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HomeMy WebLinkAbout5/26/2006 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM May 26, 2006 TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager 14 1 i I.1 SUBJECT: General Information 1. With the announcement that the GSA has agreed to terminate the lease with Castle & Cooke, we appreciate Senator Boxer's continued support. Enclosed is her follow-up letter to the GSA encouraging them to work with the City in a cooperative partnership to designate a downtown location for the federal courthouse, in accordance with the Presidential orders. 2. As an update on the status of the Hillside Ordinance, it is scheduled to be heard by the Planning Commission on July 6th. A summary of the latest changes, prepared by Jim Movius, is enclosed for your information. 3. Representatives from the U.S. Army Corps of Engineers will be attending the Board of Supervisors meeting on June 13th at 9:00 a.m. to discuss the Isabella Reservoir issues. 4. Per a Councilmember request, attached is a chronology of actions taken by the State and the City Council regarding PERS retirement changes made by the City. 5. The Police Department's policy for handling loud and and/or unruly events is enclosed, as per a discussion during the budget hearing several weeks ago. 6. We have a new website for the Bright House Networks Amphitheatre events: www.bakersfieldamphitheatre us. As previously mentioned, the two big concerts 30th coming in June are Johnny Rivers on June 17th and Herman's Hermits on June 7. Tonight, Movies in the Park takes place at Jastro Park tonight with "Monsters, Inc." as the feature. The next Music and Movies at the amphitheatre will be on Friday, June 9th at 7:00 p.m. with music by the Fat Daddy Blues Band and "Gone with the Wind" as the movie. Admission is $2.00. 8. McMurtrey Aquatic Center will open for general swim this weekend with hours from Noon to 4:45 p.m. It will be open on weekends until school is out. Honorable Mayor and City Council May 26, 2006 Page 2 9. Our tree trimming contractor will continue work this month in Jastro, Grissom and Patriots Park and on Gosford between White Lane and District Boulevard, Coffee Road between Rosedale Highway and Downing, Rosedale Highway and Granite Falls Drive, and on Brimhall Road between Allen and Jewetta Roads. 10. The Streets Division work schedule for the week of May 29th through June 2nd is enclosed. 11. Responses to Council requests are enclosed, as follows: Councilmember Benham • Report on the feasibility of implementing an SRO hotel program; Vice-Mayor Maggard • Update on various concerns on Stone Canuon and Auburn Streets, and abandoned construction alley project, and various citizen issues; • Evacuation plan presentation at June 7, 2006 Council meeting. AT:rs cc: Department Heads Pamela McCarthy, City Clerk BARBARA BOXER CALIFORNIA COMMITTEES, COMMERCE,SCIENCE, AND TRANSPORTATION ENVIRONMENT taP& AND PUBLIC WORKS lzalflitd . t-"o FOREIGN RELATIONS HART SENATE OFFICE BUILDING SUITE 112 WASHINGTON,DC 20510-0505 (202)224-3553 httpL//b0xer,seMte,90v/c0ntact May 25,2006 Peter G. Stamison, Regional Administrator U. S. General Services Administration 450 Golden Gate Avenue San Francisco, CA 94102-3434 Dear Administrator Stamison: Now that GSA has reached an agreement with Castle and Cook to terminate the lease agreement to build anew federal courthouse outside of downtown Bakersfield, I stand ready to work with the GSA, the Eastern.District Court, and the City of Bakersfield to move forward with an appropriate downtown court site. It is imperative that GSA work closely and collaboratively with the City of Bakersfield to establish a process to assure that federal facilities in this community are located in downtown Bakersfield as called for in the relevant Presidential executive orders. I would appreciate being kept apprised of the progress of this important process. Should you or your staff have questions regarding this letter, feel free to contact Tom Bohigian, my state director, at 559-497-5109, 1 thank you for your attention to this important matter. 5illerely, a ir haa ir a, Boxer United State Senator 1700 MONTGOMERY STREET 312 NORTH SPRING STREET 5011 STREET 1130'O'STREET 600'B'STREET 201 NORTH'E'STREET SUITE 240 SUITE 1748 SUITE SUITE 2450 SUITE 2240 SUITE 210 SAN FRANCISCO,CA 94111 LOS ANGELES,CA 90012 SACRAMENTO,CA 95814 FRESNO.CA 93721 SAN DIErjo,CA 9210 SAN BERNARDINO.CA 92401 (415)403-0100 (213)894-5000 ±916)448-2787 (5531497-5109 (619)239-3884 888-8525 PRINTED ON RECYCLED pApER Page 1 of 1 r From: Alan Tandy To: Amber Lawrence Date: 5/22/06 8:14 Subject: Fwd: Hillside Ordinance Transmittal In summary, the latest changes to the Hillside Ordinance are as follows: • Identifies "Visual Resource Areas" along ridgelines for protection. • Identifies "Primary and Secondary Viewsheds"which in tandem with visual resource areas limit the view of structures from major'roadways. • Identifies slope protection areas which have unique visual characteristics and slope constraints. • Requires erosion control measures and setbacks for property line, fences and structures adjacent to open space areas. • Requires 25 foot setback from open space areas not governed by visual resource/viewshed criteria. • The 150' setback from 30 percent slopes has been deleted. The focus is now on protection visual resources on the perimeter of development visible from major roadways. Notices of availability and hearing have been mailed to property owners and interested parties. file ://C: \Documents and Settings\alawrenc\Local Settings\Temp. . . 5/22/2006 ZL 0 B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM May 23, 2006 To: Alan Tandy, City Manager From: John W. Stinson;AWsistant City Manager Subject: Request by Councilmember Scrivner for PERS Retirement changes chronology The following is a chronology requested by Councilmember Scrivner of actions taken by the State and the City Council regarding PERS retirement changes made by the City. January 1, 2000 SB 400 added the 3% at 50 formula for public agency safety members (approved by Governor September 28, 1999) January 1, 2000 SB 800 raised the cap on safety member service retirement benefits from 75% of final compensation to 85% (approved by Governor Oct 5, 1999) February 14, 2001 Police Unit MOU adopted by Council implementing PERS benefit change to 3% at 50 to be effective no later than December 1, 2003 (Term of agreement from April 1, 2001 to March 31, 2004) February 28, 2001 Fire and Fire Supervisory Unit MOU's adopted by Council implementing PERS benefit change to 3% at 50 to be effective as soon as possible. (Term of agreement effective from January 1, 2001 to December 21, 2004) March 28, 2001 Resolution of intention 043-01 for local fire members 3% at 50 April 25, 2001 Ordinance No. 4003 and Amendment 97-39 (2) to PERS contract for 3% at 50 for local fire members April 26, 2001 PERS 3% at 50 effective for local fire members January 1, 2002 AB 616 added the 3% at 60 formula for miscellaneous members (approved by Governor October 12, 2001) S:\JOHN\PERS changes chronology.doc January 1, 2002 SB 90 raised the cap on safety member service retirement benefits from 85% of final compensation to 90% (approved by Governor October 12, 2001) March 20, 2002 Blue & White Collar Units MOU adopted by Council implementing PERS benefit change to 3% at 60 effective July 2002 (Term of agreement from January 1, 2002 to January 1, 2005) May 8, 2002 Resolution of intention 068-02 for local miscellaneous members 3% at 60 June 12, 2002 Ordinance No 4071 and Agreement 02-165 to contract with PERS for 3% at 60 for local miscellaneous members July 13, 2002 PERS 3% at 60 effective for miscellaneous members October 1, 2003 Resolution of intention 179-03 to amend contract with PERS for 3% at 50 for local police members October 22, 2003 Ordinance No. 4156 and Agreement 97-39 to amend contract with PERS for 3% at 50 for local police members December 1, 2003 PERS 3% at 50 effective for local police members S:AJOHN\PERS changes chronology.doc BAA- a BAKERSFIELD POLICE MEMORANDUM C' ARY ILW° • • �I-FQP RECENED Date: May 24, 2006 MAY 2 3 2006 To: Alan Tandy, City Manager CITY MANAGER'S OFFICE From: W. R. Rector, Chief of Police Vof— Subject: Loud and/or Unruly Event Enforcement For your information, I have attached our policy for handling future loud and/or unruly events, including cost recovery. Please call if you have any questions. Attachment: Memorandum, Loud and/or Unruly Event Enforcement Form, Loud or Unruly Event Cost Recovery Warning 13AK Q COxPORAJ '`� BAKERSFIELD POLICE U � b MEMORANDUM •y C, L �LlF ORNl Q ` Date: May 24, 2006 To: Operations Personnel From: Captain Tim Taylor Subject: Loud and/or Unruly Event Enforcement Effective immediately, officers responding to loud or unruly events shall complete a Loud and/or Unruly Event Form. This form is necessary to begin a process which provides a means for recovery of the costs incurred by police department personnel participating in a second response to a loud or unruly event. The cost recovery can be made from the person or persons responsible for such event providing they were duly warned that a second response fee would be assessed against them at the time of the initial response to the event. Definitions: A loud event means an event or incident which results in any loud or unusual noise which disturbs the peace and quiet of a neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the neighborhood and is unlawful under the provisions of Chapter 9.22 of the Bakersfield Municipal Code or the laws of the state. An unruly event is any event or incident which threatens the public health, safety or welfare and is unlawful under the provisions of the Bakersfield Municipal code or the laws of the state. A person shall be considered to be responsible for a loud or unruly event if: A. Such person is entitled to possession of any private property on which the event occurs, either by reason of the fact that such person is an owner entitled to possession of such property or by reason of the fact that such a person is a lessee or tenant entitled to possession of the property; or B. Such person is entitled to the use of any public property on which the event occurs by reason of any permit or entitlement issued to such person by the city or any other governmental agency owning or otherwise controlling the property; or Loud and/or Unruly Event Enforcement May 24, 2006 Page 2 of 2 C. Such person accepts responsibility for the event. Should an officer respond to an event which fits the criteria listed above, he or she shall complete a Bakersfield Police Department Loud and/or Unruly Event Form. As you can see there are specific requirements involved including the determination of a "responsible person." The form has a signature line for that person; however, the responsible person may refuse to sign the form. In such an instance, the officer shall print the person's name on the line followed by the notation "Refused to Sign." The canary copy shall be given to the person determined to be responsible. The officer shall use the comment section of the form to indicate any special circumstances; identify the responsible person in the text of the call; and request Communications Center personnel to flag the call for the following 12 hours, noting that the form was issued. At the end of shift the officer shall provide the copy to the Records Section who will be responsible for routing to the Traffic Section. If a situation occurs where a second response is required, the responding officer shall complete a GO titled "Loud and/or Unruly Event." The officer shall record the facts surrounding the loud or unruly event and the fact that his or her response was the second response, and that the form was completed on the original response. The officer shall attempt to make contact with the original "responsible person" in order to identify him or her in the GO. If that person is unavailable the officer shall identify whoever the current "responsible person" is. The controlling case number shall be the number assigned on the original call with the second tag number being an allied number. Records personnel shall forward reports of this nature along with the corresponding Loud and/or Unruly Event Form to the Traffic Section for the recovery of costs incurred by the city for the second response. In situations where Loud and/or Unruly Event Forms are completed but a second response is never warranted, the forms shall be routed by Records Section personnel, white to records and pink to the OIC office. A clipboard for pink copies will be maintained in the OIC office. TDT/G M BAKERSFIELD POLICE DEPARTMENIT Loud and/or Unruly Event Bakersfield Municipal Code 9.23 -WARNING- If police or fire personnel are required to respond a second time within 12 hours for the same or similar event, you may be assessed a service fee for the costs of such response. Case Number: Location: Date: Time: hrs. RESPONSIBLE PERSON'S INFORMATION Name: ( Status per BMC 9.23.040 on reverse (circle one): -A- -B- -C- ) Address: Telephone: DOB TYPE OF DISTURBANCE ❑ Party ❑ Stereo ❑ Live Band ❑ Other ❑ Alcohol Involved ❑ Minors with alcohol Proximity to Reporting Person's residence: Noise duration: ❑ Constant ❑ Recurrent ❑ Intermittent Approximate number in attendance: Approximate distance noise can be clearly heard: Properties in the immediate vicinity: ❑ Commercial ❑ Residences ❑ Religious Warning received by: (Signature of responsible as listed above) Warning issued by: Badge number: Comments: o Any service fee assessed relative to a second response to this disturbance hall he in addition to any criminal fine or other sanction arising out of any arrest of such person or the issuance of a citation to such person as a result of such second response. White:Records Canary:Violator Pink:OIC 9.23.010 Purpose. This chapter is adopted pursuant to Article III of the City Charter in order to provide a means for recovering the costs incurred by the city for the crty pclice and fire department personnel participating in a second response to a loud or unruly event from the person or persons responsible for such event. (Ord. 4183 § 1 (part),2004) 9.23.020 Findings. The city council finds as follows: A. That personnel from the city police and fire departments spend a significant amount of their time responding to loud and unruly events as defined in this chapter, B. That frequently, police and fire department personnel are required to respond a second time to the same loud or unruly event after warning the person or persons responsible for such event that the event is being conducted in an unlawful manner and must be terminated by reason of the fact that such person or persons failed to take the steps necessary to terminate such unlawful conduct;and C That it would be appropriate to recover from the person or persons responsible for a loud or unruly event the costs incurred by the city for the police and fire department personnel participating in a second response to such event in those situations in which such person or persons were duly warned that a second response fee would be assessed against them at the time of the initial response to the event.(Ord.4183§1 (part),2004) 9.23.030 Loud or unruly events defined. For purposes of this chapter,the terms loud event and unruly event are defined as follows: A. A loud event means an event or incident which results in any loud or unusual noise which disturbs the peace and quiet of a neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the neighborhood and is unlawful under the provisions of Chapter 9.22 of this code;and B. An unruly event is any event or incident which threatens the public health, safety or welfare and is unlawful under the provisions of this code or the laws of the state.(Ord.4183§1 (part), 2004) 9.23.040 Persons responsible for a loud or unruly event. For purposes of this chapter,a person shall be considered to be responsible for a loud or unruly event if: A. Such person is entitled to possession of any private property on which the event occurs, either by reason of the fact that such person is an owner entitled to Possession of such property or by reason of the fact that such person is a lessee or tenant entitled to possession of the property;or B. Such person is entitled to the use of any public property on other governmental agency owning or of erwise cont rolling he property, or occurs by reason of any permit or entitlement issued to such person by the city or any C Such person accepts responsibility for the event.(Ord.4183§ 1 (part). 2004) 9.23.050 Civil liability for the costs of a second response to a loud or unruly event. An y person responsible for a loud or unruly event shall be civilly liable to the city for a service fee which fee shall represent all costs incurred by the city arising out of a second response which is made by the city Police or fire department to such event where: A. Any member of the police or fire department initially responded to the event during the preceding twelve-hour period: B. At the time of making such initial response,personnel from the city police or fire department warned such person,in writing,that the event was being conducted in an unlawful manner,and that if police or fire department personnel were required to respond a second time to the event,such person would be assessed a second response fee as and for the city's second response costs in the amount provided for by this chapter;and C Following such initial response, the city police or fire department were required to respond a second time to the event by reason of the fact that the event continued to be conducted in an unlawful manner,notwithstanding such written warning.(Ord.4183§1 (part), 2004) 9.23.060 Penalty and amount of service fee. In addition to the penalty specified in Section 9.23.050 pursuant to Chapter 3.70 of this code if the city has v attisfied in all the pcondit conditions of slatted code,n Sectionco 23.050. (Ord.4183 y assess(part the service fee 9.23.070 Warning issued at time of initial response. Where personnel from the city (part),2004) unlawful conduct occurring at such event can e terminated or otherwise appropriately Police or fire department responding to a loud or unruly event determine that the such police or fire department personnel may issue a terminated to otherwise ppropriately addressed without arresting or citing the person or persons responsible for the event, event.Such warning shall set forth the date and time of the initial response,a brief description of the unlawful activity complained of and/or observed at event,the address of y person responsible for the event in lieu of arresting or issuing a citation to such person as a result of the the property on which the event occurred,and a statement that if cit y police or fire department personnel are required to respond a second time to the same or a similar event within a twelve-hour period by reason of the fact that the event continues to be conducted in an unlawful manner,such person will be assessed a service fee as and for the city's second response costs in the amount provided for by this chapter.Such warning shall also state that the service,if any shall be in addition to any criminal fine or other sanction arising out of any arrest of such person or the issuance of a citation to such person as a result of such second res onse.I manner provided for by this section shall sign the warning acknowledging receipt thereof.(Ord.4183 1 P y person issued a written warning in the 9.23.080 Assessment of service fee. Where the city manager or his designee determines that a second Presponse has been made to a loud or unruly event within a twelve- hour period following the initial response to such event,the city manager or his designee shall assess a service fee against an person who was issued a written warning at the time of the initial response to the event in the manner provided by this chapter. Such service fee shall be determined pursuant to Chapter 3.70 and consistent with the costs incurred by the city for all of the Police and/or fire department personnel participating inthe se ondoresponse, orbthe sutm of ne thousand dollars,whichever is less. Where two or more persons are assessed a service fee for the same loud or unruly event, all such persons shall be jointly and several) liable to the city for the full amount of such fee. (Ord.4183§1 (part),2004) 9.23.090 Notice of assessment of service fee. Upon determining to assess a second response fee against a person responsible for a loud or unruly event, the city manager or his designee shall cause notice of the as to be served on such person by depositing such notice,first class postage prepaid,in the United States mail addressed to the person at the person's last known address,in addition to setting forth the amount of the second response fee.(Ord.4183 1 y 3.23.100 Payment of service fee. Every service fee assessed upon a person responsible for a loud or unruly event in the manner provided by this chapter shall be due and § (part),2004) )ayable on or before the last day of the month immediately following the month in which notice of the assessment of the fee was mailed to such person.In the event of the ailure of a person assessed a second response fee to pay such fee when due,a delinquency ail r the due date thereof;provided,however,that the total amount of such penalties shall not exceed fifty q y penalty of ten percent shall be added to the fee event the last day of each month ssessed a second response fee to pay such fee when due,such person shall be assessed interest on the amountfof the delinquuent fee,exhclus ve of any failure of a person I the rate of one percent per month,or any fraction thereof,from the date the fee first became delinquent until the date the fee is aid. Ord.4183 1 delinquent ( y penalties thereon, .23.110 Small claims enforcement. The city or its agent may enforce the assessment of the service fee by filing an action for the collection of money in the claims )urt of the county.The city or its agent may use all legal means to enforce any judgment obtained against the responsible parties including but not limited to recordin )stract of judgment and garnishment of wages.(Ord.4183§1 (part),2004) g an PUBLIC WORKS STREETS DIVISION — WORK SCHEDULE WEEK OF MAY 29 — JUNE 2, 2006 Street reconstruction project (CDBG FUNDED) in the area east of Old Stine Road, north of Wilson Road Resurfacing streets in the following areas: South of Christmas Tree Lane, west of Maywood Street South of Brimhall, west of Harvest Creek Drive. North of Wilson Road, east of New Stine Road Assisting the Railroad Company in repairing the railroad crossing on Baker Street between Jackson Street and Sumner Street. Sealing streets (oiling) in the area south of District Boulevard, east of Gosford Road. Installing curb and gutters in the area east of Oak Street, south of California Avenue. Repairing Masterson Street and also Paladino Drive, north of 178 Highway AREA SWEEPING SCHEDULE Thursday, June 1, 2006 Area between Ashe Road & New Stine Road from Stockdale Highway to Sundale Avenue. Friday, June 2 2006 Area between Casa Loma Drive & Watts Drive from Union Avenue to Cottonwood Road. Monday May 29 2006 — HOLIDAY. Tuesday May 30, and Wednesday May31, 2006, Sweeper Operators are on their regular sweeping routes. CADOCUME-1\rsmiley\LOCALS-1\Temp\Work Schedule-Week of May 29_2006.doc • RECEi E MAY 19 2006 i B A K E R S F1 E L D CITY MANAGER'S OFFICE Economic and Community Development Department M E M O R A N D U M May 18, 2006 TO Alan Tandy, City Manager FROM: George 11 onzales, Community Development Coordinator I SUBJECT: SRO Hotel Program Council Referral No. Ref001491 Councilmember Benham requested staff analyze the feasibility of implementing an SRO Hotel Program for marginally homeless people, and requested staff report back to her. A newspaper article has been provided and is being sent through inter-office mail. EDCD Staff will be presenting the flophouse (cubicle hotel) concept to the Homeless Collaborative Permanent Housing Committee at the regularly scheduled May 24, 2006 meeting. Staff will ask if this housing alternative would be acceptable to clients of the various homeless agencies. Once the members of the housing committee have been consulted, staff will prepare a more detailed response to this referral. To some extent, the Rankin, Jackson Hotel, Metropole, and St. Francis (SRO's) in the Baker Street area are flophouse types of housing currently being used by some marginally homeless clients. SADEBBIE'S\Council ReferraWflop house.doc ^^ 3AI( U``pORPORAT£ BAKERSFIE'LD POLICE MEMORANDUM LIF ORS ` , RECEIVED TO: ALAN TANDY, CITY MANAGER FROM: W. R. RECTOR, CHIEF OF POLICE AN MAY 2 4 2006 DATE: MAY 24, 2006 CITY MANAGER'S OFFICE SUBJECT: STONE CANYON ISSUES Council Referral No. 1501 (Ward 3) Vice-Mayor Maggard requested staff contact him regarding issues on Stone Canyon and Auburn Streets; an abandoned construction project in an alley; and issues reported by Tony Pieto, Arthur Tiejerena, and David Stanton. See attachment for Contact Information. On May 15th, Captain Bob Bivens contacted constituent Kevin Kusek regarding the issues on Stone Canyon. Mr. Kusek said he did not have any animal control issues and had recently been contacted by Code Enforcement Officer Jacque Miller. The main issue is a property easement behind Mr. Kusek's property. He reports children are using it as a short cut to school and he wanted it fenced off. The property is privately owned and he is working with City Code Enforcement to contact the owners regarding the fencing. He also reported minor acts of vandalism stating kids have been throwing rocks at the back of his house from the easement. Captain Bivens advised him to contact the Communications Center to report any acts of vandalism so police could respond. In addition, Captain Bivens contacted Code Enforcement Officer Miller who advised he is working on getting the easement cleaned of weeds and trash at this time. Please call if you have any questions. V /0 L 0 M"ftftftftft B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM May 25, 2006 TO: Alan Tandy, City Manager FROM: Alan Christensen, Assistant City Manage/J�f SUBJECT: Evacuation Plan Council Referral #001498 Vice Mayor Maggard requested that staff present a present a brief report at the June 7, 2006 meeting regarding an evacuation plan, due to Lake Isabella Dam being compromised. Water Resources Manager, Florn Core and Police Chief, William Rector will report on this topic at the June 7, 2006 City Council Meeting.