HomeMy WebLinkAbout9/14/2007 •
B A h E R S F I E L D
CITY MANAGER'S OFFICE
MEMORANDUM
September 14, 2007
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
SUBJECT: General Information
1. The celebration for the groundbreaking to start construction on the SR-178/Fairfax Road
Interchange went very well today. This is the first project to start construction under the Thomas
Roads Improvement Program. Construction is expected to begin in early October 2007 and will
take approximately two years to complete. Dignitaries that were present at the groundbreaking
were: Congressman Kevin McCarthy, the Honorable William M. Thomas, Assemblymember
Jean Fuller, Caltrans District 6 Director Malcolm Dougherty, Mayor Harvey L. Hall, Supervisors
Mike Maggard and Jon McQuiston, and Councilmembers Ken Weir, Jacquie Sullivan, Zack
Scrivner and Sue Benham.
2. As a reminder, the joint City/County meeting takes place on Monday, September 17th at 5:30
p.m. at the Board of Supervisor's Chambers.
3. As of today, Fire Station No. 5 is 47% complete. Enclosed is a picture of the station. The
station's underground, block, structural steel, framing, HVAC, electrical system, and plumbing
are substantially complete. The contractor is now working on installing the roofing system and
will begin gypsum board installation and finish work inside the building in about one week. Also,
site work is approximately 70% complete. The estimated date of completion is mid-January
2008.
4. A report from Dianne Hoover is attached with the pool attendance statistics for the 2007
summer season. The numbers reflect about a 55% increase in overall pool attendance,
some of which we would attribute to revised swim lessons, more special events and pool
rentals. Positive publicity and favorable weather also helped boost attendance at all
pools.
5. The Peter Frampton/Doobie Brothers concert was successful with over 2,500 in attendance.
6. Please put the Fall Festival on your calendars: October 27" and 28th at the Park at River Walk.
It promises to be a great way to celebrate the many things that the City of Bakersfield has to
offer, including arts and crafts, harvest time fruits and vegetables, entertainment for all ages and
non-profit agency displays.
7. The Streets Division work schedule for the week of September 17" is enclosed.
Honorable Mayor and City Council
September 14, 2007
Page 2
8. Council requests are enclosed, as follows:
Councilmember Carson
• Information regarding group homes in residential areas;
• Drainage problem at 519 Haley St; and,
Councilmember Benham
• Home occupancy regulations in the area of 3649 Hosking Ave
AT:rs:rk
cc: Department Heads
Pamela McCarthy, City Clerk
Roberta Gafford, Assistant City Clerk
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B A K E R S F I E L D
Department of Recreation and Parks
DATE: September 13, 2007
TO: Alan Tandy, City Manager
FROM: Diarfrie Hoover, Recreation & Parks Director
RE: 2007 Summer Season Aquatics Report
The highly successful 2007 summer pool season is now complete, and the final numbers
of users and revenue are summarized.
Attendance
The summer of 2007 was a banner season for city pool attendance with a total of 90,986
guests. Last summer season, attendance was 58,616 for all pools; an increase of 32,370.
This 55% increase is due to revised swim lessons, more special events and pool rentals.
The positive publicity and favorable weather helped boost attendance at all pools.
Every city pool in regular operation has increased in attendance:
Pool % Increase
Jefferson Pool 32%
Dr. Martin Luther King, Jr. Pool 170%
McMurtrey Pool 61%
Planz Pool 45%
Siemon Pool 50%
Silver Creek Pool 41%
* Jastro Pool was only open for four weeks and did not have an attendance increase.
Revenue
Along with the dramatic increase in total attendance, total revenue increased by 26%. Last
summer, revenue totaled $213,102; this summer revenue totaled $268,565, for an
increase of $55,463.
While the revenue did not show as big an increase, there were many other factors
involved.
• Swim lesson fees were lowered at all city pools as part or our revised swim lesson
program.
• Admission fees were reduced at Dr. Martin Luther King, Jr. Pool
• Free swim lessons were offered to children ages 0 to 5 at Dr. Martin Luther King, Jr.
Pool as part of a grant from First 5 Kern.
• The Discount Swim Pass program, which reduces the recreational swimming fee at
all city pools for families meeting HUD income guidelines, was expanded this year.
Over 1 ,200 Discount Swim Passes were distributed.
Overall Successes
Aquatics staff has done an excellent job this summer in teaching classes and encouraging
more open swim times. Some summer events included Free Swim Day, Float-In-Movie,
Extreme Teen Nights and Family Fun Nights. Each of these events brought in new visitors
to the pool which may have not previously attended. The popularity of the 100 Mile Club at
McMurtrey Aquatic Center has kept lap swimmers coming back each day to record their
miles.
The publicity for the McMurtrey Aquatic Center this past year has been very positive and
continues to generate more interest in rentals, swim team usage and further special
events. It is our goal to continue to offer the facility as a year-round destination for healthy
activities.
Attached Charts
The attached charts provide visuals on attendance and revenues by pool for the 2005
through 2007 summer seasons. The last chart is a two page comparison of overall
attendance by week at each pool. This is the usual attendance sheet provided in the
Department's monthly report.
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Page 1 of 2
STREETS DIVISION — WORK SCHEDULE
WEEK OF SEPTEMBER 17 — SEPTEMBER 21, 2007
Resurfacing/Reconstructing streets in the following areas
Continue working on the street reconstruction project in the area between So. "H"
Street and Monitor Street, Pacheco Road and Fairview Road.
Continue working on street resurfacing project in the area between No. Stine
Road and McDonald Way, north of Stockdale Highway.
Continue preparing streets for reconstruction in the area between Gosford Road
and So. Laurelglen, south of Westwold Drive.
Sealing streets in the area between Ming Avenue and Brundage Lane, "P" Street
and So. "H" Street.
Miscellaneous Streets Division projects•
Continue installing curb and gutter in the area between California Avenue and 4th
Street, Union Avenue and "P" Street.
Continue working on the storm line installation project on Benton Street, between
Wilson Road and Belvedere Avenue.
Continue working on the curb and gutter installation project (CDBG Funded) in
the area between Flower Street and 178 Highway, Alta Vista Drive to Kern
Street.
CADOCUME-1\RKIRKW-1\LOCALS-1\Temp\XPgrpwise\Week of September 17-2007-Work Schedule.doc
Paqe 2 of 2
STREET SWEEPING SCHEDULE
Monday, September 17, 2007
Between Panama Lane and McKee Road, Stine Road to 99 Highway.
Between McKee Road to Panama Road, Stine Road to Wible Road.
Tuesday, September 18, 2007
Between Wilson Road and Stine Road, Ming Avenue to White Lane.
Between District Boulevard and Panama Lane, Gosford Road to Ashe Road.
Ashe Road and Stine Road; Panama Lane, north to the railroad tracks.
Cul-de-sac between Manley Court and Chris Court, north of Angela Way.
Wednesday, September 19, 2007
Between White Lane and Panama Lane, Buena Vista Road to Old River Road.
Between Old River Road and Gosford Road, White Lane to Pacheco Road.
Between College Avenue and Willis Avenue, Morning Drive to Park Drive.
Thursdav, September 20, 2007
Between Stockdale Highway and White Lane, Gosford Road to Ashe Road.
Between Ming Avenue and White Lane, Ashe Road to Wilson Road.
Friday, September 21, 2007
Between Stockdale Highway and Ming Avenue, Allen Road to Old River Road.
Between Old River Road and Gosford Road, Ming Avenue and White Lane.
Between Brundage Lane and E. Belle Terrace, Union Avenue to Cottonwood Road.
Between Union Avenue and Cottonwood Road, Casa Loma Drive to Watts Drive.
Between Oswell Park Drive and Brundage Lane, Oswell Street to Leeta Street.
Between Brundage Lane and Zephyr lane, Oswell Street to Calle Del Sol.
CIDOCUME-1\RKIRKW-1\LOCALS-1\Temp\XPgrpwise\Week of September 17-2007-Work Schedule.doc
BAKE[[
COAPORA,�`r�l�
MEMORANDUM
U CITY ATTORNEY
`�LIFOR�1P
September 10, 2007
TO: HONORABLE MAYOR AND CITY COUNC14
FROM: VIRGINIA GENNARO, CITY ATTORNEY, AAA,
MICHAEL RICHARDS, DEPUTY CITY A ORNEY
SUBJECT: SATURATION
OF GROUP HOMES
COUNCIL REFERRAL NO. 1809
F ncilmember Carson requested information regarding the saturation of group homes
requested information about an ordinance to limit the number in residential areas.
Question presented: Can the City impose restrictions on the number of licensed group homes
or residential facilities in residential areas?
Short Answer: No. State law preempts local law with regards to these facilities.
STATE LAW:
Unfortunately, the issue of"group homes"is very complex—primarily because there are
several different types of "group homes" and each one is regulated by a different set of State
rules and regulations. The following is a list of the different types of residential care homes and
the state law that governs:
• Health facilities (care for developmentally disabled and skilled nursing care)
California Health and Safety Code Sections 1267.8, 12679
• Community care facilities (covers all other types of care not already noted for adults
and children)
California Health and Safety Code Sections 1566.3, 15671
• Residential care facilities for the elderly
California Health and Safety Code Sections 1568.083, 1568.0831, 1569.85
• Alcoholism recovery and drug abuse facilities
California Health and Safety Code Sections 11834.02- 11834.30
• Family day care homes (day care for children)
California Health and Safety Code Sections 1596.70 - 1596.795, 159740 -
159747, 159765
• Homes or facilities for mentally disordered, handicapped, or dependent and
neglected children
California Welfare and Institutions Code Sections 5115–5120
Since State law preempts local zoning controls over licensed residential care facilities,
the City cannot make a legally enforceable ordinance which limits these facilities. This means
HONORABLE MAYOR AND CITY COUNCIL
September 10, 2007
Page 2
that the city cannot require any special permits, business license, home occupation permit,fire
code restrictions, building codes, etc. unless such is required of any other family dwelling.
Occupancy (number of people) is limited by the Uniform Housing Code, which applies to all
residences, and is based on the size of each bedroom.
State law requires that a residential facility have a valid license to operate (Section
1568.5 of the Health and Safety Code). Without a state license, the zoning preemption is not
effective. Two agencies license these facilities: the State Department of Social Services
licenses all day care, mental care, group, and elderly care homes; and the State Department of
Alcohol and Drugs licenses only alcohol and drug rehabilitation homes. Both agencies conduct
annual inspections of these homes and will respond to complaints regarding their operation.
There is no distinction made for secular versus non-secular providers.
Over concentration of certain care homes in a neighborhood is also regulated by the
state for licensed facilities. Licenses issued by the Department of Social Services (except for
foster homes and elderly care) must be a minimum of 300 feet away from any other licensed
home (as measured from the outside walls of the house - Section 1520.5 of the Health and
Safety Code).
If a home is less than the 300 feet, an exemption must be granted by the city, otherwise
the license is denied. This 300-foot separation restriction does not apply to licenses issued by
the State Department of Alcohol and Drugs for rehabilitation homes.
CITY OF BAKERSFIELD REGULATIONS:
Notwithstanding the above, if the homeowner states that they are running a group care
home for six or fewer persons believing this to be a permitted use but they have no state
license for such a facility, then they are not a residential facility, but a roominghouse. Under
our ordinance, they must either obtain approval of a conditional use permit or reduce the
number of people and rooms being rented to two so as to remain a legal use without a
conditional use permit.
SB 1000:
SB 1000 was proposed this year and would tighten restrictions on group homes and give cities
more authority over them. The City Attorney's Office sent a representative to the March 2"d
2007 Residential Recovery Facilities Conference that dealt with this issue. That Conference
was an effort, led by Newport Beach, to promote bills such as SB 1000. Unfortunately, SB
1000 failed to pass out of committee. A recent press release from the California League of
cities is attached and deals with some of the current political action taking place on this issue.
VG:MR:dll/lsc
Attachment
SACOUNCIUReferrals\07-08 Referrals\Carson.GroapHomes.doc
League of California Cities Page 1 of 1
2007-09-05
Group Home Facilities Discussed by Legislators and Governor's Staff
On Tuesday, June 12, several California legislators met with key members of Gov. Arnold Schwarzenegger's
Administration to open a dialogue on how the Governor could help alleviate problems at the local level with respect to
siting and operations of group home facilities.
Led by Assembly Member Bill Emmerson, R-Redlands;Assembly Member John Benoit, R-Palm Desert;Assembly
Member Todd Spitzer, R-Orange; and Sen. Bob Dutton, R-Inland Empire; the members discussed their frustrations with
not being able to address the concerns of constituents in their districts with group homes facilities.
Ideas were presented on how the Administration could help, including the need for an adoption of policies and practices
that would improve the coordination and communication between the various agencies and local governments.
The meeting is a result of a letter that was sent to the Governor with signatures from all Republican members of the
Assembly and the Senate requesting that the Governor adopt a"Good Neighbor Policy"that would improve interaction
between state agencies and local communities.
Legislators were hopeful that their conversation with the Governor would be a starting point to work with the
Administration to begin to make needed improvements to the operation of group home facilities. The League appreciates
the efforts of Assembly Members Emmerson, Benoit, Spitzer and Sen. Dutton on this important issue that affects so
many of our local communities.
last updated:6/15/2007
htt p://www.cacities.org/story_display.jsp?displaytype=pf&zone=locc§ion=&sub_sec=... 9/5/2007
B A K E R S F I E L D
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Stanley Grady, Development Services Director
DATE: September 7, 2007
SUBJECT: Re: Drainage Problem At 519 Haley
Referral#: 1811
[Haley uncilmember Carson requested staff to address the problem of over-watering/drainage at 519
Street near Houser St. and provide a response back to Council.
Code Enforcement investigated this matter by contacting Mrs. Crisp, the reporting party, and
discovered an obstruction in the gutter along with three vacant lots south of Mrs. Crisps'
property full of junk trash and debris. Code Enforcement issued Seven Day Notices to the
property owners of the three vacant lots, to abate the overgrown weeds,junk, trash and debris.
Code Enforcement will re-inspect on or about September 7, 2007 for compliance, if not abated
we will send a Second Notice to appear at a hearing by the Building Director.
The Public Works Streets Div. handled the obstruction in the gutter.
/000
B A K E R S F I E L D
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: STANLEY GRADY, DEVELOPMENT SERVICES DIRECTOR f
DATE: September 7, 2007
SUBJECT: Code Enforcement Complaint in the area 3649 Hosking
Council referral No. Ref0001808 (Ward 2)
Councilmember Benham requested staff check other businesses in the area of 3649 Hosking to determine
if they are violating home occupancy regulations.
On September 4, 2007, Code Enforcement Officer Steven Rodrigue and Code Enforcement
Supervisor David Paquette drove throughout the neighborhoods within an approximate 1/2
mile radius to 3649 Hosking Road and attempted to locate other businesses in the area in
violation of home occupancy regulations.
No properties with obvious violations could be located with the exception of two properties
which have already been addressed or currently have Code Enforcement action being
taken against it.
The property owner's at 7726 Wible Road had a gardening business, Marantha Gardening,
at that location. There is Code Enforcement action being taken, case #07-4729, for
violations of zoning ordinances. If the property owner's do not comply the property will be
abated through the City's administrative process.
The second property located at 7821 Wible Road is a legal non-conforming auto
dismantling yard, Wible Auto Dismantling, which has a current business license and is in
compliance with its legal non-conforming status.
Any other businesses in the area, are possibly being conducted so that the average
neighbor is not aware of its existence. Code Enforcement has not received complaints for
any other properties and did not locate any other businesses.