HomeMy WebLinkAbout10/28/05 B A K E R S F I E L D
CITY MANAGER'S OFFICE
MEMORANDUM
October 28, 2005
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
SUBJECT: General Information
1. Our meeting with CalTans on the Cooperative Agreement and other matters
relative to the TR (Thomas Roads) Project was disappointing. Acting with speed
and thinking out of the box is apparently difficult for such a large organization. We
are undaunted, however, and with the Congressman's help, will continue to push
and move forward.
2. Selection of a mediator with Shafter on the water issues, as agreed to a couple of
months ago, appears complete, and we should be able to schedule that now.
3. We continue to encourage you to meet with Dave Dow on the ward
reapportionment issue. The agendas in November and December are very long.
This particular reapportionment may be the most difficult we have seen, due to the
large numbers involved in obtaining balance. It's likely to take work and time!
4. The five spray parks will be closed for the season after today. Use of the facilities
has tapered off since the cooler weather arrived. The spray parks have proved to
be very popular additions to our recreational offerings, and we look forward to
reopening them next April.
5. Next month, Recreation and Parks staff will be relocating the picnic and barbecue
facilities that are in the east side of Patriots' Park to the west area of the park. The
revamping is being done to alleviate some noise concerns from residents who live
east of the park.
6. The agenda for the next public meeting of the High Speed Rail Authority on
November 1st and 2nd in Sacramento is enclosed for your information.
7. Responses to Council requests are enclosed, as follows:
Councilmember Benham
· Citizen concern regarding code enforcement issues on Orange Street in the
Oleander area;
· Police actions in response to the crime rate in the Sunset/Oleander area;
Honorable Mayor and City Council
October 28, 2005
Page 2
Councilmember Couch
Citizen concern regarding trash rebates for seniors;
· Staff action related to investigation of barking dogs on Roaring River Avenue;
· Report on the City's ability to regulate adult entertainment businesses.
Attachments
AT:rs
cc: Department Heads
Pamela McCarthy, City Clerk
B A K E R S F ! E' L D
Department of Recreation and Parks
Date: October 26, 2005
To: Alan Tandy, City Manager
From' Dianne Hoover, Director of Recreation & Parks
Subject: Spray Parks Winter CloSing
Staff has been monitoring the amount of use the five (5) spray parks; Wayside,
Planz, MLK, Jefferson and Beale, have been getting the past several weeks.
There has been little use at the five sites.
Friday, October 28, 2005 will be the last day of 'operation this Year. All of the
sites have been posted notifying residents of its closure for the winter. The spray
parks are anticipated to begin operation in April, 2006 with weather being the
determining factor.
B A K E R S F I E L D
Department of Recreation and Parks
Date: October 26, 2005
To: Alan Tandy, City Manager
From: Dianne Hoover, Director Of Recreation & Parks 4.---,
Subject: Patriot's Park - Picnic Areas
A large number of picnic areas are located along the east side of the park near
residential homes. In the past, some of the picnic group users and others have
been very noisy with their celebrations, parties and music, causing neighbors
from the east to complain.
Beginning in November, staff will begin removing all picnic tables, slabs,
barbecue units, shelters and electrical along or near the east side of the park.
We will be relocating these picnic fixtures around the restroom building and near
the playground area to the west. This should drastically reduce the past noise
issue.
We have also scheduled a contractor to trim the trees along that easterly Side to
reduce the amount of leaves and other debris falling along the joint property line.
This work should be completed the first week in November.
CALIFORNIA HIGH SPEED'RAIL AUTHORITY
PUBLIC MEETING
November 1 and 2, 2005
State Capitol Building, Senate Hearing Room 2040
SACRAMENTO, CALIFORNIA
AGENDA
Agenda Items DAY ONE 'NOVEMBER 1~ 2005~ 3:00---6:00 p.m. Responsible Party Status
1. Approval of September 28, 2005 Meeting Minutes Chairperson Florez A
2. Authority Members' Meetings for Compensation Chairperson Florez A
3. Selection of monthly meeting dates and locations '. Chairperson Florez A
4. Members' Reports Chairperson Florez I
5. Executive Director's Report ) Mehdi Morshed A
6: Public Comment.on Fi_nal EIR/EIS Mehdi Morshed I
" The Authority intends to receive public comment on the';fi~n'~l Program EIR/EIS du~ing day one
of the meeting.*
Agenda Items ~ DAY TWO - NOVEMBER 2~ 2005~ 9:00 a.m. Responsible Party Status
7. Summary and Brief Response to Comment received on the Final Program EIR/EIS Mehdi Morshed I
Staff will, present a staff report on the Final EIR/EIS and will briefly summarize and respond to
Public Comment on the Final EIR/EIS received during day one of the meeting.
8. Consideration of Final Program' EIR/EIS and Decision on Proposed HST System for Chairperson Florez A
California
The Board will determine wh~ether to certify the 'Final Program EIR/EI~, will consider and
may adopt findings for compliance with CEQA, and will consider fvhether to approve the
proposed HST System for California for further evaluation.
9. Delegation of Authority to Executive Director,' Administrative Record Preparation Contract Mehdi Morshed A
The Board will determine whether to delegate authority to the Executive Director to take
whatever steps are necessary to enter into a contract for the preparation of the administrative
record for the Program EIR/EIS, including signing such a contract on the Authority's behalf.
10. Public Comment
An opportunity for public comment will also be provided during each public agenda item.
11. Closed Session
Closed session to confer with legal counsel, pursuant to Government Code Section
l1126(e)(2)(B)(i).
12. Adjournment
"A" denotes an "Action" item; "I" denotes an "Information" item. Items may be taken out of order.
*Any person who wishes to provide comment on the Final EIR/EIS must so indicate to the Board on Day 1 at the meeting and be
present and prepared to offer comment on Day 1 of the meeting. If the Board cannot'accommodate all those so identified on Day l,
then public comment by those identified on Day i will continue as the first item on Day 2 of the meeting.
Reasonable Accommodation for Any Individual with a Disability
Any individual with a disability, who requires reasonable accommodation tO attend or participate may request assistance by
contacting the Authority at (916) 324-1541. Requests for additional accommodations for the disabled, signers, assistive
listening devices, or translators should be made no later than one week prior to the meeting.
925 L Street, Suite 1425, Sacramento, CA 95814 (916) 324-1541, (916) 322-0827 fax
For further information you mayvisit the California High-Speed Rail website at
www.cahighspeedrail.ca.gov
Joseph, E. Petr~llo, Chair . ARNOLD SCHVVARZENEGGER
Ma~rc A~I~, Vi~-Chalr GO~RNOR
Ro~
Lyn~
Ue~ M~h~, ~ec~ve D~ctor ~E~E~VE~ '
C~IFORNIA HIGH-SPEED ~lL AUTHORI~ ~ ~"
October 14, 2005 OCT 2 4 ~005
Dear Stakeholder: ~TY HAN~ER'S OFF:C~ ~
The California High-Speed Rail Authority~(Authority) is proposing a high-speed train system to provide a
safe and reliable mode of travel that links major statewide metropolitan areas. The Authority, With the
Federal Railroad Administration (FRA), has prepared a Final Program Environmental Impact
Repo~/Environmental Impact Statement (EIR/EIS) to evaluate a system that would extend from
~S~E~t~d-th~S~n-Fran~i~B~A~i~the-hb-~t~h~h~'t'h~C~tgFV~ll~t~'L~A~
and San Diego in the south. The Final Program EIR/EIS analyzes a proposed high-speed train
alternative and compares it with a No Projec~No Action Alternative and a Modal Alternative..In the Final
Program EIR/EIS, the Authority has identified and the FRA has concurred with preferred high-speed
train corridors/general alignments, general station locations, recommended mitigation strategies,
recommended design practices and fu~her measures to guide development of the high-speed train
system at the project level to avoid and minimize potential adverse environmental impacts. The
Authority anticipates sta~ing a next tier program EIR/EIS to separately address the choice of a
corridor/general alignment from.the San Francisco Bay Area to the Central Valley. Should the proposed
high-speed train system be advanced, subsequent project level environmental review would consider
site-specific environmental impacts.
The Final Program EIR/EIS has been made available to the public in accordance with the
California Environmental Quality Act and the National Environmental Policy Act prior to Authority
and FRA's decisions at the conclusion of this program level environmental review. At the
Authority's public Board Meeting, to be held in Sacramento on November 1,2005 from 3:00 to 6:00
PM and continued on November 2 at 9:00 AM at the State Capitol Building, Senate Hearing Room
2040, the Authority Board is expected to consider whether to certify the EIR/EIS.
E~r`~additi~na~Jr~f~r-mati~n~n~t~e-pr~gr~am~E~R/E~-visit-the-Aut~rity~s~website-at
www.cahighspeedrail.ca.gov.
I look forward to seeing you in Sacramento. at our Board Meeting.
Sincerely,
Mehdi Morshed, Executive Director
925 l'Street, Suite1425 Sacrament°,.CA 95814 916.324.1541 ~ fax 916~322.0827
v~,vw.c~ighspeedrail.ca.gov
BAKERSFIELD POLICE
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER .' ~j ' ~r I ~ ~ }
FROM: W.R. RECTOR, CHIEF OF POLICE ~ , =1
DATE: October 24, 2005 , ..
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SUBJECT: Crime Rates in Sunset/Oleander Area '::¥Y ......... .......
Council Referral No. 1238 (Ward 2)
Council Member Benham requested police staff assist in responding to correspondence
received from a citizen in the Sunset/Oleander area regarding its crime rate.
I
In the later part of September 2005, the Oleander area was experiencing a rash of thefts from vehicles
and residences.
The Investigations Division noticed this increase of thefts and requested Crime Prevention staff go door
to door in the Oleander area, to place fliers notifying residents of the theft issue. Detectives also
contacted various people living in the area, not only to warn them, but in attempt to gather suspect
information related to the offenses.
Additionally, the Patrol section, specifically beat officers, increased their presence in the area to deter
crime and attempt to locate possible suspects.
Based on the above efforts several arrests were made in and around the area of Oleander. We believe
these suspects were responsible for some of the criminal offenses. Since the time of the arrests, we
have noticed a decline in theft related activity. The police department coordinated efforts of three
different divisions to help locate suspects and prevent further thefts. However, one of the key
ingredients was information we received from residents in the area. This only further supports the
concept of Neighborhood Watch and establishing more neighborhood watch groups. This is the perfect
vehicle to get information to the department about suspicious activities/crime and for the department to
r. elay information back to the residents to prevent crime and advise them of the steps taken by the
department to apprehend suspects in their neighborhood.
WRR/vrf
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
October 24, 2005
TO: Alan Tandy, City Manager
FROM: Alan Christensen, Assistant City Manager ~
SUBJECT: Code Enforcement Issues on Orange Street
Council Referral #001296
Councilmember Benham requested staff respond to a complaint from Mike Martinez
regarding code enforcement issues on Orange Street in the Oleander area.
I spoke with Mr. Martinez the phone on October 20, 2005. Our conversation was a fairly
positive one. Mr. Martinez indicated that he'd had dealings with code enforcement staff
since 2000. The issues were garbage in the back alley, overgrown weeds, and an
abandoned vehicle. Mr. Martinez claims to have had personal conflicts with one
particular code enforcement officer, which resulted in complaints from him to the
department. Although when pressed, Mr. Martinez said the last contact he had with that
staff person was 11,~ to 2 years ago.
Mr, Martinez feels picked on by code enforcement because he claims that others are
the cause of the problems in his alley. He lives next to an apartment complex which he
believes are the source of the garbage problems. I explained to him that I knew that
there had been a number of complaints for the alley area for neighboring properties and
that we had treated them the similarly.
Mr. Martinez acknowledged that he had had surgery a few years back and was unable
to maintain his lawns during that time. He admitted that they might have gotten long
during that time.
After my contact with Mr.' Martinez, I spoke with the Code Enforcement supervisor about
his case. Code Enforcement has taken action against his property. The code
enforcement officer accused of harassing him attests to never meeting Mr. Martinez and
that all his personal dealings have been through the mail. Records indicate that four
different code officers have visited the area and made note of code problems at his
residence. Since 2003, at least 38 calls have been generated for that entire block of
Orange Street. Pictures confirm that the calls to Mr. Martinez' property were legitimate
code enforcement complaints that needed to be corrected. Since that time, it appears
things have improved. I inspected the property myself last week and found that it was in
good shape.
I have no doubt that Mr. Martinez had a conflict with someone, perhaps one of our staff,
but I can only conclude that Mr. Martinez was mistaken about that person's identity.
Mr. Martinez did have one outstanding code violation that he had been served a letter to
attend a hearing to correct. He indicated that he was not attending it because of his
frustrations in the past. I encouraged him to do so, that by representing his interests he
would be better off in the long run.
B A K E R S F I E 1., D
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Raul Rojas, Public Works Director
DATE: October 24, 2005
SUBJECT: TRASH REBATE FOR SENIORS
Referral No. 1310
COUNClLMEMBER COUCH REQUESTED STAFF CONTACT ROSEMARY MCGUIRE
REGARDING TRASH REBATES FOR SENIORS.
At the request of Councilmember David Couch, staff contacted Rosemary McGuire and
clarified the policy on senior rebates for refuse fees. Ms. McGuire did not qualify for last
year's rebate. She occupied the home for only a portion of the year, and thus paid less
than a whole year's service fee. The program requires that the home be owner
occupied and the whole annual fee be paid in order for senior citizens to qualify for the
rebate, which is for 50% of the annual fee.
C:\DOCUME-1\lskinner~LOCALS~1\Temp\Re~1310 Trash Rebate for Seniors.doc
BAKERSFIELD POLICE
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: W.R. RECTOR, CHIEF OF POLICE ¢~-
DATE: October 26, 2005
SUBJECT: Dogs and Odor at 11908 Roaring River Avenue
Council Referral No. 1306 (Ward 4)
Council Member Couch referred to staff for investigation correspondence from Roaring River
neighborhood, River Oaks Community, regarding a complaint of loud barking dogs and odor
on the property at 11908 Roaring River Avenue.
Councilmember Couch requested a response to a neighborhood complaint at 11908
Roaring River Avenue involving barking dogs and animal waste odor. Animal control
officers responded to the residence on October 25th and made contact with the owner.
The owner said she had recently moved to the area and placed her dogs in kennels on the
east side of her property because neighbors were afraid they might break through the
residential fencing.
There are two dogs at the residence a German Shepard and a Pit Bull mix in 5x5
chain link kennels. The Pit Bull barked for about five minutes when the animal control
officers conducted their inspection and stopped. The German Shepard never barked
while animal control officers were there.
The kennels had not been cleaned for about one day and both dogs had large
containers of food and water. The kennel area does have a urine odor, but they are
housed on dirt and the smell is hard to cover.
Both dogs had expired licenses, but vaccinations were current. The owner was
issued a citation for the licensing violation. Animal control officers informed her of the
barking dog nuisance and governing municipal code as well as electronic barking
control devices she could purchase.
Animal control officers will continue to monitor the residence for future violations.
MEMORANDUM
CITY ATTORNEY'S OFFICE
October 27, 2005
TO: ALAN TANDY, CITY MANAGER ~
./
/~_~'
FROM: VIRGINIA GENNARO, CITY ATTORNEY~)~ ~ j~
SUBJECT: STRIP CLUBS ALONG FWY 99
COUNCIL REFERRAL NO. 001307
Councilmember Couch referred to the City Attorney correspondence from Karen
Champness regarding a letter to the editor, dated September 26, 2005, in opposition
to strip clubs placed along Fwy. 99, and requested staff prepare a response.
As the Council is aware, the Courts have determined that the regulation and
zoning of adult entertainment businesses impact issues of constitutional law under the
Ist Amendment of the U.S. Constitution (Freedom of Speech) and the 14th Amendment
(Equal Protection). Numerous Court cases have restricted a local entity's ability to
regulate these types of businesses. The law also requires that a reasonable number of
sites be available for establishment of adult entertainment businesses.
The City of Bakersfield has implemented zoning restrictions on adult
entertainment businesses which require them to be separated from other such
businesses as well as from residential properties, schools, churches, etc. While some
of the available locations are located near the freeway, the City has taken a very
conservative approach in establishing the amount of available sites where adult-related
businesses can be established. The City, therefore, regulates these businesses to the
maximum extent allowed by law.
VG/RMS:dll
cc: Honorable Mayor and City Council
S:\COUNClL\Referrals\05-06 Referrals\Couch\05-06\StdpClubsFwy99.doc
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