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HomeMy WebLinkAbout07/12/2004 B A K E R S F I E L D Sue Benham, Chair David Couch Jacquie Sullivan Staff: Trudy Slater REGULAR MEETING NOTICE LEGISLATIVE AND LITIGATION COMMI'I'I'EE of the City Council - City of Bakersfield Monday, July 12, 2004 · 1:00 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue, Bakersfield, CA AGENDA 1. ROLL CALL 2. ADOPT MAY 24, 2004 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. NEW BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS ON DOWNTOWN WEEKEND SAFETY ISSUES B. REVIEW, DISCUSSION AND~COMMITTEE RECOMMENDATIONS ~REGARDING RESIDENTIAL CUL DE SAC PARKING C. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS~REGARDING MONITORING MECHANISM FOR HIGHWAY 99 CRUISE AND CAR SHOW 5. COMMI'n'EE COMMENTS 6. ADJOURNMENT DRAFT B A K E R S F I E L D. Alan Tandy, C~ Manager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMI'I'rEE Regular Meeting Monday, May 24, 2004 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:05 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David Couch Councilmember Jacquie Sullivan 2. ADOPT MARCH 29, 2004 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS Mr. Michael Baker spoke on the issue of cul de sac parking and State Vehicle codes .requiring parking both right tires within 18 inches of the-curb. This was a near impossibility in cul de sacs without leaving black marks on the curbs or having to realign your car. Mr. Baker received a ticket for parking in front of his own home and was hopeful the Committee could do something to rectify the cul de sac parking situation. He cited State Vehicle Code 22503 which allows local authorities by ordinance to permit angled parking on any roadway that is not controlled by the State. After discussion, following Council policy, the Committee directed staff to place the issue on the Council's consent calendar agenda for referral to the Legislative and Litigation Committee. Administrative Analyst Trudy Slater was.directed to keep Mr. Baker informed as to when it will return to the Committee's agenda with staff feedback. Agenda Summary Report DRAFT Legislative and LitigatiOn Committee May 24, 2004 Page 2 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION AND COMMI'n'EE ;RECOMMENDATIONS REGARDING MOTOR HOMES PARKEDON 'PUBLIC STREETS City Attorney Ginny Gennaro explained the proposed ordinance changes ensured owners moved their vehicles which had parking violations substantial distances and provided additional discretion to the Police Department in determining whether or not to cite as an infraction, a misdemeanor, or immediately remove and store the vehicle. After COmmittee questions and answers regarding those affected-(business and residential) and the system being complaint driven, Committee Member David Couch motioned and the Committee unanimOusly approved forwarding the :draft ordinance to Council for first reading at its June meeting. 5. NEW BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING FARMER'S MARKET IN THE DOWNTOWN AREA -Development Associate Donna Barnes explained to the Committee that she had been approached 'by Cathy Butler of the Downtown Business Association with a request to move the location of the current farmer's market which is held in Wall Street Alley. Ms. Barnes and Ms. Gennaro had met to discuss the .issue. Ms. Butler indicated she wished to move the location of the farmer's market to .the alley .at 20th and K, both to help improve the area and to see if the location works out. Ms. Gennaro indicated the proposed changes to the existing ordinance provide additional flexibility on 'location, removes confusion over open air markets and farmer's markets, continues to require .permits, and adds written noticing requirements to 'businesses located adjacent to .any right of ways subject to closure. All costs would be borne by the DBA. The City Manager retains the discretion to allow or deny any permit and add conditions and restrictions. Ms. Barnes further explained the current ordinance is structured so the DBA can have 12 events downtown per year and to have events in Wall Street Alley any time that it is permitted. The proposed changes would allow the DBA to have more than 12 events if it set up an application separately for each of those events. Ms. Gennaro recommended the Committee forwarding the ordinance to Council for first reading in June. After further discussion, Committee Member Couch so moved, and it was passed unanimously by the Committee. Agenda Summary Report DRAFT Legislative and Litigation Committee May 24, 2004 Page 3 6. COMMITTEE COMMENTS None. 7. ADJOURNMENT The meeting adjourned at 1:22 p.m.- Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater; City Attorney Ginny Gennaro; Deputy City Attorney Alan Shaw, Police Captain .Bryan Lynn, Police Captain Tim Taylor; Development .Associate Donna Barnes Others Present: Cathy Butler BAKERSFIELD POLICE MEMORANDUM July 8, 2004 To: T. Taylor, Captain, Operations Division - East From: D. Haskins, Lieutenant, Operations Division - East Subject: Downtown Bar Security Issues and Potential Solutions Current Situation: Due to a concentration of bars in the downtown district, specifically, the 1800 block to the 2100 block of .Eye Street, the 1500 block of 19th Street and Wall Street Alley, and the numbers and types of patrons who frequent these alcohol related businesses, the Bakersfield Police Department has traditionally staffed this area on Friday and Saturday nights from 9:00 P.M. until 3:00 A.M. for the last several years with six Police Officers and a Sergeant. When this staffing was interrupted or suspended, an increase in violence in this area was noted. In an effort to eliminate vehicle vs. pedestrian conflicts, and to prevent excessive cruising and still allow access for-law enforcement, fire and medical emergency vehicles, the traffic in this area is restricted during these duty hours by the closure of Eye Street south'bound at 21st Street and the closure of 19th Street eastbound at Eye Street. In addition to the alcohol related business presence, there are several other night time businesses which present other law enforcement challenges. Jerry's Pizza, located in the 1900 block of Chester Avenue, is an establishment that caters to both juveniles and adults, with an adult "beer area" plus live music. The Spotlight Theater provides another type of live entertainment and this establishment tends to end its Captain T. Taylor Re: Downtown Bar Security Issues and Potential Solutions July 8, 2004 Page 2 business day at around 9:00 to 9:30 P.M., allowing their patrons (in their vehicles) to exit their parking lot directly into the area the Police Department has established restricted vehicle traffic. The Sergeant and Officers who work this "downtown foot beat" use their patrol vehicles and a prisoner transportation van parked in and around the area of 19th and Eye Street to allow for prisoner transportation and keep other necessary equipment instantly available. The "hot spot", as identified by the Sergeant who currently works this assignment is the 1500 block of 19th Street. The cause of this is open to interpretation, but may due to many different factors. The foremost factor is the over indulgence of alcohol in a concentrated environment. Those who become intoxicated loose their normal public inhibitions and display a poor level of judgment, especially when it comes to physical conflict. Since the bottom line profit sometimes depends on .the number of patrons that take part in the service a business has to offer, there is little incentive for bar owners to monitor their businesses for overcrowding. Overcrowding tends to make it much more difficult to monitor the individual sobriety levels of customers and makes it more difficult to monitor conflicts. The presence of Hip Hop style music tends, in some bars, to attract a crowd that includes some gang members or "wanna bees". "Wanna bees" are individuals who are seeking gang ~membership and looking for opportunities to prove themselves as capable of violence or violent acts directed against opposing gang members. Gang members in this city have long standing conflicts with other gang members, and when they encounter each other in this environment, they sometimes flash hand signals or engage in verbalization that is a well known attempt to initiate a physical challenge resulting in assaults. The business that .plays this type of music has, thus far, failed to respond to invitations to attend Downtown Business Association meetings on the topic of downtown security issues. Last but not least, when an individual or group creates problems in one establishment and are ejected, they have the option of just moving to another alcohol related business and keep right on drinking until they become a problem. When a patron is ejected for being too intoxicated in one establishment, they just walk across the street and take up drinking at another. Captain T. Taylor Re: Downtown Bar Security Issues and Potential Solutions July 8, 2004 Page 3 These issues tend to become acute between the hours of midnight and bar closing time (2:00 A.M.). In addition, the bar crowd tends to _linger in the area after leaving the bars, some to take advantage of food concessions and this tends to concentrate patrons-directly in the "hot spot" area. Those who are intoxicated or have been involved in brewing conflicts inside bars, yet failed to act due to the disadvantage of being ejected from the bar, now feel free to "solve" their issues in a physical way out on the street. The sheer number of .people who have congregated at this point (sometimes upwards of between 500 and 1,000) overwhelm the ability of the Sergeant and six Officer to keep the peace. Conflicts break out quickly and randomly. Officers sometimes have to actually select which fight they will address based on which has the highest level of physical .harm associated with it - not an easy task. SinCe this is happening at a time when other calls for police service in the City are at their peak, assistance from other Patrol Officers is not always available. Once a conflict occurs, Officers who address it with an arrest are tasked with interviews and sometimes obtaining medical aid for those involved. In addition, some businesses have been' rented / occupied / leased by those who use them after hours by "special invitation". In one recent instance, a glass walled Barber Shop was used after hours by a subject who invited his friends in to snort drugs within sight (through a glass wall) and plainly visible to the patrons of a neighboring bar. The current use of six Police Officers and a Sergeant is a very expensive issue and deprives the remainder of the City of Bakersfield of their staffing and ability to respond to emergency calls at a peak "calls for service" time. Their expensively equipped patrol vehicles sit idle, unused. This real estate is some of the most intensely patrolled in our jurisdiction. There is a perception that this situation is caused by a concentration of alcohol related businesses who receive the profits from an environment that costs our city a significant amount to maintain. Captain T. Taylor Re: Downtown Bar Security Issues and Potential Solutions July 8, 2004 Page 4 Solutions: Recently, members of the Downtown Business Association (DBA) have invited bar owners and daytime-business owners to meetings on issues surrounding this situation. Not all bar owners have responded to this invitation, but those that have provided their perspective on issues that were important to them. The number one issue in this equation is to maintain the aura of security for patrons and customers. Without this feeling of security, customers with spending money will not feel comfortable in this environment. The reputation of the downtown environment is critical. Some suggestions 'from downtown-business owners consisted of determining the costs of assigning two more Officers to the situation and creating a special tax situation that would fund these Officers, to hiring private security to address this issue. The cost of hiring two (2) Senior Patrol Officers for eight (8) hours a night on each weekend for a year on overtime totals $78,642.70 annually ($31.5073 per hour times 48 hours [32 hours @ time and a half] equals $1,512.35 per weekend times 52 weekends). Obviously, the private security option would be much more affordable. The largest stakeholders in this equation are the downtown business owners themselves. They are the ones who have invested in the daily function of making a profit and creating an atmosphere for prospective customers. These stakeholders should take a more active role in managing this environment. All of the alcohol-related businesses have a security plan for the inside of their businesses, but none feel the need or have any type of responsibility or plan for the exterior or outside environment outside of the routine burglary alarm. The current response to a problem inside one of these businesses is to "push it outside". There is no attempt made to communicate with other business owners regarding the problem. Communication: A more responsible approach to the issue of security from the perspective of alcohol related businesses is to create a network of communication where, once a person or group creates a problem in one establishment, this issue is communicated throughout the network of other businesses. Once a'problem has been identified, the Captain T. Taylor Re: Downtown Bar Security Issues and Potential Solutions July 8, 2004 Page 5 situation can be communicated to other bars and the cause of the conflict (individual or group) can then be denied entry elsewhere. Once trouble makers are denied service on a universal basis, they-tend to leave, usually before the critical problem hours. As word ~of this new level of communication and cooperation spreads, problem causing patrons will soon learn that when they .misbehave, they will loose their ability to socialize throughout the downtown business area. This will tend to create an atmosphere of modified behavior. This can be something as simple as the purchase of Family Radio Service (FRS) digital radios, available everywhere for around $20 a piece, with an agreement between concerned bars to monitor an assigned frequency. Responsibility / Accountability: The point should be made to these business stakeholders that the responsibility for the downtown atmosphere is their responsibility, and this includes the environment outside their establishments. A successful business creates an atmosphere that cares for a customer from the time they arrive until they leave the downtown area. A crime that happens on the sidewalk in front of a business has an effect on the whole downtown business area. Many downtown bars now engage in "area denial conditioning" during closing times - and this usually consists of bright lighting and playing a disagreeable type or style of music to get patrons to leave the interior of their businesseS. Some of these tactics can be (but are not now) employed-by the business to assist in getting large numbers of patrons to keep moving once outside. Other jurisdictions use this type of "atmosphere conditioning" consisting of the installation of outside bright, short term lighting along with exterior sound systems to keep a crowd moving outside once they exit the business establishment. The Officers and Sergeant assigned to this foot beat have conducted a short term experiment with portable bright lighting and experienced mixed results. The City of Bakersfield has upgraded the light output of several key street light fixtures in the area surrounding these bars. The increased amount of light available has been favorably noted by Officers who work in this environment. Business owners must be responsible for the number of customers inside, both Captain T. Taylor Re: Downtown Bar Security Issues and Potential Solutions July 8, 2004 Page 6 for the reasons of security monitoring of problems and public safety. The training of doormen (bouncers) who monitor the door for proper age .requirements for entry and the collection of cover charges, must be educated to detect and react to those who use false ID and are underage. They are the focal point to address the issue of overcrowding and stopping underage drinking. In .other jurisdictions, bars are required to have .handheld devices used by doormen to record and display the actual number of patrons inside at that exact point in time. This display is used by Fire Inspectors to assure legal occupancy and can be monitored by law enforcement to assist in overcrowding. Driver'-s license stripe readers are available for private purchase by alcohol establishments to assist in detecting fraudulent / altered driver's licenses. Training in communication with law enforcement and private person's.powers of arrest can be used to address this crime when detected. When .the word gets out that those who try the crime will 'be held accountable, the frequency of incidence will decrease. Bar tenders should be educated to detect and react to the issue of over serving intoxicated patrons. In addition to the normal issues of civil liability for over serving (some establishments have been sued successfully by those who were involved in DUI or other issues upon leaving), intoxicated patrons tend to be a focal point for law enforcement once they leave. Training on how to recognize those who aretoo intoxicated to continue drinking and strategies to address intoxicated _patrons is necessary. Once a patron is intoxicated, efforts to communicate this fact must be undertaken with other establishments to avoid over serving elsewhere. Education: I have made contact with the California Department of Motor Vehicles and California State Department of Alcohol Beverage Control (ABC). Both of these agencies have had representatives present at recent Downtown Business Association .meetings in an effort to offer specific education pertaining to the detection of fraudulent / altered driver's licenses and appropriate remedies. ABC has offered classes for bouncers and bar tenders on the recognition of intoxicated patrons and strategies to address them. These classes (combined ABC and DMV) are scheduled at no cost to those who wish to participate on Monday, July 12, 2004 at the ABC offices on Stockdale Highway. Bar owners who were present at the 'Downtown Business Association meetings, expressed a desire for this type of education and indicated a desire for their employees to attend. Captain .'1'. Taylor Re: Downtown Bar Security Issues and Potential Solutions July 8, 2004 Page 7 The Bakersfield Police Department intends to work with the City Attorney, Downtown Business Association, ABC, local merchants, residents, and others impacted by the issues relating to the downtown bars and entertainment establishments. We intend to seek remedies that make the area safe and reduce the need to provide constant police oversight on Friday and Saturday evenings. DH:pip ~,~,! ~,,-,~l \~, ~ ~.~, BAKERSFIELD POLICE MEMORANDUM July 7, 2004 TO: W.R. Rector, Chief of Police PROM: Timothy D. Taylor, Captain, Operations Division SUBJECT: Legislation and Litigation Committee During the May 2004 Legislation and Litigation Committee meeting, Mr. J. Michael Baker was present and presented a letter requesting the City of Bakersfield permit perpendicular parking in cul-de-sacs. A copy of Mr. Baker's letter is attached. There are a number of reasons this is not permitted; the most prevalent being its hindrance to garbage collection. The City of. Bakersfield Public Works Solid Waste Division routinely contacts the Bakersfield Police Department to request enforcement of California Vehicle Code 22502(a) which ~equires the 'right side tires of a motor vehicle to be less than 18"'from the curb. When vehicle owners-park their vehicles in a "nosed-in" manner within a cul-de-sac it makes it difficult for Solid Waste to .collect garbage with their automated trucks, and significantly limits their ability to maneuver these large vehicles with the confines of the cul-de-sac. As well, "nose-in" parking makes it hazardous for other vehicles to turn around in the cul-de-sac due to the restricted roadway. Unfortunately, the Bakersfield Police Department cannot support .the request for an ordinance. permitting "nosed-in" or angle parking within local cul-de-sacs. TDT:df To: Bakersfield City Council May 24, 2004 Legislative and Legislation Committee Re: Ordinance all~wing parking perpendicular to the curb in a cul-de-sac. On-street parking in a cul-de-sac is different from parking on a normal city street. The curb space between driveways is usually too short to park a car parallel to the curb without blocking your neighbor's driweway. Also, most people find it difficult to park along a curved curb without banging a tire into it or without leaving one end of the car sticking out into the street. For courtesy, economy, and safety, the proper way to park in a cul-de-sac is perpendicular to the curb. crc 22502a requires that a car be parked with both right side tires within 18" of the curb. The purpose is to keep parked cars from intruding into the traveled roadway. This concern doesn't apply to a cul-de-sac since there is no through traffic to be interfered with. CVC 22503 allows local authorities by ordinance to permit angle parking on any roadway. Please have your staff research and draft an ordinance allowing me to park in front of my own house without penalty. J.Michael Baker 5209 Corriander Ct. Bakersfield, CA 93309 (661) 834-3651 The following documents pertain to the: Legislative & Litigation Committee meeting of Monday, July 12, 2004 at 1:00 PM. Cul de Sac Parking Issues for Refuse Collection Cul de sacs are designed to allow sufficient.turning radius for refuse collection' trucks with cars parked parallel at the curb. A common problem exists with "nose dived" parking, in which cars park .with the front end at the .curb. The cars jut out into the cul de sac, reducing the open area. Refuse trucks must .back up and turn their wheels several extra times to turnaround in a cul de sac if cars jut into the turning area. The Solid Waste Division recommends against permitting "nose dived" parking, for several 'reasons: 1. Extra backing is a safety hazard for children and other cars coming and going from cul de sac homes. 2. Extra backing up and turning takes more time to complete the route, and creates more wear and tear on the truck, contributing to higher refuse rates. 3. Extra backing up and turning creates more wear and tear on the pavement, increasing the need for pavement repair. 4. Mechanical lift arms are designed to reach only the width of a car, not the length. "Nose divers" prevent collection of containers placed at the curb. Ironically, they can cause problems for their neighbors. 5. Some~chronic "nose divers" place their containers out in the street, near the back of their jutting cars, to enable collection. However, after the cars leave for the day, the cul de sac is unsightly with trash .containers left standing in the middle. Municipal Code: Title 10 VEHICLES AND TRAFFIC Chapter 10.32 STANDING, STOPPING AND PARKING 10.32.010 Applicability of division to stopping, standing or parking. A. The provisions of this division prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times specified in this division, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device. B. The provisions of this division imposing a time limit on standing or parking shall not relieve any persons from the duty to observe other and more restrictive provisions of this division or of laws prohibiting or limiting the standing or parking of vehicles in specified places or at specified time. (Prior code § 11.04.440) 10.32.050 Angular, center and left side parking areas established. A. The traffic authority is authorized to determine those streets and alleys upon which angular and center parking shall be permitted and shall indicate all such parking by placing lines upon the surface of the roadway indicating the angle and place at which parking is permitted and/or by erecting appropriate signs. B. Left side parking shall be permitted upon all one-way streets, alleys, and state highways within the city unless otherwise prohibited by appropriate signs erected by the traffic authority; and within the central business district of the city the parking spaces shall be designated by lines placed upon the surface of the roadway by the authority. C. The traffic authority is authorized to determine and fix by the erection of appropriate signs the parking time allowable at any parking area established by this section other than those established upon state highways. (Prior code § 11.04.410) 10.32.070 Parking as designated by lines on surface of roadway-- Required. Upon those streets and alleys which have been marked or signed by the traffic authority for angular parking or upon any roadway where the parking spaces have been designated by placing lines upon the surface of the roadway, .it is unlawful for any person to stand or park any vehicle other than between the lines indicating the position in which the parking of a vehicle is authorized. (Ord. 2607 § 1 (part), 1980; prior code § 11.04.420) California Vehicle Code Curb Parking 22502. (a) Except as otherwise provided in this chapter every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be stopped or parked with the right- hand wheels of such vehicle parallel with and within 18 inches of the right-hand curb, except that motorcycles shall be parked with at least one wheel or fender touching the right-hand curb. Where no curbs or barriers bound any roadway, right-hand parallel parking is required unless otherwise indicated. The provisions of this subdivision shall not apply upon the roadways of a divided highway. Amended Ch. 448, Stats. 1971. Operative May 3, 1972. Local Ordinance: Angle Parking 22503. Local authorities may by ordinance permit angle parking on any roadway, or left- hand parking upon one-way roadways of divided highways, except that no ordinance is effective with respect to any state highway until the proposed ordinance has been submitted to and approved in writing by the Department of Transportation. Amended Ch. 545, Stats. 1974. Effective January 1, 1975. ~ OFFSET CUL- DE-SAC I '1 ~.--' I 55' $6' 8' 69.97' ;9.971 24' 0 0 2 $~Y 35' 12' ~$.33172.9?20' ~ ~ , ~ ~o' 40' ~o' ~.~'~' ~o required I 60' 5~' Ol' 0 I I [ Ref~n O I , .... ' STANDARD o~,. ' G. LR. CITY OF BAKERSFIELD CALIFORNIA ~.._ / ~X, .~PATH OF BUCKET'S ~ ~ FRONT CORNERS R=~57' \ . PATH OF REAR WHEEL-~--'~' TRUCK TURNING RADIUS 55' LONG TRASH TRUCK SCALE: I I0 0 I0 20 30 40 50 60 CiTY OF. BAKERSFIELD o^~= 4/6/77 CALl FORNIA ..,w. M.FS. ENGINEER]lNG DEPARTMENT