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Home My WebLink About04/14/1997 B A'K E R S F IEL D Randy Rowles, Chair Irma Carson Kevin McDermott Staff: Dolores Teubner AGENDA BUDGET AND FINANCE COMMITTEE Monday, April 14, 1997 12:15 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF MARCH 10, 1997 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. POLICY ON INSTALLATION OF CURB AND GUTTER - Rojas 6. NEW BUSINESS A. SOUTHEAST BAKERSFIELD CRIME PREVENTION AND ENFORCEMENT PROGRAM - Brummer 7. ADJOURNMENT DBT:jp FILE COPY DRAFT BAKERSFIELD Ala~rt~Ta~tdy,~/~/City i~'anager ~~~-~ Irma Carson Randy Rowles, Chair Staff: Dolores Teub Kevin McDermott AGENDA SUMMARY REPORT BUDGET AND FINANCE COMMITTEE Monday, March 10, 1997 12:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order at 12:30 p.m. Present: Councilmembers: Randy Rowles, Chair; Irma Carson; and Kevin McDermott 2. APPROVAL OF THE FEBRUARY 3, 1997 MINUTES Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS None AGENDA SUMMARY REPORT BUDGET AND FINANCE COMMITTEE Monday, March 10, 1997 Page -2- 6. NEW BUSINESS A. POLICY ON INSTALLATION OF CURB AND GUTTER The City has not been recovering the associated administrative costs on the tax rolls for curb and gutter construction requested by residents. Staff proposed that the City begin charging an 8% administrative fee to cover the costs of design and administration. The Committee questioned potential revenue generation and the impact the charge would have. Staff will conduct more research including contacting other cities and present a revised proposal at the next Committee meeting. B. REQUEST FOR ASSISTANCE FROM KERN-TECH Kern-Tech is a tool and die fabricator which started in Bakersfield in 1995 and serves customers primarily in the aerospace industry. Kern-Tech is proposing to add 18 new jobs within a 48-month period. The Committee was in favor of the proposed economic development assistance and commended the company for its commitment to fully repay the $170,000 interest free loan over a 5-year period. The Committee recommended City Council approval. C. PROPOSED FY 1997-98 CDBG/HOME CONSOLIDATED PLAN Staff presented written information, which is attached, on the proposed FY 97-98 Consolidated Plan which details the projects recommended for funding from CDBG, HOME and ESG Funds. Several agency representatives spoke on behalf of their proposals. The Committee recommended City Council approval for the CDBG and ESG funding proposal and recommended, with Councilmember Rowles abstaining due to a conflict of interest, the funding proposal for HOME funds. Staff will also forward to Council a CDBG amendment in the amount of $340,000. 7. ADJOURNMENT The meeting was adjourned at 1:30 p.m. cc: Honorable Mayor and City Council DBT:jp MEMORANDUM April 11, 1997 TO: BUDGET AND FINANCE COMMITTEE RANDY ROWLES, Chair IRMA CARSON KEVIN MCDERMOTT FROM: JUDY K. SKOUSEN, City Attorney "~ CARL HERNANDEZ III, Deputy City Attorney SUBJECT: Aneese Market and Gang Control in South East Bakersfield Handling the Aneese Market Issue As we discussed with the Police Department, we will meet with the owners of the market to discuss with them our intent to file a lawsuit to respond to Council concerns of criminal activity generated on the market premises. This meeting will assess the owner's willingness to work with us in solving the problem. The owner will need to stipulate to a judgment which requires that no loitering, gang-related criminal activity, narcotics, drinking of alcoholic beverages in public, or other criminal activity will occur on the premises. Based on information available to us at this time, the City's lawsuit to abate the public nuisance will be brought under one or more of the following: 1. The Red Light Abatement Law (Allows for the closure of any place or building used for the purpose of gambling.) 2. The Drug Abatement Act (Permits the closure of any place or building used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance or any place where those acts take place.) 3. The Street Terrorism Enforcement and Protection Act (Allows for the closure of any place or building used for criminal gang conduct.) THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED BY THE ATTORNEY/CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES. BUDGET AND FINANCE COMMITTEE April 11, 1997 Page 2 In connection with the potential lawsuit, we have noted that the criminal activity also occurs on the public sidewalks. I have drafted an ordinance which allows the City Council, after a noticed public hearing, to close, or restrict access to, public sidewalks due to criminal activity. Limited lawful activities such as going to and from residences and businesses, and first amendment activities may still occur on closed or restricted sidewalks. A copy of the ordinance is attached to this memo for your review. The Gang Control Issue I have been in contact with the City of San Jose regarding'their successful campaign against gangs that have attempted to take over apartment buildings, houses, sidewalks and streets. The City of San Jose successfully argued before the California Supreme Court that criminal gang activity is a public nuisance which can be abated. A court injunction prohibits gangs from a number of activities associated with criminal gang conduct. In my discussions with the San Jose City Attorney's office, I was told that a great amount of background work by the police is necessary to gather information to file this type of suit. The City of San Jose is sending us a packet of information which we can begin to use in building cases against criminal gang activity in the City. The proposed sidewalk ordinance, along with state law which permits the City to close streets due to criminal activity, will allow us to combat the gang problem from an abatement viewpoint. Finally, as we also discussed this day, the combined efforts of City departments such as our office, the Police Department, the Building Department, Parks and Recreation, Public Works and Economic and Community Development to combat gangs through community based police programs, code enforcement, recreational programs, and improved development in the area, will assist City efforts at gang control. If you need any other information, please let me know. JKS:CH:cj Attachment S:\COUNCIL~MEMOS~JKS-GANG.MMO THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED BY THE ATTORNEY/CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES. ORDINANCE NO. AN ORDINANCE ADDING CHAPTER 9.80 TO THE BAKERSFIELD MUNICIPAL CODE PERMITTING THE TEMPORARY CLOSURE OF, OR RESTRICTED ACCESS TO, PUBLIC SIDEWALKS DUE TO CRIMINAL ACTIVITY. WHEREAS, the City Council of the City of Bakersfield has. determi~ that there has been an increase in the use of public sidewalks for criminal a~!i:..t..y j:~i~ding drinking alcoholic beverages on public property, possessing we..a.:.p..:.gns ca..:~i~iii~inflicting serious bodily injury, engaging in fighting, committing acts.~l~ffiti,'=':8~i~., intimidatin.g..i., annoying, harassing, threatening, challenging, p~king, a~~ii~r batte[?~ neighborhood residents or patrons of businesse~iiiiii!~pproa~ii~'g ve~ii~!i:.e..,.t..b..,e..:~i'Se communicating with occupants of vehicles so as ii~iiii~..ela~iiii~:~ free flo~i!ii~ii~i~f~r or pedestrian traffic, causing, encouraging, or participa~i~iii~i!~ use, possessi'~ili~i~)or sale of narcotics, littering, urinating or defecating on puC'i:i¢¢i~.aJks; and WHEREAS, the City Council determines t¢~ii¢i;~~ii~!,..osure of, or restricted access to, public sidewalks due to such illega.L:~.t.:...s:.' is ne(~:~ili~?:ip....romote the health, safety and general welfare of the citiz.9.~iiii!i~iiiiii!i~ City ":~!i!iii~rsfield, residential homeowners and businesses adjacent t~i!i¢~:'~ii~ii~!i~i....d...ewalk~!iii NOW, THEREFORE, BE IT O....'~lNE~i~iii~ ~i~ ~"NClL OF THE CITY OF BAKERSFIELD AS FOLLOWS: ::iii?' Chapter 9.80 is he,[~b~iiiii~'ded to.,?~i~i~::Bak..e..~i;Id Municipal Code as follows: '::"~i~ii~?~B,~unCif::::ii~~A....ed to temporarily close, or restrict access to, any public sidewalk ¢~ii~i!~i~;~..ity wl~:~(~i!i~!.t..."iii~.s the findings required under this Chapter. Section 9.80.,~ ~~ure?iiiiiiiiii i? t,e temporarily closing, or restricting access .:~::!!!!!i!!iiii~::: A. Public ~A~i~ig Required. ;iii!ii!iiiiili!i!ii~: Before any ~lic sidewalk can be closed, or access restricted thereto, due to public hearing required under Counc, she, ho d a no , d III -- Page 1 of 4 Pages -- B. Notice of Hearing. Notice of the hearing of the City's intent to temporarily close, or restrict access to, a public sidewalk shall be mailed or delivered at least 10 days prior to the hearing to all owners of the real property adjacent to the public sidewalk proposed to be temporarily closed or restricted as is shown on the latest equalized assessment roll. C. Publication of Notice. .~ .... ~i======i====ii~~ Notice of the City's intent to temporarily closeit~=, or res..t.-'~i=iiii~s to, a public sidewalk shall be published in at least one newspaper ~ii~eral'=~i~:.~ii~ii~.~ within the at least 10 days prior to the hearing. .~ii~!i!ii!i::i~:' ..::~:~ii~!i!i!iiiiiiiiiiiiiiiii!i!i?~iiiiiiiiiiiiiiiiiiii:~iii::::~ ....... D. Posting of Notice. ~i ii ..... ~i::iiiiiiiiiiii!!!! ........ ~!!ii~ii!i iiii~iii::?:i::::::::iiiiii~?:::~ .... Notice of the City"s intent to temporarily i~?~i:"restrict acce~iiiii~?iii~::" public sidewalk shall be posted at least 10 days prior to the :~~::.at least three public places within the City including one public place in the directly affected by the tempora~ closure or restriction. ':~? ....... ~::~ ~ .... The City may temporarily close,..::~:~ ~~:~.o, a~:~lic sidewalk under the conditions stated herein when all of t~:?~Ollowi~"~~e found to exist: 1. The City find~.~d det,~'ines t~::~[~'~e are serious and continual criminal activity in the potion of..:[~ublic.:~i~:'ewalk [~mmended for tempora~ closure. This finding and determinatiq~'all be~sed u~:'the recommendation of the Police .:~::~ ~. P.~~ traffic~?~'blic sidewalk contributes to the criminal ..... ~ ~[~[be cl~ ~ ~i~ed a~ess will not substantially adversely effect pedestrian tra~~y in th~::~nding neighborhoods, the operation of emergency vehicles,..,~?:~~~B~, mu~i~'pal or public utility se~ices, or the delive~ of freight by co~'~cial veh~i~~n area adjacent to the public sidewalk proposed to be c,osed .~[~[:~ F. Tempo~:.~ '~losure or Restricted Access. .~ ~ ~. A public sid~i'k may be temporarily closed, or a~ss restricted thereto, under this ~~..for not..,~::'than 18 months, ex, pt that this period may be e~ended for not more ~~!~'l consecutive periods of not more than 18 months each if, prior to each 0~~'ions, the City Council holds a public hearing in the manner set fo~h in this Chapter and by resolution finds that all of the following conditions exist: 1. Continuation of the tempora~ closure or restricted access will assist in preventing the occurrence or recurrence of the serious and continued criminal activity found to exist when the immediately proceeding tempora~ closure or restricted access was authorized. This finding and dete~ination shall be based upon the recommendation of the Police Depa~ment. -- Page 2 of 4 Pages -- 2. Pedestrian traffic on the sidewalk contributes to the criminal activity. 3. The immediately proceeding closure or restricted access has not substantially adversely affected pedestrian traffic or safety in the surrounding neighborhoods, the operation of emergency vehicles, the performance of municipal or public utility services, or the delivery of freight by commercial vehicles to an area adjacent to the public sidewalk that was temporarily closed or restricted. ' F. Posting of Notice. .:~iiiiiiii~iiiiiii!~ ........ ~iiiii?!iiii~ .... City staff shall post the sidewalks as being te~¢8~rily d~i~ ~i;.r;...e. str cted durir~g the time period allowed in Section 8.80.020(e). .:~iii¢iiii¢:::;~ ...... ..::~i¢iiii¢i;ii!i¢i¢¢i¢ii¢iiiiiiiiiii~iiiiiiiiiiiii~ ...... Section 9.80.030 Activity Not Prohibited. iiiill!i¢ .... ~;ii;i¢¢ ........ %iili ~iiiiiiiiiii,:i~i~i~i~iiiii;iiiiiiiiiii? .... The purpose of this Chapter is to tempor ii ili ! ii or restrict a~iiiiii~:" pub c sidewalks where pedestrian traffic contributes to cri~ii~iiii~.~...v.,.ity. The fo owing act v t es shall not be prohibited: ~iiiii?~iliiiii~ii!i!iiiiiiiiiiiiiiiiiiiiiiiiiiiiii!~ .... A. Entering the public sidew...~iii:~ witi?iii!i~ii ~ose and ntent of immediately going to or exiting from any busiQ~i~identi~:~iii~iiii~:mediately adjacent to the tempo a ,y c osed p b,c .... .... B. By continuance .:~me~?~~~gh, or othe~ise moving through, the temporarily closed or re~ted p~i~ sid~~::'shall be a violat on, subject to misdemeanor citation, to idle, I~i~?~r Ioa~on any~ sidewa k temporarily c osed or restricted under this Chapte~~::::~[~;:'' ..:~? ..:~? C. The ,t~a~ cl~R.:....~'public sidewalk sha not app y to, inte~ere ..~::.0r inhibi~;;~ercise ~~utionally protected right of freedom of speech:~;~~::.(but d~{~~:to) pea:~¥~pressions of political or religious opinion. This O.[~~~11 be::~[~:~ ac~rdance with the provisions of the Bakersfie d Municipal...~~i~j~beco~:~ffective thi~y (30) days from and after the passage. ..... ooo00ooo ..... Page 3 of 4 Pages I HEREBY 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 Council of the Cit~i~llBaker~iiii~iiiiiiii~ .... . ......... MAYOR of the City of Bakersfiel.~ii? .... ..:?~ ...... ~iiii!iiiiiiiiiiiiiii .,~i?'~3UDY K. SKOd~i?? .... ::iiiiiiiiiiiiiiii:' City Attorney .iiii?~i~? ''~::' CH:cj S:~COUNC/L~ORD~SIDEWALK.ORD--April 11, 1997 Page 4 of 4 Pages BAKERSFIELD POLICE April 14, 1997 To: S.E. Brummer, Chief of Police From: N. Mahan, Captain, Operations Division Subject: Anti Gang Violence Proposal, Districts Three and Nine Districts three and nine (primarily Ward 1) continue to experience high levels of gang activity, noticeably, drive by shootings, drug trafficking, and gang members congregating. The following recommendations are intended to be holistic and multifaceted. Our goal is tO significantly reduce the gang related problems in these neighborhoods. 1. Gather statistical crime information for Ward 1 to be used as a measure of the anti gang enforcement efforts. Prepare and administer a survey instrument designed to measure perceptions of safety/security in the neighborhoods. 2. Utilize a tactical enforcement strategy coordinated by the Special Operations Bureau (Gang Unit). This strategy will utilize both saturation patrol and directed enforcement. Overtime costs have been estimated at ~ $134,169 for a 16 week program, May through August. 3. Increase the Community Oriented Policing and Problem Solving (COPPS) unit by two officers for the same 16 weeks. The cost will be ~ $44,684. These two officers will concentrate their efforts on quality of life concerns, such as abandoned vehicles, public nuisance apartment complexes and businesses, prostitution, etc. Anti Gang Violence Proposal April 14, 1997 By Captain N. Mahan, Operations Division 4. Improve the "trust" and "involvement" of neighborhoods with the Police Department in the crime prevention mission. Establish an "Anti-Gang Hotline" that allows community members to pass on information to the police immediately and with anonymity. Schedule three community meetings in the neighborhoods with all officers and crime prevention specialists working those beats. "Knowing" the officers is critical in establishing trust and involvement, ~ cost $3,350. 5. Increase the Crime Prevention Units im)olvement in Ward 1 through the Neighbor- · hood Watch Program. Utilize the Police Activities League (PAL) as an alternative to hanging out on the streets. PAL efforts to date have been concentrated in the Lakeview Avenue area. Explore the costs associated with a PAL center in Lowell Park. This proposal is a sixteen week strategy. Should our efforts prove successful by the measurements used, permanent staffing of the two additional COPPS officers may be warranted. Community input regarding this strategy may also warrant dhanges. N. Mahan, Captain Operations Division t BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Budget & Finance Committee FROM.~,~ Raul M. Rojas, Public Works Director DATE: April 10, 1997 SUBJECT: CITY COUNCIL REFERRAL I'["F0012718/001 Administrative Fee for Curb and Gutter Assessments As you are aware, occasionally a member of the public requests that the City install curb and gutter for them and that the cost of this improvement be place on their tax roll. With the exception of a City-sponsored project, we have received no more than two of these requests per year. For a typical residence, the installation of curb and gutter costs approximately $1600.00. Assuming a maximum of 3 of these events per year, the total administrative charge to be collected annually would be as follows: 3 events x $1600.00/event x 8% administrative cost = $384.00/annually If the City allowed the improvement cost to be paid over a period of two or three years, the administrative cost would decrease accordingly. M:EMEMOS\COUNCIL.REb'~ 12718_2. WPD ~:mps xc: 1~ File Proj~t File Jacques R. La Rochellc Mnrian P. Shaw