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Home My WebLink About05/24/2004 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 COMMITFEE of the City Council - City of Bakersfield Monday, May 24, 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 MARCH 29, 2004 'AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. REVIEW,.DISCUSSION AND COMMI'I'I'EE RECOMMENDATIONS REGARDING MOTOR HOMES PARKED ON PUBLIC STREETS 5. NEW BUSINESS A. REVIEW, DISCUSSION AND COMMI'rrEE RECOMMENDATIONS REGARDING FARMER'S MARKET IN THE DOWNTOWN AREA 6. COMMI'rrEE COMMENTS 7. ADJOURNMENT D AFT BAKERSFIELD Alan Tandy, City Manager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA-SUMMARY REPORT LEGISLATIVE AND-LITIGATION COMMITTEE Special Meeting Monday, March 29, 2004 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:04 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David Couch Councilmember Jacquie Sullivan 2. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION CLOSED SESSION .PURSUANT TO SUBDIVISION (A) OF GOVERNMENT CODE SECTION 54956.9: FOUR (4) POTENTIAL CASES No reportable action was taken. 3. ADOPT FEBRUARY 23, 2004 AGENDA SUMMARY REPORT Adopted as submitted. 4. PUBLIC STATEMENTS None. Agenda Summary Report and Litigation Committee D AFT Legislative March 29, 2004 Page 2 5. DEFERRED BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING MOTOR HOMES PARKED ON PUBLIC STREETS Administrative Analyst Trudy Slater briefly recapitulated information received from other municipalities and the methods theY.used to fit their unique situations and constituencies and the need to-consider the direct and indirect consequences of ordinance changes upon Bakersfield residents and enforcing and processing staff. City Manager Alan Tandy emphasized the need to carefully consider the ramifications of adding .to the workload of an already stretched Police Department. Captain Tim Taylor indicated one proposal could be to require moving vehicles parked on streets after the 72-hours allowed by California law to some other place at least one-half mile away. Upon a complaint, the ~vehicle would be tagged with a bright orange tag stating the date and time, which gives the owner 72 hours 'in which to move it. This would apply to any vehicle, as the Police Department receives complaints on regular-sized vehicles as well as oversized and recreational vehicles. This methOd would not require the enormous numbers of signs which would 'be required if other types of ordinances were implemented. After 72 hours, the vehicle could be moved back. After five unpaid citations, the vehicle could be towed away. Committee Member Jacquie Sullivan asked if this would include inoperative vehicles, which was answered affirmatively. Committee Chair Sue Benham indicated this would allow parking for guests visiting .over .the weekend. Committee Member David Couch asked if higher penalties could be assessed for second and subsequent violations. City Attorney Ginny Gennaro indicated she would check on the issues of a sliding scale for violations and possibly towing vehicles sooner. After further discussion, the Committee agreed that this issue should come back to Committee at its next meeting. 6. COMMITTEE COMMENTS None, 7. ADJOURNMENT The meeting adjourned at 1:55 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater; City Attorney Ginny Gennaro, Police Captain Bryan Lynn, Police Captain Tim Taylor; Risk Manager Patrick Flaherb/ Other Attendees: Bob Harding, James Burger B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM May 19, 2004 TO: ALAN TANDY, CITY MANAGER ~.o~:~.u~¥ S,^~E.. ^~.~s~.^~v~ ^.^,~s~ m ~~ ~ SU~c~: v~.~c,~s.^.~ o. C~T~ S~.~S The Legislative and Litigation Committee reviewed the issue of motor homes (and other vehicles) parked on public streets previously and directed staff to present a proposal for the Committee's review at its next meeting. The attached proposal is believed to resolve many of the outstanding issues raised in previous meetings and is submitted for Committee review and action. P:\L&L\M0405191 -MotorHomes-VehiclesOnPublicStreets Attachment ;??- 5 2004 M E M O R A N 'D U M CITY MANAGER'S CITY ATTORNEY'S OFFICE ,__. '-.' "" May 5, 2004 TO: LEGISLATIVE AND LITIGATION COMMITTEE >"SUE BENHAM, CHAIR DAVID COUCH ' JACQUIE SULLIVAN //~ FROM: VIRGINIA GENNARO, CITY ATTORN~.yY~/~ l~ v'~ALLEN M. SHAW, DEPUTY CITY ATTORNE-~ SUBJECT: REMOVAL OF VEHICLES UNDER THE MUNICIPAL CODE Transmitted herewith is a copy of a proposed change to municipal ordinance 10.40.010. This draft attempts to address the concerns of the committee: (1) ensuring the owner moves the vehicle a substantial distance when ticketed; and (2) discretion vested in the Police Department. We are submitting this draft for discussion at the next Committee meeting. VG/AMS:Isc Attachment S:~POLICE\MEMOS\Leg&Lit. VehicleRemoval.doc ORDINANCE NO. ORDINANCE AMENDING SECTION 10.40.010 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO REMOVAL OF VEHICLES SECTION I BE IT ORDAINED by the Council of the City of Bakersfield as follows: Chapter 10.40.010 of the Bakersfield Municipal Code is hereby amended to read as follows: 10,40,010 Vehicles parked in excess of seventy-two hours - Removal and storage, A. It is unlawful for any vehicles (whether or not operable) to be remain parked or left standing upon any public street or alley ~-.-,.., ,..,' ..... ,~,..., *~"-"'.,,..,, in excess of seventy-two (72) consecutive hours. Such Any vehicles violating this ordinance ch3!! may be removed and stored under the direction of the police department. B. For the purposes of this section, a parked or standing vehicle violates this section when the vehicle remains more than seventy-two (72) consecutive hours within one-half mile (2,640 feet) of any location where the police department first posted the vehicle with notice of potential violation of this section. C___~. In investigating whether a vehicle is in violation of this ordinance the police department shall consider the totality of the circumstances including but not limited to tire markings, eyewitness account, dirt and debris, vegetation, vehicle condition, photographic evidence and odometer recordings. D__,. In the event any vehicle is removed from a public street or alley as aUthori~--~d by subsection A of this section, the police department shall give the notices as provided in ~'-"*~'-"" ')'~'~ ""'" ')'~'~ "~ the California Vehicle Code ''~ and-the_. The keeper of any garage in which any such vehicle is stored may have a lien thereon for his compensation for towage and for cadng for and keeping the vehicle safe and may satisfy such lien upon compliance with and under the conditions stated in ~""*~'""" ')')~'~ ""~ '~'~":'~ cf the Vehicle Code SECTION 2. This Ordinance shall be posted in accordance with the provisions of' the Bakersfield Municipal Code and shall become effective thirty (30) days from and after · the date of its passage. --oo0oo-- -- Page 1 of 2 Pages - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCIL MEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCIL MEMBER ABSTAIN:. COUNCIL MEMBER ABSENT: COUNCIL MEMBER CITY CLERK and EX OFFICIO of the ' Council of the City of Bakersfield APPROVED: By: HARVEY L. HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ALLEN M. SHAW Deputy City Attorney ~MS:lsc S:\COU NClL\Ords\10.40.ProposedAmendVehicleRemoveTaylorShawdraff3redline.doc - Page 2 of 2 Pages - § 670. "Vehicle" A "vehicle" is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM May 18, 2004 TO: ALAN TANDY, CITY MANAGER FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST ill t..~~ ..~.~~ SUBJECT: FARMERS-MARKETS-DOWNTOWN PROMOTIONS ORDINANCE CHANGES The Downtown Business and Property Owners'. Association (DBA) have asked the City Council to allow additional small-scale events, such as open-air markets, in the Downtown area. Activities associated with open-air markets may include a farmer's market, food service (e.g. barbeques), and the display of products supplied by downtown businesses, such as art galleries and retail shops. The proposed location is the alley between 20th and 21st Street, Chester Avenue and "K" Street. The existing ordinance only allows open-air markets to be conducted on Wall Street Alley between Chester Avenue and "H" Street and along Eye Street from 19th Street to Wall Street Alley. Last year, when the DBA held the open-air markets in Wall Street, the location proved to be problematic. The early hours of the farmers' market (4:30 p.m.) created a conflict with tenants of the Sill Building who exit through to the alley from the underground parking lot until 6 p.m. Farmers' market hours need to start early to provide downtown employees an opportunity to purchase produce on their way home from work. Additionally, east/west exposure of the alley proved to be very hot, not cooling down until later in the evening. The changes proposed by the City Attorney, in response to the request to allow open-air markets in another part of downtown, can be accomplished by amending the-section of the Bakersfield Municipal Code that specifically addresses special permits for downtown promotions. The proposed changes would allow the DBA to apply to the City Manager to obtain up to 52 permits per year for the sale and display of merchandise within the greater area of Downtown defined .in the Code as Truxtun Avenue on the south, "H" Street on the west, 22nd Street on the north, "M" Street on the east. These events would include summer street fairs and DBA sponsored special events such as the Highway 99 Car Show. The submittal of an application for each of these events to the City Manager would allow the City Manager's Office maximum discretion in permit approval. This change would also give the DBA greater latitude to work with more businesses throughout the downtown area. P:\L&L\M0405181 -FarmersMarketsDowntown Promotions Attachment ORDINANCE NO. AN ORDINANCE AMENDING SECTION 12.44.031 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SPECIAL PERMITS-FOR DOWNTOWN ~PROMOTIONS BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 12.44.031 is hereby amended to read as follows: 12.44.031 - Special .permits 'for downtown promotions. A. The downtown business and property Owners' association, upon application · to the city manager, may obtain a permit to allow the sale and display of merchandise upon streets and sidewalks within the area bounded by Truxtun Avenue on the south, "H" Street on the west, 22nd Street on the north, "M" Street on the east. B. Application for said permit shall be filed at least twenty calendar-days before the planned event '-'-'" '-"'-" ~--'""-'~*,- '~-,- ,-~-,-,,*,- *~,-* *~--- ,. ..... , ..... ~-..,- =.--,,--. ,-.-- .--,,.-,,,.,,,, ...........'" :"*= ......... *" *" ~'" "'""""' ""'~ '~' .... ="'~ "~ *;"'" "~ ~' ......... '~ C'. At least fourteen calendar days before the event, the applicant shall provide the names of the persons, organizations and/or businesses that will be participating in any sale or promotion, and proof of insurance in the amount of one million dollars, naming the city as an additional insured. In addition, if the applicant seeks to close streets, the application shall indicate the streets that the downtown business and property owners' association requests to be closed, the period of time of Closure, and proof of .written notice that the applicant has notified all business owners located adjacent to any right-of-Way which will be closed for the evenL The downtown business and property owners' association shall be responsible for all costs incurred by the city in connection with the street closures. C. The city manager shall review the application for such permit and may deny the permit or impose restrictions and conditions that he deems appropriate to create the least disruption of vehicular and pedestrian traffic within the downtown area, and to establish the charges for necessary city services. --Page I of 3 Pages -- D.G. The city manager shall review the application for such permit and may deny the permit or impose restrictions and conditions that he deems appropriate to create the least disruption of vehicular and pedestrian traffic within the downtown area, and to establish the charges for the necessary city services. E. H~. A maximum of fifty-two permits may be issued in any calendar year.~ F.&. The city manager will review Section 12.44.031 annually to determine whether thenumber of permits authorized herein shall be adjusted up or down. (Ord. 4008 {1,2001; Ord. 3764-{{ 1,2, 1997; Ord. 3184 { 1, 1988; Ord. 3069 { 1, 1986; Ord. 3022 { 1, 1986) G.~. ~. All events must comply with State and-Federal laws includinq but not limited, to the-requirement that farmers' markets must be certified by the Kern County agricultural commissioner, and must provide proof of the certification with the application. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ..... ooOoo ..... --Page 2 of 3 Pages -- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER - ABSENT: COUNClLMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: By: HARVEY L. HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: VIRGINIA-GENNARO City Attorney VG:ls S:\COUNClL\Ords\12.44.031Amnd05-26-04.Sidewalks.doc --Page 3 of 3 Pages --