HomeMy WebLinkAbout02/24/2020
Staff: Committee Members:
Jacqui Kitchen, Assistant City Manager Councilmember, Chris Parlier – Chair
Councilmember, Andrae Gonzales
Councilmember, Jacquie Sullivan
Special Meeting of the
Legislative and Litigation Committee
of the City Council – City of Bakersfield
Monday, February 24, 2020
12:00 p.m.
City Hall North, First Floor, Conference Room A
1600 Truxtun Avenue, Bakersfield CA 93301
A G E N D A
1. ROLL CALL
2. ADOPT AUGUST 12, 2019 AGENDA SUMMARY REPORT
3. PUBLIC STATEMENTS
4. NEW BUSINESS
A. Discussion and Committee Recommendation Regarding Adoption of
the 2020 Committee Meeting Schedule – Kitchen
B. Discussion and Committee Recommendation Regarding Junk Vehicles
– Boyle/Burns
C. Discussion and Committee Recommendation Regarding Shopping
Carts – Iger/Gallardo King
5. COMMITTEE COMMENTS
6. ADJOURNMENT
B A K E R S F I E L D
Committee Members
Staff: Jacqui Kitchen Councilmember, Chris Parlier, Chair
Assistant City Manager Councilmember, Jacquie Sullivan
Councilmember, Andrae Gonzales
SPECIAL MEETING OF THE
LEGISLATIVE AND LITIGATION COMMITTEE
Monday, August 12, 2019
12:00 p.m.
City Hall North, First Floor, Conference Room A
1600 Truxtun Avenue, Bakersfield, CA 93301
AGENDA SUMMARY REPORT
The meeting was called to order at 12:00 p.m.
1.ROLL CALL
Committee members Present:
Councilmember, Chris Parlier, Chair
Councilmember, Andrae Gonzales
Councilmember, Jacquie Sullivan
City Staff:
Alan Tandy, City Manager
Chris Huot, Assistant City Manager
Brianna Carrier, Administrative Analyst III
Nathan Gutierrez, Management Assistant
Ginny Gennaro, City Attorney
Richard Iger, Deputy City Attorney
Jason Matson, Police Captain
Julie Johnson, Animal Control Executive Director
Others Present:
Members of the Public
2.ADOPT MARCH 18, 2019 AGENDA SUMMARY REPORT
The Report was adopted as submitted.
3.PUBLIC STATEMENTS
There were no public statements.
/S/ Chris Huot
DRAFT
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4.DEFERRED BUSINESS
A.Discussion and Recommendation Regarding Breeder Permits – Iger
Deputy City Attorney Iger provided a PowerPoint presentation regarding the
implementation of a breeder permit ordinance. The presentation included a
summarization of four possible ordinances that included: 1. updating the current
Bakersfield Municipal Code (BMC) animal laws; 2. Adoption a commercial kennel
ordinance; 3. Adoption of a breeder permit ordinance; and 4. Adoption of a
mandatory spay/neuter ordinance.
Committee member Sullivan inquired about the timeframe commercial kennels
would have to acquire a license to operate if an ordinance were adopted.
Deputy City Attorney Iger responded that commercial kennels who do not have a
license, would be required to acquire it immediately following adoption of the
ordinance by the City Council.
Police Captain Matson and Bakersfield Animal Care Center Director Johnson spoke
in support of the commercial kennel ordinance.
Committee Chair Parlier inquired about the difficulties related to police enforcement
of the possible ordinances.
Police Captain Matson responded that several challenges exist and that both the
breeder permit and mandatory spay/neuter ordinances would be the most difficult
to enforce.
Committee member Gonzales asked why the current policy was being updated. He
stated that he supported the update to policy and requested that language
requiring animals that are impounded more than once, be spayed or neutered prior
to the owner’s redemption be included in the update.
Deputy City Attorney Iger responded that updating the BMC was necessary to be
consistent with state law.
Bakersfield resident Michelle Vallejos made comments in support of adoption of a
breeder permit ordinance.
Committee Chair Parlier made a motion to present the update of current policy on
animal laws including the language requested by Committee Gonzales and the
commercial kennel ordinance to the full City Council for consideration. The motion
was unanimously approved.
Committee Chair Parlier directed staff to research the breeder permit ordinance
further and present the findings to the Committee at a later meeting.
5.COMMITTEE COMMENTS
6.ADJOURNMENT
The meeting adjourned at 12:51 p.m.DRAFT
Legislative and Litigation Committee Calendar
January 2020 Through December 2020
Legislative and Litigation Committee Meetings
12:00 p.m.
Budget Departmental Workshop 12:00 p.m.Holidays - City Hall Closed
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League of California Cities Mayors and Council Members Executive Forum - June 17 - 19, 2020
League of California Cities Annual Conference - October 7 - 9, 2020
OCTOBER NOVEMBER DECEMBER
APRIL MAY JUNE
JULY AUGUST SEPTEMBER
All meetings will be held at City Hall North, First Floor, Conference Room A
Approved: DRAFT
City Council Meetings
3:30 Closed Session 5:15 p.m. Public Session
Budget Hearing 06/05, Budget Adoption 6/28
JANUARY FEBRUARY MARCH
MEMORANDUM
February 19, 2020
TO: LEGITISLATIVE AND LITIGATION COMMITTEE
Chris Parlier, Chair
Andrae Gonzales
Jacquie Sullivan
FROM: Phil Burns, Building Director
THRU: Christopher Boyle, Development Services Director
SUBJECT: Junk Vehicle Ordinance
This item is in response to a referral made by Vice Mayor Parlier at the October 23, 2019 Council meeting.
Background
At the October 23, 2019 City Council meeting, Vice Mayor Parlier requests that the Municipal Code
regarding junk vehicles be discussed in the Legislation and Litigation Committee.
Staff Analysis
The issue of junk vehicles on resident’s property has been a difficult issue for Code Enforcement Officer’s
to address for years. This is a complex issue as our community does have quite a few car collectors that
work on their “prize possessions” in their garage or driveway. To frame the issue in simple terms, a couple
questions need to be answered:
1.What is an abandoned or junk vehicle?
2.We currently allow one junk vehicle with a fitted opaque cover at single family residences.
a.Should this practice continue?
b.If so, what exactly qualifies as a fitted opaque cover?
Ordinances relating to Abandoned, junk or inoperable vehicles of the 13 Comparable cities ordinances
were reviewed and summarized by staff as depicted in Exhibit A. The City of Bakersfield’s ordinance is
considerably in line with the other jurisdictions with a couple small differences.
The Bakersfield Municipal Code (BMC) defines an “Abandoned or Junk Vehicle” as follows:
PB
Legislative and Litigation Committee
Junk Vehicle Ordinance
February 19, 2020
Page 2
10.64.040.A. “Abandoned or junk vehicle” means a vehicle or any major portion thereof which is
incapable of movement under its own power and will remain so without major repair.
10.64.040.B. “Major repair” means the removal from any vehicle of a major portion thereof
including, but not limited to, the differential, transmission, head, engine block, or oil pan.
The BMC states that an “Abandoned or Junk Vehicle” shall be stored as follows (emphasis added):
10.64.020.A. It is unlawful for any person to maintain an abandoned or junk vehicle on public
or private property in such a manner that the vehicle is visible to the general public; provided,
however, that this section shall be inapplicable to a vehicle or part thereof which is stored or
parked in a lawful manner on private property in conjunction with the business of a licensed
dismantler, licensed vehicle dealer, lawful junkyard, vehicle repair business or school training
program; further provided, that this section shall be inapplicable to one such vehicle parked on
any paved surface of any single‐family residence; provided, that such vehicle, except for such
times as one or more persons are present and working on such vehicle, is covered by a fitted
opaque cover and no vehicle parts or tools are visible.
Common Issues Related to Enforcement
Code Enforcement receives many complaints regarding “Abandoned or Junk vehicles" in the driveway of
single family residences. The majority are related to property maintenance like car covered with dust and
spider webs or a flat tire or two. These instances do not rise to the standard of an “Abandoned or Junk
vehicles".
In some cases it is difficult to determine if the vehicle is operable. Many times from a visual perspective
the vehicle appears to be completely assembled and a conversation with the owner is necessary to verify
in many instances. The issue of the fitted opaque cover is another complaint Staff receives as many
property owners purchase various colored tarps and use “bungee cords” to ensure a tight fit.
Therefore, Staff offers the following recommendations:
Potential Municipal Code Revisions:
1.The definition of an “Abandoned or Junk vehicles" could be simplified to remove the “major repair”
reference from the current ordinance and include inoperable per some other municipalities. Not sure
if this change would make any actual difference in the outcome of enforcement.
2.Further define the “fitted opaque cover” to be a neutral earth tone in color and specifically not a
tarpaulin. This would at least remove the blue and silver tarpaulins that are used in many
neighborhoods.
Exhibit A
Summary of Comparable Cities ‐ Junk, Abandoned and Inoperable Vehicles
Definition "Junk,
Abandoned Vehicle""Inoperative"
Number Allowed
(Residential Zone) Conditions if allowed
Bakersfield
a vehicle or any major
portion thereof which is
incapable of movement
under its own power and
will remain so without
major repair. Major repair
means removal from any
vehicle a major portion
thereof including but not
limited to, the differential,
transmission, head, engine
block or oil pan.
see abandoned or junk
vehicle 1
Completely within a
building where not visible
from public; one such
vehicle parked on a paved
surface of any single family
residence; provided that
such vehicle is covered by
fitted opaque cover and no
vehicle parts or tools are
visible. Otherwise by
zoning.
Fresno
Inoperative, wrecked,
dismantled, abandoned
(1) mechanically incapable
of being driven (2)
prohibited from being
operated on the street VHC
4000,5002,24002, 40001 0 Only in Permitted Zones
Riverside
Abandoned vehicle means
a vehicle considered to be
left on a highway, public
property, or private
property in such inoperable
or neglected condition that
the owners intent to
relinquish all further rights
of interest in it may be
reasonably concluded…
means incapable of being
driven.
States "a vehicle or part
there of"
Completely within a
building where not visible
from street or other private
property, Otherwise by
zoning.
Stockton
Inoperative, wrecked,
dismantled, abandoned
Not currently registered or
prohibited from being
operated on the street
commencing at VHC 4000 1
Completely within a
building where not visible
from street or other private
property, Otherwise by
zoning.
San Bernardino
Inoperative, wrecked,
dismantled, abandoned
States "a vehicle or part
there of"
Completely within a
building where not visible
from street or other private
property, Otherwise by
zoning.
Page 1 of 3
Definition "Junk,
Abandoned Vehicle""Inoperative"
Number Allowed
(Residential Zone) Conditions if allowed
Modesto
Inoperative, wrecked,
dismantled, abandoned
(1) mechanically incapable
of being driven because
missing any part essential
for movement or such
parts are broken or
defective (2) prohibited
from being operated on the
street VHC
4000,5002,24002, 40001
list 3 exceptions could have
multiples depending on
location etc.
Completely within a
building where not visible
from street or other private
property, behind 5' solid
fence, under carport
covered by tarpaulin or
similar covering.
Otherwise by zoning.
Oxnard
Inoperative, wrecked,
dismantled, abandoned "A vehicle or parts thereof"
A vehicle or parts thereof
that is completely within an
enclosed structure or that
is located behind a solid
fence six foot or more in
height and not visible from
public or private property.
Otherwise by zoning.
Ontario
Wrecked or otherwise
disabled or abandoned
except in case of
emergency and in no event
for a period longer than
five (5) days.
fully enclosed space,
carport, garage, or
approved wrecking yard
Fremont
Abandoned, Inoperable,
Dismantled or Wrecked.CVHC 22660‐22664
No limit but must meet
location requirements
Completely within a
building where not visible
from street or other private
property, Otherwise by
zoning.
Glendale
Inoperative, wrecked,
dismantled, abandoned
(1) mechanically incapable
of being driven (2)
prohibited from being
operated on the street VHC
4000,5002,24002, 40001 "A vehicle or parts thereof"
Completely within a
building where not visible
from street or other private
property, Otherwise by
zoning.
Pasadena
The Accumulation and
storage of abandoned,
wrecked, dismantled or
inoperable vehicle or parts.
VHC 4000,5002,24002,
40001
No limit but must meet
location requirements
Completely within a
building where not visible
from street or other private
property, Otherwise by
zoning.
Page 2 of 3
Definition "Junk,
Abandoned Vehicle""Inoperative"
Number Allowed
(Residential Zone) Conditions if allowed
County of Kern
Wrecked, Dismantled or
inoperative vehicle ‐ "WDI"
(County defines vehicle
broad to include cars,
trucks, rv's, trailers, water
craft on or off its hauler...
WDI= Vehicle or any
significant collection of
vehicle parts incapable of
movement or being hauled
by the mean for which it
was designed with its own
power or otherwise will
remain so without major
repair or assembly. 2) such
vehicle not having all
licenses required by the
state of California...1*
One visible from right of
way with specific
exceptions otherwise has
to be screened from ROW.
County of Tulare
Abandoned, Inoperable,
Dismantled or Wrecked. CVHC 22660‐22664
No limit but must meet
location requirements
Completely within a
building where not visible
from street or other private
property, Otherwise by
zoning.
County of Fresno
Abandoned, Inoperable,
Dismantled or Wrecked.
(1) mechanically incapable
of being driven (2)
prohibited from being
operated on the street VHC
4000,5002,24002, 40001
Garage or Carport, can not
be a public Nuisance
Garage or Carport, can not
be a public Nuisance
Page 3 of 3
Documents
Presented At The
Legislative and
Litigation
Committee
February 24, 2020
Meeting
Legislative and Litigation Committee –Feb 24, 2020
City Council Referral
(Ward 7)
City Council Committee Meeting
Legislative & Litigation
Junk Vehicles
Background
Background
At the October 23,2019 City Council meeting,
Vice Mayor Parlier requests that the Municipal
Code regarding junk vehicles be discussed in the
Legislation and Litigation Committee.
Current Regulation
What is an Abandoned or Junk Vehicle ?
The Bakersfield Municipal Code (BMC)defines an “Abandoned or Junk
Vehicle”as follows:
10.64.040.A.“Abandoned or junk vehicle”means a vehicle or any
major portion thereof which is incapable of movement under its own
power and will remain so without major repair.
10.64.040.B.“Major repair”means the removal from any vehicle of a
major portion thereof including,but not limited to,the differential,
transmission,head,engine block,or oil pan.
Current Regulation
Where are Abandoned or Junk Vehicles allowed to be stored ?
The BMC states that an “Abandoned or Junk Vehicle”shall be stored as follows
(emphasis added):
10.64.020.A.It is unlawful for any person to maintain an abandoned or junk
vehicle on public or private property in such a manner that the vehicle is
visible to the general public;provided,however,that this section shall be
inapplicable to a vehicle or part thereof which is stored or parked in a lawful
manner on private property in conjunction with the business of a licensed
dismantler,licensed vehicle dealer,lawful junkyard,vehicle repair business or
school training program;further provided,that this section shall be
inapplicable to one such vehicle parked on any paved surface of any single-
family residence;provided,that such vehicle,except for such times as one
or more persons are present and working on such vehicle,is covered by a
fitted opaque cover and no vehicle parts or tools are visible.
Junk Vehicles
Some Abandoned or Junk Vehicles are obvious
Neighborhood Situations
Some Various Situations Encountered
Cover Situations
Examples of Some Vehicles with Covers
Potential Revision
Potential Municipal Code Revisions
The definition of an “Abandoned or Junk vehicles"could be
simplified to remove the “major repair”reference from the
current ordinance and include inoperable per some other
municipalities.Not sure if this change would make any actual
difference in the outcome of enforcement.
Further define the “fitted opaque cover”to be a neutral earth
tone in color and specifically not a tarpaulin.This would at least
remove the blue and silver tarpaulins that are used in many
neighborhoods.
Next Steps
Questions and Direction
End
Shopping Cart
Ordinance
February 24, 2020
Viridiana Gallardo-King
Deputy City Attorney
Introduction
•Late 2019-Councilmember Rivera referral re:
abandoned carts to Legislative and Litigation
Committee
•In 2013 and 2017 –City Council asked staff to
research issues with abandoned shopping carts
–City dealt with abandoned carts on a complaint basis
–There was a local app (cartsnap) where one could
report abandoned carts (*no longer in existence)
Introduction
•Today we will discuss:
–Current state shopping cart laws
–Our ordinance
–Options
State Shopping Cart Law
•Business & Professions Code 22435-22435.8
prohibits the removal of shopping carts from a
parking lot or other premises of a business
•Requires owner to identify its ownership interest.
(ie. giving notice to public that shopping cart
removal is prohibited)
Steps to Take: Notice
•The cart owner must place a permanent sign on
each shopping cart that:
1.Identifies owner of the cart or the retailer or both
2.Notifies public of the procedure for authorized
removal of a cart
3.Notifies public that unauthorized removal or
unauthorized possession of a cart is a violation of
State law (misdemeanor)
4.Lists a valid telephone number or address for
returning the cart to the owner
City Shopping Cart Law
•Chapter 9.28 of BMC is similar to State Code
(Business & Professions Code 22435 -22435.8)
‒Does not require the businesses telephone number or
address to be listed
When Notice Is Given
•State and local laws penalize the
individual who takes the shopping cart
–Can be charged as a misdemeanor or
infraction (wobbler)
•Despite current law, abandoned shopping
carts continue to be seen throughout the
City of Bakersfield
When Notice Is Not Given?
•Business owner cannot claim ownership of
the cart
•No one is held responsible for maintaining
the cart
•Cannot cite the person that took the cart
Other Approaches
•Cities have updated their ordinances and added
the following:
–A containment and/or retrieval provision that requires
business owners to submit plans to City
–Is usually triggered by the number of shopping carts
the business owner supplies
NOTE: The provisions hold the business
owners accountable for abandoned carts
Provisions Defined
•Containment Provision-provides specific
measures a business owner must implement to
prevent cart removal from their business premises.
The measures typically include any of the following:
–Disabling devices on all shopping carts which prevent
removal
–On-site security guard to act as a deterrent
–Installing bollards or chains around the business premises
–Signs affixed to each cart (B & P Code 22435 -22435.8)
–Employee training concerning containment provision
Provisions Defined
•Retrieval Provision-requires a plan for the retrieval
of lost, stolen or abandoned shopping carts. The
measures typically include any of the following:
–Hire cart retrieval personnel. Can be an employee or
independent contractor
–Prompt retrieval of carts (within 24 hours, depending on
the location of the cart)
–Monthly reports to the City regarding retrieval statistics ie.
# of lost, stolen and retrieved carts
–Daily cart confinement at the end of each day
Top 10 Cities
City
Shopping
Cart
Ordinance?
Triggered
by
Type: Containment, Retrieval , state
mandate, or other?
Timeframe to
Implement?
Who enforces
the provisions?
Los Angeles
Grandfather clause
Yes
(2012)
6 or more
carts
Containment for new retail establishments
or major remodel retail establishment
Within 30 days of
effective date of the
ordinance
Building Dept.
San Diego No N/A Rely on state mandate N/A N/A
San Jose Yes
(2001)
26 or more
carts
Containment & retrieval
**
Within 30 days of
effective date of the
ordinance
Community Dev.
Dept. Director
San Francisco Yes
(2005)
N/A Rely on state mandate N/A Public Works
Dept.
Fresno Yes
(2014)
26 or more
carts
Containment & retrieval; EXCEPTION: No
retrieval policy if business has contract with
qualified retrieval service
**
Within 30 days of
effective date of the
ordinance
Building Dept.
Long Beach Yes
(2007)
Any # of
carts
Containment. EXCEPTION: business has
contract with qualified retrieval service
Within 30 days of
effective date of the
ordinance
Building Dept.
Sacramento Yes
(2002)
Any # of
carts
Containment & retrieval. EXCEPTION: No
retrieval provision if business has contract
with qualified retrieval service
**
Within 90 days of
effective date of the
ordinance
Building Dept.
Oakland No N/A Rely on state mandate N/A N/A
Bakersfield Yes N/A Other N/A N/A
Anaheim Yes
(2006)
6 or more
carts
Containment OR Retrieval Existing businesses
have 120 days to comply
New businesses must
comply immediately
Community
Develop.Dept.
Survey Cities
City
Shopping
Cart
Ordinance?Triggered by
Type: Containment, Retrieval,
state mandate, or other?
Timeframe to
Implement?
Who enforces
the provisions?
Riverside Yes
(1999)
1.Any # of cart for
an existing
business
2.10 carts for new
business, new
owner, and new
construction
Containment & retrieval
**
Within 30 days of
effective date of the
ordinance
(for all businesses)
Public Works
San Bernardino Yes
(1999)
N/A Rely on state mandate N/A N/A
Stockton Yes
(2012)
Any # of cart Containment; retrieval provision is
permissive, not required
Within 60 days of
effective date of the
ordinance
Community Dev.
Dept. Director
Fremont No N/A Rely on state mandate N/A N/A
Modesto Yes
(2008)
Any # of cart Must contract with a cart retrieval
service
Within 60 days of
effective date of the
ordinance
Building Dept.
Oxnard Yes N/A Rely on state mandate N/A N/A
Glendale Yes
(2005)
Any #of cart Retrieval; (must contract with a
cart retrieval service)
Within 30 days of
effective date of the
ordinance
Community Dev.
Dept.
Santa Monica No N/A Rely on state mandate N/A N/A
Tehachapi Yes
(2014)
10 Containment &retrieval
**
Existing businesses have
120 days to comply
New businesses must
comply immediately
Building Dept.
Do Containment and/or Retrieval
Provisions Work?
•Mixed Results:
̶Some cities get pushback every year from local
businesses since they are required to pay an
annual containment or retrieval fee
̶Other cities:
Do not enforce the ordinance/no statistics available
Only deal with shopping carts on a complaint basis
Contract with a cart retrieval company to pick up
carts
Sample Contracts With
Retrieval Companies
Annual Contract
Amount
Cost per Cart Total # of carts retrieved
per year
$2,500 $3.50 714
$5,000 $3.50 1,428
$7,500 $3.50 2,142
$10,000 $3.50 2,857
$12,500 $3.50 3,571
Do Containment and/or Retrieval
Provisions Work?
–All cities surveyed continue to find unidentified
carts that they ultimately destroy
Unable to trace the cart to the owner or business
–CA Grocers Association: recommends that
an ordinance have both containment and
retrieval provisions because
Containment provision is proactive
Retrieval provision provides a solution once cart is
taken
How Would The Provision(s)
Work?
•Retrieval
and/or
Containment
•A designated
department
would enforce
provision(s)
City
Council
would
amend
ordinance
and add
provision(s)
How Would The Provision(s)
Work?
•Create
application
•Apply directly
with Dept.
approve/deny
•Pay annual fee
for provision(s)
A City
Dept.
How Would The Provision(s)
Work?
•Dedicate staff to
oversee
businesses
•Issue warnings
and admin.
citations if
provision(s)
violated
Dept.'s
Responsibility
Current Services Available
•BC Shopping Cart Service
–Local cart service
–Charges $5 per cart; has direct contracts w/business
•RMS, Inc.
–Requires a service contract; charges $3.50 per cart
–Call 1-888-992-4778 retailsolutionsus.com
Options
1.Maintain status quo and continue to
respond to abandoned carts by complaint
2.Amend ordinance by adopting containment
and/or retrieval provisions
3.Enter into agreement w/cart retrieval
company
Questions