HomeMy WebLinkAbout04/06/01 B A K E R S F I E L D
CITY MANAGER'S OFFICE
MEMORANDUM
April 6, 2001
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager /~7"/.~/
SUBJECT: General Information
1. Interviews for the position of Public Works Director are scheduled for next week,
ending on Friday. I anticipate an appointment during the week of April 16th-20th.
2. I met with Joel Heinrichs of eGovEdge this week. We may explore a more
incremental approach with them, such as working on individual tasks that could later
be picked up by other governmentsand then made a part of an intergovernmental
portal. More discussions will take place.
3. We will be moving forward with a plan to move our metal storage building at 1325
P Street to a surplus property we own on Sumner Street. The P Street location can
then be added parking for the Garden if City Center does not happen, or it becomes
a part of a land trade with the developer if City Center does happen. Bids will go to
City Council at a later date. Please call if you have questions or concerns.
4. An article appeared in USA Today this week about the positive effects experienced
in cities that have built minor league stadiums. A copy is enclosed for your
information.
5. A memo with a listing of the "High Five" nominees and winners for the fourth quarter
of 2000 and the first quarter of 2001 is enclosed. As always, we congratulate our
many employees who demonstrate such outstanding effort.
6. We received the Loss Control Evaluation Report done by the St. Paul Company last
week. The company representative who did the report indicated that we did well,
overall, and have an overall "Optimal" level for our loss control programs. He said
only about 4 out of 50 cities he had reviewed were at the optimal level. Attached
is an executive summary which details some of the current programs the City has
in place and some of the recommendations for improvements. The report will be
given to the new Risk Manager to implement with City departments.
Honorable Mayor and City Council
April 6, 2001
Page 2
7. The latest activity report from Development Services is enclosed for your
information.
8. A memo from Development Services summarizing the update to the Metropolitan
Bakersfield 2010 General Plan is enclosed. This is a joint City/County project.
9. The Police Department Special Enforcement Unit Report for March is attached.
10. There will be an orientation/training session on the Keep America Beautiful plan at
Silver Creek Recreation Center on Friday, April 13th from 11:00 am to 12:00 p.m.
There is a notice enclosed with more details.
11. Responses to Council requests are enclosed, as follows:
Councilmember Benham
· Information regarding issues of parking enforcement at the Spotlight Theatre;
Councilmember Couch
· City/County joint analysis regarding the issue of commercial sites on the internet
portal.
AT:rs
cc: Department Heads
Para McCarthy, City Clerk
Trudy $1ater, Administrative Analyst
USA TODAY- WEDNESDAY, APRIL 4, 2001 · 30
in focus: Minor league baseball
Welcome bacl to downtown
Minor league
ballparks prove
to be boon for '
development
By Tom Weir
USA TODAY
When minor league baseball cele-
brates its century-old past today, the
setting will be one that provides a win-
dow on how the game is helping lift
communities out of the bush leagues.
The Centennial Game that opens the
100th season of minor league baseball
will be played between two Class AAA
teams that date to 1902, the Nashville
Sounds and the Memphis Redbirds.
But what may get noticed more than
the final score is AutoZone Park in
Memphis, a year-old stadium that
shoWcases how the steady flow of nil-
nor league construction projects have Back in the fold: Groundskeeper Eric Hagen waters the bluegrass that is part of Legends Bal park, w ~ ch opens Monday
become a coast-to-coast tool for revital- in Lexington, Ky. It has been 47 years since a minor league team played here, and fans have bought 2,800 season tickets.
izing Downtown USA.
Nearly 100 cities have built minor '~'
league stadiums since 1985, and for newsta"'u-': -r-'ectsmmpoj '
anyone who thinks "minor league" still
connotes yokel management that sells
fans lukewarm beer while condemning pitchone-of-ldnd eXPerience
players to ice-cold showers, consider .
what has happened in Memphis.
~' AutoZone Park transformed a 14- Minor league baseball will have Crustaceans." The $22 million park
acre patch of X-rated urhan blight into a five new stadiums and one extensive- includes a kosher food stand for the
source of inexpensive family entertain- ly renovated park for 2001. All are area's large Orthodox Jewish pop-
ment that last season drew 925,000 Class A, except Casper (Rookie) and ulation.
fans to a part of town man), wouldn't Portland (AAA). Some of the things · Lexington, Ky., Legends Ball-
have stepped foot in otherw,se, that make each unique: park: For the opener Monday, the
%ome people said that .just the clem- · BrookJyn, N.Y., KeySpan Park: Legends will enter through a make-
olifion alone was urban renewal," Red- Brooklyn Dodgers memorabilia will shift, Field of Dreams-like cornfield.
birds President Allie Prescott says. "It be oil display, and today's fans can · Portland, Ore., PgE Park: The
was all tile worst elements of a down- learn about .Dem Bums during free $38.5 million renovation to 75-year-
town. Things Memphis just wasn't Fifth Third Field: Year-old home of lectures by historians. The original old Civic Stadium includes'a switch
proud of." the Class A Dayton (Ohio) Dragons. Nathan's Hot Dogs is .just down the from tuff to grass. A wrought-iron
· Tile city paid only $8.5 million on street on SuffAvenue. fence will let passing pedestrians get
the $80.5 million park, which the Red- Kenny says. "They wanted it, bt,t don't · Casper, Wyo., Mike Lansing a free look, an old-time soda fountain
birds funded mostly with tax-exempt use any of our taxpayer money." Field: The still-unnamed team opens will create a nostalgic feel and some
bonds. The 14,500-seat park, with a The Legends responded by fimding play June 22. The $5 million, 2,500- seats will sell for $2.99. On Bark-in-~
brick exterior that evokes Baltimore's every cent of a $23 million project to seat stadium was built with about the-Park night, fans can bring the
Camden Yards, attracted a $4.325 mil- get an expansion team and build a stadi- $2 million of volunteer labor from Io- family pet. Opens April 30.
lion naming-rights deal with AutoZone. um on 25 acres they hope will help re- cai contractors. It will take a 500-foot · Staten bland, N.Y., Richmond
· Besides the ballpark, another verse tile decline of Lexington's north homer to ,'each the North Platte Riv- County Bank Ballpark: Buy a sea-
:$80 million in development has oc- side. In return, Kentucky baseball fans er. son ticket, and you're guaranteed to
cnn'ed around the stadium. In 2003, the have sold out all 24 luxury suites and · Lakewood, N.J, GPU Energy get a phone call from team owner
National Museum of Minor League purchased about 2,800 season tickets Park: The BlueClaws open April 11 Start Getzler.
Baseball will becomepart of the project for tile 6,400-seat stadium, against the Hickory Crawdads in
a so in a historic building. '
what's billed as "Tile Battle of the By ]bm Weir
· The 47 luxury suites bring in nearly Klinger had it right
$2 million in revenue a year, but ticket
prices range from $5-$15, and because One state that clearly has understood says,. "if you're siring behind home night to avoid conflict with the beach
the Redbirds are a not-for-profit organ,- tile value of minor league baseball is plate, you will be closer to the batter crowd. The feel of .tile surrounding
zation 'it assures the team will be here Ohio. About $107 million has been allo- than the pitcher is." amusement parks has been incorporat;
forever." Prescott says. Prufits go to two cared for minor league stadiums in the 'q'he Roost" in right field will be like .ed into the stadium design.
baseball youth leagues, last 5 years through Ohio's policy of old Tiger Stadium, with a home run "It's a '20s feeling, the heyday of Co-
And when's the last time you heard matching up to 15g of city costs for porch that juts a few feet over the out- ney Island. when it was the Orlando and
anyone from the major leagues say not- sports facility construction, field. Like Wrigley Field, home runs can Disney World of the country," Cyclones
for-profit? "Certainly, revitalization of urban ar- land on a closed-off street beyond left. senior vice president R.C. Reuteman
eas is a potential result," says Kathleen Columbus also hopes to tap into the says.
Splish-splash Fox, executive director of the Ohio Arts Ohio funding for a similar project, as did It's also an attempt to bolster one of
' and Sports Facilities Commission. Akron with its role-model stadium. And the nation's most famous boardwalk ar-
When LAgends Ballpark opens Mon- "Community pride and image also can last yea,' tile Dayton Dragons set a Class eas.
day and returns organized baseball to be enhanced. Those are all reasons why A attendance record after opening their "This is the cornerstone of Mayor Gin-
Lexington, Ky., for the first time since the state has agreed to participate as a $23 million Fifth Third Fieldin a dilapi- liani's plan to revitalize Coney Island,"
1954, the city will happily end its reign junior partner." dated part of downtown. Reuteman says ora project that will in-
as the largest USA town without a mi- Minor league parks, Fox says, "seem "Sometimes you have to have that clude a $240 million renovation of near-
nor league team. to be projects ora manageable size that first catalyst, and baseball was it for our by subway lines and more than $50 mil-
The horse-farm architecture will play communities can allbrd to do much commumty? says Sandy Gudorf, mar- lion for Coney Island and the boardwalk.
on the Kentucky area's rich Thomngh- more easily than some of tile great big keting vice president for the Downtown In Staten Island, visitors to the
bred racing history, and four cupolas major league projects, which are of a Dayton Partnership that is overseeing $30 million, 6,500-seat Richmond
will provide a double dose of the twin magnitude that's often 10 times more." extensive improvement to the city's riv- County Bank Ballpark will have views of
tile Statue of Liberty and the lower
spires at Louisville's Churchill Downs. Perhaps a small measure of credit for ertl'ont.
.The_brick.backstop:is.a nod_to Wrigley Ohio's philosop, hy should go to Cpl. Max "We had a lot of naysayers who said Manhattan sky ne. Before the stadium
Field, an. dthe~s,e,v~rean~leSofa-n-a~ym:~-Klinge(.-~ka'a~:~AVJ~-n~ie Farr..When he-,'ths witl.never-work~.that.people~wofft~_was~built,, that panoramic vista be- '
melt,ca, outt~e,o wall are an invitation wasn't dressed in drag on the MASH se- come downtown for this, that parking longed' t~ a~-~ii?oad ~:c~ml~Sffy's hAl~liiig- ~=- ..... ~:'
to chaos.
ties, Farr often promoted his beloved would be a nightmare," Gudoff says. yard.
'When that ball hits the wall, we Toledo Mud Hens by wearing their cap "Most of that has just evaporated. They "It was absolutely a waste ora beaut,-
don't want the player to have any idea and jersey, have sold out every single night. We be- ful site," Staten Island Yankees owner
where it's going,~ says file Lexington Tile Mud Hens will lead the wave of lieve that as people get used to coming Start Getzler says. "With tills view of
Legends vice president of communica- minor league construction in 2002 with down for baseball they'll come down- New York harbor and the Statue of Lib-
lions, Tom Kenny. a $29 million park that will replace Ned town for other things, too." erty as a backdrop, it's a fantastic draw
The Class A Legends like to joke that Skeldon Stadium, which was erected in in itself."
their stadium will be a poor man's ver- the 1920s fo,' horse racing. · Big Apple's little side The stadium also is the start ora rede-
sion of the San Francisco Giants' Pacific Even with opening day a year away, velopment plan that eventually will in-
Bell Park, where a well-hit ball can land the Mud liens have soldall 28 luxury Most people don't associate minor dude two museums and a new ferry
in San Francisco Bay. At Legends Ball- suites for conmlitments of 7-10 years, league baseball with New York City, but terminal near tile ballpark.
~ark, a 320-foot home run to right field Like Memphis, the Mud Hens are a non- that may change with new Class Asta- And in an age when many big-league
also can reach the drink -- a hot tub profit enterprise whose downiown sta- diums opening in June in Brooklyn and stadiums are seen as a Ioadon taxpay-
where winners of a radio station's con- dium will supplant adult theaters and Staten Island. ers' backs, Getzler recently got to hear a
tests can soak during ihe game. abandoned buildings that used Io be tile Tile Brooklyn Cyclones are named for compliment that p~obably doesn't get
But there's a closer parallel to Pacific first thing visitors saw at the edge of'lb- the famous Cyclone miler-coaster ride directed at many major league owners.
Bell, the only recent major league stadi- ledo. at Coney Island, near the team's "We were eating out," Getzler says.
um that was totally paid for by its team. Historical buildings will be altached $39 million, 6,663-seat KeySpan Park. "and a woman came up and told me.
"When we surveyed the public, peo- to one of baseball's coziest des,gas and, The park will be open for sightseers ' Thanks for increasing the value of my
pie said two things overwhelmingly," Mud Hens general ma.ager Joe Napoli during the day, but the games will be at p~operty.'"
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
April 6, 2001
TO: Honorable Mayor and City Council
FROM: Alan Christensen, Assistant City Manager~_.~
SUBJECT: Employee Incentive Program
The Employee Incentive Committee is happy to provide the list of High Five nominees and
winners for the fourth quarter of 2000 and first quarter of 2001. Please note that the
winners are shown in bold. All of these individuals were recognized by their peers,
supervisors, or members of the public for exceptional work and/or customer service.
By being nominated, each employee is automatically inducted into the "High Five Club" for
the fiscal year and is recognized at the annual Employee Breakfast. In addition, each
winner has their choice a number of $10 gift certificates. All nominees and winners are
also recognized monthly in the City's employee newsletter.
We applaud these individuals for a job well done.
AC:al
Attachments
2000 HIGH FIVE AWARD
October
Nominee Title Dept Date Nominator Comments
I Branson, Darrin Acct. Clerk II PW / SW 09/29/00 Martha Haslebacher Provided excellent ideas on ways to improve operations.
2 Cheung, Wen-Shi Supervisor II PW / WW 10/20/00 Lonnita Lawrence Takes on extra work, helps others, keeps morale up.
3 Culbertson, Curt Engineer Fire 10/05/00 Leslie Devitt Went the extra mile to wash and dry Fire van.
4 Fishman, Lyuda Clerk Typist I Attorney 10/31/00 Pam Abe Always cheerful, helpful and prompt.
5 Garcia, Eddie Clerk Typist I PW / SW 09/29/00 Martha Haslebacher Produced top quality document that will serve as essential tool.
6 Gonzales, Mary Ellen Secretary II Risk 10/09/00 Amber Lawrence Took time to help CM office by translating document.
7 Goon, Ann Rev. prg. Aide PW / SW 09/29/00 Martha Haslebacher Persisted in getting problems fixed with billing application.
8 Hernandez, Carl Dep. City Atty II Attorney 10/09/00 Amber Lawrence Took time to help CM office by translating document.
9 Luckhardt, Elizabeth Patrol Officer Police 10/17/00 Dave Haskins Assisted two females, one to find shelter, another financially.
10 Miller, Brenda Eng. Aide PW / Subd. 09/29/00 Georgina Lorenzi Always willing to help out admin section when staffing is Iow.
11 Mojica, Maria HR Clerk HR 10/09/00 Amber Lawrence Took time to help CM office by translating document.
12 Patterson, Bryce Student Intern Fire 10/20/00 Leslie Devitt Helped out in a pinch, with a smile and enthusiasm.
13 Paulden, Cameron Fire Engineer Fire 10/17/00 Tyler Hartley Supervised & managed large fund raiser, volunteered many hou
14 Sack, Elaine Acct. Clerk II Finance 10/20/00 Lonnita Lawrence Always willing to help department.
15 Wilburn, John Supervisor II PW / SW 10/30/00 Kevin Barnes Handled a difficult customer with great tact and care.
2000 HIGH FIVE AWARD
November
Nominee Title Dept Date Nominator Comments
1 Abe, Pam Acct. Clerk I PW / WW 11/06/00 Jeannette Triscuit Volunteering for Halloween Haunted Trail event.
2 Alexander, Sue Acct. Clerk II- PW / SW 11/03/00 Jane*Gardner Tackled a personnel process on HTE that benefited Rec & Parks.
11/15/00 Martha Haslebacher Helps out w/phones whenever needed; keeps cust. svc staff informed.
3 Ayala, Jessie Rec. Coordinator Rec & Parks 11/06/00 Jeannette Triscuit Hard work and dedication to Haunted Trail event.
4 Bateman, Andi Laborer Rec & Parks 11/02/00 Jeannette Triscuit Creative skills and positive attitude in re: Halloween Haunted Trail.
5 Bogart, Jeff Rec. Coordinator Rec & Parks 11/06/00 Jeannette Triscuit Hard work and dedication to Haunted Trail event.
6 Boyce, April Clerk Typist I Police 11/06/00 Hope Edwards Exceptional worker; helps out whenever or wherever needed.
7 Elison, Terri Rec. Supervisor Rec & Parks 11/02/00 Jeannette Triscuit Hard work and dedication to Haunted Trail event.
8 Forsythe, Sandra Clerk Typist I Rec & Parks 11/01/00 Terry McCormick Taken the responsibility and initiative to become an asset to office.
9 Goad, Ken Party Chief PW / Const 11/06/00 Jeannette Triscuit Donation of goods for Halloween Haunted Train event.
10 Green, Jay Off. Systems Tech MIS 11/21/00 Darnell Haynes Installing a computer at MLK w/internet access for public use.
11 Haining, Dan Engineer Fire 11/02/00 Jeannette Triscuit Work as Master of Ceremonies for Halloween Haunted Trails.
12 Haslebacher, Martha Supervisor II PW / SW 11/01/00 Terry McCormick One of a rare few who takes the responsibility to clean up after events.
13 Ihmels, Sally Rec. Supervisor Rec & Parks 11/02/00 Jeannette Triscuit Dedication, hard work, positive attitude during Halloween Haunted Trai
14 Jones, Dean Rec. Supervisor Rec & Parks 11/02/00 Jeannette Triscuit Hard work and dedication to Haunted Trail event.
15 Kennedy, Mike DP Manager MIS 11/21/00 Darnell Haynes Installing a computer at MLK w/internet access for public use.
16 Larson, Holly Rec. Supervisor Rec & Parks 11/02/00 Jeannette Triscuit Hard work and dedication to Haunted Trail event.
17 Lopez, Becky Svc. Maint. Wrkr Rec & Parks 11/16/00 Randy Blay Fulfilling duties of supr and doing a good job at it.
18 Martinez, Ruben Mechanic PW / FS 11/14/00 James James Continuous efforts to improve police unit.
19 May, Jason Firefighter Fire 11/16/00 Leslie Devitt Assisted with demonstration.
20 McCarthy, Pam City Clerk City Clerk 11/22/00 Carroll Hayden Willingly worked Civil Service Comm when reg staff person was out.
21 McCombs, Glenna Svc. Maint. Wrkr PW / SW 11/06/00 Jeannette Triscuit Volunteering for Halloween Haunted Trail event.
22 McCormick, Terry Supervisor II Rec & Parks 11/02/00 Jeannette Triscuit Hard work and dedication to Haunted Trail event.
23 McCrea, Janet HR Supr HR 11/06/00 Jeannette Triscuit Volunteering for Halloween Haunted Trail event..
24 Mendenhall, Michelle Clerk Typist II PW / SW 11/15/00 Martha Haslebacher Excellent & Professional customer service
25 Negron, Manuel Svc. Maint. Wrkr Rec & Parks 11/02/00 Jane Gardner Helped out in office with Spanish translation.
26 O'Nesky, Lance Officer Police 11/02/00 Amber Lawrence Rec'd citizen letter of thanks for help.
27 Placencia, Mimi HR Analyst I HR · 11/08/00 Nelson Smith Put forth special effort for recruitment effort.
28 Ross, Judy Acct. Clerk I Finance 11/07/00 Connie Walls Processed payroll by herself on a short payroll week.
29 Roussel, Susan Rec. Coordinator Rec & Parks 11/06/00 Jeannette Triscuit Wonderful talents and Work ethics in re: Haunted Trail.
30 Scott, Harry Detective Police 11/27/00 Amber Lawrence Rec'd citizen letter of thanks for help.
31 Stricker, David Rec. Coordinator Rec & Parks 11/06/00 Jeannette Triscuit Hard work and dedication to Haunted Trail event.
32 Williamson, Jason Officer Police 11/27/00 Amber Lawrence Rec'd citizen letter of thanks for help.
2000 HIGH FIVE AWARD
December
Nominee Title Dept Date · Nominator Comments
1 Alemao, Gilbert Supervisor II PW / GS 12/11/00 Charles Hinson Helps others.
2 Ante, David Serv. Maint Wrkr PW / GS 12/21/00 Sheree Skelly Always willing to help.
3 Bateman, Aundria Laborer Rec & Parks 12/15/00 Terry McCormick Goes the extra mile on assignments and projects.
4 Bejarano, Joe Supervisor I Rec & Parks 12/15/00 Terry McCOrmick Done an excellent job scheduling work around special events.
5 Belcher, Douglas Fleet Mech. III PW / FS 12/13/00 Terry McCormick Helped to locate vehicle - customer service oriented.
6 Branson, Darrin Acct. Clerk II PW / SW 11/16/00 Kevin Barnes Great job putting'together graphics for presentation.
7 Enriquez, Robert Serv. Maint Wrk~ PW / SW ' 12/23/00 Rodolfo Plaza Construction skills have been a plus at the wood site.
8 Farley, Darrick Trades Asst. Rec & Parks 12/15/00 Terry McCormick Huge asset when it comes to building things.
9 Gonzales, Joseph Maint. Cdt Wrkr Rec & Parks 12/15/00 Terry McCormick Outstanding job underfilling Maint Cdt. Wrkr II position.
10 Guzman, Kevin Serv. Maint Wrkr PW / SW 12/12/00 Rodolfo Plaza Demonstrates teamwork to instruct on safety.
11 Hatfield, Gary Serv. Maint Wrkr PW / SW 12/23/00 Rodolfo Plaza Operates grinder at wood site at productive level.
12 Herrera, Richard Traffic Painter IIIPW / GS 12/11/00 Charles Hinson Helps others.
13 Howell, Keith Serv. Maint Wrkr PW / SW 12/23/00 Rodolfo Plaza Learned to load trucks & other assignments at wood site.
14 Jimenez, Marlo Traffic Painter IIIPW / GS 12/11/00 Charles Hinson Helps others.
15 Johnson, Fred Traffic Painter II PW/GS 12/11/00 Charles Hinson Helps others.
16 Jones, Ruth Clerk Typist I PW / SW. 12/14/00 Martha Haslebacher Great ability to learn; excellent customer service skills.
17 Kramer, Debbie Secretary ' EDCD 12/05/00 Tricia Richter Goes above and beyond to ensure office runs smoothly.
18 Lopez, Javier Serv. Maint Wrkr PW / SW 12/12/00 Rodolfo Plaza Shows interest, is a team player.
19 Luckhardt, Elizabeth Officer PD 11/17/00 Thank you letter from private company.
20 Martinez, Epimenio Serv. Maint Wrkr PW / GS 12/11/00 Charles Hinson Helps others.
21 McCabe, Ron Traffic Painter IIIPW / GS 12/11/00 Charles Hinson Helps others.
22 McCombs, Glenna Serv. Maint Wrkr PW / SW 12/13/00 Terry McCormick Volunteered time to be a ginat puppet for Xmas Parade.
12/23/00 Rodolfo Plaza Demonstrates willingness to go further with skills.
23 Paregien, Blaine Traffic Painter II PW / GS 12/11/00 Charles Hinson Helps others.
24 Prince, David Fleet Mech. II PW / FS 12/13/00 Terry McCormick Went above and beyond to help with chain saw.
25 Ramirez, Ruben Serv. Maint Wrkr PW / SW 12/12/00 Rodolfo Plaza Learned tasks at wood site in a safe manner.
26 Tucker, Janet Traffic Painter II PW / GS 12/11/00 Charles Hinson Helps others.
27 Williams, John Serv. Maint Wrkr PW / GS 12/11/00 Charles Hinson Helps others.
28 Wilson, Paul Serv. Maint Wrkr PW / SW 12/12/00 Rodolfo Plaza Demonstrates willingness to learn tasks at wood site.
29 Wolf, Greg Eng. Aide I PW / Const 12/13/00 Terry McCormick Assists the Rec & Parks Dept whenever needed.
2001 HIGH FIVE AWARD
January
Nominee Title Dept Date Nominator Comments
I Banducci, Patti Lab Tech PW / WW 01/02/01 April West Great resource of information; always willing to help.
2. Blair, Coleen Clerk Typist II Rec & Parks 01/23/01 Jane Gardner Terrific job mentoring new staff members.
3 Brantley, David Officer Police 01/01/01 Anthony Mosley Professional instructor, ethical and competent.
4 Cebreros, David' Tree Mntn II Rec & Parks 01/08/01 Terry McCormick Outstanding job as acting supervisor.
5 Dimberg, Lauren Engr. II PW / Eng 01/10/01 Terry McCormick Great job getting updated Maintenance District map.
6 Erickson, Kirk Hvy Equip Op Rec & Parks 01/08/01 Terry McCormick Extremely dependable and responsible.
7 Foster, Norman Engr. Aide II PW / Con-Sur 01/08/01 Terry McCormick Superb job laying out Resolution Star for First Night.
8 Gonzales, Charmaine Clerk Typist II Police 12/28/00 Terry McCormick Worked diligently to locate report.
9 Graviss, Charles, Jr. Trades Asst Rec & Parks 01/08/01 Terry McCormick Contributed whole heartedly.into special projects.
10 Hamer, Robert Mot. Swp Op PW / Streets 01/08/01 Terry McCormick Outstanding job as acting supervisor.
11 Kennedy, Mike DP Mgr MIS 01/05/01 Mimi Placencia Always quick to respond.
12 Lawrence, Joe Mnt. Crftwrkr II PW / GS 01/26/01 CM Staff Great patience and craftsmanship constructing cabinets.
13 Lindsey, Dana Clerk Typist II Police 12/28/00 Terry McCormick Helped track down traffic report.
14 Long, Lois Acct. Clerk I Planning 01/18/01 Tamra Lopez Highly energetic person, who always thinks of others.
15 Matthews, Terry San. Wrkr PW/SW 01/19/01 Sal Moretti Went above and beyond to help a customer.
16 Moton, Lisa Acct. Clerk Rec & Parks 01/10/01 Cherie Stephen Always there to help, even when not asked.
17 Moton, Lisa Acct. Clerk II Rec & Parks 01/23/01 Jane Gardner Can be relied on for excellent work and great follow-through.
18 Roussel, Susan Prg. Coord. Rec & Parks 01/04/01 Holly Larson Contributed much to First Night.
19 Sharpies, Drew Investigator Treasury 12/28/00 Stephanie Ortiz Very helpful with training; polite, pleasant.
20 Stephen, Cheri Acct. Clerk II Rec & Parks 01/23/01 Jane Gardner Always has a great attitude; excellent customer service.
21 Ware, Bill Officer Police 01/01/01 Anthony Mosley Professional instructor, ethical and competent.
22 Wilburn, John Supr. II PW / SW 01/08/01 Kevin Barnes Found solution to fellow employee's e-mail problem.
23 Zink, Leroy Mot. Swp Op PW / Streets 01/08/01 Terry McCormick Terrific job cleaning streets after First Night.
2001 HIGH FIVE AWARD
February
Nominee Title Dept Date Nominator Comments
I Berrigan, Kim Buyer II Fin / Pur 01/30/01 Lonnita Lawrence Patient and professional.
2 Brown, Beverly Clerk Typist II Dev Svcs 02/23/01 Ed Murphy Tremendous help, hard working, motivated, pleasant personality.
3 Carter, Vanell San Wrkr III PW / SW 01/26/01 Sal Moretti Team player with an excellent attitude.
4 Cathey, Patty Acct. Clerk I Finance 01/30/01 Lonnita Lawrence Very friendly and sweet when dealing with others.
,5 Connor, Mike Supr. II PW / Streets 02/09/01 Ginger Rubin Assisted with car problems.
6 EDCD 02/01/01 George Gonzales Entire department helped out while wife was critically ill.
7 Factory, Don San Wrkr III PW / SW 01/26/01 Sal Moretti Team player with an excellent attitude.
8 Gamia, Eddie Clerk Typist I PW / SW 02/06/01 Martha Haslebacher Full of new and imaginitive ideas.
9 Gauthier, Mare Prin. Planner DS/Planr{ing 02/15/01 Patti Hock Always willing to help, excellent customer service.
10 Hamer, Robert Mot. Sw. Oprtr PW / Streets 02/15/01 Rene Martinez Organized a detailed map and route system for new leaf crew.
11 Hock, Patti DS / Planning 02/02/01 Martin'Ortiz Took on extra work for two other clerical co-workers.
12 Jamison, John Sr. Officer PD 02/09/01 Ginger Rubin Went out of his way to help her relative.
13 Lopez, Raul Fleet Svc Wrkr PW / Fleet 01/26/01 Terry McCormick Went over and above with assistance.
02/09/01 Ginger Rubin Very helpful when she had car problems.
14 Love, Orbin Detective PD 02/23/01 Terri Elison Gave a wondertul, informative presentation to Rec and Parks.
15 Lyman, David Planner EDCD 02/01/01 George Gonzales Enlisted department helped out while wife was critically ill.
16 Massey, Janet Clerk Typist I PW / SW 02/02/01 Martha Haslebacher Provides excellent customer service.
17 Matthews, Terry San Wrkr III PW / SW 01/26/01 Sal Moretti Team player with an excellent attitude.
18 McCombs, Glenna San Wrkr I PW / SW 02/17/01 Paul Wilson Hard working, demonstrates a desire to learn new things.
19 McCormick, Terry Supr. II Rec & Parks 02/15/01 Norman Foster Thanks for the loan of a radio.
20 Meek, Rachael Comm Rel Spc PD 02/23/01 Terri Elison Extra help in coordinating presentation to Rec and Parks.
21 Paregien, Blain Traffic Pntr III PW / GS 02/12/01 John Williams Willingness and ability to do jobs well.
22 Prince, David Fleet Mech Wrkr PW / Fleet 02/22/01 Steve Silvius Worked diligently through lunch, providing excellent customer service to Fire Dept.
23 Rodriguez, Jeff San Wrkr III PW / SW 01/26/01 Sal Moretti Team player with an excellent attitude.
24 Romine, Joshua Prg. Coordinator Rec & Parks 02/01/01 Coleen Blair Shows exceptional friendliness and courtesy to all customers.
25 Rubin, Ginger Ben. Tech. HR 02/15/01 Roberta Gafford Went out of her way to assist with insurance problem.
26 Salmon, Stephanie Clerk Typist I PW / SW 02/02/01 Martha Haslebacher Excellent customer service, uplifing attitude.
27 Shull, Mike Mot. Sw. Oprtr PW / Streets 02/15/01 Rene Martinez Volunteered to work during lunch and out of class to resolve problem.
28 Stinson, John A. Eng. Tech I PW / Eng 02/23/01 Lauren Dimberg Excellent customer relations.
29 Uptigrove, Cliff San Wrkr III PW / SW 01/26/01 Sal Moretti Team player with an excellent attitude.
30 Vasquez, Felix San Wrkr III PW / SW 01/26/01 Sal Moretti Team player with an excellent attitude.
31 Wallace, Darrell Mot. Sw. Oprtr PW / Streets 02/20/01 Rene Martinez Always willing to help with other routes.
2001 HIGH FIVE AWARD
March
Nominee Title Dept Date Nominator Comments
1 Boytis, Robin Clerk Typist I City Clerk 03/23/01 Pam McCarthy Taking on additional duties during Asst. Clerk position and help w/remodel.
2 Cardoza, Bobby Trades Asst PW / GS 03/26/01 Rene Martinez Quick response oi graffiti removal.
3 Cashmors, Colleen Rec. Spec. Rec & Parks .~. 03/14/01 Satly Ihmels Represents City and Department well.
4 Chavez, Steve Supr II PW / GS 03/26/01 Terri Elison Fantastic job remodeling office at Silver Creek.
5 Delacruz, Mike Trades Asst . PW / GS 03/26/01 Rene Martinez Quick response of graffiti removal.
6 De La Garza, Brenda Clerk Typist PD 03/12/01 Patdcia Taylor Pleasant, professional, eager, great example for other employees.
7 DeMarco, Tony Code Enf Off DS / Code Enf 03/08/01 Dana Mitchell Quality of work, high level of productivity, notable customer service.
8 Frausto, Deanna Clerk Typist PD 03/12/01 Patricia Taylor Takes on every assignment with a smile and positive attitude.
9 Lopez, Rebecca Svc. Maint Wrk Rec & Parks 03/22/01 Tricia Richter Worked in a speedy and happy fashion to efficiently clean a park.
10 Martinez, John Craftworker I PW / G$ 03/26/01 Terri Elison Fantastic job remodeling office at Silver Creek.
11 Millwee, Rick Const. Supr II PW / Const 03/26/01 Jacques LaRochelle Above and beyond work; taking action on own to solve a problem.
12 Mullich, Jeff Firefighter Fire 02/26/01 Cam Paulden Achieved goal of becoming paramedic; sets a good example.
03/11/01 Capt. Moore Hard work, dedication helped achieve goal of becoming a paramedic.
13 Nelson, Charles Officer PD 03/15/01 Amber Lawrence Rec'd citizen thank you letter for help.
14 Oldham, Delores Sec. I City Clerk 03/23/01 Pam McCarthy Taking on additional duties dudng Asst. Clerk position and help w/remodel.
15 Prince, David Fleet Mech II PW / F$ 03/03/01 Mimi Placencia Assisted with posting of legal notices.
16 Rangel, Rafael Supr II Conv Ctr 03/03/01 Mimi Placencia Lead a team to quickly clean and set up the test room for an impending mtg.
Anthony Gonzales Lead a team to quickly clean and set up the test room for an impending mtg.
17 Reich, Paul Fleet Mech II PW / FS 02/27/01 David Prince Always willing to lend a hand to others. ·
18 Romine, Josh Prg. Coord. Rec & Parks 03/14/01 Sally Ihmels Excellent job implementing Aquatic Safety Program.
19 Rosales, Laura Laborer Rec & Parks 03/22/01 Tricia Richter Worked in a speedy and happy fashion to efficiently clean a park.
20 Skelly, Sheree Sec. I PD 03/29/01 Linda Cohen Extremely helpful while preparing program; appreciate her willingness.
21 Stricker, David Rec. Spec. Rec & Parks 03/14/01 Sally Ihmels Worked diligently to organize and implement Aquatic Safety Program.
22 Sullivan, Denise Dep City Clerk City Clerk 03/08/01 Pam McCarthy Received Itr from citizen regarding excellent customer service.
03/23/01 Pam McCarthy Taking on additional duties during Asst. Clerk position and help w/remodel.
23 Turner, Keitha Clerk Typist II City Clerk 03/23/01 Pam McCarthy Taking on additional duties during Asst. Clerk position and help w/remodel.
24 Waddle, Loretta Clerk Typist I PD 03/19/01 Sheree Skelly Always willing to help; upbeat; never complains when asked for assistance.
25 Zaragoza, Bobbi Dep City Clerk City Clerk 03/23/01 Para McCarthy Taking on additional duties during As.st. Clerk position and help w/remodel.
The St...Paul Fire and Marine Insurance Company is providing this evaluation
and proposal for your loss control programs. The completion of this report was
combined effort of Marc Glickman, St. Paul Risk Control Services and key
people from the City of Bakersfield who provided information necessary to
complete this report. This evaluation was awarded in conjunction with a grant
program established by The St. Paul and the International. City/County
Management Association (ICMA).
This analysis includes a ~comparison of your current efforts with successful
programs used in other organizations with Iow accident frequencies.
The evaluation of the loss control program Consisted of interviews and
observations concerning:
· Loss Control Management
· Loss Control.Program
· Automobile
· Public WOrks
· Law Enforcement
· Parks and Recreation
· Employment Practices Liability
The evaluation compares existing efforts to control losses with the kinds of. loss
control activities practiced by other organizations in successfully identifying,
evaluating and controlling loss exposures. The evaluation provides a rating of
the vadous areas which may be helpful in planning and preparing for an
improved program.
The opportunities section of the report includes suggestions for risk improvement
recommended by this evaluation process. We hope that you will find this
analysis helpful in your own assessment of your loss control efforts and in
planning for program improvements..
EXECUTIVE SUMMARY
Existing Programs
The City of Bakersfield was found to have a "Optimal" level of organized
program activity when compared to most effective programs.
We recognize the success of the existing program
Loss Control Management
Loss control policy is in writing. Policy includes injury and illness to public
entity personnel. Policy.includes risk management.
Loss Control Program
Employees are encouraged to identify operational hazards and suggest
corrective actions. Supervisors regularly review department operations t°
identify loss exposures. Regulatory compliance program is in place (fire,
building codes, OSHA, DOT).
Automobile
Driver meetings are held. Supervisors-investigate fleet accidents. All
vehicle accidents are brought before the entity-wide vehicle accident review
board.
Public Works
Certificates of insurance are required from contractors. Site safety plans
have loss control requirements. Hold harmless agreements and
indemnification clauses are in contracts.
Law Enforcement
Prohibits personnel who have not completed BLET from carrying a weapon.
Authorizes deadly force only when immediate threat of death or serious
injury. Authorizes deadly force only to prevent escape .of fleeing felon who
will pose threat of death.
Parks and Recreation
Hiring and selection process includes background and reference checks.
Hiring. process includes criminal record check for staff of day-camp, youth
recreation and youth sports. Safety orientation and training provided for
staff.
Employment Practices Liability.
Policy prohibits discrimination and promotes equal employment opportunity
in all terms, conditions and privileges of employment. Supervisors and HR
staff have received training on what questions to not ask during an
interview. The organization complies with the Department of Transportation
(DOT) regulations for mandatory drug and alcohol testing.
Page 1
These are your major opportunities for improvement:
Loss Control Management
Establish loss control program objectives for individual managers.'
Hold management accountable for loss control results.
Loss Control Program
Train staff in self inspections.
Institute a work order system to handle, complaint corrections.
Provide supervisors and manager training in accident investigation.
Automobile
Require refresher training for preventable automobile accidents.
Write driver rules.
Cover driver rules in orientation.
Develop criteria for acceptable driver accidents and violations.
Public Works
Conduct anndal inspections (direct or video) for historical problem areas in the
sewer system.
Institute a Public Works work order system to document complaints and issue
a work order.
Prioritize complaints for Public Works service response after reviewing
problem.
Law Enforcement
Limit pursuits to felonies and misdemeanors requiring a full custody arrest.
Establish communication center and dispatch procedures for domestic
violence situations.
Develop procedures to continue response despite second call which requests
cancellation of initial call.
Establish a department annual minimum of in-service hours required of all
officers, minimum 20 hours.
Parks and Recreation
Conduct daily in-season routine maintenance inspections of playground
equipment and document inspections and repairs.
Employment Practices Liability
Develop a written druq and alcohol testing policy that can be made available
to employees and ~pplicants.
Complete reference checks before an offer of employment is made.
Develop policies regulating employee use of e-mail, voice-mail, computer
networks and internets.
Page 2
LOSS CONTROL PROGRAM EVALUATION
Insured: City of Bakersfield
Date:- January 2001
By: Marc Glickman
Risk Control Services
· St. Paul Fire and Marine 'Insurance Company'
The following evaluation rates each program area against a standard level of
program activity. The score of each program area is the composite of weighted
scores of each program element evaluated. The evaluation relates only to those
items that were actually evaluated.
Program Area Rating
LOSS CONTROL MANAGEMENT 87%
LOSS CONTROL PROGRAM 81%
AUTOMOBILE 69%
PUBLIC WORKS 85%
LAW ENFORCEMENT 82%
PARKS AND RECREATION 94%
EMPLOYMENT PRACTICES LIABILITY 96%
Overall, the City of Bakersfield has a "Optimal" level of.program activity in place.
Page 3
LOSS CONTROL PROGRAM EVALUATION
City of Bakersfield
Minimal Moderate Significant Substantial Optimal
LOSS CONTROL
MANAGEMENT
LOSS CONTROL
PROGRAM
AUTOMOBILE
PUBLIC WORKS
LAW ENFORCEMENT
pARKs AND
RECREATION
EMPLOYMENT
PRACTICES
LIABILITY
/-- / /
0% 20O~o 40O/o 60O~o 80O~o 100%
Page 4
DEVELOPMENT SERVICES NOTES
APRIL 6, 2001
CODE ENFORCEMENT
1. Code Enforcement reported rather significant progress on several blighted and
dangerous buildings last month.
BROWN APARTMENTS - 630 KENTUCKY STREET
· October 2001 Appeals Board approved demolition
· March 2001 City Council accepted bid from Valley Tree
· Demolition will start in April
CHAPARRAL MOTEL - 333 UNION AVENUE
· October 2001 Appeals Board approved demolition
· Appeals Board granted an extension to repair buildings
· Owners fail to complete work within 90 day time frame given by Appeals
Board
· Owners sold property and new owners were given 45 days to demolish
buildings
· Some abatement of debris has taken place and new owners expected to
start demolition very soon
TURNER MOTOR INN - 701 UNION AVENUE
· Owners issued a 30 day notice in June 2000 to repair or demolish motel
wings and restaurant
· No action taken by owners
· Courts approved action by City and demolition process initiated
· March 12, 2001 walk through of property by bidders conducted
· Demolition should start approximately 4 weeks after bid closing on March
30, 2001
RESTORATION VILLAGE - 1'700 GOLDEN STATE
· Restaurant building destroyed by fire in January 2001
· Owners will demolish building
· Insurance company has authorized hazardous waste survey to be
conducted
· Insurance company will arrange demolition as soon as possible
BAKERSFIELD INN - 1101 UNION AVENUE
· Owners issued 30 day notice in April 2000 to repair or demolish vacant
restaurant building
· No action taken by owners
· Code Enforcement coordinated and completed with Community
Development and Public Works in June 2000
PANCAKE HOUSE - UNION AVENUE
· Building burned
· Demolition and removal completed
2. Wind storm aftermath
Storm drains were blocked by mud being pumped from swimming pools in the
northwest. Code Enforcement was called upon to advise the public that dumping mud
into the storm drains was not appropriate and to coordinate cleanup with Public Works.
PLANNING
1. Site Plan Review has been completed for Costco on the north side of Rosedale
Highway west of the Hungry Hunter and for the Home Depot between Bernard
Street and Highway 178 east of Mt. Vernon.
2. 'Councilmember Benham has met with staff and representatives of the DBA and
Vision 2020 to get organized for the Downtown Charrette scheduled for May 11-
17, 2001.
3. Ordinances
a. The landscaPe ordinance revisions including requirements for more trees
has been approved by the Urban Development Committee. The
committee is recommending that it go to City Council for hearing and
adoption.
b. The P.C.D. overlay ordinance recommended by the Planning Commission
is in the Urban Development Committee for review.
c. The Permit Streamlining Ordinance has been approved by the Planning
Commission and will be presented to the City Council for first reading on
March 11, 2001.
4. General Plan Amendments
a. The City staff and County staff have been working on proposal language
to update the 2010 General Plan. County staff should be wrapping up its
part in about a month.
b. There will only be a few non-controversial general plan amendments to be
heard by the City Council on April 25, 2001. However, the Planning
Commission is preparing to hear the proposal by Castle & Cooke to
change the General Plan from office to commercial along the north side of
Stockdale Highway, west of Buena Vista Road. The EIR is out for public
review now. Known as Riverwalk, it has generated considerable concern
by neighbors to the south.
c. We will be saying goodbye to Planning Commissioners Dhariens and
Kemper on April 19, 2001
P:\DEV SVC NOTES 4-6-01 .wpd
.... : MEMORANDUM
March 30, 2001
TO: ALAN TANDY, CITY MANAGER
FROM~/~-ANLEY C. GRADY, PLANNING DIRECTOR
RE: METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN UPDATE
The project is an update to the text of the existing 2010 general plan to simply
make those modifications necessary to accurately reflect the development climate
which now exists. Portions of the current text were written in the mid and late1980's
and are woefully out of date. This is a joint project by the City of Bakersfield and the
County of Kern.
The administrative draft 2010 General Plan text has been completed by city
staff. The text is now to be turned over to the County of Kern for both review and
inclusion of data pertinent to their jurisdiction.
This 2010 General Plan text will then become available to the public during
the environmental review process tentatively scheduled for this coming summer.
There will be an Environmental Impact Report prepared for the project by Robert Bein,
William Frost and Associates, an environmental consulting firm retained by the city and
county for this part of the process.
There was an attempt to reflect the many new ordinances and policies enacted
since the adoption of the text in 1990 (Habitat Conservation Plan, Traffic Impact
fees, Park dedication and. improvement fee programs). In addition, many maps,
graphs and tables were either updated as necessary or removed if that information was
maintained elsewhere by other agencies. It makes little senSe to clutter the text with
data which changes frequently ( ie: school districts boundaries, abandoned oil well
locations, sewer trunk line locations).
Parallel planning efforts like "2020 visioning", "new dairy siting criteria",
"smart growth" policies are anticipated to be included in the text later at the sole
direction of the City Council or Board of Supervisors. -
?, REC IVE
ALAN TANDY, CITY MANAGER
March 29, 2001
Page Two
Public participation will occur during the combined hearings on the updated plan
and environmental document. Since this update is not a comprehensive re-write,
comments would be expected to address the completeness of the changes that have
occurred that affect original plan assumptions. To the extent that existing language
has become obsolete, the text of the 2010 General Plan has been modified. The
difficulty during public review (if any) will be to maintain the public focus on this process
as an opportunity to reinforce the direction of the existing plan, not an opportunity to
change direction.
SCG:MG:pah
S:2010status
April 3, 2001
To: ~ Alan Tandy, City Manager
Honorable Mayor and Council Members
F'rom: Eric MM. Matlock, Chief of Polic~'~
Subject: Special Enforcement Unit Report for March
I have attached a copy of our Special Enforcement Unit report for March. Please feel
free to contact me if you have any questions.
EWM/vrf
Bakersfield Police Department
Special Enforcement Unit
Monthly Report - March 2001
The following is a compilation of the performance of the Special Enforcement Unit and
significant incidents / investigations for March 2001.
92 Felony Arrests 19 Guns Seized 98 Special Reports
46 Misd. Arrests 299 Fl's 7 Offense
Reports
7 Felony 24 Citations 24 CHP 180's
Warrants
Arrests
24 Misd. Warrant 106 Probation / 3 Search
Arrests Parole Warrants
Searches
108 Hours in 75 Hours assisting 4 2001 Shootings
Training other 8 2000 Shootings
Department 14 1999 Shootings
sections
Year to Date Statistics
January- March 2001
229 Felony 46 Guns Seized 251 Special Reports
Arrests
91 Misd. Arrests 753 Fl's 15 Offense
Reports.
25 Felony 48 Citations 57 CHP 180's
Warrants
Arrests
50 Misd. 234 Probation / Parole 10 Search
Warrant Searches Warrants
Arrests
514 Hours in 514 Hours assisting 10 2001 Shootings
Training other Department 19 2000 Shootings
sections 24 1999 Shootings
~. ~e ~0 encou~m~e mn u~e e~commum~y 'mn
~. ' ~.. ,ivy. e ~on e ~ . -
MEMORANDUM
March 30, 2001
TO: COUNCIL MEMBER SUE BENHAM
FROM: BART J. THILTGEN, CITY ATTORNEY ~ /)
GINNY GENNARO, DEPUTY CITY ATTORNE~t~/,~,,.'
Subject: SPOTLIGHT THEATER PARKING
COUNCIL REFERRAL NO. WF0018783 1 001 (WARD 2)
Council Member Benham requested staff to give a response to issues of parking
enforcement at the Spotlight Theater
The Spotlight Theater on 19th Street owns (or leases), an adjacent parking lot which
is marked for approximately eighteen parking spaces. The 19th Street entrance to the
parking lot is marked with two signs stating that the lot is to be used only by customers of
the Spotlight Theater. It is our understanding that customers of surrounding businesses
(primarily Goose Loonies, and primarily on Friday and Saturday evenings), park in the
Spotlight Theater lot, despite the signs.
Vehicle Code section 22658, et seq., governs towing from public and private
parking lots. If one assumes that the subject parking lot is a private parking lot, the
Bakersfield Police Department is not the enforcing agency. Rather, the responsibility of
enforcing the parking regulations falls upon the property owner. Along these lines, Section
22658 sets forth certain requirements that must be met before a legal tow from the lot can
occur. Specifically, there must be displayed, in plain view at all entrances to the property,
a sign not less than 17x22 inches in size with lettering not less than one inch in height,
prohibiting public parking and indicating that vehicles will be removed at the owner's
expense. In addition, the telephone number of the local traffic enforcement agency must
be visible.
Our office concurs with the Bakersfield Police Department that the signs currently
displayed on the 19th Street entrance to the Theater, although compact and difficult to read,
comply with Section 22658. However, a sign must be placed at the back entrance of the
lot and we suggest that signs with larger print be erected (similar to what is posted on the
nearby back lot) at both entrances.
S:\COU NClL\Referrals\SpolightTheater.wpd
COUNCIL MEMBER SUE BENHAM
March 30, 2001
Page 2
Once the provisions of Section 22658 are met, the Spotlight Theater or the owner
of the parking lot may contact a local towing company for enforcement. Caution is advised
however, since a negligent tow is the responsibility of the owner and civil penalties may be
assessed to the owner(s) of the parking lot. Therefore, it is also our suggestion that the
Spotlight Theater develop a way to differentiate their patrons from others. For example,
the Theater can give its customers a date-stamped parking ticket to be displayed on the
dashboard, or hire a security guard on busy nights.
Finally, it should also be noted that there is a section within the Vehicle Code,
specifically 22953, which provides:
(a) Every owner or person in lawful possession of any
private property which is held open to the public, or a
discernable portion thereof, for parking of vehicles at no fee,
shall not tow or remove, or cause the towing or removal of any
vehicle within one hour of the vehicle being parked.
(Emphasis added.)
We bring this to your attention because there may be a question as to whether the
Spotlight Theater, although posted to be private property, is actually open to the public.
Should this be the case, the above Section requires a minimum of one hour before a legal
tow can occur. Therefore, in order to truly take advantage of being a private parking lot,
we recommend that the Spotlight Theater discuss with their private attorney the benefits
of charging a de minimus parking fee as part of their admission price. Whether a private
or public parking Iot~ it is incumbent upon the Spotlight Theater to ensure that it does not
authorize an illegitimate tow.
In conclusion, enforcement of the Spotlight Theater parking lot regulations is a
private concern and regulated under section 22658, et seq., of the Vehicle Code. The City
Attorney's Office recommends that the Spotlight Theater discuss its rights and obligations
with their private attorney. At a minimum, we suggest: (1) an authorized sign be placed at
the back entrance of the parking lot; (2) the Spotlight Theater implement a way to
differentiate its patrons from others; and, (3) incorporate into the admission price a
charge/fee for use of the parking lot (this does not mean or imply an increase in admission
price is required, simply an allocation of the charges) to eliminate the applicability of the
one-hour limitation on towing as discussed above.
Please let us know if we can be of any further assistance to you in this matter.
BJT/GG:alj
cc: Honorable Mayor and Council Members
Alan Tandy, City Manager
Lt. Alan Zachary
S:\COUNClL\Referrals\SpolightTheater.wpd
M E M O R A N D U M . ,
April 4, 2001
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BART J. THILTGEN, CITY ATTORNEY ~
WALTER H. PORR, JR., DEPUTY CITYA'I'TORNEY (_~L)
Subject: INTERNET PORTAL
COUNCIL REFERRAL NO. WF0018787 1 001 (WARD 4)
Council Member Couch requested staff work with County Counsel regarding the
issue of commercial sites on the internet portal and file a joint report
As per the request of Council Member Couch, we have met with representatives of
the County, including the County Counsel's Office, about this Council Referral. The
analysis set forth herein, while based upon different statutes and ordinances, ultimately
reaches the same conclusion reached by the County Staff based upon the statutes and
ordinances applicable to the County.
At the outset, we would observe that the City's involvement in commercial
advertising can be cOntemplated in two forms. The first form is the City's direct advertising
of itself in the market place. The second form is the City's activity in the market place as
a potential source through which others might advertise.
As to the fi~'st, Government Code sections 40100, et seq, allow'the City to
"appropriate a sum for a city publicity or advertising fund." The City Charter likewise
provides for advertising activity. City Charter, section 13 states:
The City may appropriate money for any or all of the following
purposes: reception and entertainment of public guests,
assistance of public celebrations held by the City, largely to
aide or carry on the work of inducing immigration to the City;
and generally, for the purpose of advertising the City.
(Emphasis added.)
Thus, the City may directly engage in advertising itself in the market place.
S:\COUNClL\Referrals\lntemetPortal.wpd
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
April 4, 2001
Page 2
As to the second form, there are no Government Code, or other Code, provisions
which speak to this issue. However, under the extremely broad grant of privileges and
powers found in Article 3, Section 12 of the City Charter, it seems clear that the City has
the ability to contract with those engaged in advertising their businesses to provide for such
advertising through ,City resources.
However, it must be noted that should the City engage in the provision of
commercial advertising on City property (i.e., on a City-owned or controlled website), that
any such provision would have to be open to the public in general and on the same terms
and conditions. In other words, because the City would be engaged in a Governmental
function, observation of First Amendment, Due Process and Equal Protection guarantees
would be required.
Thus, if the internet portal is deemed to be City and/or County property or to be
controlled by the City and/or County, then the opening up of the portal to commercial
advertisers would have to be even-handed. Legally, the City could not refuse some
commercial advertisements while accepting others on the basis of content of the
message/business being advertised. In other words, the City could not refuse to allow
advertisements of an adult-related business and/or restrict advertisements to only certain
types of businesses if it allowed any business to advertise.
BJT/WHP:alj
cc: Alan Tandy, City Manager
S:\COUNClL\Referrals\lnternetPortal.wpd