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HomeMy WebLinkAbout03/14/2006 B A K E R S F I E L D Zack Scrivner, Chair Sue Benham David Couch Staff: Alan Christensen MEETING NOTICE LEGISLATIVE AND LITIGATION COMMITTEE of the City Council - City of Bakersfield Tuesday, March 14, 2006 1:00 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue, Bakersfield, CA AGENDA 1. ROLL CALL 2. ADOPT FEBRUARY 14, 2006 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Discussion and Committee recommendation on redirecting work previously performed in the Intergovernmental Relations Committee - Christensen B. Report and Committee recommendation on proposed ordinance regarding specific parade routes - Gennaro 5. NEW BUSINESS A. Discussion and Committee recommendation on safety issues associated with roadside memorials - Christensen 6. COMMITTEE COMMENTS 7. ADJOURNMENT _ Zack Scrivner, Chair Staff: Alan'Christensen Sue Benham For: Alan Tandy, City Manager David Couch AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMI'I-rEE MEETING Tuesday, February 14, 2006 1:00 p.m. City Manager's Conference Room, Suite 201 Second Floor - City Hall, 1501 Truxtun Avenue, Bakersfield, CA 1. ROLL CALL Called to Order at 1:05 p.m. Present: Councilmembers Zack Scrivner, Chair; Sue Benham; and David Couch 2. ADOPT JANUARY 5, 2006 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Discussion and Committee recommendation on proposed amendments to the fireworks ordinance and related fees City Attorney Gennaro provided an overview of the memorandum and draft ordinances in the Committee packet regarding Chapter 8.44, which is the Municipal Code section on Fireworks and Chapter 15.64 regarding the City's ordinance on enforcement under the Uniform Fire Code. On October 17, 2005, the Legislative and Litigation approved the formation of an Ad Hoc Fireworks Task Force. The Fireworks Task Force headed by Councilmember Scrivner and Supervisor Watson has met several times and the Task Force's suggestions are incorporated into the ordinances. In general, the changes deal with efforts to make the ordinances consistent with the County's, regulate the days and hours that fireworks can be sold, and the days and hours that fireworks can be used by the public. The amount of LEGISLATIVE AND LITIGATION COMMITTEE Page 2 AGENDA SUMMARY REPORT Tuesday, February 14, 2006 enforcement and public education are proposed to be increased and the cost of these increased efforts to be added to the fireworks permit fees. The fines in the Municipal Code for violations of the Fireworks Ordinance are proposed to be increased from $500 to the maximum State allowed fine of $1,000; with an option to be added to include administrative enforcement fines up to $1,500. Subsequent to the meetings with the Fireworks Task Force, City staff met with the County and in order to be consistent made minor changes to the hours of use of "safe and sane" fireworks. Days and hours "safe and sane" fireworks may be sold: 1. On July 1 between the hours of 12:00 noon to 10:00 p.m. 2. On July 2 and July 3 between the hours of 9:00 a.m. to 10:00 p.m. 3. On July 4 between the hours of 9:00 a.m. to 12:01 a.m. of the next day. Except for licensed pyrotechnicians, "safe and sane" fireworks may be used: 1. On July 1 between the hours of 12:00 noon to 12:01 a.m. of the next day. 2. On July 2 and July 3 between the hours of 9:00 a.m. to 12:01 a.m. of the next day. 3.On July 4 between the hours of 9:00 a.m. to 12:30 a.m. of the next day. 4. On December 31, between the hours of 12:00 noon to 12:30 a.m. of the next day. Fire Chief Fraze expressed that the above dates and times are a good workable compromise. City Attorney Gennaro suggested the Committee forward one version of the ordinances relating to Chapters 8.44 and 15.64 to the Council for first reading on February 22nd and second reading on March 8th. The ordinances will go into effect 30 days after adoption. The fees could also be adopted on March 8th and be in place for the upcoming fireworks season. Also, Councilmember Scrivner and Supervisor Watson have requested fireworks regulations be put on the agenda for a staff presentation at the Joint City/County meeting on February 27th. Committee Chair Scrivner opened up the floor for public comments. Committee Member Benham made a motion to approve the amendments to the ordinances as recommended by the Task Force with the changes worked out with the County. The Committee unanimously approved the motion. Staff will forward the administrative report and ordinances to the Council. 5. NEW BUSINESS A. Discussion and Committee recommendation on elimination of the City · Council Intergovernmental Relations Committee At the January 25, 2006, City Council meeting, the Council voted to make the Ad Hoc Committee on Crime, Gang Violence and Community Relations a standing LEGISLATIVE AND LITIGATION COMMITTEE Page 3 AGENDA SUMMARY REPORT Tuesday, February 14, 2006 Council committee and to change the name to Safe Neighborhoods and Community Relations Committee. The Safe Neighborhoods and Community Relations Committee has the same membership as the Intergovernmental Relations Committee, as Chair of both committees, Councilmember Carson requested the Legislation and Litigation Committee to review the need for the Intergovernmental Relations Committee. The main function of the Intergovernmental Relations Committee was to prioritize agenda items for the Joint City/County meetings, which occur twice a year. After discussion, Committee Member Benham made a motion to recommend elimination of the Intergovernmental Relations Committee and made a referral to staff regarding how the work previously performed by the Intergovernmental Relations Committee should be handled. The Committee unanimously approved the motion. B. Discussion and Committee recommendation on new law (AB 1234) requirements regarding City Council Compensation City Attorney Gennaro gave an overview of the memorandum in the packet. The State Legislature passed a new law, AB 1234, which became effective January 1,2006, and requires cities that provide reimbursement for expenses to adopt a formal written policy. The policy is required to specify the types of occurrences that would qualify Councilmembers to receive reimbursement for meals, travel and lodging. As a subcomponent, the policy needs to outline the specific rates for reimbursement. Another subcomponent is a requirement that Councilmembers are to complete expense reports and these expense reports are subject to public record disclosure. If reimbursement is received by a Councilmember for attending a meeting, that Councilmember is required to give a brief report at the subsequent Council meeting. In addition, the new law requires Councilmembers who receive reimbursement to complete a two-hour ethics class once every two years. This training must be completed before January 1, 2007; however, this does not apply to Councilmembers whose terms expire before January 1,2007. The ethics class is to be developed by the Attorney General's Office in conjunction with the Fair Political Practices Commission (FPPC). The City Attorney and City Clerk will be watching for information, but as yet there is not any approved class. The League of California Cities is planning to include the class as part of their annual conferences. City Attorney Gennaro provided a sample resolution and recommended that the Committee forward a resolution to the Council, as AB 1234 became effective on January 1st. The resolution could be referred back to this Committee to be amended or supplemented to further define reimbursable expenses and other policy issues. LEGISLATIVE AND LITIGATION COMMITTEE Page 4 AGENDA SUMMARY REPORT Tuesday, February 14, 2006 D~AF~ Committee Member Benham made a motion to recommend that the City Attorney forward a resolution to adopt a policy regarding Councilmember reimbursement for expenses with a request for referral back to the Committee for further review. The Committee unanimously approved the motion. 6. COMMITTEE COMMENTS 7. ADJOURNMENT The meeting was adjourned at 2:08 p.m. Staff: City Manager Alan Tandy; City Attorney Ginny Gennaro; Assistant City Manager Alan Christensen; Assistant City Manager John Stinson; Fire Chief Ron Fraze; City Clerk Pam McCarthy; City Treasurer Cheryl Perkins; and Fire Captain Steve Hollon Others present: James Burger and Dianne Hardisty, The Bakersfield Califomian; Ryne Conder and Scott Allen, Phantom Fireworks; Louis Kerker, Kern County Shrine Club; Michael Spitzer, Valley Baptist Church; John Singleterry; Jim Wilson, TNT Fireworks; Dennis Revell, Revell Communications; Joel L. Janes, CCL Elk Lodge cc: Honorable Mayor and City Council S:~,C\06 Legislative&Litigation\LL 06 feb 14 summary.doc MEMORANDUM CITY ATTORNEY February 13, 2006 TO: LEGISLATIVE AND LITIGATION COMMITTEE ZACK SCRIVNER, CHAIR DAVID COUCH SUE BENHAM .OM: C TY ATTO..E i ' O SUBJECT: REVISED PARADE ROUTE ORDINANCE This matter was referred to committee for action. The purpose of the referral was to designate regular parade reutes which can be used for all parades in the city, thus, avoiding the problem of attempting to close a variety of city streets at all different times of the year. Attached is the proposed amendment to the ordinance will sets forth four set parade reutes which aro the only routes which can be used. S:\COU NCIL~VIEMOS\05-06 Memos~paraderouteordinance.doc ORDINANCE NO. ORDINANCE AMENDING SECTION 10.76.030 OF THE BAKERSFIELD MUNICIPAL CODE 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 *,,,,-, ......... ---,,,-,,~'~"'"',u 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. 'r~,, ,,,., ..... ,,,,,,,.,,*'"' Applicant's.. selection of one of four 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; __. the Truxtun Avenue corridor; and d..=.~ the East California Avenue 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. D-~.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. E--~.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 be 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. 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: COUNCILMEMBERCARSON, BENHAM, MAGGARD, 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 APPROVED as TO FORM: VIRGINIA GENNARO City Attorney By: JANICE SCANLAN Assistant City Attomey S:\COUNClL\Ords\05-06 Ords\10.76.030rl.doc B A K E R S 'F I E L D Department of Recreation and Parks Date: March 10, 2006 To: Alan Tandy, City Manager ~nne~ From: Dia oover, Director of Recreation & Parks Subject: Roadside Memorials Sometimes when accidents occur, the public in their grieving process, erect memorials along the side of the road which may include items such as crosses, mementos, plant material and flowers. When staff encounters such items they will leave them up for a limited period of time out of respect. However, when it becomes a hazard or interferes with their duties to maintain the area they are inclined to remove the makeshift memorial. If information is available on who to contact in regards to the memorial, staff will attempt to call the party and agree to hold the items until they can be retrieved by the family. If no contact is available, the items are discarded. Our main concern is to maintain the streetscapes, parks and right of ways in a safe and efficient manner for the public.