HomeMy WebLinkAbout08/29/2005 B A K E R S F I E L D
d ~ Zack Scrivner, Chair
Sta~ Alan Christensen Sue Benham
For: Alan Tandy, City Manager David Couch
AGENDA SUMMARY REPORT
SPECIAL LEGISLATIVE AND LITIGATION COMMITTEE. MEETING
Monday, August 29, 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 1:05 p.m.
Present: Councilmembers Zack Scrivner, Chair; Sue Benham; David Couch
2. ADOPT JUNE 13, 2005 AGENDA SUMMARY REPORT
Adopted as submitted.
3. PUBLIC STATEMENTS
4. DEFERRED BUSINESS
A. Review and Committee recommendation on City Annexation Policy o
Assistant City Manager Alan Christensen explained this issue was referred to the
Committee by Councilmember Couch to review the policy and streamline the
process due to changes in LAFCO regulations and redundancies in the policy.
The last residential annexation toOk almost two years. A copy of a draft
resolution, draft policy and hearing notice with proposed changes in red and
lined-out verbiage proposed to be deleted was included in the Committee packet.
Assistant City Manager Alan Christensen gave a review of each proposed
change line-by-line.
Committee Member Couch requested additional changes to the draft annexation
pre-application process.
Barbara Fowler spoke and made additional suggestions.
LEGISLATIVE AND LITIGATION COMMITTEE
AGENDA SUMMARY REPORT
Monday, August 29, 2005
Page 2
Barbara Fields spoke regarding the annexation response postcards and the need
for notification.
Becky Kaiser spoke regarding the annexation proCess.
City Attorney Ginny Gennaro explained that the change to State Law now places
all of the .rules and regulations regarding annexation under LAFCO. So,
whatever the City decides to do with its policy is over and above the
requirements of State Law.
Committee Member Couch further explained the changes being suggested are to
take out repetitive actions and areas where LAFCO has the legal authority, such
as the public hearing.
Committee Member Benham made a motion the changes requested by the
Committee be incorporated into the draft policy by staff and brought back to the
Committee for further consideration. The Committee .unanimously approved the
motion.
5. NEW BUSINESS
A. Review and .Committee recommendation on Restaurant Letter Grading
System
City Attorney Gennaro spoke regarding the information in the packet, which
included a report from Steve McCalley, Director of' County Environmental Health
Services Department, to the Board of Supervisors when the Board was
considering implementation of a letter "Graded System" for restaurants. The
Board of Supervisors ultimately decided not to go forward with a restaurant letter
grading system.
City Attorney Gennaro explained State Law compels the results of county
inspections to be made available to a customer on demand, but does not compel
a letter grade for restaurants. State Law permits local jurisdictions to create such
grading systems and compel displaying those grades.
Inspection of restaurants and enforcement of food safety laws takes place under
the jurisdiction of the County of Kern Environmental Health Services Department.
The City can implement a letter grading system, but would have to coordinate
with the County, because it would be enforced by the County.
Committee Member Couch expressed what he had envisioned was to propose to
the County to take their current number grading system and equate a letter grade
to the number grade. The letter grade could then be posted in the front of the
restaurant.
LEGISLATIVE AND LITIGATION COMMITTEE
AGENDA SUMMARY REPORT
Monday, August 29, 2005
Page 3
Steve McCalley explained at the present time the County does not use a number
grading system. The County uses the Center for Disease Control (CDC) criteria..
Focus is on the issues found to be most problematic to cause food illness in
people, such as cross-contamination and not keeping food at proper
temperatures. The County is in the process, which will take at least a year, of
implementing a more comprehensive data management system to allow posting
of inspections on the County's website.
Los Angeles County has implemented a letter graded system. They have hired
approximately 50 health inspectors to increase inspections, so it would be diffiCult
to evaluate which of the two resulted in the increased compliance in Los Angeles.
Terry Maxwell, T. L. Maxwell's Restaurant & Bar, spoke in opposition to the letter
grading system.
Committee Member Couch made a motion to bring this item back to the
Committee for further review. The Committee unanimously agreed.
B. Review and Committee recommendation on the Fireworks Ordinance
Committee Chair Scrivner passed out a one-page Sheet with information
regarding a house that was burned down near the corner of Derrick and
Tomlinson this July 4th by an illegal bottle rocket shot onto the roof. Luckily fire
personnel were driving by checking on illegal fireworks and saw the fire and were
able to get an unconscious person and one other out of the house.
Assistant City Manager Christensen explained the Fireworks item will be on the
agenda for the Joint City/County meeting on September 19th.
Fire Chief Fraze reported that this July 4th from 7 p.m. to midnight eight
enforcement units ran on 181 calls for service. Over 100 pounds of illegal
fireworks were confiscated and 18 citations were written. A firefighter was hit in
the face singeing his eyelid and burning his gloves by a firework during a
response call on illegal fireworks.
,. The Fire Chief expressed the problem of misusing legal fireworks and illegal
~ fireworks will grow unless more stringent measures are taken. Enforcement. is
difficult as illegal fireworks are being used in conjunction With legal fireworks and
when the enforcement units show up the folks switch to legal fireworks to cover
up the use of illegal fireworks. An enforcement officer must see or have
evidence of the use of illegal fireworks before a citation can be issued. He
suggested the following liSt for the Committee's consideration.
An outright ban of the sale and use of fireworks in the Metropolitan
Planning boundary.
LEGISLATIVE AND LITIGATION COMMITTEE
AGENDA SUMMARY REPORT
Monday, August 29, 2005
Page 4
· If fireworks are allowed, shorten the number of days fireworks can be sold
and used. You can only buy fireworks during a four-day period, but
currently fireworks can be used 365 days of the year.
· Limit the personal use of fireworks to only July 4th.
· Increase the dollar amount of the administrative fines.
· In conjunction with fines, use an 'Arrest and Book' procedure for persons
caught selling or using illegal or modified fireworks.
· Limit the number of fireworks stands to the current number and not add to
the number as the population grows.
Increase the fee schedule for the firework stand operators in order to
recover the cost of enhanced enforcement efforts.
· Increase Fire and Police enforcement efforts.
· With the cooperation of the County, any changes made be enforced in the
Metropolitan Planning boundary.
The air quality on July 4th this year exceeded attainment standards and legally
the City of Bakersfield could have been cited. Also, a huge number of animals
were lost and hurt, which was a big strain on animal control and the SPCA.
The County already bans fireworks in the mountain areas and also in Tehachapi,
so there is framework in place if the City should decide to ban the sale and use of
personal fireworks and only allow structured firework shows with trained
personnel.
Committee Member Benham expressed compassion for the nonprofits and their
need to raise funds, but felt there are overwhelming reasons to consider banning
fireworks.
Roger Jobe, Phantom Fireworks, spoke in opposition to banning personal use of
safe and sane fireworks in Bakersfield.
Scott Allen, Phantom Fireworks, spoke regarding using stronger deterrents for
modifying fireworks and the use of illegal fireworks.
Committee Chair Scrivner requested staff provide updated information on the
fees and number of booths; the number of SPCA and animal control calls related
to fireworks; and more information on the failure to stay in attainment on air
quality and to share the information on animal calls and air quality with the
County.
The Committee agreed to table this item and bring it back to the Committee for
action after the Joint City/County meeting and requested staff to provide the
County with the City Clerk's survey.
LEGISLATIVE AND LITIGATION COMMITTEE
AGENDA SUMMARY REPORT
Monday, August 29, 2005
Page 5
C. Discussion and Committee recommendation regarding setting a Committee
meeting in September
Assistant City Manager Christensen explained before the next scheduled
Committee meeting, the Committee's recommendations on the League of
California Cities' resolutions need to go to Council on September 28th in order to
forward to thb League for the Conference beginning on October 6th. The League
will be mailing out the resolution packet to cities this week.
The Committee agreed to set meetings on Wednesday, September 7th at
4:30 p.m. and on Wednesday, September 21st at 10:00 a.m. in case more time is
required.
6. COMMITTEE COMMENTS
7. ADJOURNMENT
The meeting was adjourned at 3:07 p.m.
Staff .present: Assistant City Manager Alan Christensen; Assistant City Manager
John Stinson; City Attorney Ginny Gennaro; Assistant City Clerk Roberta Gafford;
Deputy City Attorney Allen Shaw; Fire Chief Ron Fraze; Deputy Fire Chief Kirk Blair;
Deputy Fire Chief Gary Hutton; Director of Fire Prevention Services Ralph Huey; Fire
Captain Steve Hollon; City Manager's Office Administrator/Public Relations
Coordinator Rhonda Smiley
Others present: Kern County Environmental Health Services Director Steve
McCalley; Barbara Fowler; Barbara Fields; Becky Kaiser; Roger W. Jobe, Phantom
Fireworks; Scott Allen, Phantom Fireworks; Jim Wilson, TNT Fireworks; Terry
Maxwell, T. L. Maxwell's Restaurant & Bar; James Burger, The Bakersfield
Californian; and Quyen Chung, KGET-T-V
cc: Honorable Mayor and City Council
S:~AC\05 Legislative&Litigation~ll 05aug29summary.doc