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Home My WebLink About01/12/2004 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 COMMri'rEE of the City Council - City of Bakersfield Monday, January 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. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION INITIATION OF LITIGATION PURSUANT TO SUBDIVISION (C) OF GOVERNMENT CODE SECTION 54956.9: ONE (1) POTENTIAL CASE 3. ADOPT DECEMBER 15, 2003 AGENDA SUMMARY REPORT 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A~. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO UNDERAGE DRINKING "KEG PARTIES" B. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING MOTOR HOMES PARKED ON PUBLIC STREETS 6. COMMITTEE COMMENTS 7. ADJOURNMENT ADMINISTRATIVE REPORT MEETING DATE: January 12, 2004 I AGENDA SECTION: Closed Session Legislative & Litigation Committee I ITEM: TO: Legislative & Litigation Committee: APPROVED Sue Benham, Chair David Couch DEPARTMENT HEAD Jacquie Sullivan ~'- CITY ATTORNEY~--"J FROM: Ginny Gennaro, City Attorney CITY MANAGER DATE: January 9, 2004 SUBJECT: Conference with Legal Counsel- Potential Litigation Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9 One (1) potential case. RECOMMENDATION: BACKGROUND: January 9, 2004, 12:15PM DRAFT B A. K E R'S F I E L D Alan T anager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Monday, December 15, 2003 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 NOVEMBER 17, 2003 AGENDA SUMMARY REPORT Adopted as submitted. 3, PUBLIC STATEMENTS None. 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO UNDERAGE DRINKING "KEG PARTIES" Police Captain Bryan Lynn discussed the City of Chico Hills' procedures for underage drinking parties. He felt the City of Bakersfield'could recover costs incurred, in connection with underage drinking at 60% or higher (similar to DUI cost recovery). When asked if the City could devote the necessary Police resources, Captain Lynn indicated a change would eliminate the need for a third call for the same disturbance. Upon the second Police response, the party would be over and people would be placed under arrest, or charged for cost recovery of police services, if they had not complied. Agencla Summary Report DRAFT Legislative and Litigation Committee December ~ 5, ~003 Page 2 Captain Lynn reiterated that if Police Officers see someone who is obviously intoxicated and getting behind the wheel of a vehicle, they are going to stop them. On holiday weekends the Police-Department bumps up the number of officers that are working but does not and cannot specifically target juvenile drivers at DUI checkpoints. City Attorney Ginny Gennaro indicated the City of Bakersfield has an ordinance which gives us the ability to proceed with cost recovery for services. City Manager Alan Tandy indicated that it would not be unrealistic to expect negative reactions from residents to any attempts to recover costs incurred for Police responses to party disturbances. Mr. William Solko indicated he appreciated the Committee's and Captain Lynn's efforts on his concerns over this issue. He feels that proposed changes would not be effective regarding keeping the kids from getting behind the wheel of their cars and leaving. It has become a practice in the community which he cannot accept. Committee Chair Sue Benham indicated .the City could not resolve the issue alone and encouraged Mr. Solko to work with Mothers Against Drunk Drivers and/or other community groups or service organizations to bring attention and resolution to this problem. City Attorney Gennaro indicated she would like to review Chico's ordinance more closely for possible application within Bakersfield. Chairperson Benham indicated the Committee would look forward to a report in January at which time the Committee could make a recommendation. The City Attorney was asked to review the Chico ordinance. B, REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING THE EXCESSIVE VEHICLE NOISE ORDINANCE Captain Lynn stated that in the Stockton and Las Vegas noise ordinances if vehicle noise is heard over 25 feet from the vehicle, then you are subject to citation. In Bakersfield's ordinance, if the noise from-the vehicle can be heard over 50 feet away, you are subject to citation. He does not feel that changing the ordinance will solve the problem. Disturbances of this kind are a Iow priority at any distance. The problem rests in what is reasonable and what is not reasonable and in having the staffing to enforce it. From an enforcement issue, changing the ordinance would not be helpful to the Police Department nor be a proper remedy. After further discussion, the Committee directed staff to attempt to ascertain the name of the individual for whom the referral had been submitted and to write him/her explaining the Committee's findings. Agenda Summary ~eport DRAFT Legislative and Litigation Committee December ~5, 2003 Page 3 5. NEW BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO CITY'S SPECIAL EVENT NOTIFICATION PROCEDURES Administrative Analyst Trudy Slater identified concerns of Mr. Art Carlock relating to the City's existing Special Event Notification ordinance. She explained that three of the four concerns identified did not require an ordinance change. The fOurth concern, relating to time Constraints for submitting an application (currently limited to 90 days) would need an ordinance change. Staff felt it was appropriate to extend the time for submitting a Special Event Application to one year. Community representatives spoke in opposition to street closures as well as in support. Chairperson Sue Benham felt, although the issue before the Committee was limited specifically to the special event notification ordinance and not related to any specific -event application, comments from the public were important for the Committee to hear. Ms. Cathy Butler provided staff with a list of downtown businesses supportive of Mr. Carlock's car event. After discussion, the Committee concurred with staff recommendation to amend the City's existing ordinance to extend the time frame for special event application to one year. Staff was directed to place the proposed ordinance amendment on the Council agenda for action. B, REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING MOTOR HOMES PARKED ON PUBLIC STREETS Captain Lynn explained that there was often a delayed response to complaints about motor homes and other vehicles parked on the streets. It is a vehicle code violation rather than a municipal code section that indicates the vehicle must be removed within 72 hours. After considerable discussion about the types of vehicles, legitimate needs to park on streets, possible exceptions, numbers of vehicles parking on city streets, the complaint driven process, the need for owners of vehicles to be good neighbors, safety issues, and a prior history of sensitivity on this issue, City Attorney Gennaro indicated she would bring back samples from other cities for comparative purposes and review at the Committee's January meeting. C. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO COMMITTEE MEETING CALENDAR FOR 2004 Chairperson Benham asked the Committee if there were any concerns about the dates proposed in the meeting schedule. Having none, the motion was made and accepted to adopt the proposed meeting schedule for 2004. The schedule for 2004 is as follows: Agenda Summary Report DRAFT Legislative ~nd Litigation Committee December ~ 5, 2003 P~ge 4 January 12, February 23, March 22, April 19, May 24, June 21, July 12, August 23, September 20, October 18, November 15, and December 13. 6. COMMITTEE COMMENTS None. 7. ADJOURNMENT The meeting adjourned at 2:30 p.m. Staff Attendees: City Manager Alan Tand¥, Administrative Analyst Trudy Slater; City Attorney Ginny Gennaro; Police Captain Bryan Lynn; City Clerk Pam McCarthy. Other Attendees: William Solko, Art Carlock, Yolanda Avalos, Cathy Butler, Dale Simpson, Koral Hancharick MEMORANDUM CITY ATTORNEY'S OFFICE January 9, 2004 TO: LEGISLATIVE AND LITIGATION COMMITTEE FROM: GINNY GENNARO, CITY ATTORNF~[~ SUBJECT: OVERSIZE VEHICLE PARKING For your review and discussion at the Legislative and Litigation Committee and pursuant to the Committee's request, I have attached, in alphabetical order, sample ordinances from Agoura Hills, Camarillo, and Thousand Oaks which prohibit oversize vehicles parking. GG:Is s:\LYN\GINNY\CORRESPOND ENCE\OvERSIZPRK .: .NextPage LivePublish ~,~'(Z)(~..~_,~ ~'--~t~~'~ ~ Page 1. of l 3201. Oversize vehicles; parking within residential zone. (a) No person shall park or leave standing upon any public street or highway within a residential zone, as shown on the official zoning map of the city as may be amended, any oversize vehicle at any time between the hours of g:00 a.m. and 5:00 p.m. For the purposes of this section, the term noversize vehicle' shall mean any vehicle or combination of vehicles which exceeds twenty (20) feet in length, eighty (80) inches in width, or eighty- two (82) inches in height, exclusive of projecting lights or devices allowed by Sections 3510g, 35110, or 35112 of the Vehicle Code as may be amended. (b) This section shall not apply to any person who is actually engaged in the loading or unloading of any noncommercial oversize vehicle or is actually engaged in making emergency repairs thereon. Further, this section shall not apply to any commercial oversize vehicle making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on a public street or highway within a residential zone or delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon a public street or highway within a residential zone for which a building permit has previously been obtained. (c) Violation of this section is hereby deemed to be an infraction and is punishable according to the provisions of section 1200(b) of this Code. Furthermore, I~ursuant to Section 22651 of the Vehicle Code, any oversized vehicle parked or left standing on a public street or highway in a residential zone in violation of this section may be removed from the street or highway upon which such vehicle is parked or left standing. (Ord. No. 33, 10-1g-83; Ord. No. gO, 10-2-85; Ord. No.gl, 10o16- http://~ivepub~ish.munic~de.c~m/2/~pext~d~~/Inf~base36/~/252/258?f=temp~ates&fn=d~cument. 1/7/2004 · ..NextPage LivePublish Page 1 of 1 3202. Commercial vehicles; overnight parking. (a) No person shall park or leave standing upon any public street or highway any commercial vehicle having an unladen vehicle weight of eight thousand. (8,000) pounds or more at any time between the hours of 2:00 a.m. and 6:00 a.m. (b) This section shall not apply to any person who is actually engaged in making emergency repairs on a commercial vehicle subject to the provisions of this section. (c) Violation of this section is hereby deemed to be an infraction and is punishable according to the provisions of section 1200(b) of this Code. Furthermore, pursuant to Section 22651 of the Vehicle Code, any commercial vehicle having an unladen vehicle weight of eight thousand (8,000) pounds or more parked or left standing on a public street or highway in violation of this section may be removed from the street or highway upon which such vehicle is parked or left standing. (Ord.~No. 33, 10-19-83; Ord. No. 91, 10-16- http://~ivepub~ish~munic~de~c~m/2/lpext~d~l/Inf~base36/~/252/25d?f~~temp~ates&fn=d~cument~ 1/7/2004 I ... ,,NextPage LivePublish :.' (~ Page 1 of 1 3203. Oversize vehicles; parking pass within residential zones. Notwithstanding the provisions of section 3201 of the Agoura Hills Municipal Code, an oversize vehicle, as defined in section 3201, may be parked in a residential zone if a one-day parking pass is issued pursuant to this section. The purpose of the oversize vehicle parking pass is to give owners of oversize vehicles an opportunity to park adjacent to their residences for loading and unloading and to allow out-of-town visitors to park in front of the residence which they are visiting for a limited time period during the hours otherwise prohibited by section 3201. The provisions of this section shall not supersede any covenants, conditions and restrictions or other private agreements. The terms of such oversize vehicle parking passes shall be as follows: (a) Issuance of pass. Oversize vehicle parking passes shall be issued by the city manager or his designated representative and the Los Angeles County sheriff's department. Any bona fide resident may obtain an oversize vehicle parking pass to park such vehicle in front of his or her residence. Any out-of- town visitor of a residence may obtain an oversize vehicle parking pass authorizing the visitor to park such vehicle in front of such residence. For purposes of this section, "out-of-town Visitor" shall mean any person who permanently resides in a city other than ^goura Hills. (b) Application. To obtain an Oversize vehicle parking pass, each_applicant shall furnish his or her and address, the license number of the oversize vehicle and thelocaflon at which the applicant desires to park the vehicle. (c) DesCriPtion of pass; display. The oversize vehicle parking pass shall be issued in card form and shall include the identifying license number, the date of issuance, and the day the parking pass is valid. Such pass shall be placed in the interior of the vehicle in such a manner as to be clearly visible to traffic enforcement officers. (d) Duration and renewal. The oversize vehicle parking pass shall be valid for a one-day period. Upon expiration of a parking pass issued under this section, the applicant may apply for and be granted a new oversize vehicle parking pass if the applicant still qualifies under the conditions, set forth herein. In no event shall more than two (2) parking passes be issued to an applicant within a thirty-day period. (e) Fee. The city council shall, by resolution, establish a fee for issuance of a parking (Ord. No. 104, 5-13- http://livepub~ish~munic~de~c~m/2/~pext~d~~/Inf~base36/~/252/262?f=-temp~ates&fn--d~cument~ 1/7/2004 Section 11.20.220 Oversized vehicles--Parking prohibited--Parking permits. A. Definitions. For the purposes of this section, the following words or phrases shall be defined as follows unless the context clearly otherwise requires: "Out-of-town visitor" means any natural Person who does nOt reside in the city and who is temporarily visiting a resident of the city. "Oversized vehicle" means any vehicle, as that word is defined in the Vehicle Code, or a combination of connected vehicles, which exceeds twenty-five feet in length, and/or eighty inches in width and/or eighty-two inches in height, exclusive of such projecting lights or devices as are expressly allowed pursuant to the California Vehicle Code as it now exists or hereafter may be amended. "Oversize vehicle" shall not mean or include a pickup track, which is less than twenty-five feet in length and eighty-two inches in height. , "Residential areas" means those residential areas of the city identified in Exhibit A, attached to the ordinance codified in t)_is section and incorporated herein by this reference. "Commercial areas" mean those commercial areas of the city identified in Exhibit A, attached to the ordinance codified in this section. "Highway" shall be defined as set forth in the Vehicle Code. B. Daytime Parking Prohibited. Except as provided in subsections C or D of this section, no person shall park or leave standing any oversized vehicle at any time between the hours ten a.m. and four p.m. Mondays through Fridays, inclusive, holidays excepted upon any highway within a residential area or a commercial area of the city. C. Exceptions. This section shall not apply: 1. To any person while actually engaged in the loading or unloading of an oversized vehicle; or 2. To any person while actually engaged in making temporary or emergency repairs to an oversized vehicle; or 3. To any person while actually engaged in the pickup or delivery of goods, wares and merchandise, including, without limitation, building materials, from or to a property or building located in a residential area or a commercial area; or 4. To any person to whom, pursuant to subsection D of this section, a valid oversized vehicle parking permit has been issued; or 5. To any public emergency vehicle; or 6. To any oversized vehicle properly displaying a valid oversized vehicle handicap permit. D. Permits. 1. Oversized Vehicle Parking Permit. An oversized vehicle may be parked on a highway in a residential area or a commercial area if an oversized parking permit or an oversized vehicle handicap permit therefor is issued by the city pursuant to the following: a. Purpose. The purpose of authorizing the issuance of oversized vehicle parking permits is to give owners of oversized vehicles an opportunity, for a limited time, to park the oversized vehicles on a highway adjacent to their residences or businesses for the purpose of loading or unloading such oversized vehicles, and to allow an out-of-town visitor to park on a highway adjacent to the residence which the out-of-town visitor is visiting for a limited time period, notwithstanding the provisions of subsection B of this section. The purpose of authorizing the issuance of oversized vehicle handicap permits is to allow a handicapped person, whether or not such person has a handicap license plate, to park a designated oversized vehicle on highways in the city. b. Issuance of Permits. Oversized vehicle parking permits and oversized vehicles handicap permits shall be issued by the police chief of the city, or designee. c. Requirements for Oversized Vehicle Parking Permits. Any bona fide city resident may obtain an oversized vehicle parking permit to park a designated oversized vehicle, for a limited period of time, on a highway adjacent to his or her residence or his or her commercial business. Any out-of-town visitor to a residence within the city may obtain an oversized vehicle parking permit authorizing the visitor to park a designated oversize vehicle on a highway adjacent to a specified residence where he or she is a guest. d. Requirements for Oversized Vehicle Handicap Permit. Any bona fide city resident may obtain an oversized vehicle handicap permit if such person would be entitled to receive a handicapped placard or license plate pursuant to the provisions of the California Vehicle Code, and if the oversized vehicle is the only vehicle able to accommodate the resident seeking the same. Oversized vehicle handicap permits shall be valid so long as the holder thereof meets the requirements of this section relating to such permits, and meets the qualifications for a handicap placard or license plate pursuant to the Vehicle Code, regardless of whether such an individual applies for and receives a handicap placard or license plate. e. Application Forms--Fees. Each applicant desiring an oversized vehicle parking permit or an oversized vehicle handicap permit, shall file with the police chief, a completed city application form therefor, and pay the processing fee if required by resolution of the city council. f. Description of Permits. Oversized vehicle parking permits and oversized vehicle handicap permits shall be issued in a form approved by the police chief, and shall include the license plate number of the oversized vehicle to which it relates, and, as to oversized vehicle parking permits, the date of the issuance and the day of its expiration. g. Display. All permits shall be placed at the lower driver's side of the windshield of the oversized vehicle to which it relates so that it is clearly visible from the exterior of the oversized vehicle. h. Oversized Vehicle Permit--Duration--Renewal. i. Oversized Vehicle Parking Permit. An oversized vehicle parking permit shall be valid for a period not to exceed five consecutive calendar days. Upon expiration of an oversized vehicle parking permit issued under this section, the applicant may apply for and be granted additional oversized vehicle parking permits if the applicant still qualifies under the conditions set forth herein. In no event shall oversized vehicle parking permits be issued to an applicant for a total period in excess of ten days within any consecutive ninety day period. ii. Oversized Vehicle Handicap Permits. Oversized vehicle handicap permits shall be valid for a period of two years, and may be renewed, if the applicant continues to meet the qualifications therefor. An oversized vehicle handicap permit shall be automatically revoked if the holder thereof no longer meets requirements of subsection D of this section. B. Signs giving reasonable notice of the prohibitions contained in this section shall be erected within the city as required by Califomia Vehicle Code Section 22507. (Ord. 928 § 1, 1999; Ord. 925 § 1, 1999; Ord. 886 § 1, 1997: Ord. 875 § 1, 1997.) Sec. 4-3.420. Prohibition of owmight parking on posted public streets. Page 1 of 1 TITLE 4. PUBLIC SAFETY CHAPTER 3. TRAFFIC Sec. 4-3.420. Prohibition of overnight parking on posted public streets. (a) Designation. Upon filing with the City of a petition signed by seventy-five (75%) percent of the property owners of property adjoining any public street which is requested to have restricted parking, the City Council shall hold a noticed public headng and may, by resolution, direct the City Engineer to post specified public streets, or portions thereof, within residential zones of the City, restricting parking or standing of vehicles between the hours of 2:00 a.m. to 6:00 a.m. (b) Prohibition. Between the hours of 2:00 a.m. to 6:00 a.m., it is unlawful for any person in any residential zone to park or leave standing a vehicle, as defined by the California Vehicle Code, on a posted public street without a properly issued City permit visibly shown in the vehicle. (c) Exemptions. The following vehicles are exempted from the no-parking and no-standing provisions of this section: (1) Any vehicle registered with the California Department of Motor Vehicles to a disabled person, as defined in Section 22511.5 of the Vehicle Cede, and bearing a distinguished license plate issued by the Department of Motor Vehicles; (2) Any vehicle which cannot be parked off the roadway because of ongoing construction activity at the adjoining property, and the Police Department has been notified; (3) Any vehicle parked only for such time as the person parking the vehicle shall be making deliveries or pickups at a property within the immediate area; (4) Any ambulance or other vehicle parked for an existing fire, safety, or health emergency purpose; (5) Any vehicle which has been issued and displays a permit issued under this Section; (6) Any vehicle owned, leased or operated by the City, or any other governmental agency or by any public utility company; (7) A recreational vehicle which is parked for only one twenty-four (24) hour period for the purpose of loading and unloading. (d) Permit. The Public Works Department shall review and may issue twelve (12) month permits for each dwelling unit to be used for parking by the occupants of that dwelling upon submission of a written application, payment of appropriate processing fee, and in accordance with specific guidelines established by the City Council by resolution. Such permits shall allow parking or standing of vehicles on public streets between the hours of 2:00 a.m. to 6:00 a.m. No permit shall be issued unless all required garage parking areas or carports are being used for the parking of licensed and operative vehicles. Guest permits may be obtained consistent with the City Council's resolution authorizing such posting. (§ 1, Ord. 1139-NS, eff. March 17, 1992) http ://municipa~c~des~exisnexis~c~rn/cgi-bin/hi~ite~p~/c~des/th~aks/-DATA/TITLE~4/CHAP~ 1/7/2004 LEGiSLATiVE AND L T GAT ON COMMITTEE 2004 MEETING SCHEDULE C~ty Counci~ Regular Meetings beg~n ~ 515 pm ~ Budget ~eet~ngs & P~esentat~ons Continued at 7:88 pm Monday's (~ Noon, Wednesday's (~ 5:15 pm Headn9 on 6/9, Adoption on 6/23 Holidays - City Hal~ Cfosed ~ Joint C~ty/County Meeting JAN ~RUARY M ~ 5~ , 27 APRIL MAY iNE M T W TH F S 1 2 3 5 6 7 8 9 10 JULY AUGUST ; OCTOBER DECEMBER Adopted December 15, 2003