Loading...
HomeMy WebLinkAbout02/16/2005 B A K E R S F I E L D ~ ~ ZackScrivner, Chair Staff: Alan Christensen Sue Benham For: Alan Tandy, City Manager David Couch AGENDA SUMMARY REPORT SPECIAL MEETING LEGISLATIVE AND LITIGATION COMMITTEE Wednesday, February 16, 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 1:00 p.m. Present: Councilmembers Zack Scrivner, Chair; and Sue Benham Councilmember David Couch arrived at 1:25 p.m. 2. ADOPTION OF OCTOBER 18, 2004 AGENDA SUMMARY REPORT Adopted as submitted. (Councilmember Couch absent) 3. PUBLIC STATEMENTS 4. NEW BUSINESS A. Discussion and Committee recommendation regarding RV Parking on City Streets Assistant City Manager Alan Christensen provided an update. Last year the Legislative and Litigation Committee met and modified the ordinance to restrict vehicles from being parked in residential areas for no more than 72 hours then the vehicle must be moved at least 1/2 mile from where the notice of potential violation occurred. The amended ordinance was forwarded to the Council and adopted in June 2004. Councilmember Couch referred this issue back to the Committee due to calls he is receiving that violations are still occurring and requested a review into whether the 72-hour period and the distance are sufficient to prevent the illegal parking. LEGISLATIVE AND LITIGATION COMMITTEE AGENDA SUMMARY REPORT Wednesday, February 16, 2005 Page 2 Police Captain Bob Bivens explained there was an educational effort last fall and enforcement of the ordinance began in mid-November of 2004. The Police Department annually impounds approximately 4,000 vehicles including trailers. Year-to-date 265 vehicles have been impounded. Of the vehicles tagged to be moved 40 to 50 were motor homes. Only one of the motor homes was towed because it was not moved. The Police Department receives about 15 calls a day and responds as staffing allows. Committee Chair Scrivner asked staff if the regulations in the ordinance were made stiffer, would police staffing allow for more follow up and enforcement? City Attorney Ginny Gennaro expressed staffing is a valid concern. She had spoken with Committee Member Couch and he had the same concerns, but because of continued violations, wanted to review if there were anything that could be done to enhance the ordinance. The City Attorney explained under the new ordinance Police Officers have a wide range of discretion and can cite for an infraction, misdemeanor or vehicle code violation. The City's ordinance is in line with other cities in California. The ordinance has only been in the Code since June 2004 and more time may be needed to provide an ample opportunity to see how well it works. In response to a question regarding requiring recreational vehicles to be in the backyard behind screening or in an enclosure, the City Attorney responded if such an ordinance were adopted, the City is required to post legal signage. As the City has multiple entrances, the cost to put up the signs would be prohibitive. The Committee unanimously agreed to give the ordinance more time to see if enforcement is effective and if not, bring the issue back to the Committee for further review. (Councilmember Couch absent) B. Review and Committee recommendation regarding Illegal Posting of Signs Assistant City Manager Alan Christensen explained this was referred by Councilmember Hanson due to complaints he is receiving in reference to the illegal posting of signs on stop signs, light poles and in the City right-of-ways. For example: garage sale signs. The City has sufficiently strong ordinances in place restricting such activities. However, this is a code enforcement related activity, and code enforcement officers are responding to housing and other code violations with higher priority. With existing staff, there is little time left to monitor the posting of illegal signs. LEGISLATIVE AND LITIGATION COMMITTEE AGENDA SUMMARY REPORT Wednesday, February 16, 2005 Page 3 City Attorney Ginny Gennaro explained in order to cite for illegal posting, the officers must see the infraction taking place. Code Enforcement Officer Randy Fidler reported he had purchased special poles for Code Enforcement Officers to use to jerk down the signs, which has helped to cut down on the volume of illegal signs. However, with the construction boom, staff has not had ample time to monitor the posting of illegal signs. Randy Fidler stated if any Councilmember has a concern, just give him a call and he will make a special effort to get the signs down. As a response to Councilmember Hanson's referral, the Committee requested staff to write a memorandum to the Council clarifying the staffing issues. Also, include in the memorandum information regarding the special poles with hooks that were purchased by Code Enforcement to tear the signs down. (Councilmember Couch absent) C. Committee recommendations on date for next Committee meeting The Committee reviewed the draft calendar and approved the following Mondays at 1:00 p.m. March 14, 2005 April 11,2005 May 9, 2005 June 13, 2005 July 11,2005 August 8, 2005 October 17, 2005 November 7, 2005 The Committee unanimously adopted the meeting schedule. (Councilmember Couch absent) 5. COMMITTEE COMMENTS Committee Member Benham thanked both Code Enforcement and the Police Department for their efforts to enforce the ordinance regarding illegal flower vendors. 6. ADJOURNMENT The meeting was adjourned at 1:25 p.m. Staff present: City Manager Alan Tandy; Assistant City Manager Alan Christensen; City Attorney Ginny Gennaro; Development Services Director Stan Grady; Police Captain Bob Bivens; and Chief Code Enforcement Officer Randy Fidler S:~AC\05 Legislative&Litigation\05feb16agendasummary.doc