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HomeMy WebLinkAbout04/08/94 ~ -,- I C>~ ~ I ."~ ~. - BAKERSFIELD MEMORANDUM April 8, 1994 TO: HONORABLE MAYOR AND CITY COUNCI~~ FROM: ALAN TANDY, CITY MANAGER ( SUBJECT: GENERAL INFORMATION 1. You will find enclosed a letter about a situation that could develop into a controversy. It involves the redesign of some land in the northwest from DeWalt Corporation, where they did not submit a timely traffic study. We have attempted to make an accommodation with them because it is a rather comp 1 ex si tuat i on i n order to a 11 ow them. add it i ona 1 ti me to get that traffic study in and have it reviewed. There may be a significant amount of traffic impact fee differential, depending upon whether their request is ultimately approved, or not. We do not intend for this to be a precedent. It is an attempt to be reasonable in working through a problem. 2. Last budget year, we told you the Airpark was projected to break even. The loss of some 1 ease revenue and accounti ng for donated time from other departments means that it is not doing that, and continues to need subsidy. 3. You may not have heard that the Civil Service Commission upheld the termination of the employee who was accused of theft out at the Corporation Yard. 4. The Board of Trade called us to a meeting this week. They want to review the possibility of consolidating with the Convention and Visitors Bureau. We agreed to think through the issue, but indicated that we felt the Convention and Visitors Bureau had been functioning effectively and that this function needed to be in the hands of the private sector. The Board of Trade1s version, I suspect, has it becoming a County operation. 5. You will find enclosed a letter from Harvel Plastics, a new firm coming here, which is complimentary in nature. 6. Mike Kelly turned up a 1950 news article, which is enclosed. The Fire Fund was an issue even back then. 7. The Rosedale No.5 tax split negotiations have come up (this is Texaco). There are also some sewer issues that have not been resolved with Texaco, but that tax split issue is in its 3D-day time period. We will attempt to meet with the County and come to accommodation. Ultimately, however, this probably will become a Council issue. 8. The City Attorneyls Office will be coming up with a Resolution, or other appropriate instrument, to make permanent the policy of the 1% preference I for in-City bidders, based upon our receipt of sales tax. ' , - '---~ - , - , -- -, , -- ,--- - -- ~.~~ I HONORABLE MAYOR AND CITY COUNCIL April 8, 1994 Page -2- 9. Responses to Council Referrals and inquiries are enclosed involving the sewer failure at Chester Avenue and Brundage Lane, the SPCA issue involving Sandra Williams. dogs and a traffic speeding complaint in the El Portal area. 10. The Fire Fund negotiations, I think, are on track. We are at conceptual agreement on all points at this time frame, and are attempting to transfer that into a final written document. I always qualify understandings with the County, however, because even when you think you1re there, sometimes conditions change. 11. Enclosed is a draft plan for a Hotel IIcelebrationli for May 3rd. Please call to add, delete or suggest changes. Hammons will also be doing that, as well as the bond underwriter, who will be fronting most of the cost. 12. Graffiti abatement information from the Police Department is enclosed. 13. An update on the pilot speed bump program will be presented at the April 13th Urban Development Committee meeting. A copy of the notice that will be sent to all residents in the affected neighborhoods is attached for your information. AT.alb Enclosures cc: Department Heads City Cl erk 'I " ~ - plS~ Æ . ..... 4LL-AilERICA cm \'"~' II - 1 I . I! B A K E R 5 F I E L D 'II 1990 March 29, 1994 Mr. Dennis DeWalt DeWalt Corporation 1930 22nd Street Bakersfield, California 93301 Re: Riverlakes Ranch Dear Dennis: As we discussed today, I' understand you wish to submit an application for a general plan amendment and a specific plan amendment for a portion of the Riverlakes development. This will also require amendment of the development agreement to be processed concurrently. As we also discussed, it will be necessary for you to submit a I traffic study along with your application. You have missed the I, deadline for submitting an application for the second general,plan II amendment cycle this year. Jack Hardisty and Fred Kloepper have II agreed, however, that they will accept a late application if the traffic study is received in Public Works by April 15. I If the traffic study is received by that date, and if Public Works 1 111 is able to review the study and furnish the Planning Department with mitigation measures by May 1, your application will be heard on June 16. If either of these conditions is not met, your application will have to be delayed until the August general plan amendment cycle. Please understand that allowing you to submit an application after the set deadline creates a hardship on staff because of the dead- lines it must meet. Understand also that this deadline has not been altered for any other projects for the June 16 meeting. Staff has informed me that you have been permitted to submit late appli- cations on numerous occasions over the past two years. Requests for alteration of these deadlines in the future will not be looked on favorably. /'ê .' Very tn,Üy youJ;J;;t,... . .-'" ¡ " ',~ /Lf-. (;"""'1..-<;I ? ... / f l ALAN TANDY i ¡ City Manager ( AT:kkr City of Bakersfield. City Manager's Office.. 1501 Truxtun Avenue Bakersfield ,8 California 8 93301 (805) 326-3751 . Fax (805) 325-9162 n /7:\ P.O, BOX 757 KUEBLER ROAD EASTON. PA. 18044.0757 HARVEL PHONE:: 610.252-7355 FAX; 610-253-«36 '-/. '. ... March 9, 1994 Jennifer Keel Faughn RECEIVED KERN ECONOMIC DEVELOPMENT CORP. ~ I^PR 5 ~ I P.o. Box 1229 Bakersfield, CA 93302 Dear Jennifer: CITY MANAGER"S OFFICE Let me start first by apologizing for not getting this letter to you as soon as p~omised. Fortunately, business has been extremely good and my travel schedule extremely hectic. As you know, the city of Bakersfield has been chosen as ~ the location for Harvel Plastics west coast warehouse operation. This decision was based upon several factors. Bakersfield is easily accessible to major highways which is extremely important. The other major conside~ation was choosing an area that closely resembeled our own community. Having had the opportunity to make several trips to Bakersfield during site planning, we developed a sense of feeling for the community like we have for our own. I would like to point out that the success of our company has been possible by the quality of our personnel. And, here again, we are extremely confident that Bakersfield, being a family oriented community, will afford us the same quality of personnel needed to be successful. Finally, none of this would have been possible without the tremendous amount of assistance and co~operation offered by yourself and the entire staff of the Kern Economic Development Corporation as well as Mr; David Lyman of the city of Bakersfield Economic and Community Development Department. citizens ot Kern County and the city of Bakersfield have a lot to be proud of and thankful for by knowing that your two organizations are working together to make their futures brisht. Once aqain, thank you for all you have done for Harvel Plastics, and we look foward to being a þart of your community. Sincerely yours, HARVEL P£ INC~ /l2,. . Patrick M~ Foose Vice President Sales & Marketing PMF/pv - -- :,,:1. "'--'---_..~~,.',' ,."-\,-c.'\ -- ..', ',., <', ,',,:,;,',"'>' ,i""', '<,'" --:-:~....... , ,~~~:~y;:",:,,}:,;,~:,' .~.i',èé:C::t;;i";~~'~:};~:"';;""~ ':,'-~J':" \ '1.:<,.,::~,.r..::.;.."_.',,..,,~'Sj"O:<4Œ}1:,; p;;:"~¡~',¿:~j$::!~~:å'E:¡tt:~uild;y;:'êii~íiary¡ 16,.1950: Mit ittIittsfulb' :OW¡fntitiiù~:t3:r".i::D "~,~:t~',:','.,;,,;'~'/~Al,:/,", :;:, ,.,r. ", '~ ',--, . .,'~~,'-~"ø.~:~,"'~. ;:,:,~,7.','O:~.t;,:n,.t:¡,,:,:!:,::,i ," ,,<~Y,Y:.lnS:'I:Xem'I:'1 ~:~I. ",;"l:,.,'Y >.,': ;' " c' ..;, :'ie,.'.' .' 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":?: 'g' "..> :,,/:~7::,..,:~- ,~c ':: .,~:,:' <;:::~;:~ -,:' .~:- ,:,::'~i:,("::~{~;;EÓ~ ,ð e.", ,e lance,: '~';.'-:"';"'"":..,,,:.~~...,',"""" .:",..,.".c::¡-~.)',_~","'".ì",t"",."", , ' ',,' "':::~r:.:,~:,/,' ,-'~;:'::<;'::::>" ":;~Ba!te~fi~ld.'~~~ty taxI>ay~rs':~~1.~:'~~~.~~~t~J~{~~þ~:~~p~d Oat,h, :::,1, 0 ,,',:C" ','O'U ntry,' ,: of:~S, tlpèrV"l,.,sors 'Y, ,este-rd, a' y:.,.à,ner, ll, o.o,}t,,:~~~,-:,;,,:,par,"~~}.;~,:~~~~PC'! "~\, ;',,' ~:;":;' {>~', :' :":".¡,": p,r ...: tfqi(~~l~(tb~~t~~rí h<'}llilò.~2),tr~c~~r~;'t~l~;~:¥~~~~~!!~j~, \ ;"A ;war' brld~ and, ',a n~Il:were ", Hòw-much 'thatexemption':Wlll5 þe-;:(}epell9.s:;op:.1ie~<!n;l,..., "",-' . ,'.' ,"", -" ,""~,""'" ",~""""-""""",'.'.'..,-'.'.'J""""",c",,,,>,: mo~g 11 persons,thattòo~ the oath mend~iiòil~'of'a:jÒinléitV':countYGøJ,Ifriiitt~cf'ahdJ.iqdget~~ , . ""<:""'~W':':'~>'-f,,;-,~:,,:~'t::.1\"'t,;:r~-"it'¡;i'n",: ctiøn',o ,;LU,e,.,.uvaI'u.,'.,;;', ,.;;; ""',:"", I ,-",:,,~,.-t'_,"Jl.J.:~;."'f~~¡;'ti';:;;¡;"'~?':"""'~"", Editor's Note: The older members of the Department will recall when the crew at Fire Station One prepared a free lunch for about fifty prominent business men ,', on a Friday noon at which time certain fire problems were' aired' and how, W another government body was informed a,t an~ther' stormy' hearing, " ,Ps.2r~; " ,i. ..a~~, These were the same group of about fifty Interested, Involved and CIVIC ,lslM'.~\" f'j¡ ," e. """,<",--",: )',hi' ," minded citizens-that we know, òrôûšli'oppos' ót1 '(lé 1 by',';súP'è"'}$Ör.è~~~rel!::"§,àl~f'r~~d, backed~ by ,'Chairman,: C. : w:~" '~arty I a~~~~~~~e~'¡~¡:f::4:~~~:~;,~;~7~ ' ,NÒO~.~Dd"W!!1.k.ér 'rotè¡fag~t, Sl eratl(¡u' a 0 er'" the-' motion' for, "partly,differeút i that 'exist, be~ween...the' reasons. ' ' ':" , ' :;~ ' èounty: '" ,,'" ,,' DeelaredXoon,';LanlTQtiJ;lg,Cno' , W11en. Salzer, moved tha.t, an on this motion becà.use .it,willbreaK , exemption' be ,awroved 't11è;re~d down thè countY', tax 'Súrùdure. '.~Iy then for an, exempti()n :in ,~&.J.~ position is the. Slime: as- that taken , 51 tax year' and that a., "tecJmiè:a1 by the, California Supervisors' Á$. I committee" :recommènd to. tlie-bœr4 80ciation." " ", ' 1 s.., "just: amount ~ ' of exemption," ;The city petitioned the eoiui.t:l'; , Walker asked tha.t the-, motión 'be to exempt city' tiJ.:ipayenf' from set aside for :a few days. neatly $17,000 a:yèar for structural R~rf; Asked fire protection from the- ,cOùnty :lire , ','I favor equitable adJustments, department. " ' ( but right now ¡don't. knOw just During. the hearing on the petiHon. 1 what is eqnitàble."~he expIain.ed. Re city spokèsmenasserted ,Bakersfield iltsked .~hat It conuxtitteereport :fiDd. has, a more, thanadeq~te :l!re' l' ingsat the next Monda¡- boud' department to take care' of i,tselt 'I meeting. ' and does not need the CO1)l1ty pro. ~ Bak~d Cit.v.1\:£a.Ìutge.r óa:rl' J. tection.",',' ~ Tlìornton led off with the' city ,CityGets ~enices;:- J arg¡J.JIleJ?t&; , , ' ' Noon replied that Bake~fieid ;) , . ,";rIle: condition: wb.i.eh ~ Ù1 receives ritRnYCoun,', tyse.rvfées"!4icl}' ~ BaJœrsfJ.èld ,is It unique one, Tho~ cost the' city nothing, ');he ,city, he kJ ton stated. .adding that th-e éity in asserted,:owes 'the county $103.000 ,'ì PJ:otecting neighboring,~, for careot, pr~onerSat: the c.cu~t;1 ~~ schools and the county hospital prc- jail' and: road camp in 1Mg. , " Ç¡ vide,s ,~the county, with:tl!(l.re :¡ÍJ:o- Walker declared, hedid"n~~ IDs'- " tectlon than it,tece1ves. agree at' the' time with arguments it He ,said ~city was ~~ lot the cityrepresent~ti1'es .Þ~!,,~Imt ;,;' .' , Continued 91) Pa e. 22 he' wa¡¡ted time: to .take into èmJ,.. ;(l ',.. ~¡ 101 l~ì ','d ,- ~~ :,',~,ì:_,.' ,,'I ,,' " . . , , ht> ~, s lO~'T~~f,' watched the' pa,- 1 CENTS PER COpy., ¡\4,', ¿j L¡,PAGS'1710 I pers and 'asked Braund 'the ll~h. r L~." :; I borhoodbut no'onea,dvertised for ,'. ' "'<.... , " , him.o-r<:a'mé"tö.clàimbiil1,' , ,",,' , -G'." ,: """ 'c'. "'.' ' " Hèh:ÚnåÌ}(!u1nÎ:ò,thefirehóusc,," " ',' , ,',' ' ",' ',' , ~~~~,,:~~~;~:County, ",' Ivas ,-, "Ity.,,"",:""" 'ta'kes, whenever the. 'SplrIt"'moves :," . , " " ' " '" ' !h,b=,~,.:::;i:"~,~i,'~"r_l~:';,~j~., rl,;~:F: ,'~.I"r','e' ',T'a'.x' '",,' '.E, ,'x"e' ~m. ' 'p"t.'I!~'o.,,'n'~',:", { for '!!qwpment;, ,the :'rapIne chases, , , I cats (Jt, 8neaks :'off' to ,play with the ' " , ," , ' " , ¡~i~~ S~oul,dca,,~":~e's 'not on;the 5'2' , ',' p, ' ", C. '!t,~i,:', -":,<f~".ommi,' =~",~' ~,:' '¡ city' pay,rolL", " , ,,' ", . er -ent' i aime« àt setting 'UP"--!1'clty-.~t! , œmmittee 1>n ~y, ,eontro-ç:erslal , ' : ' 'þroblems ßo as, 'to reach ìm amiè. i Sk'!' d -able settlement; , ' ¡ - " I ' ", ' -'The ,;.<ût:f :manager ,-praised, the , I,rte In. city, fire department, rated among ! ", d M' , the top',~ jn 'the nation: He said ~ B,o",or av' e : the, exemPtion, 'would mean a,' sav~ , ' ing tiJ çi.ty ~ayers of 14. cent$ \ ' òn every '$100 propeI'ty evaluation ' . " 1rot would {!nlY,mean a 'two' cent in- The~City of Bakersfield will~ease.to taXpayers outside the city, e'exempt -froinpayingtaxes' "'We are J!Rying through ,general , øÌ1'.52"pèrcent of the K taxes to, support ,the county fire I " ' ',- ", ' . department..we ,are willing to pay . -. countys4'UcturaIfire protec"! 'IorproJ:eetio1Í :of tné wAter - sheds, : tioD,'for -:th~- year b~ginni~~ r~~elaÍld~àiìd recreation areas Ju)y>1:",';"<"~ ", rt' ',;I:j~~,';wt~,<,re~entd',double~at~on~~ I ,', t"ü" f: n qn argue ~ , ,,' " ,~:;~~p.~.l_,on o,a"counl. ;":~'~'~:"~èxed Àreas,c:"L,-;~, I h~,,' g,' 5"ìno,n,ths'a, " ":;;"'d"d':";,ê,"th:..,'.j't",h,-,.....t"~"";';";-" ',; , ,'";;-:,,.,' ":':-,'J',..:,. ',",,' e,;;a eŒ. at. e',<;J.v',was,,'1lO t,he ~~~ ' -. 'Qp'~pV¡sors' yet... ås~ng~:fôr:~in::' ådjûštmiIit..: on' fe"~ terc:Iai~~È, ..tç~t9:ke~p*-é f ~~.t!f:¡~nn~xéd_, arellS; pending ~is. saine:f~u.ia~s::;JÌö#~.-eXiSt$. Boiiid ¡,~!ßlbo~: o~~<:?urtsJIits.~,.. '. ..' " r}j' ,,: .:"'L'-~'~, ~""'¿' '-,;' d,"S" . co"';", :~-;Supe."r,visor.',w.allier . favored shelv- " ah........A; ..-~,von'an npel'Vl. ~ '- """- .L"" ," , ", ." So~{~~~:~ ¡ili¡~¡ ;aiáin' : .-poÏ1~d ;~;~~ :~:~l:t~ ti;r~~~~e~ee~;l:~ the'~o",>v~~,-foliowingamotionleged' t8.x,jnequities. He refelTed to inti.¡jð,pi;ed:~yi Bákersfield' Supervi- 'tbe,$.'!O,thf, srirveyordered ' during sor ,C~le~,,'~\ Salzer.~" -; ','" " prelill1}nl!iy'budget sessions in early TlÌÍs' yeàr SuperVisó'li John :ÈIòit April., 0 ' ~....' , '. , MdFloY¡(:à-ií:rig; bóth:,of whose :dis. "Loûis, J.Kroeger and Associátes ~ tñèts'èUfinto,the'corþòràtearea of :of- San'Frai!ciseo are wor]{ing 1>n Bakersfiel~,suþportèd Salzer's mo;- : an,efficiency,survey, to cover;~ tioñ.:- La:iit yeãT, C. W., 'Harty' ,and ' de~tmfnts- of, county ,government. Ba1Ì1êy,L. Barnes ,were the'supervi~ By=tbe 'end::>! the year they wIq sor-s of the 1;¡econt1 ànd thìra :districts pe~form,.a;' eomplete cost analysis who~swungthe vote in~voi'ofthe 'and:study all sotÍrces of revenue. exemptiön, ',' " Thelr :repoJ,'t"will 'give the "existing , :' Rètains Stand' -' distrlbuti~n of 'the cost' of goyèrn. 'iT' ';".. .ü'. -_:....'. ment "lD.9J1Il.:aU' county residents." , ,I!:X -.1IleqtLt es ........~ In ~an;v':' flet Precedent ' \ serVices, tbecounty Offers the Clty. 1 Ming wanted to 1m w if 'tin have not cltangedmy -stand,'" Noon tb ". 0 gran g told Citi1.\Ü¡¡ e; Carl Thornton. e exception would set a prece" ¡ ~ton .. ,;:n.ied. the thrusts dent. County, CoU~~l Roy Gargano I hurled, aÞ<mt~ty 'prisoners being lodged fu'the 'éOunty jail ; 'city, inill- gents sWelling county relief rQl1$ ¡ and Bakersfield citizens accounting I for 'more' ~ 1lospital <mre ,than' Editor's Note: ,,' they 'pay m ~xes. ' , A check was made of the County AudItor-Comptroller s " , "r.eé" tik'.., h 'ibl 'its records which indicated that no County fire protection tax was , ,8.e eae prOem i}n levied against City tax payers after 1955, This was a very unjust o":~ ,~ent. We~'t solve eve11'- and inequitable tax, Presently; "the cities which provide their thUlg.m one,swoop" he ,count.ereeL own fire protection without County assistance are Delano, Mayor, Frank ,SUUivan, ,CIty At- Taft and Bakersfield and justly do not have to help County torney K-elly ßt~le and ~ Chief residents pay for their protection from fire, PhU 'Pifer attended, the bearrngá't 100 ¡' JI - -~ ~-- ------.- - ., " " . ~- -<. I Æ . RECEIVED - B A K E R 5 F I E L D [g PUBLIC WORKS DEPARTMENT MEMORANDUM CITY MANAGER'S OFFICE ..,,- TO: Alan Tandy, City Manager' ( FROM: Fred L. Kloepper, Aeting lie Works Directo~ (L, DATE: April 1, 1994 SUBJECT: City Council Referral Record #13137 Sewer Failures - Chester Avenue at Brundage Lane (Brunni) Per Councilmember Conni Brunni's request, a review of records revealed the following information: Referring to the attached print, the two green areas represent sewer failures and related street collapses. The bold, black line represents a bypass line constructed in 1986 about a month after the street had collapsed. The yellow highlighted sewer line is a concrete line that was rehabilitated in 1987 using "Insituform". The red lines are existing sewers that may need remedial work such as Insituform lining in the near future. We plan to video these lines to make that determination. The basic problem plaguing these sewer mains and others, such as the Stine Road-McCutcheon Road sewers, is the attack of hydrogen sulfide gas on the - Portland cement concrete pipe material. Where this gas is present, exposed concrete pipe can deteriorate at a rapid pace. The remedy today is to not use concrete pipe for sanitary sewers and to line concrete pipes with inert liners - such as plastic or resin materials. Another remedy is pipe replacement. For obvious reasons both lining and replacing concrete pipe are costly operations. -.mro REF13137.FLK Attachment , P' ~ ~~' >-- ;' ~ III' I I -..r- 1 L ::::='-":-' - - -j I ;: II :" ~ ¡\ ,~,~" ' J~!;,~:, :,,- ""', \ I ~, I'll I: V') "ttj '-..\ I ~ II' C\ ~ 1,Ii , I I ~ I ' ......... CJ I I!' "I I ~~. '-\ II' ~ ~~! ~ í II I ~ J..... I C\ I ' \!\ c::: IJ 'I :1 ~\, I-...:.~ \;),1, \ '~II I ~4J ~!:I(~ 't;111 ~~III Iii ~ ~ ~ ~ !:::) ~, I \: dÁJ.. 't-: ~ );11 ::::s::--.l \:::)i-: l/.Jql -- ::J \51 Ii ~ I:( '-J Ll.J ' , I , I ' ç; I \) i-.. {;:: II ~ II - I ...J"",,=< II' \'" ~ \:-(11 ' , 'J< \.J --- '\)CU~I ,I <:.j --- ' . ~ ~ 'I I If) ((\ ~;ç: II III IJ..:. 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I - B A K E R 5 F I E L 0 MEMORANDUM April 7, 1994 Ii TO: HONORABLE MAYOR AND CITY COUNCIL FROM: ALAN TANDY, CITY MANAGER SUBJECT: COUNCIL REFERRAL REGARDING S Attached is a report on this subject matter, as requested by you at the March 23rd Council Meeting. AT.alb cc: Ms. Sandra Williams , ,,- ~~-~----- ~ ~-----~-- ~~--- -~ - - ----~-_.~--- -- _u__--__m - ----------- ",'-~_i. .' . . Æ - B A K E R 5 F I E L D I MEMORANDUM April 6, 1994 TO: ALAN .TANDY, CITY MANAGER I FROM: M. A. DUNWOODY, ADMINISTRATIVE ANAL SUBJECT: COUNCIL REFERRAL REGARDING SANDRA WILL rAMS' DOGS First, there are two issues regarding Sandra Williams' dogs. Ms. Williams, 499 Pacheco Road, Space 218, has three dogs, a Llasa Aspo and two Shar-peis. Shar- peis are know as Chinese fighting dogs. Ruffels, the female Shar-pei, bit a child and the Bakersfield SPCA had issued a vicious order against her. Ms. Williams appealed the order, but it was upheld by the Vicious and Dangerous Animal Administrative Review Board on Wednesday, March 16, 1994. Ted, the male Shar- pei, was shot by Officer Robison of the Bakersfield Police Department. Officer Robison shot the animal, once, when it appeared that it was going to attack him. For reference, I have attached reports from the Police Department and the Bakersfield SPCA. Ms. Williams, who was not at home when any of this happened, also has copies of these reports. Also attached are the job classifications for a Bakersfield SPCA Animal Control officer. The SPCA has responded to calls about the Shar-peis running loose before. Most recently, the SPCA responded to one call on February 15th and two calls on February 18th. Notices were left on Ms. Williams' front door, but she failed to contact the SPCA. When questioned about this at the hearing, she responded by saying that she had called once, but was put on hold. At the time of this incident, the licenses and rabies vaccinations on both Shar-peis had expired. At approximately 5 :10 p.m. Sunday, February 20, 1994, Officer Shawn Denton of the Bakersfield SPCA was dispatched to 499 Pacheco Road, Space 243, regarding a dog bite and two vicious dogs running loose. Officer Denton has been an Animal Control officer since March 1993, and received a merit raise in January 1994. Officer Denton has been a Reserve Officer for the Bakersfield Police Department for 6 years and is qualified to operate as a one man unit. He has just completed his 560 hours of in field training to become a Level I Reserve Officer. Officer Denton spoke with Tammie Mara, the mother of 7 year old bite victim Dennel Mara. Dennel had been bitten on the arm by Ruffels when she went was trying to pick up her small dog. After Ruffels bit Dennel, both dogs ran back to home. Officer Denton went to space 218 to contact the owners, but could not get any response at the front door. --- I[ - I ¡S;"'~ ---3C-< " , ALAN TANDY, CITY MANAGER April 6, 1994 I. Page -2- The dogs were able to run back onto the property through a hole in the fence they had created. Ruffels then ran into the house through a doggie door and Officer Denton entered the property in order to confine both dogs. State Health and Safety Codes allow Animal Control officers to go onto private property to investigate an animal that has bitten someone. When Officer Denton was unsuccessful in persuading Ted, the second dog, to go into the house through the doggie door, he secured the doggie door with a 2'x 4' board and a large metal pot to keep Ruffels inside. Because the yard was not secure, Officer Denton made several attempts to catch Ted with a control pole. Each time Officer Denton attempted to gain control of Ted, the dog would attack and Officer Denton had to strike Ted with his baton. Eventually, Ted jumped the fence and Officer Denton followed. Officer Denton continued to try and place the control pole around the dog, with the same results. After Ted broke through a fence, Officer Denton requested back up from the Bakersfield Police Department. On weekends, and after hours, the SPCA has one officer on call; Officer Denton was on call this particular weekend. If the officer on call needs back up, either another officer must be contacted at home, or a call for assistance must be placed to the Police Department. Before responding to the scene, off duty animal control officers must take the time to dress and pick up an animal control vehicle at 3000 Gibson. Officers Porter, Robison and Reserve Officer Gavin were among the Bakersfield Police Officers who responded. Gavin and Robison found Ted in a grassy area of the trailer park complex. Officer Robison tried to coax Ted to him, but the dog ran away. He followed on foot and found that the dog had cornered itself between a fence and a gate. Officer Gavin began to call the animal and whistle to it, tapping his leg. The dog began to approach Officer Robison and then began charging him. Officer Robison had allowed room for the dog to pass and took steps to get out of the dog's way, but the dog continued toward him. When the dog appeared that it was going to attack him, Officer Robison shot him. The next day, the SPCA quarantined Ruffels and issued a vicious order with the condition that the dog be kept in a kennel no smaller than 5' x 12' on the Williams' property. Because of the unresponsiveness of Ms. Williams, the construction of the fence, the predispositions of the dogs, and the history of the dogs getting out of the yard, the SPCA felt that the kennel requirement was needed. On Friday, March 11, 1993 the Vicious and Dangerous Animal Administrative Review Board met and took testimony from the Bakersfield SPCA and Ms. Williams. They made a motion to continue the hearing until March 16th so that Board members could inspect the dog and Ms. Williams' property. When the Board reconvened, they voted to uphold the citation. I ! ,'?"',,:30,-"-,I- 11 " ALAN TANDY, CITY MANAGER April 6, 1994 Page -3- Since 1989, when the Vicious and Dangerous Animal Ordinance was adopted, the SPCA has issued several citations. Ms. Williams was the first to appeal. Per code, a vicious animal is defined as an animal that poses a potential hazard to the health and safety of humans, other animals or property. Criteria used includes whether the dog has bitten, or threatened to do so, if it displays a vicious temperament, if it is a general menace, and its reputation in the community. . mad 9 .-=.:S - " , BAKERSFIELD S.P.C.A -. ~ ., " . SPECIAL REPORT I II ! I! ¡ II CASE 94-00008 02/23/94 I ' DATE I ,! I! 'I CRIME OR INCIDENT VICIOUS DOGNICTIM OF A DOG BITE , I, CRIME OR INCIDENT DATE 02/20/94 LOCATION OF INCIDENT: 499 Pacheco Road/(a private residential complex) VICTIM: DENELL LEANN MARA WFJ/7 -dob: 08/12/86 pob: Bakersfield, California 499 Pacheco Road, Space #243/398-9024 Mother: Tammie Mara Attends Plantation School, 2nd grade REPORTING PARTY: TAMMIE MARA WFN35 499 Pacheco Road, Space #243/398-9024 DOG OWNER: SANDRA WILLIAMS WFN35 499 Pacheco Road, Space #218/837-1345 WITNESS: SUZANNA MAHONEY WFN59 499 Pacheco Road, Space #221/835-8463 WITNESS: JIM JONES WMN53 499 Pacheco Road, Space #221/835-8463 DOG #1: A tan and white Shar-Pei male, about three years old, named "Ted" II 499 Pacheco Road, Space #218 '! DOG #2: A black Shar-Pei female, about two years old, named "Rutfels:& 499 Pacheco Road, Space #218 dictated: 02/23/94 1200 I declare under penalty of perjury that the foregoing is true and correct,to the ben of my k...owledge. kdc 02/23/94 1436 FP OFFICER S. DENTON SPCA# A 1 0 TYPIST /DA 'fE/TIME BY 1 NUMBER APPROVED II R"v 71f1.? HT <; ~- ~ ¡" " 0 SPECIAL REPOKI CASE 94-00008 DATE 02/23/94 CRIME OR INCIDENT VICIOUS DOGNICTIM OF A DOG BITE CRIME OR INCIDENT DATE 02/20/94 INVESTIGATING OFFICER: S. Denton, #A10 - Animal Control Officer/Bakersfield SPCA Lieutenant C. Shaterian, #A2 - Bakersfield SPCA DETAILS: At approximately 1710 hours on 02/20/94, I was dispatched to 499 Pacheco Road, Space #243, regarding a victim of a dog bite and two vicious dogs running loose. Upon my arrival, I made contact with the reporting party, Tammie Mara. She told me that her seven-year old daughter; Denell Mara, had been bitten on the left arm by the black Shar-Pei dog which lives at 499 Pacheco Road, Space #218. I then contacted Witness #1, Suzanna Mahoney, who told me that while she had been sitting in her front yard at 499 Pacheco Road, Space #221, with her boyfriend, Jim Jones, she saw Denell Mara walking down the street to get her small dog. When Denell Mara tried to pick up her dog, the black Shar-Pei bit her on the left arm. Mahoney said that after the black dog bit Denell Mara, the dog ran back toward its residence. I also spoke with Jim Jones, who told me that while he was sitting in the front yard with his girlfriend, Mahoney, at 499 Pacheco Road, Space #221, he also saw Denell Mara walking down the street to get her. small dog, which had run down toward the two Shar-Pei dogs that were running around loose. Jones stated that when Denell Mara tried to pick up her dog, t~e black Shar-Pei bit her on the left arm and then the Shar-Pei ran toward its residence, located at 499 Pacheco Road, Space #218. I then responded to 499 Pacheco Road, Space #218, where I encountered two Shar-Pei dogs running loose in the street in front of Space #218. One of the dogs was tan and white and the other dog was black. I attempted to make contact at Space #218, but received no answer at the front door. I tried to catch the black Shar-Pei, and it ran back into its ¥ard through an opening in the fence which appeared to have been created by the dogs. Once tHe black Shar-Pei was in the backyard, it ran inside the residence through the doggie door on the north side of the residence. I attempted to catch the tan and white Shar-Pei, and it also ran back into the backyard. I tried to chase the dog back in through the doggie door so that I could secure the doggie door and keep the dogs from getting out again. However, I was unsuccessful in getting the tan and white Shar-Pei to go inside through the doggie door. I then placed a 2'x4' board and a large metal pot in front of the doggy door in order to keep the black Shar-Pei inside the residence. I attempted to catch the tan and white Shar-Pei in its backyard with a control pole. As I attempted to do this, the dog ran over to the south side of the residence, and I cornered it and tried to place the control pole over dictated: 02/23/94 1200 I declare under penalty of perjury that the foregoing is true and COrTect to the best of my knowledge. kdc 02/23/94 1436 FP OFFICER S. DENTON SPCA#A10 TYPIST/DA'IE/TIME BY NUMBER 2 . APPROVED n_u ..,n.. '" n .I . "';, ~ SPECIAL REPORT CASE 94-00008 DATE 02/23/94 CRIME OR INCIDENT VICIOUS DOGNICTIM OF A DOG BITE CRIME OR INCIDENT DATE 02/20/94 its neck, but the dog charged underneath the pole and tried to bite me on the leg. I drew my asp/collapsible baton and struck the dog three or four times in order to keep it from biting me. The dog ran back to the north side of the residence, where I attempted to get it cornered and place the control pole around its neck. Again, the dog ran underneath my control pole while I was trying to get it around the dog's neck, and tried to bite my legs. I struck the dog two or three times with my asp, and the dog ran back to the south side of the residence, immediately jumped over the fence and entered the neighbor's yard directly south of its residence. I followed the dog into. the neighbor's yard and attempted to contain the animal. I cornered the dog on the north side of the II residence, but was unable to put it on the control pole as it tried to bite me on the legs. I again , " struck the dog with my asp three or four times, and the dog ran to the south side of the residence. ! II II I! I followed the dog to the south side of the residence and found it in the corner, where I tried to place the control pole around the dog's neck but was unsuccessful in, doing so. The dog ran around the pole and north through this backyard. I followed the dog to the north side of the residence and again tried to put the control pole around its neck, but was unsuccessful in doing so. The dog ran back to the south side of the residence ançj jumped over the fence. I followed the dog to the next (south) residence. I had the dog cornered on the north side of the residence and attempted to place the control pole around the dog's neck. The dog broke through the lower fence of this residence and was running loose on the street at 499 Pacheco Road, in the #200 spaces. I advised my dispatch to contact the Bakersfield Police Department and have them send officers to assist me in getting this dog under control as it was a risk to the public in the area. By this time, I lost sight of the dog in the neighborhood. I stood by to wait for officers of the Bakersfield Police Department to respond to my location and conduct a search in an attempt to locate the dog in the neighborhood due to the fact that it was a contained, enclosed neighborhood. The first officer to arrive was Officer Porter, Badge #463. I made contact with him and explained the situation to him, and what had taken place prior to his arrival there. Officer Porter contacted the other officers of the Bakersfield Police Department who had responded into the area, and advised them of the situation. Officer Porter was then contacted by Officer Robison, Badge #664, who found the dog in front of Space #157. Officer Robison then contacted Officer Porter, who advised me of where the dog was located and had us respond to Space #157. Upon arriving at Space #157, I was advised by Officer Robison that he had the dog cornered by the northeast side of the residence at 499 Pacheco Road, Space #157. Officer Robison told me that as he had the dog cornered, it charged him, at which time he drew his firearm and fired one shot, striking the dog and fatally wounding the animal. II dictated: 02/23/94 1200 I declare under penalty of perjury that the foregoing is true and cornct to the best of my knowledge. I kdc 02/23/94 1436 FP OFFICER S. DENTON SPCA#A10 TYPIST/DATE/TIME BY NUMBER 3 APPROVED ... ~ .0' ,..,. , " . ". , ! " I ;; SPECIAL REPORT CASE 94-00008 DATE 02/23/94 CRIME OR INCIDENT VICIOUS DOGNICTIM OF A DOG BITE CRIME OR INCIDENT DATE 02120/94 I had my dispatcher contact my supervisor, Lieutenant Charles Shaterian, and had him respond to my location. Numerous photographs were taken of the dog and of the residence where the dogs had broken through the fence. A notice was left by me at the residence where the dogs reside, explaining what had happened and to contact us immediately. Later that same evening, I was contacted by the dogs' owner, Sandra Williams. I advised her of what had taken place, and she told me that she was very upset that her dogs had gotten out of the II yard and that one of her dogs had bit the little girl. Williams stated that she understood what had ! I, happened, and was very sorry for her dogs causing the incident. " i The following morning, 02/21/94, at approximately 0900 hours, I returned to 499 Pacheco Road, 'I Space #218 and picked up the black Shar-Pei that had bitten Denell Mara, and took it to the II Bakersfield SPCA, where it could be placed under quarántine. !I II No further details. dictated: 02/23/94 1200 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. kdc 02/23/94 1436 FP OFFICER S. DENTON SPCA #A 1 0 TYPIST/DATE/TIME BY NUMBER 4 APPROVED I[ !, " - --- II .r BAKERSFIELD POLICE DEPARTMENT ' . II ;: ~--=-~ SPECIAL REPORT "., ., l'C'jf CASE 94-07197 DATE 02/22/94 , 'I VICTIM OF A DOG BITE ¡ I CRIME OR INCIDENT II CRIME OR INCIDENT DATE 02/20/94 ^~ LOCATION OF INCIDENT: 499 Pacheco Road/(a private residential complex) VICTIM: DEN ELL LEANN MARA WFJ{l -dob: 08/12/86 pob: Bakersfield, California 499 Pacheco Road, #243/398-9024 I:¡ Mother: Tammie Mara I: Attends Plantation School, 2nd grade. " 'II REPORTING PARTY: SHANE DENTON WMA/27 'II Business: 3000 Gibson Road/324-3209 :/ II I:! WITNESS: SUZANNA MAHONEY WFA/59 'I II 499 Pacheco Road, #221/835-8463 I ,I WITNESS: JIM JONES WMA/53 499 Pacheco Road, #221/835-8463 ,II SUBJECT: RICHARD BENSON WMN50 499 Pacheco Road, #1.57/832-1431 OTHER EVIDENCE: Photographs were taken by me of the front- yard at 499 Pacheco Road, #157, and of the expended .45 caliber shell casing. The film was forwarded to the Bakersfield Police Department Crime Lab for developing. INVESTIGATING OFFICERS: D. Porter, #463; R. Robison, #664 'I dictated: 02/22/94 0515 I declare under penalty of perjury that the foregoing is true and c:orrec:t to the bftt of my knowledge. kdc 02/23/94 1335 FP .' OFFICER D. PORTER 463 TYPIST/DATE/TIME BY NUMBER 1 APPROVED PD643631 Rey. 7/82 HLS I '« "', . ., BAKERSFIELD POLICE DEPARTMENT "~-~"" SPECIAL REPORT '- CASE 94-07197 02/22/94 DATE CRIME OR INCIDENT VICTIM OF A DOG BITE CRIME OR INCIDENT DATE 02/20/94 DETAILS: At approximately 1746 hours on 02/20/94, I, along with other officers of the Bakersfield Police Department were dispatched to 499 Pacheco Road, #218, regarding an unknown situation where an animal control officer was requesting assistance from the Bakersfield Police Department. Upon my arrival in the area, I went to the vicinity of #218 and contacted the animal control officer, Shane Denton. Denton told me that he was dispatched to 499 Pacheco Road, #243, regarding a victim of a dog bite, and was advised that a 7 -year old juvenile was bitten by one of the neighborhood dogs. Denton said he was also advised that the dog belonged to the tenants 499 Pacheco Road, #218, and the dog was described to him as a black Shar-Pei. Denton went to #218 and tried to make contact but was unable to get anyone to come to the door. Denton checked the backyard of #218, and discovered that the fence was broken out, allowing the dog to leave the backyard. As he entered the backyard in an attempt to locate the dog, and observed a black Shar-Pei run through the doggy door and enter the residence at #218. Denton stated that he put a barrel in front of the doggy door to block the dog from re-entering the backyard until he could find the dog's owner{s). Denton said that he checked the backyard further, and observed a tan Shar-Pei in the backyard and upon the dog observing him, irgrowled and charged at him. Denton struck the dog several times with his asp (baton) to keep the dog from biting him, and then the dog fled the. backyard by jumping over the fence. Denton said that he tried to keep the dog in the neighboring yards, but the dog went over other fences and escaped from him. Denton then returned to his animal control vehicle and notified the dispatcher that he would need assistance from the Bakersfield Police Department in order to contain the dog. I advised other officers who were in the area of the situation and described the errant dog to them. As the officers 'were searching the neighborhood for the dog, Officer Robison located a dog that matched the errant dog's description, and made several attempts to contain the animal, but the dog continued to flee from him. Officer Robison kept the dog in sight and followed it to the northeast portion of the complex, where the dog was Gornered by a brick wall and wrought iron fence. Officer Robi$on attempted to get the dog to come to him, and the dog charged at him. Officer Robison, fearful that the dog was about to attack him, and as he did not want the dog to flee and possibly bite someone in the area, he fired one shot from his .45 automatic, striking .the dog. After Officer Robison advised us of the situation, Denton and I responded to Officer Robison's location, where Denton took the dog into custody. I took photographs of the area of #157, where Officer Robison had shot the dog, and also took a photograph of the expended shell casing. I went with Denton to #243, where we made contact with the victim and her mother. Upon viewing Denell Mara's left arm, I saw that there was a minor dog bite with two separate breaks in the skin. dictated: 02/22/94 0515 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. kdc 02/23/94 1335 FP OFFICER D. PORTER 463 TYPIST/DATE/TIME BY NUMBER 2 APPROVED PD643631 Rev. 7/82 HLS 'i) BAKERSFIELD POLICE DEPARTMENT . "',., ,...... - _. .~ SPECIAL REPORT . .. CASE 94-07197 02/22/94 DATE I' CRIME OR INCIDENT VICTIM OF A DOa BITE I I , , . CRIME OR INCIDENT DATE 02/20/94 j!¡ . I spoke with Tammie Mara, who told me that Denell had been playing with some other children in , the front yard at #221 when she had come running inside the house and said that she was bitten I by a dog. Denell Mara described the dog as being a large black dog, which was from #218. After obtaining this information, I checked the area for possible witnesses, and contacted Suzanna Mahoney and Jim Jones. Mahoney and Jones stated that they were sitting in the driveway of their residence in lawn chairs while numerous children were playing in their front yard, and Denell Mara was one of the children. They advised that Denell Mara's small little dog, a Chihuahua, was in the front yard with Denell. Mahoney and Jones advised that the black dog from #218 had been walking southbound in the street, and upon reaching the area of her residence, the Chihuahua ran at the black dog. Mahoney and Jones stated that the black dog turned and ran northbound toward #218 with the Chihuahua following, and the children had run after the Chihuahua in an attempt to catch it and take it back to their yard. Mahoney and Jones stated that when Denell tried to catch the Chihuahua, the black dog turned on her, charged at her and bit her on the left arm. Mahoney and Jones stated that the two dogs belonging at #218 are continually escaping their yard and III ~oaming the neighborhood, and on several occasions, both dogs have charged at various residents 'II In the area. II 'Ii I recontacted Tammie Mara and asked her if she is familiar with the two dogs from #218, and she I . , II told me that she was, and that they are a continual problem as they are always getting out of their yard and run around the neighborhood and have charged at various residents. ii; iii I then returned to #157, where the dog had been shot and contacted the resident there, who was II identified as Richard Benson. He stated that he was inside his residence, watching tv., and was ;. . unaware of officers pursuing the dog when he had heard a loud banging noise, which sounded like a gunshot. He exited his residence and saw Officer Robison in the area and told Benson to go back inside his residence and remain there until the dog was contained.. Benson checked around his garage where Officer Robison had fired the gunshot, and stated that he could not observe any damage to his property. No further details. I I , dictated: 02/22/94 0515 I declare under penalty of perjury that the foregoing is true and correct to the best of my knOwledge. I kdc 02/23/94 1335 FP OFFICER D. PORTER 463 I I TYPIST/DATE/TIME BY 3 NUMBER I APPROVED II PD643631 Rev. 7/82 HLS )1 , :, Í>-; .;.. , . .'" ,. ,Ii . ,,;,~.' - BAKERSFIELD POLICE DEPARTMENT I -:; SPECIAL REPORT CASE 94-07197 DATE 2/20/94 VICIOUS DOG/DISCHARGE OF CITY FIREARM . CRIME OR INCIDENT 2/20/94 CRIME OR INCIDENT DATE LOCATION OF INCIDENT: 499 Pacheco Road - a mobile home park SUBJECT #1: OFFICER D. PORTER, BADGE #463 Business: 1601 Truxtun Avenue/326-3815 II SUBJECT #2: SPCA OFFICER S. DENTON, BADGE #A10 -- 1,Ii Business phone: 324-3204, Iii ,I , II INVESTIGATING OFFICERS: R. Robison, #664; and D. Porter, #463. / !I DETAILS: ! ! At approximately 1746 hours, on 2/20/94, Reserve Officer A. Gavin, #R78, and I were dispatched I to 499 Pacheco Road regarding an unknown situation occurring involving SPCA officers who were at a mobile home at that location. Prior to our arrival, Officer Porter had already arrived and upon our arrival, I heard via police radio that the incident was about a vicious dog. I contacted Officer Porter by radio and asked him what the situation was. Officer Porter advised me that he was in contact with an SPCA officer, who was at the mobile home 'investigating a vicious animal that had bitten a small child. Officer Porter also relatèd to me that this animal had attacked the SPCA officer, who was later identified as Officer Denton. Officer Porter further advised me that the animal in question was an approximately 40-60 pound, tan Sharpei dog, which was loose in the area. At this time, Officer Gavin was driving our patrol vehicle and I was seated in the right front passenger's seat. We observed the animal on a grassy area in the complex, and I exited the patrol car and began calling the animal, patting my leg to see if the dog would respond to my location dictated 2/20/94:2308 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. nle:2/22/94:0754:A OFFICER A. ROBISON. 664 i TYPIST/DA TE/TI~~ BY 1 '"'j :~ fl :. "?P ~ . '" NUMBER APPROVED . '"1 .f ': ? ,: h f. ~' . 'I ,r- ' ~ PD643631 Rev. 7/82 HLS '..;J ~J ;~; ',.: Ii !!! ... ,'. 1 II , ^ fõ~ =-'"' 0 . BAKERSFIELD POLICE DEPARTMENT I.' II SPECIAL REPORT iil 'õ ,. " "II CASE 94-07197 DATE 2/~0/94 IME OR IN VICIOUS DOG/DISCHARGE OF CITY FIREARM CR CIDENT 2/20/94 CRIME OR INCIDENT DATE in a peaceful manner so I could try to hold him until the SPCA officer arrived; however, the animal began running away from me. I pursued the animal on foot throughout the mobile home complex until the animal reached an area along the northeast portion of the complex. At this location, there was a mobile home on the southeast lot line, with a fence just north of the mobile home, and a gate just east of the mobile home. The animal had cornered itself at this location and I stopped pursuing it. The animal attempted to get through the gate and was . extremely excited. I began to call the animal and whistle to it, and again tapped my leg. I was approximately 50-60 feet from the animal at this time, and standing next to Space #157. I allowed an avenue of escape for the animal immßdiately to my left, which is the full length of the roadway. The animal then began to walk toward me, while I was patting my leg and calling it. The animal covered approximately half the distance between the gate and me, which was about 30 feet, then began running toward me. I took approximately five quick steps to my left, and the animal still continued toward me and then began charging me. I took a few more steps to my left and it appeared the animal was possibly going to attack me, so I shot the animal once when it was about six feet from my location. The shot was directed downward toward a grassy area next to the ill garag.e of. Space # 157 at 499 Pacheco Road. The animal s~bsequently expired as a result of my ill shooting It. II il No further information. I: " '., !fl ili ¡II I 'I i I I I I I dictated 2/20/94:2308 I declare under penalty of perjury ~hat the foregoing is true and correct to the ban of my knowledge. II' nle:2/22/94:0754:A OFFICER R. ROBISON 664 Ii TYPIST/DA TE/TIME BY 2 NUMBER Iii APPROVED i PD643631 Rev. 7/82 HLS "0 . I :BAKERSFIELD POLICE . MEMORANDUM DATE: February 26, 1994 TO: CAPTAIN MATLOCK FROM: OFFICER R. ROBISON, #664 SUBJECT: DISCHARGE OF CITY FIREARMNICIOUS DOG II II At approximately 1746 hours, on 02120/94, ReseIVe Officer A. Gavin, #R78, and I were dispatched to II 499 Pacheco Road regarding an unknown situation involving S.P.C.A. officers who were at a mobile :11 home at that location. il I Prior to my arrival, Officer D. Porter, #463, had been dispatched to 499 Pacheco Road, Space #218. Upon my arrival I contacted Officer Porter via police radio and asked him if he could advise the situation. He told me the incident was involving a vicious dog, and advised me a child had been bitten at that location, and an S.P.C.A. officer had also been attacked. That S.P.C.A. officer was later determined to by Officer Shane Denton. Officer Porter told me that the dog responsible was at large in the complex. He'described it to me as an approximate 40 to 60 pound, tan, Shar Pei. He also advised via police radio that thè dog was extremely vicious. I noted the animal at this time along a grassy area just inside of the main gate to the complex and advised Officer Porter. I attempted to call the dog by patting my leg and whistling to him; however, he looked at me and immediately ran. I instructed ReseIVe Officer Gavin to get into the patrol vehicle and follow me, and I ran through the complex after the dog, barely keeping him in my sight. The animal ultimately ran. to the far northeast corner of the complex where he cornered himself. There was a wrought iron gate at that location and he attempted to squeeze through the space between the wrought iron and appeared very neIVOUS and excited. At this time, I was by Space #157. I stood back by the grassy area of Space #157 and again began patting my leg and whistling to the dog, calling him. The dog appeared very excited so I allowed an avenue of escape for the animal and thought I would continue to pursue him until the S.P.C.A. arrived and we could somehow taken the animal into custody. 04 :;:---- ~.... ., <. I .:..;", ~ The dog began walking toward me while I was patting my leg and calling it, and he covered about half the distance between the gate and me, which was approximately 30 feet. He then began running directly at me. I took about five quick steps to my left and the animal continued toward me and began charging me. I took a few more steps to my left, and it appeared the animal was possibly going to attack me so I shot the animal once when it was about six feet from my location. My shot was directed in a downward location toward a grassy area next to the garage at Space #157, 499 Pacheco Road. The animal subsequently expired as a result of this gunshot. Respectfull submitted, " .." 'FiC~~~#~~.Y~"'" II 11 ',II !II ~ I 'II II .1 Ii R~ I II I' I! Ii! ,II :.1 !,; 'I II - I! -_._~ -- ,~,., .. ". J' - ':'.;"'~ ANIMAL CONTROL OFFICER JC!3 3Ur"1!'1ÇiR'y' ----------- Under the Direction ot ~he Lieutenant of Animal Control. responsible tor the apprehenslon and/or impoundment ~T animals In violation ~~ the Bakersfield City Municioal Lode. DUTIES ------ -f:'],¡::k'::; U,O ::;'I:;':".a'/. in,;u'r-ec::=.i::!< '_'I [je,3.\j .:;riÌm.:?l':= ¿:.nd o',-'ne',- 'C.U',.::- 1 n::;:,. -InvestigatEs reports OT neqlECt or cruelty 'Co anim¿ls. -Enforces local and State Humane laws. -Maintains work records and wrl'Ces reports. -Eutahnizes anlmals when neeDeD. -Maintains radio contact ~ith tne Shelter at all 'Clmes, ano us proper radio procedures in accorDance with the FCC. -Assists 5akersfield Police Department, Kern County Sheriff's Department, Local Fire Departments! and Kern County Animal Cclnt'(I:ll. -Educates the public in responsible pet ownership. -Periodically available for 24 hour eme~gency on call. -Preforms related duties ~~ required. EMPLOYMENT STANDARD ------------------- f:::rl 0"'; 1 edge of: -Bakersfield City area. -F.:.~.dic 10 codes. -Animal breeds, health, sex and behavior. -Some knowledge of law enforcement. =:~~_:=~ .~."".;.:';"n."!:'~~.,"--_._'-,;-,.- '~.'.~,...~.J'.""":!'!~;;""".';~,~.'» : -(.jor-;:: U¡ide( :;t-(E?SS, i~ I') ..jp ORiGFNALJ1 --Deal f?ffectively .and t.:?ctfully-';:~i.th thf~ publí¡:::.'-'-c',,;;',~ -Follow orders and understand instructions. -Ability to work independently. EDUCi~T I O¡-'..j ----_._---- -High School graduate or equivalent. -F'. D. ~.3. T. Le\/el I I I:ert i f ic-3.'Ce. I ~~~~=~~~~~ I ¡ -Must be at least 21 years of ~qe. -Must be in good physical condition. -Have a good driving record, ana provide a DMV print out. 1 ¡ '. j II,: " ., - ;,:," ':"", ,', i! ji M e m 0 ran dum 11 T r a f f i c E n g i.n e e r i n g II I DATE: March 16, 1994 I TO: FRED KLOEPPER, ACTING PUBLIC WORKS DIRECTOR FROM: STEPHEN L.. WALKER, TRAFFIC ENGINEER ~ 3~59 SUBJECT: TRAFFIC INQUIRY REFERRED TO PW-TRAFFIC, WARD 4 A complaint of traffic speeding, received by Councilmember Brunni, was forwarded to me by Assistant City Manager waiters on this date. The complaint was from John and Linda Millman, ph. 837-8085, of Shetland Drive in the El Portal area. I contacted Mr. Millman by phone., They are asking for speed limit signs on the 25 mph streets off El Portal and asking for speed enforcement. Speed limit signs for local 25 mile per hour streets are not required by California law but the ci ty has installed them in other areas to remind drivers of the speed limit and eliminate complaints. I will review for appropriate location of speed signs and have the signs installed by the Public Works General services Division with their normal work load schedule. A copy of this memo will be sent to the Police Department for their information and enforcement of appropriate speed laws in the Shetland Drive area. No further action required. [Gail Waiters, Asst. City MgL} RECEiVED cc: Public Works Memo file Traffic File - ward 4 MAR 2 5 \99hl Brad Underwood, CE III - PW Traffic Lt" Blackburn, Police Dept" - Traffic", CITY MANAGER'S OFFICE saved under d:\wp\MEMOFORM.mem , I I I II , !, ----- ,II III ',"' ,. I ,,"- <:.~.o.., I;.!. ~,- ~ . ¡! ' II ¡ ,,¡ - ¡ BAKERSFIELD " "~! i! I . dC :: EconomIc an ommunity Development Department j MEMORANDUM April 8, 1994 TO: Alan Tandy, City Manager ~ FROM: Jake Wager, Economic Development Directo~ SUBJECT: Convention Center Hotel - Celebration As you are aware May 3, 1994 has been selected as the date for the Convention Center Hotel celebration. At your request I have formulated a preliminary plan of the festivities. Your thoughts and comments will be appreciated. The activities that day will be broken up into two segments. The fITst component would take place commencing at 11:00 a.m. and last until 1 :00 p,m, This phase of the activities would take place at the hotel site. A stage would be erected on the southside of the hotel tower. The stage would face south towards the railroad tracks. The stage would be large enough to accommodate not more than twenty-one dignitaries. Those dignitaries would be as follo\y: Mayor (1), City Council (7), CDDA (7), City Manager (1), and the Hammons' delegation (5). Starting at 11 :00 a.m. a band would commence playing up-tempo music. Tentatively we are attempting to secure the brass section of our symphony. They would play for thirty minutes as the invitees fill in. Approximately two hundred chairs would be available. At 11 :30 a.m. a fly over of experimental aircraft from the Bakersfield Municipal Airport would occur. By this time the dignitaries would be in place. The fly over would act as the signal for the formalities to start. The Mayor would call on the audience's attention. Starting off would be an invocation. Rather than a traditional prayer, I am proposing that the invocation be sung by.a local gospel group. A hymn done in a celebratory fashion with dancing and hand clapping wquld add to the festive i atmosphere. This would be followed by the singing of a patriotic song (God Bless America, America the Beautiful, or the National Anthem) performed solo and a cappella. The attempt with both the invocation and the patriotic song is to add to the festive atmosphere. Immediately following this would be general congratulatory remarks by the Mayor. This would be followed by Mr. Hammons, the Vice-Mayor, Council Representative (Ward Two), and CDDA Chair. At the conclusion of these remarks (limited to twenty-five minutes), the Mayor and Mr. Hammons would return to the podium to make some closing remarks prior to the photo opportunity. I L¡ . // I ,,( ~The photo opportunity would consist of the Mayor and Mr. Hammons inviting a number of I "': ",¡" . ... ""dignitaries to join them at center stage. A rope would extend from the stage towards the hotel. Inside the chain link fence hidden from view by a curtain and festive bunting would be a net holding 257 helium filled balloons (equal to the number of rooms to be constructed). At 12:15 p.m. the fly over would be repeated and this would signal the time for a tug on the rope by the dignitaries which in turn would release the balloons (rising hopes and spirits). This would conclude the fonnal portion of the event. The brass band would resume playing for an additional half hour while dignitaries and invitees mingle. Adding to the festive atmosphere would be two tents in which refreshments (cold beverages and hors d'oeuvres) would be served, a tent housing the brass band and infonnation kiosk (Chamber of Commerce, DBA, Board of Trade, Visitors/Convention Bureau, Hammons, City). The second pháse of the festivities would occur in the evening. The list of invitees would be considerably shorter. It is my understanding that the bond underwriter is willing to "underwrite" all or a portion of dinner. I would propose that a reception/dinner be held in the Convention Center Lobby starting at 6:30 p.m. with a hosted social hour. Dinner would be served at 7:30 p.m. and last until 8:15 p.m. At the conclusion of dinner a fonnal toast would be made by Dave Jones and yourself. I have suggested that following the toast, a band would play dance music until 10:00 p.m. During the social hour and through dinner either a harpist or piano player would provide soft background music. The list of attendees for the daytime event would include the following: 1) all City, State, and Federal elected officials; 2) all city department heads and assistant city managers; 3) the Board of Directors of the KEDC, DBA, Realtors, BIA, Board of Trade, Chamber (including Hispanic Chamber), African American Network and Visitors/Convention Bureau; 4) all major Bakersfield hotels; 5) City of Shafter and Delano City Council (including City Manager); 6) U.S. Department of Housing and Urban Development (Los Angeles office); 7) individuals who wrote letters of support; and 8) hotel consultants. The evening list would of course (due to expense) be shorter. In addition to City elected officials, department heads, and the Hammons' delegation, the list would include a limited number of individuals who have made a significant contribution to the downtown and the hotel project as well as the chairperson of the various boards listed above. I anticipate sending out invitations to the daytime event under the auspice of the City Council, the CDDA, and John Q. Hammons. No R.S.V.P. would be required. The invitation itself would serve as an "admission" ticket to the seating area and refreshment tents. Stick-on name tags would be available. Dignitaries scheduled to be seated on stage will be provided with pre-printed ribboned name tags. The evening event will required an R.S.V.P. I am checking with the Hammons' people if they would like to serve as the caterer for both the morning and evening event. This would allow them an opportunity to showcase their menu planning and food preparation. I also will be asking them if they are interested in providing a small commemonive gift to the evening event participants. I will be developing a budget next week. Dependent on the preliminary budget, the celebration I have proposed may need to be changed. To a great extent the budget required will be dependent on the willingness of the bond underwriter and the Hammons Group to share in the expenses. Please advise at your earliest convenience. Our ability to pull off this event as proposed requires the greatest possible time to implement, -------- - - ~---~---~~ - I ~ I I ~"^-- ~~ .., ",- -'t l BAKERSFIELD POLICE MEMORANDUM March 30, 1994 To: Honorable Mayor and Councilmembers From: Steve Brummer, Chief of Police ~ Subject: Graffiti Abatement Information Over the past year the Bakersfield Police Department has vigorously worked at combatting graffiti throughout the city. The attached information sheet highlights some of the programs the police department has been involved in~as well as providing sentencing guidelines used for offenders who are brought before the juvenile court. In addition to the listed programs the police department is working with the Mayor's Office and Community Development on a city wide paint out day scheduled for May 14th. Leadership Bakersfield is also involved and are coordinating their efforts with the !¡ mayor's teen council group. Local high schools have also formed groups that have I' adopted areas within the city and have taken it upon themselves to keep those areas graffiti free. For example, Highland High School has adopted the Chester Avenue area, and through their efforts have been able to put a halt to what was a growing presence of graffiti in that area. The number of reported graffiti incidents has increased during the first quarter of this year. 242 cases have been reported since January of 1994, 97 of these have been cleared and 83 individuals arrested, for a clearance rate of 40%. Last year 580 cases were reported with 187 clearances and 171 arrests, for a clearance rate of about 32%. We believe the increase in the number of reported graffiti incidents is due to citizens becoming more aware of the problem through news media coverage and the city's awareness campaign being carried on through some of the previously mentioned programs. The police department has taken several different approaches to address the Graffiti problem facing our community and will continue to do whatever is necessary to try to put an end to this senseless defacement of property. f AEB/vrf I cc: Councilmember Brunni Councilmember DeMond Councilmember Edwards Councilmember McDermott I I Councilmember Rowles Councilmember Salvaggio ! I Councilmember Smith " "' ~ "'- I , , , I III .~ GRAFFITI INFORMATION The following information is a summary of programs involving the Bakersfield Police Department and sentencing guidelines for juvenile offenders. PROGRAMS 0 Participation in the county wide task force on graffiti (Members included both private citizens and public officials) " 0 Presentations made to numerous concerned citizen groups I , regarding graffiti. 0 Surveillance and directed patrol programs aimed at the apprehension of taggers. 0 Working with the Community Development Department to educate the community on the problems graffiti brings as well as to eradicate graffiti where present through paint out days and the of soliciting volunteers. I 0 Implementation of a block of instruction in the D.A.R.E. . program taught at elementary schools on graffiti. 0 Development of a city ordinance to prohibit the possession of graffiti tools (spray paint cans & marker pens) by juveniles, II! as well as controlling the sale and display of these tools in local businesses. II 0 Working with other components of the criminal justice system Ii to insure those apprehended for graffiti related offenses are " punished to the full extent of the law. SENTENCING OF JUVENILE OFFENDERS (Recommended punishment) 0 1st time offenders are normally put into a diversion program and are required to complete the following: - Complete a 4 hr. parent supervised work program. - Attend an 8 hr. Graffiti Prevention Class put on by the Probation Department (includes a $25 fine). - Pay restitution for damage created. 0 2nd time and subsequent offenders- - A petition is automatically sent to the court. - Required to pay a fine. - Required to pay restitution for damage created. - Possible incarceration in Juvenile Hall 'I! - DMV notified and driving privilege is suspended for 1 yr. II - - -- ~ " '- 1" EXAMPLES OF SENTENCING (Actual punishment given to offenders) 0 1st time offender: Diversion, 4 hrs. parent supervised work program, graffiti prevention class, & $25 fine. 0 1st time offender (23 counts): 160 hrs. work program. 4 days incarceration in Juvenile Hall, & $391 restitution. 0 4th conviction: 15 days incarceration in Juvenile Hall. Ii ~ E ~.....~7'- -~~ ,,~ DRAFT LETTER April 7, 1994 Dear Property Owner: The City of Bakersfield is proposing to install speed bumps on (Street Name) to slow traffic and reduce unnecessary through traffic on this street. This action is in response to past complaints received by the Traffic Engineer, various petitions or inquiries from other sources. The installation of speed bumps on your street is part of a City wide test of effectiveness of speed bumps within the City. Traffic Engineers will monitor the speed and volume of traffic on your street before the installation and again several times after the installation. If our results indicate speed bumps are a positive benefit to the neighborhood, other locations in the City will be considered for speed bump installations. If the speed bumps are a detriment to the neighborhood and do not reduce speeds or traffic, we will consider their removal. Assuming no delays due to inclement weather, construction could start as early as six weeks from now. I For your information, a sketch drawing that shows what a speed bump will look like, is enclosed. A response II card is also provided for your convenience. Please take a few minutes to fill out and drop in the mailbox. If " no response is received within 10 days we will consider that you are in favor of this improvement. Thank you for your assistance in this test of speed bump effectiveness. If you need more information on this improvement, please contact Brad Underwood, during normal office hours at 326-3993. Very truly yours, Fred L. Kloepper Acting Public Works Director by: Stephen L. Walker Traffic Engineer cc: Councilmcmbcr Ward - II :! I'! I --~ ~ - ,= ¡ ~'~., -' ,I ". RETURN ADDRESS: Brad Underwood City of Bakersfield Department of Public Works 1501 Truxtun Avenue Bakersfield, CA 93301 RESPONSE CARD TEXT: II Please complete and return. [] I am in favor of the installation of speed humps. [] I am neutral toward the installation of speed humps. [] I am opposed to the installation of speed humps, (optional, please telephone me at ) '! -- - ""-- '~wì I 1 I a i 5- (1)01 I OJ: (,) .~ c CJ\ , a.. C:COl C o:-~ a I...(ñ ~ >0 Cl) ~~ - ~ ~ ~ ~ 0 = c - .- --0- ¡ I I I 5 -' CJ'I i (f) .- C 0'1 ~ ..Q W c ~ .- Q)~ I g .J:: ~o a:: xU -iE w~ I ( J-' ~ r 0 >c ~ ~ '- ( J I I- U E Q) ( ) ( ) ;;:: > -' , Q) 0 . : a:: a. ~~ , 0 I .~. \ en -' f.!) 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