HomeMy WebLinkAbout08/31/01 /
BAKERSFIELD
CITY MANAGER'S OFFICE
MEMORANDUM
August31,2001
TO: Honorable Mayor and City Council
Tandy, City Manager ~'7-(~,
FROM:
Alan
SUBJECT: General Information
1. We have good news regarding our funding allocation from the 2000 Parks Bond
Act! You may recall that Bakersfield, along with five other California cities, missed
out on some per capita funding from one component of the bond act, the Roberti-
Z'Berg Harris (RZH) Program. We were left out, due to a language problem in the
legislation. (Cities under a population of 200,000 and over 300,000 received
funding, but the six cities in between got nothing.) We received notification this
week that an adjustment has been made, and we will receive $402,865. That is in
addition to the $614,260 block grant already allocated from the RZH Program and
our per capita distribution of $1,357,000 from the bond act.
2. Recreation and Parks reports that this year's Rockin' by the River concert series
was very successful. Overall, staff estimates that total attendance for the three
events was up 4,000 over last year. Thanks, also, to Water Resources for
arranging the water in the river - a popular and important part of the events.
The kick-off for the River Front jazz concert series is next Thursday, September 6th
at Yokuts Park. The first show will feature local musicians, the Kris Tiner Trio, and
will begin at 7:00 p.m.
3. It's good to have another opportunity to bring attention to the excellent work done
by our employees. I received two letters of appreciation this week; one from
Moorefield Construction to recognize Development Services staff for their
assistance on the Northwest Promenade project; another from the Allen Group for
"Team Bakersfield's" efforts towards the University Square building downtown. Our
thanks and congratulations to each of them for a job well done.
4. A status report from Recreation and Parks on the various median projects is
enclosed.
5. Development Services' latest activity report is attached for your information.
6. Public Works has provided the enclosed LEA Activity Report for the second quarter
of 2001.
Honorable Mayor and City Council
August 31,2001
Page 2
7. Responses to Council requests are enclosed, as follows:
Councilmember Benham
· Contact of Downtown School principal and actions to modify parking restrictions
and time limits at the school site.
Councilmember Couch
· Citizen request regarding clean up of the area at Calloway and Hageman;
· Comparison of Bakersfield to other California cities' architectural standards;
· Follow-up regarding traffic concerns in the area of Liberty High School;
Councilmember Maggard
· Report on statement regarding allegations of an incident in a Police Department
holding cell;
Councilmember Salvaggio
· Citizen concern regarding rodent problem on Clark Avenue;
· Status report on feasibility of stop light at Pacheco and Akers Road;
· Action taken regarding dangling wire on Fairview Road;
· Report on possibility of removal or relocation of the recycling drop-off facility at
Valley Plaza;
· Report on the impact of Tract 5001, Phases 3 and 4 may have on sewer access
for Tract 6044;
· Time schedule for the Truxtun Plaza traffic signal project.
AT:rs
cc: Department Heads
Pam McCarthy, City Clerk
Trudy Slater, Administrative Analyst
AUG. 24,2001 9'42AM 310 390 1500 #2 N0,4240 P. 1
OOREFIBLD
ONSTRUCTION, INC.
~ ~ ..... ~ .....'~, ,'.... ' 341 $ S, SEPULVEDA BLVD., SUITE 550
i' ~ ........... LOS ANGELES, C.A 90034
.: .o..4o0 'EL.
~A- UC NO,
' F~','''' ',.~ 7.:: ~' '' ': " ~uly 25, 2001
~ .: ~ (661) 325-0266
Mr, De~is Fidl~
CITY OF B~RSFI~LD
1715 Chester Av~uc
~ersficld, CA 93301
NO~T~E8T PROM~N~E
BA~RS~IELD~ CALI~O~IA
Dear Mr. Fidler,
TMs lc~cr is sent m m~e you aw~e of Moore~eld Cons~ct~on, Inc,'s appreciation of yo~ entire s~ffthat
has been involved wi~ ~e above-referenced project. The success offs pro~ect is greatly con~buted to ~e
coop~ation ~d a~ention offered by all involved.
~d Mushy - for expediting ~c pl~ check process, allowing us to obtain ~e pe~t ~d begin
cons~ction.
T~a Lopez, How~ 8ti~ ~d Beverly Bro~ for all of help ~d assist~ce ~t ~ey continue
~ offer.
· Russ Combs ~d E~c Poorc for ~c assist~cc ~at ~ey lend wi~ engineering issues ~d i~ediate
revisions.
Chiles Lovcll for his coop~ation ~d ~ders~ding to
provided t~ou~out ~e day ~d dealing wi~ each super~t~d~nt individu~ly to maintain
co~unica~on ~d lessen confision,
Wi~out ~s assls~ce. ~is project would be ex~emely di~cult ~d potontially bound schedule. Moom~eld
Cons~ction, Inc. will delive~ ~ ~e developer ~d ~e Ci~ of a~crsfield a ~p q~ity center ~d wi~ ~e ongoing
support of ~e staff members mentioned abov~ deliver ~ cen~r on schedule.
Th~k you again for yo~ assis~ce and best wishes on yo~ continuing gm,h.
Sincerely,
MOO~FI~LD CONSTRUCTION, ~C.
Don H~
Project
D~
gnclos~e
CC: Mike Moore~eld - Moore~eld Cons~ctlon, Inc,
August 22, 2001
Mr. David Lyman
Principal Planner
City of Bakersfield
515 Truxtun Avenue
Bakersfield, CA 93301
Team Bakersfield - University Square
Dear David:
Just a quick note to thank you for your assistance and guidance through the development process
for our University Square building in downtown Bakersfield.
The vagaries of infill development can be, at best, a challenge.., and, at worst, a nightmare. With
your team's highly capable and forthright leadership, we managed to create a project of which we
can all be proud. Your ability to fairly and expeditiously resolve "issues" was manifest numerous
times along the way.
Again, thanks to you and Team Bakersfield for their help. Looking forward to working with you
again.
Sincerely,
THE ALLEN GROUP
Cen~g~Division
HM/jc
cc: Alan Tandy )
THE ALLEN GROUP
111 South Johnson " Visalia, California 93291-6115 * Telephone S59 732 1000 - Facsimile 559 732 7160 - allengtoup.com
From: Greg Cronk
To: Alan Tandy
Date: 8/28/01 10:02AM
Subject: Median Update
South "H" Street median project of Wilson to Ming irrigation system and trees are installed. Will add
shrubbery ( not on original alans) at each tree well within next two weeks via annual Irrigation and
Landscape contract.
Advised by Public Works this project will grow in length by 2 blocks to the south. This will require
additional time to install water service and meter ( 4-6 weeks depending on service size) by Cai Water.
Expect plans for Union Avenue today from Public Works. Requires separate bid since project is CDBG
funded and has minimum 21 day bid cycle.
White Lane demo and new curbing is complete. Hardscape install has started. Irrigation system start 1-2
weeks +/- away.
The above is slightly behind estimated project schedule. White Lane project delayed due to buried road
and base material. Union Avenue was found to contain old road bed as well under asphalt cap. This
causes additional demo time as removal is very laborious.
CC: Allen Abe; Jack LaRochelle; Stan Ford; Ted Wright
Development Services Report
August 30, 2001
Building Inspection
The following are some higher valued projects currently in plan review.
1731 Chester Avenue -"Crocker Bank" remodel to a Goodwill store valued at $850,000
601 24th Street - Kern County Housing Authority Central Office valued at $2.4 million
3800 Rosedale Hwy. - New Costco store valued at $7.2 million
!. 601 Rosedale Hwy. - New Home Depot store valued at $6 million
3701 N. Sillect Ave. - New Time-Wamer Cable office building valued at $3.3 million
' 6801 White Ln. - Boulder Creek Business Park Development valued at $2.4 million
In addition, housing construction continues to boom at rates higher than our historic
average for the second Year in a row. As a result, we have had to reassign code
enforcement officers, permit technicians and plan checkers to inspection to keep up.
Code Enforcement
The damaged portion of the El Rancho Inn should be demolished in the next couple of
weeks.
We were cOntacted by GBLA about complaints that people were being evicted from the
Chapparal. They had the impression we had posted the building and caused the evictions.
We explained we had not posted it and evictions were between the landlord and tenants.
You may receive comments about some drop off in activity. Of the nine field officers, two
have been out on extended medical leave and one is being utilized in building inspection.
We have been unsuccessful in our search for temporary help. The code enforcement
officer doing building inspection is transferring back to building inspector. We should be
able to fill his position from an active list of code enforcement applicants.
Planning
We have called for bids for housing element update. There should be a consultant
contract to Council by late September, 2001. State law requires this to be done by 2002.
Draft policy document and DEIR for 2010 update should be done in November, 2001. The
Planning Commission will hear it first, then the Board of Supervisors, and Council should
review General Plan Update in May-July
The Northeast Open Space Plan policies and focus map will go to Planning Commission
September 20th GPA cycle. To City Council November 14th. Several meetings with
interested parties have been conducted.
Council Urban Development Committee is schedule to meet with Planning Commission on
October 1,2001. Initial topics proposed for discussion include planning for northeast,
Vision 2020, minority reports.
Parks element amendment for expanding Central Park will go to Planning Commission
September 20th GPA cycle and to City Council November 14th.
Planning Commission committee is reviewing the City's petroleum extraction ordinances as
they relate to urban/oil extraction interface.
The environmental reviews associated with segments of alternative 15 transportation
system will begin in early 2001.
Costco and Home Depot recently submitted for building permits (both going through 2nd
site review). The Home Depot is the one in phase 1 of the NW Promenade.
The Home Depot next to East Hills mall will resolve its final issues with us and a building
permit is anticipated to be issued next week.
A new AIbertsons anchored shopping center at the NW corner of Olive Drive and Coffee
Road was recently approved.
Building permits being reviewed for a new Walgreens at Ming and Stine in the Food-4-Less
Center (replaces existing pet store building).
We are coordinating the environmental documentation for:
a) The State Highway 99 and White Lane interchange expansion.
b) State Highway 178 and Fairfax Road interchange project which
includes a separation of grade for Fairfax Road.
c) Environmental review for the consolidation of the canals and the Olive
Drive bridge at Calloway Drive.
d) Widening of Rosedale Highway just west of State Route 99 to Gibson
Street, widening from 4 lanes to 6 with several left hand turn lanes and
deceleration lanes and the access points necessary for the new
Costco.
We are preparing the CEQA and NEPA documents for the seismic safety retrofit projects
at Manor Street and Beale Street Bridges.
We are actively processing 12 annexations, two of which are inhabited.
2
Our new better than ever ward reapportionment program is ready for the City Council's
use.
The Borba Dairy Supplemental EIR is under review.
General
We are in the training phase of moving from Sierra to the HTE computer programs for the
department. We should be operational in HTE in late January or February. This will allow
internet transactions and complete integration with the rest of the city's computer service.
Our annual fee for service study should begin next week.
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M /3-,I I~ 2 9 2001
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR
DATE: AUGUST 29, 2001
SUBJECT: GENERAL INFORMATION
Attached is a copy of the 2001 second quarter Activity Report describing the status of the
Local Enforcement Agency's (LEA) regulated projects within the City of Bakersfield from
April 1, 2001 - June 30, 2001.
Attachment
PROGRESS OF PROJECTS WITHIN THE CITY OF BAKEF[SFIELD
Activity For April1, 2001 - June 30, 2001
Bakersfield Sanitary ,,,,,,,o,~,o,~'--A-':-'~ ,..,,,~,,.'"^-" Gas levels were reported to be in The City of Bakersfield and the
Landfill/Burn Dump Re,,,~,,,o,,,.,,, ,.,,,,,~,,, ,, ,c~,o, ,~,, ,,, compliance at all perimeter,I Kern County Waste Management
Closure.
,=,.,,,,.=,=,,,,,,,,o,= ,,,= ,,=o,,,, ,,o,,o monitoring probes during , Department will coordinate
..... :~'^-~ '-':'~' '- ...... " second quarter of 2001 I development and submittal of
SWIS #: 15-AA-0044 Completed 5/1/1998 ~ closure/postclosure maintenance
LEA WO #: 102 and 319 The Regional Water Quality ! plans for the landfill as per the
,,~,,,~,.,,,-,,, ,,,,~ ,o,,,~,,,,,,,,~,,,~,,,~ Control Board (RWQCB) adopted agreement entered into on May 22,
Sections 10, 11, 14, and ~,-o ~,, ,, ,~ ,~,~,,,,y ~,,,,,,,,~o, y ,,., Waste Discharge Requirem nts 1996.
15, T29S, R28E ,~oo ,, ,,,,, .., ,,, ,.,, ,, ,~ -,~v,~, which stipulate that a final cover
I'--..~IAA;,.~ I ;~;/" /I I'--I \
4200 Panorama Drive ~,,~,,,.,o,~ ,_,,,,,, ~,_-/. system is to be constructed ~IY The LEA has requested
Completed 8/29/97 December 31,2003. The '! abandonment of damaged,
Property Owner: RWQCB has agreed that the! City substandard and/or out-of service
City of Bakersfield Long Term Goal: may use the results from the gas probes located within the
Closure of the sanitary landfill China Grade test pad to design facility.
and burn dump in compliance the monolithic cover for this ;ite.
with Title 27, California Code of
Regulations (CCR).
China Grade Burn ,,'---^'~:A'-, ,,, ,~,~,=,~ ,.,,.,o,.'-'A-" The Waste Management The Local Enforcement Agency
Dump/Landfill Closure ~'----':-':-- -' ~' ...... 'A-:-' Department has constructed ~the will continue to inspect the facility
· ":'":-vv,,,,,,, ,~,,,,.,,,,,'-~-'~"' ,.,,,,,,,,,,,,,~o,"' .... -'~-:-- '-,,., test pad. The test pad will be every month to determine
SWIS #: 15-AA-0048 ,'^"~,., ~,,.~, ~,,,'^':-:--'-, ,,, ,~,,~ '~'-,, ,~ ," ^-"~',~o,,,, ,-:-"-,o,,o monitored for 24 to 30 months, compliance with State Minimum
LEA WO #: 108 ooo,.,,~,~.~,.,:-'^'" '":'~'w,,,, ~',.,,,, ......,, ~,o,~',. . Standards, Title 27, CCR.
Completed June 4, 1997.
Location:
Sections 1 & 12, T29S, Long Term Goal:
R29E Closure of the sanitary landfill
and burn dump in compliance
Property Owner: with Title 27, CCR.
Kern County
Page 1
Soilrem Corporation ,,'--^":-'^,,, ,,~,,,,~,~ ,.,,.,o,.'"-~'- The owner has retained Vertlex The Local Enforcement Agency ;' z l
Facility Compliance Plan o~_., ...... :,, .... ,A,^ _ ~A:,-.,.. t~o will continue to inspect the facility
,.,,.,,,,~,,, v,,,, ,.,,.,,,,~,,~,~ ,=, ,~,..,,,,y Engineering Services, Inc., I
----~I;~AA nl~-- ;-- I;~,, AS
, ,o,, ,,, ,,~,~ evaluate the site and develop a every quarter to determine
SWIS
#:
15-AA-0356
....F,~,,,,,,o ,,,,,,, ,, ,,,,v,,-,'o, ,~' "-'~o, protocol for restoration of th compliance with State Minimum
LEA WO#: 450 '-~" "~:-- *"~ ' ~'
~,,,.,,,,,,,~ ,,,~ ,_,,~,,, Enforcement site. Vertex has sampled the Standards, Title 14, CCR.
~ Completed April 28, 1999 soils left on site and has
408 E. Pacheco Rd submitted a final investigatio
Bakersfield, CA 93307 Long Term Goal: report, dated July 20, 2001.
Compliance with State Minimum Several procedures for site
Property Owner: Standards, Title 14, California restoration were provided in ~e
Glenn MacQueen Code of Regulations (CCR), report.
Section 18224.
K and D Salvage Landfill Immediate Goal: Drainage from gutters Iocate~ on The LEA will continue to conduct
Fence the facility to prevent Daniels Lane to the landfill ~ quarterly inspections.
SWIS # 15-AA-0103 public access, property continues to occur. ~
LEA WO#: 267 Most of the drainage originates
Long Term Goal: from a nut packing company
600 South Union Ave. Closure of the burn dump in located on Daniels Lane. W~eed
Bakersfield, CA 93307 compliance with Title 27, CCR. growth is evident in drainage at
Daniels Lane and on landfill
Property Owner: property.
Nathan & Roberta Daniels
City of Bakersfield Immediate Goal: The greenwaste facility and The Local Enforcement Agency
Greenwaste Concurrence and issuance of a expansion area have been will provide the approved Final
Facility/Expansion area Full Solid Waste Facility Permit operated substantially in Negative Declaration to the
to include expansion of the compliance with State Minim~Jm California Integrated Waste
SWIS #: 15-AA-0311 composting processing area. Standards Management Board. The permit
15-AA-0365 process will resume, and the
15-AA-0366 Future Goal: revised Solid Waste Facility Permit
Location: Compliance with State Minimum should be issued within 70 days.
Section 9, T30S, R28E Standards, Title 14, CCR.
2601 S. Mt. Vernon Ave.
August 24, 2001
Page 2
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
3 0 200
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR
DATE: August 28, 2001
SUBJECT: DOWNTOWN SCHOOL PARKING
Council Referral # WF0018993 / 001 (Ward 2)
ouncilmember Benham requested that Public Works Staff contact Angie
acquett, Principal of the Downtown School, regarding restricted parking at the
chool site.
The Public Works Traffic Engineer contacted Principal Pacquett regarding parking at
Downtown Elementary School. Traffic Staff will be working with her to modify parking
restrictions and time limits on the streets around the school.
G:\GROUPDAT~Refenals\CC Mtg 8-22-01\WF0018993 -Traffic.wpd
? AUG 3 I 2001 '
B A KE R S F I E L D ;
TO: Alan Tandy, City Manager
FROM: Jack Hardisty, Development Services Dire or ~¢~~.
DATE: August 30, 2001
SUBJECT: Council Referral No. WF0019005 / 001
ICouncilmember Couch referred a request from Dave Pickens regarding clean-up of
the area around 7-11 at Calloway & Hageman.
On August 29, 2001, a notice of violation for weeds and junk was mailed to the
property owner of the vacant lot at 9815 Hageman Road. A reinspection of the property
will be conducted on September 4, 2001.
The Fruitvale Community Church was mailed a notice of violation for weeds at the
corner of Hageman and Calloway. A reinspection of the property will be conducted on
September 4, 2001.
The 7-11 store at 4104 Calloway Road was mailed a notice of violation and information
about the City's graffiti removal program for graffiti on their retaining wall. A
reinspection of the property will be conducted on September 4, 2001.
B A K E R S F I E L D
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: JACK HARDISTY, DEVELOPMENT SERVICES DIREC'I' ~'L~'~ ..
DATE: AUGUST 31, 2001
SUBJECT: C-2 ZONING COMPARISON
Council Referral No. WF 0018840 (Ward 4)
Councilmember Couch requested staff compare Bakersfield with other cities' architectural
standards.
I
The cities requested for this comparison were asked to be those where it appears new commercial
development is subject to specific architectural or design requirements.
Staff surveyed the cities Laguna Nigel (requested by a constituent), Mission Viejo, Santa Barbara
and Monterey since these cities have or appear to have established architectural standards that are
consistently applied to developments. In general, none of the cities surveyed have actual ordinances
that require a specific architectural design or style. Instead, they have developed general guidelines
which address basic design issues to help the decision-making bodies review a proposal. Although
flexibility has been built into many of these communities' design guidelines, their staffs noted that the
process is very subjective and inconsistent. Santa Barbara and Monterey have the most strict review
which mainly focuses on the preservation of their historical districts.
Bakersfield:
(population 254,400)
New commercial development is subject to the city's site plan review process which assures that
minimum ordinance standards are satisfied. Small in-fill projects (usually 5 acres or less) go through
an administrative review by staff. Larger projects are reviewed at a public hearing by the
Development Services Director. Developers have flexibility in the overall architectural design.
However, project design is affected by city ordinance requirements such as landscaping, street
frontage improvements, parking, equipment screening and building setbacks. Projects within a PCD
(Planned Commercial Development) zone may have conditioned specific architectural requirements
at the discretion of the Commission or Council though this has usually not been a significant
component of existing PCD developments. The Riverlakes Specific Plan area is the only part of the
city that has specific architectural elements that apply to projects within its boundary, though these
are mostly administered through a private architectural review committee.
Laguna Niguel:
(population 63,200)
Commercial development is subject to a site development permit through staff. Larger projects are
reviewed by the Planning Commission where some other discretionary permit is required. The city
has developed an informal set of general architectural guidelines (not ordinance) which allows a
developer flexibility in developing a project's overall design. Design issues are very subjective and
ALAN TANDY, CItY MANAGER
August 31, 2001
Page 2
the city usually attempts to assure that the project is basically compatible with the surrounding
development. City staff commented that since many of the projects are relatively new, developers
have not deviated significantly from the Mediterranean/Spanish/Mission styles that dominate the
southern California area so it appears that the city has adopted this architectural standard when in
fact, nothing exists in the code to require it.
Mission Viejo:
(population 96,600)
The city requires design review through a public hearing process with a Design Review Committee.
Staff conducts a preliminary review to head off any major problems. General guidelines exist
similarly to Laguna Niguel which allows quite a range of architectural diversity and lets the developer
take the lead in the initial project design. The trend has been to follow the Mediterranean/Mission
type of architecture but there is no ordinance that limits design to this style. It's just what is currently
popular in the area.
Santa Barbara:
(population 94,200)
The major emphasis of the city's architectural review is historic preservation which began in 1922.
The city requires a formal review of all architectural elements through either an Architectural Review
Board or their Historical Landmark Committee. The process examines how new projects or changes
are compatible with the existing historical elements in the neighborhood. Architectural standards will
differ throughout the city and these areas each have their own specific guidelines since what occurs
along State Street (downtown) has different issues than development along the ocean front. The
review process is time consuming as a building permit is only granted after a series of up to four
different levels of review. These review levels consider nearly every exterior feature including lights,
doors and windows (including hardware), paving, color, landscaping, sign, etc. As with the other
cities surveyed, the process is very subjective since the city recognizes many different architectural
styles as appropriate for an area. Again, the standards are only guidelines, not ordinance so
compatibility with the neighborhood will drive the approval process.
Monterey:
(population 297'00)
Similar to Santa Barbara, the main emphasis is toward a historical perspective and a similar process
exists though it's not as extensive. Design guidelines have been developed but still permits much
latitude for a developer. Since Monterey does not experience significant new growth (like Santa
Barbara), most of their issues are how the new project fits into the existing neighborhood character.
P:\Corres\cornparison.ref.wpd
TO: ALAN TANDY, CITY MANAGER
FROM: ERIC W. MATLOCK, CHIEF OF POLICEUct~/'
DATE: August 31,2001
SUBJECT: Iron Creek Way Issues
Council Referral No. WF 18982/02 (Ward 4)
Council Member Couch requested that staff follow-up with Karen Christiansen,
Principal of Liberty High School regarding Iron Creek Way...
I
Operations staff contacted Karen Christiansen regarding traffic problems in the
residential area east of Liberty High School and in the general area surrounding the
school.
Traffic Sergeant Gary Moore, and Traffic Officer Blaine Smith responded to Liberty High
School on separate occasions prior to August 27, and spoke with Mrs. Christiansen
about perceived problems with students driving in the area. Mrs. Christiansen advised
them she has prepared handout materials for students instructing them to follow all
traffic laws while driving to and from school.
Officers were assigned to monitor traffic in the neighborhood during the first three days
of school and citations were issued to four drivers for seat belt violations, however no
speeding vehicles were observed.
During the morning hours before school is in session, there is a considerable back up of
vehicles westbound on Brimhall Road waiting to turn south on Jewetta. Many
westbound drivers are turning into the neighborhood east of the school and winding.
through the area eventually reaching the school. It appears there will continue to bea
high volume of traffic through the neighborhood during the academic year because
them are only two routes to reach the school.
Staff will utilize the SMART trailer in the area, and traffic officers will continue to monitor
the neighborhood as time permits. In addition, Ryan Starbuck of Traffic Engineering
advised he would have the left turn light signal time lengthened to help decrease traffic
congestion.
TO: ALAN TANDY, OITY MANAGER
FROM: ERIC W. MATLOCK, CHIEF OF POLICE
DATE: August 31,2001
SUBJECT: Terry Swisher Complaint
Council Referral No. WF19003/001 (Ward 3)
Council Member Maggard requested Police Chief Matlock respond to accusations
against the Police Department regarding abuse in a holding cell that were mentioned
by Terry Mack Swisher in his public statement. Maggard is requesting a written
report from Chief Matlock regarding these issues.
On August 23, 2001, staff was assigned to investigate the allegations of Mr. Terry
Swisher. Please refer to the attached memorandum by Lt. J. Molinar for details
of our investigation.
BAKERSFIELD POLICE
MEMORANDUM
August 31,2001
To: Eric W. Matlock, Chief of Police
^ A
From: Lieutenant J. Mol/nar, #459, Internal Affairs .~'
/
Subject: Response to Council Referral/Terry Swisher Allegation
On Wednesday, August 22, 2001, a regularly scheduled Bakersfield City Council
meeting was convened at City Hall, 1501 Truxtun Avenue. During the "public
statements" portion of the meeting, Terry Mack Swisher was called to address the
Council, after he had apparently requested an opportunity to speak about a police
matter.
Mr. Swisher walked to the podium and gave the following brief, uninterrupted statement.
"I'm Terry Swisher. And I recently witnessed the most atrocious police brutality I ever
witnessed in my life. I've been beat up by the cops many times. That's nothing
compared to what I witnessed at the holding tank, downtown here. Peace Officers
were sodom/zing a young lady w/th a police baton. I know the talk on the street is there
is going to be a lot of blood shed, man. Sure, I don't want no violence. I hate violence.
But what I saw there broke my heart. It could have been my own daughter, man. They
beat me up too. ~1 was hand cuffed me and beat me up. ~ I don't care about that, that
much. I¥,e been beat up before. But to have some young lady being sodom/zed with a
police baton, and begging for mercy and not getting any, is beyond my control I cannot
take that. And further, this town better wake-up because it is happening every day.
Thank you."
On Thursday, August 23, 2001, I went to the Bakersfield City Clerk's office and
obtained a tape-recorded copy of Mr. Swisher's statement before the Council.
I called Mr. Swisher to further discuss the matter and he told me he did not want to talk
about his complaint. However, he did give me some information about his allegation.
He said he was in a holding cell and he could hear a woman screaming. He asked
another guy in the same cell what he thought was happening, and this other person told
him what the police were supposedly doing to the woman. Swisher told me he did not
personally see anything.
Swisher, Terry
Council Referral Response
August 31,2001
A check of local records revealed that as of August 24, 2001, Swisher had last been
arrested by our department on June 14, 2001. The arrest was for public intOxication
and it occurred at the Restoration Village, 1700 Golden State Highway.
On Monday, August 27, 2001, Detective M. Hutton went to the downtown jail facility to
view the inmate reception area and the holding cells. This facility is located at 1415
Truxtun Avenue and it is where prisoners are received for booking. Detective Hutton
spoke to on duty jail personnel who explained several inmate reception procedures.
When arresting officers arrive at the jail with a prisoner, they first must enter the
booking area. The booking process is completed with the assistance of jail personnel.
After the booking process is completed, jail personnel escort the prisoner out of the
booking area and down a hallway to a holding cell. The booking area and the holding
cells are both within what is known as the Inmate Reception Center(IRC). These two
areas are separated by iron bars with a sliding door. Detective Hutton was told it would
be very unusual for an arresting officer to leave the booking area. Typically, only jail
personnel are permitted in the area where the holding cells are located.
Moreover, arresting officers are never allowed to bring weapons of any type into the jail.
This, of course, would include police batons. This is a long standing and strictly
adhered to policy for jail facilities everywhere. So it is unlikely that Mr. Swisher, or any
other prisoner, would have seen an officer holding a baton while in a holding cell.
There are four holding cells in the reception area. One cell is for female prisoners only.
Another cell is used to isolate a prisoner when it is necessary to do so, and the two
remaining cells are used for male prisoners. The holding cells are made of solid walls
and solid doors. Each door has an approximate 4" by 6" window made of thick glass,
located about five feet from the bottom. These windows allow for viewing of the
prisoners by jail personnel.
Although it might be possible for a prisoner in one cell to hear a prisoner in another cell
screaming, it is impossible for prisoners to see into another cell from their own cell.
Once prisoners leave the initial booking area, male and female prisoners are always
kept separated from each other.
On Monday, August 27, 2001, at about 1630 hours, Sergeant Maxwell called the Kern
County Sheriff's Department Internal Affairs Division to inquire as to whether they had
received a complaint regarding the same allegations made by Swisher. They informed
him they had not received any complaints from Swisher, or any complaints with
allegations of a similar nature.
Terry Swisher's allegations appear to be unfounded.
EWM/JM/bab/vrf
B A K E R S F I E L D !I AU{;312001
TO: Alan Tandy, City Manager
FROM: Jack Hardisty, Development Services Dire or~~,
DATE: August 30, 2001
SUBJECT: Council Referral No. WF0019001
Councilmember Salvaggio referred correspondence received from Cherrilyn Miller
regarding a severe rat problem.
I
On July 5, 2001, Code Enforcement Officer DeMarco responded to a complaint
regarding rodent infestation and overgrown vegetation located at 1700 Clark Avenue.
Upon arrival, he contacted the reporting party, Cherrilyn Miller and she stated her
concerns.
Officer DeMarco observed a pile of tree clippings adjacent to the rear fence line, fruit
trees and a large tree encroaching overhead electrical wires. During his investigation,
he was advised that Ms. Miller had been in contact with Kern County Health
Department and Kern Mosquito and Vector Control District. Ms. Miller presented a
copy of Vector Control's investigation. The investigation recommended clearance of
vegetation from fence line. Officer DeMarco asked Ms. Miller who the property owner
was at which time she informed him the property owner was Eleanor and John
Patterson. Officer DeMarco informed Ms. Miller that he would contact the property
owner.
On July 5, 2001, a 7-day violation notice was mailed to Patterson Trust requiring the
following corrective action: remove accumulation of vegetation; remove tree clippings
and brush accumulation at backyard fence. Officer DeMarco was contacted by John
Patterson. He requested an extension of time to cut back three trees and remove a
small pile of tree clippings adjacent to the backyard. Mr. Patterson was given 30 days
to complete the scope of the work.
Officer DeMarco conducted a follow up inspection of the property and determined that
the corrective action taken by Mr. Patterson exceeds Bakersfield Municipal Code
requirements.
After the e-mail to the City Clerk's Office, the Chief Code Enforcement Officer
investigated the allegations and talked to both parties and found no violations per the
Bakersfield Municipal Code.
B A K E R S F I E L D
PUBLIC WORKS DEPARTMENT
MEMORANDUM , AU$ 3 0 2001
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR
DATE: August 28, 2001
SUBJECT: STOP LIGHT (TRAFFIC SIGNAL) AT PACHECOIAKERS
Council Referral # WF0018998 / 001 (Ward 7)
ICouncilmember Salvaggio referred to staff the feasibility of a stop light at the
intersection of Pacheco Road and Akers Road and requested a status report
back.
The intersection of Pacheco Road and Akers Road was evaluated for a Traffic Signal a
few years ago. It is a warranted future signal location and is currently ranked in the top
third of thirty-three intersections. At this time, the future signal is unfunded. It will be
considered in the upcoming budget process for funding in the next budget. A re-
evaluation of ranking will be done in advance of the budget process.
G:\GROUPDA'I-~Referrals\CC Mtg 8-22-01\WF0018998 - Tmffic.wpd
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM 3 0 2001
TO: ALAN TANDY, CITY MANAGER -- -
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~
DATE: August 27, 2001
SUBJECT: 1713 FAIRVIEW ROAD
Council Referral # WF0018997 / 001 (Ward 7)
t ouncilmember Salvaggio referred to staff the is;u~ of a dangling electrical wire
1713 Fairview Road and requested staff contact PG&E.
During a field investigation at 1713 Fairview Road, it was determined the dangling wire
was a Pacific Bell Phone cable that is routed along Fairview from pole to pole. The
lashing that attaches the cable to the messenger had broken allowing the cable to sag
in front of this residence.
A Pacific Bell construction supervisor was notified via phone message.
G:\GROUPDAT~Referrals\CC Mtg 8-22-01\WF0018997 - Brad.wpd
BAKERSFIELD
PUBLIC WORKS DEPARTMENT MEMORANDUM
TO: ALAN TANDY, CITY MANAGER -
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~
DATE: August 30, 2001
SUBJECT: RECYCLING DROP-OFF
Council Referral # WF0018996 / 001 OVard 7)
tCouncilmember Salvaggio referred to Public Works the issue of the possible
emoval of the recycling drop-off facility at Valley Plaza and requested staff
ollow-up with Alan Clark, General Manager, regarding options.
Staff discussed with Alan Clark, General Manager, Valley Plaza regarding options.
Based on those discussions, Valley Plaza~ has agreed to keep drop off recycling at its
current location. The exact location is adjacent to an empty building (the old Payless)
on the northwest side of the mall parking lot. Should that location be leased, Mr. Clark
indicated it may be necessary to move the recycling bins to other locations on the mall
property. Mr. Clark indicated his concern regarding litter and garbage near the locations
had been addressed satisfactorily for the time being. Operation Clean Sweep personnel
have been reminded of the need to be vigilant 7 days a week to keep those areas
clean. City staff will also survey and notify appropriate personnel in the event litter
issues present themselves.
Possible other locations were discussed on mall property, and a site survey and
discussion with Traffic Engineering took place to determine ways to alleviate traffic
concerns and parking concerns. Future discussions are to be held in the event the
recycling drop off location does need to be moved at a later date if the old Payless
building gets leased. It is expected that in the event this is necessary, that location will
nevertheless be at Valley Plaza.
G:\GROUPDAT~Referrals\CC Mtg 8-22-01\WF0018996 - Solid Waste.wpd
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~
DATE: August 29, 2001
SUBJECT: TRACT 5001
Council Referral # WF0018999 / OOl (Ward 7)
te COUncilmember Salvaggio referred to staff the issue of Tract 5001, Phases 3 & 4, I
garding the impact it would have on the other tract regarding sewer access,
tc., and requested a report back before the next Council Meeting.
Tract 5001, Phases 3 and 4, recorded on September 18, 2000. However, construction
of the improvements has not yet commenced. Public Works staff has been informed
that the tract has changed ownerehip and that the new owner was unaware of the time
constraints. In a letter to the engineer for the tract, Moreland Consulting, the City has
sent a Novation agreement to change the ownership of the tract as well as informing
the engineer of the specific steps that must be taken to relieve the original owner of his
obligations under the improvement agreement.
As the new owner has planned to move forward with the tract imprevements, there
should be no impact on Tract 6044.
G:\GROUPDAT~Referrals\CC Mtg 8-22-01\WF0018999 - Madan.wpd
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
,, 0 2.00I
1
TO: ALAN TANDY, CITY MANAGER -.
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~_~ ~
DATE: August 30, 2001
SUBJECT: TRUXTUN PLAZA SIGNAL
Council Referral # WF0019002 / 001 (Ward 7)
:ouncilmember Salvaggio requested Public Works staff try and meet the time
chedule for the Truxtun Plaza traffic signal project.
I
The project is currently advertising and bids open on September 5, 2001. Award is
anticipated for the City Council meeting of September 19, 2001. The anticipated
schedule is as follows:
· Wednesday August 22, 2001 - Advertise for Bids.
· Wednesday September 5, 2001 - Bid opening.
· Wednesday September 19, 2001 - City Council to award project.
Following award, Contractor is allowed ten (10) days to deliver contract,
bonds and Insurance to CITY.
· Tuesday October 2, 2001 - Contractor given notice to proceed.
Following notice to proceed, Contractor is allowed up to 15 days to
mobilize.
· Wednesday October 17, 2001 - Contractor mobilizes.
Contractor has 30 working days to complete the work.
· Wednesday November 28, 2001 - Signal and median work is complete.
cc: Jacques R. LaRochelle, Assistant Public Works Director
Ted Wright, Civil Engineer IV
Derrill Whitten, Civil Engineer III
Stuart Patteson, Construction Superintendent
G:\GROUPDA~Referrals\CC Mtg 8-22-01\WF0019002 - Ted.wpd