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HomeMy WebLinkAbout10/17/2005 · B A K E R S F I E L D /~ ~_~ Zack Scrivner, Chair Staff:,~'Alan Christensen Sue Benham For: Alan Tandy, City Manager David Couch AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE 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. LEGISLATIVE AND LITIGATION COMMITTEE 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 route, which is currently used for the Christmas Parade, Black History Parade, Cinco de Mayo and the Veterans Parade. This route is established, easily staffed and has excellent spectator access. Two alternative routes in the downtown area 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 LEGISLATIVE AND LITIGATION COMMITTEE 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. LEGISLATIVE AND LITIGATION COMMITTEE 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. COMMITTEE 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:~,C\05 Legislative&Litigation~ll 05 oct 17 summary, doc