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Home My WebLink About04/10/2007 B A K E R S F I E L D Sue Benham, Chair David Couch Jacquie Sullivan Staff: Christine Butterfield Regular Meeting of the LEGISLATIVE AND LITIGATION COMMITTEE of the City Council -City of Bakersfield Tuesday, April 10, 2007 1:00 p.m. City Manager's Conference Room City Hall, 1501 Truxtun Avenue -Suite 201, Bakersfield, CA AGENDA 1. ROLL CALL 2. ADOPT MARCH 6, 2007 MINUTES 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS a. Update on Veterans Parking - P.D. /City Attorney 5. NEW BUSINESS a. Discussion regarding Commercial Truck Parking - P.D /City Attorney 6. COMMITTEE COMMENTS 7. ADJOURNMENT • o2aFr B A K E R S F I E L D Sue Benham, Chair ristine Bu a eld, Assistant City Manager David Couch For: Alan Tandy, City Manager Jacquie Sullivan MINUTES LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, March 6, 2007 - 1:00 p.m. City Manager's Conference Room -Suite 201 City Hall, 1501 Truxtun Avenue, Bakersfield, CA 1. ROLL CALL The meeting was Called to Order at 1:03 p.m. Present: Councilmembers Sue Benham, Chair; David Couch and Jacquie Sullivan 2. ADOPT JANUARY 30, 2007 MINUTES Adopted as submitted. 3. PUBLIC STATEMENTS None. 4. DEFERRED BUSINESS a. Update regarding the Community Prosecution Program - Gennaro City Attorney Ginny Gennarro gave a brief overview of the program and the statistical data provided in the monthly reports. The City Attorney's Office and Bakersfield Police Department will continue to monitor the program and its impact. Statistical data will be provided to the Council every three to four months. No action was taken by Committee at this time. AGENDA SUMMARY REPORT Page 2 LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, March 6, 2007 5. NEW BUSINESS a. Discussion regarding Smoking in the Parks -Hoover Recreation and Parks Director, Dianne Hoover gave an overview of the current California State law which prohibits smoking within 25 feet of any playground, play ground structure or tot lot sandbox area. In addition, this law prohibits smokers from discarding cigarette buds within 25 feet of any playground area. To make the public aware of this law, the Recreation and Parks Department cites the California Health and Safety Code section 104495 and the fines associated with this violation, in the front section of the City of Bakersfield Recreation and Parks Brochure. This brochure is mailed out three times a year to 100,000 homes in the City of Bakersfield. Chairperson Sue Benham requested that staff draft a letter to respond to the citizen whose complaint was referred to Committee. No action taken by Committee at this time. b. Discussion regarding One-Day Use Permits for Fireworks -Fraze Fire Chief Ron Fraze expressed his concerns regarding the request for One- Day Use Permits and the impact it would have on the new ordinance currently in place. The current ordinance requires vendors to have a permit and a licensed pyrotechnician to display their products. Changes to the current ordinance will not be necessary if the transactions are conducted between the vendor and anon-profit organization. Cost of a license pyrotechnician is roughly $350. City Manager Alan Tandy reiterated the potential of significant liability to the City should such a permit be granted to the public. City Attorney Ginny Gennaro distributed an email from Dennis Revell of TNT that was sent to the City Attorney's office and the City Manager's office regarding the City's restrictions on fireworks. Chief Ron Fraze agreed with Mr. Revell's letter and stated that working with vendors within the provision services will not require change to the existing policy. Committee member Couch requested Scott Alten of Phantom be allowed to address his concerns at the next scheduled meeting. Chief Fraze agreed to make contact and address any of Mr. Allen's concerns directly. No action was taken by Committee at this time. AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE MEETING Tuesday, March 6, 2007 5. COMMITTEE COMMENTS None. 6. ADJOURNMENT The meeting adjourned at 1:35 p.m. Page 3 Attendance: Staff: Atan Tandy, City Manager; John W. Stinson, Assistant City Manager; Christine Butterfield, Assistant City Manager; Rick Kirkwood, Management Assistant; Ginny Gennaro, City Attorney; Janice Scanlan, Assistant City Attorney; Kirk Blair, Deputy Fire Chief; Ron Fraze, Fire Chief; Ralph Korn, Risk Manager; Cheryl Perkins, Treasurer; Howard Wines, Hazardous Materials Specialist Attendance others: Dianne Hardisty, Bakersfield Californian; Jenny Shearer, Bakersfield Californian cc: Honorable Mayor and City Council S:\Council Committees\2007\07 Legislative&Litigation\Mar 6\March 6 Minutes.doc TO: FROM: DATE: SUBJECT: Alan Tandy, City Manager CIT'~ `~r'v.~'~~Ft''SJFFIC Lt. Jay C Gorton, Traffic Commander April 4, 2007 Referral #001657: Parking Considerations for Veterans The City of Fresno currently provides free parking for veteran's vehicles which display license plates indicating the registered owner is a Purple Heart recipient, Medal of Valor recipient, or other specified military service and honors. Fresno offers free parking for these vehicles at their convention center, airport, metered parking, City Hall and other parking facilities within the city. Normally, the City of Fresno charges a fee for parking at these locations After reviewing Fresno's program, staff determined a similar program would be unnecessary in Bakersfield. The City provides free parking on streets and in City parking lots. The Convention Center and Centennial Garden .parking is administered through a private management company and the airport is a county run facility. Staff is available for any questions regarding this matter. Respectfully Submitte ay C Borton ''~,°-r`--!'~'`~°,: COiTNCILMAN BOB LUNG ~ ._ ~.~ :-.,:., '' _ ~ 4fiH COUNCIL DISTRICT ;~ • ~ FRI15N0, CALIFORNIA :~; ~1~ ~'FO ~~ . 2bfl0 Fresno Strae: Fresea City Hari ..t 1~~E~~~~~~ ,~~~~~~ Fr~aro, C.'ti 93722 t2683498•iSbO rah ~,~~,~ ~1~DINA~~~E N~. 95-60 co~:nt•s~>z:~a ~Y 498-1Sf7~ ~~~~ V~L11~~ ~ V ~ L~ iA' ~GtS1t ~~~.a~a~ ~'AR.h'~l'~'~ ~'EE ~V~-~:~ER, ~~~ ~, aha~san 'I'H S~'EC~AL S'~A'~`E LICENSE Chief of5thft t'~~t a9R•a3t~A ~LA 1 L1 ~ . ~aua I3iMsgb*iu ~~`°`~°''``y ~ want to take this opportunity to inform ~'~ of t G i! G the new city ordinance making free pad' as on a ~,~,s= 3~,~~'"s available to veterans honored for their.~~c~very d9g.~~°~ and serviee to our country. . Gave Sraeliing ~' :. _-•---- .- •-- . Field ``g~"~`•`.`;:" "r it38• B G4 t .. . _ ~ . ..._.. .._. ~ _......r---•------~.....~.._ 1VIy ordinance allows free ~~i~r~ing at: I}arr~rl Prissce ~.. 3,~1.e ~~'esl~.~ ~ 1 e.~"~.~Ild.t ~;~'~ R : 2 °I`he Canv~ention ~erater ve t:yrrsrnta~ .gA-'~°' =3. Au City parking meters ~ . City Hall - •~~ . ~.~ Clty-awned parklllg lots those eli~g~l~;ile.inelude holders of th.e following honors as wed. as their widows: 1. Congressional. IVledas of donor recipients .: ;~enn oaf ~Talor recipients ~~ . ~ ~'or~~i,so~ers of ~var 4 , Purple ~ ~[,'~ ~L~Cipients ~' e arI Harbor ~~vt~rs This ordinance is but~•a sn~~.~ taken of appreciation for the r~nn and ~vo~en who gave Their ~~ to ensure the freedom of our ~~t~t~y. Panted'a: Lab.r f.C.EA. (~,p~ -Cy1DY`~0.~ C~~~ 3ot- x100 ~nm ~t~- ~s9l~s ~faoo Deacor, +~~e, ~,. c:~. g33o~ o~dB ~~R U ~1® c9LIF0 1 MEMORANDUM CITY ATTORNEY APR 0 3 2007 CITY ~~~. ~E~?'S (~FFIC~~ April 2, 2007 TO: FROM: LEGISLATION AND LITIGATION COMMITTEE Sue Benham, Chair David Couch Jacquie Sullivan - lN VIRGINIA GENNARO, CITY ATTORNE , HELENA RHO, ASSOCIATE ATTORNEY SUBJECT: VETERANS PARKING Neither state law nor the Bakersfield Municipal Code provide for parking privileges applicable to all veteran drivers. However, pursuant to the California Vehicle Code section 5007, parking privileges are given to disabled veterans who have obtained a special license plate from the Department of Motor Vehicles under certain circumstances. Pursuant to Vehicle Code section 5007, veterans must submit a doctor's statement which indicates that the veteran in question has a service-connected disability with at least one mobility impairment. Registration fees are waived and free "DV" handicap license plates are issued. Vehicle Code section 22511.5 allows disabled veterans to park in any zone that is restricted as to the length of time. It also permits all disabled individuals to park in any metered space without being required to pay fees. In order to receive this- privilege, veterans must display a special placard issued by the DMV on their vehicle. The Bakersfield Municipal Code section 10.32.020 designates "blue curb" zones for disabled persons and disabled veterans pursuant to Vehicle Code section 22511.5. Further, Municipal Code section 10.23.040 provides for street and off-street parking for disabled persons and disabled veterans pursuant to Vehicle Code section 22511.7. Veterans must display the special placard issued by the DMV pursuant to Vehicle Code section 5007. Legislative and Litigation Committee April 2, 2007 Page 2 It should be noted that Culver City recently enacted an ordinance which provides parking privileges to .specified veterans. Exempted from municipal parkin_g fees are veterans who have been issued a special interest license plate per Vehicle Code section 5101.3 (Pearl Harbor Survivor), 5101.4 (Legion of Valor), 5101.5 (Former American Prisoner of War), 5101.6 (Congressional Medal of Honor) or 5101.8 (Purple Heart Recipient). West Hollywood has also enacted a similar ordinance which allows free on-street metered parking for certain veterans and states as follows: 15.04.055 Exemptions for specified veterans: A. For purposes of this section, a "veterans license plate" means. a current license plate issued by the Califomia Department of Motor Vehicles pursuant to Califomia Vehicle Code Sections 5101.3,. 5101.4, 5101.5, 5101.6 and 5101.8, or an equivalent current license plate issued by any other state identifying the owner as a Medal. of Honor recipient, Legion of Valor recipient, Purple Heart recipient, Pearl Harbor Survivor or Former American Prisoner of War. B. A vehicle upon which a veterans license plate is displayed may be parked in any on-street metered parking space without charge. C. The provisions of this section do not excuse or exempt a vehicle displaying a veterans license plate from compliance with any and all other parking regulations, including but not limited to disabled parking, parking time, street sweeping, no parking and vehicle height restrictions. The City Attorney's office will be available to answer further questions on this matter at the Committee meeting. S:\COUNCIL\Committee\LEG & LIT\06-07\veterans parking.doc In order to receive the special recognition plates, individuals must apply and meet specific documentation requirements outlined by the Department of Motor Vehicles. The DMV reports that there is approximately 10,000 veteran's special recognition license plates registered to California vehicles. MEMORANDUM cmr arroRNi~r January 25, 2007 TO: LEGISLATIVE AND LiT'iGAT10N' COMMITTEE Sue Benham, :Chair Zack Scrivner Jacquie Sullivan ~~ FROM: VIRGINIA GENNARO, CITY ATTORN HELENA RHO, ASSOCIATE CITY ATTORNEY SUBJECT: COMMERCIAL TRUCK PARKING QUESTION: Can the city raise; fines. for commercial trucks illegally parked in residential areas? AN„_ Yes. The California legislature has left the decision detem~tining parking. penalty amounts to the local governments. Asa "civil penalty," the. city can raise the current `penalties without caps. However, any. raise in penalties should be appropriate and just~ed. ANALYSIS Vehicle Code (VC) section-22507:5 allows local authorities to prohibit commercial vehicles from being parked in a residential district. Bakersfield Municipal Code 10.32.140 presently prohibits such parking: Further, section 40203.5 of the VC allows cities to determine the schedule of parking penalties. 'The law mandates'that to the extent possible, agencies .within the erne county standardize penalties for parking .violations. Parking violations are not capped like regular ;in#ractions or misdemeanors because such violations have been de-criminalized and are now subject to "civil penalties." In 1992`the California Legislature signficanffy amended the Vehicle Code to establish a separate civil administrative- scheme for en#orcing parking violations. Section 40200~a) directs Ghat any non- misdemeanor parking violation "is subject #o a :civil uenalfv" to be enforced through "the civil administrative procedures set forth in this article." CaI. Veh. ' For the city, infraction penalty is capped at $50 for. a first violation,. $100 for a second violation within one year, and $250 for each additional violation within one year. State law allows infract+sons to be fined at $100 forthe first offense, $200 for the second within a year, and $250 for each additional violation within one year. Code § 40200(a). The scheme provides for civil penalties for violations and delinquent payments, but no criminal. sanctions. Legislative intent, California court decisions, and the interpretation of the Attorney General all confirm that parking violations are "[n]o longer...tr+eated es infractions within the criminal justice system; instead,. they are treated as civil offenses subject to civil penalties and administrative er~forrernent." Tyler v. County of A/ameda,.G995) 40 Cal. Rptr. 2d 643, 645; see also .Cal. Stets. 1992, c: 1244 § 1(b), 1992 CaL Adv. Legis. Serv. 1244 ("Criminal penalties ere not appropriate sanctions for standing and parking violations; and criminal procedures are not necessary for the fair enforcement of those violations."); 82 Op. Att'y Gen. Cal. 47 (1999) (adopting the interpretation in Tyler). .Presently, the Bakersfield municipal code indicates that parking violations are treated. as infractions, and therefore, limited to the capped fine amounts. if we wan#to change the parking penalties, we may first want to add language. to the municipal code specifying that parking tickets are subject to "civil penalties," and are not to be capped in the same manner as infractions or misdemeanors? The..last time parking fines were raised in Baketsfieki was in 1994, byway of resolution, and changes supported bythe new law and a memorandum from a traffic lieutenant from the police department. The supporting memorandum cited to a surveyof selected :cities, and an effort was made to keep our fines within the. same ranges. Recently, Lt. Borton, the current traffic lieu#anant, opined that inflation end higher costs to support services are good reasonsto raise our fees.. Lt. Borton will contact cities comparable to Bakersfield and report back to the Committee. CONCLUSION: The city can raise the .parking penalties, and there is no per se "cap". .However, the Vehicle Code and general-practice provides some guidance: penalties should be similar to those imposed by other agencies and raises should be justified. 2 Forexample, the city of Santa Monica added the following anguage in 1993, in response to the new parking laws: Any person violating. any of the provisions of Section 3.04.020 of the Santa Monica Municipal Code shall be assesseda civil penalty as provided for in the CaliFomia Vehicle Code Sections 40200 et seq.' Any person assessed a civil penalty under the provisions of Section 3.04.020 shall be liable to pay penalties and fees. of not less than eighteen Dollars ($18.OO~s provided ' for in this Chapter.. each such person shall be assessed a separate civil penalty for each and every commission of any violation of any provisions of Section-:3.04.020 of this Cade and shall be liable accordingly. In addition to any other penaty provided by law, any vehicle parked in violation of Section 3.04.020 of this Code `may be towed, at the owner's expense, from the parking lot and impounded,: and the owner #hereof, shall be responsible for any fees in connection with such towing and impounding. This amendment shall become effectivve July 1, 1993. S:WTTORNEYIAAEMOS\06-071commerdal trucks.doc TO: FROM: DATE: SUBJECT BAKERSFIELD POLICE MEMORANDUM C. Butterfield, Assistant City Manager Lt. Jay C Borton, Traffic Commander April 5, 2007 Commercial Vehicle Parking i ~~ APR 0 5 200 CITE' _~ ~' ~E=t=€t`" A survey was conducted of five municipalities in the Central Valley to compare fines for violation of statutes concerning commercial vehicles parking in residential areas. The following information was obtained: Fresno $100.00 Merced $20.00 Modesto $50.00 Sacramento $100.00 Turlock $5000 (first offense) $100.00 (second offense) $150.00 (third offense) Bakersfield currently levies a .fine of $65.00 for this violation. PUBLIC STATEMENTS SPEAKER'S CARD Legislative and Litigation Committee of the City Council Committee Meeting Date You are invited to address the Committee under Public Statements on any subject that is listed on the Committee Agenda. Public statements are limited to three (3) minutes per speaker. The Committee by simple majority vote, waive the time limit. No action will be taken; this Comr gathers information and reports back to the City Council. Please fill out a Speaker's Card and present it to the Committee Chair: Councilmember Sue Benham Name: ~ v Company/ n ~v Organization: V r-~- Address: ~ ~ ~ v'1 J Phone: 661 3 ZL ZO~~ Fax/e-mail. ~ 3 2Z 6 7~0 Sub;ect: ~d ~ r r u s~ ~ ~ Go p e~ o~rarri ~ ~.. LEGISLATIVE AND LITIGATION COMMITTEE Tuesday, April 10, 2007 ATTENDANCE LIST Name Organization Contact: Phone/ E-mail ~~ t'om'/r' ~.C''-y~`~~'~Cr~i(~- ~ i 7" ~~c ~`~/ (~+CO'u T~'C- .~~c~ 02 - ~ d ~v ~ ~ - ~, Rv ~ + ~ .- a -~,~~,v~-dl o C i D~ v ~ 6 s~ 6 rti~ `s 7c 3 6 3 3