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Home My WebLink About12/09/1991 BAKERSFIELD' Kevin McDermott, Chair Patricia DeMond Ken Peterson Staff: John W. Stinson AGENDA BUDGET AND FINANCE December 9, 1991 12:00 noon City Manager's Conference Room 1. Auditors Exit Interview 2. Seized Property Auctioneer Services 3. Business Improvement District Tax 4. Incentive Area Office 5. Beautification and Cleanup Program 6. Revenue Update - Finance Department (California State Sales Tax Forecast) 7. Bakersfield Courthouse Racquetball Facility - Roof Repairs 8. If time permits: a. Amendment to Pest Abatement Ordinance b. Amendment to Chapter 5.16 of the Municipal Code relating to Cardrooms c. Amendment to Chapter 5.40 of the Municipal Code relating to Pool Halls d. Amendment to Chapter 5.18 of the Municipal Code relating to Residential Solicitations e. Amendment to Subsection B of Section 3.16.050 regarding use of Bicycles and Toys for Prevention of Juvenile Delinquency f. Ambulance Rate Update 9. Set Next Meeting MEMORANDUM - - DECEMBER 9, 1991 TO: BUDGET AND FINANCE COMMITTEE / FROM: GIL ROJAS, ASSISTANT FINANCE DIRECTOR~-- SUBJECT: AUCTIONEER SERVICES The City submitted a request for proposal to five auctioneers for auction services related to seized asset forfeiture property. Proposals were received from: Nationwide Roger Earnst & Associates Ed Rodgers Ken Porter United A staff committee consisting of Darlene Wisham, Purchasing Officer, Eric .Matlock, Lieutenant to Vice Division, Scott Manzer, Risk Manager and myself was formed to review and evaluate the proposals. Foremost in the evaluation of the proposals were following objectives: 1. Maximize funds available to Police Department narcotics enforcement activities. 2. Minimize storage cost for vehicles. 3. Total administration of assets by auctioneer with proper reporting requirements. 4. Sufficient insurance coverage. After interviewing representatives from all five companies, the committee selected two companies (Nationwide and Roger Earnst & Associates) for an operations and site review. Representatives from the Police Department conducted the review and were impressed with both operations. The staff recommendation is for the Police seized asset 'forfeiture property to be auctioned by Nationwide. It is further recommended that due to transportation and storage costs the current seized assets located at Roger Earnst and Associates be sold by Roger Earnst under the terms of the previous contract. krc MGR.3 AUCTION SERVICES (POLICE SEIZED-ASSET FORFEITURE PROPERTY) EXCLUSIVE COMMISSION STORAGE VEHICLES FIRE ARMS JEWELRY MISC. AUCTIONED UNAUCTIONED NATIONWIDE 70/0 7o/0 70/0 · 250/0 NO CHARGE NO CHARGE ROGER EARNST & ASSOCIATE 10o/0 10°/0 100/0 10°/0 $3.00 PER DAY/180DAYS $3.00 PER DAY/45 DAYS-S100 TOWING ED RODGERS 8o/0 15% 15°/0 15~/0 $30 PER MONTH 30 PER MONTH KEN PORTER 25% NOT SOLD 30% 30°/0 NO CHARGE · $6 PER DAY UNITED 6°/0-$8001 & UP $1.00 PER DAY/60 DAYS $1.00 PER DAY/60 DAYS 8%-$3000-$8000 9% -$0J$3000 10°/o-FOR VEHICLES OVER 90 DAYS .AUCTION SERVICES PRESENTATION Auctioneer- Nationwide Number of Agencies - 300-500 Gross Sales - 2-5 million Security - 24. hour security on site (employees). Site - 13 acres, 110,000 sq. ft. indoors, 1 walk in vault, 1 other vault. Auction - Auction on 1st and 3rd Sunday each month, attendance averages 2,500 per auction. Equipment.Repair - Has maintenance shop, gemologist, contracts with towing company. Largest client(s) - County of Los Angeles, U.S. Marshall. Insurance - 3 million Garage Keepers. Other information - GR.8D AUCTION SERVICES PRESENTATION Auctioneer - Roger Earnst & Associates Number of Agencies - over 700 GrossSales - 12 million Security - 24 hoUr, razor wire fencing covered fences, 3 guard dogs, night security, building has motion detectors. Site - 36 acre lot, 130,000 sq. ft. under roof, 104,000 sq. ft. available for covered vehicle storage, 2 walk in vaults. Auction - Average 4,000 per auction, auction once per month, 30,000 on mailing list, use 14 auctioneers. Equipment Repair - Have maintenance shop, hires gemologist to appraise jewelry (guarantees jewelry), owns 4 transportation rigs and contracts for extra towing services. Largest client(s) - State Department of Justice. Insurance- .1 million liability, 1 million property, 1 million Garage Keepers. Other information - Charges buyers premium on all purchase prices. GR.8C AUCTION SERVICES PRESENTATION Auctioneer- Ed Rodgers Number of Agencies - Gross Sales - 3 million Security - No permanent security on premises, Security Co. drives by. Did have vandalism problem December & January. Site - Storage outdoors. Auction - Auction held when enough equipment is accumulated. Average attendance - high 1,000 to Iow 300. Equipment Repair - No on site maintenance, will contract out if necessary (cost to client). City must deliver vehicles to storage site. Will hire appraiser for jewelry (no cost to City). Largest client(s) - Haliburton, County of Kern (General Services). Insurance - $300,000 Garage Keepers, $100,000' Fire & Theft. Other information - GR.8B AUCTION SERVICES PRESENTATION Auctioneer- Ken Porter Number of Agencies - Gross Sales - Security - 24 hours, live on premises. Site - Does not like to store vehicles. Auction - Auction held every month. Equipment Repair - No minor repair, sold as is. Largest client(s) - Insurance - Carries Garage Keepers. Other information - Doesn't like to have agency specify minimum. GR.8A AUCTION SERVICES PRESENTATION Auctioneer- United Number of Agencies - 30 Gross Sales - Security - Site - 13 acres (Upland, CA). Will store vehicles,' but prefers not to store for over 20 days. Auction - No set days of auction. Equipment Repair - No repair staff. Largest client(s) - Insurance - 1 million Garage Keepers. Other information - GR.8E MEMO RAN D UM DECEMBER 9, 1991 TO: GREGORY J. KLIMKO, FINANCE DIRECTOR FROM: BILL DESCARY, TREASURER~ SUBJECT: BUSINESS IMPROVEMENT DISTRICT TAX TheBusiness Improvement District (BID) Tax is a percentage of the amount of business license tax paid, ranging from 50 per cent to 400 per cent, depending on the type of business. In order to minimize the impact of the revised business license tax rates on BID taxpayers, the BID Ordinance was amended to allow prior business license rates.in calculating the BID Tax. A notice of this change was sent to all BID taxpayers and prompted several of them to write letters complaining about the tax. The letters were referred to Budget and Finance Committee. The letters confirmed that the BID Ordinance needed to be reviewed; however, it was determined that the review should be deferred until after the Business License Ordinance amendments were adopted and implemented by staff. Staff worked with Councilmember DeMond, a Budget and Finance Committee member and representative of Ward 2, which encompasses the BID, to setup a workshop. Ail BID taxpayers were notified of the October 22, 1991 workshop to be held at the Kress Building Conference Room. Workshop attendees included about 15 BID taxpayers, .staff, the President and Executive Director of the Downtown Business Association (DBA) and Councilmember DeMond. Staff chaired the workshop but gave no presentation. The primary purpose of the workshop was to take 'taxpayer. input, pro & con. Taxpayers expressed concern that they were receiVing no benefit from the BID tax and that it should be abolished. The outcome of. the hour-long workshop was that staff would survey all taxpayers whether to continue or discontinue the BID. The survey would include pro and con statements of one hundred words each. The President of the DBA would write the pro statement and a. taxpayer was to write the con statement. Two days after the workshop the DBA Board voted not to oppose the disestablishment of the BID (memorandum attached). Nevertheless, it was felt that taxpayer input was important and the survey was done without the statements. The results are summarized, below: Mailed Returned Continue Discontinue 250 145 (58%) 19 (13%) 126 (87%) GREGORY J. KLIMKO DECEMBER 9, 1991 PAGE TWO Section 36550 of the California Streets and Highways Code provides the procedure for the disestablishment of a BID. The necessary steps are outlined below: I. Council Adopts Resolution of Intention to Disestablish District Resolution Contents: * Reason for the disestablishment * Time and place of the Public Hearing * Proposal to dispose of any assets acquired with district revenue II. Public Hearing * After date of adoption of Resolution of Intention - hearing must be held not less than 20 days nor more than 30 days * Notice Publish Resolution of Intention in CALIFORNIAN "once" at least 7 days before the Public Hearing Mail via first-class mail to each business owner in BID a complete copy of the Resolution of Intentio~ within 7 days of the Council's adoption of Resolution of Intention III. Ordinance to Repeal BID Ordinance * After a Public Hearing, Council may disestablish (BID) by adopting an ordinance IV. Refunds * Upon disestablishment any remaining revenues from assessments or any revenues from sale of assets shall be refunded by same method and basis used to calculate assessment in fiscal year in which BID is disestablished If the Committee desires to proceed with disestablishment of the BID, a draft of the Resolution of Intention is attached. krc MBD.19 cc: City Manager City Attorney Attachments BAKERSFIELD BUSINESS ASSOCIATION MEMO TO:. City of'Bakersfield Bill Oescary via hand Pat Demond via fax 327-2357 FROM: Bruce Keith 322-2061 President DATE: OCTOBER 30, 1990 RE: PRO STATEMENT FOR BID POLL The purpose of this memo is to say the DBA Board of Directors met on Thursday October 24, 1991 and voted not to support the' ccntinuation of the BID. We agree with. those who wish to see the BID dissolved. For this reason I will be unable to prov.ide the "Pro BID" statement we discussed at the public meeting before my BOard took its position. The Downtown Business Association feels it's time for the entire city to take a monetary interest in the revitalization of the Downtown Retail Core. The City of Bakersfield should follow the examples set by other cities who offer incentives for businesses to move into blighted areas. The BID was formed in 1968 by Downtown .businesses and Has been administered by-the DBA since than. Honies paid into the District have helped to promote Downtown via Street Faires, Christmas Parade, Sidewalk Sa]es; and so on. It's time'for all of Bakersfield take interest in the revitalization of Oowntown its not just a Downtown problem. We are Hain Street Kern County. 1401 - 19th Street, # 101 · Bakersfield, CA 93301 . [805] 325-5892 -i RESOLUTION OF INTENTION NO. 1086 A RESOLUTION OF INTENTION DECLARING INTENTION TODISESTABLISHTHEBUSINESS IMPROVEMENT DISTRICT. AND SETTING TIME AND PLACE FOR PUBLIC HEARING.' WHEREAS, Section 36550 of the California streets and Highways 'Code provides the procedure for the disestablishment of a business improvement district; and W~REAS, the City Council intends to disestablish the business improvement district and discontinue the business improvement tax. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The foregoing recitals are true and correct. 2. It is the .intention of the City Council to disestablish the business improvement district and related tax set forth in Chapter 5.04 of the Bakersfield Municipal Code. 3. The reason for the.disestablishment of the business improvement district 'and tax is that the city has received a number of complaints by taxpayers within the district expressing dissatisfaction with having to pay the additional tax; the Downtown Business Association voted not to oppose disestablishment of the district; and the response to a survey of 250 taxpayers (145 responses were received)within the district showed'that 87% favored discontinuance of the business improvement district tax. 4. UPon disestablishment, it is proposed that any assets of the district acquired with the' revenues of assessments levied within the business improvement district be sold as SUrplus city property, with any funds 'therefrom to be distributed to those taxpayers who paid the assessment in the' current fiscal year, by the same method used to calculate the assessment. 5. This Council hereby sets WEDNESDAY, JANUARY 15, 1992, at 7:00 P.M., at the Council Chambers of the City Council, 1501 Truxtun Avenue, Bakersfield, California, as the time and placeI for the public, hearing on the dises{ablishment of the business improvement district and related matters. o0o I HERRRY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the -following vote: ' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED. CLARENCE E. M~nDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield LCM/meg BID-ROI.R-3 12/9/91 BAKERSFIELD BUSINESS ASSOCIATION Dale Hawley City Manager 1501.Truxtun Avenue Bakersfield, Calif. 93301 Dear Mr. Hawley: This is to request that all funds now held by the City which represent assessments for business licenses be paid to the Downtown Business Association and thereafter, paid on a monthly basis when received by the City. Such payment is as r.equired under Agreement No. 90-192, titled CONTRACT WITH THE BAKERSFIELD DOWNTOWN BUSINESS ASSOCIATION FOR ADMINISTRATION SERVICE TO THE BUSINESS IMPROVEMENT DISTRICT, which states: "City shall pay to Contractor monthly, as monies are received by City pursuant to Chapter 5.04 and .Resolution No. 97-68, an amount not to exceed the amount collected from the additional assessment for business licenses in said Downtown Business ~Improvement District" We understand that the City has currently collected in excess of $35,000, of which only. $17,000 has been paid to the Downtown .Business Association. As 'result, it has been necessary for the Downtown Business Association to advance funds to cover .Business Improvement District expenses. The sole purpose of the Agreement being structured as set ~orbh above was to avoid such a problem, and ~ see no basis for the City to withhold these funds. BRK/cb cc: ~awrence hunardini 1401 - 19th Street, # 101 · Bakersfield, CA 93301 · (805] 325-5892 f', ]1~ -I[-It--]I~I~EZ] EZ]~ ~ ~ ~1' ll~JL, Jl:,,~,i BAKERSFIELD BUSINESS ASSOCIATION November 13, 1991 Mr. Jake Wager 515 Truxtun Avenue Bakersfield, CA 93301 Dear Mr. Wager: Please find enclosed the following: Budget Report for 91-92 Downtown Improvement District Budget Report for 91-92 Downtown Business and Property Owners Assoc ation Description and Jostification for Expenses 1919-92 PerfOrmance Objectives for Business Improvement District In closing, if you wish to discuss this, please do not'hesitate to call (805) 322-2061. ' Sincerely, BEK:jm Enclosures 1401 - 19th Street, # 101 · Bakersfield, CA 93301' · [805] 325-5892 BUDGET REPORT citydid.wk FOR L99!-92 90WI'41'OWN BUSINESS AND PROPERTY OWNERS ASSOCIATION PROPOSED CATEGORY DESCRIPTION ACTUAL ACTUAL BUDGET NUMBER 1989-90 1990-91 1991-92 EXPENSES CARRY OVER PREV YEAR 543.90 -1292.49 -853.35 500 SALARIES 20080..65 16467.i6 17500.00 .50i PAYROLL TAX . 7506.20 4911.40 5100.00 502 WORKMEN'S COMP, 235.28 i34.03 i50 O0 503 MEDICAL INSURANCE 697.20 697.20 ·750.00 510 RENT OFFICE 5800.00 4430.00 720.00 tli OFFICE SUPPLIES 1988.20 1821.94 1800.00 512 TELEPHONE 842.i0 1295.77 i300..00 513 .OFFICE EQUIPMENT 542.83 2513.46 5000.00 514 HISTORICAL 34'46 187.1'3 150.00 516 MEMBERSHIP EXPENSE 49.40 100.00 250.00 520 PROPERTY TAX 13.54 13.26 15.00 521 ACCOUNTING 0.00 300.00 900.00 522 LIABILITY INSURANCE 2078.00 2814.78 2900.00 530 POSTAGE 1300.64 '1402.30 1400.00 531 PRINTING 208.43 73.07 100.00 540 INSTALLATION DINNER 1411.55 1390.90 1400.00 546 FUND RAISING EXPENSE 3921.66 5106.79 5000.00 547 PETTY CASH 1100.02 ii25.00 iO00.O0 54~ BANK ·SERVICE CHARGE 123.45 283.75 300.00 549 MI$C/OTHER 2731.53 i254.67 2000.00 549GOLF GOLF TOURNAMENT 3124.36 2655.06 3000.00 549URM URM EXPENSES 0.00 2554.85 1000.00 TOTAL EXPENSES 53789.41 51532.52 51735.00 199 I --92 Performance Object ives For Business Improvement District District Bulletins - It's the goal of the DBPOE to publish bi-monthly District Bulletins (newsletters). · District Management - It's the goal of the DBPOE Office Personnel to work to promote downtown. Through promoting the restoration of .Historic buildings (Tegeler Hotel, Eastman's Office Building, Fox Theater, etc.) Connecting Property Owners and/or Real Estate Agents .with potential clients to help establish downtown businesses. Seasonal Promotions: 1. Parades - help to facilitate (3) parades yearly..· 2. Santa's Arrival -'bringing Santa into downtown to promote downtown holiday shopping. 3. Free Gift Wrapping - arrange for location, staff 'and materials to operate a free gift wrapping center for "Downtown Improvement District Merchants" 4. Street Faires - help to facilitate (4) Street Faires yearly. 5. Christmas Decorations - arrange for the purchase and display of downtown holiday decorations, Media and Public awareness of downtown issues and promotions accomplished through press contacts/releases, Quarterly Mixers - arrange and promote. 1991-92 Performance Objectives Page 2 Advertising - It is the goal of DBPOE to help advertise downtown aCtivities through local media for the following promotions: 1. Santa's Arrival 2 Free Gift Wrapping 3 Christmas Parade 4 Free Parking - 18th & EYe Parking Garage 5 Downtown Holiday Business Hours 6 Christmas Decorations 7 Seasonal Promotions .' 8 Street Faires Street Maintenance 'Property Owners are responsible for the maintenance of their buildings and store fronts. It is the goal' of DBPOE to maintain landscaped rest areas and vacant buildings. 1, The DBPOE has hired BARC to maintain these areas. 2. Special Spring and Fall Clean-up Days have been planned. 3. The DBPOE Office is Currently working with Service Clubs who have expressed an interest in helping to maintain downtown with a special "Adopt a Bock Program". BUDGET REPORT FOR 1991~92 DOWNTOWN IMPROVEMENT DISTRICT PROPOSED CATEGORY DESCRIPTION ACTUAL ACTUAL BUDGET NUMBER 1989-90 1990-91 1991-92 INCOHE DID400 INTEREST 345.52 350,30 350.00' D10449 MISC/OTHER 115.00 211.23 200.00 ,DID450 ASSESSMENT 36500.00 37200.00 35000.00 DID451 DBA CONTRIBUTION 6000.00 18250.00 7500.00 010441 MIXERS 678.55 688.91 600.00 010443 PARADES 408.00 640.56 600.00 DID444 CHRISTMAS DECOR .. 4851.98 717.85 1'200.00 DiD44b STREET FAIRE 7445.16 8134.70 9500.'00 DID446 PROMOTION 0.00 100.00 1400.00 DID449 MISC/OTHER DID 654.01 145.89 500.00 DID450 FOX THEATER PROMOTION 0.00 7866.78 500.00 0ID465 AD REVENUE 0.00 0.00 2400.00 TOTAL INCOME 56998.22 '74306.22 59750.00 EXPENSES CARRY OVER PREVIOUS YEAR 158.32 203.02 209.62 DI0500 MGMT FEE PD TO DBA 23341.35 18878.41 19200.00 DIDSiO OFFICE RENT DID 4930.00 3595.50 3600.00 DIDSll OFFICE SUPPLIES DID 1088.10 1565.46 1500.00 DIDS12 TELEPHONE DID 778.67 1023.88 .1240.00 OIDS14 HISTORICAL DID 129.29 136.11 125.00 DID521 ACCOUNTING FEE DID 0.00 123.25 450.00 BIO522 LIABILITY INSURANCE DID 1039.00 1407.39 1450.00 DID523 CONFERENCES DID 646.33 556.75 600.00 DID530 POSTAGE DID 598.33 678.20 700.00 · DID531 PRINTING DID 145.00 25.28 200.00 DID540 ADVERTISING 5349.38 7223.92 5500.00 DID543 PARADES 328.63 '718.55 800.00 DID$44 CHRISTMAS DECORATION 4197.23 1128.69 1500.00 DI0545 STREET FAIRE 7186.74 8494.20 8700.00 DID546 SEASONAL PROMOTIONAL .DID 700.00 5491.69 6000.00 DID548 BANK SERVICE CHARGE DID 16.00 37.58 40.00 DID549 HISC/OTHER DID ~ 567.90 100.00 200.00 DID550 FOX THEATER PROMOTI'ON 0.00 29536.61 500.00 DIO565 DISTRICT BULLETINS DID 3094.93 3172.11 5400.00 DID570 CLEAN-UP 1500.00 DID584' PARKING GARAGE 2500.00 PAID OFF PAID OFF TOTAL EXPENSES 56795.20 74096.60 59414.62 TOTAL INCOME-EXPENSES 203.02 209.62 '335.38 :AP~N~E5 DESCRIPTION JUSTIFICATION .~ Management ~ee Salary, payroll taxes, Figures shown reflect no · ~ ' paid to DBA workerman's compensation change from 90-9i and health insurance · O~ze rent Prorated bases upon Figures shown reflect office supplies hours devoted to DID no change from 90-91 Telephone activity related'to total hours worked by Cathy Butler Historical Photographs o~ events Figures shown r~flect · no change from 90-9! Accounting Outcome bookeeper to Prorated 85/15 90-91, balance check books 91-92 represents 50%50 spent recovers DBA and DID each have two accounts 91-92 budget figure is greater then 90-9i, because bookeeper only workes for DBA/DiD 4 months during 90-91 Liability insurance $1,000,000 general liability Figures sh6wn refIect no change from 90-91 ~ ..... Ca,lfornla Figures ~own reflect ~onf ......es Spring and Fall" ~' ' Downtown Assn." conference no change from 90-91 Postage District Bulletins, DID Figures shown reflect correspondance and DID no change from 90-91 pa~T~nts 3 Printing Promotion related f!yers 50%50 split .DBA\DID ' Advertising Promotion via eIectr~nic 91-92 represents or print media for Street an increase over 90-91 Faires, parades, sidewalk sales, etc. Parades 91-92 represents an i'ncrease over 90-91 Christmas decorations 91-92 represents an increase over 90-91 Street Faire permits, police services, 91-92 represents an street sweeping and Other increase over 90-91 related expenses S=a5~ .... ,=~,,,~.,= banta claus, ';It's a Wrap" 91-92 represents an (gift wrapping for retailers) increase over 90-91 Basic Service Charge Monthly Charges- 50\50 split DBA/DID Mist/other Expenses that don't fit 91-92 'represents an into other categories increase over 90-91 Fox Theater \ Expenses related to Until that point of promoting the idea of time' when the theater saving the Fox Theater can be acquired th~s expense will be at a ,M MORANDUM ~e~te. mber 30, 'i99'1 TO= KEN PETERSON, Vice Mayor FROM: LAWRENCE M. LUNARDINI, City Attorney SUBJECT: AHEND~ TO BAKERSFIELD MUNICIPAL CODE SECTIONS 8.20.040, 8.20.060, 8.20.120(B), 8.20.130, 8.20.140 AND 8.20.150 (A) RELATING TO PEST ABATENRNT Please refer the following proposed ordinance to whichever'committee you deem appropriate: ~/~.~AMENDMENT~./~/~. _TO PEST ABATE~mm~T ORDINANCE. ~[~%Backcjz'ound: The above sections as they presently read give the property owner until August 15th following the completion of any pest abatement to pay the amount assessed against the property before a lien is placed on the city tax roll and become collectable by the County Tax Collector. However, I have been informed by the Finance Department that the County Tax Assessor needs this information prior to July 30th of any given year so that the tax roll may be brought up to date. Therefore, by amending the above sections to give the property owner until June 30th following the completion of any pest abatement on his or her property, we thereby give the Finance Department sufficient time to notify the County Tax. Assessor to place the balance of the unpaid lien on the Assessor's rolls for collection in that year. Also, changes have been made to include administrative~ service charges and interest be assessed upon failure to pay the assessment within 60 days. Pest abatement is the responsibility of the Community Services Department and this amendment clarifies this. MGA\meg ORD-REF\ PESTABAT.MEM cc: Gregory J. Klimko, Finance Director Lee Andersen, Community Services Director Ed Schulz, Public Works Director DRAFT O[:~DINANCE NO. AN ORDINANCE AMENDING SECTION 8.20.040, . SECTION 8.20..060, SUBSECTION B. OF SECTION 8.20.120, ADDING SUBSECTION E. TO SECTION 8 . 20 . 130 , AMENDING SECTION 8 . 20 . 140 , SUBSECTION A. OF SECTION 8.20.150 OF THE BAKERSFIELD MUNICIPAL CODE. RELATING TO PEST ABATEMENT. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 8.20.040 of the Bakersfield Municipal Code is hereby amended to read as follows: 8.20.040 Method of extermination. Such nuisances shall be abated by spraying, safely and in conformance with all applicable laws and regulations, and infected trees or shrubs with an insecticide or fungicide, or otherwise treating them, as the particular case may require, so as to completely exterminate such parasites or insect pests from the trees or shrubs affected; provided, whenever any tree or shrub is found to be in such a condition from the infection of parasites or insect pests that, in the opinion of' the community services director ~r his authorized representative (hereinafter in this chapter referred to as.the "director") it'is impossible to save it, the owner of the land'on which such tree or shrub is growing shall completely destroy the same by removing such. SECTION 2. Section 8.20.060 of the Bakersfield Municipal Code is hereby amended to read as follows: . · 8.20.060 NOtice to exterminate - Form. Said notices shall be substantially in the following form: NOTICE TO DEsTRoy TREE pESTS NOTICE IS HEREBY GIVEN, pursuant to the provisions of Chapter 8..20 of the Bakersfield.Municipal Code, that certain trees and shrubs on property assessed to you in the City of Bakersfield are infested or infected with parasites or insect pests which should be exterminated by spraying them or by trimming said trees and shrubs, or otherwise exterminating 'said parasites or insect pests as directed by the Community Services Director, otherwise said parasites or pests may spread to, and injure or destroy other trees or shrubs in the neighborhood, and that such condition constitutes a public nuisance. ~ YOU ARE HEREBY NOTIFIED to exterminate said parasites or insect pests within seven (7) days from'the date of this notice. If not abated within such time, 'the City of Bakersfield will abate~such public nuisance or cause the same to'be abated, in which case the expense thereof will be assessed upon your property and will constitute a tax lien thereon as provided in Chapter 8.20 of the Bakersfield Municipal Code and will be collected on the tax roll upon'which property taxes are collected. YOU ARE FURTHER NOTIFIED to appear before the City Council of the City of Bakersfield on , at the hour of 7:00 P.M. in the Council Chambers in the City Hall, 1501 Truxtun Avenue, Bakersfield, California, and show cause, if any you have, why said nuisance should not be found to exist and the same ordered abated as provided in said ordinance. Dated: Community .Services Director of the City of Bakersfield. SECTION 3. SUbsection B. of Section 8.20.120 of the Bakersfield Municipal Code is hereby amended to read as follows: 8.'20.1.20 Report and assessment' list - Notice of filing. B. Said notices shall be substantially in the following form: NOTICE OF FILING REPORT AND ASSESSMENT LIST FOR EXTERMINATING TREE PESTS, AND OF HEARING _THEREON NOTICE IS HEREBY GIVEN that the Community Services Director of the City of Bakersfield has filed with the City Clerk of said city a report and assessment list covering the cost of exterminating parasites and insect pest from trees and shrubs growing on private property in said city, a copy of which is posted on the bulletin board near the Council Chambers in City Hall. '~ 2 - Your property is assessed-therein in the sum of $ . NOTICE IS FURTHER GIVEN that on at the hour of 7:.00 P.M.-in the Council Chambers in said City Hall said report and assessment list will be presented to the City Council of said city for consideration and confirmation, and any and all persons interested, having any objections to said report and assessment list, or to any other matter or thing relating thereto, .may appear 'at said time and place and be heard. NOTICE IS FURTHER GIVEN that you may pay said assessment, along with all accrued· administrative service'charges and interest~, at the office of the'Finance Director of the City of Bakersfield at any time before 5:'00 P~M., June 30, 19 , and if not paid within that time it will be entered against your property on the city tax roll. Dated: Community Services Director of the City of Bakersfield SECTION 4. SubsectiOn E. of Section 8.20.130 is hereby added to the Bakersfield Municipal Code to read as follows: 8.20.130 Hearing and confirmation. E. Ail such assessments remaining unpaid sixty (60) days after the date of recording shall become delinquent. An additional ten percent (10%) administrative service charge and interest at the rate of one percent (1%) per-month will be added 'to any assessment which is delinquent. Should the city resort to court action to collect amounts due, the city shall be entitled also to collect its reasonable costs. SECTION 5. Section 8.20.140 of the Bakersfield Municipal Code is hereby amended to read as follows: 8.20.140 Payments to finance director. Any property owner may, at any time prior to 5:00 P.M. on June 30 following the completion of said work, pay the amount assessed against his property, along with all accrued administratiVe service charges and interest, at the office of the - 3 - finance director of the city at-City Hall, 1501 Truxtun Avenue, and the lien thereof against the property affected shall be released. SECTION 6.. Subsection A. Of section 8.20.150 of the Bakersfield Municipal Code is hereby amended to read as follows: 8.20.150 Collection of assessments as taXes. A. After said June 30th, the city finance director shall cause the amounts of said assessments, along with all accrued administrative service charges and interest, remaining unpaid against the respective lots or parcels of land to be entered and extended on the property tax roll, and pursuant to law, the county tax collector shall include the sum of the tax bills apPlicable to such property. SECTION 7. This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective thirty (30) · days from and after the date of its passage. o0o - 4 - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on bY the following vote: ' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED cLARENcE E. MRDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield MGA/meg PESTABAT.O-4 9/30/91 - 5 - MEMORANDUM November 13, 1991 TO: VICE-MAYOR KEN PETERSON LAWRENCE M. LUNARDINI, CITY ATTORNEY ~ ~OM: SUBJECT: AMEND~ TO CHAPTER 5.16 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO CARDROOMS. Please refer the following proposed ordinances to whichever committee you'deem appropriate: AMEND~NTTO CHAPTER 5.16 RELATING TO CARDROOMS. Background: Requirements for business regulatory permits under Municipal Code Title 5 are being updated and the ordinance format is being standardized. The allowable number of tables is being increased from 3 to 8 to be compatible with County regulations. The number of / players per table is being increased from 8 to 10 because a certain legal game requires 10 players and under the ~l~~ current ordinance cannot be played in Bakersfield. LCM/meg ORD-REF\ CARDROOM.VM Attachment cc: Chief R. A. Patterson, Police Department Bill Descary, Treasurer MEMORANDUM ~OV ~ ~ 19§1 November 25, 1991 · CIT{ MA;'~AGER'S OFF.'.'CE TO= JOHN STINSON, Assistant to City Manager FROM: LAWRENCE M. LUNARDINI, City Attorney ~ SUBJECT= REVISION TO PROPOSED AMENDMENT TO CHAPTER 5.16 RE CARDROOMS REFERRED TO BUDGETANDFINANCE COMMITTEE Attached is a revised draft copy of the proposed ordinance which was recently referred to Budget and Finance Committee for review and recommendation. The following revision was made: Chapter 5.16 - Cardrooms. The language was amended in Subsection G of Section 5.16.040 (page 4). New wording is highlighted. Please replace the attached copy and provide the committee members with a corrected copy. Thank you. LCM/meg MEMO \ STINSON.O-4 Attachment ORDINANCE NO. 11/22/91 AN ORDINANCE OF THECOUNCIL OF THE CITY OF BAKERSFIELD AM~WDING CHAPTER 5.16 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO CARDROOMS. BE IT ORDAINED by the Council of the City of Bakersfield as'follows: SECTION 1. Chapter 5116 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 5.16 CARDROOMS Sections: 5.16.010 Definitions. 5.16.020 Permit required. 5.16.030 Application - Issuance - Fee. 5.16.040 Regulations. 5.16.050 Revocation. 5.16.060 Appeal. .' 5.16.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "Cardroom" is any space, room or enclosure, ~ furnished or equipped with a table used-or intended.to be.used as a card table for the playing of cards and similar games, and the use.of which is available to the public or any portion of the public; provided, that a cardroom 'shall not be a room to whiCh the public is admitted and in which the sole card game played is duplicate bridge. B. "Person" means any individual, partnership, corporation or association .of any nature whatsoever. 5.16.020 Permit required. It is unlawful for any person to' keep, maintain, operate or be employed in a cardroom in the city in violation of this chapter, or without having first procured and maintained a valid permit from the city manager or his designee. 5.16.030 Application -Issuance - Fee. A. Applications for permits under this section shall be made on forms to be furnished by the city manager or his designee, shall be submitted no less than fourteen days prior to commencement of business, shall be signed under penalty of~ perjury by the applicant and shall require the following information: 1. The name, mailing address, title, telephone number, previously used names, date of birth, sex., height, weight, eye color, hair color, driver's license number, social security number, and arrest record, if any, of the applicant, all persons who will be employed by the business, and all persons having a financial interest in the business; 2. The name, mailing address and location of the business;, and 3. The business tax certifiCate number of the business. 4. Prior permits held and whether such permits were ever revoked or suspended, and the reasons therefor.' B. The city manager or his designee shall, in his' discretion, issue a permit if he finds: 1. That the application is complete and truthful; 2. That neither the applicant nor any of his employees nor any person having a financial interest in the business has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, unless he has obtained a certificate of rehabilitation~ 3. That neither the applicant nor any of his employees nor any person having a financial interest in the business has done any act involving dishonestY, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another. 4. That the building and'the business for which the application is made will be maintained and conducted in accordance with all laws of the city and the state, including, but not limited to health, structural soundness, fire safety and zoning. 5. That a valid business tax certificate has been issued for thi~ cardroom. - 2 - 6. That the applicant has not had a permit, issued under this section, revoked in the past five years, unless the city manager finds that the reasons for such revocation are unrelated to this application. C. All permits issued under this chapter shall remain in effect until December 31 of the calendar year of issue, unless earlier suspended or revoked. All permits issued under this chapter and in effect at the time of passage of the ordinance enacting this chapter, shall remain valid until. December 31' of the year of.such enactment, unless earlier suspended or revoked. D. The applicant shall pay a fee not to exceed the cost Of processing any such application and inspecting such business as'set forth in Section 3.7.0.040. E. Permits may be issued with conditions to ensure that the cardroom will be operated in a safe .and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. F. All applicants for a permit pursuant to this chapter shall'be required to.be fingerprinted and photographed by the Bakersfield police department. 5.16.040 Regulations. A. No person shall be granted a permit to conduct more than one cardroom or to'maintain branch locations. B. No cardroom shall operate at any time unless there is displayed in a location clearly visible to the public a valid permit, issued pursuant to the provisions of this 'chapter, to so operate. C. Any permit issued pursuant to this chapter shall be non-transferrable, and shall be valid only as to the applicant ~ and location provided on-the application'for such permit. D. No more than. eight cardroom permits shall be issued and outstanding in the city at any one time. E. Not more than one cardroom shall be located at any one address. F. No person'shall deal, play, carry on, open, cause to be opened, or conduct any.game of faro, monte, roulette, lansquenet, rouge-et-noir, rondo, fan, fan-tan, stud-poker in any of its various, forms, seven and one-half, twenty-one, hokey- pokey, or any banking or percentage game played with .cards, dice, dominoes or any device, for money, Chips, checks, credit or other representative of value, or bet at or against any of the prohibited games in any cardroom. G. Not more than eight tables upon which any.game of cards is played shall be permitted in any cardroom. H. Not more than ten players shall be permitted at any one card table. I. Cardrooms shall be located on the ground floor of the building in which they are located. J. No minor shall be permitted in any cardroom, or participate in any game played thereat. K. No person Shall conduct or operate, or permit to be conducted or operated, a cardroom between the hours of two a.m. and six a.m. of the same day, nor' shall any person, except the owner, manager or employee be, or remain, on the premises of a cardroom between the hours specified in this section. L. Ail cardrooms shall be open to police insPectiOn at any time. M. No alcohol may be served'or consumed in any cardroom, nor may any entrance to or from any pool hall or place where any alcoholic beverage is served or sold be permitted in any cardroom. N. The cashing of bank checks for players shall not be permitted in any cardroom. O. Each card table shall be assigned'to a person whose duty shall be to supervise the game and see to it that it is played strictly.in accordance with the terms of. this chapter, and with the provisions of the Penal Code of the State. This person may have more than one table under his supervision. He shall not, however, participate.in any game. P. Ail employees of the- cardroom shall, at all times while in the cardroom,, wear on their person, in plain view, a cardroom employee identification card so as to be readily identified as an employee by anyone who enters the cardroom. Q. No signs or insignia advertising or relative to cardrooms shall be permitted upon the exterior of any. premises uSed.as a Cardroom. - 4 - R. No person who is intoxicated shall be permitted in a'cardroom. S. No person who has been convicted of bookmaking, sale of controlled substances or illegal gambling, activities shall be permitted in a cardroom. T. No owner, operator or employee of a cardroom shall issue chips or money to a patron on credit or loan (including, but not limited to, the use of IOU's, checks to be held, credit cards, or any transfer of anything of value without receipt of simultaneous payment or compensation therefor in a sum of United States currency or coin of. equal value) or allow any patron to · play on credit. U. The provisions of subsections A, C, E, G, I, J and K shall not'apply to a nonprofit fraternal or labor organization. V. It shall be the duty of the permit holder to notify the administrative, vice division of the 'police department, and the treasurer's office, in writing, upon the severance of any. cardroom employee. 5.16.050 Revocation. Any permit issued pursuant to this chapter shall be immediately revoked by the city manager whenever he finds: A.. That misrepresentations were made on the application; or B. That the applicant has been convicted of a crime substantially related to the qUalifications, functions or duties of the business for which application is made,'.unless he has obtained a certificate of rehabilitation; or C. That the applicant has dohe any act involving. dishonesty, fraUd or deceit with the intent to substantially benefit himself or another, or substantially injure another; or D. 'That any of the terms or conditions of Said permit have been violated, or that the business has been operated in violation of loCal, state or federal law. 5.16.060 Appeal. A. Should.any applicant be dissatisfied with the decision of the city manager or his designee not to grant a permit or for 'the revocation of a permit, then said applicant may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant - 5 - or permittee at the address providedon the application,, make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear said objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant shall.be given written notice no less than three days prior to said hearing. The council may, upon said.hearing, sustain, suspend or overrule the decision of the city manager, which decision shall be final and conclusive. B. Pending the hearing before the council, the decision of the city manager shall remain in full force and effect and any reversal thereof by the city council'shall not be retroactive but shall take effect as of the date of the council's decision. SECTION 2. This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become 'effective thirty (30) days from and after the date of its passage. o0o .......... - 6 - I FR. wRmy CERTIFY that the 'foregoing Ordinance'was passed and adopted by the Council of.the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED CLARENCE E. MR~DERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield LCM/meg BUS-ORD\ CARDRM2.O-4 11/22/91 - 7 - ~M~E M O R A N D U M November 13, 1991 TO: VICE-MAYORKEN PETERSON FROM: LAWRENCE g. LUNARDINI, CITY ATTO~NEY~ SUBJECT: ~ TO CHAPTER 5.40 OF THE BAKERSFI~T.~ MUNICIPAL CODE RELATINGTO POOL H~T.?.S. Please refer the following proposed ordinances to whichever committee you deem appropriate: AMENDMENT TO CHAPTER 5.40 RELATING TO POOL HALLS. BaCkqround: Requirements for business regulatory permits under Municipal Code Title 5 are being updated and the developed for permit issuance that are lacking in the ordinance format is being standardized. Standards were ~.~~/~ current ordinance'. An appeal procedure has been developed for denial of a permit. LCM/meg ORD-REF\ POOLHALL.VM Attachment cc: Chief R. A. Patterson, Police Department Bill Descary, Treasurer DRAFT ORDINANCE NO. 11/7/91 AN .ORDINANCE AMENDING CHAPTER 5.40 OF TEE BAKERSFIELD MUNICIPAL CODE RELATING TO POOL HALLS. BE IT ORDAINED by the Council of the City of. Bakersfield as follows: SECTION 1. Chapter 5.40 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 5.40 POOL HALLS Sections: 5.40.010 Definitions. 5.40.020 Permit required. 5.40.030 Application - Issuance - Fee. 5.4.0.040 Regulations. 5.40.050' RevocatiOn. 5.40.060 Appeal. 5.40.010 Definitions. Whenever used in this. chaPter, unless a different meaning clearly appears from the context, the words Set out in this section shall have the following meanings: A. "Pool hall" means any.public place wherein equipment for the playing of billiards, pool or other similar games is kept or maintained for use by patrons. B. "Person" means any individual, partnership, corporation or association of any nature whatsoever. 5.40.020 Permit required. It is unlawful for any person to keep, maintain or operate a pool hall in the city in violation of this chapter, or withou~ having first Procured and maintained a valid permit from the city manager or his designee. 5.40.030 Application - Issuance - Fee. A. Applications for permits under this section shall be made on forms to be furnished by the city manager or his designee, shall be .submitted no less than fourteen days prior to commencement of .business, shallfbe signed under.penalty of perjury by the.applicant and shall require the following information: 1. The name, mailing address, title, telephone number, previously used names, date of birth, sex, height, weight, eye color', hair color, driver3s license number, social security number, and arrest record, if any, of the applicant, all persons who will manage the business, and all persons having a financial interest in the business; 2. The name, mailing address and location of the business; 3. The business tax certificate number of the business; and 4. Prior permits held and whether'.such permits were ever revoked or suspended, and the reasons therefor. B. The city manager or his designee shall, in his discretion, issue a permit if he finds: 1. That the application is complete and truthful; 2. ~hat neither the applicant nor any manager of the business nor any person having a financial interest in the business has been convicted of a. crime substantially'related to' the qualifications, functions or duties of the business for which application is made, unless he has obtained a certificate of rehabilitation; 3. That neither'the applicant nor any manager of the business nor any person having a'financial interest in the business has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; 4. That the building and the business for which the application is made will be maintained and conducted in accordance with all laws of. the city and the state, inc%uding, but not limited to health, structural soundness, fire safety and zoning; 5. That a valid business tax certificate has been issued for this'po°l hall; -- 2 -- 6. That the applicant haS .not had a 0ermit, issued under this section, revoked, unless the city manager finds that the reasons for such revocation are unrelated to this application% C. All permits issued under this chapter shall remain in effect until December 31 of the calendar year of issue, unless earlier suspended or revoked. All permits issued under this chapter and in effect at the time of passage of the ordinance enacting this chapter, shall remain valid until December 31 of the year of such enactment, unless earlier suspended or revoked. D. The applicant shall pay a~fee not to exceed the cost of processing any such application and inspecting such business as set forth in Section 3.70.040'~ E. .Permits may be issued.with conditions to ensure that the poolhall will be operated°in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not consuitute an undue burden on city.resources. 5.40.040 Regulations. 'A. No pool hall shall operate at any time unless there is displayed in a location clearly visible to the public a valid permit, issued pursuant to the provisions of this chapter, to so operate. B. Any permit iSSued'pursuant to this chapter shall be non-transferrable, and.shall be valid only as to the applicant and location provided on the application for such permit. C. No person under the age of. eighteen years shall be permitted to be in, remain in, enter or visit any pool hall if any alcoholic beverage is sold, served or consumed on the premises. D. It is unlawful for. any person unde~ the age of eighteen years to visit, enter or remain in or about any public pool hall where any alcoholic beverage, is sold, served .or .consumed. E. No card tables or cardplaying of any description whatsoever shall be permitted or allowed in any pool hall, nor shall any pool hall be Operated Or maintained adjacent to any place where cardptaying is allowed. F. No person who is intoxicated shall be permitted, in a pool hall. - 3 - G. No person shall conduct or opera%e, or permit to be conducted or operated, a pool hall between'the hours of two a.m. and six a.m. of the same day, nor shall any person, except the owner, manager.or employee be, or remain, on the premises of a pool hall between.the hours specified in this section. These hours shall not apply to any establishment having four or fewer pool or billiard tables where the establishment is a restaurant or cafe which remains open to the public for'tweNty-four hours per day. 5.40.050' Revocation. Any permit issued pursuant to this chapter shall be immediately revoked by the city manager whenever he finds: A. That misrepresentations were made on the appli- cation; or B. That the applicant has been convicted of a crime substantially related to the qualifications, functions or duties. of the business for .which application is made, unless he has obtained a certificate of rehabilitation; or C. .That the applicant has done any act involving dishonesty, fraud' or deceit with the intent to substantially benefit himself or another, or substantially injure another; or D. That any of the terms or. conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law. 5.40.060 Appeal. A. Should any applicant be dissatisfied with the decision of the city manager or his designee not to grant a permit or for the revocation of a permit, then said applicant may, no later than ten days after, notice of such decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the application, make written objection to the city council setting forth the grounds for .dissatisfaction, whereupon the council shall hear said objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to said hearing. The council may, upon said hearing, sustain, suspend or overrule the decision of the city manager, which decision shall be final and conclusive. B. pending the hearing before the council, the decision of the city manager sha%l remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council's decision. SECTION 2. This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ~ ......... o0o I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a'regular meeting thereof held on , by the following vote: CI~I CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED CLARENCE E. M~nDERS MAYOR of.the City of Bakersfield APPROVED 'as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield LCM/meg BUS-ORD\ POOLHALL.O-2 12/17/90 11/7/91 - 6 - M-EM A N D U M November 13, 1991 TO: VICE-MAYOR KEN PETERSON FROM: LAWRENCE M. LUNARDINI, CITY ATTORNEY SUBJECT: A~mm~D~ TO CHAPTER 5.18 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO RESIDENTIAL SOLICITATIONS. Please refer the following proposed ordinances to whichevercommittee you deem appropriate: AMENDMENT TO CHAPTER 5.18 RELATING TO R~S!DENTIAL SOLICITATIONS. Background: The current charitable solicitation ordinance requires each non-profit organization that solicits to have obtained federal and/or state tax exemption as the sole basis for permit issuance. Other possible requirements i~l~ <.[~.~v '~__ such as financial reporting and contribution percentages to be realized by a charity are constitutionally prohibited. The character of each solicitor cannot be investigated as a basis for permit issuance. Moreover, certain worthwhile fund raisers cannot .obtain a permit ~% they cannot obtain tax exempt status. This because complicates uniform code enforcement. Working in conjunction with the Police Department Vice Division,,_the proposed Residential Solicitation Ordinance' was drafted to address the concerns meant to be covered by the current ordinance. It requires registration of every person over age 16 whO.intends to solicit. It is recommended the Residential Solicitation Ordinance replace the current Charitable Solicitation Ordinance. LCM/meg ORD-REF\ RES-SOLI.VM Attachment cc: Chief R. A. Patterson, Police Department Bill Descary, Treasurer DRAFT 11/7/91 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5.18 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO RESIDENTIAL SOLICITATIONS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 5.18 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 5.18 RESIDENTIAL SOLICITATIONS Sections: 5.18.010 ·Definitions. 5.18.020 Registration required. 5.18.030 Registration. 5.18.040 Regulations. 5.18.010 Definitions. Whene~er used in ~hiS chap=er, unless a different meaning, clearly appears from ~he context, the words set forth in this section shall have the following meanings: A. "Person" means any individual, partnership, corporation or association of any nature whatsoever. B. "Residential solicitation" means the uninvited entry onto property in a residen~iai zone to sell goods or services, or to request or collect donations. C. ,'Residential zone" means the following zones in the city: R-l, R-2, R-3, R-4, R-S, E and RH. 5.18.020 .Registration required. It is unlawful for any person over the age of sixteen years to conduct or paruicipa~e in a residential solicitation in vioiaUion of this chapter, or without having first registered with· the city manager or his designee. 5.18.030 Registration. A. Each person shall, no less than twenty-four hours prior to commencing any. residential solicitation, register with the city manager or his designee. B. Each registrant shall provide his name, address, driver's license number, social security number, the name and address of each organization on behalf of which the solicitation will be made, and the specific dates during which the residential solicitation will be' conducted, not to exceed ninety days. C. The city manager or his designee shall issue a registration card to each registered person. Such card shall contain the name- of the registered person, the name of the organization on behalf of which the solicitation will be conducted and the dates during which such solicitation may be conducted. D. There shall be no fee for registration under .this chapter. 5.18.040 Regulations. A. Each registered person shall obtain all other permits required by-federal, state and local law for the activities he or she intends to conduct, if any are so required. B. All residential Solicitations shall be conducted in accordance with federal, state and local law. C. No registered person shall conduct a residential solicitation on dates other than those specified' on the registration card. D. Any registration card issued pursuant to this chapter shall be non-transferrable, and shall be valid only as to the.person whose name appears on the card. E. No.residential solicitation may be conducted between 8:00 p.m. and 8:00 a.m. of the following day. SECTION 2. This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become .effective thirty (30) days from and after the da~e of its passage. o0o - 2 - I HEP~EBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: ' CITY CLERK and Ex Off. icio 'Clerk of 'the Council of the City of Bakersfield APPROVED C~CE E. M~DDERS MAYOR of the.City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield' LCM/meg BUS-ORD\ SOLICIT.O-4 11/7/91 - 3 - ~'-,M'EI M O R A N 'D U M ~-~_~._ ~' November 8, 1991 TO: VICE-MAYOR KEN PETERSON FROM: LAWRENCE M. LUNARDINI, CITY ATTORNEY SUBJECT: AMENDMENT TO SUBSECTION B OF SECTION 3.16.050 RE USE OF BICYCLES AND TOYS FOR PREVENTION OF JUVENI~.~. DELINQUENCY. Please refer the following proposed ordinances to whichever committee you deem appropriate: AMeNDMEnT TO SUBSECTION B OF SECTION 3.16.050 RE USE OF BICYCLES AND TOYS FOR PREVENTION OF JUVENILE DELINQUENCY. BackcFround: Currently the BMC provides that bicycles or toys held at least three months and unclaimed may be given only to the ~ .~ Probation Department or County Human Services Department. Each year, however, the Police Chief receives requests for bicycles and toys from churches, schools, and other valid charitable organizations. This ordinance will allow the Police Chief to turn these bicycles and toys \~,~'~', over to such organizations for use in programs he determines will benefit the citizens of the City. LCM/meg ORD-REF\ BICYCLE.VM Attachment cc: Chief R. A. Patterson,.Police Department Gregory J. Klimko, Finance Director DRAFT ORDINANCE NO. AN ORDINANCE AMENDING SUBSECTION B OF SECTION 3 . 16 . 050 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO USE OF BICYCLES AND TOYS FOR PREVENTION OF JUVENILE DELINQUENCY. BE IT ORDAINED. by the Council of the City of Bakersfield as follows: SECTION 1. Subsection B of Section 3.16.050 of the Bakersfield Municipal Code is hereby amended to read'as follows: 3.16.050 Public use. of property -.Use of bicycles and 'toys for prevention of juvenile delinquency_. B. Any bicycles or toys, or both, in the possession of the chief of police, which have been unclaimed for a period of at least three months may, instead of being sold at Public auction, be turned over to the county probation officer, the County Human Services Department or used in any program or activity which the chief of police determines, in the exercise of reasonable discretion, will further the health, safety or welfare of the citizens of the city. SECTION 2. This Ordinance shall be posted in'accordance with the Bakersfield Municipal Code and shall become effective thirty (30) days' from and after the.date of its passage. o0o I HE~Y CERTIFY that the foregoing'Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: ' CI~I CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED CLARENCEE. MR~DERS MAYOR of the City of Bakersfield APPROVED as to form: LA~CE M. LUNARDINI CITY ATTORNEY of the City.of Bakersfield LCM/meg BIKES.O-4 11/7/91 - 2 -