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HomeMy WebLinkAbout01/05/2006 B AK E RS FI EL D Zack SCrivner, .Chair Sue Benham David Couch Staff: Alan Christensen SPECIAL MEETING NOTICE LEGISLATIVE AND LITIGATION COMMI'I-rEE of the City Council - City of Bakersfield Thursday, January 5, 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 OCTOBER 17, 2005 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Staff update on Community Prosecutor Program - Gennaro 5. NEW BUSINESS A. Review and Committee recommendation on reapportionment procedures - Christensen B. Discussion and Committee recommendation on Noise Ordinance - Gennaro .C. Discussion and Committee recommend,~tion on 2006 Committee meeting schedule 6. COMMITTEE COMMENTS 7. ADJOURNMENT S:~AC\06 Legislative&Litigation\LL 06 jan 05 agenda.doc B A K E R S F I E L D DRAFT Staff: ' - Alan Chrmtensen Sue Benham For: Alan Tandy, City Manager David Couch AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMI'I'FEE MEETING Monday, October 17, 2005 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 1:00 p.m. Present: Councilmembers Zack Scrivner, Chair; and David Couch Absent: Councilmember Sue Benham 2. ADOPT SEPTEMBER 7, 2005 AGENDA SUMMARY REPORT Adopted as submitted. (Councilmember Benham absent) 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Review and Committee recommendation on City Annexation Policy City Clerk McCarthy provided an overview of the proposed changes to the Annexation Policy. The changes reflected input from the public and 'changes requested by Committee Members at the August 29th Committee meeting. Barbara Fowler spoke and requested additional changes. In order to facilitate the Committee's review of the City's Annexation Policy, Committee Chair Scrivner requested Alan Christensen and staff meet with Barbara Fowler to go over the changes she is recommending. Once staff has met with Ms. Fowler, he requested staff to come back to the Committee with a staff recommendation on the requested changes. Committee Member Couch requested Becky Kaiser and Barbara Fields also be invited to the meeting. DRAFT AGENDA SUMMARY REPORT Monday,-October 17, 2005 Page 2 5. NEW BUSINESS A. Report and Committee recommendation on specific parade routes Police Lt. Borton had written a memorandum, which was included in the Committee packet, with recommendations to amend the ordinance to establish permanent parade routes in the downtown. Police staff recommended one main parade mute, which is currently used for the Christmas Parade, Black History Parade, Cinco de Mayo and the Veterans Parade. This mute is established, easily staffed and has excellent spectator access. Two alternative routes in the downtown ama were also suggested. This change would only affect organized parades and does not pertain to activities such as the car show. Police Captain Taylor explained the Police Department has been dealing with complaints from residents when parades are held in residential areas. The streets are blocked off and there is no access for residents to get in or out of their homes.' Recently, there were three separate requests for parade permits off White Lane, Planz and South H area. These multiple requests cause a large number of road closures and a substantial amount of enforcement time to facilitate the closures. Something was worked out with two of the applicants, but a permanent solution is needed. Committee Chair Scrivner recommended that Police staff work with the City Attorney to draft an ordinance, which includes alternate routes, and bring it back to the Committee for review. He requested the effective date of the ordinance be after the first of the year, so it would not change any parades currently in the planning stage. Committee Member Couch was in agreement with the recommendation. Committee Member Benham absent. B. Discussion and Committee recommendation on formation of a Fireworks Task Force Committee Chair Scrivner thanked County staff for attending. The idea to form a Fireworks Task Force came from the Joint City/County meeting in September. Fire Chief Fraze explained County and City Fire staffs have met to discuss how a task force could work on some of the solutions needed to ensure uniform enforcement and safety of residents. Last year the City amended its Fireworks Ordinance in an effort to control illegal fireworks. Sales and use of Piccalo Pete and Ground Flower type fireworks were ban in the City, the fireworks booths handed out educational materials and enforcement was increased. Piccalo Pete DRAFT AGENDA SUMMARY REPORT Monday, October 17, 2005 Page 3 and Ground Flower type fireworks were sold in County islands and used in the City making enforcement difficult. Modified fireworks were confiscated, several citations were issued, and there was one arrest for assaulting a firefighter.' There were suggestions for a $100 fee from the fireworks booths With a matching $100 from the fireworks suppliers to fund the task force. County Fire Chief Thompson spoke about the differences between the City and County's ordinances. The City has administrative penalties, the authority to write citations or has the option for arrest and criminal prosecution and Chief Thompson indicated he would like the County to have a similar process to generate funds for enforcement. City Attorney Gennaro suggested the first order of business would be for the Committee to nominate members to the task force. The County would also nominate their members. Issues of interest would be referred to the task force by both County and City. Committee Chair Scrivner suggested Fire Chief Fraze, Police Chief Rector, (or their designees) City Attorney Gennaro, and City Treasurer Perkins for the City's nominees to the Fireworks Task Force. The Committee along with input from County and City Fire Chiefs requested the following issues be referred to the task force: · Alignment of City and County ordinances, including administrative authority so County and City could write the same citations · Safety education--video for school children · Restrictions on the time frame and days for fireworks sales · The days fire works can be used (currently it is 365 days of the year) · Funding the task force (booth operators and suppliers) · Funding the increased police and fire enforcement (fines and fees) · Length of time for task force to meet completion of work or ongoing · Cooperative effort of City and County in the metro area regarding ban of Piccalo Pete and Ground Flower type fireworks, which can be used to make illegal fireworks · Severe penalties for sale or use of illegal fireworks (arrest and prosecution) Jim Wilson, TNT Fireworks, spoke and requested their industry be represented on the task force, as they will be financing part of this effort. Committee Chair Scrivner explained initially City and County staffs need to work out the logistics, and then definitely fireworks vendors should be included in discussions. · DRAFT AGENDA SUMMARY REPORT Monday, October 17, 2005 Page 4 Scott Allen, Phantom Fireworks, spoke and expressed the fines should not be so high that people cannot pay and it goes into the court collection process. The Committee discussed the task force should work toward getting their recommendations concluded, so the issue could go back on the agenda for the Joint City/County meeting in February. Permits for fireworks booths are issued in March. The Committee unanimously agreed on the formation of a Fireworks Task Force and nominated Fire Chief Fraze, Police Chief Rector, (or their designees) City Attorney Gennaro, and City Treasurer Perkins to the Fireworks Task Force. (Committee Member Benham absent) Committee Chair Scrivner stated he had a discussion with Supervisor Watson at the Joint meeting regarding an administrative panel for the metro area to handle code enforcement, fireworks, public intoxication and graffiti. He requested City Attorney Gennaro to call Supervisor Watson and then have a discussion with County Counsel Barmann to see if an administrative panel could be used to speed up the process. 6. COMMI'I-rEE COMMENTS 7. ADJOURNMENT The meeting was adjourned at 2:15 p.m. Staff: City Manager Alan Tandy; City Attorney Ginny Gennaro; Assistant City Manager Alan Christensen; City Clerk Pam McCarthy; Assistant City Clerk Roberta Gafford; City Treasurer Cheryl Perkins; Police Captain Tim Taylor; Police Lieutenant Jay C. Borton; Fire Chief Ron Fraze; Deputy Fire Chief Kirk Blair; Deputy Fire Chief Dean Clason; and Director of Fire Prevention Services Ralph Huey County staff: Kern County Fire Chief Dennis Thompson; Patricia Randolph, County Counsel Office; and Kirk Foster, Sheriff's Department Others present: Barbara Fowler; Barbara Fields; Becky Kaiser; Roger W. Jobe, Phantom Fireworks; Scott Allen, Phantom Fireworks; and Jim Wilson, TNT Fireworks. cc: Honorable Mayor and City Council S:~AC~05 _Leglslatlve&lJtlgatlon~]105 oct 17 summary, doc B A K E R S F I E L D MEMORANDUM December 30, 2005 TO: Alan Tandy, City Manager FROM: Alan Christensen, Assistant City Manager//~ SUBJECT: Proposal for Ward Boundary Change Decisions Currently, ward boundaries are adjusted when populations in any given ward exceed a given percentage. Once that determination is made, staff develops a number of alternatives for the City Council to review to get the process started. Based upon comments from the City · Council, different versions of the proposed ward boundary map are prepared for their review. The item is then placed on the City Council agenda for discussion and/or action. Traditionally, a consensus has been arrived at and the final map is voted on by the Council. It has been suggested that process be changed to remove the City Council from approving ward boundary changes. The City of Bakersfield Charter requires that the City Council shall, by ordinance, alter ward boundaries. However, the City Council may delegate to a separate body or committee power to make recommendations to the Council with regard to ward boundaries, but ultimately the City Council makes the final decision. Article II of the City Charter addressing this issue is attached. If the policy direction of the City Council is to delegate ward boundary decisions, then staff feels that the decision should be left to a local decision-making body that understands Bakersfield's population, demographics, traditional neighborhoods, and other historical factors that would be critical to drawing boundary lines. Without any precedent for such a process, staff will make its best efforts at a proposal. A small committee of 3 but no more than 5 people appointed by the Council could be employed to analyze and consider possible changes to ward boundaries. The committee would have the resources of city staff available to them, providing maps, population figures, census tracts, and demographic data. Their role would be to make recommendations to the Council. Such a proposal, except for the final vote, would remove the City Council from the details of boundary changes. No longer would the City Council decide which specific areas or neighborhoods would be shifted to balance the wards properly. On the other hand, it could be argued that even with a committee deciding particular boundary lines, the City Council would still be accountable for the decision it voted on. This report is not intended to be comprehensive, but rather a starting place for discussion. Staff stands ready to assist the Committee if further research is necessary. CHARTER THE CHARTER OF THE CITY OF BP. KE. RSFIELD ARTICLE m. ~,~ ARTICLE L Legislative Department ion Name of Boundaries Rights and Liabilities Section 12. The City may use a corporate seal; may .n a Name of City sue and be sued; may acquire property in fee simple or ~ at Section 1. The inhabitants of the City of Baka~ie, ld, lessor inuxest, by esta~, purchase, gift, appropmfion, 5ed as its limits now are, or may hereafter be establizhed, devise, lease, lease with privilege to purchase, for any sl~]! be a body politic and corporate, by name the City muaidpal purpose; may sell, lease, hold, m~uage and of Bakersfield, and as such shall have perpetual succes- control such property; may rn~i~e any and all rules and the sion. regnl~fions, to carry out all covenants or conditions of und any conveyance, deed, gift, bequest or lease;may acquit, ~ors Boundaries of City of Bakersfield construct, own, lease, operate and regulate public utilities, fled Section 2. The boundaries of the City of Bakersfield may engage in the manufacture, sale or distribution of Shall be established fronl time to time by ordinance, any commodity generally used by the inhabitants of the (Amended March 3, 1981) City of Bakersfield; m~y assess, levy and collect taxes and and provide penaities for non-payment thereof, for gener- ARTICLE II. al and special purposes, on all subjects or objects which the City may hwfiflly tax; may enforce the lien of taxes Political Subdivisions and penalties 'against property, for taxes assessed and levied thereon, by sale thereof; may borrow money on the Ward Divisions faith and credit of the City, by sale of bonds or notes of Section 3. The City of Bakersfield shnl! be divided the City; may appropriate the money of the City for all into seven political subdivisions which shall be known as lawful purposes; may create, provide for, construct, wards and shall be established by ordinance and altered reg?~l~t~- and maintain all things of the nature of public from time to time to reflect as nearly as possible .equal works and improvements, hospitals, parks, playgrounds population. (Amended March 3, 1981) or other phces of amusement or entertainment, may for purposes of regulation and revenue, license all persons, (Sections 4 thru 10 were repealed on March 3, 1981)~ corporations and associations engaged in any business, occupations and associations engaged in any business, Voting Precincts occupation, profession or trade; may establish and m~in- Section 11. The Council.sh~ll establish voting pre- rain a free municipal employment office; may define, cincts under the provision 0f state law, but each shall be prohibit, abate, suppress and prevent all things detrimeo- wholly in one ward, nor .~h~!! the boundaries of a precincthal to the health, morah, comfoxl, safety, convenience and be changed within twenty days before election. (Amended welfare of the inhabitants of the City, and may abate all Alxil 19, 1935) nuisances and causes thereof; may regulate the comlruc- tion, height and material used in all buildings, and the Altering Ward BOundaries ' ~'~ m~intellance and occupancy thereof; lllay regtllate alld Section 11.1 In addition to the methods pwvided by/ control the use of the streets and other poblic places;may State law for alteration of City wards upon annexation of \ create, establish, aboli.e.h and organize offices other than territory to the City or otherwise, the Council shall, by \ those herein provided, and except as herein provided, fix ordinance, from time to time alter the boundaries of the the salaries and compensations and hou~ of labor of ail respective wards in order that e-~ch ward shall contain, as officers and employees; may make and enforce local the htest Federal decennial census. The Council may, by ordinances as may be expedient for maintaining and ordinance, from time .to time alter the boundaries of the promoting the peace, good government and welfare of the respective wards in order that each ward shall contain, as City; the City shall have the power to make and enforce nearly as possible, equal pop,clarion therein, based upon all laws and regulations in respect to municipal affairs; the Federal mid-decade census. (Amended March 3, subject only to the restrictions and limitations provided in this ch.~rter; provided, however, thai nothing herein 1981). . j .~h~l! be construed to prevent or restrict the City from C-1 C~=,fi-'d ~-00) D~FT - LEGISLATIVE AND LITiGATiON COMMITTEE 2006 MEETING SCHEDULE CiTY COUNCIL ~ BEGINS @ 5:15 PM @ CITY COUNCIL BUDGET PRESENTATIONS CONTINUED AT 6:30 PM Monday% @ Noon, Wednesday's ~ 5: ~ 5pm Hear~ on 6/7~ AdOphR}n on Ho~daYs ~ C~Jy HaJJ C~osed Jo~t C~[y/Cou~y JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER DRAFT Ja~uary a~