HomeMy WebLinkAbout11/17/2003 B A K E R S F I E L D
Alan Tandy, City Manager Sue Benham, Chair
Staff: Trudy Slater David Couch
Jacquie Sullivan
AGENDA SUMMARY REPORT
LEGISLATIVE AND LITIGATION COMMI'n'EE
Regular Meeting
Monday, November 17, 2003
1:00 p.m.
City Manager's Conference Room
1. ROLL CALL
Called to order at 1:05 p.m.
Members present: Councilmember Sue Benham, Chair
Councilmember David Couch
Councilmember Jacquie Sullivan
2. ADOPT OCTOBER 20, 2003 AGENDA SUMMARY REPORT
Adopted as submitted.
3. PUBLIC STATEMENTS
None.
4. DEFERRED BUSINESS
None.
5. NEW BUSINESS
A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO
UNDERAGE DRINKING "KEG PARTIES"
City Attorney Ginny Gennaro identified that generally one incident of a keg party is not
considered to be at the level of a nuisance. If drugs are involved, the City Attorney's
Office can be involved. It has not been the City's practice to go after the host of such
parties.
Agenda Summary Report
Legislative and Litigation Committee
November 17, 2003
Page 2
Police Captain Bryan Lynn explained the Municipal Code allows the City to use cost
recovery practice on DUI's and traffic accidents involving DUI's. It allows for cost
recovery on the second police response to loud parties but it has never been utilized.
Captain Lynn indicated that most hosts for these parties were not parents but someone
else, an older friend or sibling, generally between the age of 18 and 21.
Mr. William Solko indicated his biggest issue was concern over the kids, who were sent
to their cars and sent on their way. He was concerned for their safety while driving
under the influence of alcohol. He also mentioned this was a liability issue for the City.
He wondered how things could be done differently and suggested grant funding which
he had found. He also suggested using a bus or holding facility where the kids could be
held for their parents to pick them up.
City Attorney Gennaro indicated that if a Police Officer knows a person is underage and
drinking and sends them to the car, then there is a liability issue. Captain Lynn indicated
there are protocols which are followed on incident responses, including attempts to
mediate, admonish and warn as first steps. Captain Lynn indicated that most calls are
for a "come on over/bring your own" parties rather than "keg" parties. The "Life
Interrupted" program is one proactive prevention program they use to discourage
underage drinking.
Committee Chair Benham indicated she would like staff to explore grant possibilities to
bring in more resources. She is more interested in the kids rather than the host. She
asked staff to "flesh out" issues connected with sobriety check points and probable
cause.
Committee Member David Couch suggested looking at the cost recovery issues. The
City Attorney was asked to see if there was a line item in the cost recovery system or if
the City's ordinance would need to be changed. Staff was directed to bring the issue
back at the next meeting.
6. COMMITFEE COMMENTS
None,
7. ADJOURNMENT
The meeting adjourned at 1:40 p.m.
Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater; City Attorney
Ginny Gennaro; Police Captain Bryan Lynn.
Other Attendees: William Solko; television photographer