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HomeMy WebLinkAbout1993 BAKERSFIELD MEMORANDUM TO: ALAN TANDY, CITY MANAGER~//~///August 3, 1993 FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST II ~ SUBJECT: CABLE ACT EFFECTS During August and September a number of thingS are expected to occur in relation to the 1992 Cable Act. Per federal regulations, cable companies must meet with "local" broadcasters (and others) to work out acceptable terms for carrying their stations on cable. This is the "must carry vs. retransmission" issue. Negotiations must be complete no later than September 6, lg93, which essentially backs everything up a month for adequate publi.c notification of changes in cable 1 ine ups. This may upset some citizens, including those whose cable bills have gone up (however minimally) because of the increased franchise fees. Others who pay for cable may no longer receive the Los Angeles television stations. Local "low power" stations are another area which is still open for debate and may or may not be shown. Broadcast stations and cable companies are in the midst of negotiations and some parties have begun public campaigns to garner support for their perspective viewpoints. Councilmembers may receive some of the "fallout" from these "i~formation" battles through calls from upset or indignant City consumers. ~t is important to remember that federal regulations pre-empt other statutes when it comes to channels~that cable .companies will or will not carry. Bakersfield citizens may feel that the City should have more authority than it does in this Some citizens have called about increased franchise fees. In explaining the situation to them, I have stressed the fact that the franchise fees ar~ charged th:- cab. le companies to reimburse the City for use of the "public rights of way. Also, the 2% increase for both companies is the first franchise fee increase since the ~ranchises were granted to Cox in 1965 and to Warner in !978. (m0803931) BAKERSFIELD MEMORANDUM July 29, 1993 TO: PATRICIA SMITH, COUNCILMEMBER, WARD 3 CHAIR, LEGISLATIVE AND LITIGATION COMMITTEE TRUDY SLATER, ADMINISTRATIVE ANALYST II ~~ FROM: At the Citizens Parks and Recreation Committee meeting held on July 20, 1993, the Committee discussed its request for the City Council to look into granting commission status to the Citizens Parks and Recreation Committee. I relayed to the Committee that the issue had been referred to the Legislative and Litigation Committee and was scheduled to be placed on the agenda during one of the Legislative and Litigation Committee meetings in August. After discussion among its members, the Citizens Parks and Recreation Committee decided that further information is needed at its level before the Council Legislative and Litigation Committee addresses the issue. Thus, support staff for the Citizens Parks and Recreation Committee was directed to provide the Citizens Committee with more information before the Council Committee reviews the request. This Citizens Committee action delays any Legislative and Litigation Committee action needed until further information and input is received from the Citizens Parks and Recreation Committee clarifying what that committee is seeking. Mary Sawyer, Chair of the Citizens Parks and Recreation Committee, indicated she would like to be at~'the Legislative and Litigation Committee meeting when the issue is discussed. I told her I would inform you as chair of the Legislative and Litigation Committee.,' This memo will serve to remove the Citizens Parks and Recreation Committee request from the Legislative and Litigation Committee's agenda until further information is received from them. (m0726931) cc: Mary Sawyer, Chair, Citizens Parks and Recreation Committee Alan Tandy, City Manager Lee Andersen, Community Services Frank Fabbri, Parks Jim Ledoux, Recreation Larry Lunardini, City Attorney BAKERSFIELD MEMORANDUM July 29, 1993 TO: PATRICIA SMITH, COUNCILMEMBER, WARD 3 CHAIR, LEGISLATIVE AND LITIGATION COMMITTEE FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST II ~,~ SUBJECT: COUNCIL REFERRAL #11827 {MARY SAWYER) At the Citizens Parks and Recreation Committee meeting held on July 20, 1993, the Committee discussed its request for the City Council to look into granting commission status to the Citizens Parks and Recreation Committee. I relayed to the Committee that the issue had been referred to the Legislative and Litigation Committee and was scheduled to be placed on the agenda during one of the Legislative and Litigation Committee meetings in August. After discussion among its members, the Citizens Parks and Recreation Con~nittee decided that further information is needed at its level before the Council Legislative and Litigation Committee addresses the issue. Thus, support staff for the Citizens Parks and Recreation Committee was directed to provide the Citizens Committee with more information before the Council Committee reviews the request. This Citizens Committee action delays any Legislative and Litigation Committee action needed until further information and input is received from the Citizens Parks and Recreation Committee clarifying what that committee is seeking. Mary Sawyer, Chair of the Citizens Parks and Recreation Committee., indicated she would like to be at'the Legislative and Litigation Committee meeting when the issue is discussed. I told her I would inform you as chair of the Legislative and Litigation Committee,' This memo will serve to remove the Citizens Parks and Recreation Committee request from the Legislative and Litigation Committee's agenda until further information is received from them. (m0726931) cc: Mary Sawyer, Chair, Citizens Parks and Recreation Committee Alan Tandy, City Manager Lee Andersen, Community Services Frank Fabbri, Parks Jim Ledoux, Recreation Larry Lunardini, City Attorney VTC.E MAYOR REFERRAL (PROPOSED ORDINANCES ONLY) DATE OF REFERRAL: July 13, 1993 'REFERRED TO: LEGISLATIVE AND LITIGATION COMMITTEE LARRY LUNARDINI, CITY ATTORNEY ~ (INFORMATION COPY: TRUDY SLATER) ITEM: AN ORDINANCE AMENDING SUBSECTION D. OF SECTION 2.04.150 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO COUNCIL MEETINGS (ORDINANCES). ITEM: Subsection D. is being amended to add the words "except Emergency OrdinanCes as set forth in Sections 23 and 24 of the Charter" and "Public Hearings." This language was added to make the ordinance consistent with the Charter, which permits emergency ordinances to be amended immediately. Moreover, it allows ordinances to be placed on the agenda under the heading "Public Hearings" rather than "New Business" when hearings are required. BACKUP MATERIAL' ATTACHED: Yes STATUS: TO COUNCIL COMMITTEE ON SENT TO COUNCIL ON PUBLIC HEARING ON ORDINANCE ADOPTED (DATE) PROPOSED ORDINANCE CANCELED (DATE) OTHER PLEASE RETURN TO JEAN IN THE CITY MANAGER'S OFFICE WHEN COMPLETED. cc: Honorable Mayor and city Council City Manager City Attorney city Clerk REFER93.3 MEMORANDUM June 16, 1993 TO: VICE MAYOR KEVIN McDERMOTT FROM: LAURA C. MARINO, Assistant City Attorney' SUBJECT: AN ORDINANCE AMENDING SUBSECTION D. OF SECTION 2.04.150 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO COUNCIL MEETINGS (ORDINANCES). Please refer the following proposed ordinance to which- ever committee you deem appropriate: 2.04.150 Ordinances, resolutions, motions and contracts. Background: Subsection D. of this section is being amended to add the words "except Emergency Ordinances as set forth in  Sections 23 and 24 of the Charter" and "Public Hearings." This language was added to make the ordinance consistent with the Charter, which permits emergency ordinances to be amended immediately. Moreover, it allows ordinances " to be placed on the agenda under the heading "Public '"'"'/'- Hearings" rather than "New Business" when hearings are · -~.. required. ,>,:-.~..7' / LCM/meg OW-REFERRAL\ lS~EAD0.~ Attachment cc: Alan Tandy, City Manager Carol Wiiliams, City Clerk ORDINANCE NO. AN ORDINANCE AMENDING SUBSECTION D OF SECTION '2.04 .'150 OF THE BAKERSFIELD MUNICIPAL CODE ~.?.%TING TO COUNCIL MEETINGS (ORDINANCES). BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Subsection D of the Bakersfield Municipal Code is hereby amended to read as follows: 2.04.150 Ordinances, resolutions, motions and contracts. D. Ail ordinances, except EmergencY Ordinances as set forth in Sections 23 and 24 of the Charter, shall be placed on a city council agenda as "New Business" or "Public Hearings" for first reading at least, one week prior to adoption, and shall not require reading nor other action. Ordinances may be altered by council action or staff recommendation between said initial publication and adoption. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. o0o CITY OF BAKERSFIELD CITY A'VrORNEY OFFICE OF THE CITY A'UrORNEY PH. 805-326-3721 LAWRENCE M. LUNARDIN1 FAX 805-325-9162 1501 TRUXTUN AVENUE CHIEF ASSISTANT CITY AI-FORNEY BAKERSFIELD, CA 93301 DEPUTY CITY AITORNEYS JUDY K. SKOUSEN ALLEN M. SHAW WALTER H. PORR. JR ASSISTANT CITY A'I-rOR~N'EYS July 7, ] 993 MICHAEL G. ALLFORD ROBERT M. SHERI:Y ALAN D. DANIEL ADMINISTRATOR LOUISE T. CLOTS FRANCES E. THOMPSON JOHN D. CLOTS LAUIL& C. MARINO Hon. Bob Bartlett, Mayor City of Monrovia 415 S. IvBr Avenue Monrovia, CA 91016 Hon. Bob Bartlett, Mayor c/o Viking Freight 3200 Workman Mill Road Whiltier, CA 90601-1550 Mr. Joe Santoro Chief of Police Monrovia Police Department 140 E. l,ime Avenue. Monrovia, CA 91016 Re: Drug Loitering Ordinance/Law Enforcement Issues Gentlemen: This letter shall serve to confirm that you have graciously agreed to attend three meetings in the City of Bakersfield on Wednesday, August 4, 1993, to di.~cuss your experiences {~egardJ_ng the City of Monrovia's drug loitering ordinance and related law enforcement issues. By way Of confirmation, the meetings are presently scheduled as follows: 1. Police Liaison Committee 11:00 a.m. - 12 noon Bakersfield Police Department 1601 Truxtun Avenue, Bakersfield Hon. Bob Bartlett, Mayor Mr. Joe Santoro, Chief of Police City of Monrovia Re: Drug Loitering/Law Enforcement Issues July 7, 1993 2. Bakersfield City Council, Legislation and Litigation Committee Noon to approximately 1:30 p.m. (Lunch will be provided) City Manager's Office 1501 Truxtun Avenue, 2nd Floor 3.~ Bakersfield Senior Center (Hosted by Councilmember Lynn Edwards) 1: 30 to approximately 3: 00 p.m. 530 Fourth Street, Bakersfield On behalf of the citizens of the City of Bakersfield, I wish to express our sincere appreciation and gratitude for your cooperation in this regard. Very truly yours, MICHAEL G. AI.I.FORD Deputy City Attorney cc: Hon. Bob Price, Mayor Patricia M. Smith, Counci]member, Chair--Legislation and Litigation Committee Patricia.J. DeMond, Councilmember Lynn Edwards, Counci]member Alan E. Tandy, City. Manager S. E. Brummer, Chief of Police John Stinson, Assistant City Manager MGA : g~ L E~'I~ ~iROVlA. M~R Maril~n & Bruce Curtis /~437 Ming Avenue Bakersfield, CA 93309 BAKERSFIELD Patricia M. Smith, Chair Patricia J. DeMond Lynn Edwards staff: · Tmdy Slater Larry Lunardini AGENDA LEGISLATIVE AND LITIGATION COMMITTEE Wednesday, August 4, 1993 12:00 noon City Manager's Conference Room Special Guests: Mayor Bob Price Mayor Bob Bartlett, City of Monrovia Police Chief Joe Santoro, City of Monrovia 1. Drug. Loitering Ordinance/Law Enforcement Issues 2. Set Next Meeting ORDINANCE NO. AN ORDINANCE A~DING ~ 9.19 OF THE BAKERSFI~.~ M~/CIPAL CODE OF DR~G-~TED ACTIVITIES. . BE IT O~ 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: CHAFFER 9.19 LOITER/_NG FOR D~I~G ACTIVITIES Sections: 9.19.010 Put. se. 9.19.020 Definitions. 9.19.030 Acts proh~h4ted. 9.19. 040 Circums~_~ces. 9.19. 050 Enforcement. 9.19.060 Penalty. 9.19.010 Purpose. Like many other co ...... m~ties across this nation, the City of Bakersfield is experiencing an increase in the street sales' of. ---~"'-- PCP, rock cocaine and other controlled, subs~es 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 Coun~l finds and. determines' ~h~t ~h~_ sale of controlled subs~neee cons~itu~.s a contJum/n~ public nuisance which adversely affects ~- public health, safety and welfare, fuels fear among the community and is. a factor which not only depreciates the value of property upon which such ac=ivity occurs, bu= also depreciates the Value of adjacent and surroumt/n~ properties, and adversely affects the city's imag~, business, develops, n= and housing costs. The purpose of this ordinance, is, therefore, to further assist law enforcement to. ~n~m~ ze the .impa~t which dru~. sales have on t. he city's quali~y of life, overall sense of feelin~ of safety ami security of its citizens, ~,~ ecsc s~ability. The sale of controlled narcotic subst~nces breeds criminal ami ~an~- related activities ami breeds Community discontent. ~ ordinance w~12 serve to m~tigate these adverse effects by f~ ~ lhn~t~ng the means by which drug sales c~ occur. ' 9,19. 020 Definitions. As used in this subdivision, "loiter'' me_-~-= to delay or linger without a lawful purpose for beinq on the proper~ and for the purpose of c~tt/nq a crhne as opport~ maF be .. discovered. 9.19.030 Acts prohibited. It is unlawfUl for any person to loiter in, on or near 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 ~n]~wful drug user, possessor, or seller.' For purposes of this chapter, a "known u~lawful drug user, POssessor or seller" is a person who has, within ~-. kn~e~ of the arresting officer, been convicted in any cour~ wi~h~ this state of any violation involving ~he use, possession or sale of any of the substances, referred to in chapters. 6 ~-~ 6.5 of division 10 of the California Health and Safet~ Code, or such person has been convicted of any violatiun of anF of provisions of said sections or subs~_~-~ially s/milar laws of anF POlitical subdivision of this sta~e or of. any other sta~e~ .or a person who displays physical characteristics of dru~. or usage, such as ,needle tracks"; or a person who narco~/c ~-d/or drug paraphernalia~ For pttt~e~ of th/a chapter, "narco=lc and/or'.dru~ paraphernalia" is defined.~as anF. device, contrivance, instrument or apparatus, des~. or marketed. for the use for smokin~ or injecting, i~qes~t~q or ~arij~s-~, hashish, PCP or any con~rolled suhs~-~-~, as in section 11364 and related provisions' of the Health and Safet~ Code of this state, i~cludi~g roach clips. ~r~ cigarette, papers and rollers designed or marketed for the use for the Smok/nq. of the foregoinq ~ 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 suspicion that he or she is about to engage in or is then' engaged in an unlawful drug activity, including, by way of example only a~d not 1/mired to, acting as a "look-out";. D. Is physically identified by. the officer as a member of a "gang" or associationwhich 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 ~Rnforcement. Enforcement of this chapter shall be pursuant to the policy statement dated , 1993, issued by the Chief of Police, as approved by the City Council in Counci~ Resolution No. , adopted on , 1993. A copy of said resolution shall be kept 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 accora~ce with the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. O00- I ~Y 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: .LAWl~.ENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield 4/30/93 4 CITY OF BAKERSFIELD DRUG LOITERING. ORDINANCE. TRAINING OUTLINE FOUR HOURS OF INSTRUCTION II~rRODUCTION: 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 A. Loitering. 1. To remain in an area without apparent purpose for a sustained period of time. A period of surveillance isrequired 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. Subiect is a known druq user, possessor, or seller. This is established through officer's observations, 'persona knowledge, and by documents, such as RAP sheets or court dockets.. 2. Subiect is currently prohibited by court order from beinc~ in hiqh druq activity 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. ~=_n.cl members who associate, for purpos® of Illegal drucl activity. Personal knowledge by. the officer that part of the g.ang's activity is to engage in illegal drug activity, and the subject in' question is a known gang member: 5. Dea_~.~JjB. g. Transfer of small object or packages.' for currency .in a furtive fashion. 6. Riqht from Police. Subject takes flightupon the appearance of a police officer. 7. Concealment. Subject attempts to conceal himself or any object that could reasonably be involved in unlawful drug 8. Location. Subject is in an area that is known for unlawful drug' use and trafficking. 9. Premises. Subject is on or in Premises 'that have bccn 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 cdme involving drug-related activity. II. Legal Background. A.' Laws which prohibit loitering for a specific ille!:lal 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 be used indiscriminately .to limit the access of persons to pUblic or private areas. 2 ,. C. .Ideally more than one of the listed circumstances should be present ~ for an arrest. IV. Use and Application. A. Not intended to be a "catch ail" ordinance. Don't contact a subject with one intent and then fall back on Drug Loitering Ordinance if the criteda does not exist. B. Only Officers who receive training on the proper use of the ordinance may enforce this ordinance. Said enforcement shail be completed in a courteous and professionai manner. C. Do not use this ordinance as a lessor 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 chailenge. 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.attended, 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 aiso trained in the ordinance.