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HomeMy WebLinkAbout03/06/2007• B A K E R S F I E L D Sue Benham, Chair ristine Bu a eld, Assistant City Manager David Couch For: Alan Tandy, City Manager Jacquie Sullivan MINUTES LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, March 6, 2007 - 1:00 p.m. City Manager's Conference Room -Suite 201 City Hall, 1501 Truxtun Avenue, Bakersfield, CA 1. ROLL CALL The meeting was Called to Order at 1:03 p.m. Present: Councilmembers Sue Benham, Chair; David Couch and Jacquie Sullivan 2. ADOPT JANUARY 30, 2007 MINUTES Adopted as submitted. 3. PUBLIC STATEMENTS None. 4. DEFERRED BUSINESS a. Update regarding the Community Prosecution Program - Gennaro City Attorney Ginny Gennarro gave a brief overview of the program and the statistical data provided in the monthly reports. The City Attorney's Office and Bakersfield Police Department will continue to monitor the program and its impact. Statistical data will be provided to the Council every three to four months. No action was taken by Committee at this time. AGENDA SUMMARY REPORT Page 2 LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, March 6, 2007 5. NEW BUSINESS a. Discussion regarding Smoking in the Parks -Hoover Recreation and Parks Director, Dianne Hoover gave an overview of the current California State law which prohibits smoking within 25 feet of any playground, play ground structure or tot lot sandbox area. In addition, this law prohibits smokers from discarding cigarette buds within 25 feet of any playground area. To make the public aware of this law, the Recreation and Parks Department cites the California Health and Safety Code section 104495 and the fines associated with this violation, in the front section of the City of Bakersfield Recreation and Parks Brochure. This brochure is mailed out three times a year to 100,000 homes in the City of Bakersfield. Chairperson Sue Benham requested that staff draft a letter to respond to the citizen whose complaint was referred to Committee. No action taken by Committee at this time. b. Discussion regarding One-Day Use Permits for Fireworks -Fraze Fire Chief Ron Fraze expressed his concerns regarding the request for One- Day Use Permits and the impact it would have on the new ordinance currently in place. The current ordinance requires vendors to have a permit and a licensed pyrotechnician to display their products. Changes to the current ordinance will not be necessary if the transactions are conducted between the vendor and anon-profit organization. Cost of a license pyrotechnician is roughly $350. City Manager Alan Tandy reiterated the potential of significant liability to the City should such a permit be granted to the public. City Attorney Ginny Gennaro distributed an email from Dennis Revell of TNT that was sent to the City Attorney's office and the City Manager's office regarding the City's restrictions on fireworks. Chief Ron Fraze agreed with Mr. Revell's letter and stated that working with vendors within the provision services will not require change to the existing policy. Committee member Couch requested Scott Allen of Phantom be allowed to address his concerns at the next scheduled meeting. Chief Fraze agreed to make contact and address any of Mr. Allen's concerns directly. No action was taken by Committee at this time. AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, March 6, 2007 5. COMMITTEE COMMENTS None. 6. ADJOURNMENT The meeting adjourned at 1:35 p.m. Page 3 Attendance: Staff: Alan Tandy, City Manager; John W. Stinson, Assistant City Manager; Christine Butterfield, Assistant City Manager; Rick Kirkwood, Management Assistant; Ginny Gennaro, City Attorney; Janice Scanlan, Assistant City Attorney; Kirk Blair, Deputy Fire Chief; Ron Fraze, Fire Chief; Ralph Korn, Risk Manager; Cheryl Perkins, Treasurer; Howard Wines, Hazardous Materials Specialist Attendance others: Dianne Hardisty, Bakersfield Californian; Jenny Shearer, Bakersfield Californian cc: Honorable Mayor and City Council S:\Council Committees\2007\07 Legislative&Litigation\Mar 6\March 6 Minutes.doc APPROVED APRIL 10, 2007