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Home My WebLink About02/23/2004 B A K E R S F I E L D Alan anager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Monday, February 23, 2004 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 JANUARY 12, 2004 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None. 4. NEW BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING ~TO FIREWORKS COMPANY REQUEST FOR CHANGE IN THE CITY'S FIREWORKS Lo'n'ERY PROCEDURES/ORDINANCE Administrative Analyst Trudy Slater explained the staff proposals submitted to Committee for review: one which seeks to limit a specific non-profit organization to one permit application only (Exhibit A) and one which charges each subunit making application for a permit a non- refundable permit application fee (Exhibit B). Agenda Summary RepO~l~ Legislative and Litigation Committee February 23, 2004 Page 2 City Treasurer Cheryl Perkins indicated she favored limiting a non-profit organization to one application regardless of how many subunits it might have. She also indicated that staff spent a considerable amount of time in processing the applications and non-refundable permit application fees should be charged to cover staff costs of doing so. Discussions centered on whether a few or many organizations were submitting more than one application, whether a limited number of applications would solve issues, the numbers of applications which were included in the lottery drawing as well as those grandfathered in (those not having to participate in the lottery drawing), and the fairness of a non-refundable permit application fee. Fire Chief Ron Fraze indicated a concern over illegal sales of fireworks by a den mother as a fundraising effort for her scout troop. Mr. Roger Jobe, Phantom Fireworks, indicated fireworks required safety measures and should be picked up at fireworks stands. Staff was directed to attempt to address Chief Fraze's issue. After discussion, Committee Member Jacquie Sullivan made a motion to have a non-refundable application fee. This was unanimously passed. Committee Chair Sue Benham made a motion to allow only one application per non-profit organization. This also passed unanimously. Committee Member David Couch suggested, and the Committee concurred, that as a new ordinance would not be effective before the application period for permit submissions begins this year, staff will inform this year's applicants of the ordinance changes that are being proposed so they can plan ahead for next year. B. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO STREET CORNER VENDOR ACTIVITY IMPACTING OTHER BUSINESSES Committee Chair Benham explained she, too, had received complaints regarding transient businesses/itinerant merchants in addition to the Council referral to Committee. Ms.-Slater indicated that generally problems did not occur with those who had followed the City's regulations in obtaining the proper permits but with those who had not. Mr. Scott Farley indicated there was a substantial loss of revenues when itinerant merchants sell merchandise during the holidays, including Valentine's Day and the upcoming Mother's Day. Committee Chair Benham indicated she would like to see Code Enforcement and the Bakersfield Police Department enforce the ordinance. Committee Member Sullivan made a motion to adopt a policy of citation rather than warning, and Committee Chair Benham asked if a motion was needed to step up enforcement. City Manager Tandy indicated that staff present would see this happens. Mr. Farley was given Treasury's number to call for issues with itinerant merchants and an additional complaint line number (326-3674) in Development Services. Committee Member Sullivan asked whether the license amount needed to be reviewed, and Ms. Perkins indicated this would be included in the City's annual review. Agenda Summary Repo~ Legislative and Litigation Committee February 23, 2004 Page 3 C. REVIEW, DISCUSSION AND COMMI'I'rEE RECOMMENDATIONS RELATING TO AN ORDINANCE ALLOWING SEIZURE OF VEHICLES BELONGING TO INDIVIDUALS INVOLVED IN ILLEGAL DUMPING ACTIVITIES Police Captain Tim Taylor explained that the Los Angeles dumping ordinance became effective in November 2003 and since that time Los Angeles had impounded only one vehicle, a dump truck. The Los Angeles ordinance targets major illegal dumping activities. Development Services Director Jack Hardisty explained that there are existing remedies in the City permit process for construction waste dumpers who are caught in the act of illegal dumping; the real issue is in catching them. Captains Taylor and Lynn indicated there are existing avenues in both the Vehicle and Penal Codes for impounding vehicles of those caught in violation of the Vehicle and Penal Codes. Seizure and forfeiture of assets requires numerous procedural .steps, including notifications, hearings, appeals, and other administrative and legal procedures. The Committee felt a review of the costs involved in impounding a vehicle was appropriate. Staff will review as part of the City's cost recovery program. No further Committee action was taken. Committee Member Couch asked that a report back to Council Member Salvaggio be made to let him know the result of the Committee's review. D. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO THE 2004 LEGISLATIVE PLATFORM Administrative Analyst Slater presented two proposals for changes to the 2004 Legislative Platform. The Legislative Platform, annually reviewed by the Legislative and Litigation Committee, provides a broad framework for quick City legislative response to issues which arise. One proposal added "transportation funds" as a separately identified category t° which the City supports limiting State access. The .second approach consolidated several previous categories into fewer broader categories. City Manager Alan Tandy, in response to discussions on the proposed changes, indicated that historical issues are included within the current Legislative Platform which will no longer be identified if the consolidated Platform is recommended. Committee Member Couch suggested adding wording to the first proposal which includes support for a constitutional amendment to protect local revenues. After discussion, the Committee unanimously voted to recommend the first proposal, with Committee Member Couch's addition, to be presented to Council for approval. 5. COMMITTEE COMMENTS Committee Member Sullivan suggested that the issue of grandfathered fireworks permits'should be addressed at some point and a time frame (i.e., three to five years) be developed for elimination of the grandfather clause. Agenda Summary Repo~ Legislative and Litigation Committee February 23, 2004 Page 4 6. ADJOURNMENT The meeting adjourned at 2:13 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater; City Attorney Ginny Gennaro, Assistant City Attorney Robert Sherry; City Treasurer Cheryl Perkins;.Police Captain Bryan Lynn, Police Captain Tim Taylor; Development Services Director Jack Hardisty; Fire Chief Ron Fraze, Director of Prevention Services Ralph Huey. Other Attendees: Roger Jobe, James Burger, Tammy Brown, Scott Farley