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Home My WebLink About12/16/1999 BAKERSFIELD David Couch, Chair Patricia J. DeMond Jacquie Sullivan Staff: Trudy Slater REGULAR MEETING NOTICE LEGISLATIVE AND LITIGATION COMMITTEE of the City Council - City of Bakersfield Thursday, December 16, 1999 1:30 p.m. City Manager's Conference Room Second Floor- City Hall, Suite 201 1501 Truxtun Avenue, Bakersfield, CA AGENDA 1. ROLL CALL 2. ADOPT NOVEMBER 4, 1999 AGENDA SUMMARY REPORT 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS None 6. NEW BUSINESS A. REVIEW AND COMMITTEE RECOMMENDATION REGARDING THE USE OF ELECTRIC BICYCLES ~ON THE BIKE PATH B. REVIEW AND SET COMMITTEE CALENDAR FOR 2000 7. COMMITTEE COMMENTS 8. ADJOURNMENT L&L~AGN991216 DRAFT BAKERSFIELD David Couch, Chair Patricia J. DeMond Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Special Meeting Thursday, November 4, 1999 1:30 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:35 p.m. Members present: Councilmember David Couch, Chair Councilmember Patricia DeMond Councilmember Jacquie Sullivan 2. ADOPT SEPTEMBER 30, 1999 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC-STATEMENTS None DRAFT Agenda Summary Report Legislative and Litigation Committee November 4, 1999 Page 2 4. DEFERRED BUSINESS A. CONSIDERATION AND COMMITTEE RECOMMENDATION REGARDING POLICY ISSUES RELATING TO EDITING AND TRANSMITTING TELEVISION BROADCASTS OF CITY COUNCIL MEETINGS KGOV Station Manager Rick Davis explained that timing issues had been worked out with City staff regarding televising live Council meetings as well as rebroadcasting of meetings. Generally, live City and County transmissions will have priority over rebroadcasts and unutilized air times will be shared equally. Mr: Davis agreed that the City would have air time from 5:00 p.m. Wednesdays through the end of Council meetings, even though they may last late into the night or even early morning. The KGOV policy used successfully by the County of Kern was reviewed by the Committee to see if it would be applicable to meet the City's needs. City Clerk Pamela McCarthy explained the City's procedures for addressing public statements were more flexible than the County's and occasionally allowed, with Mayoral approval, individuals to speak on a public hearing issue during the public statements portion of the agenda. This would present a problem if public statements were eliminated during rebroadcasts. Committee members agreed that City Council procedures should not be changed to accommodate a programming and use policy. The Committee agreed unanimously that live broadcasts should be televised "gavel to gavel" without edit. Rebroadcasts would also be televised without edit. The KGOV policy will be revised to include these guidelines. The revised policy will be forwarded to Council for approval. Public Works Director Raul Rojas indicated that staff and related costs pertaining to televising Planning Commission or other meetings had not been included in the current budget. Committee members felt that televising of Planning Commission meetings was an issue that needed to be addressed during the next budget cycle. At this point, only Council meetings would be televised. It was further agreed that live broadcasts of Council meetings would include Council workshops and that filler material would be aired in the time lapse between the workshops and the Council meetings beginning at 7:00 p.m. The time lapse (filler) material used between the workshops and Council meetings would be removed during rebroadcasts. Agenda Summary Report Legislative and Litigation Committee November 4, 1999 Page 3 5. NEW BUSINESS A. REVIEW OF PROPOSED ORDINANCE AND COMMITTEE RECOMMENDATION REGARDING AMENDING CHAPTER 6.04 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO ANIMAL CONTROL AND REGULATION OF DOGS Administrative Analyst Trudy Slater indicated that recommendation by the SPCA to' review certain sections of the City's existing ordinance had resulted in a total rather than piecemeal review. Deputy City Attorney Virginia Gennaro explained that a section within the State's Food and Agriculture Code made vicious or potentially dangerous dogs a statewide concern, superseding local control. The changes proposed in Chapter 6.04 and the addition of Chapter 6.05 complied with the State's Food and Agriculture Code. Response times for issuance of as well as appeals of potentially dangerous and vicious dog orders are considerably shorter than currently used (10 days as opposed to 30 days). Since the City Council-appointed Vicious and Dangerous Animals (VDA) Administrative Review Board will be unable to realistically accommodate the new time restraints, the appointment of the City Manager or his designee as a hearing officer was recommended. The Committee unanimously agreed with the proposed changes and addition to the City's Municipal Code and directed staff to forward thereto Council for approval. Upon implementation of the proposed changes, the Mayor will be asked to forward a letter' to the board members thanking them for their service to the City. 6. ADJOURNMENT The meeting adjourned at 2:35 p.m. Staff Attendees: Administrative Analyst Trudy Slater, City Clerk Pamela McCarthy; City Attorney Bart Thiltgen, Deputy City Attorney Virginia Gennaro; Public Works Director Raul Rojas, Telecommunications Coordinator Mel Perry Other Attendees: KGOV Station Manager Rick Davis; SPCA Director Executive Jim Renshaw, SPCA Animal Control Lieutenant David Paquette (P:~&L~.991104.MIN) MEMORANDUM August 16, 1999 TO: BART J. THILTGEN, City Attorney / /, FROM: GINNY GENNARO, Deputy City Attorn,~K~l;~""(~ SUBJECT: Motorized Bicycle ISSUE: Is it unlawful for an e-bike to use the Kem River Bicycle Trail'(herein "bike path")? CONCLUSION:. Yes. ANALYSIS: The attached documents were supplied by Mr. Northway of Ford Motor CompanY and descdbe an "e-bike." In response to the e-mail to Alan Tandy from Kyle Northway, I researched whether it is lawful to dde an e-bike on the bike path. The bike path is also considered to be within a park (Yokuts Park). · .-.- First, it is necessary to define an e-bike. Under Bakersfield Municipal Code (BMC) section 12.56.050(F), motor vehicles are not allowed in parks. Thus, if the e-bike is considered a motor vehicle, the use of the e-bike would be unlawful. The BMC does not define motor vehicle. However, BMC section 10.08.010 incorporates state Vehicle Code definitions if a word is not otherwise defined in the BMC. To that extent, California Vehicle Code section 415 defines a motor vehicle as: a. A "motor vehicle" is a vehicle that is self-propelled. b. A "motor vehicle" does not include a self-propelled wheelchair, invalid tricycle, or motorized quadricycle when operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian. BART J. THILTGEN, City Attorney August 16, 1999 Page 2 Vehicle Code section 406 defines a motorized bicycle or moped as: a. A "motorized bicycle" or"moped" is any two-Wheeled or three-wheeled device .having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor which produces less than 2 gross brake horsepower and is capable of propelling the device at a maximum sPeed of not more than 30 miles per hour on level ground. b. A "motorized bicycle" is also a device that has fully operative pedals for propulsion by human power and has an electdc motor that meets all of the following requirements: (1) Has a power output of not more than 1,000 watts. (2) Is incapable of propelling the device at a speed of more than 20 miles per hour on ground level. (3) Is incapable of further increasing the speed of the device when human power is used to propel the motorized bicycle faster than 20 miles per hour. (4) Every manufacturer of motorized bicycles, as defined in this subdivision, shall provide a disclosure to buyers that advises buyers that their existing insurance policies may not provide coverage for these bicycles and that they should contact their insurance company or insurance agent to determine if coverage is provided. c. The disclosure required under paragraph (4)of subdivision (b) shall meet both of the following requirements: (1) The disclosure shall be pdnted in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure. (2) The disclosure shall include the following language in capital letters: "YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS BART J. THILTGEN, City Attorney August 16, 1999 Page 3 INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.' Based on the e-bike specifications outlined in the brochure provided by Mr.. Northway, and the above parameters in the Vehicle Code, it appears that the e-bike is a motorized bicycle. Therefore, its use in any city park.is unlawful under 12.56.050(F). Moreover, Vehicle Code section 21207.5 states the following with regard to a motorized bicycle: No motorized bicycle may be operated on a bicycle path or trail, bikeway, bicycle lane established pursuant to Section 21207, equestrian trail, or hiking or recreational trail, unless it is within or adjacent to a roadway Or unless the local authority or the governing body of the public agency having jurisdiction over such path or trail permits, by ordinance, such operation. (Emphasis added.) Chapter 10.80 of the BMC deals specifically with the Kern River Bicycle Trail. 10.80.030 states: It is unlawful for any person to operate any motorized vehicle, .including, but not limited to, any motor vehicle, motorized cycle, or motorized off-road vehicle, on the Kern River Bicycle Trail. (Ord. 3113 § 3, 1987: pdor code § 11.20.040.) As suCh, the use of the e-bike on the bike path is also unlawful under 10.80.030 of the BMC. If City Council desires to allow motorized bicycles on the bike path, both 10.80.030 and 12.56.050 need to be amended. With this research, please let me know how you wish to proceed. GG:cj Attachments cc: Allen Abe, Assistant Recreation and Parks Director (wi encl.)~ S ?~PARKS~VlEMOS~'lotorBikeMmo.wpd CITY AFl'OR, NEY . / Bart J. Thiltgen · ~ . , , ..:,~. ASSISTANT CITY A'I~OP,~IEyS Ala~ D. Daniel Allen M. Shaw Waiter H. Port, .[r. Michael G. Al{ford c.., H..,a.d.,I, CITY OF BAKERSFIELD DEPUTY CITY AI'I'OR.NEYS Janicc Scanian OFFICE OF THE CiTY A'I'I'ORNEY Virginia Gennaro 150 ! TRUXTUN AVENUE Andrew C. Thomson BAKERSFIELD, CA ':)3301 ADMIN[STRATIYE ASS[STANT TELEPHONE: 661-326-3721 Lori A. Aguilar FACSIMILE: 661-852~2020 August 18, 1999 Kyle Northway Advertising/Marketing Manager Jim Burke Ford & Lincoln-Mercury 2001 Oak Street Bakersfield, California 93301 Re: Bike Path and E-Bike Dear Mr.. Northway: Pursuant to your request, our office researched the issue of whether an e-bike may be used on the Kern River Bicycle Trail. Based upon the information in the e-bike brochure and the definitions provided by the California Vehicle Code, we believe that the e-bike is a "motorized bicycle." Under Section 10.80.030 of the Bakersfield Municipal Code, motorized bicycles are not allowed on the Kern River Bicycle Trail. In addition, Section 12.56.050(F) forbids the use of motorized vehicles in parks. We have enclosed copies of these sections for your review. At this point in time, City staff and the Kern River ParkwaY Foundation are not inclined to recommend a change in the above ordinances. However, if you would like to pursue the matter, you may want to consider writing to your Councilmember or speaking at the public statement portion of a City Council meeting and asking that the issue be referred to a Council committee for consideration. Kyle Northway August 18, 1999 Page 2 Of course, should you have any further questions or wish to discuss the matter further, please feel free to call. Very~, .~ ~- ~V,I~G I N i A/C-,-,-~ NN A R O I:~puty ~ty Attorney ' VG:cj Enclosures cc: Alan Tandy, City Manager Bart J. Thiltgen, City Attorney Gene. Bogart, Water Resources Manager Allen Abe, Assistant Recreation and Parks Director Ron Brummett, President - Kern River Parkway Foundation S:\PARKS\LETTERS\NorthwayLtrl .wpd C~T~ Bart J. Thiltsza Cl{lirF ASSISTANT C~ A~O~EY R~ M. S~ ~1~ C~ A~O~EYS ~ M. S~w W~ H. Porn ~1 G. AHfo~ c~.~.,,, CITY OF B~RSFIELD ~EP~ C~ A~O~EYS ]mic~ ~lm OFFICE OF T~E CI~ ~in~ ~ I~1 TRU~ AVENUE ~ C. ~n BAKE~FiE~, CA 93~1 A~I~TIVE ~IST~ ~LEPHONE: ~1-32&3~1 · ~ ~ A~i~ FACSIMI~: ~1 August 16, 1999 Ron Brummett Kem Cog 1401 - 19th Street, Suite 300 BakerSfield, California 93301 Re: Bike Path and E-Bike Dear Mr. Brummett: Thank you for taking the time to speak with me concerning the above matter. As requested, I have enclosed several brochures on the e-mail bike for the Kern River Parkway Foundation, as well as a copy of Chapter 10.80 of the Bakersfield Municipal Code. As you can see, 10.80.030 specifically prohibits motorized bicycles on the Kern River Bicycle Trail. Based on our telephone conversation, it is my understanding that the Kern River Parkway Foundation is not in favor of changing this ordinance at this time. If and when the Foundation feels differently, please give me a call. Thank you for your time in this matter. Of.~c~qrse, should you have any further questions, please feel free to call. // Ve~/t~'uly y D~lSuty Cit~,A~oi'ney VG:cj Enclosures cc: Alan Tandy, City Manager Bart J. Thiltgen, City Attorney 10.80.010 Chapter 10.~0 10.~0.0~0 Pedestrian uses prohibited or KERN RIVER BICYCLE TRAI~ A. It is unlawful for any person to ride or operate s~,,.'boards, scooters, or other similar nonmotorized Sections: equipment on the bicycle trail, 10.80.010 Definitions. B. Eve~ pedestrian walking, roller-skating,jogging I0.~0.020 Who rosy me ~ or running upon the bicycle trail shall yield thc right-of- 10.80.030 Motor vehicles prohibited, way to all bicycles upon the bicycle trail so near as to 10~).040 Horseb~k riding ami certtgn constitute an immediate bs~ _~d. (Ord. 3559 § 1, 1994: otlw. r uses by animals prol~ Ord. 3113 § ~ (pan), 19K7: prior code § 11~).070) 10.~).0~ Pedestrian uses proMbRed or re,. ~tcted. 10~0.060 ~zceptiom. 10.80.060 Exceptlem. The~ shall be excepted from the lwohibitiom in this htV~ ~ ~ninp I~ ~ fOt~ h ~ ~ & ~iC ~ or ~ ~l~b~l~ ill t~ A. "Bicycle' means & devi~ upuu which any [msou of his duties, is excel~d. ma), ride, propelled exclusiv~ bl human puwc~throu~h B. An)' motor vehicle or motorized vehicle, while rubber-clad wheels in a tande~n or tricycle mugemfmt, poses of maintenance, lx)licin8 or law enforcement, is B. Tbe"Kn~ Rivor Bicyc~ Trail between Stockdde 'excel~d. IEghway and Manor S~ ~ to ~ aru in the city, C. Any public officer or public employee, while mor~ lXtflicuie~ delincefed and dcscn'bed u · bio~le engaged in meintemnce, pulicins or law enforcement, is trail in th~ Alignment Plat dated April 10, 19'75, as excepu~ amended, ideatificd u 6-1 la Cal.St. Bak. CoL M-L F~.M D. Any officer, employee, or agent of lh~ ownor of Io astheKcm River Bicycle Trm'L (Ord. 3113 § 1, 1987; 3113 § $ (.Dart), 1987; prior code § 11.20.080) Irior code § 11.20.040) 10.80.020 Who may use trah. The Kern River Bicycle Tru'l dan be used exclusively by those memben of ~ public ridins bicycles, eacept as othn-wi~ provided in ~b chalet. (Ord. 3113 § 2, 1987; prior code § 11,~0.030) 10.80,030 Motor vehides prohib#td. It is unlawful for any person to opcxnte any motorized vehicle, including, but not llmi~zd to, any motc~ vehicle, Ke~n River Bicycle Trail. (Ord. 3113 § 3, 1987: IX'lot cc~ § 11.2o.o4o) 10.80.040 Horseback ~ and ~ other uses by animals prohibited. It is unlawful for any person to ride nny hors~ or other animal, or to drive, lead or release any horse or any other Oquil~ ani~ Of any boviflc ~ or to o[xT&t~ nny vehicle or equipment drawn or propelled by an animal, on the Kern River Bicycle Trail (Ord. 3113 §§ 4, $ (part), 198'/: prior code § 11.20.060) 401 ~ITY A~I'ORN EY Bart J. ThHtgen CHIEF ASSISTAN'I' CITY ATTORNEY ASSISTANT CITY ATTORNEYS Alan D. Daniel Allen M. Shaw Wait~ H. Port, Jr. Mich'! G. Allford c~ .~,,a.,,, CITY OF BAKERSFIELD DEPUTY CITY ATTOI~NEYS Janic¢ Sc. anlan OFFICE OF THE CITY A~"FORNEY Virginia Gennaro 1501 TRUXTUN AVENUE Andrew C. Thomson BAKERSFIELD, CA 93301 ADMINISTRATIVE ASSISTANT TELEPHONE: 661-326-3'/21 Lori A. Aguilar FACSIMILE: 661-852-2020 August 6, 1999 Kyle Northway Advertising/Marketing Manager Jim Burke Ford & Lincoln-Mercury 2001 Oak Street Bakersfield, California 93301 Re: Bike Path and E-Bike Dear Mr. Northway: This letter is written in response to your e-mail message to our City Manager dated August 2, 1999. Pursuant to your request, please find enclosed a copy of Bakersfield Municipal Code section 12.56.050 which outlines prohibited acts in parks. As you can see, Section F of this section prohibits the use of any motorized vehicle within a City park. This includes the bike path. If you' would like to get together to discuss this situation, please give me a call at your convenience. Discussions concerning modification of the ordinance, to allow motorized vehicles on the bike path, should include representation from the City Attorney's office, Recreation. and Parks, the Water Department and also the Kern River Parkway Foundation since they all play an integral role in that area. Very~~ours, o ~ VG:cj Enclosure cc: Alan Tandy, City Manager Bart J. Thiltgen, City Attorney Gene Bogart, Water Resources Manager ~ ,, Allen Abe, Assistant Recreation and Parks Director Ron Brummett, President - Kern River Parkway Foundation 12.~6.030--- ! 2.56.050 Luther King Park, Patriots Park, Beach Park, and facilities consistent with this chapter and applicable YoKuts Park are community parks, resolutions of the city ~. F. "Director" means the city of Bakersfield (Ord. 3823 § I (pan), 1998). recreation and parks director or designee. O. "Neighborhood park' means a pa& which 12.$6.040 Administrative officers--Du. is located in close proximity to residential areas ties. and primarily serves the neighborhood for essen- The director shall direct the administration of tially recreational purposes, the divisions of recreation and parks, and it shall H. "Parks" includes all community and be his or her duty to: neighborhood parks, the grounds, parking lots, A. Develop, maintain amd operat~ the recre- sumps, basins, pathways, roadways, avenues, ation and pm~ filcihTles within the oily; and areas used for recrr~ional and park ~, B.. Issue facility res~rs~o~s and perk-related and which are dedicated as such. For the Putlx~ permits as set forth in fills chap~, for the use of of section 12.56.050, it also includes med~ is- parks, athletic fi~lds, swimming pools, ~ dj- lands, parkways, sump ar~s or greens, or other amonds or other ~ hciliti~ and public grounds, the provisio~ of this ~, th8 resolutions of (Ord. 3823 § I (part), 1998). the city council, ~d other ~ 12,S6,030 Recreation .... -.~. '-..~'. :~ . · . ~- , .... . i ~ ....'~ ~'~.~ vauons, approvals or m~.~ maxi- any person, oltm'.~ · daly sm~ promulgate, by such resolutl0n,ailY teaS°tumble A. regulations for the proper achnini_stration of the driven model almrM~ or throw a javelin, shot~ this chapter. C. Such resolution and any amendments B. Cut, remove, destroy, injure, mutilate, thereto shall have the force of law and any viola- pluck, pull up or take any uee, plant, shrub, tion thereof shall be punishable as set forth in bloom or flower;, or to cut, break injure, deface, Chapter 1.40 of this code. disturb or remove any bench, table, apparatus, D. · Nothing in this section shall prohibit the refuse receptacle, equipment, building, structure, director from promulgating rules and regulations monument, sign, fence or property; or to mark, for the daily operation of the parks and recreation paint, write or print upon any building, monu- (Ba~crsfictd 3-98) 416 ~"" 12~6.060 ~ ment, fence, bench, structure or other property; or by persons passing along the same shall be obsmJct- to remove any wood, turf, grass, soil, rock, sand or ed in any manner; gravel; or to at,ach or place in any manner any sign,L. Be in or upon any park between the hours of poster, card, display or advertising device; throw ten p.m. and five a.m., except for participants in' any stones, rocks, clods or missiles; or to hunt, city-sponsored events, for which the prohibited pursue, annoy, throw stones, clods, rocks or missileshours shall be twelve midnight to five a.m.; pro- at, shoot at, or molest or disturb in any way any vialed, however, that camping and lodging overnight animal or bird; or to go upon any lawn or grass plot'may be permi~.xl when such camping or lodging is wber~ prohibited by a proper and legible sign; pan of an authorized recreational outing under the C. Make, light, kindle or maintain any fire, supervision of the division of r~'reation and parks unless such f'u'e is lighted and maintained in a grill, of the city pursuant to a permit granted the.~for by pit, or brazier intended for such use; the city manager or designee; such application may D. Open, expose or interfer~ with any water or be denied if such use is found to be inimical to the gas pipe or electrical outlet, hydrant, stopcock, use of any park bY the general public; sewer, basin or other fixture or improvement; M. Except as allowed under permit issued pursu- E. Leave any garbage, rubbish, trash cans, bot- ant to Section 12.56.200, operate any radio, tape ties, papers, cigarettes or other r~fuse elsewhere fl~an player, tape n~.order, r~cord player, ~elevision, corn- in the receptacles provided therefor, pact disc player or other similar sound equipme~ ou F. Opera~ drive, ~ or propel any motor or m any perk, or in any parking area or ~ withln vehicle., bicycle, unicycle, horse, came, or any .other any park, at such volun~ as permits ~i n°tso'~V- o. To aUow dop to nm Xouse or with n chain' or u r ,:o ,reco dplayer, may I~ specifically designated and posted for such N. E,xcq~ as authorized by permit-~' put* use; suant to Sections 12.$6.2~0 or 12.~6.2-I0, II. Take hto, exhibit, use o~ discharge any ru~* any can or other receptacle containin~ any alcoholic ax~ weapon, air ~ or rJingshot; beverage which has be~n opened, or & seal broke, n, X. Use or a~empt to u~ or hterfer~ with the u~ or tl~ content~ of which hav~ be~ paztially ~* of any table, stage, equipment, apparn_n_,~, ax~ moved~ athl~ fi~kl~ sv,~in:xn~,ing p~)i, tenni.~ court or ~ O. Take into, exhibit, use, cau~ to be brought space or facility v,4~ich has been ~served for othe~rhto, or otherwise cause any borne or any other l~rSons under any contract, facility ~-Serva~on or glass beverage container, other than a container permit from the director or rest*red or scheduled fordisplayed u an exhibit in an authorized art show, other persons under contract or otherwise; or disturbto be in any park, or in any parking lot wi~i~ the in any manner any picnic, meeting, service, concert, park or adjacent to any park; exercise, activity, exhibition or gathering; ?. Operate a food and/or shelter agency as de* ~I. Operate, ride or propel any skateboard or Hued in Se.~'~ion 17.04.285. skates except in areas which may be specifically (Ord. 3823 § 1 (part), 1998). designated and posted for such uses; K. Assemble, collect or gather together in any 12.~6.060 Use of restrooms. walk, passageway or in any other place set apart for No person over eight years of age shall enter or the travel of persons in or through any park or to use any toilet or restroom posted and designated for £-- occupy thc same so that free passage or use thereof the opposite sex. (Ord. 3823 § 1 (part), 1998). Proposed Bike Path Ordinance M atio Bakersfield City Council Meeting - 11/3/99 Prepared by myle Northway, Jim Burke Ford & Lincoln Mer~."~ ~-~~' Mr. Burke sends his greetings and appreciates your time in giving consideration to a proposed ordinance modification regarding the use of a certain class (as defined by California State Regulations) of electric bicycle on the Bike Path. We at Jim Burke Ford believe this issue bears important underpinnings for our City's future transportation. Our industry is just now making practical inroads into electric vehicles of all types. This requires a preparation for change within our company and likewise cities are also compelled to adapt to the demands of the market. In looking toward meeting the needs of the population, please review these items: 1. Hybrid bikes (human and electric powered) such as E-Bike allow both young and old to enjoy the bike path for work or play while promoting better mental and physical health, this encouraging an active lifestyle for our citizens. 2. Hybrid bikes are non-polluting and have the ability to create less congestion as a practical alternative for those who commute. 3. A change in the current city ordinance to clearly define "motorized" will reflect a pro-active environmental stance on behalf of the City of Bakersfield and provide increased usage of one of Bakersfield's great assets. 4. Furthermore, being an early proponent of electric for transportation reveals foresight on behalf of the City Council and takes seriously our limited resources. 5. In fact, the Air Pollution Control Districts in some areas are funding a $500 rebate to those who purchase D.O.T. certified electric vehicles including bikes. This good effort to reduce poor air quality is a right step. 6. As you may know, this particular class of electric bike does not fall under DMV regulations, no driver's license required and no registration, but you must be 16 years of age to purchase and ride an electric bike. 7. As in any dynamic economy and as popularity grows, regulations should appropriately follow for safety concerns and to meet the needs of its population. 8. If the Bakersfield City Council amends the ordinance, it will better align itself with current State Regulations regarding motorized bikes. E-bike and many other manufacturers fall short of the motorized bike definition in every category under California Vehicle Code section 406. Please see attached regulations. 9. To help give perspective, you should know that when simultaneously pedaled and powered via electric you are not able reach speeds above approximately 18mph. Police Chief Eric Matlock just reviewed the Ebike and stated the Ebike is "slower than a conventional bicycle". Please review attached letter. 10. Attached is a brochure to familiarize yourself with E-Bike and we also invite council to try one out at Jim Burke. Though there are many electric bikes coming onto the market, so the City Council should find it prudeht to adopt the State regulations to create a real-world definition of motorized that will strengthen our local city ordinance and provide enforceability. 11. For your information, in an August lath, 1999 letter to Jim Burke Ford, The City Attorney's Office kindly reviewed the matter for us and stated its position that the E-Bike is a "Motorized Bicycle". The review was remiss with details of the California Vehicle Code Regulations Section 406. They are as follows and substantiate the proper definition: · The motor must produce less than 2 gross brake horsepower- Ebike produces .53 horsepower. · The power output must not be more than 1000 watts - Ebike output is 400 watts. · Must be incapable of speeds more than 20mph on ground level when human and electric powered - Ebike is approximately 18mph. 12. Many cities throughout California have had to deal with this issue. The City of Ventura being the latest with the dedication of their new bike path last month has modified their ordinance. Bakersfield City Staff may want to confer with Ventura for perspective. In closing, you should know there have been several requests to bring this matter to the attention of City Council from Ebike owners and owners of other brands.., they're ready to ride and await your decision. If Council is not inclined to modify the ordinance tonight, we ask Council to refer this matter to a committee. From all of us at Jim Burke Ford & Lincoln Mercury and on behalf of electric bike owners we offer our sincere thanks for your time and assistance. AUG-06-1999 12:59 IACDCCA LEE 31020EI2444 P.131/03 · - California Regulations Tor Electri~ Bicycles (enacted 1996) ce(a) A "motorized bicycle" c,r "moped" is any two-wheelled or three-wheeled having fully operative pedals for propulsion by human ipower, or having no pedals if powered solely by electrical energy, and an automati,i~ transmission and a motor which produces less than 2 gross brake horsepower and isi capable of propelling the device at a maximum speed of not more than 30, niles per hoU~· on level ground. (b) A "motorized bicycle" is also a device that has fullyi operative pedals for propulsion by human power and has an electric motor that mee~s all of the following requirements: (1) Has a power output of not more than 1,000 watts~ (2) Is incapable of propelling the device at a speed t~f more than 20 miles per hour on ground level. (3) Is incapable of further increasing the speed of th~~ device when human power is used to propel the motorized bicycle faster than 20 miles!per hour. (4) Every manufacturer of motorized bicycles, as defined in this subdivision, shall provide a disclosure to buyers that advises bu'.~ers that their existing insurance 15olicies may not provide coverage for these bicycles ,. and that they should contact their insurance company or .insurance agent to dete!rmine if coverage is provided. (c) The disclosure required under paragraph (4) of subdivision (b) shall meet both of the following requirements: (1) The disclosure shall be printed in not less than ~il4-point boldface type on a single sheet of paper that contains no information other than [he disclosure. (2) The disclosure shall include the following langua!~e in capital letters: "YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERA~,GE FOR ACCIDENTS INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COIViPANY OR AGENT." 24016. (a) A motorized bicycle described in subdivision (b) of ,~iiection 406 shall meet the following criteria: · (1) Comply with the equipment and manufacturing requirements for bicycles adopted by the Consumer Product Safety Commissiori (16 C.F.R.1512.1, et seq.) or the requirements adopted by the National Highway Traffic Safety Administration (49 C.F.R. 571.1, et seq.) in accordance with the National Traffic and Motor Vehicle Safety. Act of 1966 (15 U.S.C. Sec. 1381, et seq.) for motor ddvenicycles, (2) Operate in a manner so that the electric motor isi disengaged or ceases to function when the brakes are applied, or operate in a manneri such that the motor is engaged through a switch or mechanism that, when released,:iwill .cause th~ electric motor to disengage or cease to functio,.n. ~ (b) All of the following apply tO a motorized bicycle desc:J'ibed in subdivision (b) of Section 406: ees ' (1) No person shall operate a motorized bicyCle unless the person is aring a properly fitted and fastened bicycle helmet that~ meets the standards cribed in Section. 21212. ~ ~ AUG-OG-I~g~ .13:00 ~ACOCCA LEE b: -- , 31020B2444 H.U~/~ and 21200.__5, (2) A person operating a motorized bicycle is sul:i~ect to Sections 21~00 l of this code rel:a~n~ Pt(~r~n°;n~l~;r~etl~gor~sT~ .nz~e~?. bi.cy.c!e is not S~b!ect to the pr~ -~. | plate requirements ,na ,, ,,.,,,,..,., ~ . .._u'~.' onvers I~.censes, n~.glstration, and.licens ge or older. ~ a person 16 years of (5) Evenj manufacturer of a motorized bicycle shati certify that it complies with the equipment and manufacturing requirements for bic Consumer Product Safety Commission (16 C.F,R.!512.1, et seq.!?cles adopted by the subdivision :i- , (c) No person shall tamper with or modify a motorize~,~l bicycle described m (b) of Section 406 so as to increase the speed capabil!ity of the bicycle. ea) Every person dding a bicycle upon a highway has all ti'!e rights and is subject provisions applicable to the ddver of a vehicle by this !Uivision, including, but not limited to, provisions concerning driving under the influence ~f alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), S~ction 27400, Division 16.7 (commencing with Section 39000),Division 17 (commencing ~vith Section 40000.1), and Division 18(commencing with Section 42000), except thosi~ provisions which by their very nature can have' no application, . (b) (1) Any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, operating a bicycle d~.ilring the course of his or her duties is exempt from the requirements of subdivision i(a), except as those requirements relate to ddving under the influence of alcoholic bev.~rages or drugs, if the bicycle is being operated under any of the following circumstances~: (A) In response to an emergency call. (B) While engaged in rescue operations. (C) In the immediate pursuit of an actual or ;suspected violator of the law. (2) This subdivision does not relieve a peace offi~Cer from the duty to operate a bicycle with due regard for the safety of all l persons using the highway.21200,5. Notwithstanding Section 21200, it is unlawful roi any person to ride a bicycle upon a highway while under the influence of an alcoholic ~.ieverage or any drug, or under the combined influence of an alcoholic beverage and ~.iny drug. Any person arrested for a violation of this section may request to have a chemical test made of the person's blood, breath, or urine for the purpose of determining .~he alcoholic or drug content of that person's blood pursuant to Section 23157, and,ill so requested, the arresting officer shall have the test performed, A conviction of a viblation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250). Violations of this section are subject to Section '1.3202.5. ' ~Notwithstanding Sections 21207 and 23127 of this code, or any other p v~s~on of law, no motorized bicycle may be operated on a bicycle path or trail, bikeway, bicycle lane established pursuant to Section 21207, equestrian trail, or hiking or recreational trail, unless it is within or adjacent to a roadwa)).or.unless the local ?-. '-~ AUG-06-1999 13:00 IACOCCR LEE 3102082444 P. 02/03 authority or the governing body of a public agency having jurisdictJ,bn over such pa~ or trail permits, by ordinance, such operation, (a) A person under 18 years of age shall not operate a bi, bycle, or dale upon a as a passenger, upon a street, bikeway, as defined in ~Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meet~ii the standards of the American National Standards Institute (ANSI Z 90.4 bicycle helm{~it standard), the Snell Memorial Foundation's Standard for Protective Headgear for US~ in Bicycling, or the American Society for Testing Materials (ASTM F-1447 standard), i'~his requirement also applies to'a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle.: (b) Any helmet sold or offered .for sale for use by operate:irs and passengers of bicycles shall be conspicuously labeled in accordance with the i~tandard described in subdivision (a) which shall constitute the manufacturers certifi~iiation that the helmet conforms to the applicable safety standards. (c) No person shall sell, or offer for sale, for use by an opei~tor or passenger of a bicycle any safety helmet which is not cfa type meeting requirem{ints established by this section. (d) Any charge under this subdivision shall be dismissed when the person charged alleges in court, under oath, that the charge against :'~the person is the first charge against that person under this subdivision, unless it is oliherwise established in court that the charge is not the first charge against the person. (e) Except as provided in subdivision (d), a violation of thi.'ii section is an infraction punishable by a fine of not more than twenty-five dollars ($25). The parent or legal. guardian having control or custody of an unemancipated minor whos conduct violates this section shall be jointly and severally liable with the minor for the amount of the fine imposed pursuant to this subdivisic, n. (f) Notwithstanding Section 1463 of the Penal Code or an, Y other provision of law, the fines collected for a violation of this be allocated as follows:' Seventy-two and one. half percent of the amount collected shall be (1) ........... ',, ~'~alth de~,artme~,~, to be used for bicycle deposited in a special account cT m~ ~uu.,~ ,,~ ,. safety education and for assisting Iow.income families in obt,.[aining approved bicycle helmets for children under the age of 18 years, either on a Ioarl or purchase basis. The county may contract for the implementation of this prograr~, which, to the extent practicable, shall be operated in conjunction with the child pas:!enger restraint program pursuant to Section 27360, (2) Two and one-half percent of the am(:iunt collected shall be deposited in the county treasury to be used by the county tc~ administer the ~)rogram described in paragraph (1)~ (3) If the violation occ;Jrred within a city, 25.~ percent of the amount collected shall be transferred to and deposited in the treasury ~)f that city. If the violation occurred in an unincorporated area, this 25 percent shall i'~be deposited and used pursuant to paragraph (1). CITY OF BAKERSFIELD CALIFORNIA POLICE DEPARTMENT ERIC W. MATLOOK (661) 326-3800 CHIEF OF POLICE i FAX (661) 852-2158 October 25, 1999 i~,~- Jerry Cook, General Sales Manager Jim Burke Ford 2001 Oak Street Bakersfield, Ca., 93301 Dear Mr Cook: Thank you for allowing the Bakersfield Police Departmer!t the opportunity to evaluate the E-Bike. This is a very well constructed bicycle wit[!i many applications. However, at this time the Police Department will not be utilizing thisiltype of bicycle. The officers who evaluated this bicycle all agreed the bicycle!!, is comfortable, well built, easy to operate and fun. In spite of this, the E-Bike is limited ih its usefulness as a Police duty bicycle. This is based on the lack of high gears, inabili'iy to go off road, top speed being slower than a conventional bicycle and the bicycle v~,eight. Often officers working at the Valley Plaza are required to carry their bicycles up a fl?ight of stairs; with the E-Bike this would not be possible. Thank you again for the opportunity to evaluate this new bicy(ile. If the Bakersfield Police Department finds a use for the E-Bike in the future, we will bei sure to contact your office. Please tell Mr. Burke that we sincerely appreciate his generosity in allowing the Police Department to evaluate an E-Bike, and we wish him the be:iit of luck in his latest endeavor. . Sincerely, Eric W. Matlock, Chief of Police By "V~ . Planning, Research and Training TDT/wcw S:",W~!~ATA",Lelter$ ~999',E B~¢y~'le Letler.w¢,~ 1601 TRUXTUN AVENUE · P.O. BOX 59 · BAKERSFIELE~, CALIFORNIA 93302 LEGISLATIVE AND LITIGATION COMMITTEE CALENDAR 2000 PROPOSED SCHEDULE Legislative & Litigation Committee Meetings ~ Council Meetings (7 p.m.) 1:15 p.m., City Manager's Conference Room Workshops/Closed sessions (5:15 p.m.) Holidays ~ ~ Hearings 6/14, ADOPTION 6/28/99 @ 7:00 P.M. Mondays at noon; Wednesdays at 5:15 p.m. (Info as of 11-3-99; Res. 159-99) JANUARY FEBRUARY MARCH S M T W TH F S S M T W TH F S S M T W TH F S 1 1 2 3 4 5 1 2 3 4 16 18 19 11- -]121 22 20 22123124 26 26 19 20 21 24 25 23 24 25 ~26] 27 28 29 27 28 29 26 27 28129130 31 30 31 APRIL MAY JUNE S M T W TH F S S M T W TH F S S M T W TH F S 1 1 2 3 4 5 6 1 2 3 16 17 18 21 22 21 23 25 26 27 18 19 20 23 24 23 24 25 126127 28 29 28 30 31 25 26 27 F28~ 3O 3O JULY AUGUST SEPTEMBER S M T W TH F S S M T W TH F S S M T W TH F S 1 1 2 3 4 5 1 2 2 3 5 6 7 8 6 7 8 9 10 11 12 3 ~ 5 6 7 8 9 16 17 18 I 191 20 21 22 20 21 22 25 26 17 18 19 22 23 29 30 30 31 OCTOBER NOVEMBER DECEMBER S M T W TH F S S M T W TH F S S M T W TH 'F S 1 2 3 4 5 6 7 1 2 3 4 1 2 15 16 17 20 21 12 13 14 18 10 11 12 15 16 22 23 24 27 28 19 20 21 ~'~ 25 17 18 19 20 21 22 23 29 30 31 31 26 27 28 I 29 I 30 24 ~ 26 27 28 29 30 31 Proposed dates: Jan. 20, Feb. 17, Mar. 23, Apr. 20, May 18, Jun. 22, Jul. 13, Aug. 24, Sep. 21, Oct. 19, Nov. 9, Dec. 7 League Annual Conference, Anaheim (tentative), Sep. 7-10 (p:\l&l\l&lcal00.wb2) Mayor &.Council Forum, Monterey, Jul. 26-28 Proposed at Committee meeting of Dec. 16, 1999. Women's Business Conference, Apr. 27