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HomeMy WebLinkAbout09/20/2004 B A K E R S F I E L D ~a~-~-~'~ Alan Tger Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMI'I-rEE Regular Meeting Monday, September 20, 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 David Couch Councilmember Jacquie Sullivan 2. ADOPT AUGUST 23, 2004 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None. 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO CHANGES IN THE CITY'S FIREWORKS LOTTERY PROCEDURES/ORDINANCE Finance Director Greg Klimko presented an overview of recommendations included within his August 30, 2004 memorandum on fireworks. These .included the possible elimination of grandfathered permits; limiting the number of total permits allowed in the City or changing the ratio of permits to City population; requiring all permit holders to be non-profits (with a clear definition of what a non-profit is); limiting applicants to one per organization; considering increasing the required membership of the organization to 50 or some larger number; and identifying actual cost recovery for applications, inspection and enforcement. Additionally, consideration could be given to distribution of educational materials with fireworks purchases and the level of fireworks enforcement needed. Mr. Klimko recommends that the City do a full recovery of costs. City Manager Alan Tandy also mentioned the memo included the possibility of requiring organizations to provide direct and regular community services to the citizens of Bakersfield. Agenda Summary Report Legislative and Litigation Committee September 20, 2004 Page 2 Further discussions included: decreases in the numbers of permits over time; definitions of/for non- profits; dependence of non-profits on fireworks sales as fundraisers; application fees paid for every application regardless of whether an applicant is picked in the drawing; limits on numbers of applications per organizational unit and two-tiered approach in determining an acceptable application; designation of subgroup within an organization; splitting of proceeds among subunits within an organization; need for further research on tax exempt status; fairness; cost recovery; impacts on air quality; multi-year lottery drawings; and the need to quantify what is required in and for the application process. Several members of the public spoke on issues which included: their desire to keep their grandfathered status; if grandfathering is eliminated, then it should be done within a 2-6 year period; holding applications to one organization but realizing that different organizations have different processes for determining 501(C)3 status (i.e., umbrella 501(C)3 vs. individual unit 501(C)3); fireworks impacts on respiratory illnesses; desire for banning fireworks; problems with illegal fireworks; lack of ability to respond to fireworks calls in a timely fashion; shutting down legal fireworks will not stop the illegal ones; the need for the community to become more aware of the dangers inherent with fireworks; fireworks as a part of the culture of the country; and the influx of illegal fireworks from other areas if they are not allowed in the City. Fire Chief Ron Fraze pointed out numerous problems with allowing fireworks in the City, including modifications of legal fireworks, enforcement issues when residents use both legal and illegal fireworks, citation constraints, response times during the Fourth of July celebration period and fireworks use during other times of the year, including New Year's. He feels that if 300 cities in California ban fireworks and don't have any illegal firework problems, why Bakersfield would be that much different. He clarified that his recommendation on a ban of fireworks applied only to the fireworks stands and not the big fireworks shows which are licensed by the State, permitted, and inspected. There are four in the City, per Director of Prevention Services Ralph Huey. It was generally agreed that the issue of fireworks was complex and needed further study. Committee Member David Couch felt an important aspect is what Fire Chief Fraze and Police Chief Rector need in the street to deal with fireworks sales in order for fees to reflect the real cost of recovery. The Committee asked staff to have at the next meeting a report from both the Fire Department and the Police Department about what they would like to see in terms of staffing and resources for the next July Fourth period in really firm numbers so that Finance can work that in to an analysis on how the costs would be recovered, adding that cost recovery for the application should be separate from that of inspection, etc. The Fire Department report should include in its report any conversations with the County, if any, on some kind of a uniform policy for the metro area; indicate where the Department is on the types of educational materials recommended and what can be done so they don't end up in the trash. It should identify other issues it feels are important (i.e., limiting of fireworks at different times of the year); provide information available through the Air Pollution Control District relating to the extent that Fourth of July Fireworks affect air quality (comparing to a week before, a week after, a four-day period--measurements the APCD has available) and how long it takes for the air quality to get back to normal. Agenda Summary Report Legislative and Litigation Committee September 20, 2004 Page 3 Staff (Legal and Finance) should work together to clarify/define which organizations can apply for a permit and should include a discussion on multi-year lottery drawings. Legal should ensure language is specific enough to include providing direct and regular community service as a kind of cross check. The City Attorney should raise any legal concerns, including liability, and research legal concerns with eliminating the grandfathering status, including any relating to formerly conferred special status. Staff reports should contain, where applicable, one, two or three alternatives so that the Committee discussion can be very focused and productive. 5. COMMITTEE COMMENTS None. 6. ADJOURNMENT The meeting adjourned at 2:05 p.m. Staff Attendees: City Manager Alan Tandy, Assistant City Manager John Stinson, Administrative Analyst Trudy Slater; City Attorney Virginia Gennaro; Fire Chief Ron Fraze, Director of Prevention Services Ralph Huey; Finance Director Greg Klimko, City Treasurer Cheryl Perkins; Assistant Police Chief Bryan Lynn; Risk Manager Pat Flaherty; and Assistant City Clerk Roberta Gafford. Others Present: Jerry Anderson, Roger Jobe, Ann Doland, Arthur Doland, DeeAnn Barricklow, David Rogers, Joe Austin, David Lomas, Cheryl Nelson, and James Burger