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