HomeMy WebLinkAbout10/18/2004 B A K E R S F I E L D
Alan T ager Sue Benham, Chair
Staff: Trudy Slate'? David Couch
Jacquie Sullivan
AGENDA SUMMARY REPORT
LEGISLATIVE AND LITIGATION COMMITTEE
Regular Meeting
Monday, October 18, 2004
1:00 p.m.
City Manager's Conference Room
1. ROLL CALL
Called to order at 1:03 p.m.
Members present: Councilmember Sue Benham, Chair
Councilmember Jacquie Sullivan
Member absent: Councilmember David Couch
2. ADOPT SEPTEMBER 20, 2004 AGENDA SUMMARY REPORT
Adopted as submitted.
3. PUBLIC STATEMENTS
None.
4. DEFERRED BUSINESS
A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS ON DOWNTOWN
WEEKEND SAFETY ISSUES--REPORT OF THE AD HOC DOWNTOWN TASK FORCE
Chairperson Sue Benham explained the background behind the report of the task force reported in
her memorandum to the Committee of October 7, indicating the Committee had met monthly and
participants included representatives from the Downtown Business Association, the Alcoholic
Beverage Control unit, the District Attorney's Office, the Chief of Police and his staff, the City
Attorney and herself. Administrative changes have already been made that have improved the
situation and the task force recommends the Legislative and Litigation Committee forward to
Council for adoption the following recommendations.
1) That the cabaret sections of the Bakersfield Municipal Code be amended to require annual
permits and the imposition of conditions at the renewal period.
Agenda Summary Report
Legislative and Litigation Committee
October 18, 2004
Page 2
2) That in the interests of community safety, there be a greater awareness amongst City staff when
evaluating the PC&N and liquor license application process so that significant consideration be
given to Department of Justice Part I Crime statistics and police calls for service.
3) That the Bakersfield Police Department and necessary City staff continue to meet with
downtown bar owners and the Downtown Business Association to meet their needs of
appropriate Police presence.
4) That City Council work with the City Attorney to develop and approve a community prosecution
program in which the City Attorney's Office will partner with the District Attorney's Office to
insure that those who commit misdemeanor crimes that threaten our community's "quality of life"
are held accountable for their actions.
5) That the Bakersfield Police Department pursue an agreement with the County/Western
Corrections Diversion Program in an effort to divert certain misdemeanor arrests to community
services projects and to insure that there is a form of restitution for those who commit "quality of
life" misdemeanor offenses.
After further Committee discussion, the Committee directed staff to forward the recommendations to
Council for adoption.
B. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO CHANGES IN
THE CITY'S FIREWORKS LOTTERY PROCEDURES/ORDINANCE
Finance Director Greg Klimko indicated in his memo he had tried to structure basic
recommendations and options, although the memo did not include all. He explained that the
numbers he provided on costs were estimates and were not a complete cost recovery analysis.
Discussion on eliminating grandfathered permits elicited a response from City Attorney Ginny
Gennaro who stated that amortizing the elimination of the grandfathered permits over time, rather
than immediately, would be better and that she would recommend that both for-profits and non-
profits be treated equally.
Chairperson Benham asked for public comments which included Mr. Austin's desire for the
grandfathered permits to remain, or at least sunset over time, Ms. Barricklow's comments on
communities which have added fireworks (handouts provided), Mr. Brimmer's desire for
grandfathered permitees to have a roundtable discussion to come up with solutions, and Ms.
Nelson's comments on the contributions to the community the Sports Divers have made over time.
After further Committee discussion, Chairperson Benham recommended changing the ordinance as
follows: for 2005, eliminate duplicate applications, eliminate automatic allowance for County
permits annexed into the City, add service to the community as a condition for applicant approval,
add to the Fire Code administrative procedures for administrative enforcement, ban Piccolo Pete
and ground flower type fireworks, require educational fire safety information authorized by the Fire
Department with the cost borne by the permit holder, initiate a two-year fireworks permit cycle; for
2007, eliminate all grandfathered permits. Committee Member~ullivaJ3~eed.~ the motion
passed to forward the recommendations to the Council. ,,~; ~ ~ .
Agenda Summary Report
Legislative and Litigation Committee
October 18, 2004
Page 3
Chairperson Benham clarified that issues of coordinating with the County should be brought back to
the Committee after the first of the year. Identification of staffing costs for 2005 should be sent to
Budget and Finance and should be included in the recommendations to Council.
5.. COMMITTEE COMMENTS
Chairperson Benham announced the next meeting of the Legislative and Litigation Committee
would be Wednesday, November 10, 2004 instead of the formerly scheduled date of Monday,
November 15, 2004.
6. ADJOURNMENT
The meeting adjourned at 2:00 p.m.
Staff Attendees: Assistant City Manager Alan Christensen, Administrative Analyst Trudy Slater; City
Attorney Virginia Gennaro; Finance Director Greg Klimko, Assistant Finance Director Nelson Smith,
Acting City Treasurer Cheryl Perkins; Fire Chief Ron Fraze, Deputy Fire Chief Kirk Blair; Police Chief
Bill Rector, Police Captain Tim Taylor; City Clerk Pamela McCarthy
Others Present: Cheryl Nelson, Bill Brimmer, Roger W. Jobe, DeeAnn Barricklow, Joseph A. Austin,
Emily Thiroux, Brett Musselman, Fred Prince