17Mihg:A~,, :,6, .,PC647.6 ,Mi,or · , '~rob reinstated 2'~ singh?::Gurdev" B'M6~4~:85 'HR, : 46' :"~" doO°'As~eRd ': "6 '" 'Po'e47fF¥: [Pub~ic'~;unkbn'n~** '"" ~ '' ~ ;.,24'p ..... ' ....... · , . ~ , : ,age, Frank BM687666 TB 29, M, 6301 Mmgay, ,,, 6 PC647(F) ~,Drunkin Public " ' ' ' ' m' =CP GE ........ '" ~" ~ DEFENDANT'S INITIA: ND LOCATIONOF Wa CODE NAME CASE NO LS AGE ER CRIME rd VIOLATIONS SIMPLE NAME DISPO* . ~ . . .. .~ .~ cOn4munity ~ 25 Va~ez,,Gilmar BM697069 HR. ~_2' I M"' Ming" S~rvice,. 3 Yrs · ~'nd stine ..' ~.6 "P01.48: Resisting Arrest · Probation ' ' ' .'' r PC460(B) Burglary'"F0rgery, ~" ; / ' ''' ..... '~': ..... ' ' ' " PC470(D) ',Receiving Stolen - .. 26 He'a~l, came ia ".j BM6~97852 "TB '~42 '.F 4530 Min9 Ave`` · 6 PC496(A) ', PrOpbrty . Hernandez, ' ' '" :' ' ' ' ' ..... "'"'," '~ ' 3600 ~WilsOn' Rd. PC460(B) --' '. ' 27 AlfreSoL'u~lo ' ' BM697~i34;-:qLB '28 "1~! K-Mart. ~; .,,i .:" 6' PC241(A)- 'La ' :;" , .rcen¥, Batteq/ PG t.' 28 vargas, Mar(~b ' 8M69~0~2 ~'~TB'i~; ~.~ii~ ;'~w g (i :'4100'Min ~ve.-~ 6' Rceo2 M/,~Trespa'~s" .'" SAO ? ,29Bohannbn, AcOy ' BM697213 '.HR ' ~8' , ' ,, :,,., ,: ,,,i,, , .: ". , FTA,.$'i.0, kBW i: M"900 V'8~lhalia . , '6' PC647(F) PUblic rnio~icaiiOn~ ,isSued - , ~ '" !5000.Beit~'' ' ' ' / " "' "PG, 3 ,,30 oas:tilb, G:tlbedo~ ,:BM694937 ,HR. 26 . M ;TerraCe, '.~:~' 6. ""PC647(F) Drunkih-Publlc., Probation' .-, . . ,....,, i,-.. 3800;D~qranno.. ' 31 Ordaz'Maria BM675908 "' TB 33 i~ 'F-AVe .... ' .~ ' 6 PC594(b)(2) Vandalism '¢ ~' r '" ' ',3600.Wilson :Rd, .,PC4°60(B) ' ' ' · ., 32 R°driguSz,'.An~l¥ I BM697930 TB., .21 M i-'Ma'rt .,' 6 'PC488 ByrglalrY, petty Th;ftlPG' · ~.: · : ...... .. , ;4~pO!Blockoi , . , ' ,, . ~ ....... ~3Bess;",M~rk, ,.j .8M896~,t8 'T8 19. 'M Ming:" '- 6,,' PC602(M) TrespaSs ,. ".,,"- . ' SE~/'EN .... cP GE ' '" ............. " ' ' ' DEFENDANT'S INITIA ND LOCATION OF Wa CODE NAME CASE NO LS,, AGE ER CRIME rd VIOLATIONS ,SIMPLE NAME DISPO* Resisting / . I H,aynes IIl,,Cliff, ord BM690740 HR 35 U' 2311 ,Pla,nz, 7 ,P..C.1,48(A) Obstructin~l Arrest PG 2 A~,ala, Alic!a BM690064 AW 49 F 2501 M!n~ Ay 7 PC488 Shopliftin~ PG 3 Gomez, Maria BM682434 MRTB 53 F :2~01...MincJAv .... "' .... PC4~8 Shoplifting " 0 .4 Jara, Adriana BM687537 MR 28 ' 15 3100 Min~ Ave 7 PC488 Shopliftin~l PG 5 Singh, Ja,~ldeep BM689§37 A'w 22" M 25'01 Ming. ~V 7 PC488 Shoplifti.n~l ......... 0 ~ 6 Sparks, Wayne BM684432 "A~/' 35 M 3001 U,incj Av 7 PC488 Shop!iftin~ 0 7 Merboth, Norman BM6.88338 MR 36 M 2412 Bernicg; St ~7 PC594(B)(l/ Vandalism Dismissed · Dismissed (Parole Hold on ~ 8 Cartwrigh,t, Ernest BM689411 HR ~25 ' M 2851 White Ln 7 PC6471F) Drunk in Public Defendant) PC647(F); !Drunkin Public; 9 Watson, Demetric BM687866 HR 22 M 2851 White Ln 7 PC148(A)(1) Resisting Arrest ...i 101 Esters; JOhnny BM689606 AW '36 M 2501' .Ming Av 7 PC666 Petty Theft w/prior.,,' PG ~ Dismissed in ,interests of 11 Vincent, Kev!n BM6906g9 HR ~. 41 M 3001 Ming Av' 7i PC666 Petty Theft w/prior , justice PC416, Refusing to 12 Brown, Dailee BM691469 HR 19 M 2701 Ming 7 PC602.1 Disperse, Trespass 0 PC416, Refusing to 131Calloway, irvin · BM691469 .HR 19~ M 270i Ming 7 PC602.1 Disperse, Trespass 0 34ii Kimmie . 14 Burns,,BrYndle BM690999 HR 19 F Rachelle Ct 7 PC647(F) Drunkin public . PG Dismissed for ' Insufficient i51Ray', William. BM692375 HR 19 M' 6321. Monitor St ~ PC647(FI} Rrowlin~l Evidence Th°mps°n~ Annoy or Molest 16 Dennis BM689779 HR 38 M 6401 s.,,H.' 7 PC647.6 Children PG 17 Talamantes, Petty Theft With Saivador ' ? B,M692160 ~. AW 21 M 2705 SHSt 7 . PC666 Prior PG CP GE , , ..... DEFENDANT'S INmA ND LOCATION OF wa CODE 'NAME' CASE NO LS AGE EF~ CRIME rd VIOLATIONS SIMPLENAME DISPO* Mota, Esteban . ' 18 Miguel BM689671 AW 18 M 2501 Ming Av 7 PC488 Shoplifting PG ..,1.9!Carter.,, Rachele .... BM6'~'~7.5t HR 24 F 3220 Ming . 7 PC488. .... pe~.,Theft ....... '0 201James, Amber BM692034 MR/TB 31 F 3001 Ming Ay.. 7 PC488 Petty Theft PG '~ 21iPatchin, Paul BM691236 MR 41 .'M 2501 Ming Av 7 PC488 Pe, tty Theft 0 ' 221Trejo,'Raymlinda BM691412 MR i0 F 2501 Ming Ay, 7 PC488~ Pe..t-t7Tt~eft 'PG ...... Conditional Dismissal - !Singh, Avtar Pacheco Rd, Fleadng set for 23 Dhate.wal .. BM693830 AW' 21 M Eas~.,of Stine __ 7 .PC647/F,) Public Drunkenness 02-13-07 24 Joslin,.Ronald .,, BM693291 HR 35 M 12000 Bradley . 7 PC666 Petty 'rhe~...w/Priors PG DismisSed in interests of [. 25 Macias, Danny BM694t09 HR ~ 19 M 2705 S H St 7 PC666 Pe,tly Theft W/Priors justice panama Ln / '" Dismiss w/Plea 26 Collins, Georgetta BM695333 TB 40 F Monitor 7 PC148.gtA) Fa!~e Id to police BM696480 Anderson, 3408 LOyalton ' '~ PosSessi°n of 27 Dametriaus BM695018 TB 1~ M Ave #B 7 'PC466 !Bur~llary Too s #REF! 28 Jackson, Joseph BM672733 HR 23' M" 2701 Mir~g. ~ PC488 . !Petty Theft' PG ..... I'i .2'9 RoPerl Christina BM695095 HR 30 '~ 2501 Min~.?v 7 PC488 Petty Theft 0 30 Lewis, Bobble BM6938.10 TB 18 M 1912 V~ible Rd 7 PC602(K) Trespass " ' 0 DiSmiss w/plea , 31! Collins, Georgetta BM695973 TB 40 F 4205 Monitor-St 7 PC602(M) TresPass ' ., BM696480 ' o. Di'smiss w/piea' 32 Cotlin, Geoigetta BM69534~ TB 40 .F.. ,4205 Monito? St 7 PC602(M) Trespass BM696480 ' "~ PC602(M); Trespass, & PG 148(A)(1); 33 Cotlins~ G.eorgetta BM696480 TB 4q F 4205 Monitor St 7 PC148(A).(1.) Resisting Arrest Dismiss 602 3400 Kimmie . 34 Rios, Jose BM694177 HR .21 M Rachelle Ct .'... 7 PC647(F) Drunk in Public 0 cP 'GE. .... :DEFENDANT'S INITIA ;'ND LOCATION OF Wa CODE ,, NAME CASE NO LS AGE ER CRIME rd VIOLATIONS SIMPLE NAME, DISPO* .- . Dismissed, ' ' . t.ltegat Registration to Defendant , · ELC18100(A) vote, Fraudulent completed CS 35i Kaur' Manjit , .BM682284 TB . .2.4 F 2701 Ming., 7 ELC18560(A1 ,Vote hours Hughes Lan ..... Dismissed in the l dand Ptanze interest of the 36iJennin~is Devonte BM69694.5, HR 33 M Road ,, 7 PC148/A/(1) Resisting Arrest Justice 'i~'efendant is ~ ~incompetent to 37 Pittman; EdWard BM6975i5 HR ,53 M 2701 Ming 7 PC148(A)(L) Re,sistin~l ~Arrest istand !,dal ~ Dismissed for . .- 6309 Ringsdale False ID to an Evidentiary ., 38 Sukhiia, Sukhpal, BM696288 TB 35 M Court ...i 7 PC148..91A/' Officer Reasons Resisting Arrest, PC148(A)(L) Drunk in-Public, PC647(F) Minor in Possesion 39iYoung, Terrell BM695297 HR 18 M ':3408 Loyalton .7 BP25662 of Alcohol ~ ,. ' PG to Count 2, count 1 PC3t4.t Indecent Exposure, .dismissed per ! 40 Oneai, Jonathan BM696~5~ HR 25 M ~4300 Balboa 7 PC647(At Lewd Act in Public Plea. 41AIfrehat, Laman BM69~075' HR 35 F 2801 ~i~l ? PC488 PettyTheft PG ...... ' ' Dismissed, in · ' · interests of 421Dillard, Roy: BM697249 HR 44 M 2705 S H St 7 PC488 Petty Theft ustice " FTA, B'W issued] 431 Ha. dson~ Tyke!sba BM684592' TB 19 F 3001 Ming Ay I 7' PC488 Petb/Theft ' $1,0k DismiSsed, Lack - Warner, Brandon, . of Cbmpaining '. 44 Dale BM693858 .. TB 27 M 3535 S. H ST , 7.. RC594(B)(I) Vandalism' Witness ~ 45 Montiel, Emilio 'BM696174 .-HR 21 M ,~40~13. S'. H: st. 7 PC602(K) Trespass ... Dej for one year .... Cp GE. DEFENDANT'S INITIA ND LOCATION OF Wa CODE · NAME CASE NO .LS AGE ER ,, CRIME rd VIOLATIONS .SIMPLE NAME DISPO* DiSmissed, ~ Moulton, Justin Evidentairy 46Lee . ....... BM696436. TB 18. M 40'i3S. H si 7 PC602(K) TreSpass '~ Problems Stabs, Jason . 1 YR DEJ & 47! Aaron BM696436 TB 19 M 4013 S. H st 7 .PC6.02(K) Trespass SAO · 48 Barbosa, Ricardo -BM6965.73 HR 37 'M ~400 DaYton' 7. pC647(F) i P.ublic ltitoxicaton 3500 Block of 31ed to Ct1,3yrs- 49! B°tel!o., Alexis .... BM69721,0 TB 20 F Balboa 7 PC647(F) !Drunk in Public Probation Jury Trial, guitbj ~ verdict, 90 days In jail, 3. yrs probation, ,' - stayaway from 50 Borden; Judith BM698379. HR 49 F 2501 Mincj Av 7 PC666 Petty. Theft w/Prior JC Penn}/. ~, PC460(b) ...... Hudson, Beth JC Penny @ PC488 Burglary, Petty Theft, 511Marie BM698750 TB 38 F ValleyPlaza Mall 7 PC272 Inducing a Minor R°mango, Shawn Target, 1300 52! Michael BM696283 MR ' 25 M Wible Rd ~ PC488 Petty Theft PG ' 53;, Wa~)er; ..~ J~nnifer'', BM697763 HR 18 F, ,, 2701,. Ming 7 PC488 Petty Theft "' , Watson, james .: Dismissed-' evidentiary · 54jBHgham . . BM696264 TB ,20 M 4013 H ST 7 PC602. Trespass, problems Annoy or' Molest 55 Ftayden, Brad BM697087 HR 42 M 2701 Ming 7 PC647.6 Minor Labaoca, Ginger ' CTS,, def on - 3arole, vyill be 56 Sally . . BM69891,2 TB 32 F 280.1 Ming Ave ' 7 PC666 Petty/Theft' w/Prior ,violated · PUBLIC STATEMENTS SPEAKER'S CARD Leqislative and Litiqation Committee of the City Council Committee Meeting Date ~/// /? ~/~ You are invited to address the Committee under Public Statements on any subject that is listed on the Committee Agenda. Public statements are limited to three (3) minutes per speaker. The Committee may, by simple majority vote, waive the time limit. No action will be taken; this Committee gathers information and reports back to the City Council. Please fill out a Speaker's Card and present it to the Committee Chair: Councilmember Zack Scrivner Organization: _ Address: //-/~?// / '~7-~ ~. ADMINISTRATIVE REPORT I MEETING DATE: September 13, 2006 I AGENDA SECTION: ConSent Calendar I ITEM: [~,~, TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ,~'. DATE: August 31, 2006 CITY ATTORNEY CITY MANAGER ~ SUBJECT: An Ordinance of the Council of the City of Bakersfield amending Chapter 9.23 of the Bakersfield Municipal Code relating to loud and unruly events. RECOMMENDATION: Staff recommends adoption of this Ordinance. BACKGROUND: First reading of this Ordinance took place on August 30, 2006. The Legislative and Litigation Committee has been working to revise Chapter 9.23 of the Municipal Code to address loud or unruly events. The current cost recovery provisions for such events are triggered when police or fire personnel respond to the same event twice within a twelve hour period. The revisions proposed here would extend this period to thirty days, and would allow recovery for a second response or any subsequent response within this time period after an initial warning is given. The amount of recovery will be established each year pursuant to Municipal Code Section 3.70. It was suggested by a member of the community that a "Cool Parents" ordinance, similar to the one adopted by Kern County, also be considered for adoption. These provisions would impose a civil penalty on persons responsible for loud or unruly events where alcohol is served to underage persons. A responsible person is subject to the civil penalty of $1,000 even if he or she is not present at the time. Further review of the ordinance revealed that Section 9.23.130C, regarding administrative writs, is inconsistent with language contained in Section 1.36.010. Therefore, Section 9.23.130C has been deleted from this final version. September 1, 2006, 8:36AM S:\COU NClL~Ad mins\06-07 Admins\9.23AddCoolParentsOrd2.doc ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 9.23 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO LOUD AND UNRULY EVENTS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 9.23· of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 9.23 LOUD OR UNRULY EVENTS Sections: 9.23.010 purpose. 9.23.020 Findings. 9.23.030 Definitions. 9.23.040 Responsibility for Property Management 9.23.050 Warning issued at time of initial response. 9.23.060 Civil liability for the costs of a second or subsequent response to a loud or unruly event. 9.23.070 Penalty and amount of service fee'. 9.23.080 Assessment of service feb 9.23.090 Notice of assessment of service fee. 9.23.100 Payment of service feet 9.23.110 Loud or Unruly Events where alcoholic,beverages are served to, or consumed by, underage persons. 9.23.120 Protected activities. 9.23.130 Right to Appeal Administrative Citation and Service Fee to the City Manager. 9.23.140 Enforcement. 9.23.150 Severability. 9.23.010 Purpose. This Chapter is adopted pursuant to Article III of the City Charter in order to provide a means for recovering the costs incurred by the City for the City police and fire department personnel participating in a second or subsequent response to a loud or unruly event from the person or persons responsible for such event or multiple responses to multiPle loud or unruly events at the same address. S :\COUN ClL\Ords\06-07 Ords\9.23.CoolParentsAmdOrdFina].doc -- Page 1 of 9 Pages -~ Further, this Chapter is intended to deter the service to, and conSumption of alcoholic beverages by underage persons. This purpose is implemented by the imposition of a civil money penalty against social hosts and landowners (including landlords) for loud or unruly events where alcoholic beverages are served to or consumed by, underage persons. A violation of this Chapter shall be a civil offense separate from any potential criminal implications. As such, violators may be subject to the civil remedies available to the City of Bakersfield, such as fines, restitution and abatement measures. Further, unlike criminal offenses, a violation of this Chapter does not carry the possibility of incarceration. - 9.23.020 Findin_~s. The City CounCil finds as follows: A. That personnel from the City police and fire departments spend a significant amount of their time responding to loud and unruly events as defined in this Chapter; B. That frequently, police and fire department personnel are required to respond a second or multiple times to the same loud or unruly event after warning the person or persons responsible for such event that -the event is being .conducted in an unlawful manner and must be terminated and that frequently, a response is required because those responsible failed to take the steps necessary to terminate such unlawful conduct. C. That frequently, police and fire department personnel are required to respond multiple times to the same address for multiple loud or unruly events after warning the person or persons responsible for such events that they are being conducted in an unlawful manner and that frequently, a response is required because those responsible failed to take the steps necessary to prevent the occurrence of further unlawful events at that address. D. That it would be appropriate to recover' from the person or persons responsible for a loud or unruly event the costs incurred by the City for the police and fire department personnel participating in a second or subsequent response to an address in those situations in which such person or persons were duly wamed at the time of the initial response that 'a service fee would be assessed against them if further responses were required due to the continuation of the unlawful event or the occurrence of future unlawful events. E. That the occurrence of loud and unruly events where alcoholic beverages are served to, or consumed by, underage persons is harmful to the underage persons involved and a threat to public health, safety, quiet enjoyment of residential property and the general welfare. Underage persons often obtain alcoholic beverages at events that are under the control of a person who knows, or should know, of the underage consumption of alcohol. S:\COUNCIL\Ords\06-07 Ords\9 23 CoolPm'eatsAmdOrdFiaal.doc -- Page 2 of 9 Pages -- F. That in many cases, persons having possession or control of property who are responsible for the occurrence of loud or unruly events on that property have failed to ensure that alcoholic beverages are neither served to, nor consumed by, underage persons at these events. Furthermore, problems associated with loud or unruly events where alcoholic beverages are served to, or consumed by, underage persons are difficult to prevent and deter unless the Bakersfield Police Department has the legal authority to direct the host to disperse the gathering. G. That law enforCement, fire and other emergency response services personnel have, and are required to, respond, sometimes on multiple occasions in the same calendar year, to loud and unruly events resulting in a disproportionate expenditure of public safety resourCes and delaying official responses to regular and emergency calls in the rest of the .City of Bakersfield. Additionally, underage drinking at such events has resulted in disproportionately higher numbers of underage persons ddving while intoxicated, increased social violence, and incidents of sexual assault. 9.23.030 Definitions. For purposes of this Chapter~ the following terms are defined as follows: A. A loud event means an event or incident which results in any loud or unusual noise which disturbs the peace and quiet of a neighborhood or which causes discomfort or annoyance to anY reasonable person of normal sensitivity residing in the neighborhood and is unlawful under the provisions of Chapter 9.22 of this Code; and B. An unruly event is any event or incident which threatens the public health, safety or welfare and is unlawful under the provisions of this Code or the laws of the state. C. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spidts of wine, from whatever source or by whatever process produced. D. "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and which contains one-half of one perCent or more of alcohol by volume and which is fit for beverage purposes either alone Or when diluted, mixed, or combined with other substances. E. "Juvenile" means any person under eighteen years of age. F. "Underage person" means any person under twentY-one years of age. G. "Persons responsible," for pur. poses of this Chapter, a person over the age of eighteen (18) shall be considered to be responsible for an event if: S :\COUNCIL\Ords\06-07 Ords\9,23.CoolParentsAmdOrdFinal.doc -- Page 3 of 9 Pages .... 1. Such person is entitled to possession of any private property on which the event occurs, either by reason of the fact that such person is an owner entitled to possession of such property or by reason of the fact that such person is a lessee or tenant entitled to possession of the property; or 2. Such person is entitled to the use of any public property on which the event occurs by reason of any permit or entitlement issued to such person by the City or any other governmental agency Owning or otherwise controlling the propertY; or 3. ' Such person accepts responsibility for the event. A responsible person for a loud or unruly event need not be present at such event resulting in the response giving rise to the imposition of civil money penalties or response costs. Prior knowledge of the loud or unruly event is not a pre-requisite to a finding that any specific individual is a responsible person as defined by this Section. 9.23.040 Responsibility for Property Mana.qement. Every owner, occupant, lessee or holder of any possessory interest of a property within the City of Bakersfield is required to maintain, manage and supervise the property and all persons thereon in a manner so as not to violate the provisions of this Chapter. The owner of the property remains liable for such violations regardless of any contract or agreement with any third party regarding the property. 9.23.050 Warning issued at time of initial-response. Where personnel from the City police or fire department responding to a loud or unruly event determine that the event can be terminated or otherwise appropriately addressed without arresting or citing the person or persons responsible for the event, such police or fire department personnel may issue a warning to any person responsible for the event in lieu of arresting or issuing a citation to such person or persons for the loud or unruly event. Such warning shall set forth the date and time of the initial response, a brief description of the unlawful activity complained of and/or observed at the event, the address of the property on which the event occurred, and a statement that if City police or fire department personnel are required to respond a second time or a subsequent time to the same address because of the same event or another event within a thirty day period by reason of the fact that the event continues to be conducted in an unlawful manner or by reason of the fact that future events are loud or unruly events' as defined in Section 9.23.030 of this Code, such person or persons will be assessed a service fee for the City's second or subsequent response costs in the amount provided for by this Chapter. Such warning shall also state that the service fee, if any, shall be in addition to any cdminal fine or other sanction arising out of any arrest of such person or the issuance of a citation to such person as a result of such response or responses. Any person issued a wdtten warning in the manner provided for by this Section shall sign the warning acknowledging receipt thereof. At a loud or unruly event where alcohol is served to an underage person or persons in violation of Section 9.23.110 of this Code, an administrative citation for violation of Section 9.23.110 may be issued in addition to a warning for the loud or unruly event. S:\COUNCIL\Ords\06-07 Ords~9.23.CoolParcntsAmdOrdFinal.doc · ,. -- Page 4 of 9 Pages -- 9.23.060 ' Civil liability for the costs of a second or subsequent response to a loud or unruly event. Any person or persons responsible for a loud or unruly event shall be civilly liable to the City for a service which fee shall represent all costs incurred by the City arising out of a second or subsequent response which is made by the City police or fire department to an address where: A. Any member of the police or fire department initially responded to the same address during the preceding thirty day pedod; B. At the time of making such initial response, personnel frOm the City police or fire department warned such person or persons, in writing, that the event was being conducted in an unlawful manner, and that if police or fire department personnel were required to respond a second time or multiple times to the address because of the same loud or unruly event or other loud or unruly events, such person .or persons would be assessed a service fee for the City's response costs in the amount provided for by this Chapter; and C. Following such initial response, the City police or fire department were required to respond a second or subsequent time to the same address by reason of the fact that either the event continued to be conducted in an unlawful manner, or another loud or unruly event was held-in an unlawful manner at the same address, notwithstanding such previous written warning. 9.23.070 Penalty and amount of service fee. ' ' In addition to the penalties provided for in Chapter 1.40 of this Code or Section 9.23.110 of this Code when appropriate, the City of Bakersfield may assess the service fee specified in Section 9.23.060 pursuant to Chapter 3.70 of this Code if the City has satisfied all the conditions stated in Section 9.23.060. 9.23.080 Assessment of service fee. Where the Chief of Police or his designee determines that a second response or subsequent response has been made to a loud or unruly event within a thirty day period following the initial response to the same address, the Chief of Police or his designee shall assess a service fee against any person or persons responsible for the event who was issued a written warning at the time of the initial response to the event in the manner provided by this Chapter. Such service fee shall be determined pursuant to Chapter 3.70 and shall be consistent with the costs incurred by the City for all of the · police and/or fire department personnel participating in the second, or subsequent response, or the sum of one thousand dollars, whichever is less. Where two or more persons are assessed a service fee for the same response to a loud or unruly event, all such persons shall be jointly and severally liable to the City for the full amount of such fee. Each response by City police or fire department personnel is a separate event, and a corresponding service fee may be assessed for each such response that occurs within thirty days after an initial warning is given. S:\COUNCIL\Ords\06-07 Ords\9.23.CoolParentsAmdOrdFinal.doc -- Page 5 of 9 Pages 9.23.090 Notice of assessment of service fee. Upon a.determination to assess a service fee or fees against a person or persons responsible for a loud or unruly event or events, the Chief of Police or his designee shall cause notice of the assessment to be served on such person or persons by depositing such notice, first class postage prepaid, in the United States mail addressed to each person at each person's last known address, in addition to setting forth the amount of the service fee. 9.23.100 Payment of service fee. Every service fee assessed upon a person or persons responsible for a loud or unruly event in the manner provided by this Chapter shall be due and payable on' or before the last day of the month immediately following the month in which notice of the assessment of the fee was mailed to such person. In the event of the failure of a person assessed a service fee or fees to pay such fee when due, a delinquency penalty of ten percent shall be added to. the fee on the last day of each month after the due date thereof; provided, however, that the total amount of such penalties shall not exceed fifty percent of the fee or fees. In addition,' in the event of the failure of a person assessed a service fee or fees to pay such fee or fees when due, such person shall be assessed interest on the amount of the delinquent fee or fees, exclusive of any penalties thereon, at the rate of one percent per month, or any fraction thereof, from the date the fee or fees first became delinquent until the date the fee or fees is paid. 9.23.110 Loud or Unruly Events where alcoholic beveraaes are served to, or consumed by, underage persons. A. It is a civil violation of this Chapter, and a public nuisance constituting an immediate threat to public health and safety warranting sUmmary abatement, for any responsible person to conduct, or allow a loud or unruly event at which service to, or consumption of alcohol or alcoholic beverages by, underage persons occurs. Each responsible person found in violation of this section will be individually subject to the full civil money penalty of $1000, irrespective of the number of persons held liable for the same event. B. Nothing in this section shall be construed as a waiver by the City of Bakersfield of any right to seek reimbursement for actual costs of response services through other legal remedies or procedures. Imposition of a service fee or fees under 'section 9.23.060 of this Code is separate from the civil penalty of this section and may be imposed in addition to the penalty described in this section. C. Any loud or unruly event at which service to or consumption of alcohol or alcoholic beverages by underage persons occurs constitutes a public nuisance and an immediate threat to public health and safety and shall be summarily abated by the Bakersfield Police Department by all reasonable means including, but not limited to, an order requiring the event to be disbanded and citation under this Chapter as well as an administrative citation and/or arrest of any law violators under any other applicable ordinances and state statutes. · S:\COUNCIL\Or0.~\06-07 O~ds\9.23.CoolParentsAmdOrdFinal.doc -- Page 6 of 9 Pages -- D. The City Attorney and the Bakersfield Police Department are authorized to administer and enforce the provisions of this section. The City Attorney and the BakerSfield Police Department may exercise any enforcement powers provided by law in executing this section. E. The Bakersfield Police DePartment shall issue a citation to any persons found responsible for the loud or unruly event involving service to or consumption of alcohol by underage individuals. The citation will be issued at the location of such an event, at which time the responsible person(s) shall sign his/her name to acknowledge its receipt. 9,23,120 Protected activities, · This Chapter shall not apply to activities Protected by Article I, Section 4 of the " Califomia Constitution. 9.23.130 Right to Appeal Administrative Citation and Service Fee to the City Mana_~er. A. A responsible person who is subject to civil liability or a penalty pursuant to Section 9.23.060 or 9.23.110 may contest by filing an appeal with the City Clerk within ten (10) days from the date of the issuance of the administrative citation or service fee mailing. B. The City Manager may reverse, affirm wholly or partly, or modify the administrative penalty or service fee. The decision of the City Manager on any .such appeal shall be final on adoption of an order containing its determination. Notice of the final decision shall be Served by certified or registered mail on the affected persons. 9.23.140 Enforcement. The City or its agent may use all legal means to. enforce the assessment of the any service fee or fees or administrative penaltY or penalties. The City or its agent may use all legal means to enforce any judgment obtained against the responsible parties including but not limited to recording an abstract of judgment and wage garnishment.' 9.23.150 Severability. If any section, subsection, sentence, clause, phrase or pOrtion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion thereof. S :\COUNCIL\Ords\06-0? Ords\9.23.CoolParentsAmdOrdFinal.doc -- Page 7 of 9 Pages -- SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ....... oo0oo ...... S :\COL~CI L\Ords\06-07 Orals\9.23 .CooIPar e-at sAm dOrdFin al.do c -- Page 8 of 9 Pages - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNClLMEMBER ABSTAIN: COUNClLMEMBER ABSENT: COUNClLMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: By: HARVEY L. HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW WHANG Associate City Attorney S:\COUNCIL\Ords\06-07 Ords\9.23.CoolParentsAmdOrdFiaal.doc -- Page 9 of 9 Pages -- Page 1 of 1 Jean Parks -.Legislative and Litigation Committee Meeting From: John W. Stinson To: jmlpolyn@earthlink.net Date: 8/31/2006 8:37 AM Subject: Legislative and Litigation Committee Meeting CC: Jean Parks Mr. Polyniak, Sorry to hear about your father. I am now staffing the Legislative and Litigation Committee due to the departure of Alan Christensen. I spoke with the Committee Chair, Zack Scrivner, and there is no problem deferring the issue until next month. The next meeting is currently scheduled for October 10th. Please contact me if you have any questions. John John W. Stinson Assistant City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 661-326-3751 661-852-2052 fax jwstinson@bakersfieldcity.us file://C:~Documents and Settings\jparks\Local Settings\Temp\GW}00001.HTM 9/8/2006 Page 1 of 1 Jean Parks - Re: Legislative & Litigation Committee Meeting Agenda From: "M Polyniak" <jmlpolyn@earthlink. net> To: "Jean Parks" <Jparks@bakersfieldcity.us> Date: 8/30/2006 11:07 AM Subject: Re: Legislative & Litigation Committee Meeting Agenda Jean, I am having a bit of a family emergency. My 79 year old father who lives in Pennsylvania, fell down a flight of stairs. He's been falling down a lot lately; and I'm going back to PA for about a week or so to help mY mom out. I will be returning home on September 13th. I have left a message on Zack Scrivner's Cell Phone requesting a delay of the Cat Ordinance for one month. Do you think that's possible? Regards, Mike Polyniak ..... Original Message ..... From: Jean Parks To: M Polyniak Sent: Monday, August 28, 2006 2:36 PM Subject: Re: Legislative & Litigation Committee Meeting Agenda Nike, The next Legislative and Litigation Committee meeting is scheduled for Tuesday, September 12th at 1:00 p.m. At this time the cat ordinance is on the next agenda. ! will let you know if anything changes and will e- mail the next agenda to you when it is ready to go out. Usually on Friday before the meeting. Jean 326-3752 City Manager's Office >>> "H Polyniak" <jmlpolyn@earthlink.net> 8/28/2006 2:25 PH >>> Jean, Is there going to be a Legislative Committee meeting tomorrow? Is the Cat Ordinance on it? Mike Polyniak ..... Original Message ..... From: Jean Parks To: Mike Polyniak Sent: Friday, August 11,2006 4:19 PM Subject-' Legislative & Litigation Committee Meeting Agenda The agenda for the Legislative and Litigation Committee meeting scheduled for Tuesday, August 15th, at 1:00 p.m. in the City Nanager's conference room is attached. file://C:~Documents and Settings\jparks\Local Settings\Temp\GW}0000.1.HTM 9/8/2006 Page 1 of 1 Jean Parks - L & L From: John W. Stinson To: Jean Parks Date: 8/31/2006 8:52 AM Subject: L & L Jean we are cancelling Leg & Lit for Sept 12th. Thanks. file://C:~Documents and Settings\jparks\Local Settings\Temp\GW}00001 .HTM 9/8/2006 Page 1 of 1 Jean Parks - Re: Legislative & Litigation Committee Meeting Agenda From: "M Polyniak" <jmlpolyn@earthlink. net> To: "Jean Parks" <Jparks@bakersfieldcity. us> Date: 8/30/2006 11:07 AM Subject: Re: Legislative & Litigation Committee Meeting Agenda Jean, I am having a bit of a family emergency. My 79 year old father who lives in Pennsylvania, fell down a flight of stairs. He's been falling down a lot lately; and I'm going back to PA for about a week or so to help my mom out. I will be returning home on September 13th. I have left a message on Zack Scrivner's Cell Phone requesting a delay of the Cat Ordinance for one month. Do you think that's possible? Regards, Mike Polyniak ..... Original Message From: Jean Parks To: M Polyniak Sent: Monday, August 28, 2006 2:36 PM Subject: Re: Legislative & Litigation Committee Meeting Agenda Nike, The next Legislative and Litigation Committee meeting is scheduled for Tuesday, September 12th at 1:00 p.m. At this time the cat ordinance is on the next agenda. ! will let you know if anything changes and will e- mail the next agenda to you when it is ready to go out. Usually on Friday before the meeting. Jean 326-3752 City Manager's Office >>> "M Polyniak" <jmlpolyn@earthlink. net> 8/28/2006 2:25 PM >>> Jean, Is there going to be a Legislative Committee meeting tomorrow? Is the Cat Ordinance on it? Mike Polyniak ..... Original Message ..... From: Jean Parks To: Mike Polyniak Sent: Friday, August 11, 2006 4:19 PM Subject: Legislative 8, Litigation Committee Meeting Agenda The agenda for the Legislative and Litigation Committee meeting scheduled for Tuesday, August 15th, at 1:00 p.m. in the City Manager's conference room is attached. file://C:~Documents and Settings\jparks\Local Settings\Temp\GW} 00001 .HTM 8/31/2006 Page 1 of 1 Jean Parks - Legislative and Litigation Committee Meeting From: · John W. Stinson To: jml polyn@earthlink.net Date: 8/31/2006 8:37 AM Subject: Legislative and Litigation Committee Meeting CC: Jean Parks Mr. Polyniak, Sorry to hear about your father. I am now staffing the Legislative and Litigation Committee due to the departure of Alan Christensen. I spoke with the Committee Chair, Zack Scrivner, and there is no problem deferring the issue until next month. The next meeting is currently scheduled for October 10th. Please contact me if you have any questions. jOhn John W. Stinson Assistant City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 661-326-3751 661-852-2052 fax jwstinson@bakersfieldcity.us file://C:~Documents and Settings\jparks\Local Settings\Temp\GW} 00001 .HTM 8/31/2006 Page 1 of 1 Jean Parks - L & L From: John W. Stinson To: Jean Parks Date: 8/31/2006 8:52 AM Subject: L & L Jean we are cancelling Leg & Lit for Sept 12th. Thanks. file://C:\Documents and Settings\jparks\Local Settings\Temp\GW} 00001 .HTM 8/31/2006 Page 1 of 1 Jean Parks - Message for Legislative and Litigation Committee regarding cats From: Jean Parks To: John Stinson Subject: Message for Legislative and Litigation Committee regarding cats To: Legislative and Litigation Committee Members A resident at 14405 Yucatan Avenue (off Stockdale Highway just west of Allen Road) called and left the following message: There are many cat owners living near him and their cats defecate in his patio and on his driveway. All his neighbors have dogs and he does not, so the cats climb the fence to his backyard. He has a trap and sets it every night, but never catches any cats, because they are well fed. He would like the Committee to take some action to help keep the many neighborhood cats out of his yard. The problem is intolerable. He had to take all the yard furniture out of his patio. A City Resident about:blank 8/25/2006 Page 1 of 1 3ean Parks - Message for Legislative and Litigation Committee regarding cats From: Jean Parks To: John Stinson Subject: Message for Legislative and Litigation Committee regarding cats To: Legislative and Litigation Committee Members A resident at 14405 Yucatan Avenue (off Stockdale Highway just west of Allen Road) called and left the following message: There are many cat owners living near him and their cats defecate in his patio and on his driveway. All his neighbors have dogs and he does not, so the cats climb the fence to his backyard. He has a trap and sets it every night, but never catches any cats, because they are well fed. He would like the Committee to take some action to help keep the many neighborhood cats out of his yard. The problem is intolerable. He had to take all the yard furniture out of his patio. A City Resident about:blank 8/25/2006 FRIDAY, AUGUST 18, 2006 LOCAL THE BAKERSFIELD CALIFORNIAN Readers express feline feelings Control was 'found dead by me on my yard. And finally, Cats should be licensed, cats front lawn. It was taken to a reputable just like dogs are. "..~ vet and I'was told the cat had been kicked TONI PRECHT~ ', You think you have had trouble with and stomped to death. Bakersfield cats. I have a 1979 Cadillac with a vinyl What kind of person would do this to ~.. top. I paid $1,400 to put a new vinyl top an animal? I know it's not safe for cats, Natural instinct on it. dogs or children with people like this in '. Two days later, the cat next door bit our neighborhood. big holes in the top. She left her teeth If the man The Californian featured Now there is going to be a cat ordi- ~' marks and some of her hair. I had it has so much free time to pick up cat feces nance up for consideration because some '; .' replaced and covered it and put "cat and weigh it, we should put an elephant 'guy has a problem with cats pooping on' away" on it. The cat ate holes through the in his backyard so he can be kept busy his sprinkler heads and killing birds .at ~ cover and I had to have it replaced again, picking up elephant dung and weighing his bird feeder. What is wrong with this · I put sticky pad to catch the cats. A it. That should keep him busy or he picture? You purposely invite birds into "-' neighbor called the police on us, claim- should get a life. your yard and then get mad when cats do ~ ing we were trying to poison the cat. We GLENDA CALVILLO what they are instinctively programmed~ · got a cat trap and caught more than 14 Bakersfield to do? Well, duh! :: cats. Give me a break! In my neighborhood the rats just run .... Again, the cats ate big holes. Now we 2-k11.[711 1 :tLIVC A ]~.,-,,.~, ~4-:~,~ o,.,~.;onDLl I'm talking about really big rats. I did not" '" have a car for sale. It is really nice that know there were such large rats until my ~ we have to control our dogs, but cats can cat killed one shortly after we moved into ,~ just destroy things and we have to pay for Since human beings, not Cats, are by this area. Merlin killed several before we 2 .~ the damage. We had to put motion lights very far the biggest ongoing problems on lost him. .~ on our front porch. We were told to put a the face of this earth (this includes in Cats definitely have their place int...he,:: fence up by the sheriff and let dogs loose Bakersfield), perhaps we should instead world. I am also a property owner in the front yard. have them neutered and leashed. Occa- our problem is not cats. It is rats My insurance doesn't Cover' putting up sionally lashed also, when needs be. really hate rats! The cats keep the rat~';}" a fence to protect our cars. FRED COLCER from entering my home by killing All you cat lovers need to control your Tehachapi outside my home. · ";,.' cats, like we have to control' our dogs. I will continue to keep cats re~ardless;'?.'i I really do see a purpose for them being./ Bah humbug on cats.SO,J* ~.~ License cats on this earth, and that is to kill huge, dis.:;:i Bakersfield ease-carrying rats. ,." ,.. The cat .(dog) problem .in this city People should not feed feral cats;i'~il life ~o~ be solved if whoever wants to buy because that keeps them from killing?.' Get-a or adopt a cat or dog is: be interviewed to vermin. The feral cat population is out determine if they are responsible. They control, but I don't think an ordinance I am a neighbor.of a man The Californ- must open up their home and yard to going to change a thing. :51) lan recently featured who is urging the determine if their property can support a Cat owners .should always spay and-':'.' creation cfa local cat ordinance, pet in a nice, safe environment. They neuter their animals, but we also I can relate to the cat problem as I must sign a contract that they will have them outside to keep the rats at bay. ,..,~. have trapped cats and had them picked their prospective pet spayed or neutered. They have a job to do and I am going up and recently captured three kittens, TheY must sign a contract stating they let mine continue doing it. Cats may not.5. fed them, tamed them and found homes will keep their cat indoors only. observe property lines, but neither ddt'; for them. If they do not abide by the contract, rats or birds, which are just as poopy a§~"", Yes, I have fed the cats outside. I will they will be fined. If they are a prospec- the next animal for that matter. ': not let an animal go hungry. The cat that tive dog owner, they must keep their dog BRENDA SUTTOi~i · was featured in the paper, along with the on a leash and/or confined in their fenced Bakersfield2.;' ADMINISTRATIVE REPORT MEETING DATE: August 30, 2006 AGENDA SECTION: Consent Calendar ITEM: /~. h h. TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover, Director of Recreation & Parks DEPARTMENT HEAD Cl~ MANAGER SUBJECT: Appropriate a $5,000 contribution from Castle & Cooke, Inc. to the Recreation and Parks Capital Improvement Budget within the Park Improvement Fund for refurbishment of the Silver Creek Community Center, 7011 Harris Road ~ard 6). / RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: A contribution of $5,000 was received from Castle & Cooke, Inc. for the refurbishment of the Silver Creek Community Center, 7011 Harris Road. Castle & Cooke initially built the center and they have annually contributed to concerts in the park. They have a vested interest in the Silver Creek Community, and they wanted to supplement the existing capital improvement project for the center. The Recreation and Parks Department will propose details of the refurbishments at a later date. SI August 14, 2006, 1:41PM:rlj S:~2006 Admins\C&C_ContrSC_Admin_8-30-06.doc ADMINISTRATIVE REPORT I MEETING DATE: August 30, 2006 AGENDA SECTION: Consent Calendar ITEM: /..~. c. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ~ DATE: August 18, 2006 CITY ATToRNE .~.~ CITY MANAGER ~ SUBJECT: An Ordinance of the Council of the City of Bakersfield amending Chapter 9.23 of the Bakersfield Municipal Code relating to loud and unruly events. RECOMMENDATION: The Legislative and Litigation Committee recommends first reading of ordinance. BACKGROUND: The Legislative and Litigation Committee has been working to revise Chapter 9.23 of the Municipal Code to address loud or unruly events. The current cost recovery provisions for such events are triggered when police or fire personnel respond to the same event twice within a twelve hour period. The revisions proposed here would extend this period to thirty days, and would allow recovery for a second response or any subsequent response within this time period after an initial warning is given. The amount of recovery will be established each year pursuant to Municipal Code Section 3.70. (These revisions are underlined and shaded on the redlined ordinance.) It was suggested by a member of the community that a "Cool Parents" ordinance, similar to the one adopted by Kern County, also be considered for adoption. These provisions would impose a civil penalty on persons responsible for loud or unruly events where alcohol is served to underage persons. A responsible person is subject to the civil penalty of $1,000 even if he or she is not present at the time. (These provision additions are shown as underlined on the redlined ordinance.) August 17, 2006, 4:42PM ~ S:\COUNClL~Admins\06-07 Admins\9.23AddCootParentsOrd.doc REDLINED ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF 'THE CITY OF BAKERSFIELD AMENDING CHAPTER 9.23 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO LOUD AND UNRULY/EVENTS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 9.23 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 9.23 AqC~C(=C~..c~T/'t~' q[:D%ll/'~r- I~r'i- =OR ~nqTq FO~ LOUD OR UNRULY EVENTS Sections: 9.23.010 Purpose. 9.23.020 Findings. 9 23 030 ' ~"~ ........ ' ....... *~ defined Definitions 9.23.040 ~~:~~ loud cr ~r:ly cve~t.R&~6n~.ib, iity . 9 23 070050 ~;,,;I ,;~ka;,,, ~. ,k~ ~ ..... ~ ........ ,~ ,~,,~ ...... = eve~t. Warninq issued at time of initial response. 9.23.060 Pc:clty =~d =mcunt cf coppice fcc. Civil liability for the costs of a second or subsequent response to a loud or unruly event 9.23.070 w...;..; ..... ~ ~, ,;~ ~ ;.;,;~, ........ .. .................... , ...... Penalt?:andamoun 9.23.080 Assessment of se~ice fe~ 9.23.090 Notice of assessment of service fee. 9.23.100 Payment of se~ice fe~ 9.23.110 S~c;~ c~c~c ccfercc~ect. Loud or Unruly Events where alcoholic beveraqes are se~ed to, or consumed by, underaqe persons. 9.23.120 Protected activities. 9.23.130 Riqht to Appeal Administrative Citation and Se~ice Fee to the Ci~ Manager. 9.23.~ ~ 0140 S~c~ c;~;~s E~~:: 9.23.150 Severability. S :\COUNCIL~Ords ~06~07 Ords~9.23 .Cool I~ren~s AmdOrdRdln.doc -- Page 1 of 10 Pages -- .7 .~ REDL][NED 9.23.010 Purpose. This chapter is adopted pursuant to Article III of the City Charter in order to provide a means for recovering the costs incurred by the city for the city police and fire department personnel participating in a second ~r;is'~b~eq~e~n't response to a loud or unruly event from the person or Persons responsible for such event Further. this Chapter is intended to deter the service to; and consumption of alcoholic beverages by underaoe persons. This purpose is implemented by the imposition of a civil money penalty a_~ainst social hosts and landowner,o, (includino landlords} for loud or unruly events where alcoholic beverages arn served to or consumed by: underaae Derson~ A violation of this Chapter shall be a civil offense separate from any potential criminal implications, As such: violators may be subject to the civil remedies available to the City of. Bakersfield: such as fines., restitution and abatement measures. Further. unlike criminal offenses: a violation of thi~ Chaoter does not carry, the possibility of incarceration. 9.23,020 Findings. The City Council finds as follows: A. That personnel from the city police and fire departments spend a significant amount of their time responding to loud and unruly events as defined in this chapter; B, That frequently, police and fire department personnel are required to respond a second t!mc ~.?:~ifi~i~ii:i~i~'~ to the same loud or unruly event after warning the person or persons responsible for such event that' the event is being Conducted in an unlawful manner and must be terminated ~dli~;t~t~!:!!~'~:i,~:!~:!:i:::~ ~'~'6~'~'i:!?i:~'i'~i~'di'ii6~'a~ by rc~son cf thc fact that ~h~.::ye§~-h'~ibl pcrcc,-, cr pcrccnc failed to take the steps necessary to terminate 'such unlawful conduct; aP, d c. GD~ That it would be appropriate to recover from the person or persons responsible for a loud or unruly event the costs incurred by the city for the police and fire depadment personnel pa~icipating in a second ~'~U'b~'~eht response to ~.' ~dt~s s~c~ cvcnt in those situations in which such person or persons were duly warned :~{~th~:{i~6~:::~6f;:{~6~i~{~l~6sob~b, that a ~ ..... ......... ~ ........ ~ ..... ~:~ fee would _ , -- Page 2 of ] 0 ~ages -- ---' REDLINED E. That the occurrence of loud and unrul~ events where alcoholic beverages are se~ed to~ or consumed by~ underage persons is harmful to the underage persons involved and a threat to public health= safety= quiet enjoyment of residential prope~y and the general welfare. Underage persons often obtain alcoholic beverages at events that are under the control of a person who knows~ or should know~ of the underage Consumption of alcohol, F. That in many cases= oersons havino possession or control of Prope~ who are responsible for the occurrence of loud or unrul~ events on that propeAy have failed to ensure that alcoholic beverages are neither se~ed to= nor consumed by~ underaoe persons at these events. FuAhermore~ problem- associated with loud or unrul~ events where alcoholic beverages are se~ed to. or consumed bv~ underage oersons are difficult to prevent and deter unless th~ Bakersfield Police DepaAment has the legal authori~ to direct the host tO disperse the ~atherinq. G. That law enforcement~ fire and other emergency response services personnel have~ and are reuuired to~ respond~ sometimes on multiple occasionR in the same calendar year~ to. loud and unruly events resulting in disprooodionate exoenditu~e of public safety resources and delayinu official responses to regular and emeruency calls in the rest of the City of Bakersfield. Additionally, underage drinkinu at such events has resulted in dispropo~ionately hiuher numbers of underage persons drivin~ while intoxicated~ increased social violence~ and incidents of sexual assault, 9 23 030 ~ ~"~ ........ ~ ....... ~ ~=f~nedDefinitions For purposes of this chapter, the terms ~,,a are defined as follows: A. A loud event means an event or incident which results in any loud or unusual noise which.disturbs the peace and quiet of a neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity 'residing in the neighborhood and is unlawful under the provisions of Chapter 9.22 of this code; and B. An unruly event is any event or incident which threatens the public health, safety or welfare and is unlawful under the provisions of this code or the laws of the state. C. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl~ or soirits of wine. from whatever source or by whatever process produced. S :\COUNCIL\Ords~06-07 Ords~9.23 .CoolParents AmdO rciRdln.doc -~ Page 3 of 10 Pages -- REDLINED D. "Alcoholic bevera.ae" includes alcohol, spirits; liquor= wine. beer., and which contains one-half of one percent or more of alcohol by vol0me and which is fit for beverage purooses either alone or when diluted., mixed= or combined wit~ other substances. "Juvenile" means any person under eighteen years of a~le~ F, "Underage person" means any person under twenty-one years of 9~3,040 G. "Persons responsible" *"-.... a.,....."-,,'~ ..."' -...-.,' ....... ........,'. For purposes of this chapter, a perSon over the age of eiahteen (18} shall be considered to be responsible for a "-, ,~ ........ "' an event if: ~1. Such person is entitled to possession of any private property on which the event occurs, either by reason of the fact that such person is an owner. entitled to possession of such property or by reason of the fact that such person is a lessee or tenant entitled to possession of the property; or ~ Such person is entitled to the use of any public property on which the event occurs by reason of any permit or entitlement issued to such person by the city or any other governmental agency owning or otherwise controlling the property; or ~ Such person accepts responsibility for the event. A responsible person for a loud or unruly event need not be present at sucl- event resulting in the response _aivina rise to the imposition of civil money penalties or response costs. Prior knowledge of the loud or. unruly event is not C pre-requisite to a finding that any soecific individual is a responsible person afl defined by this section. 9 23 040 r~ ...... · evcntResponsibility for Pro~3ertv Management. Every owner., occupant., lessee or holder of any oossessory interest of a prooerty within the City of Bakersfield is reouired to maintain, manaae and sunervise the property and all persons thereon in a manner so as not to-violate the orovisions of this chapter. The owner of the property remains liable for such violations regardless of any contract or agreement with any third party reoardinq 9.23.050 eventWarninq issued at time of initial response,. Where personnel from the city police or fire department responding to a loud or unruly event determine that the ....'~,..~... ,-....,~..,-* .......~""' at ........................... ~ cuch event can be terminated or otherwise appropriately 'addressed without arresting or citing the person or persons responsible for the event, such police or fire department personnel may S:\COUNCIL\Ords~06-07 Ords\g.23.CoolParentsAmdOrdRdln.doc -- Page 4 of 10 Pages -- REDLINED issue a warning to any person responsible for the event in lieu of arr~in~g~r !~suing a citation to such person ~:i'p~:~ohg:!~:f~ri:-:th~-!lo~d.~o~ !~n't~i'~ ~v~t~:~· .... cc,..t cf thc ~. Such warning shall set fo~h the date and time of the initial response, a brief description of the unla~ul activity complained .of and/or obse~ed at ~ event, the address of the prope~y on which the event occurred, and a statement th'at if city police or.fire depa~ment pemonnel are required to respond a second time ~' ~: ~;~ ~'.'~ ,:,-,~-,~?, ;'~.:~ ~'~. ~. ~:,: ;~ ~.~:~ :~- ~ :~ .,,. ~;-,~ .:: ~:~,~::.,~ ~ :~,.,:~.:-.. ~..~ .,...:~; .., ~ .,~. ~, ~ ~ , t~me to the same:~address;becau~e~:of~:the same 6vefit or ~ ~ ~vent within a b~'c"'c ~cur ~da~ ~eriod b,, reason of th~ ' .... ~ ..... ~ ~ . ~ ¢ ~aut t.a[ me even[ comlnues Io · be conducted in an unla~ul manner ~b~6`a?~h.~:~i~6~{~?~;~a~h:~;~:~i:h~&ti~h:~.~g~23~3~?~f~;thi~;;~:~db~ such person ~$~'~hS will ~e assessed a sewice fee ~ for the ci~'s second' response costs in the amount provided for by this chapter. Such warning shall also.state that the sewice ~, if any, shall be in addition to any criminal fine or other sanction arising.out of any arrest of such person or the i~uance of a citation to such person as a , result of such response . Any person issued a wriEen warning in the manner provided for by this section shall sign the warning acknowledging receipt thereof. ~t;'~i~:~a~:~ ~;'~:'~b i~:~'6~'~t;~h~e~6 ~'~:~6~'~6~/;~i'n~i6i~t:i& n~,;6f;~:~&~ti ~n ::9~2:3~,1-;1::0~.~ of.~:.th is~ ~:C'ode;;;-~h:?ad m ih istrati~::~itati0h~ 9.23.060 to a loud or unruly event. Any person responsible for a loud or unruly event shall be civilly liable to the ci~ fo[ a sewice fcc whic~ fee shall represent all costs incurred by the city arising out of a second ~ ~::;.:~'~b~:e~6~{/~6~hS~ which is made by the ci~ police or fire depa~ment to ~ such"cvcnt wh~re: ' A. Any member of the police or fire depa~ment initially responded to the ~ ~ during the preceding ~ ~ period; B. At the time of making such initial response, personnel from the city police or fire depa~ment warned such person ~ in writing, that the event was being conducted in an unla~ul manner, and that if police or fire depa~ment personnel were req?ed to respond a Second time ;6:~;:~:~:~b:it'i~i~,~i~:6A: to the persons woule De assessea a .... nd rcspc~co ~6~ie6 fee ~= end for the cit~ second response costs in the amount provided for by this chapter; and C. Following 'such initial response, the ci~ police or fire depadment were required to respond a second ~;~6~6~:~n'~ time to the ~ ~'6~dd'~6~ by reason of the fact that 6it~ the event continued to be conducted in an unla~ul manner, ~'~6~:~aar~:~ notwithstanding suc~ ~revi~U~: wriEen warning. S:\COUNCIL~xds~06-07 Ords ~9.23 .CoolParentsAmdOrdRdln. doc -- Page 5 of 10 Pages -- ,~ REDLINED In addition to the ~ ~ provided for in Chapter 1.40 of this code i$~i~h"~ig~!~;~:iOi?i6f!:~hi~'i!~d~i~iwh~h:.:~'p~i;~P~iat~, the ci~ of Bakersfield may asses~ the se~ice fee specified in Section n~n ....... 9.23 .... 960 pursuant to Chapter 3.70 of this code if the ci~ has satisfied all the conditions' stated' in Section 9.23.050~60. 9.23.080 Assessment of se~ice fee. Where the ci~ manager or his designee determines that a second response ~'a~~?~b~b~'~'~ has been made to a loud or unruly event within a thi~;~da~ period following the initial response to such cvcnt ~'h~:~/~'~ 'ada~6~'~, the city manager or his designee shall assess a se~ice fee against any person or persons responsible for the event who was issued a wriEen warning at the time of the initial response to the event in the manner provided by this chapter. Such sewice fee shall.be determined pursuant to Chapter 3.70 and ~h~ij ~e consistent with the costs incurred by the ci~ for all of the police and/or fire depa~ment personnel padicipating in the second rc:pcnsc, ~6~:~b5/~:a6h~i:;~:~6~6h~e~~ or the sum of one thousand dollars, whichever is less. Where two or more persons are assessed a sewice fee for the same ~'~'e:~;t0 ~ loud or unruly event, all such persons shall be jointly and severally liable to the ci~ for the full amount of such fee. 66~6~h6;i~;i~;~at~;;~6~'t;::;~hd;;;a:~c~'~r~bohdina~:se~ide~;fee.:~v 9.23~090 ~otiee of assessmant ~f service .......... Upon ............. ,u adetermmatmn to assess a .......... ~ ..... set ~e~ against a person ~ responsible for a loud or unruly event :or~e~bh~tS, t~ ~,,, ....... ~, Ch~ef.ofPoIme or h~s designee shall cause nobce of the assessment to be se~ed on such person ~;.~.?b:~'~:~ by depositing such notice, first class postage prepaid, in the United States ~ail addressed to thc ~'~h person at thc ~h~ person's last known address, in addition to setting fodh the amount of the :cccnd 9.23.100 Payment of service fee. Every service fee assessed upon a person ~ responsible for a loud or unruly event in the manner provided by this chapter shall be due and payable on or before the last day of the month immediately following the month in which notice of the assessment of the fee was mailed to such person. In the event of the failure of a person assessed a........,,...~ .'"°"""""....~...,,.... :~:r~vi'c~ fee ~.:i.i~ to pay such fee when due, a delinquency penalty of ten percent shall be added to the fee on the last day of each month after the due date thereof; provided, however, that the total amount of such penalties shall not exceed fifty percent of the fee b~ifbe~. In addition, in the event of the failure of a person assessed a scccnd ,,.,,,~, ..... se~ice fee ~'~if~e'~ to pay such fee ~ f~e~ when due, such person shall be assessed interest on the amount of the delinquen--~ S :\COUNCK.\Ords~06-07 Ords~9.23,CoolParentsAmdOrdRdln.doc -- Page 6 of 10 Pages -- REDL~NED fee ~:~i.:ifee~, exclusive of any penalties thereon, at the .rate of one percent per month, or any fraction thereof, from the date the fee 6~::~ee's first became delinquent until the date the fee ~ is paid. ' 9.23.110 · Smal! c!=~m= --.v, fc'rc=mcn:Loud or Unruly Events where alcoholic beveraoes are served to: or consumed by: underage nersons. ______ It is a civil violation of this Chapter~ and a public nuisanc~ constituting an immediate threat to nublic health and safety warrantino summary abatement: for any responsible nerson to conduct or allow a loud or u~rUly evenl at which service to: or consumption of alcohol or alcoholic beverages by underaae persons occurs. Each resnonsible oerson found in violation of'thi~ section will be individually subject to the full civil money penalty of $1000 irresnective of the number of persons held liable for the same event, '- B, Nothino in this section shall be construed as a waiver by the City cf Bakersfield of any rioht to seek reimbursement for actual costs of resDons:'; services throuah other leoal remedies or orocedures. Imnosition of a service fc;', or fees under section 9.23.060 of this code is separate from the civil penalty o1' this section and may be imnosed in addition to the penalty described in this section, ' ' C. Any loud or unruly event at which service to or consumption of alcohol or alcoholic beveracms by underage persons occurs constitutes a public nuisance and an immediate threat to public health and safety, and shall be summarily abated by the Bakersfield Police Department by all reasonable mearls includino, but not limited to: an order requirinp the event to be disbanded and citation under this chapter as well as an administrative citation and/or arrest c[ any law violators under any other applicable ordinances and state s~a~ute$ D. The City Attorney and the Bakersfield Police Denartment ar~ authorized to administer and enforce the provisions of this section. The Cit~ Attorney and the Bakersfield Police Department may exercise any enforcemenl powers provided by law in executing this section. E. The Bakersfield Police Denartment shall issue a citation to any persons found responsible for the loud or unruly event involvino service to o, consumption of alcohol by undera(~e individuals'. The citation will be issued a'~ the location of such an event, at which time the resnonsible person(s) shall sig~' his/her name to acknowledge its receipt 9.23.120 protected activities. This chapter shall not apnly to activities protected by Article I: Section 4 of the California Constitution. S :\coLrNCIl-\Ords~06-07 Ords~9.23.CoolParcntsAmdOrdRdlmdoc -- Page 7 of 10 Pages -- REDLINED 9.23.130 Rioht to Apneal Administrative Citation and Service Fee to the City A. A responsible person who is subject to civil liability or a penalty pursuant to Section 9.23.060 or 9.23.110 may contest by filino an appeal with thc City Clerk within ten (.10) days from the date of the issuance of the administrative citation or service fee mailino, B. The City Manaqer may reverse; affirm wholly or 0artlv. or modify tho administrative penalty or service fee. The decision of the City Mana=er on any such anneal shall be final on adoption of an order containin9 its determination. Notice of the final decision shall be served by certified or re=istered mail on th~. affected persons, C. Pursuant to Section 1085 of the Code of Civil Procedure; any nerson who has received an administrative citation or service fc= issued pursuant to thi,; chapter,, may; followin= exhaustion of administrative remedies, scck iudiciel review of the order by filino a netition for writ of mandate within ninety (90) day~_ after the order becomes final and bindino pursuant to this chanter Notwithstanding the nrovisions of Section 1094.5 or 1094.6 of'the Code of Civil Procedure; any 0erson who contests the final administrative order issued under this chanter reoarding the imposition, enforcement or collection of tho administrative penalties imoosed., may seek iudicial review of the order by filin= an anoeal with the Superior Court within twenty 120} days after service of th~ order in accordance with Section 53069.4 of the Government Code. The city or its agent may 6~:i!'aiiiie~i?~e~'h~i~i{6 enforce the assessment of the any service fee or fees or administrative oenaltv or penalties ~',, ~"'' use all legal means to enforce any judgment obtained against the responsible parties including but not limited to recording an abstract of judgment and ~ gamishment ef wages. 9.23.150 Severability. If any section, subsection., sentence; clause, phrase or oortion of this chaptei- is for any reason held invalid or unconstitutional by anv court of competent iurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holdino shall not.affect the validity of the remainin.q Dortioi~ - thereof. ~ :\COUN CIL~Ords'06-07 Ords~9.23.CoolParent s AmdOrdRdln.doc -- Page 8 of 10 Pages -- SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ....... ooOoo ........ S :\COUN CIL\Ords~06-07 Ords~9.23 .Ccol ParentsAmdOrdRd] a. doc -- Page 9 of 10 Pages -- REDLINED I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: " AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: 'By: HARVEY L. HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By:. ANDREW WHANG Associate City Attorney S :\COUN CIL\Ordsk06-07 Ords~9.23 .CcolParents AmdOrclRdl n.dcc -- Page 10 of 10 Pages -- ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 9.23 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO LOUD AND UNRULY EVENTS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 9.23 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 9.23 LOUD OR UNRULY EVENTS Sections: 9.23.010 Purpose. 9.23.020 Findings. 9.23.030 Definitions. 9.23.040 Responsibility for Property Management 9.23.050 Warning issued at time of initial response. 9.23.060 Civil liability for the costs of a second or subsequent response to a loud or unruly event. 9.23.070 Penalty and amount of service fee. 9.23.080 Assessment of service feet 9.23.090 Notice of assessment of service fee. 9.23.100 Payment of service fee;. 9.23.110 Loud or Unruly Events where alcoholic beverages are served to, or Consumed by, underage persons. 9.23.120 Protected activities. 9.23.130 Right to Appeal Administrative Citation and Service Fee to the City Manager. 9.23.140 Enforcement. 9.23.150 Severability. 9.23.010 Purpose. This Chapter is adopted pursuant to Article III of the City Charter in order to provide a means for recovering the costs incurred by the'City for the City police and fire department personnel participating in a second or subsequent response to a loud or unruly, event from the person or persons responsible for such event or multiple responses to multiple loud or unruly events at the same address. S :\COUNCI L~Ords\06-07 Orals\9.23 .Coo/Parrot sAmdOrdFinal.doc -- Page 1 of 9 Pages - Further, this Chapter is intended to deter the service to, and consumption ,of '" alcoholic beverages by' underage persons. This purpose is implemented~y 't~ie imposition of a civil money penalty against social hosts and landowners (including landlords) for loud or unruly events where alcoholic beverages are served to or consumed by, underage persons. A violation of this Chapter shall be a civil offense separate from any potential criminal implications. As such, violators may be subject to the civil remedies available to the City of Bakersfield, such as. fines, restitution and abatement measures. Further, unlike criminal offenses, a violation of this Chapter does not carry the possibility of incarceration. 9.23.020 .Findings. The City Council finds as follows: A. That personnel from the City police and fire departments spend a significant amount of their time responding to loud and unruly events as defined in this Chapter; B. That frequently, police and fire department personnel are required to. respond a second or multiple times to the same loud or unruly event after warning the person or persons responsible for such event that the 'event is being conducted in an unlawful manner and must be terminated and that frequently, a response is required because those responsible failed to take the steps necessary to terminate such unlawful conduct. C. That frequently, police and fire department perSonnel are required to respond multiple times to the same address for multiple loud or unruly events after warning the person or persons responsible for such events that they are being conducted in an unlawful manner and that frequently, a response' is required because those responsible failed to take the steps necessary to prevent the occurrence of further .unlawful events at that address. D. That it would be appropriate to recover from the person or persons responsible for a loud or unruly event the costs incurred by the City for the police and fire department personnel participating in a second or subsequent response to an address in those situations in which such person or Persons were duly warned at the time of the initial response that a service fee would be assessed against them if further responses were required due to the continuation of the unlawful event or the occurrence of future unlawful events. E. That the occurrence of loud and unruly events where alcoholic beverages are served to, or consumed by, underage persons is harmful to the underage persons involved and a threat to public health, safety, quiet enjoyment of residential property and the general welfare. Underage persons often obtain alcoholic beverages at events that are under the control of a person who knows, or should know, of the underage consumption of alcohol. S:\COLrNCIL\Ords\06-07 Ords\9.23.CoolParentsAmdOrdFinal.doc -- Page 2 of 9 Pages -- F. That in many cases, persons having possession or control of property who are responsible for the occurrence of loud or unruly events on that property have failed to ensure that alcoholic beverages are neither served to, nor consumed by, underage persons at these events. Furthermore, problems associated with loud or unruly events where alcoholic beverages are served to, or consumed by, underage persons are difficult to prevent and deter unless the Bakersfield Police Department has the legal authority to. direct the host to disperse the gathering. G. That law enforcement, fire and other emergency response services personnel have, and are required to, respond, sometimes on multiple occasions in the same calendar year, to loud and unruly events reSulting in a disproportionate expenditure of public safety resources and delaying official responses to regUlar and emergency Calls in the rest of the City of Bakersfield. Additionally, underage drinking at such events has resulted in disproportionately higher numbers of underage persons driving while intoxicated, increased social violence, and incidents of sexual assault. 9.23.030 Definitions. For purposes of this Chapter, the following terms are defined as follows: A. A loud event means an event or incident which results in any loud or unusual noise which disturbs the peace and quiet of a neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the neighborhood and is unlawful under the provisions of Chapter 9.22 of this Code; and B. An unruly event is any event or incident which threatens the public health, safety or welfare and is unlawful under the provisions of this Code or the laws of the state. C. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spidts of wine, from whatever source or by whatever process produced. D. "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixedl or combined with other substances. E. "Juvenile" means any person under eighteen years of age. F. "Underage person" means any person under twenty-one years of age. G. "Persons responsible," for purposes of this Chapter, a 'person over the age of eighteen (18) shall be considered to be responsible for an event if: S:\COUNCIL\Ords\06-07 Ords\9.23.CoolParent sAmdOrdFinal.doc ~- Page 3 of 9 Pages 1. Such person is entitled to possession of any private property on which the event occurs, either by reason of the fact that such person is an owner entitled to possession of such property or by reason of the fact that such person is a lessee or tenant entitled to possession of the property; or 2. Such person is entitled to the use of any public property on which the event occurs by reason of any permit or entitlement issued to such person by the City or any other governmental agency owning or otherwise controlling the property; or 3. Such person accepts responsibility for the event. A responsible person for a loud or unruly event need not be present at such event resulting in the response giving rise to the imposition of civil money penalties or response costs. Prior knowledge of the loud or unruly event is not a pre-requisite to a finding that anY specific individual is a respOnsible person as defined by this Section. 9.23.040 Responsibility for Property 'Mana_qement. Every owner, occupant, lessee or holder of any possessory interest of a property within the City of Bakersfield is required to maintain, manage and supervise the property and all persons thereon in a manner so as not to violate the provisions of this Chapter. The owner of the property remains liable for such violations regardless of any contract or agreement with any third party regarding the property. 9.23.050 Waminc~ issued at time of initial response. · Where personnel from the City police or fire department responding to a loud or unruly event determine that the event can be terminated or otherwise appropriately addressed without arresting or citing the person or persons responsible for the event, Such police or fire department personnel may issue a warning to any person responsible for the event in lieu of arresting or issuing a citation to such person or persons for the loud or unruly event. Such warning shall set forth the date and time of the initial response, a brief description of the unlawful activity complained of and/or observed at the event, the address of the property on which the event occurred, and a statement that if City police or fire department personnel are required to respond a second time or a subsequent time to the same address because of the same event or another event within a thirty day period by reason of the fact that the event continues to be conducted in an unlawful manner or by reason of the fact that future events are loud or unruly events as defined in Section 9.23.030 of this Code, such person or persons will be assessed a service fee for the City's second or subsequent response costs in the amount provided for by this Chapter. Such warning shall also state that the' service fee, if any, shall be in addition to any criminal fine or other sanction arising out of any arrest of such person or the issuance of a citation to such person as a result of such response or responses. Any person issued a written warning in the manner provided for by this · Section shall sign the warning acknowledging receipt thereof. At a loud or unruly event where alcohol is served to an underage person or persons in violation of Section 9.23.110 of this Code, an administrative citation for violation of Section 9.23.110 may be issued in addition to a warning for the loud or unruly event. S:\COUNCIL\Ords\06-07 Ords\P.23.CoolParentsAmdOrdFinal.doc "* -- Page 4 of 9 Pages -- 9.23.060 ~ for the costs of a second or subsequent re~ loud or unruly event. Any person or persons responsible for a loud or unruly event shall be civilly liable to the City for a service which fee shall represent all costs incurred by the City arising out of a second or subsequent response which is made by the City police or fire department to an address where: A. Any member of the police or fire department initially responded to the same address during the preceding thirty day period; B. At the time of making such initial response, personnel from the CitY police or fire department warned such person or persons, in writing, that the event was being conducted in an unlawful manner, and that if police or fire department personnel were required to respond a second time Or multiple times to the address' because of the same loud or unruly event or other loud or unruly events, such person or persons would be assessed a service fee for the City's response costs in the amount provided for by this Chapter; and C. Following such initial response, the City police or fire department were required to respond a second or subsequent time to the same address by reason of the fact that either the event continued to be conducted in an unlawful manner, or another loud or unruly event was held in an unlawful manner at the same address, notwithstanding such previous written warning. 9.23.070 Penalty and amount of service fee. In addition to the penalties provided for in Chapter 1.40 of this Code or Section 9.23.110 of this Code when appropriate, the City of Bakersfield may assess the service fee specified in Section 9.23.060 pursuant to ChaPter 3.70 of this Code if the City has satisfied all the conditions stated in Section 9.23.060. 9.23.080 Assessment of service fee Where the City Manager or his designee determines that a second response or subsequent response has been made to a loud or unruly event within a thirty day' period following the initial response to the same address, the City Manager or his designee shall assess a service fee against any person or persons responsible for the event who was issued a written warning at the time of the initial response to the event in the manner provided by this Chapter. Such service fee shall be determined pursuant to Chapter 3.70 and shall be consistent with the costs incurred by the City for all of the police and/or fire department personnel participating in the second, or subsequent response, or the sum of one thousand dollars, whichever is less. Where two or more persons are assessed a service fee for the same response to a loud or unruly event, all such persons shall be jointly and severally liable to the City for the full amount of such fee. Each response by City police or fire department personnel is a separate event, and S :~COUNCI L\Or ds\064)7 Orals\9.23 .Coo IPar ent sam dOrdF'mal.doc -- Page 5 of 9 Pages -- a corresponding service fee may be assessed for each such response that occurs within thirty days after an initial warning is given. 9,23.090 Notice of assessment of service fee, Upon a determination to assess a service fee or fees against a person or persons responsible for a loud or unruly event or events, the Chief of Police or his designee shall cause notice of the assessment to be served on such person or persons by depositing such notice, first class postage prepaid, in the United States mail addressed to each person at each person's last known address, in addition to Setting forth the amount of the service fee. 9.23,100 Payment of service fee. Every service fee assessed upon a person or persons responsible for a loud or unruly event in the manner provided by this Chapter shall be due and payable on or before the last day of the month immediately following the month in which notice of the assessment of the fee was mailed to such person. In the event of the failure of a person assessed a service fee or fees to pay such fee when due, a delinquency penalty of ten percent shall be added to the fee on the last day of each month after the due date thereof; provided, however, that the total amount of such penalties shall not exceed fifty · percent of the fee or fees. In addition, in the event of the failure of a person assessed a service.fee or fees to pay such fee or fees when 'due, such person shall be assessed interest on the amount of the delinquent fee or fees, exclusive of any penalties thereon, at .the rate of One percent per month, or any fraction thereof, from the date the fee or fees first became delinquent until the date the fee or fees is paid. 9.23.110 Loud or Unruly Events where alcoholic bevera.qes are served to, or consumed by, underaqe persons. A. It is a civil violation of this Chapter, and a public nuisance constituting an immediate threat to public health and safety' warranting summary abatement, for any responsible person to conduct or allow a loud or unruly event at which service to, or consumption of alcohol or alcoholic beverages by, underage persons occurs. Each responsible person found in violation of this section will be individually subject to the full · civil money penalty of $1000, irrespective of the number of persons held liable for the same event. B. Nothing in this section shall be construed as a waiver by the City .of Bakersfield of any right to seek reimbursement for actual costs of response services through other legal remedies or procedures. Imposition of a service fee or fees under section 9.23.060 of this Code is separate from the civil penalty of this section and may be imposed in addition to the penalty described in this section. C. Any loud or unruly event at which service to or consumption of alcohol or alcoholic beverages by underage persons occurs constitutes a public nuisance and an immediate threat to public health and safety and shall be summarily abated by the Bakersfield Police Department by all reasonable means including, but not limited to, an S:\COUNCIL\Ords\06-07 Ords\9.23.CoolParentsAmdOrdFinal.doc -- Page 6 of 9 Pages -- order requiring the event to be disbanded and citation under this Chapter as well as an administrative citation and/or arrest of any law violators under any other applicable ordinances and state statutes. D. The City Attorney and the Bakersfield Police Department are authorized to administer and enforce the provisions of this section. The City Attorney and the Bakersfield Police Department may exercise any enforcement powers provided by law 'in executing this section. E. The Bakersfield Police Department shall issue a citation to any persons found responsible for the loud or unruly event involving service to or consumption of alcohol by underage individuals. The citation will be issued at the location of such an event, at which time the responsible person(s) shall sign his/her name to acknowledge its receipt. 9.23.120 Protected activities. This Chapter shall not apply to activities protected by Article I, Section 4 of the California Constitution. 9.23.130 Riqht to Appeal Administrative Citation and Service Fee to the City Manaqer. A. A responsible person who is subject to civil liability or a penalty pursuant to Section 9.23.060 or 9.23.110 may contest by filing an appeal with the City Clerk within ten (10) days from. the date of the issuance of the administrative citation or service fee mailing. B. The City Manager may reverse, affirm wholly or partly, or modify the admi.nistrative penalty or service fee. The decision of the City Manager on any such appeal shall be final on adoption of an order containing its determination. Notice of the final decision shall be served by certified or registered mail on the affected persons. C. Pursuant to Section 1085 of the Code of Civil Procedure, any person who has received an administrative citation or service fee issued pursuant to this Chapter, may, following exhaustion of administrative remedies, seek judicial review of the order by filing a petition for writ of mandate within ninety (90) days after the order becomes final and binding pursuant to this Chapter. Notwithstanding the provisions of Section 1094.5 or 1094.6 of the Code of Civil Procedure, any person who contests the final administrative order issued under this Chapter regarding the imposition, enforcement or collection of the administrative penalties imposed, may seek judicial review of the order' by filing an appeal with the Superior Court within twentY (20) days after service of the order in accordance with Section 53069.4 of the Government Code. S:\COUNCIL\Ords\06-O70rds\9.23.CoolParentsAmdOrdFinal.doc - .. -Page 7 of 9 Pages -- 9.23.i40 Enforcement. The City or its agent may use all legal means to enforce the assessment of the any service fee or fees or administrative penalty or penalties. The City or its agent may use all legal means to enforce any judgment obtained against the responsible parties including but not limited to recording an abstract of judgment and wage garnishment. 9.23.150 Severability. If any section, subsection, sentence, Clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion thereof. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ....... oo0oo ...... '" S:\COUNCIL\Ords\06-07 Ords\9.23.CooIParemsAmdOrdFinal.doc -~ Page 8 of 9 Pages -- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: ' AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRiVNER NOES: COUNClLMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNClLMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: By:. HARVEY L. HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW WHANG Associate City Attorney S:\COUNCIL\Ords\06-07 Ords\9.23.CoolParent sAmdOrdlVmal.doc -- Page 9 of 9 Pages ..... . ADMINISTRATIVE REPORT MEETING DATE: August 30,.2006 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Alan Christensen, Assistant City Manager DEPARTMENT HEAD ~ DATE: August 22, 2006 CITY ATTORNEY CITY MANAGER ~ SUBJECT: Resolution Reaffirming the City's Annexation Mission Statement and Amending the Pre- Application Process for Annexations RECOMMENDATION: The Legislative and Litigation Committee recommends approval. BACKGROUND: In July, 2005, staff recommended changes to the City's annexation policies and procedures. The change was requested because it took almost two years to annex the Froelich Palms area, which was the City's most recent inhabited annexation. City staff's primary reason for changing the policy was to reduce the time it takes to process inhabited annexations while maintaining outreach and educational efforts to.affected citizens. · Over the past year, staff has worked with three citizens who are interested in the annexation policy to try to find compromise language. Staff is recommending policy changes which, incorporate many changes first recOmmended by the citizens. A summary of the changes includes: 1 ) adding the word "timely" to the Mission Statement; 2) inviting County Supervisors and staff to neighborhood meetings; 3) eliminating the publication in The Bakersfield Californian and a hearing before the City Council; 4) the Resolution of Application before the Council replaces the formal hearing; and 5) various changes to the interest card that will be collected from residents prior to the Resolution of Application. All of the proposed changes are Shown in strikeout and red in the attached policy documents. Staff believes that this version of the policy, in addition to State law which governs all annexations, provide more than adequate protection for property owners with a minimum of unnecessary administrative layers. On August 15, 2006, the Legislative and Litigation Committee recommended that the new policy be forwarded to the City Council for final approval. Staff recommends adoption of the new version, which has the effect of streamlining the annexation process. August 22, 2006, 3:33PM S:V~,dmin Rpts~2006~Annexation Policy 083006.dot AC:al RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL FOR THE CITY OF BAKERSFIELD AMENDING AND RE-AFFIRMING, CITY'S ANNEXATION MISSION STATEMENT AND ESTABLISHING A PRE-APPLICATION PROCESS FOR ANNEXATIONS. WHEREAS, the City Council for the City of Bakersfield adopted an Annexation Mission Statement on February 21, 1996 which outlines several reasons why the City pursues annexations and the manner and outcomes which are expected to result from said annexations; and WHEREAS, the City Council for the City of Bakersfield adopted Resolution 029-02 regarding the City's Pre-Application Process for Annexations; and WHEREAS, the City Council for the City of Bakersfield adopted Resolution 029-02 regarding the City's Pre-Application Process for Annexations; and WHEREAS, State law requires the annexation procedure to be under the auspices of the Local Formation Agency Commission (herein "LAFCO"); and WHEREAS, annexation remains an identifiable goal of the City Council, a recommended positive step in the Vision 2020 Plan, and a supported finding from the 1999-2000 Kern County Grand Jury; and WHEREAS, the City Council intends to disseminate annexation information prior to the involvement of LAFCO and desires to assure citizens that to the extent annexation information is provided by the City, that it occurs in an honorable, courteous, informative, timely and honest manner; and WHEREAS, the City desires to re-affirm the goals and pledge of said Mission Statement by establishing a Pre-Application Process which will govern how City Council and City staff handle annexations, prior to the involvement of LAFCO; and WHEREAS, the Pre-Application Process will include a number of steps, to notify the property owners/occupants within the proposed area .... ~ ,.,~.;,.h ..~.c,, ~,,. a ~'""*;"'-'~ w,..., n,~ ~,v, ~"~"'-" *~-'-.,,~ _,..,.v, ~,,..,~ ~ ~ ~'-'-o~,-',-' r.;,,,v,.~ r.v~,., ,..,,~ prior to adoption of the Resolution of Application. NOW THEREFORE, incorporating the above recitals herein, the City Council for the City of Bakersfield hereby: 1. Amends and re-affirms the Annexation Mission Statement adopted by the Bakersfield City Council on February 21, 1996, attached hereto as Exhibit "A" and incorporated by reference herein. 2. Adopts the Annexation Pre-Application Process attached hereto as Exhibit "B" and incorporated by reference herein. 3. This Resolution supersedes Resolution 029-02. -oo0oo- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER: CARSON, BENHAM, MAGGARD, COUCH HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: By: HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO CityAttorney By: VIRGINIA GENNARO City Attorney :proc S:\H EARINGS~ANN EX~Policy~RedLine Strikeout~,nnexReso. DOC Created on 6/21/2006 1:11:00 PM EXHIBIT "A" ANNEXATION MISSION STATEMENT The purpose of the City of Bakersfield's annexation efforts is to provide clear consolidated boundaries which result in the most effective delivery of urban services and in the most efficient use of taxpayer dollars. In fulfilling this mission, we, the city of Bakersfield elected officials and staff pledge the following: · To deliver services to citizens within newly annexed county areas more efficiently and with a greater transfer of benefits as a result of becoming a part of the City; and · To provide quality services to citizens in the most efficient, effective and courteous manner possible; and · To encourage current and future residents to participate in determining the direction and spirit of the City and its neighborhoods; and · To assure our contact with citizens will be in ~ an honorable, courteous, informative, timely and honest manner in our efforts to encourage adjacent residents to unite with the City of Bakersfield; and · To make continual efforts to improve the quality of life, the delivery of services and the community spirit within and around Bakersfield; and · To preserve the integrity of each property owner's vote, by not combining non- contiguous areas on the Resolution of Application, unless 100% owner approval is received in writing by the City. EXHIBIT "B" ANNEXATION PRE-APPLICATION PROCESS The following steps are proposed for the City of Bakersfield prior to application for annexation to LAFCO of territory inhabited by 12 or more resident electors: · Identify Proposed Annexation Area Development Services Department - Planning Division will identify the proposed annexation area, based on request by City or Citizens to initiate annexation. · Notify City Council The Development Services Director will notify the Council, in writing of the annexation proposal. This notification, by way of memorandum, will be distributed through City Manager's weekly General Information Memo, which is available in the City Clerk's Office. · Send out "Frequently Asked Questions" Frequently asked questions and responses regarding the proposed annexation ^ ~,, ....... ~ ...... *' .... ~~,,~ ~t~on~' ........ ~,~-~,~ , ~, ,~ will be prepared by the n~-~-* made available on the Staff n .... , ..... + ~,,~ ~ ........... City's website at ~w.bakersfieldcity.us and provided at informational meetings. Additionally, a copy will be included with the Notice of Proposed Annexation and mailed to all property owners/occupants within the proposed area. Standard questions will appear on all letters. Some additional questions and / answers with regard to taxes or other issues specific to the area may be included. · Informational Meetings At least one mandatory noticed informational meeting at a pubtic facility will be conducted within the proposed annexation area. The Kern County Supervisor representing the area and County staff will be invited to these meetings ~"o* ..m.~ .... ~. ~....-..a.4~. to .-.".~..~.~.t City Councilmembers may wish to also schedule additional informal meetings in the area in 'order to share information and this should not be precluded. In all cases, the Councilmember will be invited to any informational meeting. In all cases, the Councilmember will be invited to any informational meeting. Efforts will be made to use public facilities for informational meetings. However, this does not preclude the use of resident homes. · It is the intent of this section to assure that information is readily available and shared with citizens. With this in mind, staff will attempt to use the internet to disseminate annexation information when financially feasible. It is imperative that staff be available to respond to questions by citizens and share information in either a group or individual setting. ~r, had,,Ir~ I~h",'l-i,.',,,-,r4 I-laarln,"~ I-I,a~;,"~lanman'F Qnr,~h,',a~ Q4-aff ~A~;II ra~,,ao~- an a,~ail,-Jhl,,~ hnar;nn data fr,'~m fhn /"~;+s., PlarD- I-laar~nn ~A~II hn e,~hn4~ ,lad, ,..~,an~l,,.., ,nnfD"ac',,.,,,,.,,_,,.., ~,¥~11,,, bo · Notification r',,,,.a ,h,, haa,~,,,, h~o h ..... ha4,,I,,,4 written notice will be mailed to all property owners/occupants within the proposed area. Netic--e ,.,;. ;.~,.~..,~a ,~a*a *~ .... ~ ~...-a*;a,.. ~.~ ~...o.;~,,~ ^'~'~;*;""~"" There ¥¥111II IVI~I'~V '~,~ ~,~., ~, V, ~.11 I I~.~ ~.* I I '~,~ I VV~,,~ ~.1 VI I VI I IV~,I II I~. I I~,~'~ I ~* I V I I ~*~* I I ,,~V , will be a prepaid post card included in ........... ~ ..... g requesting the owner/occupant ...... ~..'-';*', .... ~.~. ........ ~ to express their opinion regarding the annexation, by mail or personal delivery. This is an informal request for information and not a formal voting procedure. The notice will be prepared and mailed by City Clerk Staff no later than 20 days prior to the.haa';~"~....,......~ Resolution of Application. See attached Exhibit "1" and "2" 2 · Resolution of Application A Resolution of Application for Annexation of a proposed area will be brought to the Council for ........ ' ,.~1.,1~,,.,,,,.~, ~ u,,., ,,,..,-~ ,,.,~,~.,y ~m .... ~ h,, ~,,~, consideration. The public can address the Council at this time. Final approval of the proPosed annexation will be determined by the Local Agency Formation Commission (LAFOO). Contact LAFCO at (66J) 7J6-J076 for additional information on their proceedings. EXHIBIT "1" B A K E R S F I E L D NOTICE OF ~c^o,~,,~_ =,-cr~,',,- THE ,,-r~,,NCiL r~c Tu,- CITY r~== ,:, ^u',-,',e=,,", n REGARDING PROPOSED ANNEXATION E~Y THE C~TY OF BAKERSFIELD NOTICE IS HEREBY GIVEN ''~v. ~ ° .u"'~';"'~...,......~ ~....~'"~'r~'.. that the Bakersfield City Council ..... '~;'~'~ tho is proposeding annexation of inhabited territory to the City of Bakersfield known as City of Bakersfield ANNEXATION NO. 398, GENERALLY KNOWN AS PANAMA #12. Thc hecdng A Resolution of Application will be held heard before the City Council of the City of Bakersfield and '¢:!!! begin ct 7:00 p.m. at 6:30 p.m., or as soon thereafter as the matter may be heard on WEDNESDAY, NOVEMBER 14, 2001, in the Council Chambers, City Hall, 1501 Truxtun Avenue Bakersfield California 93301 Th .......... ~ +k,~ k~,-~,ir~,-~ ;~-, + ..... ; ..... A .... ;,~ ........ , ......,~;,,,, +k; ........ ,~ ...... *;"" ;"+"' *~'" City ''~ Bakersfield. The vv,,~,~, vv,,..,,~..,,.~ ,~,~,..~ .,,,~ t,..,Vl~ ~.,.,~..~,,~,. .~,~ ~.,v ~. purpose of this action is to initiate proceedings with the Local Agency Formation Commission (LAFCO). The area being considered is generally located north and south of Panama Lane, west of State Route 99 (Freeway 99). See the attached map (Exhibit A) that shows the affected territory. These proceedings were initiated by the property owner(s) or City (choose one).. The reason the has proposed this annexation is WR! .1'TEN COMMENTS The City Council is interested in your written comments regarding the proposed annexation. Comments may be filed by any owner/occupant within the proposed annexation area, by returning the enclosed, postage paid postcard, or letter with the City Clerk at any time prior to adoption of the Resolution of Application by the City Council. Final approval of the proposed annexation will be determined by the Local Agency Formation Commission (LAFCO). Contact LAFCO at (661) 716-1076 for additional information on their proceedings. Dated: Pamela A. McCarthy, CMC City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield NOTE: Notice to be mailed in City of Bakersfield Envelope with "Public Hccr!ng ,N'oticc" in Rod Ink. EXHIBIT "2" NOTICE OF HEAR!,NG REGARD!,NG PROPOSED ANNEXATION A Resolution of Application is being proposed for the following terdto~. The Ci~ Council would like to receive your comments, prior to adopting the Resolution. Please complete this card and return to the Ci~ Clerk. This is for information purposes only and not an official vote. Regarding: Annexation No. 398, Generally Known as Panama ~12 __ I suppo~ the proposed annexation ~ I oppose the proposed annexation __ I have no preference regarding annexation __ I request additional information regarding: For Annexation Information Contact: For Annexation ~nfcrmation Contact City Planning ~ (661)326-3733 LAFCO ~ (661)716-1076 Councilmember ~ (661) x~-~xx B A K E R S F I E L D City Clerk's Office 1501 Truxtun Ave. Bakersfield, CA 93301 CITY CLERK CITY OF BAKERSFIELD 1501 TRUXTUN AVENUE BAKERSFIELD CA 93301 PUBLIC STATEMENTS SPEAKER'S CARD Le.qislative and Liti.qation Committee of the City Council Committee Meeting Date ~j~'-'~..~"-- You are invited to address the Committee under Public Statements on any subject that is listed on the Committee Agenda. Public statements are limited to three (3) minutes per speaker. The Committee may, by simple majority vote, waive the time limit. No action will be taken; this Committee gathers information and reports back to the City Council. Please fill out a Speaker's Card and present it to'the Committee Chair: Councilmember Zack Scrivner Company/ Organization: Phone: ~--~'"~'~;) 7 Fax/e-mail: Subject: , oo K LEAGUE SACRAMENTO, CA 95814 Pm (916) 658-8200 OF CALl FORN IA C I T I E S WX'qW. CACITI ES. O RG July 19, 2006 TO: Mayors, City Managers and City Clerks League Board of Directors General Resolutions Committee Members Members, League Policy Committees to Which Resolutions Are Referred RE: Annual Conference Resolutions Packet Notice of League Annual Meeting' Enclosed please find the 2006 Annual Conference Resolutions packet. Annual ConferenCe in San Diego. This year's League Annual Conference will be held September 6-9 at the San Diego Convention Center. The conference announcement has previously been sent to all cities and we hope that you and your colleagues will be able to join us. More information about the conference is available on the League's website at www.eaeities.org/ac. We look forward to welcoming city officials to the conference. Annual Business Meeting - September 9, 8:30 a.m. The League's Annual Business Meeting will be held on Saturday, September 9, 8:30 a.m. at the Marriott Marina Hotel, located adjacent to the San Diego Convention Center. Resolutions Packet. At the Annual Conference, the League will consider the four resolutions introduced by the July 10 deadline and included in this packet. We request that you distribute this packet to your city council. We encourage each city council to consider the resolutions and to determine a city position so that your voting delegate and alternate can represent your city's position on each. A copy of the resolutions packet is posted on the League's website for your convenience: www.cacities.org/resolutions. The resolutions packet contains additional information related to consideration of the resolutions at the Annual Conference. This includes the date, time and location of the meetings at which resolutions will be considered. Voting Delegates. 'Each city council is encouraged to designate a voting delegate and alternate to represent their city at the Annual Business Meeting. A letter asking city councils to designate their voting delegate and alternate has already been sent to each city. We invite your city's participation in this important League meeting to help develop League policy. I ! , Please Bring This Packet to the Annual Conference , ' September 6 - 9, San Diego ' I t INFORMATION AND PROCEDURES RESOLUTIONS CONTAINED IN THIS PACKET. This year, four resolutions have been introduced for consideration by the Annual Conference and referred to the League policy committees. The League bylaws provide that resolutions shall be referred by the president to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be referred to the General Resolutions Committee at the Annual Conference. POLICY COMMITTEES. Three policy committees will meet at the Annual Conference on Wednesday, September 6, at the Marhott Marina Hotel, located adjacent to the Convention Center. The Administrative · Services Policy Committee will meet from 10:30 a.m. - Noon., and the Community Services and Public Safety Policy Committees will meet from 1 - 2:30 p.m. The sponsors of the resolutions were notified of the time and location of the meeting. Please see page iii for the meeting schedule. THE GENERAL RESOLUTIONS COMMITTEE will meet at 1:30 p.m., on Friday, September 8, at the San Diego Convention Center to consider the reports of the three policy committees regarding the four resolutions. This committee includes one representative from each of the League's regional divisions, functional departments, and standing policy committees, as well as additional city officials appointed by the League president. THE CONCLUDING GENERAL SESSION/ANNUAL BUSINESS MEETING will convene at 8:30 a.m. on Saturday, September 9, at the Marriott Marina Hotel, San Diego. PETITIONED RESOLUTIONS. For those issues that develop after the normal 60-day deadline, a resolution may be introduced with a petition signed by designated voting delegates of 10 percent of all member cities (48 valid signatures required) and presented to the Voting Delegates Desk no later than 24 hours prior to the time set for convening the Annual Business Session of the General Assembly. This year, the deadline is 8:30 a.m., Friday, September 8. If the parliamentarian finds that a petitioned resolution is substantially similar in substance to a resolution already under consideration, the petitioned resolution will be disqualified by the General Resolutions Committee. Resolutions can be viewed on the League's website: www.cacities.org/resolutions. Any questions concerning the resolutions procedure should be directed to Linda Welch Hicks at the League office: lhicks~cacities.org or (916) 658-8224. II. GUIDELINES FOR ANNUAL . CONFERENCE RESOLUTIONS Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities and the League is through the League's eight standing policy committees and the board of directors. The process allows for timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. Annual conference resolutions constitute an additional way to develop League policy. Resolutions should adhere to the following criteria. Guidelines for Annual Conference Resolutions 1. Only issues that have a direct bearing on municipal affairs should be considered or adopted at the Annual Conference. 2. The issue is not of a purely local or regional concern. 3. The recommended policy should not simply restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives: (a) Focus public or media attention on an issue of major importance to cities. (b) Establish a new direction for League policy by establishing general principals around which more detailed policies may be developed by policy committees and the Board of Directors. (c) Consider important issues not adequately addressed by the policy committees and Board of Directors. (d) Amend the League bylaws. ii III. · LOCATION OF MEETINGS Policy Committee Meetings Wednesday, September 6, 2006 Marriott Marina Hotel (Located adjacent to the Convention Center) 333 W. Harbor Drive San Diego, CA 92101 (619) 234-1500 adjacent 10:30 a.m. - Noon 1 - 2:30 p.m. Administrative Services Community Services Public Safety Note: The following committees will NOT meet as there were no resolutions referred to them: Employee Relations; Environmental Quality; Housing, Community & Economic Development; Revenue and Taxation; Tranportation, Communication & Public Works Genera! Resolutions Committee Friday, September 8, 2006, l :30 p. m. San Diego Convention Center 111 W. Harbor Drive San Diego, CA 92101 (619) 525-5000 Concluding General Session/Annual Business Meeting Saturday, September 9, 2006, 8:30 a.m. Marriott Marina Hotel (Located adjacent to the Convention Center) 333 W. Harbor Drive San Diego, CA 92101 (619) 234-1500 !!1 IV. KEY TO ACTIONS TAKEN ON RESOLUTIONS Resolutions have been grouped by policy committees to which they have been assigned. Number Key Word Index Reviewin§ Body Action I I I 1 I 2 I 3 1 - Policy Committee Recommendation to General Resolutions Committee 2 - General Resolutions Committee · 3 - General Assembly ADMINISTRATIVE SERVICES POLICY COMMITTEE 1 2 3 1 I Annual C°nference Res°luti°ns Pr°cedures I I 2 I ^lternate Voting Delegates - Bylaws nmer~dment I I COMMUNITY SERVICES POLICY COMMITTEE 1 2 3 Health and Wellness in Cities I PUBLIC SAFETY POLICY COMMITTEE 1 2 3 I Forfeiture of Vehicles Used in Illegal Speed Contests 4 and Exhibitions of Speed 'NOTE: NO RESOLUTIONS WERE ASSIGNED TO THESE POLICY COMMITTEES: Employee Relations Revenue and Taxation Environmental Quality Transp., Communication & Public Works Housing, Comm. & Economic Dev. RESOLUTIONS INITIATED BY PETITION General Resolutions General Committee Assembly Recommendation Action iv KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued) KEY TO REvIEwING BODIES KEY TO ACTIONS TAKEN 1. Policy Committee A - Approve 2. General Resolutions Committee D - Disapprove 3. General Assembly N - No Action R - Refer to appropriate policy committee for study Action Footnotes a - Amend Aa - Approve as amended * Subject matter covered in another resolution Aaa - Approve with additional amendment(s) ** Existing LeagUe policy Ra - Amend and refer as amended to *** Local authority presently exists appropriate policy committee for study Raa - Additional amendments and refer Da - Amend (for clarity or brevity) and Disapprove Na - Amend (for clarity or brevity) and take No Action W '- Withdrawn by Sponsor Procedural Note: Resolutions that are approved by the General Resolutions Committee, as well as all qualified petitioned resolutions, are reported to the floor of the General Assembly. In addition, League policy provides the following procedure for resolutions approved by League policy committees but not approved by the General Resolutions Committee. Every resolution initially recommended for approval and adoption by all the League policy committees to which the resolution is assigned, but subsequently recommended for disapproval, referral or no action by the General Resolutions Committee, shall then be placed on a consent agenda for consideration by the General Assembly. The consent agenda shall include a brief description of the bases for the recommendations by both the policy committee(s) and General Resolutions Committee, as well as the recommended action by each. Any voting delegate may make a motion to pull a resolution from the consent agenda in order to request the opportunity to fully debate the resolution. If, upon a majority vote of the General Assembly, the request for debate is approved, the General Assembly shall have the opportunity to debate and subsequently vote on the resolution. V V 2006 ANNUAL CONFERENCE RESOLUTIONS RESOLUTIONS REFERRED TO ADMINISTRATIVE SERVICES POLICY COMMITTEE 1. RESOLUTION RELATING TO ANNUAL CONFERENCE RESOLUTION PROCEDURES Source: League Board of Directors Referred to: Administrative Services Policy Committee Recommendation to General Resolutions Committee: WHEREAS, in November 2005, the League Board of Directors authorized the League President to appoint a committee consisting of board members and others to review the League's Annual Conference Resolution process and to recommend any changes; and WHEREAS, the committee identified several opportunities to improve the resolutions process, which range fi.om substantive changes to technical clarifications; and WHEREAS, these recommendations were considered by the League's Administrative ServiCes Policy Committee and Board of Directors; and WHEREAS, because anYpolicies included in a resolution approved by the membership would not take effect until after the close of the 2006 Annual Conference, the League Board of Directors has adopted these recommendations as policies on an interim basis for the 2006 Annual Conference Resolution process; and WHEREAS, the League Board of Directors proposes this Annual Conference Resolution to provide League member cities the opportunity to review and approve the changes proposed for 2007 and beyond; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, September 9, 2006, that the following policies be adopted to guide the League's Annual Conference Resolutions Process. 1. Debate During Consideration of Resolutions A. At policy committees, the General Resolutions Committee and General Assembly, the presiding officials shall have the option to set time limits on speakers and request that speakers not repeat statements made by previous speakers. B. City officials who are League members and others shall be permitted to speak at policy committee meetings when policy committees are considering resolutions. Only League members shall be permitted to speak at the General Resolutions Committee. However, if a League member requests, through the chair, that a non-member individual be permitted to speak to a resolution, the chair may permit that individual to briefly address the Committee. Only League members shall be permitted to speak at the General Assembly. 2. Moving Resolutions through the General Resolutions Process A. The League reaffirms its policy adopted in 1998 by Annual Conference Resolution #2, that those resolutions that are approved by a policy comm!ttee or committees to which they were assigned but not approved by the General Resolutions Committee shall move forward to the General Assembly on a separate consent calendar. B. All petitioned resolutions meeting the requirements of the League bylaws shall move fr~m the General Resolutions Committee to the General Assembly, regardless of the recommendation of the General Resolutions Committee. C. For all other resolutions, only those that are approved by the General Resolutions Committee shall move forward to the General Assembly for consideration. 3. Credentials Committee A. The President of the City Attorneys Department shall recommend to the League President a city attorney to serve as an advisor to the credential committee to assist them in resolving credentials or voting eligibility questions. 4. Policy Regarding Advocacy Positions A. The League reaffirms its 1953 policy regarding League positions on ballot measures and legislation: The League should "...take action only on matters that are of broad municipal interest [emphasis in original]. In other words, it is preferable that the League act only on those matters that are of concern to a large number of cities, rather than to the cities of a g~ven area or to an individual city. Similarly, it is unsound for the League to take an active position on a subject when the cities in the state are about equally divided on each side of the issue. It has been the attitude of the board to attempt to resolve these issues so that a large majority of cities are on one side or the other." 5. Voting Procedures A. The configuration of the room in which the General Assembly is held shall be arranged so that the voting delegates and alternates are seated in one area of the room and the other attendees are seated in an other area of the room; and" B. Only those voting delegates and alternates with the appropriate identifying stamps on their conference name badges shall be admitted to the voting delegate area of the General Assembly. 6. Amendments of Petitioned Resolutions A. The General Resolutions Committee may not make amendments to petitioned resolutions; B. If the General Resolutions Committee wishes, it may recommend by a majority vote to the General Assembly technical or clarifying amendments to a petitioned resolution; C. Substantive amendments that change the intent of the petitioned resolution may only be adopted by the General Assembly. RESOLUTION RELATING TO TH~ NUMBER OF ALTERNATE VOTING DELEGATES A CITY MAY DESIGNATE - BYLAWS AMENDMENT (2/3rds vote required to approve) SOurce: League Board of Directors Referred to: Administrative Services Policy Committee Recommendation to General Resolutions Committee: WHEREAS, the General Assembly at the League of California Cities' Annual Conference is an opPortunity for League members to shape League policy; and WHEREAS, the League bylaws provide that each League member city has one vote at the General Assembly; and WHEREAS, to exercise this right to vote at the General Assembly, the League bylaws require that the city council in each League member city designate a voting delegate to represent it; and WHEREAS, to provide for any unforeseen inability of the city's voting delegate to attend the General Assembly, the bylaws also allow the city council in each League member city to designate an alternate voting delegate; and WHEREAS, periodically a number of cities have found themselveS in a situation in which neither their voting delegate nor their alternate was able to attend the General Assembly; and WHEREAS, the League desires that all member cities participate in the General Assembly so that resolutions adopted at the General Assembly reflect the full perspective of the League's membership; and WHEREAS, allowing member cities to designate an additional voting delegate alternate will encoUrage such full participation in the General Assembly; now, therefore be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, September 9, 2006, that the League allow city councils in member cities to designate one voting delegate and up to two alternates by amending~ section 3 of Article V (Membership Meetings) of the League bylaws as follows: Section 3: City Delegates as General Assembly. (a) Designation. Each Member City may, with the approval of the city council, designate a city official as the city's designated voting delegate e~ and, in the event that the designated voting delegate is unable to serve in that capacity, up to two alternate voting delegates. Co) Membership Decision-making Body. Designated voting delegates (or their altemates) constitute the League's General Assembly. (c) Registration for Annual Conference. For General Assemblies held in conjunction with the Annual Conference, designated voting delegates must register to attend the Annual Conference Bylaw language additions are indicated by underlining; deletions are indicated by :~2tz cms. 3 Background Information on Resolutions #1 and #2 Source: League Board of Directors Titles: · Resolution Relating to Annual Conference Resolution Procedures Resolution Relating to the Number of Alternate Voting Delegates a City May Designate - Bylaws Amendment Background: At its November 2005 meeting, the League Board of Directors authorized the League President to appoint a committee consisting of board members and others to review the issues and problems related to the League's Annual Conference resolutions process and to recommend changes to remedy the problems. The changes would be accomplished either through an Annual Conference resolution, new board policy, changes to internal League procedures, or other mechanisms. The Committee included the following individuals: Pat Eklund, Council Member, Novato (Chair) Paul Leullig, Council Member, Barstow Kara Ueda, Assistant City Attorney, Davis Debbie Cook, Council Member, Huntington Beach Pamyla Means, City Clerk, Irvine Marland Townsend, former Council Member, Foster City The need for the committee stems from the difficult and often divisive experience at last year's Annual Conference related to Proposition 76. Issues and problems that arose at the conference included whether petitioned resolutions can be amended by the General Resolutions Committee, whether the League should take a position on a ballot measure where the membership is divided, how to fairly provide oppommities for public comment at the conference, and perceived inappropriate' lobbying of voting delegates of the resolution at the conference by supporters and opponents of Proposition 76. In addition, prior to and during the conference, city officials and League staff identified other. issues and procedures related to the resolutions process that warrant evaluation and potential modification. Some are minor, technical modifications or procedural changes, while others involve resolving inconsistencies betWeen the provisions of the League bylaws and the League's historical practices or resolving ambiguitiesin our procedures. Committee Review Process: The Annual Conference Resolutions Process Committee met by conference call four times to discuss and make recommendations on the following Annual Conference Resolutions process topics. 1. Resolutions - Referral to Policy Committees and Moving Resolutions from General Resolutions Committee to General Assembly 2. General Resolutions Committee and General Assembly - Pubic Comment 3. Credentials Committee 4. Voting Delegates 5. Resolutions - Procedures Related to Multiple Petitioned Resolutions that are Identical or Similar 6. Resolutions Related to League Positions on Ballot Measures 7. Voting and Lobbying at the General Assembly 8. Resolutions - Amending Petitioned Resolutions The Administrative Services Policy Committee reviewed the committee's recommendations in March and unanimously adopted the recommendations from the special committee. The League Board 4 concurred and approved the recommendations, with the exception of the recommendation related to amending petitioned resolutions. The Board modified the recommendation regarding amendment petitioned resolutions to clarify that petitioned resolutions may not be amended by the General Resolutions Committee. Implementation for 2006: In addition to the items included in this resolution, the committee and Board adopted a number of procedural changes that have been or will be implemented through internal staff procedures. For example, consistent with the League's bylaws, cities must demonstrate that designation of their voting delegates and alternates are the result of council action. In the past, some cities have provided documentation of council action (or affirmed that the designati°n reflects council action), but many cities did not. The League has reaffirmed this requirement in voting delegate the information sent to cities. As stated in the resolution, because the Annual Conference Resolution acted upon at the 2006 conference will not go into effect until the 2007 conference, the Board of Directors has adopted, as an interim policy, the substance of the resolution so that it can be implemented in 2006. The exception is the recommendation to increase the number of alternate voting delegates to-two. Bylaws Change: The committee recommended, and the Administrative Services Policy Committee and Board agreed, that the number of voting delegate alternates that cities may designate should be increased from one to two. This is recommended to provide greater flexibility to cities and city officials who have last minute problems with travel plans and so that their city can participate in the General Assembly and be able to cast a vote on the resolutions This requires a bylaws change, which must pass by a two-thirds vote to be adopted. Resolution No. 2 would implement this recommendation. As a bylaws change, it requires a 2/3 vote to be approved. ////////// RESOLUTION REFERRED TO COMMUNITY SERVICES POLICY COMMITTEE 3. RESOLUTION RELATING TO ENCOURAGING HEALTH AND WELLNESS IN CITIES Source: Community Services Policy Committee, and Recreation, Parks & Community Services Department Referred to: Community Services Policy Committee Recommendation to General Resolutions Committee: WHEREAS, in 2004, the League adopted an Annual Conference resolution to encourage cities to embrace policies that facilitate activities to promote healthier lifestyles and communities, including healthy diet and nutrition and the adoption of city design and planning principles that enable citizens of all ages and abilities to undertake exercise; and WHEREAS,.one of the League of California Cities strategic goals for 2006 is to promote and develop safe and healthy cities; and WHEREAS, the members of the League's Recreation, Parks Community Services Department, which consists of professionals within city departments such as parks and recreation, libraries and human services, has expertise in the field of healthy cities; and WHEREAS, the City, County, State (CCS) Partnership, of which the League is a member, is encouraging local government to adopt and promote policies and programs that address issues of health and well-being; and WHEREAS, many cities currently provide health and wellness programs, promote planning principles that provide a healthy environment, and have excellent examples of successful programs; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, September 9, 2006, that the League, in cooperation with the Community Services Policy Committee, the Recreation, Parks and Community Services Department, and the CCS Partnership, work together to develop a clearinghouse of information that cities can use to promote wellness policies and healthier cities; and, be it further RESOLVED, that this activity take the form of a toolkit on the League's website for cities to visit in order to share, find and develop successful models of health and wellness to use in their respective communities to achieve the goal of safe and healthy cities; and, be it further RESOLVED, that Health and Wellness programs become a topic for the Helen Putnam Awards Program beginning in 2007; and, be it further RESOLVED, 'that the three groups continue to work throughout 2007 in an effort to implement this resolution. RESOLUTION REFERRED TO PUBLIC SAFETY POLICY COMMITTEE 4. RESOLUTION RELATING TO FORFEITURE OF VEHICLES USED INILLEGAL SPEED CONTESTS AND EXHIBITIONS OF SPEED Source: City of Elk Grove Referred to: Public Safety Policy Committee Recommendation to General Resolutions Committee: WHEREAS, according to public safety professionals, illegal speed contests and exhibitions of speed pose a real, serious threat to the health and safety of the public, interfere with pedestrian and vehicular traffic, create a public nuisance, and interfere with the right of individuals and businesses to enjoy the use of their property; and WHEREAS, public health and safety can be enhanced when illegal speed contests and exhibitions of speed are discouraged and prevented by the enactment of local ordinances that seek to impose forfeiture of vehicles used in such events as a penalty for illegal speed contests and exhibitions of speed; and WHEREAS, California state law does n°t appear to expressly authorize cities or counties to enact local ordinances that impose vehicle forfeiture as a penalty for illegal speed contests and exhibitions of speed; and WHEREAS, consistent with the mission and core beliefs of the League of California Cities, providing cities and counties with the flexibility in state law to impose the penalty of vehicle forfeiture for illegal sgeeff6ontests and exhibitions of speed enhances public safety and facilitates local control; ~now, there~'~-ore, be it RESOLVED, by the General Assembly of the League of Califomia Cities, assembled in Annual Conference in San Diego, September 9, 2006, that the League co-sponsor state legislation to expressly authorize cities and counties to impose vehicle forfeiture as a penalty for illegal speed contests and exhibitions of speed. Background Information on Resolution g4 Source: Ciiy of Elk Crrovc Title: Resolution Relating to Forfeiture of Vehicles Used in lllegal Speed Contests and Exhibitions of Speed Background: Street racing is a growing concern not just in thc City of Elk Grove, but in many communities statewide. In order to protect public health, safety, and welfare, cities and counties may seek to enact ordinances to address this problem, including ones that would impose vehicle forfeiture as a penalty for illegal speed contests and exhibitions of speed. Unfortunately, state law does not appear to expressly authorize cities or counties to enact such ordinances and they may be vulnerable to court challenge. The City of Elk Grove is submitting this resolution to seek League co-sponsorship of legislation that would expressly authorize cities or counties to enact local ordinances - at their discretion - that may impose vehicle forfeiture as a penalty for illegal speed contests and exhibitions of speed. ////////// [NOTE: No resolutions were assigned to the following policy committees: Employee Relations; Environmental Quality; Housing, Community & EConomic Development; Revenue and Taxation; and Transportation, Communication & Public Works.] [:-',.', i{';',:.'t~C¢':~E ~/r)~ ¢,- .! a C('~'~¢.~ ¢:.~t'¢s('~i!.¢tic;n.,;.."['{(;s(',iiJi:i(?*~s 20~..',6/[:~Ea}}()[.kJ"i"iC.'¢iS ~:"AC~<E'"i' 06 ADMINISTRATIVE REPORT MEETING DATE: July 19, 2006 AGENDA SECTION: Consent Calendar ITEM: I~,. TO: Honorable Mayor and City Council APPROVED FROM: Alan Christensen, Assistant City Manager DEPARTMENT HEAD DATE: July 5, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: 2006 Legislative Platform RECOMMENDATION: Legislative and Litigation Committee recommends approval. BACKGROUND: Current legislative concerns are captured in the City's Legislative Platform, which identifies the City's legislative priorities for the year. This allows the City to focus its limited resources on areas of greatest concern. It also provides a basis for quick response by City legislative advocates and departments to' legislative issues that arise. Each year the Legislative Platform is reviewed to see if it reflects current needs. The Legislative and Litigation Committee met on June 20, 2006 to review the 2006 Platform for possible changes. The Committee added two paragraphs regarding: 1) efforts to ensure a clean, high-quality.water supply; and 2) prevent local water from leaving Kern County. With the proposed change, the Committee feels the Platform reflects the City's current legislative concerns. Therefore, the Legislative and Litigation Committee respectfully requests that Council accept the proposed 2006 Legislative Platform. June 30, 2006, 3:11 PM S:V~dmin Rpts~006V~DM05July06LegislativePlatform 071906.doc ~ CITY OF BAKERSFIELD 2006 LEGISLATIVE PLATFORM THE CITY OF BAKERSFIELD PROVIDES GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE. THEREFORE, IT IS INCUMBENT UPON ITS ELECTED OFFICIALS TO PROVIDE LEGISLATIVE LEADERSHIP ON ISSUES WHICH POTENTIALLY COULD IMPACT THE CITY OF BAKERSFIELD. THE FOLLOWING POLICY STATEMENTS REFLECT THE LEGISLATIVE PLATFORM OF THE CITY OF BAKERSFIELD FOR 2006. GENERAL POLICY STATEMENTS SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S FISCAL AUTONOMY AND CHARTER CITY STATUS TO ALLOW DISCRETIONARY AUTHORITY OVER LOCAL, STATE AND/OR FEDERALLY MANDATED PROGRAMS. SUPPORT LEGISLATION WHICH PROVIDES FOR GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE WHENEVER IT IS MOST LIKELY TO PRODUCE THE MOST EFFECTIVE AND EFFICIENT RESULT. .SUPPORT LEGISLATION WHICH MAINTAINS AND/OR ENHANCES THE CITY'S LAND USE DECISION-MAKING AUTHORITY. SUPPORT LEGISLATION WHICH FOSTERS MUTUALLY AccEPTABLE METHODS FOR CITIES AND COUNTIES AND OTHER PUBLIC AGENCIES TO WORK TOGETHER TO SOLVE ISSUES OF LOCAL CONCERN. SUPPORT LEGISLATION WHICH MAINTAINS THE PROVISION OF ESSENTIAL PUBLIC UTILITY SERVICES (E.G., ELECTRICITY, NATURAL GAS, WATER) IN A COST-EFFECTIVE MANNER SUPPORT LEGISLATION WHICH ENSURES A GOOD~ CLEAN~ HIGH QUALITY WATER SUPPLY. OPPOSE LEGISLATION WHICH ALLOWS STATE OR FEDERAL CONTROL OVER AND USE OF TRADITIONAL MUNICIPAL GOVERNMENT REVENUE SOURCES. OPPOSE LEGISLATION WHICH SHIFTS TO THE STATE OR FEDERAL GOVERNMENT CONTROL OVER TRADITIONAL MUNICIPAL AFFAIRS. OPPOSE LEGISLATION WHICH DETRIMENTALLY IMPACTS THE LOCAL ECONOMY. OPPOSE LEGISLATION THAT PLACES GOVERNMENT AGENCIES IN COMPETITION FOR LIMITED FISCAL RESOURCES OR ENCOURAGES SHIFTING OF SERVICE RESPONSIBILITY WITHOUT PROVIDING ADEQUATE FUNDING. Page I of 3 QUALITY OF LIFE SUPPORT LEGISLATION WHICH PROMOTES SAFE, EFFICIENT, COST EFFECTIVE, AND RESPONSIBLE MANAGEMENT OF THE ENVIRONMENTAL COMPONENTS OF ISSUES SUCH AS URBAN DEVELOPMENT, AIR QUALITY, WATER QUALITY, TRANSPORTATION, WASTEWATER TREATMENT, AND SOLID WASTE MANAGEMENT. SUPPORT LEGISLATION WHICH INCREASES CITY PARTICIPATION AND REPRESENTATION 'IN COUNTY, STATE AND FEDERAL ISSUES OF REGIONAL CONCERN. SUPPORT LEGISLATION WHICH PROVIDES INCREASED FUNDING OF CULTURAL, RECREATION AND OPEN SPACE PROGRAMS. SUPPORT LEGISLATION WHICH PROVIDES APPROPRIATE CITY OF BAKERSFIELD REPRESENTATION ON POLICY-MAKING BODIES WITH INTER JURISDICTIONAL POWERS (E.G., THE LOCAL AGENCY FORMATION COMMISSION, THE COUNCIL OF GOVERNMENTS, AND THE KERN COUNTY WATER AGENCY'S IMPROVEMENT DISTRICT #4). SUPPORT LEGISLATION WHICH PROVIDES APPROPRIATE FUNDING MECHANISMS FOR THE PROVISION OF LOCAL PUBLIC SAFETY SERVICES. SUPPORT LEGISLATION WHICH ENSURES THAT KERN RIVER WATER REMAINS IN THE AREA~ AND OPPOSE EFFORTS TO EXPORT IT OUT OF THE COUNTY OF KERN. OPPOSE LEGISLATION WHICH 'INCREASES THE COST OF OR ENDANGERS THE CLEAN, RELIABLE SOURCE OF WATER AVAILABLE TO THE CITY FROM THE KERN RIVER. GENERAL GOVERNMENT SUPPORT LEGISLATION WHICH EXPANDS THE CITY'S ABILITY TO DEAL ON A STATE LEVEL WITH STATE-MANDATED ISSUES AFFECTING THE FINANCIAL CONDITION OF THE CITY. SUPPORT LEGISLATION WHICH ENHANCES MUNICIPAL CONTROL OVER PROGRAM SCOPE, IMPLEMENTATION, AND FUNDING. SUPPORT LEGISLATION WHICH PROVIDES FOR EQUITABLE DISTRIBUTION OF STATE FUNDS FOR CITY PROGRAMS. SUPPORT LEGISLATION WHICH CONSOLIDATES SPECIAL DISTRICTS WITH OVERLAPPING JURISDICTIONS AND/OR RESPONSIBILITIES WHERE SUCH CONSOLIDATION IS CLEARLY OF BENEFIT TO THE CITY. OPPOSE LEGISLATION WHICH INTRUDES INTO THE CITY'S COLLECTIVE BARGAINING PROCESS AND RIGHTS. Page 2 of 3 ,FINANCES SUPPORT LEGISLATION WHICH ADVOCATES RESPONSIBLE AND REASONABLE STATE- MANDATED PROGRAMS IF REVENUES PROVIDED AND SUCH LEGISLATION IS OF CLEAR BENEFIT TO THE CITY. SUPPORT LEGISLATION WHICH PROMOTES CONTINUED DIVERSIFICATION OF THE LOCAL ECONOMY, SUPPORT LEGISLATION .WHICH REDUCES THE NEGATIVE FINANCIAL AND OPERATIONAL IMPACTS OF TAX INCREMENT FINANCING ON AFFECTED REDEVELOPMENT AGENCIES, SUPPORT LEGISLATION WHICH IMPROVES CITY GOVERNMENT'S ABILITY TO FINANCE DISCRETIONARY PROGRAMS, SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S ABILITY TO FUND ITS CAPITAL INFRASTRUCTURE NEEDS, SUPPORT LEGISLATION WHICH PROMOTES THE USE OF LOCAL BANKS WHERE POSSIBLE AND LOCAL BRANCHES OF NATIONAL BANKS AND FINANCIAL INSTITUTIONS FOR CITY INVESTMENT, OPPOSE THE IMPOSITION OF FEES AT THE MUNICIPAL LEVEL TO FUND STATE PROGRAMS NOT RELATED TO MUNICIPAL MATTERS. Page 3 of 3 ADMINIST TIVE REPORT MEETING DATE: July 19, 2006 I AGENDA SECTION: Consent Calendar I ITEM: [;;~., r3rhrh. TO: Honorable Mayor and City Council APPROVED FROM: Alan Christensen, Assistant City Manager DEPARTMENT HEAD SUBJECT: Appointment of League Voting Delegate and Alternate at Annual Conference // / RECOMMENDATION: The Legislative and Litigation Committee will provide a recommendation following their July 18, 2006 meeting. BACKGROUND: Each year, as part of the City's membership in the League of California Cities, the City Council appoints a Voting Delegate and Alternate to represent the City's position on resolutions at the annual business meeting of the League's Annual Conference. This year's annual conference is being held September 6- 9, 2006 in San Diego. The annual business meeting will be held on Saturday, September 9, beginning at approximately 10:00 a.m. The Legislative and Litigation Committee will be meeting on July 18, 2006, to discuss this issue. The Delegate and Alternate are typically appointed from among elected leaders attending the Annual Conference. Appointees for Council approval have traditionally been recommended by the Legislative and Litigation Committee. The Legislative and Litigation Committee will provide a recommendation for this year's League Voting Delegate and Alternate by separate correspondence following the meeting on July 18, 2006. July 13, 2006, 11:31AM S:~Admin Rpts~006~ADMVotingDelegate 07192006.doc ., Je--.--.a.n~-v.pa.r.ks ' L~g,-~. L~t- Ju.._.._.~v_ ly_meet'ng ,te~. ~ ............... ., ......................... From: Rhonda Smiley To: Jean Parks Date: 6~22~2006 5:06:20 PM Subject: Leg & Lit - July meeting item FYI - For the July 19th meeting agenda - recommendation for Voting Delegate and Alternate Designee for League Annual Meeting (or however you would appropriately word it). Needs to be on July committee meeting agenda, because Council will need to take action at the August 15th meeting. Thx. CC: Alan Christensen ADMINISTRATIVE REPORT MEETING DATE: June 21, 2006 I"~GENDA SECTION: ~c~'-~ I ITEM: I F~. ~. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: June 9, 2006 CITY ATTORNEY //"~- CITY MANAGER SUBJECT: Resolution Adopting Council Policy Regarding Councilmember Reimbursement for Expenses (AB 1234) RECOMMENDATION: Legislative and Litigation Committee Recommends Adoption BACKGROUND: AB 1234 (Saiinas) became effective January 1, 2006. This bill requires cities (including charter cities) which provide Councilmembers reimbursement for expenses, to adopt a written policy which sets forlh the parameters under which such reimbursement may be received and what expenses qualify. In addition, the new law requires that Councilmembere who are eligible for reimbursement complete a two- hour ethica class by January 1,2007. In order to promptly comply with AB 1234, City Council approved a resolution recommended by the Legislative & Litigation Committee meeting at its regularly scheduled City Council meeting on February 22, 2006. It was understood that the Legislative & Litigation Committee would continue to review and revise the Resolution in order to develop language that provided for advance reimbursement for specific situations. The attached red-lined version contains the recommended changes, as approved by the Legislative and Litigation Committee, to the Resolution. In summary, the Resolution now provides a list of specific events (see Exhibit A to the Resolution) for which the Mayor and Councilmembers may receive advance reimbumement. If the Mayor or a City Councilmember desires to be reimbursed for an event that is not listed on Exhibit A, such reimbursement must be approved by a majority of the City Council, either in advance or subsequent to an event. The Resolution also requires that recipients of reimbursement must complete an expense report to the appropriate legislative body, which is subject to public disclosure, and subject to certain lodging, meal, travel, an~ incidental expense limitations. Firmliy, the Resolution clsrifies that for City of Bakersfield legislative members, other than the Mayor and City Council, expenses are reimbursed at the discretion of the City Manager. If approved, the Resolution should be placed in City Council's Policy and Procedure Manual and replace, in its entirety, the previous Resolution on the topic. VG:do $:~COUNCIL~Admins~05-(~ AdminsttAB 1234.doc PUBLIC STATEMENTS SPEAKER'S CARD Le.qislative and Liti.qation Committee of the City Council Committee Meeting Date ~'-//---) - ("2 ~ You are invited to address the Committee under Public Statements on any subject that is listed on the Committee Agenda. Public statements are limited to three (3) minutes per speaker. The Committee may, by simple majority vote, waive the time limit. No action will be taken; this Committee gathers information and reports back to the City Council. Please fill out a Speaker's Card and present it to the Committee Chair: Councilmember Zack Scrivner Company/ ' Organization: Address: r~,O ~,~ Phone: (-~::) (~)- ,..2)~ ~-"'7~7 ~ ' Fax/e-mail: B A K E R S-' F I E L D OFFICE OF THE CITY ATTORNEY MEMORANDUM May 15, 2006 TO: LEGISLATIVE AND LITIGATION COMMI~r~EE /~- FROM' VIRGINIA GENNARO, CITY ATTORNE~~o~ SUBJECT: RESOLUTION ESTABLISHING WRITTEN POLICY FOR REIMBURSEMENT OF CERTAIN EXPENDITURES Attached is a redlined version to the Resolution Establishing a Wdtten Policy for Reimbursement of Certain Expenditures for City Legislative Members and the Requirement for Ethics Training Hopefully you will have time to review before it is discussed at your Leg & Lit meeting tomorrow. VG:do S:\Office\FORMS\MEMO.doc RESOLUTION NO. RESOLUTION ESTABLISHING A WRITTEN POLICY FOR REIMBURSEMENT OF CERTAIN EXPENDITURES FOR CITY LEGISLAT~¥E MEMBERS ,..,-~, ,~..-,, ~,,=,~,,,:.=D~ ^,~,n ,"n.~.,~,,,~=,n,~,CD~ AND THE REQUIREMENT OF FOR ETHICS TRAINING. WHEREAS, Assembly Bill 1234 (Salinas) imposes new restrictions on compensation and reimbursement of expenses for members of local legislative bodies and creates a new ethics training requirement for local public officials; and WHEREAS, Government Code sections 54950 et sq., also known as the Ralph M. Brown Act, defines "members of a legislative body" to include the members of any Commissions or advisory bodies created by the Council; and .WHEREAS, the City of Bakersfield has several standing Commissions, including, the Bakersfield Planning Commission, the Bakersfield Fire Civil Service Commission, the Bakersfield Police Civil Service Commission, the Bakersfield Miscellaneous Civil Service Commission and the Bakersfield Redevelopment Agency; and WHEREAS, Assembly Bill 1234 requires cities and other public agencies to adopt a written policy, in a public meeting, that lists the types of occurrences that qualify members of a legislative body to receive reimbursements for expenses relating to travel, meals, lodging, and other expenses; and WHEREAS. this po~iC.V will satisfy the. requirements of Gc~..v. ernment Co..d.e sections 5~3232.2 and 53233~3 in the event such reaUirements could be ~titutionel~¥ aDpiied tocharter cities~ and WHEREAS.. the benefits~of this pol~c.¥ include: ___ The or~r~ortunity to disc.u.s_s the community's concerns with s_tate and federa~ officials: PeJ~ticipatin~ ~qiona~.. state and natiorm~ orqanizafions whose activities affect the citv~ 3. A~tendin~ educafione~ seminars desiqned ~o improved officials' ski~ and information ~evels~ and 4. Promotin~ ~lb~ic service and morale bv recognizing'such ~ervice, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield as follows: SECTION 1 FINDINGS AND DETERMINATIONS The C!ty Council hereby finds and determines that the above recitals are true and correct and serve as the basis, in part, for the findings and actions of the City set forth below. SECTION 2 DIRECTION The City Council hereby adopts the following Reimbursement and Ethics Training Policy for members of the City Council and all City Commissions: A. ADVANCE REIMBURSEMENT. SA~bject to the submission of ar~ expense report as set forth in paragraph "D" below., t:Fhe Mayor and members of City Council may be reimbursed., ,,..,, ,.,,..,.,'"'~'"'h~'-o .,,"'* r,~+,,...,,~ ,,.~,.,,.~,, v..~'"'~o~o*~,," .,,.,,..,,...,h'-'~'o in advance., for actual and necessary expenses in connec_t[on with events ~isted in Exhibit "A"; atteche_d hereto, 'and inc~tedbv reference herein ~ ....... ,~ in 'l-hn nnr~ ........ f nffl,',i~l A,,'H,'~° Thio ...... *~ .... **G"~' The reimbursement of expenses is limited in ,-I;r~,-,+h, r,~l,'~+,~,,'.l +,-~ ,'~ r~,,-~mh,,'.,r'o '"'"'"'1'''''''''''v''' the following manner: 1. LODGING. Lodging costs in conjunction with a conference or other official activity may not exceed the maximum group rate published by the conference or activity sponsor, if lodging at the group rate is available at the time of booking. If not, the member shall be reimbursed for lodging at comparable rates, or rates established by the Internal Revenue Service. 2. MEALS. Meals may be reimbursed at standard rates established by the Internal Revenue Service. 3. TRAVEL. Members shall use government or group rates for travel, when available. If not available, members may be reimbursed according to the standard ~ates established by the Internal Revenue Service. 4. INCIDENTAL EXPENSES. Incidental expenses, including but not limited to tips and business telephone calls may be reimbursed at the rates established in. Internal Revenue Service Publication 463 and as amended from time to time. Any additional expenses that fall outside the scope of this policy may be reimbursed only if approved by the City Council, at a public meeting, before the expenses are incurred. ,~UBSEQUENT F~I~I~URSE~ENT. For events not ~isted on "A". the Mayor and City. Councilmembers must s.eek Council approval before any exDensesare reimbursed. C. .OTHER LEGISLATIVEMEMBERS For al~ City of Bakersfield legislative, members, except the Mayor and City Council. Exhibit "A" does not ap.~l¥ and ex~)enses shall be reimbursed at the discretion o~the City it/iana~.er's Office an~ ap. Drovedb.v the City Council at a public meeting; e~her in advance or s~bsequent tc the event. In either case., ex,~enses shall be ~imitecl as set forth in Daraara~)h "A", subsectiar~s I -'4 above ........ _;~B. EXPENSE REPORTS. ~[embers of s~ City ~e;fislative.. bodies seekin~ reJmbu.rseme~f~e×;)enses must submit such requests ~""Cit.v approved expense, ~ Such repo~s are public records subject to disclosure. In addition, all Ci~ legislative members must provide brief repo~s on any 'outside meetings a~ended at the expense of the City at the next regular meeting of the legislative body~ ETHICS TRAINING. ~;*" ~"~;~~"~ ~ aAII members of Ci~ legislative bodies shall receive at least two hours of ethics training in general ethics principles and ethics laws relevant to his or her public se~ice every two years. New members must receive this training within their first year'of se~ice on a legislative body. An individual who se~es on multiple legislative bodies need only receive twO hours of ethics training eve~ two years to satisfy this requirement for all applicable public se~ice positions. The City C~erk will be required to keep ethics training records for at least five years to document and prove that these continuing education requirements have been satisfied. The City may develop its own ethics training course or use an outside provider. If the Ci~ develops its own ethics, training, the City must consult with the Fair Political Practices Commission and theState AEorney General. SECTION 3 EFFECTIVE DATE This Resolution shall take effect immediately upon its adoption. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED By HARVEY L. HALL. Mayor APPROVED as to form: VIRGINIA GENNARO City Attorney By: VIRGINIA GENNARO CITY ATTORNEY S:\COUNCIL\Resos\05-06 Resos\Expenditures rdln.htm EXHIBIT "A" Chamber of Commerce State of the City KernCog Award Reception (If COB is a recipient) Kern County Association Meetings of Cities Kern Transportation Foundation Forum League of Calif. Cities Event (Annual Conf. & Exec. Forum) L®eque~of California Cities.. So~uth Sar~ Jo~quin Valley Divi~.i_onI~eetinqs Sister City Receptions and Trip (Mayor and Vice- Mayor only) So Cai Water Association Meetings Vision 2020 State of the Vision Water Association of Kern County Annual Meeting Miscellaneous Basic Cell Phone Charges Computer Supplies Internet Access Isom C. Kennedy 605 Empty Saddle Lane Bakersfield CA 93309 661-978-4067 To Whom It May Concern: On the subject of neighbor hood noise, I must confess I have suffered at the hands of neighbors who for what ever reason seem oblivious to the fact that not everyone shares their enthusiasm for loud music, loud motorcycles, and car engines being raced to excessive levels for their enjoyment. I have encountered this at my present address of. some ten years, and at my previous address (2705 Trent St. Bakersfield CA) where I resided for 17 years. I have generally been able to work things out with my neighbors by asking them to refrain fi.om making the offending noise but not always. When someone simply refuses to desist making the noise, you have no choice but to either put up with it, or leave your residence until the noise hopefully at some P°int in time abates. I have had to resort to leaving my home on several occasions over the years for just that reason. When the level ofnoise reaches a point where you can't shut it out ofyour home with the windows and doors closed, it can be excruciatingly annoying. Especially if one has to arise at an early hour that they may arrive at the their place of employment in a timely manner. There is one thing that is certain, someone not making noise isn't offensive to anyone, while someone making excessive noise is often offending several people simultaneously. In my opinion it should not be up to the individual to control excessive noise in their neighbor hood anymore than it is up to the individual to enforce vehicular laws. In other words there should be a political process for controlling noise so that one is not put at risk by asking that noise be silenced. In today's world it can be dangerous to confront others about their behavior. Noise control should fall under the auspices of law enforcement. Isom C. Kennedy . ~:~.~;:~:! i.:~?:: Murphy: i April 03, 2006 at 07:58 PM Citizen Forum The Bakersfield Police Department has embark'ed on a new and innovative community education' program called Citizens Forum. This program places community members in an interactive law enforcement 'scenario as a police officer. We will provide the citizen participants with a unifOrm, simulated handgun, baton and other implements commonly used by officers of the Bakersfield 'Police Department. They Will;then be tasked with working through a pre-planned scenario in a manner they feel is correct. The fact that.these.citizens lack law enforcement training will not be a factor. The result: of actually working through ~a realistic police scenario will provide the particiPant and the audience with a real time leaming experience. Often times, citizens ask WHY police officers use the techniques they do? The Citizens Forum Will.provide citizens with a way to answer these questions. This is a one of a kind program that has the potential to enhance.the relationship between law enforcement and the community. For information regarding the Citizen Forum and when the next forum will be held please contact: Officer Ron Rice at (661) 326-3981 http://vvww.qcode, us/codes/bakersfield/ above link for city municipal code 9.22.010 Purpose. A. The city council declares and finds that excessive, unnecessary and annoying noise levels are detrimental to the public health, welfare and safety and contrary to the publicinterest as follows: 1. By interfering with the comfortable enjoyment of life, the full use and enjoyment of property, and with the conduct and operation of business and industry; 2. By contributing to hearing impairment and a wide range of adverse physiological and psychological stress conditions; and 3. By adversely affecting the value of real property. B. It is the intent of this chapter to protect persons from excessive levels of noise and the following regulations are enacted for this purpose. (Ord. 3924 § 3 (part), 1999) : The following words, phrases and terms as used in this chapter shall have the following meanings specified in this section: "Amplified sound" means sound created by the use :of sound-amplifying equipment. "Central traffic district' means that portion of the city defined as such bY Chapter 10.08 or any other ordinance hereafter adopted 'bY the city. "Construction" means any site preparation, assembly, erection, substantial repair, alteration, demolition or similar action, for or of private or public rights-of- way, structures, utilities or similar property and includes the transportation or delivery of any materials, tools, equipment or personnel to.or from the site of any construction project for the loading or unloading or use of such materials, tools, equipment or personnel. "Emergency work" means work made necessary to restore property to a safe condition following a public calamity, work required to protect persons or property from exposure to danger, or work by private or public utilities when restoring utility services. "Person" means any individual, partnership, corporation, organization, or association of any nature whatsoever. "Public place" means any area open to the public within the jurisdiction and control of the city of Bakersfield. "Public right-of-way" means any street, avenue, boulevard, highway, sidewalk, alley, easement or the like dedicated to and accepted by the city of Bakersfield. "Sound equipment" means and includes any loudspeaker, public address system, sound amplifier, radio or phonograph equipped with a loudspeaker or sound amplifier, or any machine or device for the amplification or reproduction of the human voice, music or any other sound, when operated or maintained in such a manner as to cause any such sound to be audible to a person of average hearing faculties or capacity in, on or over any public right-of-way, public building, park or other public place or any private premises or vehicle other than that in or- upon which any such machine or device is being operated or maintained. It does not include the operation of any public address system, loudspeaker or other In addition to the penalty provided for in Chapter 1.40 of this code, a property owner'shall be assessed a service fee pursuant to Chapter 3.70 if Bakersfield enforcement personnel respond more than one time in a thirty-day period for violation(s) of this chapter. (Ord. 3924 § 3 (part), 1999) .22.070 Other remedies. No provision of this .chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damages arising from any violation of this chapter. (Ord. 3924 § 3 (part), 1999) C'i~ Ordinance. for Amplified Sound-~ . 9.22.080 Purpose. The city council enacts this article for the sole purpose of secudng and prOmoting the public health, comfort, safety and welfare of its citizenry. While recognizing that the use of sound-amplifying equipment is protected by the constitutional rights of freedom of speech'and assembly, the council nevertheless feels obligated to reasonablY regulate the use of sound-amplifying equipment in order to protect the constitUtional rights of the citizens of this community to privacy and freedom from public nuisance of loud and unnecessary amplified sound. (Ord. 3924 § 3 (part), 1999) 9.22.090 Registration and permit required. No person, other than personnel of law enforcement or governmental agencies, shall operate, maintain, or cause, allow or permit to be operated or maintained any sound equipment in the city before filing a registration statement in writing with the city finance director or his or her designee and procuring a valid permit. The registration statement shall be made on forms to be furnished by the city, shall be submitted no less than two working days prior to the event, shall be filed in duplicate and shall contain the following information: A. Name, address and telephone number of: 1. The registrant, 2. The owner of the sound equipment, 3. The person in direct charge of the sound equipment, and 4. All persons who will use or operate the sound equipment; B.. A general description of the sound equipment which is to be used; C. The location where such sound equipment is to be used; if on a ,.s..0. und truck, the name and address of the registered owner and the license number of same, and a general statement of the area or areas of the city in which such sound truck is to be operated; D. ^ general statement of the purpose for which such sound equipment is to be used; machine 'or device for the necessary amplification or reproduction of sound in connection with any program, entertainment, contest, public celebration, performance, show, exhibit or similar event, with a volume no louder than necessary for the convenient hearing of those within the building, enclosure or space in which such program, entertainment, contest, public celebration, performance, show, exhibition or similar event is staged or conducted; the operation of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound with a volume no louder than necessary fOr the convenient hearing of the person or persons who are within the room, building, vehicle, chamber, space or lOcation in which such machine or device is operated and are voluntary listeners thereto; or warning device on authorized emergency vehicles or horns or other authorized emergency vehicles or horns or other authorized warning devices on any vehicle used for traffic safety purposes. "Sound truck" means any vehicle having mounted thereon, or attached thereto, any sound equiPment defined in the definition of "sound equipment" of this section. (Ord. 3924 ~§ 3 (part), 1999) : 9.22.030 .Noise generally. A. It is unlawful for any person to willfully make or continue, or allow to be made or continued, any loud, unnecessary noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to persons residing within one thousand feet of the noise source. B. The standards which may be considered in determining whether a violation of the provisions of this section exists may include, but are not limited to thefollowing: 1. The level of the noise; 2. The level and intensity of any background noise; 3. The proximity of the noise to residential sleeping facilities; 4. The nature and zoning of the area within which the noise occurs; 5. The density of habitation of the area within which the noise occurs; 6. The time of the day or night the noise occurs; 7. The duration of the noise; 8. Whether the noise is recurrent, intermittent or constant. C. Refrigerator trucks shall be permitted to operate in any commercial or manufacturing zone at all hours; provided, however, that such use does not emit noise or vibration detrimentally impacting neighboring residential properties and the occupants thereof between ten p.m. and seven a.m. (Ord. 3924 § 3 (part), 1999) 9.22.040 Exemptions. No person shall operate, or cause, allow or permit to be operated any aircraft for any purpose in or over the city from which any sound equipment is being operated with volume sufficiently loud to be audible to a person of average hearing faculties or capacity in or on any private premises:in such city. (Ord. 3924 § 3 (part), 1999) 9.22.140 Amplified sound frOm vehicles. Except as otherWise allowed under this chapter, no person shall use or operate or permit to be used or operated a radio, tape player, tape recorder, compact disc player, or any similar device in or attached to a vehicle whether moving, stopped or parked, occupied or unoccupied, which is audible to a person of normal hearing sensitivity more than fifty feet from such vehicle or, as to any vehicle not located on a public street, so audible more than fifty feet from the property line of the property on which such vehicle is located. This section shall not apply to acts proscribed by Vehicle Code Section 27007 after the effective date of such section, to any sound system being operated to request assistance or to warn of a hazardous situation, to any authorized emergency vehicle or vehicles operated, bygas, electric, communications orwater utilities. (Ord. 3924 § 3 (part), 1999) 9.22.150 Revocation. Any permit issued pursuant to this chapter may be immediately revoked by the city finance director or his or her designee whenever he or she finds: A. That false or misleading statement(s) were made on the application; or B. That the applicant has done any act related to the application involving dishonesty, fraud or deceit with the intent to Substantialtybenefit himself or another, or substantially injure another; or C. That the permit holder has violated any provision of this chapter or any other applicable law; or D. That any of the terms or conditions of such permit have been'" violated. (Ord. 3924 § 3 (part), 1999) 9.22.160 Appeal. A. 1. The ~decision of the city finance director on any registration statement filed under this chapter may be appealed to the city manager or his or her designee. 2. The applicant must file the appeal with the office of the city manager within five days of the mailing or delivery of such decision. 3. The city manager or his or her designee shall hold a hearing within three days of the filing of such appeal at the office of the city manager, at which Travel: San Joaquin Valley Rail Committee Meetings (usually every other month, but as chair could be more often). Usually a day trip (occasionally overnight). Central Valley Mayor's Conference (Travel, Hotel AcCOmmodations and RegiStration) Sister City trips Meals: Hosting meals for out of town guests (i.e. sister city, SJVRC, High Speed Rail, other) Youth Advisory Council Lunches (2) and Year End Dinner (once a year) Mayor's Trophy Award Ceremony (Refreshments) once a year Youth Development Coalition (Refreshments) 4 times a year Miscellaneous Luncheons (Vision 2020 Brand Unveiling, Committee to Employ the Handicapped) Mayor pays his own way for himself and/or staff for: Annual Prayer Breakfast Annual State of the City Luncheon KCAC Meetings Travel: San Joaquin Valley Rail Committee Meetings (usually every other month, but as chair could be more often). Usually a day trip (occasionally overnight). Central Valley Mayor's Conference (Travel, Hotel Accommodations and Registration) Sister City trips Meals: Hosting meals for out of town guests (i.e. sister city, SJVRC, High Speed Rail, other) Youth Advisory Council Lunches (2) and Year End Dinner (once a year) Mayor's Trophy Award Ceremony (Refreshments) once a year Youth Development Coalition (Refreshments) 4 times a year Miscellaneous Luncheons (Vision 2020 Brand Unveiling, Committee to Employ the Handicapped) Mayor pays his own way for himself and/or staff for: Annual Prayer Breakfast Annual State of the City Luncheon KCAC Meetings ADMINISTRATIVE REPORT MEETING DATE: May 10, 2006 I AGENDA SECTION: ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Alan Christensen, Assistant City Manager DEPARTMENT HEAD DATE: April 26, 2006 CITY ATTORNEYL~ ..._.--~- ' SUBJECT: Legislative and Litigation Committee Report on elimination of the Intergovernmental Relations Committee RECOMMENDATION: Staff recommends approval BACKGROUND: On February 14, 2006, the Legislative and Litigation Committee met to determine the future of the Intergovernmental Relations Committee (IGRC). Councilmember Irma Carson referred this item to decide if the IGRC should be eliminated and where it's activities would be assigned. The Intergovernmental Relations Committee of the City Council has existed for many years. Originally, the IGRC was designed as a forum to discuss policy items of interest between the City and the County of Kern. However, in 2002 the City and County began having joint public meetings on a regular basis, which had the effect of taking much of the workload away from the IGRC. Currently there are two (2) Joint City- County meetings annually, which has reduced the role of the IGRC considerably. The IGRC meets only twice a year prior to the Joint Meeting. It's only role is to determine what items go on the Joint Meeting agenda and previewing staff reports for that meeting. In addition, with the creation of the Safe Neighborhoods and Community Relations Committee as a standing committee of the Counc, City staff and the City Attorney recommend we eliminate the IGRC to maintain balance in the number of committee assignments for each Councilmember. Therefore, it makes . o sense to eliminate the IGRC and have it's reduced duties handled elsewhere. After much discussion on the item, the Committee voted to remove the activities of IGRC from any standing committee. The Legislative and Litigation Committee felt that the draft agenda for the Joint Meeting could be developed by staff with input by the City Council prior to the meeting, and staff reports could be prepared like the regular City Council agenda without input from a committee in advance. The plan would be that twice a year before each Joint Meeting the City Council would consider the draft agenda under New Business. The City Council would then give feedback to staff on changes or additions to the Joint Meeting agenda. April 26, 2006, 4:15PM S:~dmin Rptsg?.006\Leg & Lit Report on IGRC 051006.doc AC:al ADMINISTRATIVE REPORT MEETING DATE: April 26, 2006 I-AGENDA SECTION: Consent Calendar I ITEM: Io~. d. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: April 14, 2006 CITY ATTORNEY ~' CITY MANAGER ~/ SUBJECT: Adoption of an Ordinance Amending Chapter 10.76 of the Bakersfield Municipal Code Relating to Parades. RECOMMENDATION: Staff recommends adoption of Ordinance. BACKGROUND: Through the years there have been many requests for parade permits in the City. A good deal of those requests involved holding parades on residential streets. Accommodating those roquests became a major undertaking for the police department and public works, and negatively impacted the neighborhoods themselves. At the same time, many requests were made to hold parades off of major stroets, such as White Lane, resulting in closures of large thoroughfares during the parade. As a result of these concerns, the Legislative and Litigation Committee directed staff to look into amending the parade ordinance and setting forth specific "corridors" which are available for parade routes. Staff determined that five "corridors" would serve the City's parade needs well. Those five corridors are: Baker Street corridor, "F" Street corridor, "L" Street corridor, East California Avenue corridor and the Truxtun Avenue corridor. Instead of defining the exact parameters of those corridors in the ordinance, the Police Department has created a parade manual which shows the parameters of each corridor. A parade route does not have to consume an entire corridor; but these corridors are now the only areas where parades can be held. The current ordinance allows parade permit applications to be submitted as little as two days before the event. This puts tremendous pressure on staff to review the permit and, if it was granted, to make sure the requisite city departments were notified in time. This ordinance sets forth that applications must be submitted at least ten days before the parade is scheduled. The current ordinance has no requirement that businesses along the proposed routes get any notification regarding upcoming parades. This ordinance adds a section which requires organizers of parades to attempt to notify business owners on parade routes at least three days prior to a parade to allow the business owners to make any necessary adjustments for the parade. First reading of the ordinance occurred on April 5, 2006. April 14, 2006, 11:32AM S:\COUNClL~Admins\05-06 Admins\Parade Route Revised2nd.doc ORDINANCE NO. ORDINANCE AMENDING SECTIONS 10.76.030 AND 10,76.040 OF THE BAKERSFIELD MUNICIPAL CODE AND ADDING SECTION 10.76.065 RELATING TO PARADE ROUTES BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1 Section 10.76.030 of the Bakersfield Municipal Code relating to parade routes is hereby amended to read as follows: "A. Applications for permits under this section shall be made on forms to be furnished by the city, shall be submitted no less than ten business days prior to the event nor more than ninety calendar days prior to the event, shall be signed under penalty of perjury by an authorized representative of the apPlicant organization and shall require the following information: 1. The name, mailing address, and telephone number of the organization applying for and conducting the parade and of the parade chairman; 2. The name of the parade, including names of each sponsoring or sanctioning organization; 3. Applicant's selection of one of five standard parade routes approved by the traffic authority and set forth in the Bakersfield Police Department Parade Manual on file at the office of the traffic authority. The available routes are generally identified as: a. the "L" Street corridor; b. the "F" Street corridor; c. the Truxtun Avende corridor; d. the East California Avenue corridor; and e. the Baker st'reet corridor. 4. The propoSed date, starting time, and estimated completion time; ' · 5. The location of the assembly area and of the disbanding area; 6. Proposed number and size of the units in the parade, including a · ' description of any sound amplification equipment to be used; 7. Prior Permits held by any named organization and whether such permits were ever revoked or suspended and the reasons therefor; and 8. The business tax certificate number of the applicant organization, or letter · granting tax-exempt status to the applicant organization. B. The traffic authority or his/her deSignee shall issue a parade permit conditioned upon the applicant's agreement to comply with the terms of such permit and if he/she finds: 1. That the application is complete and truthful; 2. That the parade will be conducted in accordance with all laws of the city and the state; 3. That the conduct of such parade will not require police protection in excess of what the city can reasonably provide; 4. That operation of the parade at such location will not present any substantial hazard to vehicular or pedestrian traffic, nor impede the movement of emergency vehicles; 5. That the applicant has not had a permit, issued under this section, revoked, unless the city manager finds that the reasons for such revocation are unrelated to this application; 6. That the parade is not being held for the sole purpose of advertising any products, goods, wares, merchandise or event; 7. That the conduct of the parade will not constitute an. unreasonable burden on city employees or resources, nor create an unreasonable disturbance to the neighboring areas; 8.' That the parade will move from its starting point to its finish line expeditiously; 9. That such parade will not interfere with, or conflict' with, another parade or special event for which a permit has been issued or for which no permit is required. C. All permits issued pUrsuant to this chapter shall be valid only as to those dates, times, and locations listed on the permit, unless earlier revoked. D. Permits may be issued with conditions to ensure that the event will be operated in a safe and legal manner. Such conditions may include, but shall not be limited to: 1. The date, starting time, and maximum length of time during which the parade may be conducted; 2. The minimum speed and maximum speed of the parade; 3. The maximum space to b-e maintained between the units of the parade; 4. The maximum number of units to be permitted in the parade and the maximum size of such units; 5. The route to be taken by the parade; and 6. The maximum length of the parade." SECTION 2, Section 10.76.040 of the Bakersfield Municipal Code relating to parade routes is hereby amended to read as follows: "The traffic authority shall, not later than eight (8) days after receipt of an application, issue or deny the parade permit. Denial of a permit shall be accompanied by statement of the basis for denial." SECTION 3. Section 10.76.065 is added to read as follows: "10.76.065 Notification of affected businesses. At least three (3) days prior to the parade for which a permit has' been issued, the organization sponsoring the parade shall attempt to notify all businesses located along the corridor where the parade will be held of the date, time and duration of the parade. Such notification may be written or telephonic." SECTION 4. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ..... oo0oo ..... I HEREBY CERTIFY that the foregoing Ordinance'was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ,by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNClLMEMBER ABSTAIN: COUNClLMEMBER · . . '. ABSENT: COUNClLMEMBER CITY CLERK and EX OFFICIO .of the Council of the City of Bakersfield APPROVED: By: HARVEY L. HALL, Mayor · APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JANICE SCANLAN Assistant City Attorney S:\COU NCIL\Ords\05-06 Ords\10.76.030final.doc PUBLIC STATEMENTS SPEAKER'S CARD Leqislative and Liti,qation Committee of the City Council Committee Meeting Date . t~ .--..--- You are invited to address the Committee under Public Statements on any subject that is listed on the Committee Agenda. Public statements are limited to three (3) minutes per speaker. The Committee may, by simple majority vote, waive the time limit. No action will be taken; this Committee gathers information and reports back to the City Council. Please fill out a Speaker's Card and present it to the Committee Chair: Councilmember Zack Scrivner Name: Company/ Organization: Address: Phone: Subject: ' } Association of Old Town Kern Event Bakersfield Museum of Art Event Chamber of Commerce Annual Installation Dinner Bakersfield - The Next Five Years Beautiful Bakersfield Awards Candidates Forum Leadership Bakersfield Legislative Forum State of the City ~ Summer Social Washington DC Upd.a.te KemCog ,~Boa~dqVRgs~Award Receptio¢ ~5 Kern county Association of Cities Meetings Kern County Museum Event Kern Transportation Foundation Forum League of Calif. Cities Event (Annual Conf. & Exec. Forum) Sister City (not budgeted) Dinners and Receptions and Trip Smart Growth Forum & Trip So Cai Water Association (No longer attended by Councilmember) Meetings United Way Awards Event Vision 2020 State of the Vision Water Association of Kern County Annual Meeting trrC Miscellaneous Bakersfield Prayer Breakfast Bakersfield Women's Business conference Basic Cell Phone Charges ,~ City Employee Retirement Functions InteractComputer AccessSUpplies ~ Operation Clean Air Summit Public Employees Roundtable Awards Susan B. Anthony Reception Senator Flores Forum S:\COUNCI L\REPORTS\2006~AB 1234.doc Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met: 1. Communicating with represel~tative of regional, state and national government on City adopted policy positions; · 2. Attending educational seminars designed to improve officials' skill and information level; 3. Participating in regional, state and national organizations Whose activities affect the City's interests; 4. Attending City events; 5. Implementing a City-approved strategy-for attracting or retaining businesses to the City, which will typically involve at least one staff member; and 6. Meetings such as those listed above for which a meeting stipend is expressly authorized under this policy. All other expenditures require prior approval by the City governing body. S:\COUNCI L\REPORTS~006X2AB 1234.doc RESOLUTION NO. 0 5 ~: *" 0 6 RESOLUTION ESTABLISHING A WRITTEN poLicY FOR REIMBURSEMENT OF CERTAIN EXPENDITURES FOR CITY COUNCILMEMBERS AND COMMISSIONERS AND THE REQUIREMENT OF ETHICS TRAINING. WHEREAS, Assembly Bill 1234 (Salinas) imposes new restrictions on compensation and reimbursement of expenses for members of local legislative bodies and creates a new ethics training requirement for local public officials; and WHEREAS, Government Code sections 5-4950 et sq., also known as the Ralph M. Brown Act, defines "members of a legislative body" to include the members of any Commissions or advisory bodies created by the Council; and WHEREAS, the City of Bakersfield has several Standing Commissions, including, the Bakersfield Planning Commission, the Bakersfield Fire Civil Service Commission, the Bakersfield Police Civil Service Commission, the Bakersfield Miscellaneous Civil Service Commission and the Bakersfield Redevelopment Agency; and WHEREAS, Assembly Bill 1234 requires cities and other public agencies to adopt a written policy, in a public meeting, that lists the types of occurrences that qualify members of a legislative body to receive reimbursements for expenses relating to travel, meals, lodging. and other expenses; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield as follows: SECTION 1 FINDINGS AND DETERMINATIONS The City Council hereby finds and determines that the above recitals are true and correct and serve as the basis, in part, for the. findings and actions of the City set forth below. SECTION 2 DIRECTION The City Council hereby adopts the following Reimbursement and Ethics Training Poricy for members of the City Council and all City Commissions: REIMBURSEMENT.. The City may reimburse members of City legislative bodies for actual and necessary expenses incurred in the performance of official duties. This includes expenses' associated with conferences, education, and other training exercises directly related to a member's respective office. The reimbursement of expenses is imited in the following manner: 1. LODGING. Lodging costs in conjunction with a conference or other official activity may not exceed the maximum group rate published by the conference or activity sponsor, if lodging at the group rate is available at the time of booking. If not, the member shall be reimbursed for lodging at comparable rates, or rates established by the 'Internal Revenue Service. 2. MEALS. Meals may be reimbursed at standard rates established by the Internal Revenue Service. 3. TRAVEL. Members shall use govemment or group rates for travel, when available. If not available, members may be reimbursed according to the standard rates established by the Internal Revenue Service. 4. INCIDENTAL EXPENSES. incidental expenses, including but not limited to tips and business telephone calls may be reimbursed at the rates established in Intemal Revenue Service Publication 463 and as amended from time to time. Any additional expenses that fall outside the scope of this policy may be reimbursed only if approved by the City Council, at a public meeting, before the expenses are incurred. B. EXPENSE REPORTS. 'The City shall require the submission of expense reports, on City forms, and receipts from members of City legislative bodies who request reimbursement for their expenses. Such reports are public records subject to disclosure. In addition, legislative members must provide brief reports on any outside meetings attended at the expense of the City at the next regular meeting of the legislative body. Reimbursement is conditioned on the submission of this report to the respective legislative body. C. ETHICS TP-JMNING. City Councitmembers and all members of City legislative bodies shall receive at least two hours of ethics training in general ethics principles and ethics laws relevant to his or her public service every two years. New members.must receive this training within their first year of service on a legislative body. An individual who serves on multiple legislative bodies' need only receive two hours of ethics training every two years to satisfy this requirement for all applicable public service positions. The City will be required to keep ethics training records for at least five years to document and prove that these continuing education requirements have been satisfied. The City may develop its own ethics training course or use an outside provider. If the City develops its own ethics training, the City must consult with the Fair Political Practices Commission and the ,State Attorney General. 0RBtNAt" SECTION 3 EFFECTIVE DATE This Resolution shall take effect.immediately upon its adoption. ~ I HEREBY CERTIFY that the foregoing Resolution was passed and adoPted by the Council of the City of Bakersfield at a regular meeting thereof held on FEB 2 :~ 2006 by the following vote: '"'~'~.. COUNClLMEMBER: C,M~SON, BENHAM, MAGGARD, COUCH, HANSON, SULMVAN, SCRIVNER NOES: COUNCI LMEIV~ ER; ABSTAIN: COUNCILMEMt~ER; , ABSENT: COUNCtLMEMBEP,: CITY CLERK and E~~T'~/k of the Council of the City of Bakersfid~ APPROVED FE9 ,t ,~ ~0~ APPROVED as to form: VIRGINIA GENNARO City Atto m~/.~,/~ ' CITY ATTORNEY S:~COUNCI L'~Resos\05-06 Resos~_.xpe nd itures, him 7.08.370 Sale, adoption and other transfers of live animals. Page 1 of 1 Title 7 ANIMALS Chapter 7.08 ANIMAL CONTROL REGULATIONS 7.08.370 Sale, adoption and other transfers of live animals. A. Any person who offers or provides, whether for compensation or otherwise, any dog or cat for sale or other type of transfer, shall disclose to the transferee information regarding the license requirements of the county of Kern applicable to the transferred animal. B. No person shall present any live animal for sale, adoption, barter, exchange or adoption, whether for compensation or otherwise, in any public place. The term "live animal" as defined by this section shall include, but is not limited to, dogs, cats, birds, fish, poultry, rabbits and livestock. The term "public place" as defined by this section, shall include, but not be limited to, streets, highways, sidewalks, carnivals, shopping malls, swap meets, and areas in front of commercial establishments. This prohibition shall not apply to: 1. Government agencies; non-profit animal rescue organizations exempt from taxation under Internal Revenue Code Section 501(c)(3); or humane societies or societies for the prevention of cruelty to animals if such societies are incorporated under the provisions of California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110; 2. Dog or cat shows; 3. Pet stores which sell or otherwise transfer live animals, whether for compensation or otherwise, within the store; or 4. Livestock auctions or similar activities. C. No person shall give away any dog or cat as a prize or as an inducement to enter into any contest, lottery, drawing, game or competition. D. No person shall give away any dog or cat as an inducement to enter a place of business, or to enter into a business arrangement. E. No person shall sell, barter, exchange or offer for adoption, whether for compensation or otherwise, any live animal to any minor under the age of eighteen (18) years, without the written permission of one of the minor's parents or legal guardians. (Ord. G-6942 § 5 (part), 2002) http://ordlink.com/codes/kemcoun/_DATA/TITLE07/Chapter 7 08 ANIMAL CONTR... 4/14/2006 CZTY OF BAKERSF1'ELD 10,32.080 Alley parking. A. No person shall park a vehicle in any alley inthe central traffic district, or in any business district, between the hours of eight a.m. and six p.m. of any day except Sunday; provided, however, this prohibition shall not apply to a commercial vehicle which is registered as such by the Department of Motor Vehicles, which is being used primarily for delivery, or any vehicle being used primarily for delivery'in a business or by a certified carrier where the name of such business is painted on or permffnently attached to both sides of the vehicle or the P.U.C. certificate or Cal T number is plainly shown on both sides or front and rear of the vehicle. 'B. No person shall park any of the excepted vehicles specified in subsectiOn A for a time longer than one hour in an alley which is within the central traffic district, or in any business district, 'between the hours of eight a.m. and six p.m. of any day except Sunday. C. The traffic authority is authorized to prohibit the stopping, standing, or parking of vehicles on one side of an alley, provided curbs are painted or appropriate signs are placed and maintained to give notice thereof. D. The traffic authority is authorized to make studies and surveys to determine whether or not parking may be permitted in certain alleys within the city. In making these surveys, the traffic authority shall consider the width of the alleys, whether or not the parking of private passenger vehicles within the alley would impede the traffic within the alley. Where the traffic authority finds as a result of its survey and study that it is reasonable to permit parking in an alley and that the public convenience would best be served by permitting parking in an alley, the traffic authority is authorized to designate the alleys or portions thereof for parking. Where the traffic authority has made such a survey and has made a determination that the public convenience would best be served by permitting private passenger vehicles to park in certain alleys and has therewith designated certain alleys or portions thereof for parking, subsections A and B of this section shall not apply. (Prior code § 11.04.500) 7.08.370 Sale, adoption and other transfers of live animals. A. Any person who offers or provides, whether for compensation or otherwise~ any dog or cat for sale or other type of transfer, shall disclose to the transferee information regarding the license requirements of the county of Kern applicable to the transferred animal. B. No person shall present any live animal for sale, adoption, barter, exchange or adoption, whether for compensation or otherwise, in any public place. The term "live animal" as defined by this section shall include, but is not limited to, dogs, cats, birds, fish, poultryl rabbits and livestock. The term "public place" as defined by this section, shall include, but not be limited to, streets, highways, sidewalks, carnivals, shopping malls, swap meets, and areas in front of commercial establishments. This prohibition shall not apply to: 1. Government agencies; non-profit animal rescue organizations exempt from taxation under Internal Revenue Code Section 501(c)(3); or humane societies or societies for the prevention of cruelty to animals if such societies are incorporated under the provisions of California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110; 2. Dog or cat shows; 3. Pet stores which sell or otherwise transfer live animals, whether for compensation or otherwise, within the store; or 4. Livestock auctions or similar activities. C. No person shall giveaway any dog or cat as a prize or as an inducement to enter into any contest, lottery, drawing, game or competition. D. No person shall give away any dog Or cat as an inducement to enter a place of business, or to enter into a business arrangement. E. No person shall sell, barter, exchange or offer for adoption, whether for compensation or otherwise, any live animal to any minor under the age of .eighteen (18) years, without the written permission of one of the minor's parents or legal guardians. (Ord.. G-6942 § 5 (part), 2002) 7.08.410 Violations--Penalties. With the exception of those acts expressly declared in any section of this chapter to be misdemeanors, any act in violation of the provisions of any section in this chapter is an infraction punishable by a fine. These fines shall be in addition to any cost or fee provided for in this chapter for the redemption or disposition of impounded animals. A person is guilty of a separate offense for each animal and for every day during which a violation of any of the provisions of this chapter is committed, continued or permitted by such person. (Ord. G-6942 § 5 (part), 2002) 7.08.370 Sale, adoption and other transfers of live animals. Page 1 of 1 Title 7 ANIMALS Chapter 7.08 ANIMAL CONTROL REGULATIONS 7.08.370 Sale, adoption and other transfers of live animals. A. Any person who offers or provides, whether for compensation or otherwise, any dog or cat for sale or other type of transfer, shall disclose to the transferee information regarding the license requirements of the county of Kern applicable to the transferred animal. B. No person shall present any live animal for sale, adoption, barter, exchange or adoption, whether for compensation or otherwise, in any public place. The term "live animal" as defined by this section shall include, but is not limited to, dogs, cats, birds, fish, poultry, rabbits and livestock. The term "public place" as defined by this section, shall include, but not be limited to, streets, highways, sidewalks, carnivals, shopping malls, swap meets, and areas in front of commercial establishments. This prohibition shall not apply to: 1. Government agencies; non-profit animal rescue organizations exempt from taxation under Internal Revenue Code Section 501(c)(3); or humane societies or societies for the prevention of cruelty to animals if such societies are incorporated under the provisions of California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110; 2. Dog or cat shows; 3. Pet stores which sell or otherwise transfer live animals, whether for compensation or otherwise, within the store; or 4. Livestock auctions or similar activities. C. No person shall give away any dog or cat as a prize or as an inducement to enter into any contest, lottery, drawing, game or competition. D. No person shall give away any dog or cat as an inducement to enter a place of business, or to enter into a business arrangement. E. No person shall sell, barter, exchange or offer for adoption, whether for compensation or otherwise, any live animal to any minor under the age of eighteen (18) years, without the written permission of one of the minor's 3arents or legal guardians. (Ord. G-6942 § 5 (part), 2002) http://ordlink.com/codes/kerncoun/_DATA/TITLE07/Chapter 7 08 ANIMAL CONTR... 4/14/2006 Page 1 of 1 Jean Parks - Re: Legislative and Litigation Committee Agenda From: Ginny Gennaro To: Jean Parks Date: 4/12/2006 3:50 PM Subject: Re-' Legislative and Litigation Committee Agenda A. No memo. Oral discusssion B. We do not have the ordinance but I will check. C. it will be ready >>> Jean Parks 4/12/2006 11:47 AM >>> Alan C. is off until Friday. At our staff meeting today, Alan Tandy asked me to check with you on the agenda. New Bus A. Recommendation or amending the ordinance re parking of vehicles in alleys. Memo or? B. Giving away or selling animals in front of businesses. Do we have a copy of the County's ordinance? Memo? Deferred Bus. A. Amendments to Council Reimbursement Resolution/Policy. Ready to come back? If you prefer, respond to AT or John. file://C:\Documents and Settings\jparks\Local Settings\Temp\GW}00001.HTM ; 4/12/2006 PUBLIC STATEMENTS SPEAKER'S CAR D Council Meeting Date /-~'.~._~'/~ ~ ..... ~ ~ '~~/~.~/~J' You are invited to address the Council under Public Statement, matter related to City business. C4mment~ on matters·et for a h this evening will be received during the hearing on that only and no Public Stetement~ Speaker's Card Is nec~er~. Public ~tatements ere limited to three (3) minutes per · with I maximum of fifteen (15) minutes, per side, ]or en subject. Council may, by majority vote, waive the time limit. · No action will be takem other than referring the issue to · cot or staff. Any Demon who has not notified the Clerk by flllln~ Speaker's Card shall not be allowed to address the Council Public Statements, unleu approved UlX)n motion by the Coun~ being notified of the name of the person and the subject to be addressed. Please fill out I Sl~ik®r'i Card and present It to the tit before the meeting _l~glnl. ...,.: lie Address: Telephone: Subject-(be Sl=~gifl~); /~enda Item ,~ Staff: White: Clerk Yellow: Mayor Pink: Manager G M.C. 2.04. t tO, C.C. ~c~k~ ~,4eS4.3 b) & (bi ADMINISTRATIVE REPORT I MEETING DATE: April 5, 2006 AGENDA SECTION: Consent Calendar ITEM: I~, V.. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: March 23, 2006 CITY A'I-I'ORNEY c,w SUBJECT: Resolution Consenting to the Transfer of a Cable Television Franchise f m, Inc. to Cebridge Acquisitions, LP. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: In 1965, the City granted CoxCom, Inc.'s ("Cox") predecessor a non-exclusive cable television franchise. In 1995, the City memorialized its television franchises with written agreements and adopted an ordinance setting forth the holders of such franchises. One of those agreements (No. 95-229) was between the City and Cox Communications Bakersfield, Inc., a subsidiary of Cox. In December, 2005, Cox notified the City that it had entered into an Asset Purchase Agreement with Cebridge Acquisition Co., LLC. One of the assets that Cebridge Acquisitions Co., LLC would be acquiring is the Bakersfield cable television franchise. Pursuant to that Asset Purchase Agreement, Cebridge Acquisition Co., LLC would assign the franchise to Ce.bridge AcquisitiOn, LP, doing business as Cebridge Connections. Cebridge Connections provides cable services to residents and businesses in twenty states. Pursuant to federal regulations, Cox must inform the Federal Communications Commission of the proposed transfer of the franchises. Both Agreement No. 95-229 and the City Charter require the City Council to consent to the assignment of franchise rights. Cox and Cebridge have submitted a binder-full of documentation regarding the transfer to the City. The City has 120 days to act on the application for transfer. After reviewing the documents submitted and supplemental documents requested, staff is convinced that Cebridge Connections has the financial and technical abilities to provide the same level of service to the cable televisions subscribers as Cox. This resolution consents to the transfer on the condition that Cebridge Connections: 1) submits evidence of legal authority to conduct business in Bakersfield and California; 2) acquires a business tax certificate; and 3) executes an amendment to Agreement 95-229 accepting all of Cox's rights and obligations related. March 27, 2006, 10:02AM S:\COUNCIL"C, dmins\05-06 Admins\cabletransfer.doc ADMINISTRATIVE REPORT to the franchise. The transfer will only be effective if the Federal 'Communications Commission approves the sale and the Asset Purchase Agreement closes. The County of Kern approved the transfer in March, 2006. March 27, 2006, 10:02AM S:\COU NClL~dmins\05-06 Admins\cabletransfer.doc RESOLUTION NO.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD CONSENTING TO THE TRANSFER OF A CABLE TELEVISION FRANCHISE FROM COXCOM, INC. TO CEBRIDGE ACQUISITIONS, L.P. WHEREAS, on March 24, 1965, the City of Bakersfield ("City") granted the predecessor-in-interest of CoxCom, Inc. ("Cox") a nomexclusive Cable Television Franchise ("Franchise") to operate a cable television system ("System") within the City .of Bakersfield; and WHEREAS, on August 30, 1995, such grant of the Franchise was memorialized in the City of Bakersfield Agreement No. 95-229 between the City and Cox Communications Bakersfield, Inc., a subsidiary of Cox ("the Franchise Agreement"); and WHEREAS, the grant of the Franchise and the Franchise Agreement are herein referred to as the Franchise Rights; and WHEREAS, on December 12, 2005, Cox notified City that it had entered into an Asset Purchase Agreement dated October 31, 2005 ("the Agreement") with Cebridge Acquisition Co. L.L.C., and WHEREAS, purSuant to that Asset Purchase Agreement, Cox proposes to sell and assign to Cebridge Acquisition Co. L.L.C. certain of the assets, including the Franchise Rights and the System ("the Transaction"); and WHEREAS, Cebridge Acquisition Co. L.L.C. will assign, among other things, its right to acquire the License and System under the Agreement to Cebridge Acquisition, L.P. d/b/a Cebridge Connections ("Cebridge Connections"), prior to the closing of the Transaction; and WHEREAS, both the Franchise Agreement and Section 120 of the Bakersfield Charter require City Council consent, by resolution, to any transfer of the franchise; and WHEREAS, Cox has requested the consent of the City Council to assign the Franchise Rights and the System to Cebridge Connections and has provided all information necessary in order to facilitate a decision by the City Council, as well as filing the requisite documentation with the Federal Communications Commission; and WHEREAS, staff has investigated the financial, technical and legal abilities of Cebridge Connections to fulfill the obligations associated with the Franchise Rights and the System and has found the assignment of the Franchise Rights and System to be in the public interest and 'recommends that the City Council approve the assignment to Cebridge Connections. NOW, THEREFORE, BE IT RESOLVED by the Council of the 'City of Bakersfield as follows: 1. The above recitals and findings are true and correct and are incorporated herein by reference; 2. The Franchise Agreement and the Franchise are currently in full force and effect; ,. 3. Cox has no obligations to the City other than those specifically stated in the Franchise Agreement and required under applicable law. 4. The City Council hereby consents to the transfer and assignment to Cebridge Connections of all of the Franchise Rights previously granted to Cox on the following conditions: a. Cebridge Connections shall file with the City evidence of legal authority to conduct business in the State of California and the City of Bakersfield; b. Cebridge Connections shall acquire a City of Bakersfield Business Tax Certificate; c. Cebridge Connections and Cox shall execute an amendment to the Franchise Agreement with the City of Bakersfield whereby Cebridge Connections accepts all rights and obligations of Cox under the Franchise Agreement and City, State and Federal laws relating to cable television franchises; 5. The City's consent to the assignment of the Franchise Rights and System to Cebridge Connections shall be effective upon Cebridge Connections' compliance with the conditions stated in Paragraph 4 herein and closing of the Asset Purchase Agreement ("Effective Date"). Cebridge Connections shall notify the City in writing upon closing of the Asset Purchase Agreement; 6. The City releases Cox upon the Effective Date, from all obligations and liabilities pursuant to the Franchise Rights that accrue on and after the Effective Date and Cebridge Connections shall be responsible for any obligations and liabilities pursuant to the Franchise Rights that accrue on and after the Effective Date; 7. The City Clerk shall send a copy of this resolution to: 2 Cebridge Connections Michael Zarrilli, Sr CounSel & Dir. Gov't relations Cebridge Connections 12444 Powerscourt Ddve, Suite 450 St. Louis, MO 63131 Mr. LeVoyd L. Carter Manager, Government Affairs Cox Communications, Inc. 1400 Lake Hearn drive Atlanta, GA 30319 J. Christopher Redding Dow, Lohnes & Albertson, PLLC 1200 New Hampshire Ave., N.W. Suite 800 Washington, D.C. 20036-6802 ............. o0o .............. 3 I HEREBY CERTIFY that the' foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNClLMEMBER: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED By HARVEY L. HALL Mayor APPROVEDastoform: VIRGINIA GENNARO CityA~orney By:¸ JANICESCANLAN AssistantCityA~orney S:\COUNCIL\Resos\05-06 Resos\cablefranchisetransfer. DOC 4 Page 1 of 1 Jean Parks - Fwd: Leg & Lit From: Amber Lawrence To: .lean Parks Date: 3/23/2006 1:56 PM Subject: Fwd: Leg & Lit fyi >>> Ginny Gennaro 3/23/06 1:55 >>> Just a friendly reminder that at the next Leg & Lit mtg, we need to include the following agenda item: Amendments to Council Reimbursement Resolution/Policy file://C:\Documents and Settings\jparks\Local Settings\Temp\GW}00001 .HTM 3/23/2006 ADMINISTRATIVE REPORT MEETING DATE: March 8, 2006 J AGENDA SECTION: Public HearingsiTEM: I~. ~o. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: February 24, 2006 CITY ATTORNEY ~' CITY MANAGER _,/~X ~ SUBJECT: Fireworks Ordinance, Fireworks Fees and Recreation and Parks Fees 1. Adoption of Ordinance Amending Chapter 8.44 of the Bakersfield Municipal Code Relating to Fireworks. 2. Adoption of Ordinance Amending Chapter 15.64 of the Bakersfield Municipal Code Relating to Miscellaneous Regulations of the Uniform Fire Code. 3. Resolution adopting fees pursuant to the cost recovery program. (Fireworks booth inspection fees and Recreation and Parks fees.) (City-wide) RECOMMENDATION: Staff recommends adoption of the ordinances and adoption of the resolution following the public hearing. BACKGROUND: Ordinance Revisions . For several months, the Fireworks Task Force has been meeting to come to a resolution of how best to deal with the sale and use of fireworks throughout the City and County. At the February 14, 2006 Legislative and Litigation Committee meeting, the Committee recommended first reading of the changes to the attached ordinances. The purpose of these amendments is to: 1) make the City's fireworks ordinance permitting requirements as similar as possible to the County of Kern's fireworks permit regulations; 2) make the City's fireworks ordinance sales and use requirements consistent with the County of Kern's sales and use regulations; 3) add the cost of increased enforcement efforts into the fireworks permit application fee; and 4) constrict the times of uSe from year round to time periods around specific events associated with the use of fireworks and consistent with County restrictions; 5) authorize County of Kern fire inspection and prevention officers to enforce the City ordinance in the City limits; and 6) strengthen the City's penalty options against code violators to deter future violations. These ordinances had first reading on February 22, 2006. At that time Councilmember Scrivner moved that the time for sale of fireworks be extended from 10 p.m. on July 1, 2 and 3 to 11 p.m. That change has been made. February 24, 2006. 11:48AM:dj S:~KirnG~Nelson',Admin. fee increase and ordinance 03-08-06.doc · ADMI'NISTRATIVE REPORT Fees and CharRe,s' State law requires new fees and charges, as well as increases in existing fees and charges be adopted by ordinance or resolution following a public hearing. The City's procedure is provided for in Chapter 3.70 of the Bakersfield Municipal Code. Fireworks Booth Permit Fee: The City recently made changes to the Fireworks Ordinance (BMC 8.44.035.1) to clarify that the sales · permit applicant/non-profit retailer of fireworks will bear the cost of additional public education for the use of firewo!~ks and increased manpower costs for additional enforcement efforts of the prohibition on use of illegal fireworks. Staff has determined that a fee increase of $203 is needed to fund the cost of the additional enforcement of illegal fireworks as set forth in Section 3.70.040 of the Cost Recovery System. This information was reviewed by the Legislative & Litigation Committee on February 14, 2006 and is being forwarded to the full Council for their consideration. City of Bakersfield - Firework Fees 2006 Current Proposed Dollar Application Fee- Fees Fees Increase Building, City Clerk, Fire, Finance $ 40 $. 40 $ -0- Electrical Permit 40 40 -0- Fireworks Booth Permit Fee: Permit Processing- Finance, Plan/Build, Risk, Traffic 90 90 -0- Fire Inspection 113 113 -0- Enforcement- Fire and Police 97 300 * 203 * Total Application and Permit Fees 380 583 203 Refundable Clean Up Deposit 100 100 -0- Total Amount Paid Prior to Issuance of Permit $ 480 $ 683 $ 203 February 24, 2006, 11:48AM:dj S:~KimG\Nelson~Admin - fee increase and ordinance 03-08-06.doc ADMINISTRATIVE REPORT Recreation and Parks: The Department of Recreation and Parks has recently experienced several changes that warrant new fees for services and changes in existing fees. Due to the immediacy of the project, most importantly, The Park at River Walk, the following are proposed: E -82 RECREATION / CULTURAl Park Facility Renta! Resident Non-Resident · The Park at River Walk (smaller picnic areas) $100 $125 · The Park at River Walk (larger picnic areas') $150 $185 The smaller picnic areas seat approximately 16-32 people. The fee covers the cost of labor for maintenance and repairs, utilities, and materials/supplies for a reservable picnic space in the first regional park for the city. The larger picnic areas seat approximately 32-48 people with BBQ units, except the pavilion which holds 72 people. These rates are for the initial 4-hour block, with a fee for each additional hour: The amenities are much more extensive because The Park at River Walk is a regional park with two lakes, extensive parking, and larger restrooms. The cost of maintenance, repairs, materials, and supplies are much higher than at other city parks. .Park Facility Rental Ticketed Non-Ticketed · Bright House Networks Amphitheatre @ $2,000 $1,200 The Park at River Walk (Base Rent + Negotiable Items) This newly built amphitheatre is a first of its kind for the city. City staff researched other comparable facilities to determine rent and programming. Ticketed events will pay for fencing, additional seating, work lights, trash service for event, clean-up, maintenance, repair, and materials/supplies. Non-ticketed events will not include fencing. Additional items will be negotiated on a case-by-case basis such as 1) concessions, 2) percentage of ticket sales, and, 3) percentage of promotional/merchandise sales. Miscellaneous Park Services Private Non-Profit · Vendor Display Booth (no sales) $30 $20 Vendors (for profit and non-profit) have expressed an interest in providing their information at City events. This fee allows for a vendor to have a display booth only, no sales allowed. The fee covers space rental, maintenance, repair, and materials/supplies. A reduced rate is proposed for non-profits since they are providing public information. Plaque Bench w/Plaque · Adopt-A-Bench , $300 $t,100 The public has expressed an interest in "memorializing" or honoring loved ones. The program has two options: plaque only or a bench with a plaque. The placement location will be approved by City staff. This program also assists the city in obtaining needed seating in city parks. February 24, 2006, 11:48AM:,'-Ij S:'~KimG\Nelson~Admin - fee increase and ordinance 03-08-06.doc ADMINISTRATIVE REPORT .E - 86 AQUATIC PROGRAMS - RECREATIONAL SWIMMINC Resident Non-Resident · Swim Lessons (except MLK) $50 $63 * Semi-Private Swim Lessons $60 $75 · Private Swim Lessons $70 $88 Due to a change in the swim class requirements from Jeff Ellis & Associates (the Department's current contractor for swim audits and training), swim lesson class times must be increased from 35 minutes to 60 minutes, necessitating an increase in the fee. The increased time will allow for warm-up, instruction, reinforcement, and daily progress reports with parents. In addition, we are proposing to add semi-private lessons. Semi-private lessons will be offered at a ratio of two students to one teacher. .Description Clarifications Item F-97 is a word clarification to more properly reflect the type and purpose of the fee. The term "Check Collection" is being replaced with "Return Check Change". Attachments: EXHIBIT "A" Proposed Master Fee Schedule for 2006-07: The attached schedule is a comprehensive list of all fees authorized under the cost recovery program and is recommended to be adopted by resolution. EXHIBIT "B: Proposed Master Fee Schedule for 2006-07 - PropOsed Changes Only: The attached schedule is a listing of only those fees that staff is proposing to add, increase or decrease. February 24, 2006, 11:48AM:dj S:~KimG\Nelson~Admin - fee increase and ordinance 03-08-06.doc ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 8.44 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO FIREWORKS. BE IT ORDAINED bY the Council of the City of Bakersfield as follows:. SECTION 1. Chapter 8.44 of the Bakersfield Municipal Code is hereby amended to read .as follows: Chapter 8.44 FIREWORKS Sections: 8.44.010 Definitions. 8.44.020 Permit required. 8.44.025 Effective dates. 8.44.030 Application - Issuance- Fee. 8.44.035 Application - Issuance -.Fee. 8.44.040 Regulations. 8.44.050 Revocation. 8.44.060 Appeal. 8.44.070 Penalty. 8.44.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "Applicant" means those persons defined in Section 8.44.030(A)(1) through (3). B. "Person" means any individual, partnership, group, corporation or association of any nature whatsoever. 8.44.020 Permit required. It is unlav,.fful for any person to sell or offer for sale' or expose for sale within the city any fireworks in violation of this chapter or without having a valid permit in accordance with the provisions of this chapter. 8.44.025 Effective dates. Not withstanding anything to the contrary in Section 8.44.030, Section 8.44.030 shall be effective through July 15, 2006. All organizations issued a fireworks permit in S:t,COUNCIL'~Ords',.05-06 Ords',8 44F reworks 2-14-06 Fnl doc -- Page I of 10 Pages 2005 under Section 8.44.030 shall be eligible to reapply for a fireworks permit through July 15, 2006. 8.44.030 Application--Issuance---Fee. A. A permit for the sale of safe and sane fireworks may not be issued except to the following applicants: 1. A nonprofit organization or corporation organized and existing primarily for veteran, patriotic, religious, welfare, charitable or civic-betterment purposes, organized and established in the city at least one year prior to the filing of application for permit under this chapter and having a bona fide membership of at least thirty-five members. The organizati.on must be'one which provides direct and regular community services and benefits to the citizens of the city. A local, generally recognized nonprofit organization is eligible to submit one application. Each educational and/or religious organization is eligible to submit one application (signed by the local recognized leader of the organization). 2. Retail (for Profit) business establishments which have, for a period of at least one year prior to the filing of an application for permit under this chapter, held a valid business tax certificate issued by the city under Chapter 5.02 of this code; provided, no such permit shall be issued to any such retail business establishment unless such establishment was issued a permit the previous year. 3. Those applicants having first obtained a permit or license from the State Fire Marshall under Part 2, Division 11 of the Health and Safety Code of this state. B. All recipients of fireworks permits except those specifically exempted in subsection C of this section, shall be selected by a drawing (by lot) conducted by the city manager or his/her designee not later than April 10 of each year. C. The total number of fireworks permits to be issued shall not exceed one permit per four thousand population, or portion thereof, in the city, as set forth in the prior calendar year annual report of the State Department of Finance, but not less than seventy-five; provided, however, any person applying for a fireworks permit who had such permit in 1994 and also in each subsequent year shall be issued a permit if otherwise qualified without being included in the drawing, notwithstanding the fact that such issuance may increase the number of permits to more than that allowed herein. D. Applications for fireworks permits shall be submitted by the "applicant" (as opposed to the fireworks vendor) commencing March 1 through March 30 of each year. No applications shall be accepted by the city after March 30 of each year. Applications for the draw.lng referenced in subsections B and C of this section need not include the state sales tax number nor will require items 3 through 8 of the application form. Those applicants successful in the drawing shall have until May 15 to complete their applications.' E. Except as modified by subsection D of this section, applications for fireworks permits shall be made on forms to be furnished by the city manager or his designee, shall be signed under penalty of perjury by the applicant and shall require the following information and documents: S:'COUNCIL\Ords\05-06 Ords',8.44Fireworks 2 14-06.Fnl.doc -- Page 2 of 10 Pages 1. The name, address and telephone number of the nonprofit organizatio, n or retail business establishment for which application is made; 2. The applicant's business tax certificate number if it is a retail business establishment, and the name and address of all owners of such business; 3. The location of the proposed fireworks sales; 4. The purpose of the nonprofit organization or corporation including the services provided to the citizens of the city, the number of citizens within the city the organization serves; the approximate date of its establishment in the city; its principal and permanent meeting place in the city; the total number of its local membership; the names and addreSses of its officers; 5. A plot plan, showing the location of the temporary fireworks stand, utilities, location of permanent and temporary structures, curb cuts and/or driveways and identifying the nearest available sanitary facilities, and fire hydrants. For those applicants who were issued a fireworks permit for the preceding year, the plot plan must be submitted with the application package. For those applicants successful in the draWing, plot plans must be submitted by May 15 of each year. Plot plans will be approved or rejected by the fire department by June 15. Amendment will' not be permitted to any plot plan rejected subsequent to the March 30 application deadline for renewal permits or the May 15 deadline for successful drawing applicants, except to correct any violation of the minimum distance separation as required by Section 8.44.040F; 6. A written authorization from the owner of the location or person in lawful possession thereOf, if other than the applicant, for the locating of the business' upon his or her property; 7. Evidence, satisfactory to the city manager or his designee, of (1) general liability insurance providing coverage on an occurrence basis for bodily injury, including death of one or more persons, property damage and personal injury, with limits as required by the city; and (2) workers' compensation, with statutory limits and employers liability insurance with limits as required by the city. All policies required of the applicant hereunder shall be primary insurance as to the city, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the city, its mayor, council, officers, agents, employees and volunteers shall be considered excess insurance over and above the applicant's insurance and shall not contribute with it. The applicants shall save, hold harmless and indemnify the city, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or is any way related to any work performed by applicant, his agents or employees under the terms of any permit issued under this chapter; 8. Cash bond in the sum of one hundred dollars, to be forfeited to the city in the event the permittee fails to remove said stand, equipment and rubbish from the premises upon which the stand is located before twelve noon on July 15 of the year for which said permit is granted. The cash bond shall be returned to the applicant upon full performance of the requirements of this chapter; S:",COUNCIL',Ords',05-06 Ords~,8.44Fireworks 2-14-06.Fnl.doc -- Page 3 of 10 Pages 9. Approval from the public works department of the city that operation at the fireworks stand at the proposed location will not present any substantial hazard to vehicular or pedestrian traffic. F. Location of temporary stands may not be changed after an application is filed except as required by the city, or where there is evidence of change in property ownership or management and prior approval or consent has been revoked by the new owners or managers. G. No one organization eligible to receive a permit may receive more than one permit for fireworks sales during any one calendar year. H. All permits isSued under this chapter shall remain in effect from noon on July 1 to noon on July 5 unless earlier suspended or revoked. I. All applicants for permits, whether selected by drawing or not, shall pay a non-refundable fee, on or before March 30 of each year, not to exceed the cost of processing any such application. All successful applicants for permits shall pay a fee, .on or before May 15 of each year, not to exceed the full cost of inspecting and enforcing such business. All fees shall be established as Set forth in Chapter 3.70 of this code. J. Permits may be issued with conditions to ensure that the business Will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. K. This entire section shall sunset at midnight on July 15, 2006. 8.44.035 Application--Issuance--Fee. A. On July 16, 2006, and thereafter, a permit for the sale of safe and sane fireworks may not be issued except to a nonprofit organization or corporation organized and existing primarily for veteran, patriotic, religious, welfare, charitable .or civic- betterment purposes, organized and established in the city at least one year prior to the filing of application for permit under this chapter and having a bona fide membership of at least thirty-five members. The organization .must be one which provides direct and regular community services and benefits to the citizens of the city. A local generally recognized nonprofit organization is' eligible to submit one application. Each educational and/or religious organization is eligible to submit one application (signed by the local recognized leader of the organization). B. All recipients of fireworks permits shall be selected by a drawing (by lot) conducted by the city manager or his/her designee not later than April 10 of each odd year. Each recipient successful in the odd year drawing shall be eligible to reapply for a fireworks permit the following year. Unsuccessful applicants may reapply for a fireworks permit the next odd year. C. The total number of fireworks permits to be issued shall not exceed one permit per four thousand population, or portion thereof, in the city, as set forth in the prior calendar year annual report of the State Department of Finance, but not less than seventy-five. D. Applications for fireworks permits shall be submitted by the "applicant" (as opposed to the fireworks vendor) commencing March 1 through March 30 of each year. No applications shall be accepted by the city after March 30 of each year. Applications S:~.COUNCIL\Ords~,05-06 Ords'~8.44Fireworks 2-14-06.Fnl.doc -- Page 4 of 10 Pages -- for the drawing referenced in subsections B and C of this section need not include the state sales tax number nor will require items 3 through 8 of the application form. Those applicants successful in the drawing shall have until May 15 to c°mplete their applications. E. Except as modified by subsection D of this section, applications for fireworks permits shall be made on forms to be furnished by the city manager or his designee, shall be signed under penalty of perjury by the applicant and shall require the following information and documents: 1. The name, address .and telephone number of the nonprofit organization for which application is made; 2. The applicant's business tax certificate number; 3. The location of the proposed fireworks sales; 4. The purpose of the nonprofit organization or corporation including the services provided to the citizens of the city, the number of citizens within the city the organization serves; its principal and permanent meeting place in the city; the approximate date of its establishment in the city; the total number of its local membership; the names and addresses of its officers; 5. A plot plan, showing the location of the temporary fireworks stand, utilities, location of permanent and temporary structures, curb cuts and/or driveways and identifying the nearest available sanitary facilities, and fire hydrants. For those applicants who were issued a fireworks permit for the preceding year, the plot plan must be submitted with the application package. For those applicants successful in the drawing, plot plans must be submitted by May 15 of each year. Pict plans will be approved or rejected by the fire department by June 15. Amendment will not be permitted to any plot plan rejected subsequent to the March 30 application deadline for renewal permits or the May 15 deadline for successful drawing applicants, eXcept to correct any violation of the minimum distance separation as required by Section 8.44.040F; 6. A written authorization from the owner of the location or person in lawful possession thereof, if other than the applicant, for the locating of the business upon his or her property; 7. Evidencel satisfactory to the city manager or his designee, of (1) general liability insurance providing coverage on an occurrence basis for bodily injury, including death of one or more persons, property damage and personal injury, with limits as required by the city; and (2) workers' compensation, with satisfactory limits and employers liability insurance with limits as required by the city. All policies required of the applicant hereunder shall be primary insurance as to the city, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the city, its mayor, council, officers, agents, employees and volunteers shall be considered excess insurance over and above the applicant's insurance and shall not contribute with it. The applicants shall save, hold harmless and indemnify the city, its officers, agents, employees and volunteers from all claims, demands, judgments, costs or expenses in law or equity that may at any time arise from or is any way related to any work performed by applicant, his agents or employees under the terms of any permit issued under this chapter; S:\COUNCIL\Ords\05-06 Ords\8.44Fireworks 2-14-06.Fnl.doc -- Page 5 of 10 Pages-- 8. Cash bond in the sum of one hundred dollars, to be forfeited to the city in the event the permittee fails to remove said stand, equipment and rubbish from the premises upon which the stand is located before twelve noon on July 15 of the year for which said permit is granted. The cash bond shall be returned to the applicant upon full performance of the requirements of this chapter; 9. Approval from the public works department of the city that operation at the fireworks stand at the proposed location will not present any sUbstantial hazard to vehicular or pedestrian traffic. F. Location of temporary stands may not be changed after an application is filed except as required by the city, or where there is evidence of change in property ownership or management and prior approval or consent has been revoked by the new owners or managers. G. No one organization eligible to receive a permit may receive more than one permit for fireworks sales during any one calendar year. H. All permits issued under this chapter shall remain in effect from noon on July 1 to noon on July 15 unless earlier suspended or revoked. I. All applicants for permits shall pay a non-refundable fee, on or before March 30 of each year, not to exceed the cost of processing any such application. All successful applicants for permits shall pay a fee, on or before May 15 of each year, not to exceed the full cost of inspecting such business, enforcing this code and providing public information, as well as safety education. All fees shall be established as set forth in Chapter 3.70 of this code. J. Permits may be issued with conditions to ensure that the business will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. 8.44.040 Regulations. A. Those fireworks which are classified as "dangerous" fireworks under Section 12505 of the California Health and Safety Code are prohibited, except that such fireworks as are defined and classified as "safe and sane fireworks" in Section 12529 of the California Health and Safety Code may be displayed, sold and used pursuant to the provisions of this chapter and not otherwise. Notwithstanding anything to the contrary, "Piccalo Pete" type and "Ground Flower" type fireworks shall not be used, displayed, or sold separately or in combination with Otherwise allowed fireworks. B. No permit holder shall shout, make any outcry, blow a horn, ring a bell or use any other sound device including any loudspeaker, radio or amplifying system where sound of sufficient volume is emitted or produced there from capable of being plainly heard upon the streets, alleys, parks or other public places. C. Any permit issued pursuant to this chapter shall be nontransferable, and shall be valid only as to the applicant and location provided on the application for such permit, or as set forth in Section 8.44.030F or 8.44.035F. Locational preference shall be given for the consecutive use of a particular location by the applicant as established by the previous year's approved plot plan assuming all other provisions of this ordinance are complied with. If two or more applications for new stand locations are S:\COUNCIL\Ords\05-06 Ords~8.44Fireworks 2-14-06.Fni.doc -- Page 6 of 10 Pages-- within the minimum four hundred foot distance requirement of each other, preference shall be determined by a drawing conducted by the city manager or his/her designee. D. Except as expressly permitted by and in accordance with the provisions of Chapter 12.44 of this code, the sale, offer to sell, advertising or display of merchandise on any street or sidewalk in the city or roof of the fireworks stand is prohibited. E. All retail sales of safe and sane fireworks shall be permitted only from a temporary fireworks stand and the sale from any other building or structure is prohibited. The sale of any other items or commodities (e.g., consumables) in conjunction with the sale of safe and sane.firewOrks is strictly prohibited. F. No fireworks stand shall be located within one hundred feet of any above-' groUnd or under-ground gasoline storage or gasoline pump or any garage or within thirty feet of any other building, or within four hundred feet of any other fireworks stand, when measured closest point to closest point. G. Fireworks stands need not comply with the provisions of the building code of the city except that the building official shall have authority to require that stands be constructed in a manner which will reasonably ensure the safetY of attendants and patrons. Fireworks stands may utilize shading devices such as canopies or awnings for the convenience of patrons subject to the following limitations: 1. The location and dimensions must be shown on the approved plot plan; 2. Cannot cover or impede any public rights-of-way; 3. Must be free standing (not anchored or tied to any public property such as light or electrical poles); 4. Must not cover the booth or any portion thereof; 5. Must meet all Uniform Fire Code specifications as adopted by the city, including flame retardancy and set-back requirements; 6. Must provide shade from the top only (no sides). Banners, signs or other items on or hanging from the awning or canopy are prohibited; 7. May not reduce the number of parking spaces required, by the traffic authority; and 8. Display. or sale of fireworks from the awning or canopy area is prohibited. H. Fireworks stands shall be located only in a C-1 zoning district or a zoning district less restrictive than C-1, unless located upon property owned and occupied by a church and/or school, which church or school is either a legal or legal nonconforming use of such property. I. All temporary stands for the display and sale of fireworks shall obtain an electrical permit from the city building department, if electrical current is utilized or necessary. J. If a toilet is not immediately available during all open or sale hours of the fireworks stand, then an approved chemical one must be provided. K. Each fireworks stand must have at least two exits. Each fireworks stand in excess of forty feet (12,192 mm) in length must have at least three exits. Exits shall have a minimum width of thirty inches (76 mm). An aisle with a minimum width of thirty S:\COUNC IL\.Ords\05-06 Ords'.8.4MFireworks 2-14-06.Fnl.doc -- Page 7 of 10 Pages -- inches (76 mm) shall 'lead to each exit. Exit doors shall be Operable from the inside without the use of a key or any special knowledge or effort. L. Each stand shall be provided with not less than two 2A 10 BC-type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire. M. No person shall light, or cause or permit to be lighted, any fireworks or any other article or material within any such stand, or within fifty feet thereof. N. No smoking shall be allowed in any stand, nor within fifty feet thereof. "No smoking" 'signs shall be prominently displayed. O. All weeds and .combustible material shall be cleared from the location of the stand, including a distance of at least twenty feet surrounding the stand. P. There shall be at least one adult in attendance during the open or sale hours of the fireworks stand. No minor under the age of eighteen shall be permitted in a stand. Q. All permits must be posted in a conspicuous place. R. "Safe and sane" fireworks may be sold only as f. ollows: 1. On July 1, July 2 and July 3 between the hours of 10:00 a.m. and 11:00 p.m; 2. On July 4 between the hours of 9:00 a.m. and 12:01 a.m. of the next day. S. Except for licensed pyrotechnicians, "safe and sane" fireworks may be used only on the following dates and times~ 1. On July 1 between the hours of 12:00 noon and 12:01 a.m. of the next day. 2. On July 2 and July 3 between the hours of 9:00 a.m and 12:01 a.m. of the next day. 3. On July 4 between the hours of 9:00 a.m. and 12:30 a.m. of the next day.. 4. On December 31st between the hours of 12:00 noon and 12:30 a.m of the next day. T. Permittee shall strictly comply with all provisions of the State Fireworks Law (Sections 12500 et seq. of the Health and Safety Code). U. The fireworks stand shall be removed from the temporary location by twelve noon on July 15, and all accompanying litter shall, be cleared from said location on or before said time. V. Night watchman accommodations shall not be closer than twenty-five feet from the fireworks stand. W. No fireworks shall be placed in any fireworks stand until a permit for such stand has been issued by the city. X. Any pe'rson who receives a notice to correct any violation of these regulations or any other condition of the permit, and who fails to correct such violation within the time prescribed in the notice, may be assessed a fee not exceeding the city's cost of reinspection in accordance with Section 3.70.040 of this code. S:\COUNC IL\Ords\05-06 Ords\8.44Fire,,vorks 2-14-06.Fnl.dqc -- Page 8 of 10 Pages Y. Each fireworks stand shall prominently display and provide safety educational materials that have been approved by the city's fire chief. A copy of the required materials shall be provided by the Bakersfield fire department. Required materials shall be paid for by the applicant and distributed with each fireworks sale. Z. All enforcement of the provisions of this chapter may be conducted pursuant to Chapter 15.64. 8,44.050 Revocation. Any permit issued pursuant to this chapter shall be immediately revoked by the city manager or his designee whenever he finds: A. That misrepresentations were made on the application; or B. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law. 8.44.060 Appeal. A. Should any applicant be dissatisfied with the decision of the city manager or his designee not to grant a permit or to revoke a permit, then said applicant may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or. permittee at the address provided on the application, make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear said objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to said hearing. The council may, upon said hearing, sustain, suspend or overrule the decision of the city manager or his designee, which decision shall be final and conclusive. B. Pending the hearing before the council, the decision of the city manager or his designee shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council's decisions. 8.44.070 Penalty. Violation of any provision of this chapter shall be punished as provided in Section 15.64.480, or any other manner permissible by law. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ....... oo0oo ....... S:\COUNCIL\Ords\05-06 Ords\8.44Fireworks 2~14-06.Fnl.doc · -~ Page 9 of 10 Pages -- I HEREBY CERTIFY that the foregoing Ordinance.was Passed and adopted by the Council of ihe City of Bakersfield at a regular meeting thereof held on by the following vote: ' AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: By: HARVEY L. HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JANICE SCANLAN Assistant City Attorney JAN:AMS:Isc:dll S:\COUNCIL\Ords\05-06 Ords\8.44Fireworks 2-14-06.Fnl.doc ' ~: -- Fage 10 of 1 0 Pages -- ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 15.64 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MISCELLANEOUS REGULATIONS OF THE UNIFORM FIRE CODE BE IT ORDAINED by the Council.of the City of Bakersfield as follows: SECTION 1. Section 15:64.036 of the Bakersfield Municipal Code is hereby amended to read as follows: 15.64.036 Section 103.4.1 amended--Compliance orders and notices. Section 103.4.1.1, Compliance Orders and Notices, of the Uniform Fire Code is amended to read as follows: General. Wl~¢en the chief finds any buildings, premises, vehicle, storage facility outdoor area or use of the aforementioned that is in violation of this code, the chief is authorized to issue administrative compliance orders requiring that the violation be corrected and imposing an administrative penalty, in accordance with the following: 1. In establishing a penalty amount and ordering that the violation be corrected pursuant to this section the chief shall take into consideration the nature, circumstances, extent, and gravity of the violation, the violators past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health or safety or the environment, the violator s ability to pay the penalty, and the deterrent effect that the imposition of the penalty would have on both the violator and the regulated community. 2. All administrative penalties collected from actions brought by the chief pursuant to this section shall be deposited into a special account that shall be expended to fund the activities of the prevention services division in enforcing this code. 3. The chief shall consult with the district attorney, county .counsel, or city attorney on the development of policies to be followed in exercising the authority delegated pursuant to this section as it relates to the authority of the chief to issue orders. S:\COUNCIL\Ords\05-06 O rds.',l 5.64.021 MiscRegFireCodePenaltyFnl.doc -- Page 1 of 4 Pages-- EXCEPTION: This section does not do any of the following: 1. Otherwise affect the authority of the chief to take any other action authorized by any other provision of law, except the chief shall not require a person to pay a penalty pursuant to this section and pursuant to a local ordinance for the same violation. 2. Restrict the power of a city attorney, district attorney, county coUnsel, or the Attorney General to bring, in the name of the people of California, any criminal proceeding otherwise authorized by law. ... 3. Prevent. the chief from cooperating with or participating in a proceeding specified in paragraph (2). SECTION 2. Section 15.64.350 of the Bakersfield Municipal Code is hereby amended to read as folloWs: ' 15.64.350 Duty to enforce code--Operational authority The Fire Code and Chapter 8.44 shall be enforced by the fire agency with jurisdictional responsibility for the area as defined in the memorandum of understanding between the city of Bakersfield and the county of Kern in effect at the time of enforcement. Such enforcement shall be under the supervision of the chief of the fire department within such jurisdictional responsibility who shall detail or direct members of that agency's fire department in the enforcement of the Fire Code. SECTION 3. Section 15.64.480 of the Bakersfield Municipal Code is hereby amended to read as follows: 15.64.480 Violation--Penalty. Except as provided herein, any person, firm or corporation convicted of violating any of the provisions of this code, or for failing to comply with any notice or order given pursuant to this chapter, shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. The maximum penalty for a conviction of a misdemeanor violation of any section of Article 78 of the Fire Code or Chapter 8.44 shall be a fine of not more than $1,000.00, or imprisonment for not more than six S:\COU NCIL\O rds\05-06 Ords\l 5.64.021 MiscRegFireCodePenaltyFnl.doc -- Page 2 of 4 Pages -- months, or by both such fine and imprisonment. The maximum administrative penalty for a violation of any section of Article 78 of the Fire Code or Chapter 8.44 shall be a fine of not more than $1,500.00. Each day of continuation of a violation is a separate offense. SECTION 4. This Ordinance shall be posted in accordance with .the provisiOns of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ....... ooOoo ....... S:\COUNCIL\O rds\05-06 Ords\! 5.64.021MiscRegFireCodePenaltyFnl.doc -- Page 3 of 4 Pages -- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City'of Bakersfield at a regular meeting thereof held on by the following vote: ' AYES: COUNCILMEMBER MAGGARD, CARSON, BENHAM, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNClLMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: By: HARVEY L. HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JANICE SCANLAN Assistant City Attorney JAN:AMS:Isc:dll S:\COU NCIL\Ords\05-06 Ords\l 5.64.021MiscRegFireCode PenaltyFnl.doc -- Page 4 of 4 Pages -- ADMINISTRATIVE REPORT I MEETING DATE: February 22, 2006 AGENDA SECTION: Consent Calendar ITEM: ~.h. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: February 15, 2006 CITY AT'I~.ORNEY CITY MANAGER SUBJECT: 1. An Ordinance Amending Chapter 8.44 of the Bakersfield Municipal Code Relating to Fireworks. 2. An Ordinance Amending Chapter 15.64 of the Bakersfield Municipal Code Relating to Miscellaneous Regulations of the Uniform Fire Code. RECOMMENDATION: Legislative and Litigation Committee recommends first reading of ordinances. BACKGROUND: For several months, the Fireworks Task Force has been meeting to come to a resolution of how best to deal with the sale and use of fireworks throughout the City and County. At the February 14, 2006 Legislative and Litigation Committee meeting, the Committee recommended first reading of the changes to the attached ordinances. The purpose of these amendments is to: (1) make the City's Fireworks Ordinance permitting requirements as similar as possible to the County of Kern's fireworks permit regulations; (2) make the City's Fireworks Ordinance sales and use requirements consistent with the County of Kern's sales and use regulations; (3) add the cost of increased enforcement efforts into the fireworks permit application fee; (4) constrict the times of use from year round to time periods around specific events associated with the use. of fireworks and consistent with County restrictions; (5) authorize County of Kern Fire Inspection and Prevention Officer to enforce the City ordinance in the City limits; and (6) strengthen the City's penalty options against code violators to deter future violations. 1. The most essential changes to Chapter 8.44 are as follows: a. 8.44.035.1. Amended to clarify that the sales permit "applicant"/non-profit corporation- retailer of fireworks will bear the cost of additional public education for use of fireworks and increased manpower costs for additional enforcement efforts of the prohibition on use of illegal fireworks. February 15, 2006, 9:20AM S:\COUNClL~,dmins\05-06 Admins\fireworksrevised2-14-06.doc ADMINISTRATIVE REPORT b. 8,44.040.F. Added to clarify and make uniform with the County the prohibition against fireworks stands locating within one hundred feet of any gasoline "handling" facility, regardless of whether or not it is located abOve or below ground. c. 8.44.040,K. Amended to make the City ordinance match the County ordinance in regulating the number of exits and other structural separation in the construction' of fireworks stands. d. 8.44.040.R, Amended to reflect a desired change in the hours that applicants may sell legal fireworks. The new hours of sale are as follows: July 1 - 12:00 noon to ~.m.; July 2 and 3 - 9:00 a.m. to 1,0~e~.m.; and July 4- 9:00 a.m. to 12:01 a.m. of the next day. -' /f; ~ 0 e. 8.44.040.S. Amended to set forth the days and hours that the public may use legal fireworks. The hours of .use are as follows: July I - 12:00 noon to 12.01 a.m. of the next day; July 2 and 3 are 9:00 a.m. to 12:01 a.m. of the next day; on July 4 the hours are 9:00 a.m. to 12:30 a.m. of the next day; and on December 31 the hours are 12:00 noon to January 1, 12:30 a.m. of the next day. 2. The most significant changes in Chapter 15.64 are as follows: a. 15.64.036. Amended to identify the Fire Chief's authority to enforce Chapter 8.44 of the Municipal Code and to issue administrative compliance orders for the "use" of fireworks on any premises or outdoor area under the Fire Code. b. 15.64.350. Amended to specifically authorize County Fire personnel to enforce California Fire Code regulations of fireworks and the City Municipal Code chapter regulating fireworks (8.44) pursuant to the Joint Powers Agreement in effect at the time of the violation. c. 15.64.480. Amended to except the standard misdemeanor maximum punishment ($500.00) for violating the Municipal Code (found at BMC § 1.04.010) from application to violations of the Fireworks Ordinance, to authorize the maximum penalty as allowed by state law at $1000.00, and to authorize the option of administrative enforcement fines up to $1,500.00. JS:js February 15, 2006, 9:24AM S:\COU NClL~dmins\05-06 Admins\fireworksrevised 2-14-06.doc ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 15.64 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MISCELLANEOUS REGULATIONS OF THE UNIFORM FIRE CODE BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 15.64.036 of the Bakersfield Municipal Code is hereby amended to read as follows: 15.64.036 SectiOn 103.4.1 amended--Compliance orders and notices. Section 103.4.1.1, Compliance Orders and Notices, of the Uniform Fire Code is amended to read as follows: General. 'When the chief finds any buildings, premises, vehicle, storage facility_, e~ outdoor area ~r use of the aforementioned that is in violation of this code, the chief is authorized to issue administrative compliance orders requiring that the violation be corrected and imposing an administrative penalty, in accordance with the following: 1. In establishing a penalty amount'and ordering that the violation be corrected pursuant to this section the chief shall take into consideration the nature, circumstances, extent, and gravity of the violation, the violators past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health or safety or the environment, the violator s ability to pay the penalty, and the deterrent effect that the imposition of the penalty would have on both the violator and the regulated community. 2. All administrative penalties collected from actions brought by the chief pursuant to this section shall be deposited into a special account that shall be expended to fund the activities of the prevention services division in enforcing this code. 3. The chief shall consult with the district attorney, county counsel, or city attorney on the development of policies to be followed in exercising the authority delegated pursuant to this section as it relates to the authority of the chief to issue orders. EXCEPTION: This section does not do any of the following: S:\COUNCIL\Ords\05-06 Ords\l 5.64.021 MiscRegFireCodePenaltyrev3.doc -- Page 1 of 4 Pages-- 1. Otherwise affect the authority of the chief to take any other action authorized by any other provision of law, except the chief shall not require a person to pay. a penalty pursuant to this section and pursuant to a local ordinance for the. same violation. 2. Restdct the power of a city attorney, district attorney, county counsel, or the Attorney General to bring, in the name of the people of California, any criminal proceeding otherwise authorized by law. 3. Prevent the chief from cooperating with or participating in a proceeding specified in paragraph (2). " SECTION 2. Section 15.64.350 of the Bakersfield Municipal Code is hereby amended to read as follows: 15.64.350 Duty to enforce codc Operational authority The Fire Code and Chapter 8.44: shall be enforced by the fire agency with jurisdictiOnal responsibility for the area as defined in the memorandum of understanding between the city of Bakersfield and the county of Kern, Agrccmcnt No. ~J8-48~ in effect att_tEe time of enforcement. Such enforcement shall be under the supervision of the chief of the fire department within such jurisdictional responsibility who shall detail or direct members of that agency} fire department in the enforcement of the Fire Code. SECTION 3. Section 15.64.480 of the Bakersfield Municipal Code is hereby amended to read as follows: 15.64.480 Violation--Penalty. ~_;<_:,~_t_.~_:~ ~ozcPc_d_e~_._h_~8~l~% ,~ny person, firm or corporation convicted of violating any of the provisions of this code, or for failing to comply with any notice or order given pursuant to this chapter, shall be punishable by a fine of not more than five hundred-dollars ($500) or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. ?l~:~_:Z~i!~_l!~_!~.~r.-~/_(qz__,-.~ S:\COUNCIL\Ords\05-06 Ords\l 5.64.021MiscRegFireCodePenaltyrev3.doc -- Page 2 of 4 Pages -- Fire Code or Chapter 8.44 shall be a fine of not more than $1:500.00. Each day of continuation of a violation is a separate offense. SECTION 4. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ..... oo0oo ..... S:\COUNCIL\Ords\05-06 Ords\l 5.64.021 MiscRegFireCodePenaltyrev3.doc -- Page 3 of 4 Pages -- ! HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBERMAGGARD, CARSON, BENHAM;COUCH, HANSON, SULLIVAN, SCRiVNER NOES: COUNClLMEMBER ABSTAIN: COUNClLMEMBER ABSENT: COUNClLMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: By: HARVEY L, HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By': ALLEN M. SHAW Deputy City Attorney AMS:Isc S:\COUNCIL\Ords\05-06 Ords\15.64.021 MiscRegFireCodePenaltyrev3.doc -- Page 4 of 4 Pages -- ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 8.44 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO FIREWORKS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 8.44 of the Bakersfield Municipal Code is hereby amended to read as follows: . Chapter 8.44 FIREWORKS Sections: 8.44.010 Definitions. 8.44,020 Permit required. 8.44.025 Effective dates. 8.44.030 Application - Issuance - Fee. 8.44,035 Application - Issuance -Fee. 8.44.040 Regulations. 8.44,050 Revocation. 8.44.060 ApPeal. 8_,_44,070. Penalty_, 8.44.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "Applicant" means those persons defined in Section 8.44.030(A)(1) through {-4-} ~. B. "Person" means any individual, partnership, group, corporation or association of any nature whatsoever. 8.44.020 Permit required. It is unlawful for any person to sell or offer for sale or expose for sale within the city any fireworks in violation of this chapter or without having a valid permit in accordance with the provisions of this chapter. 8.44.025 Effective dates. Not withstanding anything to the contrary in Section 8.44.030, Section 8.44.030 shall be effective through July 15, 2006. All organizations issued a fireworks permit in S:\COUNCIL\Ords\05-06 Ords\8.44Fireworks 2-14-06ri.doc -- Page 1 of 11 Pages -- 2005 under Section 8.44.030 shall be eligible to reapply for a fireworks permit through July 15, 2006. 8.44.030 Applicationwlssuanco Fee. A. A permit for the sale of safe and sane fireworks may not be issued except to the following applicants: 1. A nonprofit organization or corporation organized and existing primarilyfo~ veteran, patriotic, religious, welfare, charitable or civic-betterment purposes, organized and established in the city at least one year prior to the filing of application for permit under this chapter and having a bona fide membership of at least thirty-five members. The organization must be one which provides direct and regular community services and benefits to the citizens of the city. A local generally recognized nonprofit organization is eligible to submit one application. Each educational and/or religious organization is eligible to submit one application (signed by the local recognized leader of the organization). 2. Retail (for profit) business establishments which have, for a period of at~ least one year prior to the filing of an application for permit under this chapter, held a valid business tax certificate issued by the city under Chapter 5.02 of this code; provided, no such permit shall be issued to any such retail business establishment unless such establishment was issued a permit the previous year. 3. Those applicants having first obtained a permit or license from the State Fire Marshall under Part 2, Division 11 of the Health and Safety Code of this state. B. All recipients of fireworks permits except those specifically exempted in subsection C of this section, shall be selected by a drawing (by lot) conducted by the city manager or his/her designee not later than April 10 of each year. C. The total number of fireworks permits to be issued shall not exceed one permit per four thousand population, or portion thereof, in the city, as set forth in the prior calendar year annual report of the State Department of Finance, but' not less than seventy-five; provided, however, any person applying for a fireworks permit who had such permit in 1994 and also in each subsequent year shall be issued 'a permit if otherwiSe qualified without being included in the drawing, notwithstanding the fact that such issuance may increase the number of permits to more than that allowed herein. D. Applications for fireworks permits shall be submitted by the "applicant" (as opposed to the fireworks vendor) commencing March 1 through. March 30 of each year. No applications shall be accepted by the city after March 30 of each year. Applications for the drawing referenced in subsections B and C of this section need not include the state sales tax number nor will require items 3 through 8 of the application form. Those applicants successful in the drawing shall have until May 15 to complete their applications. E. Except as modified by subsection D of this section~ applications for fireworks permits shall be made on forms to be furnished by the city manager or his designee, shall be signed under penalty of perjury by the applicant and shall require the following information and documents: S:\COUNCIL\Ords\05-06 Ords\8.44Fireworks 2-14-06ri.doc -- Page 2 of 11 Pages -- 1. The name, address and telephone number of the nonprofit organization or retail business establishment for which application is made; 2. The applicant's business tax certificate number if it is a retail business establishment, and the name and address of all owners of such business; 3. The location of the Proposed fireworks sales; 4. The purpose of the nonprofit organization or corporation including the services provided to the citizens of the city, the number of citizens within the city the organization serves; the approximate date of its establishment 'in the city; its principal and permanent meeting place in the city; the total number of its local membership; the names and addresses of its officers; 5. A plot plan, showing the location of the temporary fireworks stand, utilities, location of permanent and 'temporary structures, curb cuts and/or driveways and identifying the nearest available sanitary facilities, and fire hydrants. FOr those applicants who Were issued a firewOrks permit for the preceding year, the plot plan must be submitted with the application package. For those applicants successful in the drawing, plot plans must be submitted by May 15 of each year. Plot plans will be approved or rejected by the fire department by June 15. Amendment will not be permitted to any plot Plan rejected subsequent to the March 30 application deadline for renewal permits or the May 15 deadline for successful drawing applicants, .except to correct any violation of the minimum distance separation as required by Section 8.44:040F; 6. A written authorization from the owner of the location or person in lawful possession thereof, if other than the applicant, for the locating of the business upon his or her property; 7. Evidence, Satisfactory to the city manager or his designee, of (1) general liability insurance providing coverage on an' occurrence basis for bodily injury, include~ death of one or more persons, property damage and personal injury, with limits as required by the city; and (2) workers' compensation', with statutory limits and employers liability insurance with limits as required by the city. All policies required of the applicant hereunder shall be primary insurance as to the city, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the city, its mayor, council, officers, agents, employees and volunteers shall be considered excess insurance over and above the applicant's insurance and shall not contribute with it. The applicants shall save, hold harmless and indemnify the city, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or is any way related to any work performed by applicant, his agents or employees under the terms of any permit issued under this chapter; 8. Cash bond in the sum of one hundred dollars, to be forfeited to the city in the event the permittee fails to remove said stand, equipment and rubbish from the premises upon which the stand is located before twelve noon on July 15 of the year for which said permit is granted. The cash bond shall be returned to the applicant upon full performance of the requirements of this chapter; S:\COUNCIL\Ords\05-06 Ords\8.44Fireworks 2-14-06ri.doc -- Page 3 of 11 Pages -- 9. Approval from the public Works department of the city that operation at the fireworks stand at the proposed location will not present any substantial hazard to vehicular or pedestrian traffic. F. Location of temPorary stands may not be changed after an application is filed except as required by the city, or where there is evidence of Change in property ownership or management and prior approval or consent has been revoked by the new owners or managers. G. No one organization eligible to receive a permit may receive more than One permit for fireworks sales during any one calendar year. H. All permits issued under this chapter shall remain in effect from noon on July 1 to noon on July 5 unless earlier suspended or revoked. I. All applicants for permits, whether selected by drawing or not, shall pay a non-refundable fee, on or before March 30 of each year,' not to exceed the cost of processing any such application. All successful applicants for permits shall pay a fee, on or before May 15 of each year; not to exceed the full' cost of inspecting and enforcing such business. All fees shall be .established as set forth in Chapter 3.70 of this code. J. Permits may be issued with conditions to ensure that the business will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. K. This entire section shall sunset at midnight on July 15, 2006. 8.44.035 Applicationmlssuanco Fee. · A. On July 16, 2006, and thereafter, a permit for the sale of safe and sane fireworks may not be issued except to a nonprofit organization or corporation organized and'existing primarily for veteran, patriotic, religious, welfare, charitable or civic- betterment purposes, organized and established in the city at least one year prior to the filing of application for permit under this chapter and having a bona' fide membership of at least thirty-five members. The organization must be one which provides direct and regular community services and benefits to the citizens of the city. A local generally recognized nonprofit organization is eligible to submit one application. Each educational and/or religious organization is eligible to submit one application (signed by the local recognized leader of the organization). B. All recipients of fireworks permits shall be selected by a drawing (by lot) conducted by the city manager or his/her designee not later than April 10 of each odd year. Each recipient successful in the odd year drawing shall be eligible to reapply for a fireworks permit the following year. Unsuccessful applicants may reapply for a fireworks permit the next odd year. C. The total number of fireworks permits to be issued shall not exceed one permit per four thousand population, or portion thereof, in the city, as set forth in the prior calendar year annual report of the State Department of Finance, but not less than seventy-five. D. Applications for fireworks permits shall be submitted by the "applicant" (as opposed to the fireworks vendor) commencing March 1 through March 30 of each year. No applications shall be accepted by the city after March 30 of each year. Applications S:\COUNCIL\Ords\05-06 Ords\8.44Fireworks 2-14-06al.doc -- Page 4 of 11 Pages -- for the drawing referenced in subsections. B and C of this section need not include the state sales tax number nor will require items 3 through 8 of the application form. Those applicants successful in the 'drawing shall have until May 15 to complete their applications. E. Except as modified by subsection D of this section, applications for fireworks permits shall be 'made on forms to be furnished by the city manager or his designee, shall be signed under penalty of perjury by the applicant and shall require the following information and documents: 1. The name, address and telephone number of the nonprofit organization e¢ ~,,,,a ~,,,o~ ...... ,,,~,~io~,,,.,,-,,,, for which application is made; 2. The applicant's business tax certificate number if ~t ~o ~ -'-'*"I~ F,,,,.~,,,-,,.~. 3. The location of the proposed fireworks sales; 4. The purpose of the nonprofit organization or corporation including the services provided to the citizens of the city, the number of citizens within the city the organization serves; its principal and permanent meeting place in the city; the approximate date of its establishment in the city; the total number of its local membership; the names and addresses of its officers; 5. A plot plan, Showing the location of the temporary fireworks stand, utilities, location of permanent and tempo~:ary structures, curb cuts and/or driveways and identifying the nearest available sanitary facilities, and fire hydrants. For those applicants who were issued a fireworks permit for the preceding year, the plot plan must be submitted with the application package. For those applicants successful in the drawing, plot plans must be submitted' by May 15 of each year: Pict plans will be approved or rejected by the fire department by June 15. Amendment will not be permitted to any plot plan rejected subsequent to the March 30 application deadline for renewal permits or the May 15 deadline for successful drawing applicants, except to correct any violation of the minimum distance separation as required by Section 8.44.040F; 6. A written authorization from the owner of the location or person in lawful possession thereof, if other than the applicant, for the locating of the business upon his or her property; 7. Evidence, satisfactory to the city manager or his designee, of (1) general liability insurance providing coverage on an occurrence basis for bodily injury, included._'_.,.¢,=:,;,~ death of one or more persons, property damage and personal injury, with limits as required by the city; and (2) workers' compensation, with satisfactory limits and employers liability insurance with limits as required by the city. All policies required of the applicant hereunder shall be primary insurance as to the city, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the city, its mayor, council, officers, agents, employees and volunteers shall be considered excess insurance over and above the applicant's insurance and shall not contribute with it. The applicants shall save, hold harmless and indemnify the city, its officers, agents, employees and volunteers from all claims, demands, judgments, costs or expenses in law or equity that may at any time arise from or is any S:\COUNCIL\Ords\05-06 Ords\8.44Fireworks 2-14-06al.doc -- Page 5 of 11 Pages -- way related to any work performed by applicant, his agents or employees under the terms of any permit issued under this Chapter; 8. Cash bOnd in the sum of one hundred dollars, to be forfeited to the city in the event the permittee fails to remove said stand, equipment and rubbish from the premises upon which the stand is located before twelve noon on July 15 of the year for which said permit is granted. The cash bond shall be returned to the applicant upon full performance of the requirements of this chapter; 9. Approval from the public works department of the city that operation at the fireworks stand at the proposed location will not present any substantial hazard to vehicular or pedestrian traffic. F. Location of temporary stands may not be changed after an application is filed except as required by the city, or where there is evidence of change in property ownership or management and prior approval or consent has been revoked by the new owners or-managers. G. No one organization eligible to receive a permit may receive more than one permit for fireworks sales during any one calendar year. H. All permits issued under this chapter shall remain in effect from noon on July 1 to noon on July 15 unless earlier suspended or revoked. I. All applicants for permits shall pay a non-refundable fee, on or 'before March 30 of each year, not to exceed the cost of processing any such aPplication. All successful 'applicants for permits shall pay a fee, on or before May 15 of each year, not to exceed the full cost of inspecting such business,, and enforcing such bus!nose _this ¢,_o_de__az~ providing pubEc infqrmatioQ~aS well as safe3~ ed.uc_a_tion,. All fees shall be established as set forth in Chapter 3.70 of this code. J. Permits may be issued with conditions to ensure that the business will be operated' in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. 8.44.040 Regulations. A. Those fireworks which are classified as "dangerous" fireworks under Section 12505 of the California Health and Safety Code are prohibited, except that such fireworks as are defined and classified as "safe and sane fireworks" in Section 12529 of the California Health and Safety Code may be displayed, sold and used pursuant to the provisions of this chapter and not otherwise. Notwithstanding anything to the contrary, "Piccalo Pete" type and "Ground Flower" type fireworks shall not be used, displayed, or sold separately or in combination with otherwise allowed fireworks. B. No permit holder shall shout, make any outcry, blow a horn, ring a bell or use any other sound device including any loudspeaker, radio or amplifying system where sound of sufficient volume is emitted or produced there from capable of being plainly heard upon the streets, alleys, parks or other public places. C. Any permit issued pursuant to this chapter shall be nontransferable, and shall be valid only as to the applicant and location provided on the application for such permit, or as set forth in Section 8.44.030F ~:L-'~:~..~'~-:~-.:~?~!'"~- Locational preference shall be given for the consecutive use of a particular location by the applicant as established S:\COUNC L\Ords\05-06 Ords\8.4zF!reworks 2-14-06al.doc -- Page 6 of 11 Pages-- by the previous year's 'approved plot plan assuming all other 'provisions of this ordinance are complied with. If two Or more applications for new stand locations are within the minimum four hundred foot distance requirement of each other, preference shall be determined by a drawing conducted by the city manager or his/her designee. D. .Except as expressly permitted by and in accordance with the provisions of Chapter 12.44 of this code, the sale, offer to sell, advertising or display of merchandise on any street or sidewalk in the city or roof of the fireworks stand is prohibited. E. All retail sales of safe and sane fireworks shall be permitted only from a' temporary fireworks stand and the sale from any other building or structure is prohibited. The sale of any other items or commOdities (e.g., consumables) in conjunction with the sale of safe and sane fireworks is strictly prohibited. F. No fireworks stand shall be located within one hundred feet of any above- · ground or under,grOund, gasoline storage or gasoline pump or any garage or within thirty feet of any other building, or within four hundred feet of any other fireworks stand, when measured closest point to closest point. G. Fireworks stands need not comply with the provisions of the building code of the city except that the building official shall have authority to reqUire that stands be constructed in a manner which will reasonably ensure the safety of attendants and patrons. Fireworks stands may utilize shading devices such as canopies or awnings for the convenience of patrons subject to the following limitations: 1. The location and dimensions muSt be shown on the approved plot plan; 2. Cannot cover or impede any public rights-of-way; 3. Must be free standing (not anchored or tied to any public property such as light or electrical poles); 4. Must not cover the booth or any portion thereof; 5. Must meet all Uniform Fire Code specifications as adopted by the city, including flame retardancy and set-back requirements; 6. Must provide shade from the top only (no sides). Banners, signs or other items on or hanging from the awning or canopy are prohibited; 7. May not reduce the number of parking spaces required by the traffic authority; and 8. Display or sale of fireworks from the awning or canopy area is prohibited. H. Fireworks stands shall be located only in a C-1 zoning district.or a zoning district less restrictive than C-1, unless located upon property owned and occupied by a church and/or school, which church or school is either a legal or legal nonconforming use of such property. I. All temporary stands for the display and sale of fireworks shall obtain an electrical permit from .the city building department, if electrical current is utilized or necessary. J. If a toilet is not immediately available during all open or sale hours of the fireworks stand, then an approved chemical one must be provided. S:\COUNCIL\,Ords\05-06 Ords\8.44Fireworks 2-14-06d doc -- Page 7 of 11 Pages -- K. Each fireworks stand !n ....... ~ *' .... *"-~ .... ~""* ;'~ ~"""*~' must have at least two exits. Each fireworks stand in excess of forty feet (12:192 mm)in length must have at least three exits. Exits shall have a minimum width of thirty inches (76 ,mm). An aisle with a minimum width of thirty inches (76 mm) shall lead to each exit. Exit doors shall be operable from the inside without the use of a ke,v or any. special knowledge or effort. L. Each stand shall be provided with not lesS than two 2A 10 BC-type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire. M. No person shall light, or cause or permit to be lighted, any fireworks or any other article or material'within any such stand, or within fifty feet thereof. N. No smoking shall be allowed in any stand, nor within fifty feet thereof. "No smoking" signs shall be prominently displayed. O. All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty feet surrounding the stand. P. There shall be at least one adult in attendance during the open or sale hours of the fireworks stand. No minor under the age of eighteen shall be permitted in a stand. Q. All permits must be posted in a conspicuous place. ~and sane'; F-fireworks -'~""' .............. _ ~ ..... l:[la,y be sold only ~'"* ..... n *~"-' hours '-'~ * .... ~'"" ""'"" ~"~" ! *" * ..... ~,,,-, ,,,, .... i,,~,, ~. follows_: ,-,- ......... , ,--,] , ,-- · ....... ---,,, ,,,, ,,,~,~ ,, as 1_,_ On July 1 betwe_en the hours of '!2:00 no_on.and '10:00 2__. ~n_~uly 2 and ,,Lujy 3 betw_e_e~ the_hours qf 9:00 a.m and 1_0:00 ._p__._._._._._._._~. 3. On July 4 between the hours of 9:00 a.m. and '12:01 a.m. of the next S. Except for ' __ .... ' '~' ". .... _ ., hcense.d_p,v_Lot~¢nn_qgj~mlan:~,_:Ls_afe and sa.n__e" ~.e u~_e_d__qnll/_~n the followin_Q~_d_._a:tg_..,s~.n__dd_ti_&m_~.' 1~_ _O__n. J.u!.v 1 tz,:~__een the hQ_u.r_~ o__f_ 1_:0Q_~o_.o_~o_a_n_d_1_2_;_0_1 a.m. pf_Lth~ next 3, On Jt41:~_~'~ .b_bzatween the hours of 9:_0_0. ~.m. and 12:30 a,m. _qf the next =.. ~ D , : ":'___ '_"::_2': '"_; ....... L ............................................................................ ~_.. Permittee shall strictly comply with all provisions of the State Fireworks Law (Sections 12500 et seq. of the Health and Safety Code). Tw. :!?~ The fireworks stand shall be removed from the temporary location by twelve noon on July 15, and all accompanyin9 litter shall be cleared from said location On or before said time. ~g. ~ Night watchman accommodations shall not be closer than twenty-five feet from the fireworks stand. S:\COU NCIL\Ords\05-06 Ords~8.44Fireworks 2-14-06ri.doc -- Page 8 of 11 Pages -- M~. W, No fireworks shall be placed in any fireworks stand until a permit for such stand has been issued by the city. W.X. Any person who receives a notice to correct any violation of these regulations or. any other condition of the permit, and who fails to correct such violation within the time prescribed in the notice, may be asseSsed a fee not exceeding the city's cost of reinspection in accordance with Section 3.70.040 of this code. -)G.Y. Each fireworks stand shall prominently display and provide safety educational materials that have been approved by the city's fire chief. A copy of the required materials shall be provided by the Bakersfield fire department. Required materials shall be paid for by the applicant and distributed with each fireworks sale. ¥. Z. All enforcement of the provisions of this chapter may be conducted pursuant to Chapter 15.64. *~' ..... ~' '?'c ' "-~'-~' ~-'-' r,,,~, 8.44:050 Revocation. Any permit issued pursuant to this chapter shall be immediately revoked by the city manager or his designee whenever he finds: A. That misrepresentations were made on the application:, or B. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law. 8,44.060 Appeal; A. Should any applicant be dissatisfied with the decision of the city 'manager or his designee not to grant a permit or to revoke a permit, then said applicant may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or permittee' at the address provided on the application, make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear said objections at a regular meeting nO later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to said hearing. The council may, upon said hearing, sustain, suspend or overrule the decision of the city manager or his designee, which decision shall be final and conclusive. B. Pending the hearing before the council, the decision of the city manager or his designee shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date .of the council's decisions. Vio~adop.. of ar',.'.Z ~rovi~ion of this chaptAr s;"m i b~ c, uni?-.ined as ~'~rp. vided in Sectiop. 15.64,480, or am./otha, r manner .~2ermL~s{':'}~e by law. S:\COUNCIL\Ords\05-06 Ords\8.44Fireworks 2-14-06ri.doc -- Page 9 of 11 Pages-- SECTION2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. --oo0oo-- S:\COUNCIL\Ords\05-06 Ords\8.4-1. Fireworks 2-14 06ri.doc -- Page 10 of 1 1 Pages I HEREBY CERTIFY that the foregoing Ordinance was passed, and adopted by ~ the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRiVNER NOES: COUNClL~EMBER ABSTAIN: COUNClLMEMBER ABSENT: COUNClLMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: By: HARVEY L. HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ALLEN M. SHAW Deputy City Attorney AMS:Isc S:\COUNClL\Ords\05.06 Ords\8.44Fireworks 2-14-06ri.doc -- Page 11 of 11 Pages ~- ADMINISTRATIVE REPORT' MEETING DATE: FebrUary 22, 2006 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and Oity Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT' HEAD /,,/'~ DATE: February 16, 2006 CITY ATTORNEY ; CITY MANAGER. SUBJECT: Resolution Adopting Council Policy Regarding Councilmember Reimbursement for Expenses (AB1234) RECOMMENDATION: Legislative and Litigation Committee Recommends Adoption BACKGROUND: AB 1234 (Salinas) became effective January 1, 2006. This bill requires cities (including charter cities) which provide Councilmembers reimbursement for expenses, to adopt a written policy which sets forth the parameters under which such reimbursement may be received and what expenses qualify. In addition, the new law requires that Councilmembers who are eligible for reimbursement complete a two- hour ethics class by January 1, 2007. At the February 14, 2006 Legislative & Litigation Committee meeting, the City Attorney introduced a similar format of ti"ie attached resolution for the Committee's consideration. It was unanimously agreed by the Committee members to forward this Resolution to the City Council for approval and adoption. If approved, the Resolution should also be placed in City Council's Policy and Procedure Manual. in addition, it was agreed that the City Attorney should bring work on language to amend the Resolution in order to provide for specific situations under which reimbursement for travel, meals and lodging would be allowed. While this type of language is being worked on, the attached Resolution is a good start and its adoption is recommended in an effort to expeditiously comply with AB 1234. Once the Committee has reviewed and discussed additional language, any such amendments will be brought back to the City Council for consideration. VG:do S:\COUNCILL'kdminsX05-06 Admins~AB 1234.doc February 16, 2006 - 9:56 AM RESOLUTION NO. RESOLUTION ESTABLISHING A WRITTEN POLICY FOR REIMBURSEMENT OF CERTAIN EXPENDITURES FOR CITY COUNClLMEMBERS AND COMMISSIONERS AND THE REQUIREMENT OF ETHICS TRAINING. ~ WHEREAS, Assembly Bill 1234 (Salinas) imposes new restrictions on compensation and reimbursement of expenses for members of local legislative bodies and creates a new ethics training requirement for local public officials; and WHEREAS, Government Code sections 54950 et sq., also known as the Ralph M. Brown Act, defines "members of a legislative body" to include the members of any Commissions or advisory bodies created by the Council; and WHEREAS, the City of Bakersfield has several standing Commissions, including, the Bakersfield Planning Commission, the Bakersfield Fire Civil Service Commission, the Bakersfield Police Civil Service Commission, the Bakersfield Miscellaneous Civil Service Commission and the Bakersfield Redevelopment Agency; and WHEREAS, Assembly Bill 1234 requires cities and other public agencies to adopt a written policy, in a public meeting, that lists the types of occurrences that qualify members of a legislative body to receive reimbursements for expenses relating to travel, meals, lodging, and other expenses; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield as follows: SECTION 1 FINDINGS AND DETERMINATIONS The City Council hereby finds and determines that the above recitals are true and correct and serve as the basis, in part, for the findings and actions of the City set forth below. SECTION 2 DIRECTION The City Council hereby adopts the following Reimbursement and Ethics Training Policy for members of the City Council and all City Commissions: A. REIMBURSEMENT. The City may reimburse members of City legislative bodies for actual and necessary expenses incurred in the performance of official duties. This includes expenses associated with conferences, education, and other training exercises directly related to a member's respective office. The reimbursement of expenses is imited in the following manner: 1. LODGING. Lodging costs in conjunction with a conference or other official activity may not exceed the maximum group rate published by the conference or activity sponsor, if lodging at the group rate is available at the time of booking. If not, the member shall be reimbursed for lodging at comparable rates, or rates established by the Internal Revenue Service. 2. MEALS. Meals may be reimbursed at standard rates established by the Internal Revenue Service. 3. TRAVEL. Members shall use govemment or group rates for travel, when available. If not available, members may be reimbursed according to the standard rates established by the Internal Revenue Service. 4. INCIDENTAL EXPENSES. Incidental expenses, including but not limited to tips and business telephone calls may be reimbursed at the rates established in Intemal Revenue Service Publication 463 and as amended from time to time. Any additional expenses that fall outside the scope of this policy may be reimbursed only if approved by the City Council, at a public meeting, before the expenses are incurred. B. EXPENSE REPORT~. The City shall require the submission of expense reports, on City forms, and receipts from members of City legislative bodies who request reimbursement for their expenses. Such reports are public records subject to disclosure. In addition, legislative members must provide brief reports on any outside meetings attended at the expense of the City at the next regular meeting of the legislative body. Reimbursement is conditioned on the submission of this report to the respectiVe legislative body. C. ETHICS TRAINING. City Councilmembers and all members of City legislative bodies shall receive at least two hours of ethics training in general ethics principles and ethics laws relevant to his or her public service every two years. New members must receive this training within their first year of service on a legislative body. An individual who serves on multiple legislative bodies need only receive two hours of ethics training every two years to satisfy this requirement for all applicable public service positions. The City will be required to keep ethics training records for at least five years to document and prove that these continuing education requirements have been satisfied. The City may develop its own ethics training course or use an outside provider. If the City develops its own ethics training, the City must consult with the Fair Political Practices Commission and the State Attorney General. SECTION 3 EFFECTIVE DATE ThiS Resolution shall take effect immediately upon its adoption. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by thefollowing vote: AYES: COUNCILMEMBER: CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN. SCRiVNER NOES: COUNClLMEMBER: ABSTAIN: COUNClLMEMBER: ABSENT: COUNClLMEMBER: cITY CLERK and Ex OffiCio Clerk of the Council of the City of Bakersfield · APPROVED By HARVEY L. HALL Mayor APPROVED as to form: VIRGINIA GENNARO City Attorney By: VIRGINIA GENNARO CITY ATTORNEY S:\COU NCIL\Resos\05-06 Resos~Expenditures.htm ADMINISTRATIVE REPORT' I MEETING DATE: FebrUary 22, 2006 I AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD //'"~ DATE: February 16, 2006 CITY ATTORNEY I'/'~~-~' CITY MANAGER. SUBJECT: Resolution Adopting Council Policy Regarding Councilmember Reimbursement for Expenses (AB1234) RECOMMENDATION: Legislative and Litigation Committee Recommends Adoption BACKGROUND: AB 1234 (Salinas) became effective January 1, 2006. This bill requires cities (including charter cities) which provide Councilmembers reimbursement for expenses, to adopt a written policy which sets forth the parameters under which such reimbursement may be received and what expenses qualify. In addition, the new law requires that Councilmembers who are eligible for reimbursement complete a two- hour ethics class by January 1, 2007. At the February 14, 2006 Legislative & Litigation Committee meeting, the City Attorney introduced a similar format of the attached resolution for the Committee's consideration. It was unanimously agreed by the Committee members to forward this Resolution to the City Council for approval and adoption. If approved, the Resolution should also be placed in City Council's Policy and Procedure Manual. In addition, it was agreed that the City Attorney should bring work on language to amend the Resolution in order to provide for specific situations under which reimbursement for travel, meals and lodging would be allowed. While this type of language is being worked on, the attached Resolution is a good start and its adoption is recommended in an effort to expeditiously comply with AB 1234. Once the 'Committee has reviewed and discussed additional language, any such amendments will be brought back to the City Council for consideration. VG:do S:\COUNCILXAdrnins\05-06 AdminsX2AB 1234.doc February 16, 2006 - 9:56 AM RESOLUTION NO. RESOLUTION ESTABLISHING A WRITTEN POLICY FOR REIMBURSEMENT OF CERTAIN EXPENDITURES FOR CITY COUNCILMEMBERS AND COMMISSIONERS AND THE REQUIREMENT OF ETHICS TRAINING. WHEREAS, Assembly Bill 1234 (Salinas) imposes new restrictions on compensation and reimbursement of expenses for members of local legislative bodies and creates a new ethics training requirement for local public officials; and WHEREAS, Govemment Code sections 54950 et sq., also known as the Ralph M. Brown Act, defines "members of a legislative body" to include the members of any Commissions or advisory bodies created by the Council; and WHEREAS, the City of Bakersfield has several standing Commissions, including, the Bakersfield Planning Commission, the Bakersfield Fire Civil Service Commission, the Bakersfield Police Civil Service Commission, the Bakersfield Miscellaneous Civil Service Commission and the Bakersfield Redevelopment Agency; and WHEREAS, Assembly Bill 1234 requires cities and other public agencies to adopt a written policy, in a public meeting, that lists the types of occurrences that qualify members of a legislative body to receive reimbursements for expenses relating to travel, meals, lodging, and other expenses; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield as follows: SECTION 1 FINDINGS AND DETERMINATION-~ The City Council hereby finds and determines that the above recitals are true and correct and serve as the basis, in part, for the findings and actions of the City set forth below. SECTION 2 DIRECTION The City Council hereby adopts the following Reimbursement and Ethics Training Policy for members of the City Council and all City Commissions: A. REIMBURSEMENT. The City may reimburse members of City legislative bodies for actual and necesSary expenses incurred in the performance of official duties. This includes expenses associated with conferences, education, and other training exercises directly related to a member's respective office. The reimbursement of expenses is imited in the following manner: 1. LODGING. Lodging costs in conjunction with a conference or other official activity may not exceed the maximum group rate published by the conference or activity sponsor, if lodging at the group rate is available at the time of booking. If not, the member shall be reimbursed for lodging at comparable rates, or rates established by the Internal Revenue Service. 2. .MEALS. Meals may be reimbursed at standard rates established by the Internal Revenue Service. 3.' TRAVEL. Members shall use government or group rates for travel, when available. If not available, members may be reimbursed according to the standard rates established by the Internal Revenue Service. 4. INCIDENTAL EXPENSES. Incidental expenses, including but not limited to tips and business telephone Calls may be reimbursed at the rates established in Internal Revenue Service PubliCation 463 and as amended from time to time. Any additional expenses that fall outside the scope of this policy may be reimbursed only if approved by the City Council, at a public meeting, before the expenses are incurred. B. EXPENSE REPORTS. The City shall require the submission of expense reports, on City forms, and receipts from members of City legislative bodies who request reimbursement for their expenses. Such reports are public records subject to disclosure. In addition, legislative members must provide brief reports on any outside meetings attended at the expense of the City at the next regular meeting of the legislative body. Reimbursement is conditioned on the submission of this report to the respective legislative body. C. ETHICS TRAINING. City Councilmembers and all members of City legislative bodies shall receive at least two hours of ethics training in general ethics principles and ethics laws relevant to his or her public service every two years. New members must receive this training within their first year of service on a legislative body. An individual who serves on multiple legislative bodies need only receive two hours of ethics training every two years to satisfy this requirement for all applicable public service positions. The City will be required to keep ethics training records for at least five years to document and prove that these continuing education requirements have been satisfied. The City may develop its own ethics training course or use an outside provider. If the City develops its own ethics training, the City must consult with the Fair Political Practices Commission and the State Attorney General. SECTION 3 EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by thefollowing vote: AYES: COUNCILMEMBER: CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER: ABSTAIN: COUNClLMEMBER: ABSENT: COUNCILMEMBER: CITY CLERK and Ex OffiCio Clerk of the Council of the City of Bakersfield APPROVED By HARVEY L. HALL Mayor APPROVEDasto~: VIRGINIA GENNARO CityA~orney By: VIRGINIA GENNARO CITY ATTORNEY S:\COU NCIL\Resos\05-06 Resos~Expenditures.htm PUBLIC STATEMENTS spEAKER'S CARD Legislative and Liti.qation Committee of the City Council Committee Meeting Date You are invited to address the Committee under Public Statements on any subject that is listed on the Committee Agenda. Public statements are limited to three (3) minutes per speaker. The Committee may, by simple majodty vote, waive the time limit. No action will be taken; this Committee gathers information and reports back to the City Council. Please fill out a Speaker's Card and present it to the Committee Chair: Councilmember Zack Scrivner Name: ~"~Z/,4J/~ ~"~ ~~..//. Company/ Subject: From: Amber Lawrence To: Jean Parks Date: 2/7/2006 1:14:48 PM Subject: Fwd: Parade route ordinance >>> Janice Scanlan 2/7/06 12:49 >>> The parade route ordinance has been revised and Capt. Taylor would like it on the Leg and Lit agenda if possible. I'll prepare a memo and bring the docs over later in the week if that's OK. Janice A. Report and Committee recommendation regarding Illegal Dumping--Forfeiture of Vehicles - Gennaro B. Discussion and Committee recommendation regarding RV Parking on City Streets - Gennaro/Taylor Taken off the August 29th agenda for now ADMINISTRATIVE REPORT ITEM: I ~., ~r~. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ///'~ DATE: January 3, 2006 CITY ATTORNEY ~/~ CITY MANAGER ~ SUBJECT: New Law re: Council Compensation RECOMMENDATION: Staff recommends referral to the Legislative and Litigation Committee. BACKGROUND: AB 1234 (Salinas) became effective January 1, 2006. This bill requires cities (including charter cities) which provide Councilmembers reimbursement for expenses, to adopt a written policy which sets forth the parameters under which such reimbursement may be received and what expenses qualify. In addition, the new law requires that Councilmembers who are eligible for reimbursement complete a two- hour ethics class by January 1, 2007. Staff recommends this matter be referred to the Legislative and Litigation Committee for review and analysis of sample resolutions and policies. This issue will ultimately return to City Council for adoption of a formal policy. VG:do S:\COUNC1L~Admins\05-06 Admins~AB 1234.doc January 3, 2006 - 9:53 AM LEGISLATIVE AND LITIGATION COI~iITTEE HANDOUT: JANUARY 5 · 2006 I~EETING Ad Hoc Committee on Reapportionment · Application similar to Planning Commission ~/~'~ · Must live in the City currently , e~/~_-~-f~_ _~ · Must have lived in the City for at least the last 10 years · Must be at least 18 years old · Applications approved by Majority vote of the City Council go into a hat · City Clerk picks 5 names at random out of the hat to serve on Committee · No communications with the City Council during committee activation · Stipend of $25 per meeting · Committee sunsets after reapportionment complete · Committee reactivates again when reapportionment needed again LEGISLATIVE AND LI?IGA?ION COMMITTEE HANDOUT: JANUARY 5, 2006 MEETING ~--~?~-~/-:* ME M O RANDU M ~~' CITY ATIORNEY January 4,2006 TO: LEGISLATIVE AND LITIGATION COMMITTEE ZACK SCRIVNER, CHAIR DAVID COUCH SUE BENHAM FROM: VIRGINIA GENNARO, CITY ATTOR ,~/?,~.~~ SUBJECT: COMMUNITY PROSECUTION PROGI~ UPDATE' Approximately three months ago, this Committee requested that the City Attorney's Office provide an update of the Community Prosecution Program. This memorandum provides a bdef background of the program, the results of the pilot program, and requests direction from the Committee. BACKGROUND As the Committee is aware, the six month pilot Community Prosecutor program began July 1, 2005. The primary goal of the program was to prosecute "quality of life" crimes within our community. The program was started in response to a recommendation from the Ad-hoc Committee on downtown security. The tremendous increase in the number of vandalism incidents throughout the city supported the concept even further and since that time, there has been a desire to strengthen our fireworks ordinance which would also call for increased prosecutorial enforcement. The City Attorney's Office utilized funds within its 05-06 FY budget to out-source the pilot program. Two outside firms were given six (6) month contracts to prosecute 24 hours per week at the Kern County Distdct Attorney's.Office. The District Attorney's Office provided the training, office space and support staff for the two attorneys. The contracts expired on December 31,2005. RESULTS Overall, the City Attorney's Office believes the program was very successful. Over a five-month period, there were 502 cases filed. Of those 502 cases, 306 were disposed of via plea bargain or trial. Attached for the Committee's review is a breakdown of the number of the crimes that were disposed of through this program and a brief description of the charge. Based upon these numbers, we calculate that there was an average of 100 cases filed per month and approximately 75 cases disposed of in the same time frame. At this rate, approximately 450 cases were resolved over the Legislative and Litigation Committee ' January 4, 2006 Page 2 · life of the outsourcing contracts. Based upon the number of cases disposed of in six months (450) and the cost of the two outsourcing contracts ($159,120.00), the cost per case computes to $354.00 per case. FUTURE In the short term, our office is negotiating a contract with one of the outside firms to allow the trial of up to three Penal Code section 148 (resisting arrest) cases which are all set for trial this month. In the future, the City Attomey's Office recommends that the Community Prosecution Program continue and become a permanent element of our office. Although our office does not have the necessary funds in our current budget to continue with the program in its current format, we can continue the program in house and at the same time, significantly reduce the cost per case. The goal is not to prosecute all of the misdemeanors cited by the Bakersfield Police Department; but rather, to focus on misdemeanor citations of the Bakersfield Municipal Code and quality of life crimes as designated by this Committee and approved by the City Council. A proposed sampling of crimes that can be handled by the Community Prosecution Program are highlighted on the attachment. JS:lsc Attachment S:\COUNCIL\MEMOS\05-06 Memos\com m unityprosecutor.doc CRIMES AGAINST PERSONS (NON-PEACE OFFICERS) CHARGE DESCRIPTION NUMBER OF CASES Penal Code: 242/243(b) Battery 14 243(e) Battery on a spouse or co-habitant 2 245(a)(1) Assault with a deadly weapon 3 273.5(a) Spousal abuse 2 273.6(a) Violation of domestic violence TRO 1 273A(b) Child abuse/child endangerment 2 417(a)(1 ) Brandishing a weapon 2 CRIMES AGAINST PERSONS (PEACE OFFICERS) Penal Code: 69 Resisting arrest with force 1 148(a)(1 ) Resisting 'arrest 64 241(b) Assault on a peace officer 1 243(b) Battery on a peace officer 4 243(c)(2) Battery on a peace officer with serious injury 1 245(c) Assault with a deadly weapon on a peace officer 1 CRIMES AGAINST PROPERTY Bakersfield Municipal Code: 9.34.110. Trespass 1 Penal Code: 370 Public nuisance ........ 1 372 Maintaining a nuisance 2 452(d) Causing a fire .1 587B Trespass on a train 1 591 Vandalism of telephone line 1 594.2(a) Possession of graffiti tools 1 594 Vandalism 27 602 Trespass 1 602.1(a) Interference with bUsiness establishment 1 602(m) Squatting 1 647(c) Begging 2 Vehicle Code: 10852 Vehicle tampering 1 DRUG OFFENSES Health and Safety Code sections: 11357(b) Possession of less than 1 oz. of marijuana 3 11364 Possession of drug paraphernalia 10 11532(a) Loitering for drug activity 1 11550(a) Under the influence of drugs 27 11550(a)-PCP Under the influence of PCP 1 Penal Code: 381 Under the influence of toluene 1 THEFT OFFENSES Penal Code: 460(b) Second degree burglary 14 466 Possession of burglary tools 1 470 Forgery 6 476 Passing bad checks 1 484~488 Petty Theft 38 496(a) Possession of stolen property 12 508 Embezzlement 1 647(h) Prowling 1 666 Prior conviction with charge 32 FALSE INFORMATION Penal Code: 148.5 Filing false report of crime 1 148.9 False representation of identity 21 530.5 Unauthorized use of personal information 2 DISORDERLY CONDUCT Bakersfield Municipal Code: 12.56.050(f) Motor vehicle in park 1 5.06.020 Adult entertainment 2 9.16.010 Drinking on street 2 9.70.010 Sleeping in public 3 Business and Professions Code: 25658(a) Furr~ishing alcohol to minor 1 Penal Code: 272 Contributing to the delinquency of a minor 4 4i 5 Disturbing the peace 13 647(f) Drunk in public ,134 Vehicle Code: 21201(d) Bicycling with no headlights 1 21956 Pedestrian in roadway 1 SEX CRIMES Penal Code: 314.1 Indecent exposure 2 647(a) Lewd act in public 2 647(b) Prostitution 7 647(i) Peeping 1 647.6 'Molesting/Annoying children 3 653.22(a) Loitering for prostitution 2 DRIVING AND LICENSE Vehicle Code: 12500(a) Driving without a valid license 2 14601.1 Driving on a suspending license 3 16028(a) No proof of insurance 1 23103(a) Reckless driving 1 23109(c) Speed contest 1 23152 Driving under the influence 3 27007 Loud music from vehicle 1 27151 Modification of exhaust 1 S:\COUNCIL\MEMOS\05-06 Memos\communitypmsecutor.doc LEGISLATIVE AND LITIGATION COMMITTEE HANDOUT: JANUARY 5, 2006 MEETING MEMORANDUM CITY ATTORNEY January 3, 2006 TO: LEGISLATIVE AND LITIGATION COMMITTEE ZACK SCRIVNER, Chair DAVID COUCH FROM: VIRGINIA GENNARO, CITY ATTORNE SUBJECT: VEHICLE STEREO NOISE ORDINANCES In response to the City Council referral, the City Attorney's office reviewed the following documents: 1. California Vehicle Code Section 27007 (Amplification System Outside a Vehicle); 2. City of Los Angeles Municipal Code Section 114.02 (Motor Driven Vehicles); 3'. City of Fresno Municipal Code Section 8-305 (Noise Regulations); and 4. City of Bakersfield Municipal Code Section 9.22.140 (Amplified Sound from Vehicles). Vehicle Code Section 27007, was enacted by the State of California in 1978 and amended in 1989. That section prohibits drivers of vehicles on any public highway from allowing any amplified sound to come from their vehicle which can be heard more than 50 feet away. 'A public highway is any street that is publicly maintained. Vehicle Code Section 21 prohibits cities and counties from enacting legislation which is already addressed in the Vehicle Code. In other words, the Vehicle Code would preempt any law enacted by a city or county on the same subject matter. Los Angeles Municipal Ordinance 114.02 does not limit its effect to amplified sounds, but refers to revving of engines, blowing horns and any other unreasonable sound coming from a vehicle. Such noises are prohibited within 150 feet of the source. Acknowledging the preemptive effect of Vehicle Code section 27007, however, the .Los Angeles ordinance does not apply to motor vehicles operating on any public highway, street or right-of-way. Fresno Municipal Ordinance 8-305 covers noise prohibitions in a much broader sense -it is not restricted to vehicles. The ordinance prohibits excessive noise coming from any location which disturbs any reasonable person of normal sensitivities. The ordinance does, however, c°ntair~ exceptions for certain construction work, emergency work and any act which is prohibited by CalifOrnia law. Bakersfield Municipal Ordinances cover all aspects of noise regulation. Section 9.22.140 acknowledges the preemptive effect of Vehicle Code Section 27007 and prohibits all other amplified stereo noise not covered by Section 27007 more than 50 feet from a vehicle. Bakersfield's ordinance is limited to radios, tape players, CD players, etc. and would only apply to vehicles which were on pdvate roads and other private property. However, Chapter 9.22 covers all sorts of noise generally, from construction noise to aircraft noise. Therefore, all aspects of noise are already addressed in the code. Copies of the pertinent ordinances are attached. VG/AMS:Isc Attachments S:~,ttomey\MEMOS\05-06\VehideStereoNoise.dr2 Cal. Veh. Code § 27007 (2005) § 27007. Amplification system outside vehicle No driver of a vehicle shall operate, or permit the operation of, any sound amplification system which can be heard outside the vehicle from 50 or. more feet when the vehicle is being operated upon a highway, unless that system is being operated to request assistance or warn of a hazardous situation. This section does not apply to authorized emergency vehicles or vehicles operated by gas, electric, communications, or water utilities. This section does not apply to the sound systems of vehicles used for advertising, or in parades, political or other special events, except that the use of sound systems on those vehicles may be prohibited by a local authority by ordinance or resolution. '9.22.140 Amplified sound from vehicles. Page 1 of 1 Bakersfield Hunicipal Code ^ Up << Previous >> Next * Hain ? Search # Print Title 9 PUBLIC PEACE. MORALS AND WELFARF iV. Offenses Against Public Peace Article [[. Amolified sound. 9.22.140 Amplified sound from vehicles. Except as otherxvise allowed under this chapter, no person shall use or operate or permit to be used or operated a radio, tape player, tape recorder, compact disc player, or any similar device in or attached to a vehicle whether moving, stopped or parked, occupied or unoccupied, which is audible to a person of normal hearing sensitivity more than fifty feet from such vehicle Or, as to any vehicle not located on a public street, so audible more than fifty feet from the propert?' line of the property on which such vehicle is located. This section shall not apply to acts proscribed by Vehicle Code Section 27007 after the effective date of such section, to any sound system being operated to request assistance or to warn of a hazardous situation, to any authorized emergency vehicle or vehicles operated by gas, electric, communications or water utilities. (Ord. 3924 § 3 (part),. 1999) http...,~ww.qcode.us, codes, bakerst~eld, v~ew.php.?topic=9_vv_9 22-~1-9 22 140 ! CITY OF LOS ANGELES MUNICIPAL CODE Sixth Edition CHAPTER XI NOISE REGULATION (Added by Ord. No. 144,331, Elf. 3/2/73.) SEC. ~. MOTOR DRIVEN VEHICLES. (Amended by Ord. No. 156,363, Eft. 3~29~82.) (a) It shall be unlawful for any person to unreasonably operate any motor driven vehicle upon any property within the City or to unreasonably accelerate the engine of any vehicle, or unreasonably sound, blow or operate the horn or other warning device of such vehicle in such manner: 1. As to disturb the peace, quiet and comfort of any neighborhood or of any reasonable person residing in such area 2. That such activity is audible to the human ear at a distance in excess of 150 feet from the property line of the noise source; 3. As to create any noise which would cause the noise level on the premises of any occupied residential property, or if a condominium, apartment house or duplex, within any adjoining unit, to exceed the ambient noise level by more than five (5) decibels. (b) This section shall not be applicable to any vehicle which is operated upon any public highwaY, street or right-of-way or to the operation of any off- highway vehicle to the extent it is regulated in the Vehicle Code. MUNICIPAL CODE AND CHARTER City of FRESNO, CALIFORNIA Codified through Ord. No. 2005-116, effective Nov. 4, 2005. (Supplement No. 3-05 (10-4-05)) CHAPTER 8 MORALS AND CONDUCT Art. 3. Noise Regulations. SECTION 8-305. EXCESSIVE NOISE PROHIBITED. No person shall make, cause, or suffer or permit to be made or caused upon any premises or upon any public street, alley, or place within the city, any sound or noise .which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing or working in the area, .unless such noise or sound is specifically authorized by or in accordance with this article. The provisions of this section shall apply to, but shall not be limited to, the control, use, and operation of the following noise so urces: (a) Radios, musical instruments, phonographs, television sets, or other machines or devices used for the amplification, production, or reproduction of sound or the human voice. (b) Animals or fowl creating, generating, or emitting any cry or behavioral sound. (c) Machinery or equipment, such as fans, pumps, air conditioning units, engines, turbines, compressors, generators, motors or similar devices, equipment, or apparatus. (d) Construction equipment or work, including the operation, use or employment of pile drivers, hammers, saws, drills, derricks, hoists, or similar construction equipment or tools. This subsection shall not apply to construction equipment or work within the area bounded by the Union Pacific tracks, from Ventura to Tulare; Tulare Street, from Union Pacific tracks to Fulton Mall; Fulton Mall/Street, from Tulare to Ventura; and Ventura Street, from Fulton Street to Union Pacific tracks. This exception shall be come null and void on June 1, 2003. (Orig. Ord. 1076; Rep. and Added Ord. 72-163, 1972; Am. Ord. 2001-41, § 1, 5-20-01). SECTION 8-309. EXCEPTIONS. The provisions of this article shall not apply to: .. (a) Construction, repair or remodeling work accomplished pursuant to a building, electrical, plumbing, mechanical, or other construction permit issued by the city or other governmental agency, or to site preparation and grading, provided such work takes place between the hours of 7:00 a.m. and 10:00 p.m. on any day except Sunday. (b) Emergency work. (c) Any act or acts which are prohibited by any law of the State of California or the United States. (Added Ord. 72-163, 1972; Am. Ord. 80-171, § 74, eft. 12-26-80). PUBLIC STATEMENTS SPEAKER'S CARD Leqislative and Litiqation Committee of the City Council Committee Meeting Date .J - .~- ~ ~_~ You are invited to address the Committee under Public Statements on any subject that is listed on the Committee Agenda. Public statements are limited to three (3) minutes per speaker. The Committee may, by simple majodty vote, waive the time limit. No action will be taken; this Committee gathers information and reports back to the City Council. Please fill out a Speaker's Card and present it to the Committee Chair: Councilmember Zack Scrivner Company/ ....... Organization: CJ Address: Phone: ~- ~ ~ Fa~e-mail:, Subject: ~1~ ~ ~ ~ ~ ~ ~,, ( ~ /