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HomeMy WebLinkAbout07/23/04 B A 'K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM July 23, 2004 TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager ~7-(~ SUBJECT: General Information 1. Jack Hardisty, Stan Grady, and I met with the Kern County Planning Director, CAO, and related staff this week on the Sphere of Influence. We made a presentation and answered questions. They are doing the same process with Shafter. Their schedule may vary with circumstances, but we may know by the first week in August what position they may be taking. Please remember, according to State law, that if they take a position, LAFCO is to give it "great weight". 2. A reminder - I will be on vacation Tuesday through Friday of next week. John Stinson will be in charge during my absence. The office will be able to contact me in the event of a significant issue. 3. There has been no visible progress on adoption of a State budget this week. The full Senate, in a symbolic gesture, voted down the budget bill on July 21st. When the proposed package, or a modified version of it, eventually gets passed, it will include the $1.3 billion take from local revenues, and on top of that - a huge slash in booking fee reimbursements, to only $10 million - compared to $38.2 million in FY 2003-04. · We were expecting the booking fee loss and had already factored it into our budget. SCA 9, the proposal that is supposed to protect local revenues, but really doesn't at all, was passed by the Senate Appropriations Committee this week. At the time of this writing, it had not been considered by the full Senate yet. Several recent articles from the League on the status of the budget measure variations that are being considered are enclosed. 4. The hours at Jefferson Pool will be shortened, closing at 3:00 p.m., effective Monday, August 2nd. Due to cloudy water conditions that limit visibility, staff has had to close the pool early almost everyday. The problem will be corrected when the planned rehabilitation of the pool takes place following the summer swim season. A memo is attached with further details. Honorable Mayor and City Council July 23, 2004 Page 2 5. A report on the City's authority to make determinations for Public Convenience and/or Necessity applications (liquor licenses) and how the process coordinates with the Department of Alcoholic Beverage Control is enclosed for your information. 6. In preparation for the Bakersfield Business Conference to be held in October, we will be having some trees trimmed in the Truxtun Avenue median between A Streets and Union Avenue. The project is scheduled for September. 7. More congratulations to the staff in Development Services for their work on the Specific Parks and Trails Plan for Northeast Bakersfield. The project was submitted for a California Cities Helen Putnam Award and received an Honorable Mention in the category of Planning and Environmental Quality. 8. Responses to 'Council requests are enclosed, as follows: Councilmember Benham · Code enforcement investigation at 1000 Monterey Street; Councilmember Couch · Public education efforts concerning the West Nile virus; · Clarification regarding Council discretion relating to requests for renaming of streets; · Code enforcement actions at 2100 Fairview Road · Code enforcement actions at 5500 Marcy Street. AT:rs cc: Department Heads Para McCarthy, City Clerk Trudy Slater, Administrative Analyst Jul 2fl 2884 12:5G:12 Via Fax -> 3241858 Alan g. Tandy Page 881 Of 882 LEAGUE OF CALl FOR. N IA 1400 K Street, Suite 400 · Sacramento, California 95814 C I T I E S Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org Page 1 of-2 July 19, 2004 TO: Mayors, Council Members and 'City Managers FROM: Chris McKenzie, Executive .Director Dwight Stenbakken, Deputy Executive Director RE: Senate Appropriations Committee .Passes SCA 9 to Senate Floor On Monday afternoon, the second hearing on SCA 9 took place in the Senate Appropriations Committee. The Committee passed the measure to the floor of the Senate. (AYES: Bowen, Burton and Escutia; NOES:. Poochigian and McClintock.) The hearing brought out the deep divisions in the Legislature over providing constitutional protection for local government revenues. It is becoming increasingly clear with each day in this-long, drawn-out budget negotiation that the .legislature just doesn't want to give up its authority to take local .government revenues to help solve state budget .problems. When all the rationale is examined and put to rest, it is authority that is painful to give .up. Local government representatives testified on a number of serious problem areas in SCA _9 that need to be addressed 'before it can be acceptable. Testimony in opposition was heard from the League, CSAC, the Special Districts and the California Redevelopment Agencies. The problem areas with the legislation are as follows: · Property Tax Aac~reaate "Protection." The bill offers to protect local government property tax in the aggregate. This means that the gross amount of local government property tax for all cities, counties and special districts would be protected, but the property tax going to individual local entities would not be protected. In other words, property tax could be shifted from cities to counties or from special districts to counties. This is no protection whatsoever!! You still can't plan local public services with any certainty under this proposal. · No VLF Protection. In crafting a scheme to purportedly protect the remaining VLF revenues for local government, the proposal permits the legislature to maintain the same VLF rate and still allow the state to provide a rebate or tax credit to the taxpayers without having the obligation to backfill local governments for the loss. This is same situation we have under existing law. · Sales Tax Protections. While the sales tax protections are relatively straightforward in the bill, the proposal would still permit the legislature to enact another "triple flip" whereby the Bradley-Burns local sales tax is lowered by an amount (1/4 or ½ cent) c~.~REC~'rVED.- 7/20/04 g.'56AM; ->C'rTy OF BAKERSF'rELD; 8'771 ; PAGE 2 J-I 28 2884 12:56:38 i/ia Fax -> 3241858 t~lan ]~. ?an~]y ]~age 8A2 Of 882 July ~, 2004 Memo: Senate ~ppmpdafion~ ~ommi#ee Pa~e~ $~ ~ ~o Sen~e Floor Page 2 of 2 .. and then the state reenacts a "new" sales tax at the state level. It's been done before and is still permitted under this proposal. · Extraordinary Vote. The measure requires a 2/3 vote before the state could "borrow" any money from local government to meet a fiscal crisis. Local governments are asking for either a 4/5 or % vote threshold. The reason for this threshold is because the money being protected is local government money, not state money. It was enacted at the local level by local city councils or by a vote of the people. It is a distortion to say that {his gives local government greater protection than schools or transportation programs under Proposition 42. The money going to schools and for Proposition 42 programs is state qeneral fund money. Local Bradley-Burns sales taxes, property taxes and Vehicle License Fees were all local taxes. A vote.on the floor could be taken as earlYas Wednesday. Please contact your senator and ask.for a NO vote on SCA 9. BUDGET from page 4. · · ... · · · · · · · · · · JULY 9 COMPROMISE FRAMEWORK FOR What's 'Next'?. LOCAL GOVERNMENT BUDGET PACKAGE There's a strong sense among in and around On July 9, the Administration and local gov- the State Capitol that the budget must be passed eminent leaders proposed a revised, compromise soon. Certainly this is reflected in the Democrats' framework for the Local Government Budget decision to pass a budget bill to the floors.of both Package that addresses many of the concerns houses, and to move SCA 9 at' the same time. raised by legislators. This revised framework (with changes from the original Local Government City officials and their LOCAL coalition part- Agreement shown in stdc, ke~ and underlined text), ners have done a terrific job over the past weeks includes: in talking to their legislators, often making repeat calls or sending letters and .faxes in response to · Two years worth of property tax revenue requests from the League and the LOCAL coali- reductions from cities, counties, special districts tion. Without this outstanding effort by our mere- and redevelopment agencies (totaling $2.6 billion) bers, a budget could well'have been passed that to help the state out of its budget crisis. simply rolled over the concerns of those who understand the need to protect funding for local · Constitutional protections of local funding, services, including: We need to keep our attention focused on the Property, Sales Tax and VLF Backfill Protec- budget over the days ahead. We need to continue tions. to be ready with calls or letters to legislators and the media when the need-arises. · Protect each city, county, special district and redevelopment agency's individual property ,~. We need to thank those legislators who are tax (including growth). Legislature may increase a standing with us, and in particular, thankGovernor local governments' share of property tax. Schwarzenegger. He has also proven to be a strong ally, exercising his energy and leadership · Protect each city's and county's existing on behalf of the millions of Californians who depend upon access to police, fire, recreation, Bradley-Burns 1% sales tax rate and method of public health and other vitally important local distribution (including growth), plus local sales tax services. We need to thank him, early and often, add-ons (e.g., transportation, library, local option general, etc.). Guarantee return of ¼ cent sales We also urge city officials to voice their tax to cities and counties when Prop 57 bonds protests over the cutting of booking fee retired. reimbursements, The $10 million savings to the state is unjustified, when compared to the impact · Protect city and.county VLF revenue this will have on cities' ability to pay for police, fire derived from the remaining (0.65%) VLF. Rate and other vitally important services. Again - visit may be.lowered if property tax provided in ex- the Advocacy Center (www. cacities.orq/advocacy) change. Require repayment in 2006-07 of 2003- for a sample letter or talking points. 04 VLF Backfill Gap Loan ($1.23 billion). · Provide property taxes to cities and coun- ties to offset future toss of VLF backfill on dollar- for-dollar basis. Continued on Page 6 Visit the League's Official Web Site--www.cacities.org PRIORITY FOCUS/PAGE 5 JULY 9 FRAMEWORK from page $. · · · · BOOKING FEES from page I · ... · · · · · · Automatic Suspension of Unfunded Man- In addition to assuming that the state takes dates. $1.3 billion from local government ($350 million from cities, $350 million from counties, $350 Require annual reimbursement of local million from special districts and $250 million governments for state mandated programs or the from redevelopment agencies), the document mandate is repeakad susPended, except for also includes only $10,000,000 in booking fee specified employee rights and benefits, subventions in the upcoming fiscal year, instead FleXibility for State .in Times of-Fiscal Emer- of the $38.2 million appropriated in FY 2003-04. gency. The move is widely seen as retribution to local government :for insisting On protection of local Be,qinning in 2008-09, after issuance of a government revenues. proclamation of fiscal emergency by the governor and approval by the legislature of a separate - The lost revenue.is the funding equivalent of urgency bill by a super-maiodty vote (e.g., 4/5 or more than 200 city police officer positions. Since % vote), the state may borrow local property city police protect morethan 70% of all Califor- taxes under following conditions: nians, this.action,represents a significant risk to public safety. · VLF Gap loan has been repaid, and payments on deferred mandates are on sched- City officials are urged to ,call their legis- ule. lators immediately to urge them to vote NO on the proposed budget. Tell them that this · Sums must be repaid with interest within budget will result in .the-loss of more than 200 city three years, police officer positions. Remind them that cities are already helping the state solve it's .budget · No more than a total of $1 billion (or an crisis, by signaling their willingness to give up equivalent % of the total .property tax) may be $350 million in local funds for two .years in a row in exchange for constitutional .protection for borrowed at any time. remaining city revenues. · No more than two loans may occur during any ten-year period, and new loans are-prohibited After you telephone your legislator, please until earlier .loans have been repaid, contact members of the "Big Five" leadership and indicate your strong opposition to what the · Repayment is constitutionally guaranteed. Budget Conference Committee has done today. Urge them to support restoration-of the $38.2 million booking fee subvention to preserve city VoluntarY Revenue Exchanges. police officer positions. Specifically retain authority for the legislature For talking.points or a sample letter, visit the to approve the exchanqe of local sales tax for an equal amount of property tax on a purelyvolun- League's Advocacy Center at www.cacities.orq/ tary or local-option basis. Any type.of voluntary advocacycenter. revenue exchanqe agreement must be revenue- neutral. Here are the "Big Five" members: Governor Arnold Schwarzenegger Phone: 916-445-284; FAX: 916-445-4633 Assembly Speaker Fabian Nunez Phone: 916-319-2046; FAX: 916-319-2146 assemblymember.nunez@assembly, ca.gov Continued on Page 8 PAGE 6/PRIORITY FOCUS www.cacities.org League of California Cities Page 1 of 2 2004-07-22 2004-05 California State Budget & Constitutional Measures On Wednesday, July 21, the full senate took up the budget bill (AB 1749 - Committee on Budget [Steinberg]). The bill includes a takeaway of $1.3 billion from local revenues, and cuts the state's $20 million booking fees reimbursement to cities by $10 million - the equivalent of funding 200 police officers! The measure failed to achieve the 2/3 vote needed for passage, going down 24 to 11, with 4 abstentions from the vote. Negotiations Will continue on the budget. The final vote tally: AYES - Alarcon, Alpert, Burton, Cedillo, Chesbro, Ducheny, Dunn, Escutia, Figueroa, Florez, Karnette, Kuehl, Machado, Murray, Ortiz, Perata, Romero, Scott, She?, Soto, Speier, Torlakson, Vasconcellos, Vincent. NOES - Ackerman, Battin, Bowen Brulte,Denham, Hoilingsworth, Johnson, McClintock, McPherson, Oiler, Poochigian. Not Voting - Aanestad, Ashburn, Margett, Morrow. SCA 9 (Torlakson) -- the Senate proposal to consitutionally protect local revenues -- was not taken up Wednesday. Though no vote is scheduled, the bill could be taken up at any time. (See "Key Problems with SCA 9".) Protection for Local Revenues Unresolved. A key sticking point continues to be the local government issue: the LOCAL coalition, Governor Schwarzenegger and some legislators (principally the Republicans, but some Democrats as well) want passage of a constitutional amendment that would protect local budgets from future state raids. Democratic leaders want to preserve the state's ability to take money from local government in times of state fiscal need. There are also a number of Democratic legislators who appear willing to agree to constitutional protections for current local revenues, but who want to preserve the state's ability to reallocate the future growth in those revenues. Local governments oppose state reallocation of their future revenues because of issues of fairness (taking money from one jurisdiction and giving it to another based on state priorities), but also because it would undermine their ability achieve a predictable revenue stream for budgeting and bonding purposes. Summary of Key Proposals. · July 9 Revised Framework. On Ju y 9 the LOCAL coalition proposed a compromise, revised framework to the Local Government Agreement they had negotiated with Governor Schwarzenegger in May. It allows the state to borrow local money if certain criteria are met. · Senate Democratic Proposal. SCA 9 (Torlakson) contains a measure that also allows the state to borrow local revenues. In that respect it is similar to the LOCAL coalition's revised framework, but it contains much Weaker protections for local government. The League and the LOCAL coalition are OPPOSED. (See '.'.Key P~r~bJ_em__s_~j_t.b__S_C_~_~.'.!_.. Visit the League's _A.d_.v.~o~_a_cy_C_e~...n:t~.[ for a sample letter or talking points.) · Assembly Democratic Proposal. Assembly Democrats have circulated a summary of the constitutional protections for local governments they would support. While there is no language to analyze, this approach appears similar to SCA 9. (See "Local Government Revenue Protection Options" for a side-by-side surnrna~ of these approaches.) What's Next? City officials and their LOCAL coalition partners have done a terrific job over the past weeks in talking to their legislators, often making repeat calls or sending letters and faxes, in response to requests from the League and the LOCAL coalition. Without this outstanding effort by our members, a budget could well have been passed that simply rolled over the concerns of those who understand the need to protect funding for local services. We need to keep our attention focused on the budget over the days ahead. We need to continue to be ready with calls or letters to legislators and the media when the need arises. We need to thank those legislators who are standing with us, and in particular, thank Governor Schwarzenegger. He has also proven to be a strong ally, exercising his energy and leadership on behalf of the millions of Californians who depend upon access to police, fire, recreation, public health and other vitally important local services. We need to thank him, early and often. We also urge city officials to voice their protests over the cutting of booking fee reimbursements. The $10 million savings to the state is unjustified, when compared to the impact this will have on cities' ability to pay for police, fire and other vitally important services. Again - visit the Advocacy Center for a sample letter or talking points. City officials and their LOCAL coalition partners are working with Governor Schwarzenegger to urge quick passage of a constitutional reform measure that will achieve meaningful protections for local revenues from further state raids. On July 9, local leaders and the Administration provided significant revisions to the Local Government Agreement that local officials had negotiated with the governor in May, in an effort to respond to stated concerns by legislators (primarily Democrats). The July 9 revised framework provides continued strong protections of local revenues in the future, while also providing the state with flexibility to borrow local funds in the event of a fiscal emergency. The governor and legislative Republicans stand firmly with local government in support of the protections outlined in the revised framework. Budget Resources: K_e.y__Pmb!e.m_.~_.._wjth_S_~_A..~; .L_ ~o~_.aJ_G.~v~_r_n__m_e0JL_P[o_t_ec~_o_n__O~i~.o..n_s~_7_/.l_~_~_;. J__ul_y_~_Reyised_Fr.a_m_~ew~.r_k_t_~...L~.~aL~¥~em_'m_.e_~t Agreement; City-by-city imDacts of $2.6 billion "contributions" to State - PDF; VLF-for-ProDerty-Tax Swap Estimates. 5.27.04 -PDF; May 12 Press Release_ - Word Need More Background on the State/Local Fiscal Relationship? http://www.cacities.org/story_displayj sp?displaytype=pf&zone=locc&section=&sub_sec=&tert=-&story=66... 7/22/2004 League of California Cities Page 2 of-2 Proposition 65 Qualified for November Ballot. While budget discussions continue, local officials are gratified that their intiative to give voters the final say over taking local revenues has qualified for the November 2004 ballot. Proposition 65 Related Resources (See also the Resources Box on the lower right corner of this page.) Information About The Local Taxpayers and Public Safety Protection Act Initiative.~e~t www.protectlocalservices.com - The LOCAL Campaign Website ~.._c_itiP~,.o.rg The League's po t ca action committee It's hard to say. Everyone concemed feels a need for movement, but solutions to basic disagreements remain illusive. The Governor and the Republicans continue to stand with local officials in their insistence on a constitutional measure that protects local services from further state revenue takeaways, and which provides local governments with the certainty about future revenues they need to provide and plan for current and future service needs. Democrats are holding out for greater flexibility in the state 'borrowing" local revenues, weaker (statutory, v.- constitutional) commitments to repay loans from locals, and the ability to reallocate the future growth in revenues. last updated: 7/22/2004 http://www.cacities.org/story_display.j sp?displaytype=pf&zone=locc&section=&sub_sec=&tert=-&story=66... 7/22/2004 B A K E R S F I E L D Department of Recreation and Parks Date: July 23, 2004 To: Alan Tandy, City Manager From: Alan Christensen, Director Recreation and Parks~-~ Subject: Jefferson Pool - Time Change Jefferson pool has been experiencing pool closures almost daily due to cloudy water which limits visibility and makes the pool unusable. These cloudy conditions take place generally between 3:30 and 4:30 pm. This problem cannot be corrected until substantial repairs are made to the pool system. The .pool is currently scheduled to undergo rehabilitation immediately following the summer season closure. Staffing levels are diminishing as the summer continues and aquatic specialists quit and/or are terminated for various reasons. By planning to close this pool at 3:00 pm daily, additional hours would be freed up for aquatic specialists to fill in at other pools as needed and to hopefully avoid closure of a pool due to Iow staffing in the closing weeks of the summer season. Our current policy is to distribute free swim passes each time a pool is closed due to equipment failure, health and safety reasons. These passes can be used at any pool. Staff will be reviewing this policy after the summer season and closely look at the cost effectiveness of this process. The Jefferson pool schedule will be changed to 12:30 - 3:00 pm, Monday through Friday and weekends 12:00 - 3:00 pm. This will go into effect beginning August 2, 2004 through August 15, 2004, the end of the summer season. B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM July 21,2004 TO: ALAN TANDY, CITY MANAGER SUBJECT: BACKGROUND INFORMATION ON PUBLIC CONVENIENCE AND/OR NECESSITY (PC&N) APPLICATIONS-LIQUOR LICENSES In certain cases, State law requires the Department of Alcoholic Beverage Control (ABC) to receive a determination from the local government body (i.e., the City) as to whether or not the issuance of a liquor license would meet with the public's convenience and/or necessity (PC&N) before the ABC can grant the license. This is not required in all cases but only in some for specific types of liquor licenses and generally is based on whether an area is "overconcentrated," i.e., has an "undue concentration" of liquor licenses. The ABC is the agency which determines whether an individual needs to approach the City for PC&N approval generally based on the ABC's determination the location is within a census tract with an overconcentration of existing liquor licenses. Overconcentration refers to a census tract where there are more liquor licenses than the ABC has determined are allowed by law. In some cases, although not many, the City's approval of a PC&N is required even in areas not overconcentrated. The City will not accept an application that does not attach the form from the ABC indicating the local government body determination is needed. (Laws governing local government body input into the permission for liquor licenses process were first legislated during 1992 after the LA riots. Until that time, liquor licenses had proliferated without regard to local issues and concerns.) When an existing type of license is transferred to a new owner for the same location, or even within the same census tract, the City determination is not generally required. If a license from another part of California or another local census tract is transferred into an overconcentrated census tract within the City, then the City PC&N determination is required. City determinations are required for new licenses (see below for license type) within an overconcentrated area. According to information received from the ABC, PC&N's are required in overconcentrated census tracts for original licenses, premise to premise transfers and double transfers. Types of licenses which would require a PC&N are Type 20 (off-sale beer and wine), Type 21 (off-sale general), Type 40 (on-sale beer), Type 42 (on-sale beer and wine public premises), Type 48 (on-sale general public premises), and Type 61 (on-sale beer for public premises). In an underconcentrated census tract, a PC&N is required (in Kern, Inyo and. Mono Counties) for original Type 20 licenses. The City Council has granted to the City Manager the authority to make the PC&N determination (Resolution 49-95). The City Manager's determinations are made on a case by case basis. Each application that comes in to the City Manager's Office is routed to Planning (for zoning and other considerations), Public Works for traffic considerations, to the Police Department for law enforcement Alan Tandy, City Manager July 21,2004 Page 2 Background Information on Public Convenience and/or Necessity (PC&N) Applications-Liquor Licenses related issues, and then returned to the City Manager for his review and final determination. This review includes contacting staff to respond to questions and for additional information and contact with the Council Member in whose ward the business address is located. According to the California Business and Professions Code (B&P Section 23958), the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4. Types that would not come to the City for a PC&N with respect to this section include retail on- sale bona fide eating place licenses, retail licenses issued for a hotel, motel, or other lodging establishment, and retail licenses issued in conjunction with a beer manufacturer's license. With respect to other specific types of licenses, the ABC may issue such, if the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be served by the issuance. A map of Census Tract 16 (downtown area) is attached which also identifies the Bakersfield Crime Reporting Districts (i.e., BP205). The ABC is authorized to take into account adjacent crime reporting districts if an applicant's premises for an off-sale beer and wine license are located within 100 feet of the boundaries of any adjacent crime reporting district (B&P Section 23817.7). You will notice there are several Bakersfield Police Department crime reporting districts within Census Tract 16. The PC&N process through the City Manager's Office is separate and distinct from all other requirements of the City. The ABC has indicated that applicants requiring a PC&N are told that approval must be received from the local government body before a license can be issued, and it is the applicant's responsibility to follow the City's PC&N application process. This process includes filling out the City's application, attaching ABC forms which indicate they have paid the ABC's fees along with the ABC letter stating they must contact the local governing body, and a receipt indicating payment of the City's PC&N application fee (currently $304). Unless special zoning or building permits are required for modifications to an existing premise, individuals needing/wanting a liquor license may not need to contact the City other than for a business license. The ABC notifies City departments (including Police and Planning) of all liquor license applications within the City's jurisdiction. Even with this, staff cannot ascertain whether an individual needs a PC&N from the City as the ABC is the one who determines that (depending on location, type, undue concentration issues, etc). When permit applicants ask about liquor licenses, they are instructed to contact the ABC. HoWever, there is no current way of the City guaranteeing that an individual sinking money into a new enterprise has applied for the proper liquor license through the ABC nor understands the ramification of his/her action or lack thereof in this arena. When a PC&N from the City is necessary, the ABC informs the liquor license applicant. The applicant is the only one who can determine the appropriate course of action relating to his/her financial commitments. Planning believes that most entrepreneurs and businesses assess the extent of financial commitment needed prior to the actual commitment of financial resources. This is particularly useful when dealing with the complex issues surrounding liquor licenses, the processes which need to be followed, and uncertainties involved in obtaining them. Please let me know if anything further is needed. P:~A%M0407211 -PC&Ns 3,?.N D ST 2000 Census Tract Bakersfield City Council Wards lract ~--~ W~RD 2-Sue Benham WARD 3 - Mike MaO~ard GRID WARD 5- Harold Hanson "~~ / WARD 6 - Jacquie Sullivan ' ~ ................ ~ ............ t BP234 0 ~ ........ UAeEAVE ~ --I Geographic Information Se~ices SUEL~-:~004 09: 0! RRC RRKEE~F!ELD 6613~59~9 P.01/01 FOod Service J 23038· "Bona fide public eating TO the licensee: place," "meals." If you are licensed as a bona fide eating place (license I Type 41, 47, or 49), you must operate and maintain your "Bona fide public eating place" means a place licensed p°remises as a bona fide eating place. You must which is regularly and in a bona fide manner used make actual and substantial sales of meals, during the and kept open for the serving of meals to guests for normal meal hours that you are open, at least five days a compensation and which has suitable kitchen week. Normal meal hours arc: Breakfast facilities connected therewith, containing 6:00 a.m. - 9:00 a.m.; lunch 11:00 a.m. - 2:00 p.m.; and conveniences for cooking an assortment of foods dinne'r 6:00 p.m. - 9:00 p.m. Premises that are not open which may be required for ordinary meals, the five days a week must serve meals on the days they are kitchen open. of which must be kept in a sanitary condition with The premises must be equippe, d and maintained in good the proper mnount of refrigeration for keeping of faith. This means the premises must possess working food on said premises and must comply with all the refrigeration and cooking devices, pots; pans, u:ensils, table regulations of the local department of health. service, condiment dispensers, menus, posters, signs, and "Meals" means the usual assortment of foods enough goods to make substantial meals. The premises commonly ordered at various hours o~' the day; the must comply with all regulations of the 1o?1 health service of such food department, and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement. Incidental, sporadic or infrequent sales of meals or a mere "~3uests" shall mean persons who, during the offering of meals without actual sales is not compliance, hours when meals are regularly served therein, "Meals" means the usual assortment of food commonly ordered at various hours of the day. The service of only come to a bona fide public eating place for the sandwiches Or salads is not considered compliance, purpose'of obtaining, and actually order and obtain However, certain specialty entrees, such as pizza, fish, ribs, at such time, in good faith, a meal therein. etc., and an assortment of other foods, such as soups, salads Nothing in this section, however, shall be or desserts, may be considered a meal. construed to require that any food be sold or purchased with any beverage. The Department will presume that a licensee is operating as a bona fide eating place if the gross sales of food prepared and sold to guests on the premises exceeds the gross sales of Source: California Business and Professions Code alcoholic beverages. "Prepared" means any processing preliminary to the final serving of food. (Note: Some licensees have a "conditional" license that requires food sales to be 50% or more of the total gross sales.) Source: Instructions, Interpretations and Procedures, L-24.1 - L-24.2, April 1, 1975 On-Sale Packet/6/01~ 11 JUL 2. 3 2004 il C~TY iViANAGER;S OFF~CE B A K E R $ F I E L D Department of Recreation and Parks Date: July 23, 2004 To: Alan Tandy, City Manager From: Alan Christensen, Director Recreation and Parks Subject: Tree Trimming on Truxtun Staff is planning to have about fifteen (15) Magnolia trees ranging in height of 20' to 40' trimmed this September in preparation for the Business Conference. These trees are located on the Truxtun median between "A" street and Union Avenue. A contractor will be performing the work. The purpose of trimming these trees is to remove deadwood and add more structure to the tree. This will give the trees a cleaner look but more importantly it will make them safer. 1400 K STREET 602 East Huntington Dr., Ste. C OF CALl FORN IA S^CP-XMENTO, CA 95814 Monrovia, CA 91016 Fx: (916) 658-8240 Fx: (626) 305-1345 ·¢UWXV.CAC ITl ES.O RG July 12, 2004 Trudy Slater, Administrative Analyst III City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Category: Planning & Environmental Quality !(;~TY .,...:,~".~,- ~:; ..... Program: Specific Parks and Trails Plan for Northeast Bakersfield Dear Trudy: The 2004 California Cities Helen pUtnam Award for Excellence screening juries have completed the very difficult task of evaluating all the applications received this year in the nine categories. Each .nomination submitted shows that California's cities have strong leadership, are well managed and are responsive to changing community needs. The screening juries, which consisted of elected and appointed city officials were most impressed with the caliber of the applications. You should be proud of your accomplishments! While your city's application was not selected as one of the Award for Excellence winners, your application and the program you have accomplished are a tribute to you and to the city's leadership. You, and all who are involved in the .project are to be congratulated. We will be sharing the information on all the applications through the League Library and on the League web page (www.cacities.org). On behalf of the League of California Cities we are pleased to present you with the enclosed certificate. Thank you for your participation in the 2004 Award for Excellence Program and we encourage you to submit an application in 2005. Sincerely, Chris McKenzie, Executive Director Enclosure: Certificate c (w/o): Alan E. Tandy, City Manager Harvey L. Hall, Mayor Note: If you have any questions, please contact Terry Dugan, Director of Education and Conferences, at 916/658-8265 (or e-mail dugant~cacities, org). ,: ,., .? i'e agu e¢~ 'o f~ ca Ii fora_ ia i,:.c it.i 2004 California Cities Helen Putnam/ ard for xcellence Certificate of HonOrable Mention and Appreciation to the City of Bakersfield ' For their Entry in the Category of Planning & Environmental Quality ~ L~EAGUE ~. ~7~.,7Z ~/____~,4~ CALIFORNIA .o~ ~ov~.,.~. ~.~s,~.~ ITIES ~..,s ~.z,~. ~x~u.,v~ ~,.~.o. B A K E R S F I E L D dUL~ 0 2OO4 M E M O U A N U U M C~TV MA,~AGEE'? TO: Alan Tandy, City Manager ..-? FROM: Jack Hardisty, Development Service~' DATE: July 20, 2004 / / SUBJECT: 1000 Monterey Street / Referral No. 838 Councilmember Benham requested staff contact citizen regarding gardeners at 1000 Monterey Street blowing dust and trash into neighbor's yard. Code enforcement has visited the area in question and has not been able to find a violation. There are no laws for gardeners using blowers which can be enforced. This has been an ongoing problem in the city for many years. It has gone to council committee in the past however no new ordinance has came out of it. We have contacted the complaining party about the laws. JUL 2 12004i ~c,A~'~/, MEMORANDUM July 19, 2004 TO: ALAN TAND~GER FROM: FLORN CORE, WATER RESOURCES MANAGER SUBJECT: COUNCIL REFERRAL ID: REF000837 COUCH - PUBLIC EDUCATION RE WEST NILE VIRUS Vice-Mayor Couch requested staff, through the use of KGOV, provide public education concerning standing water at City sumps and the potential for contacting the West Nile Virus Staff contacted the Kern Mosquito and Vector Control District and has prepared a text on mosquito control, standing water and the West Nile Virus. The text will be placed on KGOV by City staff as soon as possible. In addition, a public service announcement video on the West Nile Virus will be played in conjunction with the text. MEMORANDUM CiTY A FI'ORNEY'$ OFFICE July 19, 2004 TO: ALAN TANDY, CITY MANAGER /'~. FROM: VIRGINIA GENNARO, CITY ATrORN~t~ ROBERT M. SHERFY, DEPUTY CITY A-'TTORNEY SUBJECT: STREET NAME CHANGE PROCEDURE COUNCIL REFERRAL NO. 833 Councilmembers Couch and Maggard requested the City Attorney to provide a legal opinion regarding the Council's burden based on the language of the current street re-naming policy resolution; staff to clarify request and recommendation of Ashley Castle Street vs. Ashley Castle Way. Question: Is the City Council required to re-name a street once an applicant meets the criteria in the resolution? Answer: No. The decision to re-name a street shall be based upon the Council's discretion, which should also take into account staff analysis of the request and public hearing testimony. Analysis: Resolution No. 198-89 sets forth the criteria for adopting street name changes. There are three categories of street names. Category 1 includes name changes for streets to be named after individuals, service organizations, or other humanitarian entities for which federal or state holidays are observed. Category 2 is for name changes for streets to be named after individuals who are deceased, or service organizations, or other humanitarian entities which are no longer in service. Category 3 involves name changes for streets to be named after individuals who are living, service organizations, or other humanitarian entities which are still in service. Category 2 would apply under the circumstances where it is proposed the street be re-named after an individual who is deceased. ALAN TANDY, City Manager July 19, 2004 Page 2 Under the Resolution, Category 2 requests are to be made by an application which includes a petition signed by 50% of the owners of commercial or industrial zoned property or more than 50% of the property owners of residentially zoned property or property on streets containing a mixture of residential and any other zone. (Resolution No. 198-89, section A(2)(b).) However, these thresholds only qualify the application for public hearing before the Planning Commission. (Resolution No. 198-89, section A(2)(d).) The Planning Commission is the approval agency for street name changes. The action of the Planning Commission is taken at an advertised public hearing. (Resolution No. 198-89, section A(1)(b).) Additionally, approval or denial of the application should also consider staff analysis of the request and public hearing testimony. (Resolution No. 198-89, section A(2)(d).) The decision of the Planning Commission is final unless it is appealed to the City Council. (Resolution No. 198-89, section A(1)(a).) The decision of the City Council on appeal is within the discretion of that body and should take into account staff analysis of the request and public hearing testimony. (Resolution No. 198-89, section A(2)(d).) Consequently, based on an analysis of the above, it is clear that the City Council may use its discretion, as to whether or not it wishes to re-name a street under Resolution No. 198-89. The decision of the Council is at Council discretion. That discretion should take into account the staff analysis of the request and public hearing testimony. VG/RMS:dll cc: Honorable Mayor and City Council S:\COUNClL\Referrals\04-05 Referrals\Re-NameStreet.doc ', JUL_ 2 0 2004 B A K E R S F I E L D ; MEMORANDUM TO: Alan Tandy, City Manager FROM: Jack Hardisty, Development Services DATE: July 16, 2004 SUBJECT: 2100 Fairview Road Councilmember Couch requested staff contact citizen regarding his concerns with overgrown vegetation at 2100 Fairview Road. On July 14, 2004, Code Enforcement inspected the above mentioned property for overgrown vegetation. Them were overgrown weeds between the property block wall and the sidewalk. Also, visible from the public right of way was a portion of the block wall fence damaged by a palm tree. The officer spoke to the property owner and she stated that she would abate the weeds in the back and maintain the area. In addition, she is working on having the rest of the palm tree removed and the block wall fence repaired within 30 days. This property will be monitored for compliance. cc: Councilmember'David Couch JUL 2. 0 B A K E R S F I E L D ~,-~,~ ...... ' .._. ~,~,. ~., ,.-. "' il' MEMORANDUM TO: Alan Tandy, City Manager FROM: Jack Hardisty, Development Services/~tor~¢¢'~ DATE: July 16, 2004 SUBJECT: 5500 Marcy Street Councilmember Couch requested staff contact citizen regarding his concerns with debris in the public right of way at 5500 Marcy Street. On July 14, 2004, Code Enforcement inspected the above mentioned property for cement debris and a toilet. These items were no longer visible from the public right of way. However, there were lumber, paint, motor parts, and an abandoned/junked bus in the front yard. Contact was made with the daughter and son-in-law of the property owner, and was told that the debris, junk, and motor parts would be removed that evening. Also, a ten day notice was issued to either have the bus entirely covered, removed from the property or be towed away at the property owner's expense by the City. This property will be monitored for compliance. cc: Councilmember David Couch