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§ion=&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§ion=&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
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B A K E R S F I E L D dUL~
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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