HomeMy WebLinkAbout01/20/1994 BAKERSFIELD
Kevin McDermott, Chair
Patricia J. DeMond
Randy Rowles
Staff: Gail E. Waiters
AGENDA
BUDGET AND FINANCE COMMI'ITEE
Thursday, January 20, 1994
12:15 p.m.
City Manager's Conference Room
1. ROLL CALL
2. APPROVAL OF MINUTES OF THE DECEMBER 6, 1993 MEETING
3. PRESENTATIONS
4. PUBLIC STATEMENTS
5. DEFERRED BUSINESS
1. ASSESSMENT DISTRICT POLICY
6. NEW BUSINESS
1. ESTABLISHMENT OF REGULAR MEETINGS
2. CONSULTANT SERVICES FOR ISTEA LEGISLATION OPPORTUNITIES
3. ESTABLISHMENT OFAD HOC COMMITYEE TO STUDY CITY'S POLICY
ON PREVAILING WAGE
4. E. DEL SMITH & COMPANY--FEDERAL LEGISLATIVE LOBBYIST
7. COMMITTEE STATEMENTS
8. STAFF COMMENTS
9. ADJOURNMENT
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FILE COPY
NOTICE OF SPECIAL MEETING
OF THE
BUDGET AND FINANCE COMMITTEE
OF THE COUNCIL
OF THE CITY OF BAKERSFIELD
NOTICE IS HEREBY GIVEN thatthe Budget and Finance Committee of the
City Council will hold a Special Meeting for the purpose of a Committee Meeting on
Thursday, January 20, 1994, at 12:15 p.m., in the City Manager's Conference Room on
the second floor of City Hall, 1501 Truxtun Avenue, Bakersfield, California, to consider:
1. ROLL CALL
2. APPROVAL OF MINUTES OF THE DECEMBER 6, 1993 MEETING
3. PRESENTATIONS
4. PUBLIC STATEMENTS
5. DEFERRED BUSINESS
1. ASSESSMENT DISTRICT POLICY
6. NEW BUSINESS
1. ESTABLISHMENT OF REGULAR MEETINGS
2. CONSULTANT SERVICES FOR ISTEA LEGISLATION OPPORTUNITIES
3. ESTABLISHMENT OF AD HOC COMMITTEE TO STUDY CITY'S POLICY ON
PREVAILING WAGE
4. E. DEL SMITH & COMPANY-FEDERAL LEGISLATIVE LOBBYIST
7. COMMITTEE STATEMENTS
8. STAFF COMMENTS
9. ADJOURNMENT
G/a~l E. Waiters, Assistant City Manager
FILE COPY
B A K E R S F ! E L D
./
AI~. :'Tandy, City Manager / Kevin McDermott, Chair
Staff: John W. Stinson '" Patricia J. DeMond
Randy Rowles
AGENDA SUMMARY REPORT
BUDGET AND FINANCE COMMITFEE
Monday, December 6, 1993
12:00 noon
City Manager's Conference Room
1. Kern Transportation Foundation
The Committee reviewed a request from the Kern Transportation Foundation for a
$10,000 contribution. Don Lindsay, President of the Foundation, did a brief
presentation to the Committee on the Foundation's current activities and objectives.
There was discussion regarding the Foundation's participation in the Kern County
Transportation Master Plan and the level of service relative to the transportation
impact fees. The Committee felt that additional information was needed from the
Foundation regarding its budget and a list of contributors to the Foundation. The
Committee recommended that this information be provided to staff so they may
include this request as part of the 1994-95 fiscal year budget process.
2. Sexual Assault Response Team
This item was referred by Couneilmember Brunni at the November 10, 1993 Council
meeting. Sergeant Bob Hartshorn explained the current practices utilized by the
Bakersfield Police Department regarding investigations of rape or sexual assaults.
He indicated that the City currently utilizes Kern Medical Center to provide these
services and that there has been some interest expressed by nurses at Memorial
Hospital who have received specialized training as sexual assault nurse examiners to
provide this program for the City. There were a number of questions regarding
current funding of this program by the County as well as the availability of these
services through other hospitals. The Committee is recommending that staff
continue to investigate the poss~ility of utilizing this program as well as developing
a more complete cost estimate.
3. Set Next Meeting
Thursday, January 20, 1994, 12:00 noon
Attendance: Chair Councilmember Kevin McDermott, Councilmember Patricia DeMond,
Councilmember Randy Rowles, John W. Stinson, Judy Skousen, GaLl E.
Waiters, Ed Sehulz, Sergeant Bob Hartshorn, and guests: Don Lindsay, Becky
Pratt, Barbara Hobbs.
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cc: Honorably Mayor and City Council
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BUDGET AND FINANCE COMMITTEE
PROPOSED MEETING SCHEDULE- 1994
Committee Meeting Council Meeting
Monday, February 14 Wednesday, February 23
Monday, February 28 Wednesday, March 9
None Wednesday, March 23
Monday, March 28 Wednesday, April 6
Monday, April 11 Wednesday, April 20
None Wednesday, May 4
Monday, May 9 Wednesday, May 18
Monday, May 23 Wednesday, June 1
Monday, June 6 Wednesday, June 15
Monday, June 20 Wednesday, June 29
None Wednesday, July 13
Monday, July 25 Wednesday, July 20
None Wednesday, August 10
Monday, August 29 Wednesday, August 24
Monday, September 12 Wednesday, September 7
Monday, October 3 Wednesday, September28
None Wednesday, October 12
Monday, November 7 Wednesday, October 19
None Wednesday, November 2
Monday, December 5 Wednesday, November 16
None Wednesday, December 7
None Wednesday, December 14
NOTICE OF SPECIAL MEETING
OF THE
LEGISLATIVE AND LITIGATION COMMITTEE
OF THE COUNCIL
OF THE CITY OF BAKERSFIELD
NOTICE IS HEREBY GIVEN that the Legislative and Litigation Committee
of the City Council will hold a Special Meeting for the purpose of a Committee Meeting
on Thursday, February 3, 1994, at 12:15 p.ml, in the City Attorney's Conference Room
on the second floor-of City Hall, 1501 Truxtun Avenue, Bakersfield, California, to
consider:
1. ROLL CALL
2. APPROVAL OF MINUTES OF THE OCTOBER 25, 1993 MEETING
3. PRESENTATIONS
4. PUBLIC STATEMENTS
5. DEFERRED BUSINESS
1. AN ORDINANCE ADDING CHAPTER 9.13 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO LOITERING FOR THE PURPOSE OF ENGAGING IN A
PROSTITUTION. OFFENSE
2. AN ORDINANCE ADDING CHAPTER 9.19 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO LOITERING FOR PURPOSES OF DRUG-RELATED
ACTIVITIES.
3. A RESOLUTION ADOPTING THE POLICE DEPARTMENT TRAINING OUTLINE
FOR DRUG LOITERING ORDINANCE
6. NEW BUSINESS
1. ESTABLISHMENT OF REGULAR MEETINGS
7. ADJOURNMENT
Tmdy Slater~, Administrative Analyst
ORDINANCE NO.
AN ORDINANCE ADDING CHAPTER 9.13
OF THE BAKERSFIELD MUN/CIPAL CODE
RELATING TO LOITEHING FOR THE
OF ENGAGING IN A'PROSTITUTION OFFENSE
BE IT ORDAINED bff the Council of the City of
Bakersfield as follows:
SECTION 1
Chapter 9.13 is hereby added to the Bakersfield
Municipal Code to read as follows:
CHAPTER 9.13
LOITERING FOR THE PURPOSE OF
ENGAGING* IN A PROSTITUTION OFFENSE
Sections:
9.13.010 ~se.
9.13.020 Definitions.
9.13.030 Loitering for ~epurposeof engaging in
prostitution.
9.13.040 Severabilit¥.
9.13.050 Penalty.
9.13.010 PurDose.
This chapter is enacted for the purpose of assisting local
law enforcement in controlling prostitution-related activities
and to minimize the adverse effect these activities have upon the
City of Bakersfield.
The City Council finds and determines that loitering for the
purposes of engaging in a prostitution offense constitutes a
public nuisance which, if left unabated, adversely affects the
City's image, public safety, residential and business
development, and tends to encourage further criminal activity.
Furthermore, prostitution-related activities consume an
inordinate amount of the City's limited law enforcement
resources. The ordinance is intended to supplement existing
state legislation by making it a criminal offense to loiter in a
public place for purposes of engaging in a prostitution offense.
9.13.020 Definitions.
For purposes of this chapter, the following definitions will
apply:
A. "Commit Prostitution" means to engage in sexual
conduct for money or other consideration, but does not include
sexual conduct engaged in as a part of any stage performance,
play, or other entertainment open to the public.
B. "Known Prostitute or Procurer" means a person who
within one (1) year previous to the date of arrest for violation
of this section has, within the knowledge of the arresting
officer, been convicted in any court of the State of California
for any offense relating to or involving prostitution as defined
in the Penal Code of the State of California or the Bakersfield
Municipal Code.
C. '"Public Place" means an area open to the public or
exposed to public view and includes streets, sidewalks, bridges,
alleys, plazas, parks, driveways, parking lots, automobiles
(whether moving or not), and buildings open to the general
public, including those which serve food or drink, or provide
entertainment and the doorways and entrances to buildings or
dwellings and the grounds enclosing them.
9.13.030 Loitering for the purpose of engaging in prostitution.
It is unlawful for any person to loiter in or near any
public place with the intent to commit prostitution. Such intent
is evidenced by acting in a manner and under circumstances which
openly demonstrate the purpose of inducing, enticing or
soliciting prostitution or procuring another to commit
prostitution. No arrest shall be made for violation of this
section unless the arresting officer first affords such person an
opportunity to explain such conduct, and no one shall be
convicted of violating this section if it appears at trial that.
the explanation given was true and disclosed a lawful purpose.
Among the circumstances which may be considered in
determining whether a person intends such prohibited conduct are
that she or he:
A. Repeatedly beckons to, stops, or attempts to stop
or engage passersby in conversation;
B. Repeatedly stops or attempts to stop motor vehicle
operators by hailing, waving of arms or any other bodily gesture;
C. Has previously been convicted of violating this
section;
D. Circles an area in a motor vehicle and rePeatedly
beckons to, contacts, or attempts to contact or stop pedestrians;
or
2
E. Is a known prostitute or procurer.
9.13.040 Severability.
If any section, sub-section, sentence, clause, phrase or
portion of this chapter is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the Validity of the
remaining portion thereof.
9.13.050 Penalty.
A violation of any provision of this chapter is a
misdemeanor, punishable as set forth in the Penal Code of this
state.
SECTION 2
This ordinance shall be posted in accordance with the
Bakersfield Municipal Code and shall become effective thirty (30)
days from and after the date of its passage.
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3
I ~RRy CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on , by the
following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY K. SKOUSEN
ACTING CITY ATTORNEY of the City of Bakersfield
M~A:gl~
01/25/94
ORDINANCE NO.
AN ORDINANCE ADDING CHAPTER 9.19 OF
THE BAKERSFIELD MUNICIPAL CODE
RELATING TO LOITERIN~ FOR ~'
OF DRUG-RELATED ACTIVITIES.
BE IT OItDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1
Chapter 9.19 is hereby added to the Bakersfield
Municipal Code to read as follows:
CHAPTER 9.19
LOITERING FORD~UG'
Sections:
9.19.010 Purpose.
9.19.020 Definitions.
9.19.030 Acts prohibited.
9.19.040 Circumst~--es.
9.19.050 Enforcement.
9.19.060 Penalty.
9.19.010 Purpose.
Like many other communities across this nation, the City of
Bakersfield is experiencing an increase in the street sales of
marijuana, PCP, rock cocaine and other controlled substances as
defined in the Health and Safety Code of this state.
It is the intent of this ordinance to assist law enforcement
personnel of this city in abating the scourge of sales of
controlled substances. The City Council finds and determines
that the sale of controlled substances constitutes a continuing
public nuisance which adversely affects the public health, safety
and welfare, fuels fear among the cu, m~,unity and is a factor which
not only depreciates the value of property upon which such
activity occurs, but also depreciates the value of adjacent and
surrounding properties, and adversely affects the city's image,
business, development and housing costs.
The purpose of this ordinance is, therefore, to further
assist law enforcement to minimize the impact which drug sales
have on the city's quality of life, overall sense of feeling of
safety and security of its citizens, and economic stability. The
sale of controlled narcotic substances breeds criminal and gang-
related activities and breeds community discontent. This
ordinance will serve to mitigate these adverse effects by further
limiting the means by which drug sales can occur.
9.19.020 Definitions.
As used in this subdivision, "loiter" means to delay or
linger without a lawful purpose for being on the property and for
the purpose of committing a crime as opportunity may be
discovered.
9.19.030 Acts prohibited.
It is unlawful for. any person to loiter in, on or near any
thoroughfare or place open to the public or near any public or
private place in a manner and under circumstances manifesting the
purpose of engaging in drug-related activity defined as offenses
in chapters 6 and 6.5 of division 10 of the California Health and
Safety Code.
9.19.040 Circumstances.
Among circumstances that may be considered in determining
whether such purpose is manifested are that the person:
A. Is a known unlawful drug user, possessor, or seller.
For purposes of this chapter, a "known unlawful drug user,
possessor or seller" is a person who has, within the knowledge of
the arresting officer, been convicted in any court within this
state of any violation involving the use, possession or sale of
any of the substances referred to in chapters 6 and 6.5 of
division 10 of the California Health and Safety Code, or such
person has been convicted of any violation of any of the
provisions of said sections or substantially similar laws of any
political subdivision of this state or of any other state; or a
person who displays physical characteristics of drug intoxication
or usage, such as "needle tracks"; or a person who possesses
narcotic and/or drug paraphernalia. For purposes of this
chapter, "narcotic and/or drug paraphernalia" is defined as any
device, contrivance, instrument or apparatus designed or marketed
for the use for smoking or injecting, ingesting or consuming
marijuana, hashish, PCP or any controlled substance, as defined
in section 11364 and related provisions of the Health and Safety
Code of this state, including roach clips and cigarette papers
and rollers designed or marketed for the use for the smoking of
the foregoing;
B. Is currently subject to an order prohibiting his or her
presence in an high drug activity geographic area;
C. Behaves in 'such a manner as to raise a reasonable
suspicion that he dr she is about to engage in or is then engaged
in an unlawful drug activity, including, byway of example only
and not limited to, acting as a "look-out";
D. Is physically identified by the officer as a member of
a "gang" or association which has, as its purpose, illegal drug
activity;
E. Transfers small objects or packages for currency in a
furtive fashion;
F. Takes flight upon the appearance of.a police officer;
G. Tries to conceal himself or herself or any object which
reasonably could be involved in an unlawful drug-related
activity;
H. Is in an area that is known for unlawful drug use and
trafficking;
I. Is on or in premises that have been reported to law
enforcement as a place suspected of unlawful drug activity;
J. Is in or within six feet of any vehicles registered to
a known unlawful drug user, possessor, or seller, or a person for
whom there is an outstanding warrant for a crime involving drug-
related activity.
9.19.050 Enforcement.
Enforcement of this chapter shall be pursuant to the policy
statement dated February 3, 1994, issued by the Chief of Police,
as approved by the City Council in Council Resolution No.
, adopted on February __, 1994. A copy of said
resolution shall be ~ept on file in the office of the City Clerk.
9.19.060 Penalty.
A violation of any provision of this chapter is a
misdemeanor, punishable as set forth in the Penal Code of this
state.
SECTION 2
This Ordinance shall be posted in accordance with the
Bakersfield Municipal Code and shall become effective thirty (30)
days from and after the date of its passage.
o0o
I F~F~RRy CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on , by the
following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY K. SKOUSEN
ACTING CITY ATTORNEY of the City of Bakersfield
01/25/94
RESOLUTION NO.
A RESOLUTION ADOPTING THE
POLICE DEPARTMENT TRAINING OUTLINE
FOR DRUG LOITERING ORDINANCE
W~.REAS, legislation is currently pending before the Council
adding chapter 9.19 to the Bakersfield Municipal Code relating to
loitering for purposes of drug-related activities; and
WFRREAS, the Chief of the Bakersfield Police Department has
issued a policy s~atement setting forth the police officer
training outline for enforcement of said drug loitering
ordinance; and
WHEREAS, adoption of said training outline is necessary to
give full force and effect to the enforcement provisions of the
drug loitering ordinance;
NOW, TFu~~, BE IT RESOLVEDAS FO?3X~WS:
1. The above recitals are true and correct.
2. The Chief of the Police Department is directed to
undertake the instruction of police officers as fully set forth
in said officer training outline (attached as Exhibit "A") so as
to give full force and effect to the enforcement provisions of
the ordinance.
o0o
I HEREBY CERTIFY that the foreg°ing~Resolution was passed
and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on ,
by the following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED:
BOB PRICE
Mayor of the City of Bakersfield
APPROVED AS TO FORM:
JUDY K. SKOUSEN
Acting City Attorney of the
City of Bakersfield
01/19/94
EXHIBIT A
CITY OF BAKERSFIELD
DRUG LOITERING ORDINANCE
TRAINING O%FfLINE
FOUR HOURS OF INSTRUCTION
INTRODUCTION: By~ ordinance, the City Council of the City of
Bakersfield has added chapter 9.19 to the Bakersfield Municipal
Code. The chapter relates to loitering for purpose of drug-related
activities, making it a misdemeanor to loiter under certain
circumstances. Only officers who receive a four-hour block of
instruction relating to chapter 9.19 will be allowed to enforce its
provisions. The four-hour block of instruction will cover the
following:
I. Elements of Bakersfield Municipal Code sections 9.19.010
through 9.19.060.
A. Loitering.
1. To remain in an area without apparent purpose.for a
sustained period of time. A period of surveillance
is required to establish, that the subject is
loitering.
2. Citizen information may also be used to establish
how long the subject has been loitering at the
location.
B. Subject's conduct/circumstances establish probable cause
that the subject intends to engage in illegal drug
activity based on your training, experience, and
knowledge.
1. Subject is a knowndrug user, ~ossessor, or seller.
This is established through officer's observations,
personal knowledge, and by documents, such as RAP
sheets or court dockets.
2. Subject is currently prohibite~bycourtorderfr~m
being in highdru~activit~area. Officer may have
personal knowledge of the court order, but must
obtain actual court documentation for filing of the
case.
3. Suspicious behavior. Reasonable for the officer to
believe that the subject is about to engage in
unlawful drug activity, to include acting as a
lookout.
4. Gang members who associate for purpose of illeqal
drug activity. Personal knowledge by the officer
that part of the gang's activity is to engage in
_illegal drug activity, and the subject in question
is a known gang member.
Page 1 of 3 Pages
5. Dealing. Transfer of small object or packages for
currency in a furtive fashion.
6. Flight fr~mDolice. Subject takes flight upon the
appearance of a police officer.
7. Concealment. Subject attempts to conceal himself
or any object that could reasonably be involved in
unlawful drug activity.
8. Location. Subject is in an area that is known for
hnlawful drug use and trafficking.
9. Premises. Subject is on .or in premises that have
been reported to law enforcement as a place
suspected of unlawful drug activity.
10. Vehicles. Subject is in or within six feet of any
vehicle registered to a known unlawful drug user,
possessor, or seller, or a person for which there
is an outstanding warrant for a crime involving
drug-related activity.
II. Legal Background.
A. Laws which prohibit loitering for a specific illegal
purpose generally upheld as constitutional.
B. Loitering for purposes of prostitution, and loitering in
the area of toilets for lewd purposes are "mirror images"
of drug loitering law.
III. Enforcement Guidelines.
A. Use ordinance conservatively. When the violations occur,
Officers should initiate an investigation to determine
the extent of the violation. When in doubt, do not
arrest.
B. Drug loitering law is not to b~ used indiscriminately to
limit the access of persons to public or private areas.
C. Ideally, more than one oft he listed ci~cumst~ncesshould
be present for an arrest.
IV. Use and Application.
A. Not intended to be a "catch-all" ordinance. Don't
contact a subject with one intent and then fall back on
Drug Loitering Ordinance if the criteria does not exist.
B. Only Officers who receive training on the proper use o6
the ordinance may enforce this ordinance. Said
enforcement shall be completed in a courteous and
professional manner.
Page 2 of 3 Pages
Co Do not use this ordinance as a lesser included offense to
a felony drug charge; however, it may be cited as
probable cause if warranted.
D. Do not use to bolster a questionable arrest. Cases
involving the use of this ordinance must be able to
weather the test of court challenge.
V. Reporting.
A. Articulate the elements and conditions that surround the
Circumstances of the offense and arrest.
B. Incorporate in the arrest report the officer's expertise
--for example, schools attendecl, experience, training,
number of previous drug arrests and search warrants.
VI. Department Policy.
A. Explanation of purpose.
B. Procedure for implementation of the ordinance.
All arrests made under the provisions of the Ordinance are approved
by a supervisor who is also trained in the Ordinance.
DATE: February 3, 1994
S. E. BRUMMER
Chief of Police
Page 3 of 3 Pages
BAKERSFIELD
f:~fafa~[udy Sko, u~seManager Patricia M. Smith, Chair
andy, Cit~ n/~~Slater LynnPatriciaEdwards J' DeMond
AGENDA SUMMARY REPORT
LEGISLATIVE AND LITIGATION COMMITTEE
Monday, October 25, 1993
12:00 noon
City Manager's Conference Room
1. Loitering Ordinance for Purposes of Drug-Related Activities
2. Loitering Ordinance for Purposes of Prostitution
Staff will draft report to Council on Committee's review of and support for the
proposed ordinances and the need for community review prior to Council
consideration. Committee members provided staff with names of knowledgeable
community groups to contact for education of the public. City Attorney staff will
return to Committee with public and Council input by late December for final review
by Council in early 1994.
3. Legislative Platform
Changes reflecting an emphasis on city rather than local government were made to
distinguish between county and city governance. To be placed on Council agenda
for approval.
4. Request for English as an Official Language,
Committee reviewed available information; no further action needed.
5. Legislative Update
Staff reported requesting copies of Brown Act bills (SB 36, SB 1140, and AB City
Attorney's Office will review to determine their legal impacts upon the City.
Agenda Summary Report
Legislative and Litigation Committee
October 25, 1993
Page -2-
6. Set Next Meeting
To be determined.
In attendance: CoUncilmember Patricia M. Smith-Chair, Councilmember Patricia J.
DeMond, Councilmember Lynn Edwards, Alan Tandy, Trudy Slater, Judy Skousen, Michael
Allford, Bill Horton.
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