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HomeMy WebLinkAbout09/20/2004 B A K E R S F I E L D Sue Benham, Chair David CoUch Jacquie Sullivan Staff: Trudy Slater REGULAR MEETING NOTICE LEGISLATIVE AND LITIGATION COMMITTEE of the City Council - City of Bakersfield Monday, September 20, 2004 1:00 .p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue, Bakersfield, CA AGENDA 1. ROLL CALL 2. ADOPT AUGUST 23, 2004 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION AND COMMI'I'I'EE RECOMMENDATIONS RELATING TO CHANGES IN THE CITY'S FIREWORKS LO'R'ERY PROCEDURES/ORDINANCE 5. COMMI'I-I'EE COMMENTS 6. ADJOURNMENT DRAFT B A K E R S F I E L D Alan Tandy, C~ty Manager Sue Benham, Chair Staff: Trudy Slater David.Couch Jacquie Sullivan AGENDA SUMMARY 'REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Monday, August 23, 2004 1:00 p.m. . City Manager's Conference-Room 1. ROLL CALL Called to order at 1:07 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David CouCh Councilmember Jacquie Sullivan 2. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL--EXPOSURE TO LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (b)(1) OF GOVERNMENT CODE SECTION 54956.9: ONE (1) POTENTIAL CASE No reportable action taken. B. CONFERENCE WITH.LEGAL COUNSEL--EXISTING LITIGATION CLOSED SESSION PURSUANT TO SUBDIVISION (a) OF GOVERNMENT CODE SECTION 54956.9: · JACOBSON V. HERMAN, UNITED STATES DISTRICT COURT CASE NO. CF-F-02-5973-DLB · NORTH KERN V. KERN DELTA, TULARE COUNTY SUPERIOR COURT CASE NO. 96-172919 · BFLO V. COB, USDC CASE NO. ClV:F-03-5645 REC TAG No reportable action taken. 3. ADOPT JULY 12, 2004 AGENDA SUMMARY REPORT Adopted as submitted. Agenda Summary Report Legislative and Litigation Committee DRAFT Page 2 4. PUBLIC STATEMENTS None. 5. NEW BUSINESS A. REVIEW, DISCUSSION 'AND COMMrrrEE RECOMMENDATIONS RELATING TO AN ORDINANCE REQUIRING UTILITY COMPANIES TO-MAINTAIN THEIR JUNCTION BOXES City Attorney Virginia Gennaro explained the City's current-policy is to remove graffiti from utility company junction boxes.without restitution for services provided. Ms. Gennaro indicated it was felt that property owners shouldn't 'be assessed cost recovery fees for graffiti removal when they had. already been damaged by graffiti vandals. City Manager Alan Tandy indicated the City would end up spending more time in cost recovery analysis and reimbursement solicitations than it would cost to simply remove the graffiti. Some utilities do Provide assistance to the City for these services. Those who do not allow the City to clean the boxes are generally fairly quick in removing the graffiti themselves. Councilmember David Couch indicated he thought the cable companies should be asked to participate in assisting the City in graffiti removal from their boxes. Councilmember Jacquie Sullivan wanted residents to know the City is not backing off the graffiti issue. After review, the Committee felt no further action was needed. B. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING ORDINANCE CHANGES RELATING TO SMOKING REGULATIONS IN ENCLOSED SPACES City Attorney Gennaro explained the proposed City ordinance would tighten a loophole in state law which allows different interpretations and concerns as to mixed uses such as tobacco and alcohol in enclosed spaces. Committee Chairperson Benham indicated she felt the proposed ordinance was overly broad and would put an existing business out of existence. After discussion, staff was directed to look at alternative proposals/ideas and bring back to the Committee for further discussion .in a couple of months. C, REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO LEAGUE ANNUAL CONFERENCE VOTING DELEGATE AND ALTERNATE Administrative Analyst Trudy Slater explained the-Legislative and Litigation Committee normally recommends to Council a Voting Delegate and Alternate to the League Annual Meeting. The Council-appointed Voting Delegate forwards the Council's directives relating to the League's resolutions at the General Assembly business meeting at the annual conference. Upon the Committee's request, Councilmember Jacquie Sullivan agreed to serve as Voting Delegate. Councilmember Mark Salvaggio will be recommended as Alternate. Recommendations will be presented to 'Council at its meeting of September 8. Agenda Summary Report Legislative and Litigation Committee D[~AFT August 2:3, 2004. Page 3 D. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO PROPOSED LEAGUE RESOLUTIONS Ms. Slater briefly discUssed the League's two proposed resolutions for the League Annual Conference. A staff review of the first resolution, dealing with Bylaws changes, revealed nothing that would be anegative to the City of .Bakersfield. The resolution had passed a Bylaws Committee review, an Administrative Services Committee review, and had been approved by the League Board for placing before the .League ~members. Staff recommendation was a position of support. The Second resolution encourages cities to embrace policies that facilitate activities that promote healthier lifestyles, including 'healthy diet and nutrition and adopt city design and planning principles that enable .citizens to undertake exercise with the goal-of achieving a more active and 'healthy community. Staff recommendation was a position of support. After further discussion, the .Committee unanimously supported staff's positions of support. The Committee,recommendations will-be forwarded to Council .for action at its meeting of September 8. 6. COMMI'R'EE COMMENTS None. 7. ADJOURNMENT The meeting adjourned at 2:25 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater; City Attorney Virginia Gennaro; Assistant City Attorney Bob Sherfy; Deputy Fire. Chief Kirk Blair, Director of Prevention Services Ralph Hue.y; Public Works Director Raul Rojas, General Services Superintendent Steve Hollingsworth Others Present: Tammy Brown, James Burger MEMORANDUM August 30, 2004 To: Alan Tandy, City Manager ~ '~ From: Gregory J. Klimko, Finance Director~/~ Subject: Fireworks Councilman Salvaggio referred the item of multiple fireworks permits to the same o[ganization to the Legislative and Litigation Committee. The committee forwarded an ordinance amending section 8.44.030 of the Bakersfield Municipal Code to the City Council for first reading on March 10, 2004. The City Council delayed a second reading on March 24, 2004 and the item was referred back to the Legislative and Litigation Committee by Councilwoman Benham. to review broader issues. Some areas for discussion include but are not limited to: A. Permit Application/Issuance (Finance, Planning & Risk Management) B. Inspections (Building & Fire) C. Enforcement (Fire & Police) D. Cost Analysis (Finance) Specific items within the areas mentioned above include: A. Period of fireworks sale B. Number of permits City wide C. Number of permits per organization D. Grandfathered organizations E. Non profit and/or profit organizations F. Education G. Enforcement H. City fees. Currently, Municipal Code chapter 8.44 includes the following provision; the period of sale is between twelve noon on July Ist tO twelve noon on July 5th. The total number of permits is set at one per 4,000 population or portion thereof plus permits issued by Kern County the previous year and subsequently annexed to the City. During the 2004 fireworks season there were a maximum of 67 permits based on a 266,784 population estimate as of January I, 2003 provided by the State in May 2003 (266,784/4,000 = 67). While 162 applications were received the 67 eligible were determined via the grandfathering provisions (39) and by drawing (28). Subsequent to the drawing 64 total permits were issued. Currently qualifying organizations may apply for and receive more than one permit with certain limitations. An organization may qualify for one or more permits under.grandfathering and may qualify under another group within the same primary organization for additional permits. An organization is usually deemed qualified if it was issued a permit for the 1994 season 1 S:\KimG\Grcgory\Mcmo - ATFircworks.doc To: Alan Tandy, City Manager Subject~ Fireworks [grandfathered for profit (3) and non profit (36)] and each subsequent year or a non profit organization or corporation organized and existing primarily for Veteran, patriotic, religious, welfare, charitable or civiCbetterment purposes with a membership of at least thirty-five (35) members. One organization made fourteen (14) applications under various subgroups in 2004. Organizations are not currently required to provide education materials on the proper use of fireworks. Enforcement of the municipal code fall under the City Treasurer, Planning and Risk Management divisions for applications, the Building and Fire departments for inspection and the Fire and Police departments to handle complaints. The current $101 permit fee was established in 1992 to cover the City Treasurer, Building, Planning and Fire departments costs incurred. This was prior to the 1994 ordinance changes. The applicants are also required to obtain a $40 electrical permit. The availability of legal fireworks is contingent upon the period of sale and the number of locations. I do not have any recommendations regarding the period of sale however I recommend the number of permits be permanently limited to seventy (70) or some smaller number. The January 1, 2004 state population estimate was 279,672. Under the existing standard of 1 permit per 4,000 population 70 would be the maximum. Another alternative would be to set a different standard (i.e. 1 per 5,000). An additional alternative is to hold a drawing to determine the permit holders for more than one year (2 or 3 years) and recalculate the maximum number of permits, based on population, on the same cycle. I further recommend the following: A. The grandfathering of permit holders prior to 1994 be deleted. B. All permit applicants must be non profit organizations in order to participate in the drawing for permits. C. The number of applications submitted by each organization be limited to one (This means one per school, religious or other non profit organization within the City). D. Require that organizations must provide direct and regular community services to the citizens of Bakersfield to qualify for a permit. E. The number of members be increased from 35 to 50, or some larger number. F. Consideration be given to require the distribution of educational materials with the fireworks. G. Consideration be given to the level of enforcement by the Police and Fire departments. H. City Council determine the percentage of actual cost incurred to be recovered by fees for application, inspections and enforcement under the City's cost recovery system for future years and the fees for the 2005 Fireworks permits are recommended to be: 1. Application Fee $ 40. 2. Inspection Fee $140. 3. Enforcement Fee - Dependant on level of enforcement. 2 S:\KimG\GregoryX34emo - ATFireworks.do¢ To: Alan Tandy, City Manager Subject: Fireworks I recognize that the issue of fireworks to celebrate the fourth of July is an emotional issue. That many organizations and subgroups within organizations rely on fireworks proceeds to keep their organizations viable. However, the cost to administer the fireworks permitting process has become not only time consuming but administratively cumbersome. Generally, I am recommending leveling the playing field, limiting the number of total permits and restricting each primary non profit organization to one chance in the drawing. The City Fire Chief advises that over 300 California cities (60% of the state) have taken proper steps to ban the sale and use of any fireworks within their jurisdiction. It is his recommendation the City of Bakersfield work with the County of Kern to do the same within the metropolitan area. Attachments: 1. Listing of the 2004 Fireworks permit applicants. 2. Memorandum dated March 18, 2004 from the City Treasurer's Office. 3 S:\KimG\Gregory\Memo - ATFireworks.doc CITY OF BAKERSFIELD FIREWORKS 2004 RECEIPT NUMBER GROUP PERMANENT GROUPS 1 DOWNTOWN OPTIMIST CLUB OF BAKERSFIELD 2 SONRISE CHURCH OF GOD 3 EAST BAKERSFIELD LIONS CLUB A 4 BELIEVERS IN JESUS MISSION 5 KIWANIS CLUB OF KERN 6 SOUTH HIGH BANK BOOSTERS B 7 . TEEN CHALLENGE MENS GROUP B 8 TEEN CHALLENGE WOMEN 9 BETHEL ACADEMY 10 CORNERSTONE CHURCH A' 11 BELIEVERS IN JESUS CHURCH i2 GREAT BEGINNINGS CHRISTIAN CHURCH 13 KERN COUNTY SOCCER CLUB C 14 BHS FRIENDS OF FINE ARTS 15 BAKERSFIELD PENTECOSTAL CHURCH 16 CHRISTIAN MEN FELLOWSHIP * 17 MARK M DICKERSON * 18 BUD'S BRAKE AND WHEEL D 19 CANYON HILLS YOUTH D 20 CANYON HILLS ROYAL RANGERS 21 SAN JOAQUIN SPORTS DIVERS 22 FIRST ASSEMBLY OF GOD YOUTH 23 RIDGEVIEW FAMILY WORSHIP CENTER 24 SOUTH HIGH ATHLETIC BOOSTERS 25 COYOTE CLUB 26 YOUTH CORPS 27 AMERICAN LEGION POST #26 C 28 B H S ATHLETIC BOOSTERS 29 ST JOHNS LUTHERAN 30 CHESTER AVE BAPTIST CHURCH 31 WEST HIGH SCHOOL BOOSTERS CLUB 32 BAKERSFIELD COMMUNITY CHURCH 33 KERN UNITED SOCCER 34 POLICE EXPLORER POST #521 35 PT LOMA COLLEGE WOMANS AUXILARY * 36 VERNON STRONG 37 OASIS CHRISTIAN CENTER 38 WESTBROOK CHAPEL 39 SONGS OF THE CROSS * = For Profit 1 OF4 CITY OF BAKERSFIELD FIREWORKS 2004 RECEIPT _NUMBER GROUP GROUPS I 107 IGLESIA DE DIOS PENTECOSTAL MI 2 108~ GODS COVENANT CHURCH OF GOD IN CHRIST 3 E 109 MAKE A WISH FOUNDATION 4 E 110 MAKE A WISH FOUNDATION - ADOPT 5 111 DISQUALIFIED - BAKERSFIELD SOCCER CLUB COUNTY 6 F 112 BRIMHALL ROAD ASSEMBLY OF GOD - YOUTH 7 F 113 BRIMHALL ROAD ASSEMBLY OF GOD - MISSIONS 8 G 114 OAKS COMMUNITY CHURCH - YOUNG COUPLES 9 G 1 t5 OAKS COMMUNITY CHURCH - XTREME HSM 10 G 116 OAKS COMMUNITY CHURCH - JR HIGH MINISTRY 11 G 117 OAKS COMMUNITY CHURCH - PURPOSE GROUP 1 12 G 118 OAKS COMMUNITY CHURCH - EVENT COMMI3-rEE 13 G 119 OAKS COMMUNITY CHURCH - PRAISE TEAMS 14 G 120 OAKS COMMUNITY CHURCH - PURPOSE GROUP 2' '15 G 121 OAKS COMMUNITY CHURCH - USHERS & GREETERS 16 122 DISQUALIFIED - K C BULLETTS COUNTY 17 123 'BAKERSFIELD SOUTHWEST BASEBALL 18 124 DISQUALIFIED - ROSEDALE N ELEM. - COUNTY 19 125 TEEN COURT OF KERN CO 20 H 543401 BAKERSFIELD CONDORS - HOMEFOOD COMMITTEE 21 H 543402 BAKERSFIELD CONDORS - FIREWORKS STAND 22 H 543403 BAKERSFIELD CONDORS - CHRISTMAS PARTY 23 H 543404 BAKERSFIELD CONDORS -AWARDS BANQUET 24 H 543405 BAKERSFIELD CONDORS - HOSPITALITY COMMITTEE 25 ~1 543406 BAKERSFIELD CONDORS - AWAY FOOD COMMITTEE 26 543407 HIGHER GROUND CHURCH 27 I 543408 BOYS AND GIRLS CLUB OF BAKERSFIELD 28 I 543409 BOYS AND GIRLS CLUB OF BAKERSFIELD - SATLELITE I 29 J 543410 VB F MISSIONETTE MINISTRY 30 J 543411 V B F SUMMER IN THE SON 31 J 543412 V B F LIGHTBEARERS MINISTRY 32 J 543413 V B F PRESCHOOL'MINISTRY 33 J 543414 V B F SUNDAY SCHOOL MINISTRY 34 J 543415 V B F ROYAL RANGERS 35 J 543416 V B F MINISTRY 36 543417 SERVICE WITH A PERSONAL TOUCH 37 543418 KERN COUNTY SCOTISH SOCIETY 38 543419 KERN COUNTY SHRINE CLUB 39 K 543420 VICTORY OUTREACH EB - YOUTH MINISTRY 40 K 543421 VICTORY OUTREACH EB - TRUSTEE-MINISTRY 41 K 543422 VICTORY OUTREACH EB - CHILDRENS MINISTRY 42 K 543423 VICTORY OUTREACH EB - WORSHIP MINISTRY 43 543424 RIDGEVIEW HIGH SCHOOL MUSIC BOOSTER CLUB 44 543425 KNIGHTS OF COLUMBUS 45 543426 GOLDEN VALLEY HIGH SCHOOL BOOSTER CLUB 46 543427 COMMUNITY FAMILY CENTER 2OF4 CITY OF BAKERSFIELD FIREWORKS 2004 RECEIPT NUMBER GROUP 47 L 543428 PRAISE TABERNACLE - MENS MINISTRY 48 L 543429 PRAISE TABERNACLE - CHURCH 49 L 543430 PRAISE TABERNACLE - WOMENS MINISTRY 50 L 543431 PRAISE TABERNACLE - YOUTH MINISTRY 51 M 325432 VALLEY BAPTIST CHURCH - VACATION BIBLE SCHOOL 52 M 543433 VALLEY BAPTIST' CHURCH - SUNDAY SCHOOL 53 M 543434 VALLEY BAPTIST CHURCH - CHILDREN CHOIR 54 M 543435 VALLEYBAPTIST CHURCH - AWANA 55 N 543436 NEW LIFE CENTER - YOUTH 56 N 543437 NEW LIFE CENTER - WOMEN 57 N 543438 NEW LIFE CENTER - MEN 58 N 543439 NEW LIFE CENTER - MISSIONS 59 N 543440 NEW LIFE CENTER - ELDERS 60 N 54,3441 NEW LIFE CENTER - DRAMA 61 N 543442 NEW LIFE CENTER - CHILDREN 62 543443 GOLDEN EMPIRE YOUTH TACKLE FOOTBALL - MUSTANG 63 O 543444 HISPANIC SEVENTH DAY ADVENTIST CHURCH - CHOIR 64 O 543445 HISPANIC SEVENTH DAY ADVENTIST CHURCH 65 O 543446 HISPANIC SEVENTH DAY ADVENTIST CHURCH - PRO ED. 66 P 543447 OUR LADY OF PERPETUAL HELP CHURCH 67 543448 CHARLES CHOPS ELKS 'LODGE #325 68 543449 EMMANUEL TEMPLE CHURCH 69 543450 ROSEDALE COMMUNITY FELLOWSHIP 70 543451 DISQUALIFIED - BAK GIRLS SOCCER COUNTY 71 543452 AMERICAN ACADEMY OF GYMNASTICS - BOOSTER 72 P 543453 OUR LADY OF PERPETUAL HELP SCHOOL 73 Q 543454 HERITAGE BIBLE CHURCH - BOYS 'MINISTRY 74 Q 543455 HERITAGE BIBLE CHURCH - JR HIGH MINISTRY 75 Q 543456 HERITAGE BIBLE CHURCH - COLLEGE MINISTRY 76 Q 543457 HERITAGE BIBLE CHURCH - MENS MINISTRY 77 Q 543458 HERITAGE BIBLE CHURCH - WOMENS MINISTRY 78 Q 543459 HERITAGE BIBLE CHURCH - GIRLS MINISTRY 79 Q 543460 HERITAGE BIBLE CHURCH - HIGH SCHOOL MINISTRY 80 543461 WORLD OF PENTECOST 8t R 543462 GRACE ASSEMBLY OF GOD - MISSIONETTS 82 R 543463 GRACE ASSEMBLY OF GOD - ROYAL RANGERS 83 r 543464 GRACE ASSEMBLY OF GOD - YOUTH MINISTRY 84 S 543465 DISQUALIFIED - BRIDGE CHURCH NOT ONE yEAR 85 S 543466 DISQUALIFIED - BRIDGE CHURCH NOT ONE YEAR 86 S 543467 DISQUALIFIED - BRIDGE CHURCH NOT ONE YEAR 87 S 543468 DISQUALIFIED - BRIDGE CHURCH NOT ONE YEAR. 88 S 543469 DISQUALIFIED - BRIDGE CHURCH NOT ONE YEAR 89 543470 CANYON HILLS SENIOR HOUSING 90 543471 CONVENANT FOUNDATION 91 543472 BAKERSFIELD APOSTOLIC FAITH CENTER 92 543473 APOSTOLIC ASSEMBLE - NIGHT VISION 93 543474 SIGMA ALPHA ASSOCIATION 3OF4 CITY OF BAKERSFIELD FIREWORKS 2004 RECEIPT _NUMBER GROUP 94 T 543475 THE GARDEN PATHWAYS - PERFORMING ARTS 95 ' T 543476 THE GARDEN PATHWAYS - BROADWAy BOUND . 96 543477 BAKERSFIELD GUNNERS SOCCER 97 U 543478 CALIFORNIA STATE UNIVERSITY - NURSING 98 V 543479 ST PHILIPS - RCIA 99 V 543480 ST PHILIPS - ERE 100 V 543481 ST PHILIPS - 5TH GRADE ERE 101 V 543482 ST PHILIPS - HEALTH CURE 102 V 543483 ST PHILIPS - PRAYER LINE 103 V 543484 ST PHILIPS - SUNDAY SCHOOL 104 V 543485 ST'PHILIPS - 6TH GRADE 105 V 543486 ST PHILIPS - 7TH GRADE 106 V 543487 ST PHILIPS - 8TH GRADE 107 V 543488 ST PHILIPS - PRESCHOOL 108 V 543489 ST PHILIPS - 9TH GRADE 109 V 543490 ST PHILIPS - CONF, I 110 V 543491 ST PHILIPS - CONF. 2 111 V 543492 ST PHILIPS 'CHURCH 112 W 543493 WORLD OF LIFE FELLOWSHIP- YOUTH MINISTRY 113 W 543494 WORLD OF LIFE FELLOWSHIP- SUNDAY SCHOOL 114 W 543495 WORLD OF LIFE FELLOWSHIP. MISSION DEPT 115 W 543496 WORLD OF LIFE FELLOWSHIP- WOMENS MINISTRY 116 W 543497 WORLD OF LIFE FELLOWSHIP- MUSIC MINISTRY 117 W 543498 WORLD OF LIFE FELLOWSHIP- MENS MINISTRY 118 W 543499 WORLD OF LIFE FELLOWSHIP - CHURCH 119 W 543500 WORLD OF LIFE FELLOWSHIP- CHILDRENS MINISTRY 120 543501 REBEL WRESTLING CLUB 121 543502 LIBERTY 'PATS 122 U 543503 CSUB - KAPPA ALPHA ORDER 123 543504 - DRESS FOR SUCCESS BAKERSFIELD MEMORANDUM TO: Alan Tandy, City Manager FROM: Cheryl Perkins, City Treasurer (Acting) DATE: March 18, 2004 SUBJECT: Council Referral Fireworks Ordinance At the March 10, 2004 meeting of the City Council, Councilmember Maggard requested staff.to provide a list of all fireworks booth permit holders including the grandfatheredpermit holders, identifying which ones are charitable and which are for- profit; the pros and cons of eliminating the grandfathered status; and information indicating how the fees for fireworks booths permits were calculated. Prior to the 1995 fireworks season, fireworks booth permits were limited to a total of fit~y permits and included both for-profit and non-profit organizations. It was determined a formula of one. permit per 4,000 population, or portion thereof, with a minimum of fifty, would be an equitable method-for the issuance of permits and would accommodate City growth. Issuance of permits to new applicants from the formula method would be determined by a lottery system (draw). Any person issued a permit in 1994 and also in each subsequent year would be allowed a permit without going into the draw. It was also this ordinance change that required any new applicants to be non-profit organizations. By "grandfathering" in groups that had always been given a permit in the year prior to the. change, several for-profit organizations were allowed to receive a permit that they would no longer be able to obtain under the new ordinance. It was also believed that there would be less chance of opposition to the new ordinance from former permit holders if they were guaranteed a permit in future years. The obvious con to eliminating the grandfathered organizations would be the complaints from those groups, especially from the three for-profit organizations who would no longer be able to get a permit. There would be several benefits to eliminating the grandfathered organizations. The Legislative and Litigation Committee recommended changing the fireworks ordinance to allow each organization to submit only one application to avoid the "stuffing" of the lottery, thus giving everyone who wants a permit the same chances of receiving one. Of the 39 grandfathered organizations, there are five organizations that have two permits. Eliminating the grandfathered organizations would be more equitable and consistent with this methodology. The City Municipal code ("Code") states that the grandfathered organization must apply for a permit every year or they will' be eliminated from the list. This has created some improper activities in the past. Some grandfathered organizations have improperly allowed other groups to use their permit in order for them to stay on the list. Therefore, a group that would have otherwise gone into the draw and may not have received a permit has operated a booth, tn an attempt to prohibit this improper use of permits, we have sent employees out to the fireworks booths each year to determine if a booth is being operated by the actual permit holder. This process takes ' several days and two treasury employees. Ii: the grandfathered organizations were eliminated, these inspections would not be necessary. Permit applications for grandfathered organizations and draw organizations are processed by the City differently. In accordance with the Code requirements, the grandfathered organizations,must submit all of the required documentation and the required fees between March 1 and March 31 of each year. Draw organizations are only required to submit two out of the eight required documents when first applying. Those organizations that are drawn in the lottery then have Until May 15th to submit the remaining items along the required fees. Having two different procedures for processing fireworks permits is cumbersome and confusing. Because of these differences in the permit process, staff must determine which type of applicatiOn it is and determine the appropriate steps. This can lead to mistakes and additional staff time in processing the permits. The fireworks booth permit fee was calculated as follows: $15.00 Planning Department $24.00 Building Department $10.00 Treasury $52.00 Fire Department 101.00 W..e recommend that the Treasury portion of the .fee be non-refundable. This fee was calculated .in 1992 and since that time has not been increased. At that time the City only accepted 50 fireworks booth permit applications. With the increase in activity and costs since 1992, we suggest that the fee be re-evaluated during the next Cost Recovery cycle. During the 2002 fireworks season, the City accepted 61 applications for the draw and 41 from grandfathered organizations. During the 2003 season we accepted 106 applications for the draw and 39 applications that were grandfathered. That represents a 43% increase. Of the total applications processed for the 2003 season, 75 individual groups applied. The remaining 70 applications received were by multiple applications from the same organizations. That equals almost half of all applications received. Out of the 75 individual, organizations that applied 5 were disqualified for various reasons leaving a total of 70 organizations eligible for permits of which 36 were eli~ble for the draw. The City could issue 65 fireworks booths permits in 2003 based on the population. That means that only 5 organizations would have not received a booth if organizations were not allowed to submit multiple applications. Thus the risk.of an organization paying a permit processing fee and not getting a booth would be minimal. One option the City might consider is placing a cap on fireworks booth permits that can be issued to 70, doing away with the grandfathered organizations, and accepting only one application per non-profit organization. Under this scenario, if the same number of eligible organizations applied as did in 2003, only 5 organizations would not get a permit. The fireworks season requires a great deal of staff time and effort. Listed below is just some of the work ~the City staff is required to perform during the fireworks season. This does not include the time we spend, on phone calls and/or problems before and after permits are issued. There is an annual meeting with the public and fireworks companies to discuss prior year problems, hand out application packets, and discuss any changes for the new season. This meeting is attended by three employees from Treasury, the Fire Marshall, and a Building Inspector. Applications are accepted between March 1 and March 31 each year in Treasury. These applications are review by staff to insure all the necessary documentation is included and complete, and a fee is collected. The Treasurer's Office then reviews the membership lists comparing lists received by multiple organizations for duplicate members. Each membership list must contain 35 bona fide members and each member can only be on one list. Therefore, it is necessary to compare the lists received from multiple organizations for duplicate members. We also verify all non-profit documentation via the Intemet to insure the organization is in an active non-profit status, and that the individual signing for the organization is authorized. All of this has to be completed in seven days before the drawing takes place on April 10th. To prepare for the drawing the Treasurers Office prepares a list of all organizations that are entered. From that lists slips of paper are made up for all the organizations. The April 10th meeting for the draw is attended by the fireworks.companies and some of the organizations. The City Clerk performs the draw and certifies a list. All slips are drawn and listed in the order drawn to insure that every organization was included. This draw process takes usually two hours and includes three employees from Treasury, and the City Clerk. We then notify all organizations that were drawn and they have until May 15th to file the remaining documentation and pay the fees. From April through June Treasury processes the remaining documentation for all applicants that will receive a fireworks booth permit. This included checking all locations for distance and duplications. Checking that all organizations are located inside the City limits. Ail applicants must have permission from the property owner where the booth is to be located, and this must be verified. We must receive certificates of insurance and a state fire marshal license. All of this .is very time consuming and requires a lot of time being spent on the Phone. The fireworks applications are all routed to various City departments for approval. The Planning Department approves zoning, Risk Management approves the insurance. Traffic Department, Fire Department and Building Department also have to approve the application. Once the permits are issued the booths are inspected by both the Building Department and Fire Department. Sometimes a second inspection is required from one or both of these departments. Building inspects the actual structure (booth), utilities, curbs cuts and/or driveways and identifies the nearest available sanitary facilities and fire hydrants. The Fire Department reviews all plot plans, checks for the appropriate distances .from structures and other fireworks booths, looks for any flammable material that might be in the area such as tents, signs or canopy's and makes sure there are ample emergency exits. The City receives a $100.00 security/clean-up deposit for each fireworks booth that operates. At the close of fireworks season, each organization has until July 15th to clean-up the area. City staff goes out and inspects the area to make sure it has been cleaned-up before the City returns the deposit. Because of the potential danger t° the public, .the City takes the sale of fireworks very seriously. Therefore, after the fireworks booths are opened to sell fireworks various City staff go out to each booth to check for any violations such as, making a change to the actual booth after inspection, sales of other unauthorized items, sign violations or unauthOrized permit users. Each year there are some of these violations that have to be dealt with. We surveyed nine cities comparable to the City of Bakersfield for fireworks procedures. Six of the nine cities do not allow fireworks sales. The other three do allow the sale of fireworks but one of the cities only allows the use of the fireworks in restricted areas, because of county restrictions adopted to reduce the fire hazard. Two of the cities base the number of fireworks permits allowed on population. The City of Fresno has a set amount of 60. All three have a non-refundable fee which ranges from $50.00 to $350.00 and permits are processed by their fire departments. Two of the cities only give permits to non-profit organizations the other city has grandfathered in for-profit organizations, but no longer issue permits to any other for- profit organizations. The City of Fresno issues two year permits and has an alternating program where each year only 30 permits are drawn. They have no grandfathered organizations, all permits are drawn by lottery. A list is attached of all fireworks booth permit holders for 2003. This includes the grandfathered permit holders as well as the draw organizations. The three for-profit organizations are identified. All of the other organizations are non-profit. Five of the grandfathered organizations have two permits and are marked by a line. ~.44.0 lO Chapter 8.44 year. Permits issued to such annexed entities shall be in addition to those issued on the-basis of population, without FIREWORKS* the necessity ofbein§ selected by drawing. 4. Those applicants having first obtained a permit or Sections: license from the State Fire Marshall under Part 2, Division 11 8.44.010 Definitions. of the Health and Safety C0de'ofthis state. 8.44.020 Permit required. B. All recipients of fireworks permits except those 8.44.030 Application~Issuance--Fee. specifically exempted in subsections A.3 and C. herein, shall · 8.44.040 Regulations. be selected by a drawing (by lot)' conducted by the city 8.44.050 Revocation. manager or his/her designee not later than April 10th of each 8.44.060 Appeal. ' year. C. The total number of fireworks.permits to be issued * Prior history: Prior code §§ 14.40.0 lOll 4.40.060 and Ordinances shall not exceed one permit per four thousand population, or 2756. 2805, 2917, 2975, 3086, 3147 and 3452. portion thereof, in the city, as set forth in the prior calendar year annual report of the State Deparl~nent of Finance, but not 8.44.010 Definitions. less than fifby; provided, however, any person applying for a Whenever used in this chapter, unless a different meaning fireworks permit who had such permit in 1994 and also in clearly appears from the context, the words set out in this each subsequent year shall be issued a permit if otherwise section shall have the following~meanings: qualified without being included in the drawing, A. "Applicant" means those Persons defined in Section notwithstanding the fact that such issuance may increase the 8.'44.030(A) (!) through (4). number of permits.to more than that allowed herein. B. "Person" means an individual, partnership, group, D. Applications for fireworks permits shall be corporation or association of any nature whatsoever. (Ord. submitted by the "applicant" (as opposed, to the fireworks 4042 § 1, 2002: Ord. 3640 § 1 (part), 1995) vendor) commencing March 1st through March 31st of each year. No applications shall be accepted by the city after 8.44.020 Permit required. March 31st of each year. Applications for the drawing It is unlawful for any person to sell or offer for sale or referenced in subsections 03) and (C) above need not include expose for sale within the city any fireworks in violation of the State Sales Tax number nor will require items 3 through 8 this chapter or without having a valid permit therefor in of the application form. Those applicants successful in the accordance with the provisions ofthis chapter. (Ord. 3640§l drawing shall have until May 15th to complete their (part), 1995) applications and submit the required fee(s). E. Except as modified by subsection (D) above, 8.44;030 Application~lssuance---Fee. applications for fireworks permits shall be made on forms to A. A Permit for the sale of safe and sane fireworks may be furnished by the city manager or his designee, shall be not be issued except to the following applicants: signed under penalty of perjury by the applicant and shall 1. A nonprofit organization or corporation organized require the following information and documents: and existing primarily for veteran, pa~'iotic, religious, 1. The name, address and telephone number of the welfare, charitable or civic-betterment purposes, organized nonprofit organization or retail business establishment for and established in the city at least one year prior to the filing which application is made; of application for permit under this chapter and having a bona 2. The applicant's business tax certificate number if it fide membership of at least thirty-five members, is a retail business establishment, and the name and address of 2. Retail (for profit) business establishments which · all owners ofsuch business; have, for a Period of at least one year prior to the filing of an 3. The location of the proposed fireworks sales; application for permit under this chapter, held a valid business 4. The purpose of the nonprofit organization or tax certificate issued by the city under Chapter 5.02 of this corporation, its principal and permanent meeting place; the code; provided, no such permit shall be issued to any such approximate date of its establishment in the city; the total retail business establishment unless such establishment was number of its local membership; the names and addresses of issued a permit the previous year. its officers; 3. Any entity which held a permit issued by Kern 5. A plot plan, showing the location of the temporary County for a particular location the previous year, which fireworks stand, utilities, location of permanent and location was subsequently annexed to the city within the past 4-02) 310 8.44.030 temporary structures, curb cuts and/or driveways and F. Location of temporary stands may not be changed identi lying the nearest available sanitary facilities, and fire after an application is filed except as required by the city, hydrants. For those applicants who were issued a or where there is evidence of change in property fireworks permit for the preceding year, the plot plan must ownership or management and prior approval or consent be submitted with the application package. For those has been revoked by the new owners or managers. applicants successful in the drawing, plot plans must be G. No one organization business, group or person ' submitted by May 15th of each year. Plot plans will be may receive more than one permit for fireworks sales approved or rejected by the Fire Department by June 15th. during any one calendar.year. Amendment will not be permitted to .anyplot plan rejected H. All permits issued under this chapter shall remain subsequent to the March :31st application deadline for in effect from noon on July 1st to noon on July 5th unless renewal permits or the May 15th deadline for successful earlier suspended or revoked. drawing applicants, except to correct any violation of the I. The applicant shall pay a -fee not to exceed the minimum distance separation as required by Section cost of processing any such application and.inspecting 8A4.040(F); such business as set forth in Section 3.70.040. 6. A written authorization from the owner of the J. Permits may be issued with conditions to ensure location or person in lawful possessioh thereof, if other that the business will be operated in a safe and legal than the applicant, for the locating ofthebusinessuponhis manner, will not disturb the peace and quiet of the or her property; neighborhood and will not constitute an undue burden on 7. Evidence, satisfactory, to the city manager or his city resources. (Ord. 4042 § 2, 2002: Ord. 3640 § I (part), designee, of (1) general liability insurance providing 1995) coverage on an occurrence basis for bodily injury, included death of one or more persons, property damage 8.44.040 Regulations. and personal injury,, with limits as required by the city; and A. Those fireworks which are classified as (2) workers' compensation, with statutory limits and "dangerous" fireworks under Section 12505 of the employers liability insurance with timits as requLred by theCalifornia Health and Safety Code are prohibited, except city. All policies'required of the applicant hereunder shallthat such fireworks as are defined and classified as "safe be primary insurance as to the city, its mayor, council, and sane fireworks" in Section 12529 of the California officers, agents, employees and volunteers and any Health and Safety Code may be displayed, sold and used insurance or self-insurance maintained by the city, its pursuant to the provisions of this chapter and not mayor, council, officers, agents, employees and volunteers otherwise. shall be considered excess insurance over and above the B. No permit holder shall shout, make any outcry, applicant's insurance and shall not contribute with it. The blow a horn, ring a bell or use any other sound device applicants shall save, hold harmless and indemnify the including .any loudspeaker, radio or amplifying system city, its officers, agents, employees and volunteers fi.om ali Where sound of sufficient volume is emitted or produced claims, demands, damages, judgments, costs or expenses there from capable of being plainly heard upon the streets, in law or equity that may at any time arise from or is any alleys, parks or other public places. way related to any work performed by applicant, his C. Any permit issued pursuant to this chapter shall be agents or employees under the terms of any permit issued nontransferable, and shall be valid only as to the applicant under this chapter; and location provided on the application for such permit, 8. Cash bond in the sum of one hundred dollars, to or as set forth in Section 8.44.030F. Locational preference be forfeited to the city in the event the permittee fails toshall be given for the consecutive use of a particular remove said stand, equipment and rubbish from the location by the applicant as established by the previous premises upon which the stand is located before twelve year's approved plot plan assuming all other provisions of noon on July 15th of the year for which said permit is this ordinance are complied with. If two or more granted. The cash bond shall be returned to the applicant applications for new stand locations are within the upon full performance of the requirements of this chapter; minimum four hundred foot distance requirement of each 9. Approval fi.om the public works department ofthe other, preference shall be determined by a drawing city that operation at the fireworks stand at the proposed conducted by the city manager or his/her designee. location' will not present any substantial hazard to D. Except as expressly permitted by and in vehicular or pedestrian'traffic, accordance with the provisions of Chapter 12.44 of this code, the sale, offer to sell, advertising or display of 31 1 (~,d ~-02) 8.44.040 merchandise on any street or sidewalk in the city or roof of K. Each stand in excess of twenty-four feet in length the fireworks stand is prohibited, must have at least two exits. Each stand in excess of forty E. All retail sales of safe and sane fireworks shall be feet in length must have at least three exits. permitted only from a temporary fireworks stand and the L. Each stand shall be provided with not less than sale from any other building or structure is prohibited. The two 2A 10 BC-type fire extinguishers, underwriter sale of any other items or commodities (e.g., consumables) approved, in good working order and easily accessible for in conjunction with the sale of safe and sane fireworks is use/n case of fire. strictly prohibited. M.' No person shall light, or cause or permit to be F. No fireworks stand shall be located within one lighted, any fireworks or any other article 'or material hundred feet of any gasoline storage or gasoline pump or within any such stand, or within ,fifty feet thereof. any garage or within thirty feet of any other building, or N. No smoking shall be allowed in any stand, nor within four hundred feet of any .other fireworks stand, within fifty feet thereof. "No smoking" signs shall be when measured closest point to closest point, prominently displayed. G. Fireworks stands need not comply with the 0. All weeds and combustible material shall be provisions of the building code of the city except that the cleared from the location of the stand, including a distance building official shall have authority to require that stands of at least twenty feet surrounding the stand. be constructed in a manner which will reasonably ensure P. There shall be at least one adult in ~ttendance the safety of attendants and patrons. Fireworks stands may · during the open or sale hours of the fireworks stand. No utilize shading devices such as canopies or awnings for.the minor .under the age of eighteen shall be permitted in a convenience of patrons subject to the following stand. limitations: Q. All permits must be posted in a conspicuous i. The location and dimensions must be shown on place. the approved plot plan; R. Fireworks shall be sold only between the hours of 2. Cannot cover or Lmpede any public fights-of-way; twelve noon, July I st, to twelve noon on July 5th. 3. Must be free standing (not anchored or tied to any S. Permittee shall strictly comply with all provisions public property such as light or electrical poles); of the State Fireworks Law (Sections 12500 et seq. of the 4. Must not cover the booth or any portion thereof; Health and Safety Code). 5. Must meet all Uniform Fire Code specifications as T. The fireworks stand shall be removed from the adopted by the city, including flame retardancy and set- temporary location by twelve noon on July 15th, and all back requirements; accompanying litter shall be cleared from said location on 6. Must provide shade from the top only (no sides), or before said time. Banners, signs or other items on or hanging from the U. Night watchman accommodations shall not be awning or canopy are prohibited; closer than twenty-five feet from the fireworks stand. 7. May not reduce the number of parking spaces V. No fireworks shall be placed in any fireworks required by the traffic authority; and stand until a permit for such stand has been issued by the 8 Display or sale of f'u'eworks from the awning or city. canopy area is prohibited. W. Any person who receives a notice to correct any H. Fireworks stands shall be located only in a C-I violation of these regulations or any other condition of the zoning district or a zoning district less restrictive than C-l, permit, and who fails to correct such violation within the unless located upon property owned and occupied by a time prescribed in the notice, may be assessed a fee not church and/or school, which church or school is either a exceeding the city's cost of reinspection in accordance legal or legal nonconforminguse of such property, with Section 3.70.040 of this code. (Ord. 4042 § 3, 2002: I. All temporary stands for the display and sale of Ord. 3892 § 1, 1999; Ord. 3640 § l (part), 1995) fireworks shall obtain an electrical permit from the city building department, if electrical current is utilized or 8.44.050 Revocation. necessary. Any permit issued pursuant to this chapter shall be J. If a toilet is not immediately available during all immediately revoked by the city manager or his designee open or sale hours of the. fireworks stand, then an whenever he finds: approved chemical one must be provided. A. That misrepresentations were made on the appli- cation; or ~cnfictd ,~.o2) 312 8.44.050 B. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law. (Ord. 3640 § 1 · (part), 1995) 8.44.060 - Appeal. A. Should any applicant be dissatisfied with the decision of the city manager or his designee not to grant a permit or to revoke a permit, then said applicant may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the application, make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall-hear said objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to said hearing. The council may, upon said hearing, sustain, suspend or overrule the decision of the cit~ manager or.his designee, which decision shall be final and conclusive. 13. Pending the hearing before the council, the deci- sion of the city manager or his designee shall remain in full force and effect and any reversal.thereof by the cit~ council shall not be retroactive but shall take effect as of the date of the council's decisions. (Ord. 3640 § 1 (part), 1995) 312-1 (t~n~e~d 4-02)