HomeMy WebLinkAbout1991 CITY COUNCIL REFERRAL
MEETING OF: 12/18/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM: RECORD~ 9563
Central District Development Agency Component,
Unit Financial Report and Annual Report of
Financial Transactions to the State Controller
for fiscal year ended June 30, 1991.
ACTION TAKEN BY COUNCIL:
RECEIVE AND REFER TO BUDGET AND FINANCE
COMMITTEE. APPROVED AA,
BACKUP MATERIAL ATTACHED: NO
.DATE FORWARDED BY CITY CLERK' 12/20/91
STATUS:
PLEASE ENTER THE STATUS'INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE,
CITY COUNCTL REFERRAL
MEETING OF: 11/20/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM: RECORD~ 9402
Communication from Peter H. Parra, Citizens
Advisory Counci] Chairman, dated November 14,
1991, regarding 90-day extension of incentive
area office.
ACTION TAKEN BY COUNCIL:
RECEIVE AND REFER TO BUDGET AND FINANCE
COMMITTEE. APPROVED AA.
BACKUP MATERIAL ATTACHED: YES
DATE FORWARDED BY CITY CLERK: 11/22/91
STATUS-
PLEASE ENTER THE STATUS INTO THE PRIME COHPUTER
COUNCIL REFERRAL TRACKING SYSTEH AS PROGRESS IS HADE.
November 14, 1991
Honorable Mayor and Members of the City Council
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, California 93301
Dear HOnorable Mayor and Councilmembers,
The City of Bakersfield and County of Kern currently lease space for the Incentive Area
Information Center at 1720 South Union Avenue, Suite 101. The lease for this office space
expires December 31, 1991.
On October 31, the Executive Committee of the CAC discussed the expiration of the lease. On
NoVember 14, this issue Will be referred to the CAC's Outreach-Promotion Committee at our
regularly scheduled meeting. This committee is exploring the role played by the Information
Center in promoting the Incentive Area.
The Community Advisory Council respectfully reqUests that the City Council appropriate funds
for an additional 90-day extension to the lease. This 90-day period will allow the committee to
fully examine this issue and report to the full CAC. The CAC, in mm, will make
recommendations to both the City Council and Board of Supervisors regarding the Incentive Area
Information center.
Sincerely,
Peter H. Parra
Chairman
Community Advisory Council
dl~ease, ext~sion
CITY COUNCIL REFERRAL
MEETING OF: 11/20/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM: RECORD~ 9461
Building Improvement District tax. (DeMond)'
ACTION TAKEN BY COUNCIL:
REFER TO BUDGET AND FINANCE COMMITTEE, APPROVED.
BACKUP MATERIAL ATTACHED: NO
DATE FORWARDED BY CITY CLERK: 11/22/91
STATUS-
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE,
.. .//.///× ;. - ..-. .
~-~'~ .~-~:'~.~ ~ ;., .'.
C A L I F 0 R N I A -
CENTRAL DISTRICT DEVELOPMENT AGENCY
November 13, 1991
Mr. Bruce Keith
Downtown Business Association
1401 - 19th Street
Suite 101
Bakersfield, CA 93301
Dear Bruce:
This letter is being sent to follow-up several conversations
regarding the preparation of the DBA's FY 91-92 budget.
According to'Jake Wager, the budget information was to be
submitted last week. Please advise us as to when we can expect
the requested information.
As was indicated in my letter dated October 16, 1991, I have set-
aside time in my work schedule to assist you with the DBA's
budget preparation. I am somewhat concerned since we are well
into the fiscal year and we still have not received the
information. Please respond to this request at your earliest
convenience, but no later than Wednesday, November 20, .1991.
I look forward to working with you on this project. Should you
have any questions please call me at 326-3765.
Sincerely,
Maurice Randall
Business Manager'
cc: Jake Wager
John·Stinson
lm:MR2
KEITH1.LTR
1501 TRUXTUN AVENUE · BAKERSFIELD, CALIFORNIA 93301 · (805) 326-3767
BAKERSFIELD BUSINESS ASSOCIATION
November 25, 1991 ~-~~%~~
City Manager
1501 Truxtun Avenue.
Bakersfield, Calif 93301 G%~~N~GS~$ OF~G~
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 required under Agreement
No. 90-192, titled 'CONTRACT WITH THE BAKERSFIELD D~NTOWN 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 $3'5,000, 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 forth-above was to avoid such a problem,
and ~ s~ no basis for the City to withhold these funds.
Pres~--d~5~ x
BRK/cb
cc: Lawrence Lunardini
1401 - 19th Street, # 101 · Bakersfield, CA 93301 · (805] 325-5892
CJly {if Bakersfield
TRANSMITTAL SLIP Date ............ !. ................. .,,%,. .............
From ......... ~.....~......~......_~.....~.~.L.~......~..., ~
For Your:-- ~~ ........................................... -
Signature l'-i Action ,~~tJ~33~3tion 1"1 File
Please :--
[] Return [] See Me [] Follow Up [] Prepare Answer
Copy to: ·
Memo: ....................................................................................................
............................................ ..........................
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........................... ..:::.: ....... ~..:~...l.~.~] ................................................
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BAKERSFIELD BUSINESS ASSOCIATION
November 13, 1991
Mr. Jake Wager
515 Truxtun Avenue
B~k~rs~i~d~ CA 93301
Dear Mr. Wager:
P~ease find enclosed the following:
Budget Report for 91-92
Downtown Improvemen~ Distric~
Budget Report for 91-92
Downtown Business and Property Owners Association
Description and Justification for Expenses
$ 1919-92 Performance Objectives for Business Improvement Distric~
In closing, if you wish to discuss this, p~ease do not hesitate
to cat~ (805) 322-2061.
Sincerely,
B[K: ~m
Enclosures
1401 - 19th Street, # 101 · Bal<ersfield, CA 93301~ · [805) 325-5892
BUDGET REPORT citydid.wk
FOR k991-92
DOWI'41'OWN BUSINESS AND PROPERTY OWNERS ASSOCIATION
PROPOSED
CATEGORY DESCRIPTION ACTUAL ACTUAL BUDGET
NUMBER 1989-90 19'90-91 1991-92
ExPENsEs
CARRY OVER PREV YEAR 543.90 -1292.49 -853.35
500 SALARIES 20080.65 16467.16 17500.00
501 PAYROLL TAX 7506.10 4911.40 5100.00
502 WORKMEN,S COMP. 235.28 134.03 150.00.
503 MEDICAL INSURANCE. 697.20 697.20 750.00
$10 RENf OFFICE. 5800.00' 4430.00 720.00
511 OFFICE SUPPLIES 1988.20 182!.94 1800.00
512 TELEPHONE 842.10 1295.77 1300.00
51~-, OFFICE EQUIPMENT 542.83 2513.46 5000.00
514 HISTORICAL 34.46 187.13 150.00
f, 16. 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
f.'22 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 1411.56 1390'90 1400.00
546 FUND RAISING EXPENSE 3921.66 5106.79 5000.00
547 PETTY CASH 1100.02 1125.00' 1000.00
548 BANK SERVICE CHARGE 123.45 283.75 300.00
549 MISC/OTHER 2731.53 1254.67 2000.00
549GOLF GOLF TOURNAMENT 3124.36 2655..06 3000.00
549URhl URM EXPENSES 0.00 2554..85 1000.00
TOTAL EXPENSES 53789.41 51532.52 51735.00
199 I --92 Performance Object i yes
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 (Tegel.er 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 Decorati.ons - arrange for the
purchase and·display of downtown holiday
decorations.
Media and Public aware'ness 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 Block Program".
BUDGET REPORT
FOR 1991-92
DOWNTOWN IMPROVEMENT DISTRICT
PROPOSED
CATEGORY DESCRIPTION ACTUAL ACTUAL BUDGET
NUMBER 1989-90 1990-91 1991-92
INCOME
DID400 INTEREST 345.52 350.30 350.00
DID449 MISC/OTHER 115.00 211.23 200.00
DID450 ASSESSMENT 36500.00 37200.00 35000.00
DID45i DBA CONTRIBUTION 6000.00 18250.00 7500.00
DID441 MIXERS 678.55 688.91 600.00
DID443 PARADES 408.00 640.56 600.00
DID444 CHRISTMAS DECOR' 4851.98 717.85 1200.00
DID445 STREET FAIRE 7445.i6 8i34.70 9500.00
DID446 PROMOTION 0.00 iO0.O0 1400.00
DID449 MISC/OTHER DID 654.0i i45.89 500.00
DID450 FOX THEATER PROMOTION 0.00 7866.78 500.00
DID465, AD REVENUE 0.00 0.00 2400.00
¥OTAL INCOME 56998.22 74306.22 59750.00
EXPENSES
CARRY OVER PREVIOUS YEAR 158.32 203.02 209'.62
DIDSO0 MGMT FEE PD TO DBA 2334i.35 i8878.41 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
DIDSi4 HISTORICAL DID 129.29 136.11 125.00
DID52i ACCOUNTING FEE DID 0.00 123.25 450.00
DID522 LIABILITY INSURANCE DID i039.00 1407.39 1450.00
DID523 CONFERENCES DID 646.33 556.75 600.00
DID530 POSTAGE DID 598.33 678.20 700.00
DID53i PRINTING DID 145.00 25.28 200.00
DID540 ADVERTISING 5349.38 7223.92 5500.00
DID543 PARADES 328.63 718.55 · 800.00
DID544 CHRISTMAS DECORATION 4197.23 1128.69 1500.00
DID545 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 MISC/OTHER DID 567.90 100.00 200.00
DID550 FOX THEATER PROMOTION 0.00 i9536.61 500.00
DIO565 DISTRICT BULLETINS DID 3094.93 3172.ii 5400.00
DIDSTO 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
EXPENSES DESCR I PT I ON JUST I F I CAT I ON
Management fee Salary, payroll 't~xes, Figures shown reflect no
paid to DBA workerman's compensation change from 90-9i
and health insurance
Office rent . Prorated bases upon Figures shown reflect
Office supplies hours devoted to DID no change from 90-9I
Telephone activity related to total
hours worked by Cathy Butler
Historical Photographs of events Figures shown r~flect
no change from 90-9I
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 reflect no
' change from 90-91
Conferences Spring and Fall "California Figures ~own'r~fl~ct'
Downtown Assn." conference no change from 90-9I
Postage District Bulletins, DID Figures sho',m reflect
correspondence and DID n0. change from 90-91
payments
Printing Promotion related flyers 50\50 split DBA\DID
Advertising Promotion via electronic 91-92 represents
or print media for Street an increase over 90-91
Faires, parades, sidewalk
sales, etc.
Parades 91-92 represents an
increase 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~aso~z=i ~%'~'iutau~z~ Santa"C~aus, ~It's a Wrap" 9i-92 represents an .....
(gift wrapping for retailers) increase-~;~er 90-91
Basic Service Charge MonthI~ Charges 50~50 split DBA/DID
Misc/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 o~
promoting the idea of time when the theater
saving the Fox Theater can be acquired this
expense will be at a
Proposed FY 91-92 Budget - Downtown Improvement District
Beginning Balance -July I ($158) $203 $818
Resources:
District Assessments ~ $36,500 $37,200 $35,000
Interest on Funds $345 $350 $350
Promotion Contributions . $0 $100 $1,400
DBA Contributions $6,000 $18,250 $7,500
Misc/Other DID $654 $146 $200
Mixers $679 $689 $600
Parades $408 $641 $600
Street Faire. $7,445 $8,135 $9,500
Fox Theater Promotion . . $0 $7,866 $500
Ad Revenue $0 $0 $2,400
Christmas Decor $4,852 $718 $1,200
Misc/Other $115 $211 $500
Total Resources $56,640 $74,509 $60,568
Expenditures:
Management Fee Pd to DBA $23,341 $18,878 $19,200
Office Rent and Parking . $4,930 $3,596 $3,600
Office Supplies $1,088 $1,565 $1,500
Telephone Expense $779 $1,024 $1,240
Historical Data $129 $136 $125
Accounting Fee $0 $123 $450
Liability Insurance $1,039 $1,407 $1,450
Conferences $646 . · $557 $600
Postage. $599 $678 $700
Printing $145 . $25 $200
Advertising $5,349 $7,224 $5,500
Parades $329 $719 $800
Christmas Decorations $4,197 $1,129 $1,500
Street'Faire $7,187 $8,494 $8,700
Seasonal Promotional $700 $5,492 $6,000
Bank Service Charge $16 $38 $40
Misc.-Others $568 $100 $200
Fox Theater Promotion $O $19,537 $500
District Bulletins $3,095 $3,172 $5,400
Clean-Ups $0 $0. $1,500
Parking Garage $2,500 $0 $0
Total Expenditures $56,637 $73,894 $59,205
Ending Balance $203 $818 $2,181
BUSINESS IMPROVEMENT DISTRICT TAX
'BAKERSFIELD MUNICPAL CODE, CHAPTER.5,04
THE FOLLOWING PAGES SHOW BUSINESS IMPROVEMENT DISTRICT INFORMATION CONCERNING:
GEOGRAPHIC AREA
CODE 5.04.040 ADDITIONAL TAX.- RATE
BUSINESS CLASSIFICATIONS AND TAX RATES
CODE 5.04.050 ADDITIONAL TAX - COLLECTION
EXAMPLES OF TAX CALCULATIONS WITHIN CLASSIFICATIONS
COLLECTION HISTORY
5.04.040 Additional tax---Rate.
There is imposed the following tax for a bUsi-
ness license for all businesses cond. ucting their
activities in a business improvement dxsmct, whiCh
is in addition to the reguiar tax imposed upon Vari-
ous businesses generally not in such business im-
provement district.
A. All businesses in such district shall be
subject to this a~iditional taxation if they. are subject
to taxation by the city under the business license
· tax ordinance, codified in Chapter 5.02.
B. The tax imposed by this Chapter as addi-
tionaltax for'.a business license shall'be based
upon the following schedule; provided, however,
that any such additional tax paid after January 1,
1991, shall be calculated using business liceme tax
rates in effect on JanuaD, 1, 1991:
CLASS i BUSINESS: (1/2 X)
BUSINESSES' IN THIS CLASS SHALL BE TAXED AS AN
ADDITIONAL TAX FOR A BUSINESS LICENSE ONE-HALF
TIMES THEIR ORDINARY BUSINESS LICENSE NOT TO
EXCEED ONE HUNDRED FIFTY DOLLARS.
ACCOUNTANTS
ANSWERING SERVICE
APPRAISALS
ATTORNEY
AUTO PARTS, WHOLESALE
BAKERY MFG.,NO RETAIL SALES
BARBER/BEAUTY SUPPLIES, WHOLESALE
CARDROOM
CHIROPRACTOR
COLLECTION AGENCY
COURT REPORTING
DENTAL LAB .
DENTIST
GEOLOGIST
INSURANCE ADJUSTER
LABOR RELATIONS
NEWSpApER
OPTICAL SUPPLIES
OPTOMETRIST
PAWNBROKER
PHYSICIAN & SURGEON
PRIVATE INVESTIGATOR
RADIO/TV STATION
SHOESHINE
CLASS i SHALL ALSO 'INCLUDE ALL BUSINESSES NOT
LISTED IN CLASS II, CLASS III OR CLASS IV BELOW
IN THIS SECTION
CLASS il .BUSINESSES: (2 X)'
BUSINESSES IN THIS CLASS SHALL BE TAXED AS AN
ADDITIONAL TAX FOR A BUSINESS LICENSE TWO TIMES
TIMES THEIR ORDINARY BUSINESS LICENSE NOT TO
EXCEED FOUR HUNDRED DOLLARS.
ADVERTISING AGENCY
APARTMENT/ROOMING HOUSE
AUTO AGENCY(NEW/USED CARS)
AUTO PARTS
AUTO REPAIR
BARBERSHOP/COLLEGE
BILLIARDS/POOL TABLES
BUSINESS SCHOOL
CLEANING & PRESSING
CLOTHING ALTERATIONS
COLLECTION AGENCY
EMPLOYMENT AGENCY
'FINANCE COMPANY
HEARING AID
JUKE BOX
LOAN/MORTGAGE FIRM
MOTOR HOME SALES
PARKING LOT
PHOTO MACHINE
PHOTOGRAPHER ONLY
PINBALL MACHINE
RADIO/TV REPAIR ..
REAL ESTATE BROKER AND SALES
SAVINGS & LOAN ASSOCIATION
SERVICE STATION
TARVEL AGENCY
WATCH REPAIR, NO SALES
CLASS III BUSINESSES: (3 X)
BUSINESSES IN THIS CLASS SHALL BE TAXED AS AN
ADDITIONAL TAX FOR A BUSINESS LICENSE THREE TIMES
THEIR ORDINARY BUSINESS LICNESE NOT TO EXCEED
FOUR HUNDRED DOLLARS.
BEER BAR
CAFE/RESTAURANT
ELECTRIC SHAVER REPAIR
HOTEL/MOTEL
INTERIOR DECORATOR, NO SALES
JEWELRY REPAIR/MFG., NO SALES
PRINTER/MIMEOGRAPH
SNACK BAR/CANDY STAND
SHOE REPAIR
STOCKBROKER & BOND BROKER
THEATER
CLASS IV BUSINESSES: (4 X)
BUSINESSES IN THIS CLASS SHALL BE TAXED AS AN
ADDITIONAL TAX FOR A BUSINESS LICENSE FOUR TIMES
THEIR ORDINARY BUSINESS LICNESE NOT TO EXCEED
THREE THOUSAND DOLLARS.
RETAIL SALES, WHERE SEVENTY-FIVE PERCENT OF THE
GROSS RECEIPTS ARE DERIVED FROM SUCH SALES.
SECONDHAND' DEALERS
CLASS V BUSINESSES:
BUSINESSES IN THIS CLASS SHALL BE TAXED AS AN
ADDITIONAL TAX FOR A BUSINESS LICENSE THE SUM OF
FIVE DOLLARS PER YEAR.
CLASS V SHALL INCLUDE RETAIL BUSINESSES WHOSE LICENSES
ARE BASED ON GROSS RECEIPTS (FALLING UNDER CLASS IV)
WHOSE GROSS INCOME FOR THE PREVIOUS YEAR IS LESS THAN
TEN THOUSAND DOLLARS AND WHOSE NET PROFITS, BEFORE OWNER'S
SALARY, ARE LESS THAN FIVE THOUSAND DOLLARS.
5.0,4.050 Additional tax---Collection.
The collection of the additional tax for a busi-
ness license for any business improvemem dismct
shall be made at the same time and in the same
manner'as any other business license tax and all
provisions of Chapter 5.02 relative to enforcement
and collection are applicable to this chapter. (Prior
'cc)cie § .6.50.060).
CLASS I
1/2 X BUSINESS LICENSE TAX , NOT TO EXCEED $150
ACCOUNTANT GROSS RECEIPTS 200,000
RATE 0.00065
BUS. LIC. TAX 130
BUS. LIC. TAX 130
B.I.D. TAX RATE 0.5
B.I.D. TAX 65
DOCTOR GROSS RECEIPTS 500,000
RATE 0.00065
BUS. LIC. TAX 325
BUS. LIC. TAX 325
B.I.D. TAX RATE 0.5
163
B.I.D. TAX 150
CLASS II
2 X BUSINESS LICENSE TAX , NOT TO EXCEED $400
SERVICE STATION GROSS RECEIPTS 200,000
RATE. 0.0003
BUS. LIC. TAX 60
BUS. LIC, TAX 60
B.I.D. TAX RATE 2
' B.I.D. TAX' 120
REAL ESTATE GROSS RECEIPTS 500,000
BROKER RATE 0.00065
BUS. LIC. TAX 325
BUS. LIC. TAX 325
B.I.D. TAX RATE 2
650
B. I.D. TAX 400
CLASS III
3 X BUSINESS LICENSE TAX, NOT TO ExCEED $400
PRINTER GROSS RECEIPTS 200,000
RATE 0.00035
BUS. LlC. TAX 70
BUS. LIC. TAX 70 ,
B.I.D. TAX RATE 3
B.I.D. TAX 210 ~
RESTAURANT GROSS RECEIPTS 500,000
RATE 0.00030
BUS. LIC. TAX 150
BUS. llC. TAX 150
B.I.D. TAX RATE 3
450
B.I.D. TAX 400
CLASS IV
4 X BUSINESS LICENSE TAX , NOT TO 'ExCEED $3,000
RETAILER , GROSS RECEIPTS 200,000
RATE 0.00030
BUS. LIC. TAX 60
BUS. LIC. TAX 60
b. I.D. TAX RATE 4
B.I.D. TAX 240
RETAILER GROSS RECEIPTS 500,000
RATE 0.00030
BUS. LIC. TAX 150
BUSi LIC. TAX '150-
B. I.D. TAX RATE 4
B.I.D. TAX 600
CITY OF BAKERSFIELD
BUSINESS IMPROVEMENT DISTRICT
COLLECTION-PAYMENT SUMMARY
1990-91
COLLECT PAY*
771/90 BAL 1,846
;JUL 17,225 9,000
AUG 14,435 22,000
SEP 1,155, 0
OCT 877 3,500
NOV 340 0
DEC 181 800
JAN 930 0
FEB 188 900
MAR 33 0
APR 517 0
MAY 160 700
JUN 183 0
SUBTOTAL 38,070 36,900
REFUNDS (479) 0
1990-91 37,591 36,900
PRIOR YEARS
1989-90 36,638 37,500
1988-89 43,460 46,000
· t987-88' 55,626 52,000
1986-87 56,818 55,500
1985-86 59,288 60,800
*PAID TO THE DOWNTOWN BUSINESS AssoCIATION
6/19/91
BAKERSFIELD BUSINESS ASSOCIATION
MEr~
TO: City of Bakersfield
Bill Descary 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
continuation of the BID. We agree with those who wish to see the
BID dissolved. For this reason I will be unable to provide 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. Monies paid into the
District have helped to promote Downtown via Street Faires,
Christmas Parade, Sidewalk Sales, and so on.
It's time for all of Bakersfield take interest in the
revitalization of Downtown its not just a Downtown problem. We
are Main-Street Kern County.
1401 - 19th Street, # 101 ' Bakersfield, CA 93301 · [805] 325-5892
MEMORANDUM
October 23, 1991
TO: Bill Descary~er;%%
FROM: Maurice Randall, Bus,ness Manager
SUBJECT: Release of additional DID Revenue
This memorandum has been prepared to follow-up our telephone
conversation on October 22, 1991, relative to the release of
additional DID funds to the Downtown Business Association. As was
indicated in my July 30, 1991, memorandum the DID's FY 1991-92
budget has not been submitted to the City Council for approval.
Subsequent to that date staff has met with the DBA on several
occasions in an attempt to obtain acceptable budget documentation
to present to the City Council. As of this date, the requested
information has not been submitted, however, we have been assured
by the DBA that such information is forth coming.
As you know, the DBA has indicated that they'are having cash flow
problems which has resulted in several unpaid obligations. On
Tuesday, October 22, 1991, John Stinson indicated that the City
Manager was aware of the DBA's cash flow problem and has authorized
the release of an additional $8750 (25% of the projected $35,000
DID annual revenue) at this time in order for the DID to continue
to operate.
Please take the appropriate action to release the authorized funds
to the Downtown Business Association. If~ I can be of further
assistance to you, please call me at ext. 3605. Thank you for your
help in this matter.
cc: Jake Wager
John Stinson
~:~2
DBAADDFLrlqDS
CAL.I FO R N I'A ~? .... ~ ~_
CENTRAL DISTRICT DEVELOPMENT AGENCY .~ --~ ~
October 16, 1991 _~
Mr. Bruce Keith ~ c~ ~, ~:~ ~J ~.,
Downtown Business Association ~.~
1401 - 19th Street L~i~ I ~ 8 'lg~l
Suite 101
Bakersfield, CA 93301 C~7Y ~AN.~GE~OFF~CE
Dear Bruce:
This letter is being sent to follow-up several conversations
regarding the preparation of the DBA's FY 91-92 budget. As was
previously diScussed, I have been .authorized by the City Manager
to assist with the preparation of your budget. I have set-aside
time in my work schedule to assist you with the 'budget
preparation in the manner we discussed during our last meeting.
I am somewhat concerned since· approximately two weeks have passed
and we still have not received any information. Please provide
this information as quickly as possible so that we can move
towards concluding this matter.
I look forward to working with you on this project. Should you
have any questions please call me at 326-3765.
~Sincerely,
Maurice Randall
Business Manager
lm:MR2
KEITH
cc: Jake Wager
John Stinson
1501 TRUXTUN AVENUE · BAKERSFIELD, CALIFORNIA 93301 ° (805) 326-3767
MEMORANDUM
~uly 30, 1991
TO: BILL DESCARY, T~.EASUJtER
FROM: MAURICE RANDALL, BUSINESS MANAGER
SUBJECT: RFJ-EASE OF DID REVENUES ~)" ~'~'
This memorandum has been prepared to follow-up our telephone conversatio~.2r, egar~e
release of DID Revenues to the Downtown Business Association. As you kno~x;~ ~"~the DID's
proposed FY 1991-92 Budget has not been approved by the City Council. At this time we are
waiting for additional budget documentation so that staff can 'complete the review and forward
the budget information to Budget and Finance Committee.
On Friday, July 26, 1991 the City Manager and John Stinson approved the release of up to
$8,750 (25% of the projected $35,000 DID Annual Revenue) during the first quarter of the fiscal
year in order for the DID to continue to operate. That should also allow sufficient time for them
to get all requested information to staff, meet with the Council's Budget and Finance Committee
and obtain an approved annual budget by the City Council.
Please take the necessary steps to release available funds to the Downtown Business Association.
Please call me at ext. 3605 if I can be of further assistance to you.
cc: Jake Wager
John Stinson
BAKERSFIELD BUSINESS ASSOCIATION
July 23, 1991
Maurice Randall
Business Manager/Development Services
1501 Truxtun Ave.
Bakersfield, Ca 93301
Dear Maurice:
Enclosed please find the Downtown Improvement District Budget Report for
fiscal year 1990-91 and proposed budget for 1991-92.
Please note account #DID 581 - Promotion DID column, in which $4,000 of
these funds were used to set up an account to purchase Fox Theater Con~e~rative
items. Accounts have been paid in full for the purchase of these Fox Theater
promotional items. Funds now raised from the sale of cups, posters, sweatshirts
etc. will be used to reimburse D.I.D. for the original funds barrowed.
If you have any further questions please don't hesitate to contact me at
325-5892. '.' ~
Sincerely,
Cathy'S. Butler
Executive Vice President
1401 - 19th Street, # 101 · Bakersfield, CA 93301 · [805] 325-5892
DOWNTOWN IMPROVEMENT DISTRICT
PROPOSED FY 91-92 BUDGET
1990-91 1990-91 1991-92
BUDGET Revised Proposecl.
Estimates Budget
BEGINNING BALANCE - JULY I -2019 -6447 -6000
RESOURCES:
District Assessments 30000 37200 35000
Interest on Funds 240 350 300
Promotion Contributions 100 0 200
Contr i but ions 100 0 20(]])
Misc, -Other 100 0 200
Tot a 1 Resources .30540 37550 35900
EXPEND I TURES:
Accounting Fees 0 123 900
Liability Insurance 1100 1407 1500
Postage
z ...... ~ 654. 500
Printing 400 25 400
Advertising (Media Expense) 4000 - 1].52 2478
Servi ce .~arges 42
Mi sc, -Others 100 ~.00 100
DBA Management Contract 2:[1.,~ ~'7 .... _ .....
District Bul].etins 700 733 1000
Seasonal Promotions 400 5563 50C)
Sidewa].k Clean Up 400 0 1500
Total Ex pend i '1" ur es.. ~'~8~,~ 1~ 36513 ~9~ 9. OL)'"
Ending Balance 0 -5410 0
DBA ~ANAGEMENT CONTRAC]':
Sal ar i es 13350 13997 13350
F'ayroll Tax 3000 4175 300C)
Workmen's (]omp Insurance 200 114 114
Medical Insurance 700 593 700
O~ice Rent and Parking 3375 3595 720
O¥¥ice Supplies 12C)0 1,565 120C)
Telephone Expense 1200 1022S ~.000
O.F~ i ce Equi preenS- 11 -~-~ ~70 ~")
- z., .... ,~ .g ...
Historic:al Data (Photos etc,) 349 136 348
CDA Con.Ferences
.... ~, ~ 6 300
Total DBA Management Contract 24851 26724 20982
Downtown Improvement District
Proposed FY 91-92 Budget
Beginning Balance - July 1 ($2,019) iiiiiiiiiiiiiiiiiiiiii~ii !!i~i~i!!i~!~i~i~!i~i~i~i
Resources:
District Assessments $30,000 $37,200. $35,000
Interest on Funds $240 $350 $300
Promotion Contributions $100 $0 $200
Contributions $100 $0 $200
Misc.-Others $100 $0 $200
Expenditures:
Accounting Fees $0 $123 $900
Liability Insurance $1,100 $1,407 $1,500
Postage $255 $654 $500
Printing $400 $25 $400
Advertising (Media Expense) $4,000 $1,152 $2,478
Service Charges $42 $32 $40
Misc.-Others $100 $100 $100
DBA Management Contract $21,124 $26,724 $20,982
District Bulletins $700 $733 $1,000
Seasonal Promotions $400 $5,563 $500
Sidewalk Clean Up $400 $0 $1,500
Ending Balance $0 ($5,410) $0
DBA Management Contract:
Salaries $13,350 $13,997 $13,350
Payroll Tax $3,000 $4,175 $3,000
Workmen's Comp Insurance $200 $114 $114
Medical Insurance $700 $593 $700
Office Rent and' Parking $3,375 $3,595 $720
Office Supplies $1,200 $1,565 $1,200
Telephone Expense $1,200 $1,023 $1,000
Office Equipment $1,177 $970 $250
Historical Data (Photos Etc.) $349 $136 $348
CDA Conferences $300 $556 $300
BAKERSFIELD
July 26, 1991
Cathy A. Butler, Executive Vice President
Downtown Business Association
1401-19th Street #101
Bakersfield, Ca. 93301
Dear Cathy:
Thank you for the information you submitted regarding the proposed
FY 91-92 budget for the Downtown Improvement District (DID).
In order for staff to complete the review of the DID's proposed
budget and forward the information to the City Council's Budget and
Finance Committee the following additional information is required.
1) Total budget for FY 91-92 including amounts for the Downtown
Business Association.
2) Complete justification for all line items.
Please provide this information as soon as possible. If you have
any questions regarding this requ~.,st, please contact Maurice
Randall at 326-~ ;65.~ · .~/~~
Sincerely,
/
John F. Wager, J .
Economic Developn ent Direct"~
dp:MR2
FY91-92
City of Bakersfield · Economic and Community Development Department
515 Truxtun Avenue · Bakersfield · California 93301
BAKERSFIELD
July 24,~ 1991
MS. Cathy Butler
Downtown Business Association
1401 - 19th Street, Suite 101
Bakersfield, CA 93301
Dear Cathy:
Enclosed is a report regarding the Downtown Improvement
District Trust Account 811-26126 for the 1990-91 fiscal year.
In summary, the fiscal year began with $1,846.17 beginning
balance, receipts net of refunds/corrections totaled
$35,889.38. During the fiscal year, we paid $37,200.00 to the
Downtown Business Association leaving a balance at
June 30, 1991 of $535.55.
If you have any questions, please call me at 326-3032.
Sincerely,
William C
Treasurer
WCD/krc
LBD. 2
cc: J. Dale Hawley
Gregory J. Klimko
u-John Stinson
Jake Wager
Maurice Randall
Enclosure
City of Bakersfield · Treasury Division ° p. O. Box 2057
-Bakersfield · California · 93303
DOWNTOWN IMPROVEMENT DISTRICT
ACCOUNT NO. 811-26126
1990-91
Balance July 1, 1990 $ 1,846.17
Increased by:
Collections $36,368.59
Refunds/Corrections (479.21)
Net Collections 35,889.38
Decreased by:
Turnovers to DBA
July 2, 1990 $ 1,000.00
July 30, 1990 8,000.00
August 24, 1990 22,000.00
October 19, 1990 3,500.00
December 21, 1990 800.00
February 22, 1991 900.00
May 6, 1991 700.00
June 28, 1991 300.00
Total Turnover 37,200.00
Balance June 30, 1991 $ 535.55
krc
BD. 2
DowntoWn Improvement District _
Proposed FY 91-92 Budget
Beginning Balance - July 1 ($2.019) ~~ :. ~~ ~ $6,00,0)
Resources:
District Assessments $30.000 $36.900 $40,O00' 35,000
Interest on Funds ~ $240 $350 $300 300
Promotion Contributions $100 - $0 $200 2 00
Contributions 6100 $0 $200 200
Mlsc.-Others $100 $0 $200 200
Expenditures:
Accounting Fees $0 6110 $~;200- 900
Uabillty Insurance $1,100 $1.407 $1,550 1,500
Postage $255 - $13]' $8)9- 500
~ Printing $400 $25 $400.. 4'00,
· gtl~r-ar~[~ $0 $0 $0 0
Advertising (Medla Expense) $4.000 $3.400 $4;000' 2,478
Sewlce Charges $42 $32 $40 40 ..
Misc.-Others $100 ~l~.J00 ~ 100
DBA Management Contract $21,124 $24,437 $E~.210' 20,98-2
District Bulletin~ $700 $733 $:t~O8 ' 1,000
Seasonal Promotions $400 $1.563 ~ 500 .
Sidewalk Clean Up $400 $0 . ~ '1'~ 500
"'*'~ ..... . ,.- ~. ~ * ..:~ "i.~" ~-~. *-. - " ¥'"'"~'~ ........... :" ~' ·
Total Expenditures 9,900
Ending Balance $0 $5.328 ($2.140) $ "0
DBA Management Contract: ..
Salaries $13,350 $13.500 $T6.'775" 13,350
Payroll Tax $3,000 $3.372 $5;59~. '3,000
Workmen'e Comp Insurance ' $200 $114 ~;~00,- 1'14
Medical Insurance $700 $563 $700 .700
Office Rent and Parking $3.375 $3.595 $720 7?-0
Office Supplies $1.200 $1.220 $1.200 1,200
Telephone Expense $1.200 $1.080 $1.200 ]., 000
Office Equipment $1,177 $270 $1.175 250
Historical Data (Photos Etc.) $349 $133 $348 348
CDA Conferences $300 $55]' $300 300
Total DBA Management Contract ~, 982
City of Bakersfield
For Your:~
[] Signature. [] Action [] Information I-1 File:
Please:--
.i-]P. eturn [] See Me [] Fotlow Up 'El Prepare Answer
Copy to:
Memo'
CITY MANAGIEFFS OFFICE[
FEB-- 4--9 I M ON i 0 :
~ P. 01
. /
B A K E R S F I E L D
ECONO~G ~ GO~NITY D~P~T D~T~NT
515 TR~TUN
B~ERSFI~D, G~ORN~ B3301
DATE:
PLE~~ D~LI~R THIS TR~NS~ITT~ TO:
Co~y/
ovation:
/
/
F~ n~r: ,
THIS TRANSMITT.~T_ IS' .i:BEIN'G SENT BY:
Name: ~
Numbe~ of pa~es, ~du~ t~.. ~over sn~:'~ )"~
Des~p~on of ~te~ ,~ sent:~ ,,,
S~ in~cfio~: ~
SHOUIJ~ AN~ PROBL ._~%{S ARISE DURING THIS TRANSNUSSION, PLEASE CONTACT
~ AT ,805. 326. 3765
4--91 MON 10 34 P. 02
'Agreement No.
CONTRACT WITH THE BAKERSFIELD DOWNTOWN BUSINESS
ASSOCIATION FOR ADMINISTRATION SERVICE TO THE
BUSINESS IMPROVEMENT DISTRICT
THIS AGREEMENT entered into , 1991, by and
between the BAKERSFIELD DOWNTOWN BUSINESS ASSOCIATION, a California
nonprofit corporation, hereinafter referred to as ~ontractor, and the
CITY OF BAKERSFIELD, a municipal corporation, hereinafter referred to
as City.
RECITALS
WHEREAS, it is the desire of the City Council of the City to
amend Agreements 25-69 and 73-79 providing for the administration serv-
ice for the Business Improvement District as provided for in Chapter
5.04 of the Municipal Code, City of-Bakersfield.
NOW, THEREFORE, it is agreed by and between'Contractor and
City as follows:
I.
Contractor shall undertake to administer~ under the direction
of the City) the program provided for in Chapter 5.04 of the~al
~ode for the Business Improvement District established pursuant to
Resolution No. 97-68 of City. The types of activities which contrac-
tor shall perform shall be referred to generally herein as
F E t~-- 4---9 1 M 0 1~4 I 0 : ~.5
DRAFT
"Institutional Promotion" but such term shall mean specifically all
those activities permitted by said ordinance for which funds derived
from the assessment may be eXpended.
II.
Contractor shall prepare budget for submission to the City
annually on or before the first day of._~.~t~ of each year.
For the purposes of carrying out the execution of the Institutional
Promotion program as herein provided, a work plan for carrying out
said program for the next ensuing year will accompany the budget sub-
mitted to City. Said budget will separate revenues from the Business
Improvement District from any and all other revenues of the
Contractor. In addition, all expenses paid through Business
Improvement District revenues will be shown separately from all other
expenses paid through any and all other revenues°
~III.
Contractor agrees g~pt Business Improvement District funds
will not me co-mlng£eq~w-i-%rh~any other revenues~of the Contractor~
IV.
City may accept, reject or modify said budget, estimate of
expenditures and work plan, and Contractor agrees to carry out said
Institutional Promotion program as approved by the City. In carrying
out said program the Contractor 'shall:
FEB-- 4--91 ~ION 10 : 36 P . 04
DRAFT
(1) Maintain suitable quarters_and ~^.-
~-r--~n~l to carry out the Institutional Promotion program.
(2) Plan, organize~ coordinate, stage and execute advertis-
ing of the Institutional Promotional program~that will create goodwill
and prestige and otherwise stimulate demand for the goods and services
available'in the business community lying primarily within the bound-
aries of the Downtown Business Improvement District subject of this
agreement.
(3) Submit quarterly~ detailed activity and progress reports
to City on or before the 15th of the month beginning each calendar
quarter and provide City wi.t~ o~J~er infprmation as requested.
Contractor shall, usin
, ~ ~ un,s, pay rot an annual/compilation
performed by a C.P.A. This ccmpilation C~~ paid for using ~.I.D.
funds)and should be submitted to City no later than (60) days after
the end of~Contractor,s fiscal year. These reports and compilation
should be provided to (name) at (address).
For carrying out'the Institutional Promotion program~as out-
lined he~ ~, City shall pa to~~Contractor monies re
received by 2 ~ty and pursuant ~Q Chapter 5.04 end'Resolution ~o. 97-6~
not to exceed t~amount collect~by said assessm~ from fun~s
derived fro~ said %dditional assess ~nt for ~e~s ~censes i~said
; · Downtown Business I~rovement Distr c% No other Portio~n of the~en-
~ .eral fund of the Cit~ re obligated in a way by this a~ement'.
FEB-- 4--9 i MON i 0 : ~7 P . 05
D AFT
City shall provide to Contractor the projected amounts to be
collected within the Downtown Business Improvement District on a quar-
terly basis by category° City shall also provide the names, addresses
and category of each business within the Downtown Improvement
District to Contractor°
VI.
The term of this agreement is for one year, effective July 1,
1991~ but may be terminated by either party by giving 90 days written
~f City has~a-~vance~s to~-n~actor for a port~of
/~~/nr~r may ~ermin~/~s ag~e~unle~/~ return~ey
said year~s budg ended°
VII.
Contractor agrees to abide by all provisions of the Ralph M.
Brown Act°
VIIIo
Contractor agrees to modify its bylaws to require a Treasurer
position on its Board of Directors to act as its Chief Financial
Officer.
IXo
Contractor agrees to modify its bylaws to allow appointment
of a City representative to Contractor's Board of. Directors. This
City representative will not be required to pay membership dues to
FEB-- 4--9 1 MON 1 0 : ~8 P . 06
Contractor to receive full rights and priveleges of a member of the
Board of Directors°
Xo
Contractor agrees City shall have the right to review
Contractor"s records at all reasonable times upon written notice by
City
Contractor agrees that no Business Improvement' District funds
~ be used directly or indirectly~-to :upport~ ~~ ~ ~e any
y other C~t~r~l~d bu~rd~ co,~T, ission~ ag~ncv,
~~0 The failure of any party to enforce against
another a provision of this Agreement shall not constitute a
waiver of that party's right to enforce such a provision at a
later time~ and shall not serve to vary the terms of this
Agreement.
~ Any lawsuit pertaining to any matter arising under, or
growing out of, this contract shall be instituted in Kern County,
California.
.~, All notices relative to this Agreement shall be given
in writing and shall be sent by certified or registered mail and
be effective upon depositing in the United States mail. The
parties shall be addressed as follows, or at any other address
designated by notice:
CITY OF BAKERSFIELD
City Hall
1501Truxtun Avenue
Bakersfield, California 93301
BAKERSFIELD DOWNTOWN BUSINESS ASSOCIATION
Bakersfield, California 93301
~. This contrac£ shall not be assigned by any party, or
any party substituted, without prior written consent of all the
parties.
~0 The rights and obligations of this Agreement
shall inure to the benefit of, and be binding upon~ the parties
to the contract and their heirs, administrators, executors,
personal representatives, successors and assigns.
~. This contract sets forth the entire
Agreement between the parties and supersedes all other oral or
written representations. This contract may be modified only in a
writing approved by the City Council and signed by all the
parties. ~
~0~ Each individual executing this Agreement
represents and warrants that they are duly authorized to execute
and deliver this Agreement on behalf of the corporation or
organization, if any, named herein and that this Agreement is
binding upon said corporation or organization in accordance with
its terms. ~
· CONTRACTOR shall, at CONTRACTOR's sole
cost, comply with all of the requirements of Municipal, State,
and Federal authorities now in force, or which may hereafter be
in force~ pertaining to this Agreement, and shall faithfully
observe in all activities relating to or growing out of this
Agreement all Municipal ordinances and State and Federal
statutes, rules or regulations now in force or which may
hereafter be in force.
~ This Agreement calls for the performance
of the services of CONTRACTOR as an independent contractor, and
CONTRACTOR will not be considered an employee of the City for any
purpose and is not entitled to any of the benefits provided by
City to its employees. This Agreement shall not be construed as
forming a partnership or any other association with CONTRACTOR
other than that of an independent contractor.
~ This Agreemen~i~ effective upon execution. It is
the product of negotiation and therefore shall not be construed
against any party.
~ During the term of this Agreement~ CONTRACTOR shall
maintain a single limit broad form commercial general liability
insurance policy in an amount of not less than $1,OOO~OOO per
occurrence with combined liability for personal injury~ property
damage and automobile liability with a reliable insurance carrier
authorized to do business in the State of California and
statutory workmen's compensation coverage. Said policy or
policies of insurance shall expressly name the City and its
agents~ officers, and employees as additional insureds. Said
insurance shall not be subject to cancellation, non-renewal, or
coverage reduction without thirty (30) days written notice to
City. CONTRACTOR shall provide to the City 'proof of insurance
endorsements and certificates of insurance prior to execution of
this Agreement. Said proof of endorsements and certificates of
insurance shall be attached to this Agreement as Exhibit "A".
~ CONTRACTOR shal~indemnify~ defend~ and hold harmless
City, its officers, agents and employees against any and all
liability~ claims~ actions~ causes of action or demands
whatsoever sgainst them~ or any of them~ for injury to or death
of persons or damage to property arising out of~ connected with~
or caused by CONTRACTOR~ CONTRACTOR's employees, agents or
independent contractors or companies in the performance of, or in
any way arising from, the terms and provisions of this Agreement.
~0 The CONTRACTOR shall furnish the City
Risk Manager with a certificate of insurance evidencing the
insurance required under this Agreement. The policy shall
contain an additional endorsement in favor of the City~ its
mayor~ council~ officers~ agents, employees, and volunteers.
~EB-- 4--9 I ~'~ ON i 0 .' ~ 8 P . 0 T
DRA :T
Ag:eement to be e×ec~ted~ the da~ an~ year ~:i~t-~bove ~itten.
CITY OF BAKERSFIELD
By
CLARENCE Eo MEDDERS
Mayor
APPROVED AS TO FORM~ ' ~
LAWRENCE ~o LUNARDINI
City Attorney
COUNTERS IGNED ~
~RE~ORY Jo ~LXM~O
Finance Director
A~PROVED AS TO CONTENT~ ~aCONTRACTOR~
BAKERSFIELD DO~NTO%~N BUSINESS
ASSOCIATION
JOHN Fo %~AGER~ JRo
Economic Development By,
Title
L.' DL245 D~~7
CITY CONTRA~F NO. 90-160
AGREEMENT BETWEEN THE CITY OF BAKERSFIELD AND
THE GREATER BAKERSFIELD CONVENTION AND VISITORS BUREAU
THIS AGREEMENT, entered into the 27th day of June , 1990,
by and between the CITY OF BAKERSFIELD, a municipal corporation of the State of
California, hereinafter called City, and the GREATER BAKERSFIELD CONVENTION AND
VISITORS BUREAU, hereinafter called Contractor.
WITNESSETH:
WHEREAS, City is desirous of publicizing the benefits and advantages of City
as a center for holding conventions; and
WHEREAS, City is the owner and operator of a Convention Center, which is
available for use by organizations and groups wishing to hold conventions; and
WHEREAS, Contractor maintains a Convention Bureau for~ the purpose of
inviting, attracting, welcoming visitors and providing services normally provided
by conventions, such as furnishing badges, .registration services, hotel
registration service and other services incidental to the holding of conventions
and visitor development.
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
1. Contractor agrees to render to City the service of operating a
Convention Bureau for the purpose of inviting, attracting and welcoming visitors
and providing services normally provided by conventions.
2. Reference is made to Ordinance No. 1313, New Series, of the 'City of
Bakersfield entitled "Conventioh Center Ordinance." It is expressly stipulated
and agreed between the parties that said ordinance shall be considered a part
of this contract. In the event of any ambiguity in this contract or any conflict
between this contract and said ordinance, the ordinance, including any amendments
subsequently enacted, shall be controlling.
3. Contractor agrees to cooperate fully with the Convention Center Manager
in all matters involving the Convention Center, including full and prompt
exchange of information on prospective events and bookings, and the keeping of
duplicate master calendars. A list of'applicants for bookings, together with
a statement of what specific facilities are needed, shall be furnished to the
Convention Center Manager at least every thirty {30) days.
4. Contractor agrees that no member, officer or employee of Contractor
shall make any commitment as to dates or rental rates for the use of the
Convention Center without first obtaining the consent of the Convention Center
Manager.
5. Contractor agrees that the City Manager, City Attorney, and the
Convention Center Manager shall be given free individual memberships in the
Convention Bureau and that the City. Manager, or his designee, shall be a member
of Contractor's Board of Directors.
6. Contractor agrees that City has entered into this agreement contingent
upon the composition of the 6oard of Directors to be:
4 - Hotel/Motel Industry Elected by Membership
4 - Members at Large Elected by Membership
.l~ - City Manager or Representative Appointed by City
i - Convention Center Appointed by City
1 - Kern County Fair Appointed by Fair
ll - Total Board Members
7. For said services Or any portion thereof actually rendered by
Contractor between the effective date of this agreement and the end of the
business day on the 30th day of June, lggi, City will pay to Contractor a sum
not to exceed TWO HUNDRED SIXTY-FIVE THOUSAND FIVE HUNDRED DOLLARS ($265,.500),
which sum, or any less amount, shall be due and payable by City to Contractor
as hereinafter provided.
8. Ir'is the intent of the parties to similarly contract i:n subsequent
years~ and that payments to Contractor shall be g% of the projected Transient
Occupancy Tax revenue for each fiscal year. Annual payments to Contractor should
not increase or decrease by more than 15% of the actual contract expenditures
during the preceding contract year.
g. Upon demand by Contractor, City shall pay Contractor for all services
actually rendered by it prior to and remaining unpaid to the date of said demand;
said demand shall be on such form of claim as required by City and shall be filed
with City in accordance with its established rules and' procedure for the
prese~nY~Qtion of claims. .
l~.'~Payments by City to Contractor shall be based on an equal monthly pro-
rata~l~tribution of the contract amount. In the event that Contractor's monthly
expenses are more or less than the monthly pro-rata share, the difference may
be applied to subsequent monthly claims, provided that the combined claims do
not exceed the cumulative monthly pro-rata amounts due Contractor up to and
including the current month's claim. In no case shall City reimburse Contractor
for expenses recovered from other entities. Such expenses shall be subtracted
from Contractor's total expenses as shown on the monthly claim forms.
11. All claims shall be approved by the Board of Directors of the'
Convention and Visitors Bureau.
12. The terTM "services actually rendered" by contractor shall be deemed
to include payment by Contractor for expenses included in the annual budget
submitted to City and made a part of this contract, provided expressly that each
and all expenses shall be properly attributable to the performance of
Contractor's service to City. Amendments to the annual budget may be made with
the approval of .the Convention and Visitors Bureau Board~ of Directors insofar
as they do not increase any obligation to City.
13. All demands for payment presented hereunder by Contractor to City shall
itemize the specific services rendered and/or detail of prior payments made by
Contractor under the provisions of P~ragraph 9 hereinabove.
14. Contractor shall keep and maintain accurate books and records
accounting for all receipts and disbursements occurring in the prosecution of
its affairs, which said books and records shall be open at all reasonable times
to inspection and audit by City. Contractor shall present to City by April 1st
of each year, an annual budget based on the fiscal year beginning July 1st
through June 30th. Contractor shall submit to the City Manager a quarterly
activity report containing a list and status of all .convention activity of
record, visitor development information, and other pertinent tourism information.
15. Contractor shall, at the end of each fiscal year, have performed by
a Certified Public Accountant an annual financial audit in conformance with
generally accepted accounting principles and shall submit such audit to City for
review. This audit shall be performed at the sole expense of Contractor in
accordance with this agreement.
16. Unless expressly so authorized to do so by resolution or minute order
of the Council of the City of Bakersfield, Contractor shall not express,~
publicize or otherwise declare any matter of policy or political expediency for
or on behalf of City as a municipal corporation of the State of California.
17. Contractor shall not pledge the credit of City at any time or for any
purpose and all obligations incurred by Contractor shall be the sole and separate
obligation of Contractor and from any payment of which Contractor shall hold City
free and harmless.
18. Contractor shall save, hold harmless and indemnify City, its officers,
agents, employees and volunteers for all claims, demands, damages, judgments,
costs or expenses in law or equity that may .at any time arise from or relate to
any work performed by Contractor, his agents, employees or subcontractors under
the terms of this agreement.
In addition to any other form of insurance or bond required under the terms
of this agreement and specifications,.Contractor shall procure and maintain for
the duration of this agreement the following types and limits of insurance:
Automobile liability insurance providing coverage on an occurrence
basis for bodily injury, including death, or one or more persons,
property damages and personal injury, with limits of not less than
one million dollars {$1,0D0,000) per occurrence; and
General liability insurance providing coverage on an occurrence
basis for bodily injury, including death, of one or more persons,
property damage and personal injury, with limits of not less than
one million dollars ($1,000,000) per occurrence.
Workers' compensation with statutory limits and employer's liability.
insurance with limits of not .less than one million dollars
($1,000,000} per accident.
3
All policies required o~ Contractor hereunder shall be primary insurance
as respects City, its Mayor, Council, officers, agents, employees and volunteers
and any insurance or self-insurance maintained by City, its Mayor, Council,
officers, agents, employees and volunteers shall be excess of Contractor's
insurance and shall not contribute with it.
The automobile liability policies shall provide coverage for owned,
non-owned and hired autos.
The liability policies shall-provide contractual liability, coverage
for the terms of' this agreement.
The liability policies shall contain an additional insured
endorsement in favor of City,~its Mayor, Council, officers, agents,
employees and volunteers;
The workers' compensation policy shall contain a waiver of
subrogation endorsement in favor of City, its Mayor, Council,
officers, agents, employees and volunteers.
The policy shall contain an endorsement providing City with ten {10)
days written notice of cancellation or material change in policy
language or terms.
Contractor shall furnish the City Risk Manager with a certificate of
insurance evidencing the insurance required under this agreement.
19.~ City, at its sole option, may terminate this agreement at any time and,
forthwith upon written notice of terminatioh delivered-personally to any
corporate officer of Contractor or to the Executive Director thereof, or by
service of such notice by registered mail addressed to any such officer or
Executive Director; upon service of such notice of termination, Contractor shall
forthwith cease and desist from the doing or performing of any further acts or
services for or on behalf of City and all obligations of City to Contractor
shall thereupon cease and terminate; provided expressly, however, that upon any
such termination, if any there be, City shall be obligated to pay Contractor
fifty percent {50%) of the costs for 'all services actually rendered by
Contractor to City prior to and including the date of service of said notice of
termination. In the event of service of such notice by registered mail, the
term "date of service" shall be deemed to refer to the date of receipt of said
notice by Contractor.
2D. This agreement is intended and shall be effective from and after
July 1, 1990, until June 30, 1991.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their officers thereunto duly authorized on the day and year first-
above written.
CITY OF BAKERSFIELD
· City Manager~/
APPROVED AS TO FORM'
Mayor pro .~em
GREATER BAKERSFIELD CONVENTION AND
VISITORS BUREAU
conventb.sav
BAKERSFII~LE) BUSINI-SS ASSOCIATION
1401 19th Street, Suite 101 MARCH - APRII~ 80.5/325-5892
MaaCH PaOC£MMED aS The
"TAKE PRIDE IN President's
DOWNTOWN" Remarks
By Bruce Keith
MONTH DBA President
Councilwoman Pat DeMond presented a proclama- We are encouraging property owners to follow the
tion on behalf of Mayor Clarence Medders proclaim- lead of the community and to undertake hnproving
lng March as "Take Pride in Downtown" month, their building on their own.
The presentation took place at the March town hall
meeting held on Tuesday, March 5th, at the Ameri- The DBA has also asked the Central District Devel-
can Legion Hall. opment Agency to reinstate the Facade Improvement
Program funds. These funds would be available for
After the article regarding planting.trees in Down- buildings that are not on the Unreinforced Masom-y
town appeared in the Californian on February 20th, List. For more information contact the DBA office
the DBA office began receiving calls from commu- at 325-5892.
nity volunteers.
The April Town Hall meeting will be held on
The'DBA office is currently working with Franklin Tuesday, April 9th, at 7:00 p.m. at the Woman's
SchoOl to plant flowers Downtown and to start a Club, 2030 - 18th Street. Conservation will be the
recycling program so the school can raise money to theme, with discussions planned 'for conserving .
'purchase and plant trees. If these children are historical sites and unreinforced masonry buildings.
willing to help, what can the adult~ do? Also, with the drought looming as a major factor in
this area, conservation of water resources will be
We will also be working with other local community discussed. Projects and conservation tips for weath-
. 'groups to clean windows, remove trash, clean up ering this dry spell will be reviewed.
weeds, plant flowers, etc.
Important Notice: Next Town Hall Meeting- Tuesday, April 9th
I
GOALS FOR 1991
The Marketing of Downtown, improvement of overall Downtown appearance, and
Historical Preservation are the primary goals of the Downtown Business Association
for 1991.
Marketing includes not only providing more help to our existing retailers, restau-
rants, etc., but also the marketing of vacant retail and office space.
Improvement of overall Downtown appearance includes facade improYements, street-
scaping and .the planting of trees. Downtown needs to be a more :pleasant place for
people to shop and work. Through improvements, we can create a more attractiwe
backdrop for these activities.
Now that t~he new tlistorical Preservation Ordinance is law, the DBA is going to
work with owners of significant Downtown properties, such as the Fox Theater, the
Women's Club of Bakersfield and Eastman's Office Supply to have their buildings
designated as Cultural Resources. In addition, the Downtown Business Association
is going to work with surrounding areas which have indicated an interest in estab-
lishing Historic Districts, such as "Old Westchester".
:
:TOWN HALL:
" TING '"
'-
'- MEE ,..
.~ Tuesday, April 9th
! 1
~ 7:00 to 9:00 p.m.
I ' 1
!
~ Woman's Club of Bakersfield 2030 - 18th Street
!
1401- 19th Street, Suite 101 Phone 805.325.5892 Baker~,~ld,,CA 93301
REGULAR MEMBERSHIP APPLICATION: 1990 DUES:
1-14 Employees $ 60.00
· Firm 15-54 Employees $125.00
Mail Address 55 & Over Employees $200.00
Street Address _ -- Property Owners $125.00
Banks & Utilities $200.00
Phone Non-Voting Members:
Signed _ Friends ot Downtown $ 25.00
DUES ARE PAYABLE IN ADVANCE.
MEMBERSHIP IS FOR 12 MONTHS FROM ANNIVERSARY DATE Donation to Downtown Tree Fund:
$
Date ~
Accnt~
EXPLORE TttE POSSIBILITIES- STREET FAIRES
BE PART OF A TEAM -
Our Downtown Street Fakes attract more than
BOARD MEMBERS ~0,000p~op~v~y~v~ains,na,,a~y~un. Ta~
are the biggest and best promotions for bringing
Interested in serving on the DBA Board of Direc- people. Downtown. Agressive merchants .have
tors? DBA,President Bmc~e Keith will be selecting been successful by.'being creative and drawing
three past presidents .to meet in March for the people into ,their shops.
.purpose of choosing .candidates whose names will
~be included on the ballot to be mailed in April. The Street Faires are major projects. We need
volunteers to be,block captains and to help set ~up.
The ~ballot will ,be marled to all DBA members in
good standing. If you would like to have yourIf you are interested in serving on the Street Faire
name placed on the list of potential canadidates, Committee or volunteering to help 'at the :faires,
call the DBA at 325-5892. call-the DBA at 325-5892.
GOLF TOURNAMENT
Last minute applications now being accepted!
It's not too late! Don't miss out! Deadline for participation in .the TV-23 /,DBA 3rd
annual golf tomament is set for Thursday, March 14th, 1991. Sponsors for the event
are Community First Bank, Diamond Limousine, Advance Beverage Co., Von's,
P.G.& E., Bakersfield Panache Magazine, A.B. Dick Products, San Joaquin Bank,
Pacific Bell, U.S. Air, Mesa Matin Race Way, and Jim's Towing!
FOR MORE INFORMATION CALL:
KEN REED, GUTHERIE'S: 324-6328 or BARBARA GARLAND: 589-7604
Bakersfield, California 93301 MAR 2 0199~ u.s. POSTAGE
BaAerxlield, C:,lif.
DALE HA[NLEY
BAKERS~'IELD, CA. 93301
17 18 lO 20 21 22 ~STCHESTER
FARHERS
DBA/WEST DBA HARKET
DAY COUNCIL ADS - GOLF
CHAHBER$ PEPPERTREE
3:CO P.M. TOVRNAHENT
CARROT
FESTIVAL
t'24 25 20 27 28 20 30
PALI'i SUNDAY CITY COUNCIL
COUNCIL BOARD 7 A. H.-I! A.H.
WESTCHESTER CHAHBER$ HEETING FARHER.~
CARROT
PEPPERTREE
FESTIVAL:, 7:00 P.M. 7:,.30 P,M. HARKET
CDDA
CiL¥ Council
Chambers ~ "'" ~
EASTER
7 8 g I0 II 12 13
TOWN HALL CITY COUNCIL
:~ HEETING MEETING
Women's Club 7 p.m. at
2030 18[h Council
Chambers
7 ~}.m.
14 15 16 17 18 IQ 20
Westches~er
CDDA Pancake
' Break.st
3 p.m. at _
¢.mmcil B a.m. at
(;h~n~heps ~ > Pepper Ieee
~ Harket
21 22 23 24 25 26 ,27
CITY COUNCIL
MEETING DBA Board
. Heetin{~
7 lO.re, aL -
CounLii 7::30 a.m. at
Chambers Kress Bid~.
[INSIDE
WestchesterV'lllage / ,h i__ s j, su___ e
/' The Bakersfield Police
' / Department has an
/ interesting past , Page 6
l,Greg Sanders Recy-
/ cling Column Page5
[ · Downtown Artisans Hold
~ Annual Sale Page2
~,Stan Lee Reviews
l
The Ivy Page9
DBA Votes
or h 0 od N e~ ~~--~ -- ~e ~~n ... a ~ B~~ N~~;im
The Board of Directors of
Donates to Trees
the Downtown Business Asso- Recently, Rick Mossman and
ciation (DBA) voted recently Jim Hudgins as members of the
to support removal of the Westchester Village Improve-
Business Improvement District ment Association, prepared a
(BID) assessment currently pancake breakfast at Mesa
paid by business owners within Marin Raceway at the invitation
a 42 block area of downtown, of the Bakersfield Host
"We believe it should be less Lions Club.
expensive to do business down- The effort resulted in a net
town and if a majority of the profit of approximately $1,000
business owners within the BID
boundary feel the assessment is which was donated to the "F"
no longer needed, then it is the Street Tree Fund.
position of the DBA ,~hat it
:-~hG'/dd~ b'e'~emoved, 'DBA -
President Bruce Keith said in
announcing the action.
"Our directors also felt some
type of replacement funding ~ I~ la.
should come fro, m the general
fund of the city and that the
~,- ,
monies should be used to offer
incentives for businesses to
locate in the Downtown
Improvement District,"
Keith added. New to the neighborhood, this small kitten peers at his surroundings with a look of apprehension. Little does he realize there's
-"f'One major incentive should little to fear, Westchesterites love their pets!
be a reduction in the business offer incentives f or businessesGrace Lutheran Plans a Fall Faire
license fee now paid by busi- to move into blighted areas,"
nesses within the district," Keith added.
The Guild of the Grace Lutheran Church, 2530 Drake Street, is
Keith explained. The Business Improvement
The City of Bakersfield is District was formed in 1968 by planning a Fall Faire and luncheon for Thursday, November 21 in the
currently preparing a poll of downtown businesses and has parish hall. Hours are from 11 a.m. to 1:30 p.m.
Luncheon will consist of Swedish meatballs on rice, an assortment of
business owners within the BID been administered by the DBA
salads, rolls and desserts. Cost is $5 for adults and $2.50 for
asking if they support the con- since that time. Monies paid children 12 and under.
tinued collection of the im- into the district have helped to
Craft items, Christmas gift items, and home baked goods will be on
pr°vement district assessment, promote downtown with ac-
sale. Tickets for the meal may be purchased at the door. Food can be
DBA directors also voted to tivities such as the street fairs,
request that any monies re- Christmas parade, sidewalk purchased to take home, also. The public in invited to attend.
maining from the 1991-92 as- sales, seasonal advertising and The sponsor i.s the Aid Association for Lutherans---Brapch 1999. ~
sessment, after allowable ex- other promotions.
penses, should be returned by The BID assessment has alsoProgress Rq 0d lr e
the city to business owners provided funding for the park-
on their 1992-93 business ing garage at 18th and Eye TheWestchesterlmprovementAssociationandtheCityofBakersfield
license bills, street, rest area planters and have succeeded in putting together an agreement which will allow the
"Our directors feel it is time sidewalk cleaning. Funds have second phase of the "F" Street Tree Project to go forward in the next few
for the entire city to rake a also assisted in the implemen- weeks. The city engineers have been on "F' Street during the month of
monetary interest in the corn- cation of the facade improve- October marking the places where the trees are to be placed, and where co
mercial and retail revitalization ment program, 19th and the niche parking will be placed.
of the retail core. The City of Chester streetscaping, as well The "F' Street Tree Project began in September of 1987. Look
Bakersfield should follow the as many other projects to for more details on these new developments in the December
examplessetbyother citieswho benefit downtown. ? issue of The Village News. ~
NEWS'
Michael and Mary Murphy, of Kick Wheel Pottery, 2525-21st Street, are shown creating a new work of art in their backyard studio.
.Saturday, November 23 is the date of their holiday show and .sale.
Neighborhood Artisans to Hold Annual Sale
· To create a pot, orcup, orcook- of their own
~ original ;~
-ina vessel from clay, on a potter's ,.
wheel and fire it in a kiln, is a Craft signs. Somahow
which is older than civilization., this hobby
Westchesterites Michael and seems to blend
Mary Murphy have been working into the neigh-
at the craft for 17 years. On Satur- borhood tradi-
day, November 23 they are hosting tiaa of creativ-
a "coffee and sale" at their back- ity and interest
Newto the News Scarlet CoHJfls Adds yardforThey have manynewitems readYviewingat 2525-21Stthis Street.year, including here.hasin the artswhiChevolved
Just in time for the holidays, mixing bowls, mugs, casserole One of their
we welcome The Wine Seller,ColorlO Pots dishes, windbells, birdfeeders, pizza unique designs Actual leaves fr0m noarbytroosarepressed int0sorvicet0dec0r~e an
704A Oak Street, 327-1978. stones and manyitems suitable for - ' is suggests an 0ri~inal clay pot and olato created at Kick Wheel Phtter7, Cvin§ them an
Shop here for fihe wines, While researching the article Christmas gifts, autumnflurryof authentic'fr0mthenei~hborh00dt0uch."TheMurph¥'sals00fforb0wls,
gourmet food baskets and gifts, on the Burlinghams, owners of What began as a hobby is turn'- leaves. They use casseroles, windb01ls, bird feeders, pizza stones, an0 mugs.
eleganttouchesforyourholiday "The Ivy," the Village News dis- .ina into a tiny commercial enter- leaves they have picked here in Prices range from $5 and up.
dinners, beautiful gift baskets covered yet another creative prise for the couple as they intro- Westchester. They are embedded Ourreaders, familiesandfriends
duce their wares to neighborhood into the pot which imprints the are invited to attend their sale on
and great wine selections, artist in our midst. Diners at art collectors and gift buyers, actual leaf design on the body of Saturday; November 23rd from 10
If you choose, The Wine The Ivy have been treated to a The Murphys, a city fireman the clay. am to 4 p.m. o'clock. Havea cup of
Seller will ship your gift selec- vividly colored displayofScarlet and his wife, and residents of old Each piece is made in their stu- coffee, view their original art and
tions to friends and relatives Collins' original designs on Bakersfield, have built a kiln in the dio of highfire stoneware clay and take home a piece ofgenuine Kick
elsewhere. Sally Baker, man- pottery, backyard. They now throw pottery is fully over and microwave safe. Wheel pottery!
ager, willhelpyouselectmemo- Miss Collins confided in us
ruble holiday gifts, orwillsend that she often finds her potsPaul Buxman Opens IgC LClark provide the viewer with a fresh
you its brochure to help you (known as blanks) at Eric's at · · perspective of the SanJoaquin Val-
shop by phone. 1414- 24th Street. She then adds
In November, theyarehaving C.L. Clark Galleries, 1818 "V' 15th through December 2nd. ley, in which we live.
a one-half price sale on selected h~r own gorgeous primitive de- Buxman's haystacks, vineyards,
Street, presents Autumn Harvest Landscape painting is the genre
cases of wine. Napa. Valley signs to the pots. Some Of her 1991, newworks by Paul Buxman, least affected by the trends and atmospheric riverscapes and sim-
Merlot, Napa Valley designs appear robe inspiredby the SanJoaquin Valley's foremost fashions of the art world. As does plified fields--which are never
Chardonnay, Pinot Noir from African art, while others reveal a landscape artist. Buxman has been the land itself, this genre exists be- simple--allows the viewer to renew
Wild Horse, and Sauvignon Mexican design inspiration, painting professionally since the yond distinctions of time. a connection with nature through
Blanc from Cedarbrook are on Collins is a graduate of Cal- early 1970's. He is the recipient of Landscapes are a means of fora- paint and painterly gesture.
sale. State Bakersfield, where she many awards in both national and ina and maintaining a connection A reception for the artist will be
The Wine Cellar is owned by majored in art. Earlier, she stud- regionaljuried competitions, to theworld. The paintingbecomes held at C. L. Clark Galleries on
- He has had numerous shOws a contact point with nature and Friday, November 15, from 5:30
Bakersfield Californian writer ied art at Chico State. She was throughoutthewestemregion. The invites us to partake of its beauW., p.m. to8p.m. The public is invited.
Herb Benham. ~ born in Live Oak, California. ? exhibit will mn from November The paintings of Paul Buxman
Westchester Village News Page i~ November 1991
C.A LEN DA.I;
Calendar
· Wednesday, November 20 and 3073. Cai-State University,
December 4 City Council Meet- Bakersfield Cafeteria 7 p.m.
ings are held at City Hall, 1501 · November 11, Monday, Veterans
Truxtun Avenue at 7 p.m. on al- Day Parade, Flag Raising Cer-
ternate Wednesday evenings. Ac- emony on Chester Avenue,
cording to the city clerk's office Bakersfield at 10 a.m. Sponsored
the next scheduled council by American Legion Bakersfield
meetings are on November 20 Post 26, 2020 "H' Street, the pa-
and December 4. rade will feature marching units
· Through November 14, C.L. andfloats. For m0re information
Clark Galleries, 1818 'W' Street is call 324-9453
showing the work of Elyse, and · November 17, Sunday, Bakers-
inaugurating "Magic Garden - field Symphony Orchestra Con-
1991," an exhibit of her newwork, cert, at the Convention Center at
Call 325-7094. 4 p.m. The program will include ;'~ .:',. ~,:. ',~.. ·
· November 10, Sunday, English Nielsen, Symphony No. 4, The In- This first annual fund raiser was held by the Bakersfield City Fire Department and the
Madrigal Feaste, featuring music, extinguishable, Griffes, Pleasure
pageantry, heraldry, and feasting Dome of Kubla Khan, Strauss, Kern C0unty Fire Department t0 benefit the Kern C0unty Burn C0uncil. City fire fighter
in the spirit and style of Elizabe- Rosenkavalier Excerpts. For more Ross Kelly and County fire fighter Adam Grail spent four days atop this 100 foot ladder
than England. This is a scholar- information you. can call truckt0 raise m0neyf0rvictims 0ffire in Kern County. Several Local Radio Stations als0
ship fund-raiser. For ticket infer- 323-7928. Bakersfield Symphony took part by holding live remote broadcasts at the event.
marion and reservations call 664- islocatedat400TruxtunAvenue,
W~'-"ee~v0tte . ~O~L Suite 201, Bakersfield. Avenue, Bakersfield, or John ventionCenter. Performances are
ick ,~,% KI~KWH£££ .November 16, Saturday, An Mantz 1023 Baldwin, 93304, scheduled for Friday at 8 p.m.,
o~-~ Evening of l)iamonds and Dice phone 397-9572 or 325-5051. Saturday 1 p.m. & 8 p.m., Sunday
PO'l-rE RY c~,o Night, Bakersfield Con- · Saturday, November 23, Mozart: at 1 p.m. Contact Bakersfield
vention Center, 6:30 p.m. to In Memoriam. The Requiem will Symphony Orchestra, 400
CHRISTMAS SALE midnight. Costis$25. Casin.o-type be performed by the CSU Bakers- Truxtun Avenue, Suite 201,
gamesincludingblackjack, craps, field Choir, Musical da Camera Bakersfield 93301. 323-7928.
WHEN- SATURDAY, NOV. 23RD roulette, baccarat and wheel of orchestraandguestsoloists. Dore · FridayDecemberl3thatSp.m. at
fortune will be featured, along Theatre, 8 p.m. Tickets $11 gert- St. Josephs Church Bakersfield
TIME' lOAMTO 4PM withmusic, doorprizes, raffleand eral, $7 students, $3 children College Festival of Carols. Three
hors d'oeuvres. The event is under 10. Bakersfield College choirs, total-
WHERE' 2525 21ST STREET sponsored by Friends of the m Sunday, November 24, Mozart:In. ina 115 singers, will perform era-
Gleaners, 2030 14th Street, Memoriam. The requiem will be ditional carol arrangements at 8
..~ .. Sinc_e. 19z13 .... Bakersfield. For more informs- performed by the CSU Bakers- p.m. Admissionisfree. Sponsored
· ~° ~ .' ~' ~ ~.~ .. ~ ~*', ~®~.~*®'~ non contact Kfirel Daws at 324- ,. fiel~t Cho~r,-~]ca~15- Camera '-- by Kern Comfn~unrty. College
:¢,~;~:~'~?!,~ ~!~¥~:::~:.~2~::~3~ ....... ~::' :i~:; 2767. orchestra and guest soloists. First District, 1801 Panorama Drive,
~::~ ~[ir_.~ .:~:~i~R~ · November 16-17, Saturday and Presbyterian Church, 1705 Sty- Bakersfield. For more informa-
~1~ ~lm Ik I [1111 ~l[b,
I~"Pl~l/ql · Canopies Show and Sale, Kern County $ll general, $V students, $3 chil-
I · I[~ · I/'ql~') · Table;& Choirs Fairgrounds, Bakersfield. Samr- dren under 10. Many of the above listings
~ · Complete line of day 9 a.m. to 5 p.m., Sunday 9 · Friday, Saturday & Sunday, De- courtesy the Calendar of Events
...and sells.., paper-ware For sale
~ a.m. to 3 p.m. $2 admission. Con- cember 13, 14 & 15, Bakersfield published by the Kern County
tact Bakersfield Convention & Symphony Orchestra's' Nut- Beard of Trade.
Visitors Bureau, 1033 Truxtun cracker Ballet, Bakersfield Con-
Big Red Spaghetti Dinner Returns for BC Homecoming Pre-Game
The Big Red Spaghetti Dinner, a seats in plenty of time for the kick-
favorite among Renegade football off," she added. BC Art Gallery Presents Faculty Exhibition
fans, is back by popular demand for The Big Red Dinner of spaghetti,
the Saturday, November 9, home- green salad, french roll and bever- The "Annual Art Faculty
cominggameagainstLASouthwest, age sells for $3.50 per plate, andwill Exhibit" will open Thursday,
"We received so many'calls after be served in the BC cafeteria. Reser- November 7 and will continue
we dropped the dinner, we decided rations are not needed. People are through November 27. An opening
to take the hint and bring it back," advised to simply, "show up hun-
said Maureen Walsh-Meyers, food gry.' Bibs will be provided, recepfionwilltakeplaceNovember
service manager for the College. For more information call the 7, 6:30 - 8:30 p.m., in the Gal)cry.
2206 F Street 322-2246"We'llbeservingthedinnerfrom BC Ticket Office at 395-4326 or the Each year, the Bakersfield
5 p.m. to 6:30 p.m. only, because Public Information Office
Corner of F & 22nd Streets CarlBowserwantseverybodyintheir at 395-4251. ~ College art faculty exhibits a
variety of mediums including
paintings, prints, photographs,
Smurfit Recycling Company sculptures, glass and ceramx~s.
Admission isfree. Galleryhours,
with the exception of the special
Sunday opening, are Monday
26
1
5
"~:veStreet through Friday, 9 a.m. to
1 p.m., and Tuesday through
~,,,~,^~o~,,~,4~~,o**~,,.,,Cg_lifornia Thursday, 6:30 to 8:30 p.m.
395-3000 27 0 "0" street Per further information, call
Bakersfield Office 805/327-3841 the Fine and Performing Aves
Division at 395-4404.
Westchester Village News Page 3 November 19§1
NEWS PART !i
From Woodbridge England to Bakersfield
Richard and Haleh Burlingham versity of Southern California, now
are the husband andwife teamwho is at Stanford University working
have created an oasis for elegant on a master's degree in aerospace '
dining in downtown Bakersfield. engineering. Their daughter, Pilar,
While "The Ivy" appears mod- 21, is studying English at the Uni-
egt On the outside, inside you'll versity of Cai.;fern;a, B_erkeley. :
find fOod prepared to the highest Haleh graduated from the Cdr-
standards, and served with careful don Bleu in LondOn and has been
concern fo'r your comfort aprofessi0nalchefsince 1963. Her
'and enjoyment., career has taken diverse paths since
The friendly atmosphere found graduation. For a time she served
at "The Ivy" can be described as menu planner and supervisor of
as a lot like being a guest} in foods for the late Shah of Iran on
your own home. his airplane flights.
A chat with Mrs. Burlingh. am' In 1967-68 she had her own
· reveals her dedication to her cr~-ft, weekly _l_iv¢~' 30-minute cookery
Thepleasureshetakesinpreparing program on National Iranian TV.
'an imaginative menu is.obvious Then from1977-1979 sh~ served as
· when she says, "bei'ng a good-cook, a'foodconsultanttoTheAustraliafi
depends on enjoying whatyou do, Meat Board, where she was re-
liking the people you are cooking sponsible for preparation of recipes
for, and wanting fo please!" and food styling for photographic
The adventurohs spirit of the presentation.
Burlinghams has led them to up- Hal%h .was the chef/owner of
root add..live in various countries Bunge's. Restaurant in Yoxford}
during their married.life;_ even to E_ngland in thC 1980s--:d.. escr. ibed
explore new continents fin/] cul- /~s a :eggand ch~ps nosh house, by f~ichard and Hal0h 13urlin-~ham 0f"The I~ Caf0 and ?asea/Shop" are shown §feet;n§ customers in their shop with some of their melt-
tures, as when they spent two_years one writer. During [his period she in-y0ur-m0uth, pastries on a r. econt afternoon. [~ead about "The IW' on pa~e 9.
in Ghhnain 1970, while their ch;l- also was a food c°nsultant'to'. "
dren were still in infancy. ~ulpeper Ltd. (Herbs ~hd Spices) i: .- '
Still, it was the move to Bakers- - in London, England. ,,? : '
field that was the one which re-
quired the most courage. Happily,
now that they are established here,DowntOwn and Westchester Mixer.AnnouncedAttention'Medical staff
they are enjoying Bakersfi~Id's ':' ·
friendliness, openness and lack of A special "Downtown and West- city since its completion. The pub-
formality, its 15roximity to the' chester Mixer" is tentatively lic is invited--go don't miss the * Buried in paper work?
planned for Thursday, November chance to See one of Bakersfield's
mountains, cities and.beaches.. 21; from 5:30 p.m. to 7:30 p~m.~to ' finest historic buildings. · Billing backed up?
When pressed for cooking se- be held in the beautifully restored' RefreshmentswillbeServed, and · Doctor unhappy?
crees, Haleh-shared that ~he uses
MacSoft Building at 19th a drawing for prizes will be he~d. · Slow turnaround $$
only the finest extra virgin olive oil and G Streets. Admission is $3 for downtown
inhercooking(resultinginamuch The historic old Standard Oil members, and $4 for non-mem: We' Are Your Solution?
more delicate flavor). Building's restoration :has been bers. RSVP to DBA office 325-5892.
Haleh told us she doesn't do any -drawing comments from the entire
deep fat frying, bm rather lightly '-- ~ All Medicare, Medi-Cal, private
sautees food, using very little but-N kN ~A t NEWS~ insurance forms processed. In addition
tee. The result is food with great r ~ -f ~. complete billing services are available.
flavor, but. not:as laden with fat.
"It's exciting to have such di- k I RADIO '~~~ ~ ~ S~i~'Uj
versity ofpr0duce the year arouod,
as Ifin~l in Bakersfield. Makings 1 5 '6 -0 A M XtCtlfiU¢ ~J[[Jfl
salad i~ England in the xyinter, a
c°°k is severely limited bY what is'i'I $PORI$7
available, and the high price at- '; Ol 0 'rruxtun Ave., 'Suite B
tached. In fact, a good salad in
winter becomes a lux~ur)/," .. .-9884
she confided. !'ll J Business News '
"Elizabeth David is my favorite
cookbook author. I find myself
-reading cookbooks for both funFINANCIA£NEWSAg cu ure '
and new recipes," said Burlingham. " . Restorative
mcha~dandHa~eh~ivedi~ ~~.~ New8~ J r~l, !~:~!~ ~
Suffolk, England, but didn't meet
until 1959, when they both were ~ ' WOO .D. '
attending a language school in
Switzerland. Later, theywere mar- 0 DODGEBP]~' bY
ried in 1965 in the south of France.
They now have two children.
Aragon, theirson, a graduate of ° 1725 28 Street · 327-9925
Bakersfield College and the Uni-
-Westchester Village News "' .~ Page 4 November 19_91
NTEII/S PART il
EAT": A Landmark Disappears Bakersfield Symphony Presents
"New Directions" Concert
. The latest trends in contempo- Capricorn by Christopher Kuzell,
racy music composition will be Three Songs from Blake by Richard
spo~tlighted at a "New Directions Willis, Enough Stuff, by Mark
Concert" sponsored by the Winges, and Concert PieceforFour
Bakersfield Symphony on Sunday, Trumpets, Byron Yasui. Dr. Quilling
November 10, 4 p.m. in the audi- willdirecthiscomposifion,Fantasy
cerium of the Beale Memorial Li- for Violin and Piano.
braW. This eclectic program will fen-
The afternoon concert will be rare members of the Bakersfield
directed by Dr. Howard Quilling, STcmphony Orchestra and others
composer in residence at Bakers- who will have an opportunity to
field College since 1981. The pro- display their versatility in per-
gram will consist of the premier of forming contemporary works.
Whethery0u 10ved'em0rhated'em,theywerehighlyvisiblelandmarksinthispart0ft0wn Benjamin Boone's, Wood Nymph of Admission to the concert is $6
f0ra manyyears. N0wtheyare0nlyamem0ry, as the huge ne0n signs which ad0med the Nonacris, and the west coast pre- and tickets will be available at the
Rancho Bakersfield Motel and Coffee Shop for years, were being torn mier of They Who Hunger, by Jan door the day of the concert. For
down at press time. Swafford. additional information please call
· ~ ~ Also on the program will be the Symphony office, 323-7928. ,?
Holiday Waste Can be Reduced
[ I QUALITY PROPERTY I ' _ ' [I By Greg Sanders- Recycling Supervisor with the City of Bakersfield
[ [ MAN^~mm¢ ]2540FStreet· 327-0230~Hey! Congratulations West- This Christmas season, con- achieve this, all items purchased
chester 49 tonsofmaterialwere sider buying alive Christmas tree for Christmas are either reused
o.CLx~_?~x~(x0~ recycled at your facility in the which can be replanted in your or recycled. If you succeed, you
~x \xx,~.,~.~ 'xoxx~ parking lot of MontgomeryWard .garden, or kept as a potted plant, will have no waste in your can on
~xxCO~o. ,~xc,,~ ~¢x~ ~ ~c3'&' in September. This sets a record! Also consider using a fake tree December 26.
,.~x*~%~Cx~xo'~¢,~,~% ~'~ - ~'~ While the holiday season is an whichcanbeusedyearafteryear. IfI can help you with this or
~', c~'~_'~\xo`~ ,,ix~ --~-' ' ~.~5. ~ ,c~x'~x
.xou~ .,4'0" ,xxxo_ c,~w oaX~B' ~05 ,xCx* ~&0~ ~x~x Me.0a~ awesome,joyoustimeoftheyear, However, if you must have a any other effort, call me at 326-
.x.~'~ ;~o* .~ ~'~,xx ~¢,,~,~,~ ~,~,;
for the people working in the freshly cut tree, please recycle it 3114. Iwillbehappytoworkwith
~ ..... ............................. ...... '~{ waste management business, it is during our Christmas tree recy- you. May this holiday season be
I-~~~ ~-w--~ also.~.time of many headaches, clinj~ program. This program will the safest and best of your life-
Pldtureourlocallandfillsfairly I~ke place ihe t~o' ~ek~ foilo~w- .-W.nme! -x.~w. - .~
~}~ . ~ groaning under the staggering ins Christmas. MJTeh
amount of waste generated dur- Christmaswrapping paper is a
, . , usc ac ers'
~ Personally designed colorscape / landscape ins the Christmas season!. Below waste manager s mghtmare. Use
~ Monthly flowerbed maintenance are some tips on cutting down on bows on regular boxes, then re- Concert
~ Commercial & residential the amount of materials thrown use the box and the bow year
~? Free estimates awayat this time of year. after year. If items must be Lillian Bauer Cox is the special
~d;~, ~'~ ~O~~ Careful planning ofyour big wrapped, use the comic strips guest at a piano concert planned
1~,~,, family dinner can cut down on from the Sunday paper for color forFriday, November 15, at7p.m.
326 1 440 waste. A recent study conducted and decoration, at the First United Methodist
~ bythecountyindicatesthatnearly Recycle the comics with your Church on Stockdale:Highway.
7% of our waste stream is food other newspapers. Ifyoufeelyou . Mrs. Cox is a fellowship
waste which accounts for nearly must use fancy wrapping paper, graduate of Julliard Graduate
20,000 tons of material disposed make sure it is made with 100% SchoolofMusicwhere she earned
of at local landfills every year. recycled paper, her post graduate diploma. Her
Don't cook huge quantifies of While it may sound like extra teachers includedJosefand Rosina
food only to throw it away later, work at a very busy time of the Lhevinne, Simon and Helena
Make turkey soup and ham sand- year---once you make reducing, Barere, and Isidor Phillip.
wichesfromleftovers. Invitefam- reusing, and recycling a way of Mrs. Cox has appeared as a
ily and friends over for small life, it becomes a habit, concert pianist at Carnegie Hall
G A L L E R Y gatherings after Thanksgiving If you really get excited about in New York City and at Constitu-
SanJoaquin Community Hospital and Christmas to help consume this and want a.challe/nge, tryfor tion Hall in_ Washington D. C.,
2615 Eye Street rood left over after the holiday, a "zero waste Christmas.' To andin most of the leading co~acert
halls in the U. S. and Canada.
She has been soloist with many
SidneyS ' I PrOBtO Pri~tiBg Philharmonic andtheSanFran-
Dr. . Gomck orchestras including the SewYork
cisco Symphony. She has taught at
Opt S, ac.s~ University, Cincinnati
ometrist · Quality Printing University and the Cleveland In-
Contact Lenses · Hcrrd and Soft · Typesetting stitute of Music.
The concert is a benefit fund
Eyes Examin~ · Glasses Fitted · Friendly Sen/ice raiser for the scholarship program
of the Kern Branch Music Teach-
324-0033 or $OlJ 20th Street · 323-3700 ers Association. No fickets will be
327-0851 2805 F Street oU,
be received.
,:
Westchester Village News Page 5 November 1§91
INTEREST
Law Enforcement Comes to Bakersfield
A significant number of people
: ::~ :~:;:~: ~:~;,;:;:~;~:;;~::~: ~..~,~,~ settled in Bakersfield in the year
.............................. ................. ~ ...................... ~i~ 1864, and the trend was toward
~ more growth. However. on April
~fi'~ii~5~i~:i~[~ 13, 1876 the City of Bakersfield
~!i disincorporated and didn't rein-
............. ~iii~i~i~ ~,~ii corporate until 1898. '
~;~f',,.~ ,,h~; ?t b~:;:r~!~ ~,g ~ :,~C~g}~ ~ The reasons for
disincorporation read like a wild
~ ~:!¢wa~-qg:~r~3yslgS~i~f~gow~i west movie script. Alex Mills was
~fii~6Q~;~!l~'~:~}h::th'e ~olliswi~g:~a~ the town marshal. In this position
' he showed a great deal ofimagina-
~ i]§ii~gi, lin~ts~ov~~ ~nct;De~ii rive problem solving ability...
i ~6~':i§~V:'~o~m~:~::b~t~'h~ s~:~ "According to historian Morgan,
~:~torm~:notes rela~ng~to ~e:ea~]~ Mills was "an did man by the time
~:~,i~'!~*r,,.'~]gte~i~f~i6f:~ he became marshal...he was a
Kentuckian, a handy man with a
ii!;~:ii~}~]~i!i~gi}~!~i~h~ gun and not lacking in initiative
and resource when the mood
i i~g~ g ~¢~,~ ¢~it~ 5~ ~'! moved him.
i'~i:~i!'}~filg~6~fi~~ For example, once when he was
given papers to serve in an attach-
ment suit against the Southern Pa-
cific Railroad, Alex chained a log to
the rails, sat down on itwith his rifle
in his hands and announced that
The members of the Bakersfield Police posed for a photo in 1912. The names of the individuals have been 10st.
he had attached the right-of-way.
There would be nothing stir-
ring over them unfil thejudgmentRein{0rp0r ti0n in 1898
was satisfied. It was promptly saris-
fled."
You might gu_ess th,,e Mills was '; "From April'-1:3; :t876,?'until
[~0pu!ar with th~ voters. He was J~'nuary 11, 1989, Bakersfield re-
but resp°nsible °fficials became mained uninc°rp°rated' On
concerned about the vigor with January 13, 1898, the Board of
which he pursued his duties'.
According to historian Richard Trustees held its first meeting at
Bailey, "Itwassaidhe(Mills)would which a city seal was approved, two locations:
enter a business and, ifmoneydue Thomas A. Baker, a son of the 24th and H $1R[[18 DOWNTOWN
the town was not handed over im- city'sfounder, wasappointedcity OLD $11NE $OUIH OF MING
mediately, he would shoot holes in marshal. In February, the Board
the floor around the proprietor's of Trustees appointed E. A. Wil- Open 7 days a week
feet. City officials decided to fire liams 'policeman' to assist the
Mills, but word came back th at Mills
would retaliate with his very accu- marshal in his dufies. Baker served
rate shotgun." until April 12, 1899.
Holding an election wouldn't At the request of the Woman's The Original Quality
put the overzealous Mills out of Club, an ordinance was passed Upholstery Shop in
office, and they couldn't fire him, prohibiting spitting on the side- Bakersfield Since 1969
so they thought of a.way out. walk. Thiswas done, however, on
Or, to be more precise, H.A. the condition that ail ordinance I [nteri0rsF0r:
Jastro came up with a solution. He be enacted "prohibiting women i . Automobiles · Convertible Tops
suggested "Bakersfield residents wearing hats or bonnets while · Trucks · R.V.'s · Boats IN DOWNTOWN BAKERSFIELD
!
shoulddisincorporate the townand WE SPECIALIZE IN FACTORY MATCHUPS. AT 24TH STREET & "E"
so do away with the position of seated in any theater." While the WHOLESALET0 DEALERS ACROSS FROM PEP BOYS
town marshal, sidewalk spitting ordinance has
A petition was signed by69 resi- gone by the wayside, the head-
dents, and the disincorporadonwas gear ordinance, now modified to
approved by the Kern CountyBoard include all persons, has remained
of Supervisors. Bakersfield no in the Bakersfield Municipal
longer had to pay $76 a month to Code for 92 years. Choose from 31 to 100 inch IV images!
Alex Mills. From console st/les to hidden in the wall styles!
It is doubtful that Alex Mills Additionally, that year, the FREE SAME DAY DELIVERY!
Board passed an ordinance pro- Includes installation & instructions & hook up yourVCR! No down, no payments
learned any lesson from his dis-
missal from public office, for he hibiting all dancing and music til Januar~ of next year! N0 interest if paid off in .6 months! (requires
continued to be tactless and out- after midnight 'to prevent noisy credit a0~r0vall
spoken--until his death in 1896." amusement and '[o pr.event 2801 F Street* Westchester Village
pace. ~ immorality." .,~ Open 7 days · Mon-Fri 9-7 · Sat 9-5 · Sun 12-4
Westchester Village News Page 6 November 1991
INTEREST
Town Marshals Color Department's History
lng tasks of the marshal, apart from The Board gave authorization to
collecting license fees, was investigat- add an additional man for motorcycle
George Ami Tibbet lem; not because of a lack of available gunfight has been written in two fasci- lng liquor li'cense applications, work. On May 9, Henry Alexander
FromApril 13, 1899 untilMarch 1, ma~power, but rather a seeming lack nating books: Joseph E. Doctor's There were numerous attempts to McGregor was hired as the
1901, George Ami Tibbet served the on the part of the city fathers to see the "Shotguns on Sunday," and "The Kill- prevent some individuals from obtain- department's first motorcycle officer.
hamlet of Bakersfield as City Marshal, need. On April 22, Marshal Packard lng of Jim McKinney," by Harold L. lng licenses, either because of sincere He received $90 monthly salary plus an
sometimes under rather adverse con- 'called attention to the necessity of Edwards. McKinney was an infamous concerns about alcoholic beverages or additional $15 per month for fuel and
ditions as reflected in his own state- having police service.' outlaw who had roamed through because some business people were repairs: He had to provide the motor-
ment recounted the following: The matter was taken under consid- Mexico, Arizona and California, rob- trying to diminish competition, cycle. Later that year, a second motor-
"Among the many enforcement eration by the Board ofTrustees. Again bing and murdering as he went. Whatever the reasons, the Board of cycle officer, Thomas Blake, was ap-
problems facing the marshal were on April 29, he requested more police- BrotherofTibbet Named CityMar- Trustees and the marshal were kept pointed.
complaints of noise and disorder on men and he received authorization to shal busycontinuallywithinvestigationsand InSeptemberofthatyear, olivedrab
the streets after midnight, especially in appoint one. In May, a citizens' peri- Bert M. Tibbet, brother of the hearings to limit licenses, uniforms were recommended for the
m~d around the Turf Saloon at 1403 tionformoreofficersbroughtonemore former marshal, was named by the In July 1903, an order was issued police officers because 'theywithstm~d
19th Street, and complaints about officer to the department. Board of Trustees to replace Packard, from the Board that all paid police dirt better than any other color.'
people riding bicycles on sidewalks. Parking had begun to become a effective April 21, 1903. officers would be required to wear uni- Through the ensuing months, police
Marshal Tibbet replied to the Board problem in 1901. City Hall records show "During this period in Bakersfield's forms." problems and demands for service were
thathecouldnotstayupallnightevery From "Bakersfield Police Depart- much as theyare today.
night keeping peace m~d order because ment 1898-1990, Published by the There were complaints of speeding
he had daytime duties to attend. So, in !, L~: ~~'~--- Bakersfield Police Deparunent, Lt. Joe autos on Baker Street, requests for po-
July, 1899, a deputy marshal was ap- Moesta, Project Coordinator. lice patrol in the residential section of
pointed and in August, an ordinance Elonzo Davis Assumes Office town,'especiallynear21standBStreets'
was passed prohibiting the riding of ~ ~ "On January 11, 1904, Elonzo P. becausepettythievesandburglarswere
bicycles on sidewalks. I ~ ~ Davis took office. On that same date, constantlyannoyingpeopleandbreak-
The marshal was also instructed to Bert Tibbet was appointed 'police offi- lng into houses,' complaints from the
enforce an ordinm~ce requiring bells cer' over the objections of Davis' attor- businessmen in the downtown area of
on bicycles and the use of a light on neys. undesirables loitering' around their
them after dark. Later than year, the Records indicate that although businesses, and problems in establish-
marshal was authorized to appoint a Tibbet appears to have survived Mar- ments that sold alcoholic beverages,
special officer for one month each shal Davis' time in office, his relation- with complaints that women and mi-
quarter for collecting license fees." shipwiththedepartmentandwithmm~y nors were frequenting these premises.
By this time the census of 19.00.re- . ofthecitizensofBakersfieldwasatense Therewasalsoaburgeoningvice proly
corded the population at 4,836 in an one. lem in the city.
area of 3.75 square miles. During this time, police officer sala- In the November 1914 election, the
In February 1900, the marshal wa~ ries were raised from $75 a month to citizens of Bakersfield voted in favor of
authorized to appoint a special officer $90 , and a practice of granting indi- adopting a charter for the city. This
for night-watch duty to be paid by citi- vidual officers 30 days paid leave of char, ter provided for the division of the
zens. Bakersfield Police Department "Paddy Wagon" circa 1920. absence per year began, city into seven wards with one council-
In February 1901, Marshal Tibbet that a permit was given to a citizen to on one of the two ballot containers was During this same era, "automobiles man elected to represent each ward. It
became ill and on March 1, died of stand 2 two-horse teams in front of ' broken and the ballot count was sus- for hire" became a common sight and also provided for the council to al>
pneumonia." Hughes Drug Store on the Chester pect. E. P. Davis entered an official thelicensefeeforthesetaxiswas$7.50 point a city manager and the city man-
~ F~rqm "Bakersfield Police Depart- Avenu~ side and i - h r ............. per quarter, ager to appoint a chief of police.
'in~nt ]'~'~c~7= a=~.=;7~ ';=~,~'- ~. ..... · - - ~tw_o, o se team one_ pr.o. test,. Out,me_r, oam~_OX_Lrustees.~g:
o' wu, ruonsnec~ oy me- tl~'i9th Str'eet si'de)~ .................................. Davii-compteted-theterm-partially- --=Bakersfield'would become achartered
nored the broken seal and declared
Bakersfield Police Department, Lt. Joe From "Bakersfield Police Depart- Packi~rd the winner. - , filled by Tibbet and was reelected to a city in May, ! 915.
Moesta, Project Coordinator. ment 1898-1990, Published by the The election victory turned to trag- full second term. In 1907, heran against In 1914, Marshal McKamy's lawen-
Thomas Jefferson Packard Bakersfield Police Department, Lt. Joe edy before the week was out. Marshal James McKamy and was defeated." forcement career took a downward
"On March 2, Thomas Jefferson Moesta, Project Coordinator. PackardandDeputySheriffWillTibbet, James McRamy 1§0%1915 turn. In February of that year he was
Packard was elected by the Board of Marshal Packard W'ms Close Elec- Will's brother Bert, and several others "In a close election,James McKamy accused of failing to enforce laws deal-
won by 27 votes. By 1907, the populao lng with houses of 'ill fame.' In a trial
Trustees to fill the unexpired term (of lion or, Did He? converged on the Chinese Joss House tion of Bakersfield had grown to more held in March, a panel of three supe-
George Tibbet). There were only 37 Five votes constituted the margin of in the 2000 block of "L" Street.
days left in Marshal Tibbet's term of victory claimed by Marshal Packard in Upon entering the building, they than 7,300. With this growth came new rior.court judges rendered 'a unani-
office when Packard was appointed. In the race against his opponent, E.P. found the outlaw Jim McKinney and a police problems and challenges. Ve- mous%'decision ousting Marshal
the regularly scheduled general elec- Davis. The voting took place on April confederate in one of the rooms. Gun- hicular' traffic was one of them. Al- McKamyfromofficeandlevyingagainst
tion (inApril) Packardwaselectedtoa 13, 1903. fire erupted, mad when it was over, though there was no effective means of him a judgment of $500 for failure to
two year term as City Marshal. The City Clerk announced the seal McKinneywasdead, andDeputyTibbet enforcement, an ordinancewaspassed, enforce the laws against commercial-
Staffing a police force was a prob- and Marshal Packard were mortally 'limiting the speed of motor and all ized vice.' (The Morning Echo March
wounded, vehicles.' Tracking and locating stolen 5, 1914) ~
AC ITER KENNELSdTibbet died in the Southern Hotel property also presented a challenge. "~"
shortly after being shot. The newly An ordinance was passed requiring
elected Marshal Packard died in the pawnbrokersandsecondhanddealers
_~] ~~E~ ~.,ci~~~tting early morning hours the following day. to be licensed m~d to keep records of
Nine months elapsed before a court their transactions.
Q Quality Care & Nutrition [2 Largest Ind00r/0utd00r'Runs [2 Climate Records indicate that in early 1910,
Controlled ClTraining & Conditioning gl Many Other Services OPEN 7 DAYS order declared Elonzo. P. Davis the with the city's population now ap-
Closed Holidays true winner of the April 13 election, proaching 12,000 Marshal McKamy
Looking back, one wonders if
Pick Up & Delivery Packard could hage successfully de- appeared before the Board o Trustees
Airport Transport fended his win in court, or if Davis had advising that 'mm~y complaints had
member been declared the winner outright, beenreceivedconcerningautomobiles
[18~9 580' S. ~oad ~ would he have survived the shootout? expresseddriving over the speed limit.. 'the need for 'one or two'and
North of Pbnomo [one Considerable detail of this famous police officers with motorcycles to en-
West&ester
Flower & Gift
Shop l V/ t,P
· Award Winning Floral Design X'''X-' cO, Judie Tinkham
· Gi~ of distinction 2623 "F" Street
Westchester Village News Page 7 November 1991
PROFILE
Griffin
Griffin Communications
Nearly eleven years and hun- special savvy about marketing and lng Club for her work, created the
dreds of projects ago, Pat Griffin communicating with clients." logoforProjectCteanAir, aswellas
established an advertising agency In the agency business, stability the Bakersfield log° used by the
in a spare room of her home. The and future growth are based on Greater Bakersfield Convention
office included a phone, a chair ongoing relationships with clients, andVisitorsBureau, CityofBakers-
and desk and an electric typewriter Griffin has developed a sound base field and Greater Bakersfield
borrowed from her husband, of satisfied clients, including such Chamber of Commerce.
The firm outgrew the home- well~known organizations as One of the recent additions to
baSed office within six months and Columbo Construction, Kern the staffatGriffin Communications
relocated to professional office County Water Agency, H. M. isBeckyWuerth, who handles pub-
space downtown. Today, after sev- Holloway, Inc., Charter Hospital, licrelationsandaccountassistan~e.
eral moves to accommodate and Kern County Board of Trade. Denise Avery, who had been
growth, the company is now one of One of the firm's first clientswas working part-time in production
the leading agencies in Kern Mercy Hospital, for which Griffin for the past four years, took a full-
County. It is settled into a building has been agency of record for 10 time position as traffic coordinator
owned by Griffin on the corner of years. Since Griffin began working in October. Rona Chacon is busi-
Truxtun Avenue and E Street in with Mercy, it has grown into a. ness manager and is responsible
the Westchester area. network of 12 entities serving-a for operations and finances and
"It seems like every day brings multitude of health-cape markets, oversees support personnel.
change and new opportunity," said Bakersfield residents may rec- "I couldn't ask for a better stuff. ·
Griffin. "Itmakesforafast-moving, ognize several of the firm's more They're all intelligent, motivated
topsy-turvy lifestyle at times. There prominent designs, such as this professionals and support one an-
have been periods at the begin- year's theme for the Kern County other as a team," said Griffin. "I
ning of the business when 12 hour Fair (the star-spangled down, pie, think the biggest thrill for me now
dayswere prettynormal...I have to musical note and carousel), crc- is watching all this talent at work.
credit my husband, Mike, for his ated by designer Mary Feliz. They are inspiratiOnal. It's exciting
patience and good humor. SeniordesignerTeresaDowling, to see them as fired up as I am
He always puts things back in who has garnered a wall full of about where we are going."
perspectivewhenbusinessconcerns awards from Bakersfield Advertis-
start getting the best of me. And I~t 6riffi~
stressthere's than nothing playing better with to our relieve son. BakerStreet Branch Library to Reopen on November22
Somehow you can't stay uptight
very longwhenyou're hearing those
wonderful giggles from a 6 year
old."
Griffin credits her staff of mar- ~ Sandwiches made to order · Party Pltters for any occasion · Sandwiches
keting, design and advertising pro- "by the foot" for the truly hungry ~ We use fresh baked Pyrenees bread
fessionals for guiding the firm's
recent growth. Offering advertis- Healed Italian Meatball & Sandwiches Staffing At
lng, graphic design and public re- Italian Sausage ~ '1~ I~ ~1
lations, the agency provides mar- Sandwiches ~,~~
keting consultation, creative direc- "Our $1~ecialht" ~~~ ~ £xcevt
tion, copy writing, graphic design [ac[u0es a Small Salad ~~ Daily SDeci~ls
and media buying services. Eat Iff:.. ~-- ~ ...0r Take Out
Twoyearsagothefirmexpanded 1900 21st Street · Corner of "F" 0 23-7224
to provide clientswith multi-media
campaigns. Services now include
television, radio, direct-mail and
print advertising.
"Mysister, Sharon Stark,joined THE WINE SELLER
the firm about two years ago and
brought this wonderful burst of lhe architecture is as arrestin§ and handsome as the day it was built. 'lhe Baker Street F i n e W i n e s · G o u r rn e t B a s k e t s
new creative energy," said Griffin, Branch Library was built in 1915 in the "Italian Renaissance" design 0f the "Greek Revival
notingthatStark'sworkhasalready Federal Public Building" architectural shtle known as "Vernacular," by Orville Clark," · ~'~
won several.Kern Press Club hon- according to Bruce Keith, Bakersfield architect.
ors.
"Not only is she a skilled writer, Many Kern residents nurture is a stand out.
butshe's'amlcnted composer and fond memories ofthe historic Baker Page Turnbullwas the architect, 704A Oak Street WESHIF
creative director aswell. She'll/ake Street Branch of the Kern Library and On-Tech West the contractor
one look at something and imme- system. The awesome "bannisters" ontherecentrenovation. Theinte- ~2~' 1978 . WE DELIVER
diately see how it can be enhanced on either side of the steps leading rior has also been refurbished. Al-
or improved. I don't know how I to the interior have served as slides though the structure wasn't dam-
managed the agency without her." tomanychildren, andsomeofthese aged during the two earthquakes
Another boon to the business children now have achieved con- which struck Bakersfield in 1952,
has been Jill Ruskusky, who joined siderable age. the building has been reinforced
the firm in early 1990 as its first ". Thelionsstandingguardi. nfront to make it safer in any future seis-
account executive. "I had been o~ the library mystically hint at the mic activity.
handling all of our accounts myself treasure trove of reading delights Bakersfieldians over manyyears
for years," said Griffin. contained within this magical have whiled away countless hours Gallery at The Ice House
"It was difficult for me to del- building, selecting finding books, looking at .
egatework, because the communi- The resplendent design of the art, meeting friends, completing FineGifts, custom framing,
cation with the client is so impor- building has added to the enjoy- home work, doing research and ~)?~?ZtS~ original art and more.
tant to our business. Actually, I re- meat of patrons. In a city contain- takingpartinvariousculturalevents
ally hadn't planned on hiring an 10:30-6
account executive--until I met Jill. lng relatively few fine examples held here.
She's very competent and has a of historic architecture, it seeLl~RARy/page9 3401Chester Ave · 325-8008 ]0:a0- S T.
Westchester Village News Page 8 November 1~§1
REVIEW
Discovering The Ivy Pastry Shop and Cafe, An Original
By Stan Lee
As many times as I've walked but he shared interesting little rid- blend. It hadn't been overcooked
passed "The Ivy Pastry Shop and bits about each Rem listed, and sitting on a steam table for
Cafe" at 1418-18th Street, I hadn't My guest and I started our meal several hours--thus the
gone in! That, as it turns out, was with the Dolmas ($5.75) from the delectable flavor!
certainly my loss. In some way the variety of appetizers on the ment~. My guest ordered the Greek
outside never suggested the elegant These are a'form of grape leaves. Salad ($5.95) and he described it
dining, the warm and inviting at- They are vine leaves, mildly mari- as an abundance of fresh, crispy
mosphere contained within, nated and wrapped around an ex- greens mixed with Feta cheese,
· Richard Burlingham, the owner cellent combination of ground beef nicoise olives and capers, garnished
and host will greet you as though and lamb, rice and fresh herbs, with radishes and tomatoes.
youwerehismostvaluedcustomer, - These tasty morsels are served He raved about the flavor and
or a longtime friend, on a bed of marinated tomatoes quality of the Feta cheese. You'll
As we e~ntered, he explained the and Greek olives. I have sampled be glad to know The Ivy purchases
daily special, Peking Chicken on them in other establishments only the true and traditional Feta,
the bone with Ginger Sauce, and where they were cooked with a made with goat's milk. All ingredi-
instantlyhadmyfullattention!We heavy olive oil, but at "The Ivy," entswere mixedwith an outstand-
were seated and promptly met our they were light and delicious...a ing oil and vinegar dressing, made cent memory! One visit is really not enough to
waiter, who was well trained in res- most pleasant way to start a meal. from a special recipe.
Accompanying it was a portion fully experience the variety of of-
taurant etiquette. Not only was he Next the soup...a light creamy The dressing Was a combing-
knowledgeable about the menu, mushroom, onion and broccoli tion of light olive oil and white of savory garbanzo beans mixed ferings offered by '~The Ivy." If you
vinegar, rather than the heavy oil with finely chopped fresh toms- enjoyfinefood, carefull~,prepared
toes and bell peppers served on a and elegantly presented, put The
Westchester Bowl and red wine you might expect bed of crisp lettuce...both were Ivy on your regular dining list!
elsewhere. Myguestfoundthesalad tossed with the same savory olive Opening onto 18th Street, just
COFFEE SHOP~ absolutely delicious!
I ordered the Perogi (6.95), oil and white wine vinegar, around the corner, is The Ivy's
which is a kind of Polish burrito. The dessert bar is inviting in- Pastry Shop, which offers patrons a
"...a family tradition'' Thepastry (made on the premises) deed! They have an impressive ar, place for aquickcup ofcoffee, and
ray of cakes, pies and tarts, all pre- a luscious array of pastries to take
is the touch which turns this dish '
· pared on the premises and tasting home with them.
WE'RE FAMOUS FOR OUR DELI~IOUS: into a special treat. The delicate luscious and homemade. "The Ivy Pastry Shop" is open
*Fish & Chips ~French Dip Sandwiches filo pastry was the lightest and Because I had just experienced Monday- Friday 7 a.m. to 4 p.m..
· Ham & Pancakes · Budget Salads flakiest I've sampled.
an excellent assortment of tastes Lunch is served Monday-Friday
1819 30th· Mon-Fri6am-11pm It was wrapped around a tooth- anddidn'twanttoconfusemytaste 11:30-2:00 p.m. You can phone
- some cooked salmon on poached :
Sat 7am-11pm · Sun 8am -1 Opm spihach, sprinkled with mozarella, buds, so I passed on the desserts. ~ihead for full take-out service. It is
. However, I have promised myself a accessible to the handicapped. The
The perogi was an epicurean'.de-
- ~ - ~ ' _!~gh ~lh_c.o~_p_arable,~to. none in~ .r..e_~ ~re.turn trip to tr~ them. telephone number is 325-9725. ?
CAL
guarded the entrance to the library, looking up the slick' asexual paint-
UN ~ something bad would happen to us. ings paintings of naked women and
·U Once accomplished, through the men. The first male nude I ever saw
In an effort to spring us from our glass doors into a world of books. All was Michelangelo's David.
cultural poverty, frequently mother librarie's have a certain smell which is There was no poverty or squalor
' ' sent us to the Baker Street Branch so unique, blindfolded you'd be able 'round the world. We shared Goya,
Librarywhich was located just around to recognize t.hat particular environ- Matisse nudes, Renoir's bare bottoms
,the corner from our school, Wash- ment. by a hazy stream.
STERN :ingtonJunior High. The librarian had high cheek- Our quiet double-edged banter
WE RE GION It was our first temple of civic bones and red hair, and resembled a was comfortable--the closest thing
culture. The library was our second, chunky Katharine Hepburn, man- we knew to an appropriate society.
Many summers we trecked past aged to be cordial and remote all at And, we had our parents approval
~ __ the deep lawns, big wooden porches the same time, like a stylish maitre d'. and the librarians admiration. Al-
of the houses that lined the street,. On her desk was a waxy plant which mostinaudible in hersensible stacked
and the trees, whichwerestillleafing seemed never to grow or bloom over shoes, she would saunter by and
out. Up Baker Street we walked, by the years. She smelled of laundry commend us on our choice of art. ?
'q estchester's the drug store, the bicycle shop, Bob soap.
White's Hamburger Haven. It was here, surrounded by dust°
We'd pause reverently and gaze less oak furniture, wooden card files LIBRARY
at Governor Warren's house--the and magnificent, musty smells, we frompage 8
NewSpirit" house my grandmother had pointed learned a great deal. For instance we The Baker Street Branch has been
to with pride a hundred times be- revered poets and novelists, so much
fore. SheknewEarlWarren'smother, so that just reading the card catalog an important institution in our
so that made grandma somewhat of sent chills up our spines when we ran community, as any one who grew up
_ __ a celebrity, across such names as Nietzsche and in that neighborhood will tell you!
~ ~ Therewas the superstition thatif Steinbeck. Reopening ceremonies for the
wedidn'tputahandintothemouth But, our true passion--until we Baker Street Branch of the Kern
of one of the marble lions who outgrew it--was "the artS," or rather County Library are scheduled for
Friday, November 22, at 10 a.m. The
~--- - ~ S'~'t~t~ -- public in invited to'attend.
I,l~ ~ C~si~ A parade is planned, which will
B U Y feature theband, cheerleadersanda
~ ~ ~ drill team from Washington Junior
t
Z '' y u to enjoy a FREE NE High, a color guard from Longfellow
iiz Two Itc~n Combination or Combi- Elementary School and primary
nation Burrito dinner with this coupon E I classes from Jefferson Elementary
School. '~'
II°
~ and your purchase of one dinner before
[[~o January 5th, 1992. Beverages extra. Not ONE -The parade will begin at Baker
valid with any other offer, and Lake Streets, and continue up
FREE[ Baker Street until it arrives at the
11716 21st Street 322 2655 Baker StreetBranchLibrary. The
e - 3 2 5 7 '0 9 4' public may choose to join in the
parade at any point. ~
Westchester Village News Page 9 November 1991.
LIVING
ShopPing Around 'Town
Drake Street while repairing and upgrading
For ¢×arnpl¢ thcr¢'s'.a streets. The City of Bakersfield has been
I~rge" collecdo~ of ]itde,': busy recently in a number of neighborhood
gift clocks, tm~¢l alarms, locations doing everything from sewer
a~d £ashio~ w~tchcs, with repairs to reapplying asphalt/
color-coordinated mix'n
match bands and bezels. ~'
You know the kind, where
your watch can always
match your outfit!
And of course, the ever
popular Mickey Mouse
watches can be found
here, also. Jewelry boxes,
and jewelry travel cases
abound, in just about ev-
ery size, shape and price The writer was fascinated by a
range--really one of the huge old Grandfather clock now in
xz~,~- largest selections of jew- stock, called the "Winterhalder,"
elry boxes in town. done in genuine mahogany, which is
Of course, we always a reproduction of a treasured clock ' '-' ' ': ' ' ....'
checkoutitsesmtejewelry from the Howard Miller family.
case when we shop here, This work of art is an heirloom
Intri~uin§ displays at "Sentimental 30ume¥," d0wnt0wn's newest just to see what's new. A clock dial finished in shuffled cherry
antique sh0~ at 1633 - 19th Street, invite collectors to browse. ~ead gorgeous pearl bracelet with crotch (butterfly) mahogany .
more about them in 0ur"Sh0pping Around" column, with an elegantly carved overlay. It appears tall and stately, "Together, we haoe something special"
For shoppers, things are looking jade clasp was in the estate case last ' measuring approximately 87 inches
up in this part of town. A recent trip we looked! mil and 26 inces w, ide--beautiful!
downtown disclosed an original an- Carriage Jewelers also has a good And we had to peek in at
tiqueshop, andma~nyimprovements selection of handsome men's belt Babcock's Book Shop, toperuse the
· and additions to our neighborhood buckles and a number of other completed remodeling of the
stores and shops, giftablesformen. Pickupneatthings children's section. There will be a ·
Sentimental Journey, at 1633-19th for babies here also. Remember Car- Christmas card preview open house
Street, has a certain flair more often riage Jewelers does engraving, for with coffee and stuff for those who
associated with-Bay Area cities, the perfect personal touch, drop by on Friday and Saturday,
Owned by Sh{cila McCaa and Tanya The stock of large clocks for the November 15 and 16. Remember
Howze;it-isaplaceshopperscanfind~ homeandofficehagbeengrowingat BabcoclCs offei's free gift wrapping. B~i~F~r~-.~,~ ~'~~~lIDy[L~ItL~
women and men's clothing from the Eli's Clocks: Just in time for Chris~- Cut-off date for special orders is De-
40's and 50's in excellent condition, mas, you're going to find beautiful cember 10. A Professional Corporation
hats, jewelry, furniture, household clocks, big and small, in every Right around the corner from
bric-a-brac, wall art, and memora- price range, see HOLIDAYS/ page 11
bilia, mostly from the 1950s, give or '. Attorneys at Law
take a decade or' two.
Particularly impressive was their
collection of jewelry in' turqu.oise, Uflocai
silver, carnelian, and jet. Many'of the
pieces on display showed fine work- 1800 30th Street, Fourth floor Telephone (805) 631-5560
manship, and good. design. Some Bakersfield, CA 93301 Facsimile (805)323-12M0
jewelry was quite old, and ran the
~, gamut from whimsy to exquisite.
~ "Sentimental Journey" also of- -'
i fered an arresting art deco cocktail
"ATTEN HUT!"
! set, a number of lamps in the 50's
,: modern style, luggage, lots of old
car's eye sunglasses, klieg lights, old
Marilyn Monroe postcards, and a
wonderful time-worn picture of fla-
mingos framed with mirrors.
In stock is an extensive collection
of marcasite reproduction jewelry in
au th entic pe rio d desi gas, and an Roller hockey is popular this fall. Shown above are th tee neighborhood youths getting.~g~.~,,,,
outrageous velvet skirt embellished in a little serious practice time while the sun shines and the weather is remains warm.
with beads and sequins.
We predict this shop is going to
be popular with. collectors!
The holidays are rushing toward
us with all the impatience and subtlety
of a freight train! May we suggest
Carriage Jewelers as one of your stops
~.~.~ '. in choosing gifts. You'll see many
price-range.imaginativegiftitemsintheimpulse- CLASSICAL 92
Cloisonne and enamel jewelry KIWI ~ FM
~. collectors will catch a special display
, of inexpensive signature pins and Your stereo concert ball o Classical nmsic 24 bouts a day
~ earrings with whimsical motifs, (such
aS cats).
!'
~ Westchester Village News Page 10 November 1991
¥
LIVING
HOLIDAYS o. November Is Ideal
For
I'1 I1_
Kathy Weston - Petals 'n Paradise
1516 -18th Street. It is a non-profit Bakersfield's mild, beautiful
volunteer-staffed mission project of November weather inspires most
Westminster Presbyterian Church. gardeners to do clean-up work. I
Global Gifts offers unusual orna- suggest you do your pruning of any
menu, nativity sets, and unique gifts dead or broken branches this
items from 35 third-world countries, month.
Its holiday hours are Monday-Friday, General maintenance pruning
10 a.m. to 4 p.m. and Saturday, 10 should be done after the leaves
a.m. to 2 p.m. have fallen. Be sure to rake leaves
AtWestchesterTV~s recent "New off your tuff, as you will prevent
Stuff Show," some exciting new insect and mold problems. No-
products were unveiled. Explained ~ vemberweather is usually mild and
Stun Loewen, "Expected to have a sumers start their electronic book still a good time for planting.
bigimpactonconsumersistheSony library with the purchase of the The tulip and hyacinth bulbs
Data Discman, Electronic Book product," he added, you put into the refrigerator ear-
The umbrellasare n0w0nlya mem0~,butf0rash0rttimethe hills between Bakersfield Player. This brand new device will He further explained, 'The Data lier this year can be planted mid-
and Los Angeles were bright with shimmering beauty. We salute the artist Christ0 for putelectronicbooksofup to 100,000 Discman player is easy to use and month. Remember to modifyyour
his magnificent envir0nmental art project, pagesoftextor32,000graphicson a because of its portability, it offers watering as needed for the cool
single3-inchopticaldisc! It provides instant access to information any- weather.
ease of use, requiring no computer where, anytime, by anyone." Ac- To dress up your Thanksgiving
expertise," he said. cording to a Sony spokesperson, feast, you may choose to add some
edible flowers. If you have these
"It will be packaged with three '~Fhe task of storing and accessing flowersgrowinginyourownflower
free 'electronic books': Compton's informationhasbeenrevolutionized garden, its time to reap your re-
Concise Encyclopedia and Passport bytheminiaturizationofelectronics wards. You'll find adding pansies,
Books, World Travel Translator, and and the proliferation of the personal calendulas, or nasturtiums to your
Houghton Mifflin Company's computer."¢ dining table centerpiece adds a
Wellness Encyclopedia' to help con- lovely grace note. Enjoy! ¢
New clocks
Expert clock repair 'Getting Ready for the Holidays KeepingHome's Tax Track Basis of Your
Accipiter Kennels (845-3329) going to require more tables, chairs, By Kerry S. McGilt, M.B.A.
1905 - 23rd Street 326-8888 suggestsyoucallassoonasyouknow linens, china or bar space thanyou The end of the year is a good
the dates you need to reserve pet have, call Best Rents at 327-2791 to time to review the amount which
boarding space, should you plan to arrange delivery. They also offer an should be added to the tax basis of
~-*,'~ -go a~hy for the ho i ays. ~pec~a y ]magih~'Sii~'-Iin~t p~/~er decora- -:you~=l~rrver~used~fov'~ca'lettlating~
: at the holidays, reservations are tions, your capitalgains. These expenses
necessary. Beautiful, original floral center- ultimately reduce the amount of
Janice strongly emphasized they pieces, manteldecorationsandother profitwhenyoueventuallysellyour
home. If you own your home for a
have strict requirements on vaccina- holiday displays can be found at long number of years, this amount
HOME CARE tion of pets they accept for board- WestchesterFlowerandGift. Takea can add up to a substautial tax
lng. Standards are maintained for fewminutestopickupflowerswhich savings.
322-7077 the protection of everyone, will add just the right look of You should keep records of the
An advance phone call will in- elegance to your holiday entertain- cost of anything which adds value
MEDICAL EQUIPMENT · OXYGEN · FREE DELIVERY form you of what is required. Then lng! While you're there check out to your house. This not only in-
you can enjoy your trip, while your the toys, cups and saucers for col- eludes large expenditures such as
1801 19th Street David Shears or eniD. a lectors, and unusual glassware. This pools, but also smaller projects
caring environment while you are shop offers the best selection of likebuilt-inbookcasesandnewfix-
-- -- -~ -- --. ,~ COUPON }, =,- ~--,,-----~ away. Accipiter offers pickup and poinsettias, too. tures (faucets, ceiling fans, towel
W4~?;~: ~?y0~;?~i delivery of your pet, and airport If you're searching for just the racks, cabinets). Do-it-yourself
transport, ri§h~imprimed Christmas card, look materials count, too. However, re-
Call Gene's Clean S~-6~90foran over their selection at Pronto Print- pairs do not count.
fly~& OflAPE~~fly I Good records are essential. It is
[ ~___.... f~ app°intment t° clean y°ur carpet' lng at 905 - 20th Street' better to save even questionable
~ ~0~L$ drapes and upholstered furniture Which leads us to one our favor- project documents, and when it is
[ , H TE ] well in advance of the holidays, itc subjects--art. The Art Express, time to sell your home, take the
Cleaning is another small task you newly located near Patrick's Resmu- whole lot of them to your tax pro-
~ ~ don't want to leave until the last rant, is featuring new wall art or fessional to pass judgement upon.
~ ~ . ~ minute, because you could be sculpturetogiveyourhomeoroffice Besuretoincludeindirectcosts,
[ ~ ~ [ disappointed, just the improvement it needs for such as surveying or architectural
I Gene Brown, Owner I If your holiday entertaining is increased holiday entertaining! ~? fees.
If you borrow againstyour home
[ DRA,P, ERIES $1 PER PLEAT · WHERE THEY HANG [ to make the improvements, you
I Soil Extracted - Not Scrubbed Deeper I can deduct the points which you
have paid on the loan this year,
[ THATS THE DIFFERENCE! I rather than over the life of the
I Carpet Dry Cleaning Also! I loan, as would be the case if the
funds were used for a non-house
~ related purchase.
[ FIRE & WATER DAMAGE- INSURANCE WORK [ By the way, if you are a. condo
owner and pay annual association
6290 1 fees which go into a capital re-
322- placement fund, these fees can also
be added to the basis of your home.
Any 3 Rooms & Hall 223 E. 18th Street Chair or Loveseat i ] (~c2 ' -B2B 88gZ KerryS. McCillisatax~ofessional
Additional Rooms $10 i [ //for appointment and owner of McGiII & Company,
m~mm~~~m~mm~mmm~m~mmm~L 861-9744.~
Westchester Village News Page 11 November. 1991
GUIDE
Art Express - 325-8008 Go by soon to see the largest
collection of frames, framed and unframed art in Kern
County. The shop has access to 25,000 prints, and
sculpture, gifts and cards. Look for it in their new
location, next to Patrick's in the (formerly) bar area.
Best Rents - 327-2791 Find the party supplies you
need for Holiday parties or weddings at Rest Rents.
They have everythincj you need to rent or buy, for a
successful party including canopies, extra tables,
chairs, silver, linens, gazebos, arches, tents and a
portable bar.
Carriage Jewelers - 322-2246 Celebrate your love
or small diamonds are all beautiful. A diamond is
forever. Come in to see our selection.
C. L Clark Galleries- 325-7094 Fine art and antique
appraisals, original oils, water colors and sculpture.
Custom framing for original or print art work.
Eli's Clocks - 326-8888 Get a head start on that very ~ ·
special Christmas gift, come in and lay it away now!
We have a large selection to choose from. Isn't this the
Christmas for a Grandfather clock? Call us for expert
clock repair sales and service. /
San Joaq-in Home Care - 322-7077 Home medical
equipment, braces and private mastectomy fittings, 'Kathy Weston of "Petals and Paradise" is shown planting bulbs which will splash a
medicaloxygen, walking aides, hospitalbeds, wheel neighbor's garden with color in spring. She provides a "colorscaping' service to
chairsandotherhomehealthspecialtyneeds, 24-hourhomeowners wishing to brighten and beautify their yards.
emergency service, free local delivery, teaching as- you need serious attention to get rid of accumulated They provide counsel in the fields of federal and state
-~ sistance on all equipment. Financing available O.A.C.
,_.~ dirt and grime, taxation, litigation, business planning, estate plan-
Medicare-medical-private insurance Petals 'n Paradise - 326-1440 Kathy Weston will ning, probate, employee benefit plans, insolvency,
San Joaquin Hospital Gilt Shop - 395-3000 If you help you colorscape your yard. She will select the personal injury, oil and gas, agriculture, construction,
need a nifty gi,ft, this is the place. They have a huge flowers, and do a design to achieve maximum color natural resources and environmental law.
stock of gifts for the Holidayseason. Remember, when impact. She will add the needed color touches to take Fritch Eye Care Ceeter - 327-8511 2525 Eye Street.
youshophere, theprofitsgotohelpwiththeimportant youryardtoper[ection. Callherformoreinformation. The combinedexperienceoftheirteamofophthal- Thomos Armstrong D D S
charitable work they do! Pronto Priming - 323-3700 Susan Pugh has joined mologists, Registered Nurses, Certified Ophthalmic ' ' ·
Stinson's Stationer's - 323-7611, FAX 327-5299 us. Sheisagraphicartistwhohasbeeninprintingand Assistants and technicians and visiting surgeons al-
PhoneorfaxStinson'sforallyourofficesupplies. They advertising for 10 years. She can design corporate lows the Fritch Eye Care Center to provide compre-
offer fast delivery. Calt them for high quality recycled packages, four-color brochures or simple flyers. The hensive ophthalmic service. Comprehensive Dentist.ry for
paper for your office. Call Stinson's to order quality Heidelberg Presswill giveyouthe finest reproduction, Any patient in need of urgent attention can call their Adults cirri Children
recvcledeaoer supplies! Rememberyoucanfaxyour because after all - first impressions are the most office, wheretheirrecentlyexpandedstaffisreadyto · Preventative Qnd Restorotive Core
orders, important. Call Susan with your next print jbb. provide immediate care. Contact them for more in-
WestchesterTV-325-243~lt'stimefortheBigBose OualityAirConditioning-324.2691Hardasitisto formationabouttheirpatientservices,referralne~ork, · Cosmetic Dentistry
Speaker Trade-Upx Sale! Time t° impr°ve y°ur stere° believe, the time is hereto shut down your evaporative free screenings and senior citizen groups. ' · Implants
system. Fill yo,ur home with glorious rriusic for the cooler and check out your heater for winter. Call Sidney $. 6onick, Optometrist, 324-0033 or
holidays! You'll find Sonance, Sony DST, Sony ES, Quality Air for the Earn Bird Soecial, Don't wait any 327-0851 Getting ready for ;'Back to School?" The 2 1 O0 I 8th Street
Velod~)ne, Lexicon, KEF, Klipsch, Bose,' Philips, longer. Call us today! friendly staff at Dr. Gonick's office is prepared to help
/ Wall~,ision, Adcom, Kenwood, all the better audio Quali~/Property Management - 327-0230 Nancy you meet all of your eye care needs. They have full
' 631-5580
manufacturers represented,, here! Lots of good Sew,Il, owner, at 2540 F Street provides Iow cost contact lends service including hard, soft, permeable
Cf~ristmas ideas! maintenance, Iow vacancy rate, personal communi- and disposable lenses. Stop in and see the new fall
Westchester Rowers & Gifts - 327-3887 Every- cation with owners and tenants. Full service--ac* ' fashion frames!
thing you will need to add sparkle and panache toyour - - .
......... countmg, mspectmns. MemberKern CountyApartment San Joaquin Hospital - ]95-3000 Our communi~ KEEP YOUR COOL WITH . Chuck & Sue
_ _ hohoay entertammg. Beautnu~ centerpieces designed .... Association. Houses, condos, apartments, and com- hospital has many services to help you maintain your- · ~--- ~-...~ .... .,:, ~. -- - -- -
just foryour table or mahtel,aod an exquisite selection mercial. Aisc, homeowners associations health. We salute them for making such a wonderful * I1~, _1~ ~L~Y
of home accessories. ' Smurflt Recycling Co. - 327-3841 They are now contribution to our neighborhood!
TheWineSeller-327-1978704AOakStreet--shop acceptingplasticmilkjugsforrecycling, inadditionto JerryWoolf, DDS-]27-9925Wecanoff~eryouper- [1~[[ I~i~'~e of Bakersfield 86~40
here for fine wines, gourmet food baskets and gifts, paper, aluminum cans and glass, manent, non-removable dentures and partials. Call '
eleganttouchesforyourholidaydinners, beaotifulgift Specialized Photographic Sewices - 324-7239, our office for details. Summer is the idea~ time for
baskets and great wine selections. Fax 324-0607 The slide people will help you with dental appointments. Our pleasant, up-beat staff 2015 Westwind Dr. #5
They will ship your gift selections to friends and computer slides, slide duplication, color copy slides, make it so easy.
re,atives, phonefortheirbrochure, lnNovember, they slidesfromnegatives, E-e slide processing. Produced ~;~~':~*~'~.... 324 2691
are having a one-half price sale on selected cases of and processed in-house. They produce slides for ~~~ '
wine. Napa Valley Merlot, Napa Valley Chardonnay, marketing, safety training, annual meetings, teaching ~J ~ff~'~,,~'~:, ·~, ~ ~ ~-~!~'~° "'
Pinot Noir from Wild Horse, and Sauvignon Blanc from seminars and new employee orientation.
~;~Cedarbr°°kare°nsale"~;"~'::'~'~;~~!,~;~%~ Strandz Beauty Salon - 325-3530 Catl for an ap- The lvy Restaurant- 325-9726 Continental break- Evaporative Coolers· AirConditioning
~ ~ 2~C~ I ]~ ~] ~,~,~ pointment soon. Jude. Tinkhan invites you to come in fast, espresso, cappucino, plus fine pastries (all made ~]
i'~,~,~,,,~?~:~ ~; ~¢ ~ ~:,,~!~ to get acquainted with their staff. They offer perma- on the premises), take-out soup, salads, sandwiches r a s s. c iali sts
t'~ii~i!i~i~i~7~!~i;~ ~'~"':~'~ili~i!~~;~i nents, hair color, cuts, manicures and all other beauty and main-course pies. Pick-up orders phone 325-
services. You can have your choice! 9725, and collect them at the Iv,/Pastry Shop, 1418- ~
· Aberdeen Resume Service - 323-8892, Tony'sAutoUpholstery-325-5365CheckoutTony's 18th St.. Mondaythru Friday 7 a.m. todp.m. ~'~ ........ '~ ~ ~, ",~ ,~'~ :~ ~ '~ ~ :~
~- FAX323-9956Yourresumepreparedbyaprofessional competitive prices...headliners start at $85, bench La Costa Ma~iscos - 322-2655, 716 21st Street ~i~;~ ~ ~ ~ ,,' ~ ~:~;~ ,.~ ~, %: ~ ;, ~:~ ,. ,~:~ , ~ ~: ~'~
on anApple Macintosh and laser printer, while you wait. seats start at $95. Located at 24 Street and 'E", they invites you to enjoy a their healthy, authentic Mexican
Call for a same-day appointment. Copy service aretheoriginalqualityupholsteryshopinBakersfield seafoodcuisine. Theyalsofeatureacompletemenuof ~
avagable. Or, ifyouchoose, faxyaurnotesinadvance, since 1969. traditional Mexican dishes. Try them for lunch or
so your resume will be waiting for you.
~,,,i~',~7~: ~ ~' "~'~'~:~¢~" Charles D. Fritch, M. D. · James D. Shuler, M. D. · Robert G. Grisso, O. D. · Ronald M. Kosh, O. D.
~,~,~:~Villa.~i~,?,~,,~ dinner. Look for a free dinner coupon inside!
Accipiter Kennels - 845-3329 Pick up and delivery ~¢~ ~i~i;,~ Pete's Deli - 323-7224 (1900-21st St.) Party platters
and airport transport available. They are your complete ~¢~ ~ ~ ~i:~ ~ ~;.,':~ for your next special event! Lots of delicious platters 'Center for Excellence"
pet care facility in a quiet country setting. All breeds of to choose from, including fruits, sandwiches, cold cuts
dogs and cats, grnomedbyappointment. Boardingfor DrThomasArmstrong, D.D.S. 631-5580, Iocatedat andmore. Call for more information. 2525 Eye Street · Participating Medicare Providers
allbreeds,also. Theyprovidequalitycareandnutrition, 2100-18th Street. He specializes in general practice Westchester BowlCoffee Shop -32.5-2287 Think · Medicare Approved Facility
largest indoor/outdoor runs, and climate control, dentristry, preventive and restorative care, cosmetic about stopping by for their famous fish 'n chips for Bakersfield. CA 93301 · Outpatient Surgery
Cai-Farm Insurance - 323-8141 at 2724 "L" Street dentistry and implants take-home. None better anywhere! Try their ice tea
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Westchester Village News Pa'ge 12 November 1991
CITY COUNCIL REFERRAL
MEETING OF: 11/06/91
REFERRED TO: BUDGET & FINANCE d W STINSON '
ITEM: RECORD¢ 9377
Communication from Governor Pete Wilson regarding
flexible fuel vehicles. (Brunni)
ACTION TAKEN BY COUNCIL:
BUDGET AND FINANCE COMMITTEE AND PUBLIC WORKS TO
EXPLORE AND RESPOND BACK TO COUNCIL.
BACKUP MATERIAL ATTACHED: YES
DATE FORWARDED BY CITY CLERK: 11/08/91
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE,
GOVERNOR PETE WILSON
October 25, 1991
Dear Local Government Official:
RE: Availability of Fuel Flexible Vehicles
As you are aware, California has adopted far-reaching goals
and measures to address our citizens' environmental and energy
concerns. In addition, the California Clean Air Act adopted in
1989 requires each air quality management district in the state to
achieve an annual 5 percent reduction in hazardous air emissions.
To support these objectives, the California Energy Commission
and several of our air quality management districts have sponsored
aggressive demonstration programs which have placed California at
the threshold of new vehicle technology development. As one of my
first acts as Governor, I ordered the Department of General
Services to begin incorporating alternatively fueled vehicles into
the state's fleet.
As a leader in California, you have the ability to make
important decisions which support our goals of a clean environment
and strong economy. I am pleased to announce that 2,000 "fuel
flexible" Chevrolet Luminas and 200 Ford'Econoline vans are now
available for purchase by public and private fleets throughout
California. An additional 2,500 Ford Tauruses can be ordered in
October, 1992.
These Vehicles run on methanol, gasoline, or any Combination
of the two in a single fuel tank. These vehicles produces at
least 30 percent, and in many cases as much as 50 percent, les~.
smoq forminq emissions than their gasoline counterpart,s.
I am fully aware of the sensitivity to budget constraints
this year. Nevertheless, government must take a leadership role
in endorsing clean, alternative fuel technology so that we fulfill
our responsibility in meeting health-based air quality standards.
If your agency is planning to purchase any new automobiles, I
encourage you to purchase at least 10 percent as fuel flexible
vehicles in fiscal year 1991-92.
SACRAMENTO. CALIFORNIA 95814 (916) 445-~$41
Local Government Official
Page Two
Cost sharing is available through the California Energy
Commission, South Coast' and Sacramento Metropolitan Air Quality
Management Districts for up to the entire incremental cost of
purchasing.clean fueLvehicles ..... Some~local~agencies in the South
Coast Air Quality Management District may qualify for additional
cost sharing through AB 2766, legislation which provides funds to
reduce mobile source emissions.
The state, major brand private sector fuel companies and many
local agencies have already developed a geographically dispersed
fuel distribution system and hundreds of additional service
station outlets will be established at retail fuel facilities over
the next few years.
I would like to urge your serious consideration'of an
opportunity for your agency to be an environmental leader in
California. In addition to the public recognition which the state
will provide and the variety of regulatory and economic incentives
being offered, you will have the satisfaction of contributing to a
solution for two of our most vexing problems: air quality and
energy security.
For more information about how to purchase these fuel
flexible vehicles, please contact Dan Fong of the California
Energy Commission at (916) 654-4634. To ensure an opportunity to
purchase a Lumina or Econoline, orders must be placed by
January 20, 1992. I look forward to working with you in this
important and essential endeavor.
Sincerely,
PETE WILSON
Enclosures
CLEAN CALiFORNiA i
Fuel Flexible Vehicles Contribute to Improved
California Air Quality and Energy Diversity
Energy ~ .
Commission Working iointly toward the goals of improved air quality, protecting the environment, and
providing safe and alternative supplies of energy, it is our ioint consensus that the current genera-
tion of fuel flexible vehicles (FFVs) operated on methanol (M85) fuels:
California · Reduce smog-forming emissions by at least 30 percent, and in many cases by as much
Air as $0 percent, compared to the emissions of their gasoline counterparts
ResoUrces · Reduce toxic emissions by 50 percent
Board'
· Provide equal or better performance and fuel efficiency than gasoline
· Refuel as easily as gasoline
South
Coast · Diversify our energy use and, through, competition, help stabilize oil prices
Air
Quality Galifornia is the nation's leader in both clean air and emissions standards. Local air quality
management districts' have the authority to require purchase of low-emission vehicles and to
Management require ridesharing for medium and large businesses in our urban areas. It is expected that early
District purchase of methanol-powered cars will provide credits toward these requirements.
During the past ten years, we have successfully tested more than 1,0(X) methanol-powered vehicles
and endorse, recommend and encourage all fleets and individuals to consider these low-emission
Sacramento vehicles for their needs today and in the near future.
Metropolitan
Air These vehicles will also help to reduce the near total reliance on petroleum in California's trans-
Quality portation sector and thereby enhance the security and diversity of our energy supplies.
Management Glean air and energy independence benefit all Galifomians. Please do your part.
District
NORTON A. ~YOUN~VE, Chairman ILLA COLLiN, Chairman
South Co~t Ai~ Quality Sacramento Metropolitan Air
. Important news for environmentally conscious fleet ownerS!
MEET THE NEW OEM
VARIABLE FUEL CHEVY LUMI. NA FOR 1992.
TECHNOLOGICALLY ADVANCED, DURABILITY-TESTED LUMINA VFV MODELS ARE EI'IGIBLE FOR SUBSTANTIALLY
AND GOVERNMENT-CERTIFIED. IMPROVED 1992 FLEET PURCHASE INCENTIVES.
Chevrolet is pleased to make available our 1992 Variable Fuel-equipped These include the regular $550 fleet Purchase incentive (plus no-charge
Lumina Sedan, exclusively to commercial fleets. This new OEM Iow-emission, option upgrades), as well as the new Preferred Equipment Group (P.E.G.)
melhanol-fueled a~mative represents one of the most technologically package discounts* now available to fleet buyers--all of which can save you
advanced Variable Fuel systems in ~ industry. It has undergone extensive hundreds of dollars on every Lumina you buy for your fleet during the
in-use performance and durability testing in all kinds of v,,ealher and operat- 1992 model year! And new tar 1992, your VFV Lumina (or any other Lumina.
lng conditions. The system is both safely- and emissions-certified by the U.S. model) may qualiff/your company for the Chevrolet Fleet Sales Driver's Safely
government to meet state and federal regulations regarding the burning of Program, depending on the number of vehicles purchased or leased. Your
methanol-bose fuel. local Chevrolet Fleet Represe~iuiive can give you ~ details on all these
COMPLETELY AUTOMATIC AND FUEL-FLEXIBLE FOR money-saving purchase incentives.
M85 METHANOL OR 100% GASOLINE. WORKING TOWARD A CLEANER, SAFER ENVIRONMENT.
The Lumina system has been carefully engineered to be a completely integral, It's another step in Chevrolet's continuing endeavor to provide fleet vehicles
automatic design -- fuel-flexible to bum either M85 methanol fuel or 100% that meet the needs and wants of today's fleet owners-- and assist you and
gasoline or any blend of these lwo fuels. No levers to pull or switches to push! your local communities in promoting good ciflzenship through voluntary air
Just fum the key and you're ready to go. Wherever you drive, it operales pollution control. Just one of a number of programs GM and Chevrolet have
dependably on either fuel altemaflve, developed in recent years.to help us all enjoy a cleaner, safer environment and
reduce our dependency on foreign oil. It's your opparlunily to foster stronger
READY TO GO INTO OPERATION FOR YOUR FLEET. joint community efforts to improve air quality-and benefit from the POsitive
Chevrolet Fleet Sales stands ready to put these specially produced Lumina pub. licily in the process.
Sedans in operation for your company. Variable fuel Luminas are available
only with ~ 3.1 liter V6 and automatic overdrive transmission. They can be FOR MORE INFORMATION, CONTACT YOUR LOCAL CHEVROLET
ordered in both bose and uplevel Euro models--fully equipped with all of FLEET REPRESENTATIVE OR CALL 1-800-248-289'/.
Lumina's generous standard features, and also available with fine full range of .s~.~ ~ o, M.S.R.~ o~ omo, po~oe~
Lumina's popular options (except 4-wheel ABS). A Fleet Sales Representative
will provide you with all the specific information, ffaining and materials you ·
need to put these vehicles in service. Something else you'll be happy to
Tt.~IIZ ~RICA" ~ TODAY~ FLF_£T COMPANY IS CHEVROLE'~.
· Envtrofallental Activities Staff
Genera Motors Corporadon
Genera Motors Tectwcal Center
8ox 9015
Warren, Michio~n 48090-9015
GM POSITION ON
ALTERNATE FUEL OPTIONS
Each alternative fuel offers unique advantages and challenges which make it more
appropriate for certain vehicle market applications:
METHANOL (M85)
n Liquid, thus an attractive vehicle fuel
o Potential to be a leading alternative to petroleum fuels
[] Most attractive liquid non-petroleum fuel
o Higher octane than conventional gasolines
o Combustion promises less smog and reduced toxic emissions
rn Provides a turn-key, transparent transition from gasoline in Variable
Fuel Vehicles (VFVs)
COIVIPRESSED NATUF~,L GAS (CNG)
[] Gaseous fuel, compressed for vehicle storage
[] Requires larger fuel tank, more easily accommodated by light and
medium duty trucks where effect on vehicle utility is minimiTed
ELECTRIC VEHICLES (EV)
[] Most viable option to meet California's 1998 Zero Emission Vehicle
(ZEV) requirement
[] Two percent of new cars sold in California in 1998 must meet ZEV
requirements
October 25, 1991
California Energy Commission
Transportation Technology
and Fuels Office
1516 9th Street, MS - 41
Sacramento, CA 95814
ATTN: Ken Koyama
California Energy Commission
Variable Fuel Vehicle (VFV)
Fleet Purchase Program
Organization Name:
Contact Name:
Mailing Address:
Phone FAX
Number: Number:
-~ We are interested in more information
-~ We are interested in test driving a VFV Chevrolet
Lumina
-~ We are interested in purchasing up to VFV
Chevrolet Luminas
Please return to:
California Energy Commission
Transportation Technology
and Fuels Office
1516 9th Street, MS - 41
Sacramento, CA 95814
ATTN: Ken Koyama
(916) 654-4602
October, 1991
CITY COUNCIL REFERRAL
MEETING OF: 11/06/91
REFERRED TO- BUDGET & FINANCE J W STINSON
ITEM: RECORD~ 9384
Clinicians Lab interested in purchasing the City
Center Project. (McDermott)
ACTION TAKEN BY COUNCIL:
MOTION TO REFER TO BUDGET AND FINANCE, APPROVED,
BACKUP MATERIAL ATTACHED:' ~'ES
DATE FORWARDED BY CITY CLERK' 11/08/91
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
CLINICIANS MI=nlCAL GROU,
CLINICIANS LABOi=IATORY, INC.
November 4, 1991
Mr. J. Dale Hawley ~.'
City Manager
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Hawley:
I am please to inform you that Clinicians Laboratories, Inc. is negotiating to purchase the City Center Building for our
expansion and relocation. The acquisition will accommodate our current expansion plans and provide office space for
future growth. We anticipate that over 50 doctors and 250 support staff will be working in the building. Our monthly
patient flow will be in excess of 20,000 patients per month.
daccommodate our plans, we are requesting assistance from the City of Bakersfield in securing approximately 200
itional parking spaces. We have discussed and explained our needs and requirements with Jake Wager, Director of
Economic Development, and Gregory Klimko, Finance Director.
Clinicians laboratories is very excited about the possibility of purchasing the City Center Building and help with the
revitalization of dOwntown Bakersfield. It is important for you to know and understand that time is of the essence with
our request. The purchase of the City Center Building for our use will only be feasible if we are successful in acquiring
additional parking.
On behalf of Clinicians Laboratories, Inc, thank you for your time and consideration. If you have any questions, please
feel free to contsct me or my consultants at your convenience.
Best regards,
, M.D.
Medical Director
cc: Jake Wager, Director of Economic Development, City of Bakersfield
Gregory Klimko, Finance Manager, City of Bakersfield
Steven C. Anderson,-S.C. Anderson, Inc.
David A. Williams, Charles Tingey Associates
Clinician,=, Medical Building, 31~Eil [~ ~:=t:;r'-eel;, Gal(ar-afield. CA 1~i3301
REA,L ESTATE
, 0V '1 2 1991
CiTY MAN'~GER'S OFFICE
L
November 8, 1991
Mr. Dale Hawley
City Manager
City of Bakersfield
1501Truxtun Avenue
Bakersfield, CA 93301
Dear Mr. Hawley:
In reading the Bakersfield Californian yesterday, I was extremely pleased to see
the Clinicians Medical Group is interested in acquiring the City Center Building.
I do not know the details of this transaction, however if there is any way for
the City to help this transaction to be made, please do so.
It appears as a medical use they will need additional parking. This is where I
believe the City can take an important part in helping to provide the additional
parking. This may be accomplished through use of the old Sears property at 19th
and "K" Street. This is exactly the type of user we need to help Downtown
recover.
I hope that you feel the same as I do in this matter and help make it work.
Sincerely,
DAG/cb(468)
(805) 395-0535 · 1830 F Street 'o P.O. Box 524, Bakersfield, CA 93302' ' ° - (805) 395-0131 FAX- r~
/~/~_~~~_~/py ~ The 19th Street Corridor between H Street and
~/~p~. Street has been. the historic retail and commerci
~~l~ ~~~ ~/~~ ~ center of Bakersfield since the l~O's. As has been
typical in many mid-sized American cities, the gr~th
~~ ~~ ~ ~ ~ ~~~ ~ o~ suburban neighborhoods a~d communities has draw~
many of the ~sirable business and commercial
~ . activities fr~ ~e ~ntral Business Distri~ into
' ~ ~ outlying areas. The result has been a decl ire in the
retail activi~ along 19~ S~eet and a corres~nding
- ~ ~ ~ reduction in e~n~ic a~ivi~ as well .as the
~ ~ ~ ~~ ~;~ ~ ~ ~ ~ ~ ~. ~.~,~ pedestrian life f~ this area of ~e ~wnt~n.
~ ~ ~ ~ ~ In spite of ~is increased com~tition, D~nt~n
I - "i. .~-~ ~- ~ ~ ~~ ~ ,, Bakersfield in recent years has begun to experience
~ ~ ~ ~~ ~_.~~_~~[ ~ ', ', increased developer interest as well as an increase
. ~ :: ~ ! . '~ ~ ~ in construction a~ivities on the ~rt of
~~~ ~ ~ ~]-I ~T1~':':'':':~~ ~ ~ ~~ ~ ~ '~~ governmental agencies, both Ci~ and County. Figure 2
~ - ~ ~ ~ illustrates a number of these existing and planned
~~////~: ~ ~ ~ ~ ~ ~ ~ ~ ---- a~ivities in the ~wntown area as well as buildings
~~ ~ ~ ~~~]~~(,~ ~~ ~ ~ ~,~ .~ of hi~Ical significance in the ~wntown.
t[~:~::~ ~:' 1~~~ ~ :1 ~ ~ ~ 1~6' ''''¢~ ~1~'_~;' ~~ ..... ~ ~'-'~ ~ ~ ~ ~~~ ~ Thebe~eenCivicHCenterstreetareaandl~atedo Street south represents°f Truxtunthe AvenUesingle
~' ......... · ,: ........ - ~ ~ _ ; largest concentration of ~ployees within the
~~ ~,~~ . ' / ~~~ ~~~ ~~ downtown as well as the largest ~ntribut~ to new
~~ [ ~ I !~_ ~ ~1~~~ ~~1 ~~ I~ ~ ~ construction a~ivi~. The ~w ~unty Governmen
.... /]" ~J~~/~ ~'. ~ ~.~ ~ I: ~1 .~ ~ ~nter beheer M Street and N S~eet wil I prov
J '~ ~1 ~-]'BO ~ .... ~ additional office space f~ increased employees
~ ~ ~/ will in turn ~ilize other facilities in the ~wnt~n
17THST . , area including tho~ potentials along 19th Street.
~~ ~ ~~ ~ ' ~~~}~~~~, ~~ ~ ~~ ~:::~', The propo~d new City Center I~ated beheer K and L
O~ ~ ~1~ ~]~'~:~:~'~"~)~:~:~:~ ~ ~ ~ ' S~eet and 18th and 17th S~eet wil I provide new
~ I~ m'~'~ ~ ...... "' -- ]]]]] ~ · ] ~ ~ ..... .z~ ~] , private off ice :and retail space together with a
~ ~ ~ ~ ~parking structure. This pro~d project would also
~ close K Street beheer 17th and 18th S~eets to
~nux~ ..................... ~ ~ ~~/~ ~~ provide badly needed outdo~ o~n s~ce within the
============:==========?=============================================================================h=== ~ .... ~~ ....... ~-- dow nt~ n a rea.
- ~ ::::::::?:::::::::::::::::::: :::: ::: ::: ::::::::::::::::::::::::::::::::::::::::::::::::: ::::1~::::::::: ::::::::::::::::::::::::::: :::::::: :: :::: ]:::. ':::::::::::.. Al ~ough earthquakes in the m lddl e 1 950's destroyed
:.~;::::: ::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::: r~a and are a vel uabl e resource. As
================================================================================================================== ::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::: identi f ied on the adjacent Figure, these include the
~ In ~<'-:~::~ ~ I ........ ::::<::::::::::::::::::::::::::::::::?:::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::J::::::::: ::~~~::~::~:::'"':~::::~::~::~:::::'~ Haberfel de Building, the Bakersf iel d Cai if~ni an
~~FZE Building, the 0Id Church Pl~a, the Padre Hotel, the
~~~/~ Fox Theater, and al ong 19~ S~eet ~e Kress
Building, ~e W~lw~ Building, the Penney's
Buildlng and the Bakersfield Hotel ~ong others.
DOWNTOWN PLANNING FACTORS
Figure 2
BACKGROUND t
CITY COUNCIL REFERRAL
MEETING OF: 08/28/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM: RECORD# 8682
Communication from Cal Bidwell, dated August 16,
1991, regarding funds for demolition of dangerous
buildings.
ACTION TAKEN BY COUNCIL:
RECEIVE AND REFER TO BUDGET AND FINANCE
COMMITTEE. APPROVED AA.
BACKUP MATERIAL ATTACHED: YES
DATE FORWARDED BY CITY CLERK: 08/29/91
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
TO: Dale Hawley, City Manager
FROM: Calvin Bidwell, Building Director
DATE: August 16, 1991
SUBJECT: Code Enforcement/Funding Constraints
As you know the budget for the current fiscal year was finalized
after careful prioritizing of expected and desired service levels
from all departments. One service level reduction in the Building
Department occurred in the area of code enforcement. This service
encompasses demolition of substandard and dangerous buildings,
property maintenance, litter and abandoned vehicle removal, among
other activities.
The approved funding will significantly curtail our activity in
this service area. Similarly, limited Fire Department funding will
not allow them to provide the level of service necessary to
eliminate all of the hazardous growth of weeds and grass at various
locations in the City.
The City attorney has added a staff person to assist the Building
and Fire Departments in code enforcement matters. With this
assistance we intended to improveif not expand our efforts in code
enforcement. (The City Council probably expected this to occur).
However, our current limited funding will not permit this to be
realized. If you concur, I suggest this matter be referred to the
appropriate Council Committee for consideration.
M EM O'RA N D U M
. August 16, 1991
TO: J. DALE HAWLEY, City Manager
JOHN W. STINSON, Assis'tant to the City Manager w-
SUBJECT: AUGUST 16, 1991 MEETING REGARDING ADDITIONAL FUNDING
FOR WEED ABATEMENT AND ABATEMENT OF DANGEROUS BUILDINGS
This meeting was called to address funding concerns expressed by
the Bakersfield Fire Department, Building Department and City
Attorney's Office regarding the abatement of dangerous buildings
and property maintenance.
1. I have recently been informed by representatives of the
fire department and building department of shortfalls
in their budget for abatement activities.
a. BUilding Department: The sum of $69,000.00
was originally budgeted for fiscal year 1991
to 1992 for the abatement of dangerous
buildings and structures. Subsequent
thereto, it is my understanding that the
budget was cut to $25,000.00. 'As a result of
abatement activity undertaken since July 1,
1991, the building department has expended
approximately $15,000.00 and presently
retains less than $9,000.00 to cover the cost
of abatements for the remainder of the fiscal
year. As a result thereof, it is my
understanding that-the building department is
no longer posting buildings for demolition as
the remaining funds may be needed for
emergency/priority abatements. ,This budget
shortfall has potential serious liability
consequences for the City.
PROPOSAL:
Return the building demolition and land improvement
fund to the original budget of $69,000.00 for fiscal
year 1991-1992.
Memo'to J. Dale Hawley and John Stinson
Re August 16th Meeting re additional funding '- ....
August 16, 1991 -~ .. ' ' '- ' _ ~ .-P
'Page 2 -" "-'..-" ......
2. Fire bepartment: The ~ire department's budget for weed
abatement activities for fiscal year 1991-1992 was set
" at ~approximately $2;600.00. -At the City Council
meeting held on August 14, 1991, the fire department
.received approval to abate weeds and debris at 10 lOts
in the city at an estimated cost of $4,500.00. The
shortfall in the budget makes it presently impossible
for the fire department to remove the weeds which
constitute a present and on-going fire hazard. Failure
to abate-the weeds at these 10 lots, as well as future
needed weed abatements, may result in serious adverse
financial liability to the city. · .... ::..'"
PROPOSAL: · ......
Larry Toler, Fire Marshal for the City of Bakersfield,
has indicated that the sum of $15,000.00 is needed to
perform the anticipated number of abatements for this
fiscal year.
3. Buildinq Department: I have'recently been informed
that there is no funding whatsoever'for.the towing of
junk and abandoned vehicles. Attached to this
memorandum is a list of 21 properties which have been
identified as having violations of the Municipal Code
pertaining to junk and abandoned vehicles which must be
abated. There will be other properties so identified
throughout this fiscal year.
'PROPOSAL: -- - '
Create a fund based upon the reasonable anticipated
cost of abatement. This amount per the recommendation
of the building department.
4. It is strongly recommended by the City Attorney's
Office that litigation title reports be utilized to
identify persons/entities who have ownership interest
in a property prior to certain abatements being
performed (i.e., demolition of dangerous buildings).
At the present time the Municipal Code authorizes the
use of the County Tax Assessor's rolls to so identify
such persons/entities. However, it has been our
experience that in many instances the Tax Assessor's
rolls are not reliable indicators for property
ownership interests. Through an informal poll
Memo to J. Dale Hawley and John StinSon
Re August 16th Meeting re additional funding
August..l~, 1991 ,- . - · ~'.
Page 3 -"' .... ': "''.~,
I conducted, it.would appear that Transamerica Title
could provide the most cost-effective reports for our
purposes. A representative of that organization
indicated to me that they are presently providing
litigation title reports to various city agencies at a
cost of $200.00 per report. Given the number of title
reports the City may require over the course of a
fiscal year, it is entirely possible that a lower price
can be negotiated.
MGA/meg
MANAGER\
ABATEMT.MEM
The following properties have been identified with violations of
Mun. Code Sec. 8.27 and Mun. Code Sec. 10.64.
17 Augusta.St. junk car 192UVR gray Ford
21 Augusta St. junk car , 971RQK red Olds
235 Augusta St. junk cars VB3735 20' trailer No ID 2 tn truck
No ID trailer frame
WE6317 trailer
VJ5060 trailer
331 Augusta St. junk car 468TPX brown Olds camper in yard
143 Clyde St. junk car No ID red Continental
321 Clyde St. junk cars XCT923 gray Continental
2H06659 white Ford truck
~LTH421 orange Pinto
487UFJ green Ford Granada
property maintenance
328 Clifton St. junk cars 3J96205 tan truck
1CVU067 red Datsun
801 Collins St. junk cars 198TBG blue Monte Carlo No ID 20' flatbed trailer
No ID red Nova
818 Collins St. junk car No ID blue/white sedan
property maintenance
822 Collins St. junk cars W50421 brown GMC? flatbed
NSF096 white Buick
property maintenance
6' fence in front yard
209 S. Hale¥ St. junk car 64IPLZ tan Chevy wagon
228 S. Haley St. junk car 938AQK blue Cadillac
329 S. Haley St. junk car 738DXY blue Ventura II
322-24 Northrup junk cars 1E29629 green International
2KK759 gray Olds Omega.
1M99353 blue/white £hevy
lV58633 white International
Q49403 red dump truck
328 Northrup St. junk cars 479UJY red Challenger
425VDR gray Ford Granada
property maintenance
weeds
338 Northrup St. camper shell
property maintenance
512 S. Williams junk cars - need dog removal to identify
521 S. Williams junk cars Texas 4884-BB blue Chevy
89648F Ford trailer J61733 Chevy truck
No ID 16' flatbed trailer
No ID 20' flatbed trailer
No ID blue Chevy flatbed
No ID 8' grey trailer
611S. Williams junk car ND ID red Plymouth
702~S. Williams junk cars Louisiana 272E656 green Dodge
D637514 boat trailer
LA107UX boat
704 S. Williams junk.car 014RGK Gran Torino
MEMORANDUM ~
"WE CARE"
August 28, 1991 AU~ ~ 8 ~0~
TO: City Manager Dale Hawley
C~TY~ANAGE~'S OFF~CE
FROM: Fire Marshal Larry Toler
SUBJECT: Funds Needed for Weed Abatement
The Fire Department is requesting $11,750.00 to be able to continue the
aggressive weed abatement program we are currently pursuing. This figure
reflects $7,500.00 needed to clean approximately 20 average size lots; plus, the
$4,250.00 estimate on 10 lots on San Esteban and San Lazaro.
It is our feeling this figure is very conservative to meet these needs from
August 28, 1991, to June 30, 1992.
Fire Marshal
LT/d
FMl:LT082891.2
1. 1516 Richland, APN #011-101-11
2. 711E. 18th St., APN #016-212-03
3. northeast corner 8th & Pershing, APN #009-502-01
4. property north 'of 118 Northrup, APN #018-270-07
5. vacant property south of 924 "C" St., APN #007-102-15
6. vacant property on White Ln. west of lumber yard, north of railroad tracks,
APN #405-010-33
7. 3501Reeder Ave., APN #441-022-11'
8. 2325 S. Union Ave., APN #025-050-04, 05, 06
9. vacant property north of 35 S. Owens, APN #018-260-15
10. 1101 Union Ave., APN #009-512-03
WA5:TD082891
CITY OF BAKERSFIELD
BUDGET AND FINANCE COMMITTEE
REPORT NO. 14-91
October 2, 1991
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
SUBJECT: FUNDING FOR DEMOLITION OF DANGEROUS BUILDINGS AND WEED
ABATEMENT PROGRAMS
The City Council referred the matter of funding for demolition of dangerous buildings
and weed abatement to the Budget and Finance Committee for review. Staff indicated
the Committee that the City Council has placed increased emphasis on the abatement
of unsafe conditions of property. It was explained that an attorney has been hired to
provide additional legal support for the City's enforcement efforts. There is a need to
provide additional financial resources to carry out the abatement of these haZards due
to the increased number of requests and increased enforcement efforts by the Fire
Department, Building Department and City Attorney.
The Committee expressed its support of these efforts and proposed that some
additional funding be provided. However, due to budget constraints there are limited
funds available for this work.
Therefore, the Committee recommends that the Council transfer $7,500 from Council
Contingency to the Fire Department Operating Budget in the General Fund for weed
BUDGET AND FINANCE COMMITTEE
REPORT NO. 14-91
October 2, 1991
Page -2-
abatement, and $25,000 from Council Contingency to the Building Department
Operating Budget in the General fund for building demolition.
The Committee further encourages City staff to continue their efforts to encourage
compliance by property owners once they have been cited, prior to having funds
expended by the City to abate these hazards. The Committee also feels that all costs
incurred by the City in the abatement of these conditions which are legally recoverable
should be included in the assessment levied on the property.
Respectfully submitted,
Councilmember Kevin McDermott, Chair
Councilmember Patricia J. DeMond
Councilmember Ken Peterson
CITY COUNCIL REFERRAL
MEETING OF: 08/28/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM: RECORD# 8680
Communication from Paul Dow, Water and Sanitation
Manager, dated August 19, 1991, regarding the
Bakersfield Landfill Gas Electrical Generation
Facility,
ACTION TAKEN BY COUNCIL:
RECEIVE AND REFER' TO BUDGET AND FINANCE
COMMITTEE, APPROVED AA,
BACKUP MATERIAL ATTACHED: YES
DATE FORWARDED BY CITY CLERK: 08/29/91
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE,
ADMINI TRATIYE REPORT
August 28, 1991
AGENDA SECTION:
Consent Calendar
AGENDA ITEM:
5. c. 3.
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
FROM: Paul Dow, Water and Sanitation Manager
DATE: August 21, 1991
SUBJECT: Communication from Paul Dow, Water and Sanitation Manager,
August 19, 1991, regarding the Bakersfield Landfill
Electrical Generation Facility. (RECEIVE AND REFER TO BUDGET
AND FINANCE COMMITEE).
RECOMMENDATION:
Motion to adopt.
BACKGROUND:
AU28WS1.CC
MEMORANDUM
CITY OF BAKERSFIELD
DEPARTMENT OF WATER & SANITATION
Sanitation Division
August 19, 1991
To: J. Dale Hawley, City Manager
From:~ Paul Dow, Water a Sanitation Manager
By: ~Mike Sides, Sanitation Superintendent
Subject: Bakersfield Landfill Gas Electrical Generation Facility
Update
This memorandum is an update of the previous memorandum (copy
attached) dated June 18, 1991 regarding the Bakersfield Sanitary
Landfill. Pacific EnerMy is in the process of dismantling the gas
recovery engine at the subject landfill, and the landfill gas flare is
now operating on a continuous basis.
Our attempts to secure another contractor/firm to "handle" the
landfill gas situation have not been successful. The only alternative
available at the present time is being provided by Pacific Energy; a
smaller landfill gas engine is. available from another project for
installation at the City landfill. Costs for acquisition,
installation, and "running" the facility have been estimated by
Pacific EnerZy to be $600,000.
Please find attached two alternatives; only one has a project income
statement. The income from an engine installation would appear to
offset a majority of the cost.
Initial financing is an issue, and this matter is provided for your
review. Because time is of the essence in this matter, a meeting with
representatives from Finance, Public. Works, Water & Sanitation, and
the Managers Office is necessary with referral to the budget and
finance committee at the earliest possible date recommended.
MEMORANDUM
June 18, 1991
TO: J. Dale Hawley, City Manager
FROM: Paul Dow, Water and Sanitation Manager ~
BY: Mike Sides, Sanitation Superintendent .........
SUBJECT: BAKERSFIELD LANDFILL GAS ELECTRICAL GENERATION FACILITY
The Bakersfield Landfill remains a problem in terms of legal closure and
the generation of methane gas. The contractor, Pacific Energy, has indicated
for several months the likelihood of closing the gas recovery facility at the
Bakersfield Landfill. In a letter da~ed June 7, 1991, Pacific Energy formally
notified the City of their intention to cease operations of the Bakersfield
Landfill Gas Electrical Generation Facility; current plans for closure and
dismantling of the gas plant are scheduled for early July, 1991 (see attached
copy of Pacific Energy letter).
While the City is actively searching for another contractor, gas control
procedures must be maintained. As a result, the City is faced with the
immediate "flaring" of the gas, as was done prior to the installation of the
gas facility. A problem results in that the existing flare is permitted by
Kern County Air Polution Control for ~nterm~tten use only; the City must
now arrange for the purchase and installation of another engine or an approved
flare to maintain full time gas control. This issue was discussed during the
budget workshop on June 4, 1991, but at this time, no funds are being requested
because we are not sure as to the method or the cost to remedy the situation.
The cost could be from "no cost" (if we can procure a contractor willing to
take over the present operasion), to $500,000 if we are required to purchase
and install another engine. This memo is to advise you and the counci!members
we may need to ask the council for an additional appropriation in the future
to cover these costs. There is $250,000 budgeted for the initial closure
phase of the Bakersfield Landfill and some of those funds could be used for
this purpose. We will keep you informed as this situation develops.
PD/MS:sr -
cc: Honorable Mayor and Councilmembers Ed Schulz, Public Works Director
Larry Ja~ison, General Services Superintendent
Attachment
£os~ (213) 725-
~shm=*on
· boulevard.
Cornmerc$
Cchiormc
90040
PACIFIC Facsimile
ENTERPRISES (213) 725-8772
June 7, 1991
Mr. Mike Sides
Sanitation Superintendent
City of Bakersfield
4101 Truxtun Avenue
Bakersfield, California 93301
Dear Mike:
'SUBJECT: Pacific Energy's Operation of the Bakersfield
Landfill Gas Electrical Generation Facility
This letter will serve to' confirm Pacific Energy's
intention of ceasing operations of the Bakersfield Landfill
Gas Electrical Generation Facility. As we informed you at
our May 2, 1991 meeting, the current plans for the Facility
anticipate closure and dismantling in early July of this
year. It will therefore be necessary to. make preparations
to operate the existing flare until the City decides what
course of action it wishes to take.
Furthermore, at the May 2 meeting we discussed the
possibility of the City purchasing an engine generator of
its own, thereby deriving revenue and defraying the cost of
installing and maintaining a full time flare. We are skill
collecting information which will be relevant in the City's
decision process and will submit a more detailed proposal as
soon as it is complete.
Please feel free to contact Frank Wong or myself if
there are any questions you would like answered.
sincerely,
George E. Donlou
Manager of Biogas
Business Administration
BAKERSFIELD
SIX-CYLINDER ENGINE .ANALYSIS
PROJECTED INCOME STATEMENT
DESCRIPTION 1992 1993 1994 1995 1996 TOTAL
REVENUES $322,000 338,000 359,000 380,000 402.000 1.801.000
OPERATING EXPENSES:
Price per MMBTU D.50 0.60 0.75 0.85 1.DO
Cost of Sales 25.200 29.4G0 35.925 39.695 45.500 175,780
OoeYat~ng & Maintenance 175.000 185.500 196,525 208,101~ 220.256 985,383
lransmission Fees 4.DOD 4.000 4,000 4,000 4,000 20,000
Insurance ? ? ? ? ? O
General & Aomin 10,000 11,000 ll.00O 12,D00 12,000 56,000
OPERATING INCOME 107,800 108.040 111,550 116.204 120.24~ 563,837
Capital Expenditures 26.000 27.000 28.D00 30,000 31,000 1~2.000
Cash Flow Before lax $B1.800 81,040 83.550 86.20~ 89,24~ 421.837
CAPITAL EXPENDITURES:
PEn E~ui~ment ~SD.ODO
hew EouiDment SO.ODD ~t~ ~ooh
Relocation & Installation 34~,000
Contingency 1OD,ODD
~5G2,DDD
Non-Discounted Cash F,iow
Over a 5 Year Period (S)40,163)
NOTES:
1).Analysis ODes not consiOer AB2588 costs.
2) P~rmit Costs noted above ~o not include cost cf o~ainin~ air offsets
BAKERSFI ELD
FLARE ANALYSIS
DESCRIPTION 1992 1993 1994 1995 1996 TOIAL
ESIIMATED OPERATING COSTS
FLARE OPERATING COSTS:
Ooeration & Maintenance $17.000 17.850 18,743 19.680 20.86a 93.936
Annual Inspection 2.000 2,100' 2,205 2,315 2,431 11,051
Record &eeping/kep~rts 3,000 3,150 3,308 3,473 3,'647 16,577
Education/lraining 2,000 0 D 0 0 2,D00
Miscellaneous 5,000 5,250 5,513 5,788 6,078 27,628
Insurance ~ ~ ? e ? 0
General & Administration 2,000 2,100 2,205 2,315 2,431 11,051
Start Up 5.D00 0 0 D 0 5,DOD
36,000 30.450 3!,g73 33,571 35.250 167,243
FIELD OPERATING COSTS: 50,000 SZ,500 55.125 57,881 60.775 229.500
TOTAL OPERATING CDST $8B.OOB 82.950 87.098 91.452 96.025 396.743
CAPITAL EXPENDITURES:
Estimated Range of Cost $!$0.000 - $250,000 ~/oo~:>
Average Cost S2DD.DO0
lion-Discounted Cash Flow
Over a 5 Year Period ($596.743)
NOTES: 1) Analysis does not consider A82586 costs.
2) Cost to permit flare and obtain a~r offsets not included in above analysis.
CITY COUNCIL REFERRAL
MEETING OF: 08/28/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM: RECORD# 8728
Defibrillator training. (Brunni)
ACTION TAKEN BY COUNCIL:
MOTION TO REFER TO BUDGET AND FINANCE COMMITTEE
THE ISSUE OF WHAT EFFECT DEFIBRILLATOR TRAINING
WILL HAVE ON THE BUDGET. APPROVED.
BACKUP MATERIAL ATTACHED: NO
DATE FORWARDED BY CITY CLERK: 08/29/91
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE,
MEMORANDUM .....
September 12, 1991
TO: J. DALE HAWLEY, CITY MANAGER
FROM: JOHN W. STINSO ISTANT TO THE CITY MANAGER
SUBJECT: 'RESPONSE TO REFERRAL BY COUNCILMEMBER
BRUNNI TO BUDGET AND FINANCE COMMITTEE,
REGARDING REVIEW OF THE DEFIBRILLATION
PROGRAM
The Budget and Finance Committee met today regarding concerns about the
defibrillation program by Councilmember Brunni at the August 8, 1991 Council
meeting. Fire Chief Steve Johnson indicated at the meeting that Councilmember
Brunni had expressed several concerns to him regarding the program. These
included the following:
1. The anticipated cost of the program. This includes equipment and incentive
pay;
2. Potential individual liability for firefighting personnel involved in the program;
3. The cost and time required for training and recertification; and
4. The extent of support for the program by the medical community, specifically
among ambulance providers within metropolitan Bakersfield.
Chief Johnson provided the following information in response to these concerns:
1. The equipment utilized for the pilot program (3 units) have been donated by
the Laerdal Medical Group at no cost to the City. Any additional units added
beyond the pilot program stage would cost approximately $5,000.00 each. It is
anticipated that these additional units would be paid for through contributions
by Corporate Sponsors and Service Groups. It is anticipated that a total of 14
additional units would be needed to implement the program city-wide.
Regarding the issue of incentive pay, the Chief indicated that he has
requested that this be included as part of the Classification and compensation
study currently being conducted for review and comparison with policies and
practices in other agencies. In addition, he directed staff to complete a bdef
random survey of other Fire Departments who have defibrillation programs.
The results were that of the ten departments surveyed, none provided
incentive pay for EMT-D certification. (Survey cities were: Buena Park, Costa
Mesa, Newport Beach, Orange County, Murietta, Brea, Hemet, Riverside
County, Fullerton, Laguna Beach);
2. Louise Closs, Assistant City Attorney has prepared a legal opinion regarding
the individual liability issue which is attached. Briefly this opinion states that
the City will defend an individual employee whenever they are performing
duties within the course and scope of their employment pursuant to
Government Code section 825 (EMT and EMT-D guidelines are specifically
defined in Title 22, Pre-Hospital Emergency Medical Services). In addition it
was stated by Dr. Barnes that as defibrillation becomes the standard of care in
communities throughout California the City may face greater liability by not
providing this service;
3. It is the goal to have all firefighting personnel trained as EMT-D. It is the intent
to conduct all training within normal working schedules (there may be limited
occasions when overtime may be required for a single trainer). Initial training
will take approximately four hours. Proficiency testing will take about 30 min.
per company and will be conducted monthly for the first six months, bi-
monthly between seven and eighteen months, and every six months
thereafter. There are no significant direct costs associated with the training
program;
4. Chief Johnson explained that he has met with each ambulance provider and
specifically explained to them that it is not the intent of the Fire Department to
provide advanced life support or para-medic services. They have provided
letters in support of the program. This is in addition to support for the
implementation of the program expressed at the Council workshop by Dr.
Barnes, Medical Director, Kern County Emergency Medical Services.
These responses should address Councilmember Brunni's questions regarding the
defibrillation program. The Committee recommended that this memo be drafted in
response to her concerns and distributed immediately to provide a timely response.
They further stated that the implementation of the defibrillation program is the
responsibility of the Fire Chief and that they were supportive of the concept of the
program. They also suggested that workshops be conducted to inform firefighting
personnel about the program and its implementation.
cc. Steve Johnson
MEMORANDUM
September 12, 1991
TO: Fire Chief Steve Johnson
FROM: Assistant City Attorney Louise Closs
SUBJECT: Defibrillator Program
Issue: Whether the City of Bakersfield has
a duty to defend fire fighters
against any claim or action
resulting from the use of a
defibrillator?
Pursuant to Government Code ~ 825 if an employee, or former
employee, of a public entity requests the public entity to defend
him or her against any claim or action for an injury arising out
of an act or omission occurring within the course and scope of
his employment as an employee and the employee reasonably
cooperates in good faith in the defense of the claim or action,
the public entity is then obligated to pay a judgment based
thereon.
If you have any further questions, please contact me.
cc: Lawrence M. Lunardini, City Attorney
LTC\gjr
MEMOS\johnson.chf
08 September 1991
DEFIB SURVEY
In the first week of September, a telephone survey of ten fire departments was
conducted on the subject of EMT-D (Emergency Medical Technician Defib). The
following five questions were asked:
1. Do you have EMT-D?
2. Did employee organization or union agree or oppose?
3. Does your Department pay an EMT-D bonus?
4. Did your Department address liability?
5. Do you have any suggestions for us from your experience?
BUENA PARK FIRE - Chief Bill Edmundson:
1. Yes.
2. No problems, employees and union very supportive.
3. No.
4. Yes, they felt that liabilit~ was greater without EMT-D than with it.
Documentation is better and citizens perceive that they receive ALS
{Advanced Life Support) when actually they receive BLS {Basic Life Support).
Citizens feel good about service, so they do not litigate.
5. They recommend critiques of incidents in start up phase. Also extra batteries
and a minimum of one hour of proficiency training per month or the exhibiting
by users of proficiency.
COSTA MESA FIRE - Captain Brodie:
1. Yes.
2. No problems at all, program was emploYee idea.
3. NO.
4. Strongly felt that liability was greater without than with EMT-D. Since
Title 22 specifies that EMT-D is a BLS function,, then not to provide the
service created more liability than to only provide a partial BLS service
to citizens.
5. Captain Brodie suggested that at' least three batteries per unit be provided
with each unit; cost is much less if you shop around. He said that the
audio part of the defib unit was the weakest link, however, Laerdahl has a
fantastic customer service and have never failed to provide service when
needed.
MURIETTA FIRE - Chief Jerry Allen:
1. Yes.
2. No opposition, only support.
3., No.
4. Liability i.s always a factor. The machine is only used on people that are
"dead". The people that the machine is hooked up to and shocks always die
so he felt as did others in the staff and attorney's office that it was more
of a liability not to. provide EMT-D. They conform to EMS standards and
Title 22..
5. CPR (Cardio Pulmonary Resuscitation) training for the conmunity is essential
to assist the program. He also suggested that three batteries be provided
and that they be labeled A, B, and C Shift so there will be no confusion
about what battery, is fresh. He also suggested critiques and monthly
proficiency or proof that personnel can properly use the defib unit. He
also suggested that if we ever go to the computer module backup unit that we
should consider a downloading process either at a hospital or at the fire
stations.
NEWPORT BEACH FIRE - Chief Tom Arnold:
1. Yes, infant stage.
2. No problems to date..
3. No.
4. He also feels that liability is greater without the units and training.
5. Chief Arnold said that we should feel at ease doing business with
Laerdahl. He feels that their customer support exceeds all others that he
has knowledge about.
ORANGE COUNTY FIRE - Mindy, Paramedic Supervisor:
1. Yes.
2. No.
3. NO.
4. Orange County provides paramedic (ALS) and EMT-D (BLS). The department has
been spared lawsuits because ~he citizens perceive BLS to be a. higher'level
of service just as they expect from watching television, etc. The talking
defib units are not only life savers for heart patients, but they create
support for the polit.ical system from the citizens.
5. Highly suggests that CPR programs for high school students and citizens be
implemented if not in place. The highest recorded life saves are because
a citizen buys a couple of minutes by providing CPR to the wictim. Their
statistics show that family witnessed attacks have the greatest saves. A
save is when apatient leaves the hospital or is still alive after 3 weeks.
BREA FIRE - Chief Joel Shenam:.
1. Yes.
2. No.
3. No..
4. Brea approached liability the same as many other departments did. They
follow the Title 22 training requirements and since EMT-D is BLS which is
what fire departments provide as a standard of care they feel confident
that they are in no danger of being sued. There is always the possibility
that equipment can fail, but that is also true of a fire engine or other
tool.
5. Documentation of incidents is critical. A competent EMS d°ctor for Q & A
(Quality Assurance) is highly recommended. Extra batteries and lots of
audio tapes since multiple incidents will require downloading before reuse.
Employees feel good about the program and feel that the machines help them
do their job much more efficiently.
HEMET FIRE - Battalion Chief Ron CaKy:
1. Yes.
2. No.
3. No.
4. Liability is always a factor when you're doing City service. He felt that
when they did their startup that liabil.ity was lessened because the citizens
felt that they were getting excellent service. Hemet is a senior citizen
community and in one year and three months they have activated the machine
45 times with four saves.
5. Keep good records, critique all incidents during startup, keep extra batteries,
and consider the downloading of tape or modules.
FULLERTON FIRE - Chief Neuman:
1. No.
2. No,
3. N/A.
4. Yes.
5. Fullerton was within inches of implementing a program over two years ago.
The decision was made to wait and see. Chief Neuman stated that the
Department and City now wishes that they would have implemented the program.
Funding was an issue at the time and still is. He does feel that there is
enormous support in the community for the service.
RIVERSIDE COUNTY - captain Weddinton:
1. Yes and No. Some volunteers have the units and the department supports the
effort. ~
2. The employees are working Very hard to help the program. No opposition from
anyone, only support.
3. The upgrade is no different than learning how to use a new nozzle or other
tool. Pay is not provided at this time.
4. The department takes the same position that liability is greater without
than with the program. BLS Title 22 includes EMT-D and is a standard of "
' care for BLS providers.
S. No suggestions at this time.
LAGUNA FIRE - Captain B. Elson:
1. Yes.
2. No.
3. No.
4. Liability is always an issue. They feel that liability is greater without.
5. Extra batteries and lots of documentation.
RESULTS:
Question #1: Eight (8) departments answered "Yes", one (1) "Yes and No", and
one (1) "No".
Question #2: Ten (10) departments answered "No".
Question #3: Nine (9) departments answered "No".
Question #4: All ten (10) departments considered, liability and all ten (10)
felt liability was greater without EMT-D than with the program.
Question #5: A majority of departments suggested documentation, critiques on
startup, and extra batteries. They also recon~nended the Laerdahl
Company.
'. ' ,Laerdal, ..
· helping save lives ......... ' ......... ~...
July 31, 1991
Chief Steve Johnson
BAKERSFIELD FIRE DEPARTMENT
2101 H St.
Bakersfield, CA 93301
Bakersfield Fire Department acknowledges receipt of the
following defibr~illation equipment from Laerdal to be used
the upcoming EMT-D pilot for Kern County:
PRODUCT
LAERDAL QU~uNTiTY B.F.D.
PRICE RECEIVED EACH
PRICE
Heartstart 1000S $4,795~/ 3 ·$2,995
Medical Cntrl Unit $1,995. ~·~.~ 1 $ 995
Training Batteries $ 145.~-" 3 $ N/C
Extra Batteries $ 110~- 3 $ N/C
Paddlemate Adaptor $ 195. 2 $ N/C
LP5/R2 Softpack $ 146. 2 $ N/C
Data Base Manager
Cqmputer Software $ 695· 1 ~ N/C
Extended Total... $17,671. · · .... $ 9,980·
Ongoing disposable products such as electrodes will be the
responsibility of the B.F.D.
It is our intent to purchase this equipment at the B.F.D.
price above during the course of this evaluation, though we
understand we are under no obligation. Laerdal will assist·
in the fund raising program to purchase this equipment by
Robert Ambrose Dis~. Manager
s~Te .~nson, Chief ,
. Laerdal Meaical Corl:. P.O. Box 190, One Lal~riola Court. Armonk, NY':05,04-0]f,0
Telephone (914) 273-9404 · Teietax (914) 273-9648
HALL
AMBULANCE
SERVICE
INCORPORATED.
1001-21St STREET BAKERSFIELD, CA 93301-4792
(805) 322-1625 FAX (805) 322-1638
September 3, 1991
City of Bakersfield
City Council
Budget & Finance Committee
1501 Truxtun Avenue
Bakersfield, CA 93301
Dear Committee Members:
It is now, and has always been the intent of Hall Ambulance
Service, Inc. to participate in, and support, a trial study program
of EMT-Defibrillation (EMT-D) for the City of Bakersfield Fire
Department.
Even though there are no base lines of documentation for our
community, which could prove,or disprove the need for this program,
other areas in the state have documented successful EMT-
Defibrillation programs. But, is EMT-D needed in Bakersfield?
Only a study program such as this, where a private ambulance
service and a public fire department working together 'toward one
goal, can determine if our citizens need a permanent EMT-
Defibrillation program.
Personnel from our Company and the City of BakerSfield Fire
Department have expended numerous hours in preparing for
implementation of this study program and I respectfully request
that your Committee give consideration to this proposal.
Should you haVe questions or if I may be of any assistance, please
contact met at 322-1625.
Sincerely,
HALL A~BuLANcE SERVICE, INC.
President
"WE CARE. EVERY HOUR. EVERY DAY."
GOLDEN EMPIRE AMBULANCE
801 18th 'STREET · P.O,BOX 918 93302
BAKERSFIELD. CALIFORNIA 93301
325-9011
September 6, 1991
Chief Stephen Johnson
Bakersfield Fire Department
2101H St.
Bakersfield, CA 93301
Dear Steve,
As we have previously discussed, GOLDEN EMPIRE AMBULANCE
SERVICE has publicly endorsed the use of Automatic
Defibrillators in the field setting.
It is our belief that this program is needed and sh'ould be
strongly supported. The Kern County EMS Medical Director has
researched these programs and believes the 15% "SAVE" rate is
possible in our community. This action alone should compel
all EMS components to endorse this trial program.
Also to be considered is the liability issue for failing to
provide what has becOme known as "Standard of Care". In
recent years the EMS 'systems across the country have faced
liability claims for failing to provide services which are
considered to be a standard. This is evident in the areas of
Emergency Medical Dispatching (particularly the area of pre-
arrival instructions) and Performance Based Response
Standards vs. the old "Round Robin" (rotating calls
regardless of ambulance location) systems of dispatching
ambulances to 9-1-1 medical assistance calls.
If we can be of any assistance with your program, please do
not hesitate to call.
~Peter W."~randon~'~~.'
General Manager
"WE SERV~SO OTHERS MAY LIVE."
~'ITLE 2~ PBEHOSPrrAL EMEBGENGY MEDICAL SEBVIGF_,S
100049. Procedures [or an EMT.I A lo be Certified an EMT-I NA.
NOTE: Authority cited: Sections 1797.107, 1797.109, 1797.170 and 1797.175, Health and
Safety Code. Reference: ,~-ctions 1797.109, 1797.170, 1797.175, 1797~10 and 1797.216,
Health and Safety Code.
HISTORY:
I. i~enumbering and amendment of Section 100049 to Section 100083 filed 2-6-87; effec-
tive thirtieth day thereafter (l~egister 87, No, 10). For prior history, see i~egister 82, Nos.
3~ and 36.
100053. l~eeertifieation.
NOTE: Authority cited: Sections 17~7.107, 1797.109, 1797.170 and 1797.175, Itealth and
Safety Code. l~eferenee~. Sections 1797.109, 179'?.170, 1797.175, 1797.210 and 1797.9.16,
Health and Safety Code.
HISTORY:
I. Henumbering and amend,neat of Section 100053 to Section 100084 filed 9.-6-87; effec-
tive thirtieth day there~ter (Register 87, No. 10). For prior history, see l~egister 8~ Nos.
39 and 36.
(' 100055. l~ecord Keeping.
NOTE: Authority cited: Sections 1797.107, 1797.109, 1797.170 and 1797.175, Health and
Safety Code. l~eferenee: Sections 1797.109, 1797.170, 1797.173, 1797.200, 1797.~0~ 1797.~04
and 1797.~08, Health and Safety Code.
1. l~enumbering and amencL, nent of Section 100055 to Section 1000~ filed 2-6-87; effec-
tive thirtieth day thereafter (Eegister 87, No. 10). For prior history, see Begister ~ Nos.
39 and 36.
Article 1. Defnitions
10005~ Automatic Defibrillator.
"Automatic Defibrillator" means an external defibrillator capable of cardiac
rhythm analysis that will charge and deliver a sh~k after e!ectron, icaJly ,d. etect.
ing and assessing ventrieular fbrillation or rapid ventricular tachyeardia.
NOT~ Authority cited: Sections 17~.107 and 1797.170, Health and Safety Code. l~efer-
enee: Sections 1797Z~., 179'/.107 and 1797.170, Health and Safety Cxxle.
HISTORY:
1. New section filed 7-9-1-88; operative 7-21-88 {l~egister 88, No. 31).
100056.1. Manual Defibrillator. '
'- -: "Manual Defbrillator" means a monitor/defibrillator that has no capability
. for rhythm analysis and will charge and deliver a shock only at the command
of the operator.
NO'r~ Authority cited: Sections 17~7.107 and 1797.170, Health and Safety Code. l~efer-
enee: Seetion~ 1797~,, 17cJ7.107 and 17~.170, Health and Safety Code.
' HISTORY:
1. New section ~led ?-9-1-88; operative 7.21-88 (l~egister 88, No. 31).
1000569- Semi. Automatle De6brillator.
"Semi. Automatic D~brilJator" means an external defbriHator c~pable of
earcliae rhythm analysis that will charge and deliver a .shock a/te.r elee.tronie .~1. y
detecting and assessing ventrieular .fibrillation or rapid ventricular tael~ycarrl!~
but requires user interaction in order to deliver a shock.
NOTE: Authority eited: Sections 1797.107 and 1797.170, Health and Safety Code. l~efer-
enee: Seetions 1797-~'.'~, 1797.107 and 1797.170, Health and Safety Code.
HISTOHY:
-' '" L New section 61ed ?.21-88; operative 7-~-1-88 (l~egister 88, No. 31).
§ 100057 PBEHOSPITAL EMERGENCY MEDICAL SERVICES TITLE
(p..~54)
10005~. EMT-I Approving Autho~.
"~-i Appro~ng Aut~" m~ ~ agency or ~r~n autho~z~ by th~
Chapter to approve an ~ergency
foilo~:
(a) ~e ~-I Appro~g Autho~ ~r ~ ~ergency M~ical T~hnici~
I Nonambulan~ (E~-I NA)~aining pr~r~ ~nduct~ by a qual~ stat~
~de public ~e~ agency sh~l ~ ~ ~u~tor of the Emergency M~ic~
~ Autho~ty.
(b) ~e ~-I Appro~ng Autho~ for an Emergency M~icai T~hnici~
1 ~bul~ (E~-I,A) ~ni~g pr~ ~d any o~r ~-I NA training
~ro~ ~ot inc~uo~ in ~O~Uon ~a) ~1 ~'the i~! EMS Agency ~thin
that jufi~icUon.
NO~ Aut~ty eit~: ~tions 17~.1~. 1~.1~ and 1~.170. He~th and ~fety (~.
Referent: ~tio~ 1~.1~, 17~.170 and 17~, He~th and ~fe~ ~e.
HI~ORY:
1. Re,minOring a~ amendment of
l~; eff~tive t~rfieth day there~er
Reg~ter ~ N~. ~ ~d ~
1~. ~-1 ~nif~ng Authority. '
"~T-I ~rt~g Autho~ty" m~ ~ agency or ~r~n authoriz~ to
~rti~ and r~erfi~, ~ ~ Emergency ~c~ T~hniei~ I, an individual who
h~ ~mpli~ ~th the r~uiremen~ of ~ Chapter, ~ foUows:
(a) ~e Pro~ Dir~tor oF ~ approv~ ~ing pro.am offer~
~ub~e ~e~ agenc~y ~r~ ~d r~
the r~uirements oi t~ C~pter ~d whoh~ s~lly complet~ its
prov~ ~-I ~ur~ ~d ~pprov~ ~ng e~aUon: '
,.(b), ~e ~ic~ ~ir~o~ the [~ ~S a~en~ ~1 ~ and r~r~
a~i omer appfic~ts tot ~ 1-1 ~rfifi~Uon ~thin their ju~iction who have
~mp~ ~th ~e r~remen~ oF ~ ~pter.
NO~ Aut~ ~t~: ~o~ 1~.1~, I~.1~ ~ i~.170. H~lth and ~fety ~e.
Referee: ~ 1~.1~. 17~.170, 1~10
H~RY:
1. Ren~fing ~d ~endment of
~; eff~Uve thi~ieth ~y there~er
Re,stet ~ N~. ~ ~d ~.
1~. ~g ~am~atio~
"~g ~Uon", ~ ~
eider devel~ by the ~ Authofi~ or ~e ~-I ~ng Au~o~ ~d
ad--erin or approv~ by ~e
~d~ appl~g F~r ~eaUon ~ ~ ~-I. ~ e~Uon ~ ~clu~
~th ~Hen ~d s~ t~ ~om d~ to dete~e ~ ~d~ s
~m~ten~ for ~r~Uon ~ ~ ~-I A or ~-I NA.
N~ Aut~fi~ ~t~: ~Uom ~.1~, 1~.1~, 1~.1~0 ~d 1~.175, H~th
~e~ ~e. R~ere~ ~fi~ 1~.17~ 1~.175, 17~]10' ~d 1~16, H~th
HI~RY:
1. Renum~ng ~d ~en~ent ~ ~r ~fion
~; eff~five ~i~eth ~y ~er~er (R~ter
R~er ~ N~. ~ ~ ~
TITLE 0~_ *PREHOSPITAL EMERGENCY MEDICAL SERVICES § 100~61
1000S9.1. Def~o~illation Medical Direetor.
"De6brillation Medical Director" means a physician and sur*eo,~ li,,~,,~,,i ~,,
, ~,~em_e. ancl_,s. ~.e~ .gn..ated by the local EMS,medical director to be responsible
mr m.e EMT-I defibrillation, program, including medical control, under his/her
jurisdiction. Waiver of the board certified requirement may be granted by the
local EMS medical director if such physicians are not available for designation.
NOTE: Authority cited: Sections 179/.107, and 179/.170, Health and Safety Code. Refer.
enee: Sections 179/.5~,, 1797.90, 179/.107, IT~.I70, 1797.176 and 179/~'~0R, Health and
Safety Code.
HISTORY:
I. New section filed 7-21-88; operative 7-21-88 (Register 88, No. 31).
~' 1000~0. Emergency Medical Technician 1. .
s.u.cce~s~ tully e~.mpleteo a ¥'c El~fl'..l course which meets the requirements of
t..h. is__(~.~m_pter,_ has ~ ~ required tests, an~. who has [:~en certi~ed by the
P.,MI'-i (.;ertil~ying ^utnorit3, as one or more oi~ the following:
· (a)~.Em~e. rge, n~ Medical Technician, I Ambulance (F.~.I A). An E]~fT-I A
~ma~ ~ l ?.w, no nas su~c. e~ll.y completed .,an. approved ambulance attendant
o?.?e ..winCh m.eets the r _e~lm. rements of this Chapter, meets the E]~-I A
eernncnnon r.eqmrements of this Chapter, and has a valid EMT-I A certificate.
An EMT-I A ~s certi~ed statewicle in the basic scope of practice specified in
Section 100063 of this Chapter.
(h) Emerseney Medical Technician I Nonamhulance (EMT.I NA). An
F_~-I NA is an E]VlT-I who .has successfully co .mpleted an approved nonambu.
INa~c'~ m..~o~u].e, which .meets the r~.c~u, irements o! this Chapter, meets the F_,MT.I
.,~ ce,.?t~._ca.n.o~.r .eq .ulre. men. ts o£ this Chapter, and has a valid F_~-I NA certifi-
?re.. ~ 1'-1 I~A includes the categories 0£ F_,~IT-I identi~ed as F.~-I Fire
~er~ce (EMT*I PS) and E]vIT. I Public Safety (F_,MT-I PS). An F.,MT-I NA is
certified statewide in the I~tsic scope of practice speei~ed in Section 100063 of
this Chepter.
NOTE: Authority cited: SectiOns 1797.107, 1797.109 and 1797.170, Health and Safety Code.
Reference: Sections t79/.80 and IT9/.170, Health and Safety Code. '
HISTORY:
!. Renumbering and amendment of former Section t(~Oll to Section 100060 ~
~6-87; effective thirtieth day thereafter (Register 87, No. 10).
"Local Accreditation" or "Accreditation*' or "Accredited to Practice" as used
,,tl.~ stoll, spe?~eo m ~ection t~,~i within that jurisdiction. Such author/zation '
.as?r, ~ .t~,t .the , ..~. -I has been orie. nted to the local EMS s~stem and trained
o~etibriltation still necessary to ach/eve the treatment stan~trd of thejurisdic-
NOTE: Authority c~ted: Sections 1707.10T and 1797.170, Health and Safety Code. Refer.
enee: Sections 179/.170, 1797.176, 1797.177, 1797.178, 1797.200, 179/.,~04, 179/.206,'179/.~10
and 17~14, Health and Safety Code.
Hi~i'ORY:
1. New section pled P~6-ST; effective th/rtieth day thereat~er (Register ST, No. 10).
§ 10006~ PREHOSPITAL EMEI~GENGY MEDICAL SERVICES TITLE oo
(p. 30~6) tns~tstsr ~ %. ~-~
Ar~cle ~ ~ner~ Pro~o~
1~ Appli~tion of ~apter to O~tion of Ambula~
(a) ~pt ~ proHd~ herein, the atten~t on ~ ~bu~n~ o~rat~ in
emergency ~ce, or the d~v~.~ there ~ no attendant, s~i ~a v~id
andcunent E~-I A ~cate. ~ r~ui~ement ~1 not apply du~ng o~-
city d~lar~ ~at~ of emergency ~d ~nder ~n~o~ ~ifi~ in H~ith
~d SMe~ ~e, ~on 17~.1~.
(b) ~e r~uiremen~ for ~-1 A ~r~ca~on of ~~ attend~
Sh~l not apply, unl~ the indi~du~ ch~ to ~ ~fi~, to the foilo~ng:
' (1) Physici~s currently li~ by the State of ~ifom~.
(~) Re~ter~ nur~ cu~ently ~n~ by tM S~te of ~lffomia.
(3) Phy~ci~s ~t~ cu~ently li~ by the State ~ ~lifo~a.
(4) Emergency M~ic~ T~~ Par~i~ (~-Ps) currently ~r~-
~ in the State of ~for~a.
(5) ~ergeney M~ie~ T~hni~ ils (~T-I~) ~rrently ~rti~ in the
State of C~ifomia.
(c) ~b~ attendan~ ~ oUt,f-state who ~e not currentlg cer~
~ an ~-I A ~ the State of ~o~ may tem~ra~y enter ~ornia when
approv~ b~ ~e I~ ~S Agen~ in order to pro,de emergency m~ic~
~r~ r~ to a r~u~t, ff~e follow~g ~n~tiom are met:
(1) ~e a~endan~ are approp~telF ~ce~ or ~ by the state of
o~n;
(l) ~e attendan~ r~ct thek ~ o[ pracfl~ to t~t of their state of
o~.
NO~ AuthofiW dt~: ~fiom 17~.1~, 1~.1~ ~d 1~.170, H~th ~d ~ety ~
Referent: ~fio~ 17~.1~ and 1~.170, H~th ~d ~ ~.
HI~ORY:
1. Renum~ng ~d ~en~ent of foyer ~ion l~la to ~tion 1~ ~
g~; eff~ve thi~ieth day t~r~er (R~ ~, No. 10}. F~ p~ h~o~, ~
Re.er ~ N~. ~ ~ ~
1~. ~ of P~eti~ of Emegeney M~i~! T~h~n-I (~-I).
(a) ~ ~g, w~e at ~e ~ne of ~ emergent, ~d du~ng ~-
~R of &e ~ck or ~jur~, or dufi~ ~teda~ity ~r a m~ ~T-I
~ or ~ ~-I ~ authofiz~ to do ~y of ~e foHo~ng: (1) Ev~te ~e iH ~d ~jur~.
(g). Render ~e ~e mppm, r~e ~d R~ ~d to pa~en~'~th one or
more ~ the ~Ho~ng:
(A) m~i~ emergen~
(B) ~a~ emergen~
(C) en~o~en~ emergenci~
(D) ~yc~c emergen~ ~
(E) o~e~ emergen~
(3) Ob~ ~e ~ ~clu~g tem~ra~e, bi~ pr~re, p~ ~d
r~afion ~t~,level of ~o~, ~d pup~ ~.
(4) Pe~ ~op~o~ r~o~ ~elu~g the ~ of m~
adj~c~ to ~c ~op~o~ r~~
(5) U~ ~ foHo~ng adjective ~ay br~t~ng ~ ·
(A) orop~g~ ~ay;
(B) n~p~g~ ~may;
(C) ruction de~
(D) ~c o~gen delive~ de~; ~d ·
(E) m~u~ and m~hani~ ven~ de~ d~ for prehospit~ ~.
TITLE 22 PREHOSPrrAL EMERGENCY MEDICAL SERVICE~ § 100~
(R~i't,r ~. No. 3~--~.3~a~! (p. 3057)
(6) Use various types of stretchers and body immobilization devices. This
does not include using pneumatic antishock trousers as an immobilization de-
(7) Provide initial prehespital emergeney care of trauma, which includes:
(A) controlling external hemorrhage;
(B) applying dressings, bandages, and slings;
(G) immobilizingskeletal injuries; and
(D) spinal immobilization. '
(8) Administer oral glucose. .
(9) Perform extrication and disentanglement from entrapment.
(10) Perform basic field triage.
(11) Transport the ill and injured.
· ---- (12) Assist an EMT~ll or EMT-P in the pretreatment set up for ALS proce-
dure-%
(13) Manage patients within their scope of practice.
(b) In addition to the activities authorized by subdivision (a) of this section,
a local EMS Agency may also establish policies and procedures w.hich allow a.
supervised EMT-I A trainee or certified EMT-I A in the prehospital setting and
during interfacility transport to: ·
(1) Monitor peripheral lines delivering intravenous glucose solutions or iso-
tonic balanced salt solutions including Ringe. r's lactate for volume replacement
if:
(A) The patient i~ noncritical and deemed stable by the trangerring or base
hospital physician and the physician, approves transport by an EMT-I.
(B) Nothing has bc~n added to the intravenous fluids and, in the prehospi-
tal setting, no other advanced life support, procedures have been initiated.
(C) The EMT-I A may only monitor, maintain a preset rate of flow and tUrn
off the flow of intravenous fluid.
(2) Transfer a patient as described in (1) (A) above with nasogastric (NG)
tubes, gastrostomy tubes, heparin locks and/or foley catheters.
(c) The scope of practice of an EMT-I shall not exceed those activities au-
thorized in this section unless the local EMS agency has authorized the EMT-I
utilization of the optional skill specified in Section 100064.
NOTE: Authority cited: Sections 1797.107, 1797.109 and 1797.170, Health and Safety Code.
Reference: Section 1797.170, Health and Safety Code.
HISTORY:
1. Renumberin$ and ,mendment of'former Section 10(1015 to Section 100063 filed
2-6-87; effective thirtieth day thereafter (Register 87. No. 10). For prior history, see
Register 82, Nos. 39 and 36.
100064. Optional Skill. .
(a) In addition to the activities authorized by Section 100063 of this Chapter
a local EMS agency may establish policies and procedures for local accreditation
of an EM'F-I trainee or certified EMT-I to perform defibrillation on an uncon-
scious, pulseless, patient who is apneic or has agon~~f~s.
_~(ty~Training shall co _nsist. of not less than~c~'~1))~ou~o~result in the
'~AfF-I being com~tent in the recogniti?n o~n an.d use.of
a manuafly operated defibrillator, or not less than k~ (4) hour~o~.esult in the
EMT-I being competent in the use of an automatic serh¥';~E6tomatic defibrillator.
Included in the above training hours shall be the following topics and skills:
(A) Anatomy and physiology of the heart; .
(B) Basic electrophysioiogy;
§ 1000~4 PREltOSPITAL EMERGENCY MEDICAL SERVICES TITLE
(C) Electrocardiogram (EKG) and monitoring;
(D) Rhythm recognition of ventrieular fibrillation and eardiae standstill (a-
systole);
· (E) Defibrillator operation and defibriilgticmi '
~,.~)--_Me~ienl Control.
-~L:~-''~ (b) The medical director of the local EMS agency shall develop a plan for
( -' E..MT-I defibrillation. The plan shall, at a minimum, include the following:
~ · '~'/: (1).-A description of the need for the use of defibrillation.~
-.-,..,~"-- (R) A description of the geographic area within which defibrillation will be
-:.-----' '"'.-.utilized. .
(3) A description of the data collection methodology which shall also include
the.?v~uation of the effectiveness of the additional procedure.
..~l) ,)ne pol!.ci~ and. pr, oce~,ures t? ,be,.!ns.tjtuted by the local EMS agency
regaromg meolcai control uno use ut oelibrillation.
..~f'A local EMS agency medical director who accredits EMT-Is to perform
rte skiil~)f defibrillation shall:
~ .,](4~Establish policies and procedures for the approval and designation ut'
~rvice provider (s).
~/~ ~(~V"Approve and desi .gn, ate. selected b.ue hospital(s) as the local EMS agency
oeems necessary to provicle direction and supervision of accredited EMT. Is in
aeco.r~d._~ce with policies and procedures e~tablished by the local EMS agency.
Y% ,~(a) Establish policies and procedures to collect, maintain and evaluate pa-
trent c~re recorcL~
~.. (4)~Report annually to the EMS Authority on:
~ -'(A) the number of patients on whom EMT-I defibrillatory shocks were ad-
ministered:
)(...(B) the number of these patients who suffered a witnessed cardiac arrest
_ w .ho~_.s.e'-'~.. 'tial monitor.ecl, rhythm was ventricular fibrillation; and
~ (C_) ~e .number ut these patients who we.re discharged ~rom the hospital.
.. - ..... ~'.-.{d)"The local EMS medical director may designate a defibrillation medical
' ' ~' director to be reslx)nsible for accreditation and any or all of the following
requirements:
..<~'.~'A..pp. ro.ve,.~.d monitor training programs including refresher training
· wmun ns junsmcaon.
/X~..~(.~)- Establish policies and procedures for continued competency in defibril-
]ati,o,n whi.'ch .will ~?'.t o~organized field care audits, perio(]ic training sessions
ano/.or.sn~u~ ct..ure(].c~e.a~,e.,x~e, fi~en~ that will be in addition to the require-
ments m becnon wuu~ o~ this ~=naptet.
~. (3) Require a documented demonstration of defibrillation ~cill prefieieney
at~intervals determined by the medical director. In no case shall the interval
exceecl one month for those accredited to use nummi defibrillators and every
$ months for those accredited to use automatic or semi-automatic defibrillators.
.(A) : Accreditation may be rescinded by the medical director who granted
accreditation fi, in his/her judgement, the individual Fails to demonstrate
competency in the skill of defibrillation.
l~),,A~reditaU, on ,.may be temporarily _suspended in accordance with the
_ .r:~.:).a. ge.n. cy s pollc]es and procedures, by the local EMS medical director,
i~Vl'l:l cletibrillaUon medical director, or base hOfPital medical director.
,~,e.l.ocal EMS agen. cy medical director may review and sustain or over-
rme a uecmon to rescind accreditation made by the defibrillation medi~l
director or base hospital physician or a decision to suspend accreditation made
by the defibrillation medical director ut base hospital physicL~a.
TITLE 22 PREHOSPITAL EMERGENCY MEDICAL SERVICES § 10~66
/ (p. 3059)
. (D) The local EMS agency shall develop policies to provide for notice and
appeal procedures for individual (s) who~e, accreditationhas been suspended or
rescinded.
(e) The defibrillation medical director ma), delegate the specific field care
audits, training, and clinical experience or demonstration of competency to the
m .edica] director of a base hospital or to a physician, registered nurse, physician
amstant, F_.MT.P, or EMT-ll, licensed or certified in California.
(0' In order to be accredited to utilize defibrillation, an EMT-I shall demon-
strate competency through passage, b),. preestablished standards, developed
~:~!o_r_.a_p_p.rov..ed by ,th.e,i .oc~..E~,S a~e.,n, cy, of a competency based written and
aam~ exammanon wmcn tests the ability to assess and manage the specified
condition.
NOTE: ^uthotity cited: Sectiom IT97.107 and 1797.170~ Health and Safety Code. Refer.
ence: sectiom 1797.59., 1797.5~, 1797.g0, 1797.170, 1797.17:3, 1797.175, 1797.176,
1797.21~ 1797.212~ 1798, 1798.9, 1798.4, 1798.1(10, 17g~.102 and 1798.104, Health and Sat'cry
Code.
HISTORY: 1. New ~ection filed 9.-64r/; effective thirtieth day ~hete. Mter (Register 87, No. 10).
2. Amendment filed 7-9.1-~8; operative 7.9.1418 (Register 88, No. 31).
~...~ticle 3. Program Requirement~ for EMT~I Training Programs
100065. Appr°~;ed Training programs;
_,_(~) The purp?e, o.f.a~,,E~. ,~l~training program shall be to prepare individu~
~a~__to_ r_en?er, .p.ren .os~rm ,oa~. e lite ,suppo.rt at the scene of an emergency, during
uampon o~ me sick ana injurea, or cluring interfacility tranger ~thin an
organized EMS system.
· (b~ ._F_,M~'_.! training may be offered onl), b), approved training programs.
Eligibility for program approval shall be limited to:
(l) Accredited universities and colleges including junior and community
co~ge~_s~.ho?l.~ts, a~..d private post-secondary schools.
I)~ ~ _n.~ ge.ne, ral acu.te, care ho?pitab which meet ~ following criteria:
~ no~u a specuu permit to operate a Basic or Comprehensive Emergency
M ,ec~i~?al Se .rvi,','ce pursuant to the provisions of Division 5; and
tu~ proviae continuing education to other health care professionals.
(4) Agencies of government.
(5) Public safety agencies.
(6) Local EMS Agencies. '
NOTE: Authority cited: Sectiom 1797.107, 1797.1~, 1797.~T0 and 1797.173, Health and
Safety Code. Reference: Sections 1797.170, 1797.17:3, 17g'/.9.08 and 1797.~13, Health and
Sat'ety
HISTORY:
1. Renumbertng and amendment' or' t'ormer Section 100017 to Section 1000~ flied
9.-6-87; elTeetive thirtieth day thereaRer (Register 87, No. 10). For prior history, see
Regater 89, Nos. a9 and :~
100066. Procedure trot Program Approval.
gr~b)) __~_'~ble,~aininff,~pr__o~ .ams may mb. mit a written request for EMT-I pro-
a,~r~_to..an e~v~'~:t Approving Authority.
t ne e~-r-~ Approving Authority shall review and approve the following
prior to approving an F.,MT.I A or EMT-! NA training program:
§ 100066 PREHOSPITAL EMERGENCY MEDICAL SERVICES TITLE 22
i (1) A statement ye '_rffying usage of State F~T-I Curriculum which includes
learning objectives, skiJls protocols and treatment guidelines.
(~) Session guides or lesson plans.
( ) A course outline if different than the State EMT. I Curriculum format.
}~{ Samples of written and skills examinations used for periodic testing.
A Rnal skills competency examination.
(6) A Rnal written examination.
(7) The name and qual~Rcations of the program director and program clini-
cal coordinator, and principal instructor(s).
(8) Provisions for clinical hospital and ambulance experience training for
F_,MT-I A programs.
(9) Provisions for field/clinical experience training for EMT-I NA.
(10) Provisions for course completion by challenge including a challenge
examination (if different fro. m fu~d examination).
(11) Provisions for refresher course, including all the above,
(13) The location at which the courses are to be offered and theirProposed
dates. .
(14) Table of contents listing the required information listed in this subsec.'
tio.n,, with .co..rrespon '.d~g page numbers.
tc) In addition to those items listed in 'subdivision (b)of this section, the
S. tate..E. MS Authority shall .assure that a statewide public safety agency meets
the following criteria in order to approve that agency as qualified to conduct
a s~fe.wi.'de EMT-I NA training prog~ara:
( ) Has a statewide role .and responsibili~ in matters affecting public safety.
,(.2), Has a cen a l, authori oyer its . rr-i trai g program ction
~aCp~erC~. correct an), elements of the program found to be in conflict with this
(3) Has a management structure which monitors all of its EMT-I training
programs.
(4) Has designated a liaison to the State EMS Authority who shall respond
to problems or conflicts identified in the operation of its EMT. I training pro-
(5) In addition, agencies with EMT-I training conducted by an entity other
than an orga~!7~,ational part of that agency shallmeet the following additional
recjuirementr.
,__(~) ..De~gn~.,te the p.rincipa~, ~. ct.or as a'liaison to. the EMT-I Approving
~umono/tot me couno/in whicl~ the training is conducted; and
(B) cons.'ul, t with the EMT-I App.roving Authority for the county in which the
,t~' '.a~, ~oas~c r.z~t ~ I-~:acotedurs~.m developing the EMS S~stem Orientation portion of the
C
TITLE ~ PREHOSPITAL EMERGENCY MEDICAL SERVICES §'10003S
CHAPTER ~. EMERGENCY MEDICAL TECHNICIAN I
NOTE: Authority cited: Sections 1797.10'/, 1797.109 and 1797.170, Health and Safety Code.
Reference: Seetiom 1797.109, 1797.170 nnd 1797.~08, Health and S~fety Code.
HISTORY:
1. New Div~ion 9 (Chapter ~, Articles 1-8, Sec'dom 100006-100088, not consecutive)
~ed 9-1-8~ etfeetive upon
filing pursuant to Government Code Section 11346~(d) (Reg.
ister 85, No. 36).
~. Eclitor~ renumbering of'Div~ton 9 to Seetion~ 100000=101X}88, not consecutive
(Register 8R, No. 39). ·
3. Editorial eonsotidaUon of HISTORY NOTES to re4~eet renumberin~ and amend-
ment of SeeUons 10000~1~, not consecutive, to SeeUons 100067-100070, not eonsecu-
Uve, ~led $-6-87; operative 3-8-87 (Register 87, No. 55). For prior history of Secti°ns
10000~1000S7, not eomeeUuve, see Negister 87, No. 10.
1000'29, Prolp'am Review and Reporting.
NOTE: Authority cited: Seetions 1797.107,1797.109 and 1797.170, Health and Safer,/Code.
Reference: See~iorts 1797.109, 1797.170 and 1797,~08, Health and Safety Code.
HISTORY:
1. Renumbering and amendment of $eeUon 1000~9 to SeeUon 100071 filed 2-6-87; effee-
Uve thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 8~, Nos.
~9 and ~6.
100031. Withdrawal of Program App .rpval.
NOTE: Autho~ty eited: Seetions 1797.107,1797.109 and 1797.170, Health and Sa/'ety Code.
Reference: Sections 1797.109, 1797.170, 1797~08 nnd 17~J8.$0~ He~dth and S~fet3, Code.
HISTORY:
.... 1. Renumbering and amendment of SeeUon 100031 to Section 10007~ Eled 2-6-87; e~fee-
tire thirUeth day thereafter (Re,stet 87, No. 10). For prior history, see Register 8~, Nos.
39 and 36.
10003~. Components of an Approved Program.
NOTE: Authority cited: SeeUons 1797.107, 1797.109, 1797.170 and 1797.175, Health and
Safety Code. Reference:. SeeUons 1797.109,1797.1'/0 and 1797.208, Health and Safety Code.
HISTORY:
1. Renumbering and amendment of SeeUon 100033 to SeeUon 100073 ~]ed 2-6-87; effec-
tive thirtieth day there~ter (Register 87, No. 10). For prior history, see Re~ster 8~ Nos.
39 and 36.
1000~ Requimt Course Hours.
NOTE: Authority cited: Sections ~797.107,1797~109 ~nd 1797.170, Health and Safety Code.
Reference: Section 1797.170, Health and Safety Code.
HISTORY:
1. Renumbering and amendment of SeeUon 10003,5 to SeeUon 100074 filed 2-6.87; etfee.
Uve thirtieth day thereafter (Re~ster 87, No. 10). For prior history, see Register 8~, Nos.
39and 36.
I
§ 10QiX~ PBEHOSPITAL EMEBGENCY MEDICAL SEBVICES TITL~
(p. 3052) CR~,~r
~000~. Required Course Content.
NOTE: Authority cited: Sections 1797. X07, 1797.109 and t797.170, Health md Safety Code.
Reference: Section 1797.170 and 1797.173, Health and Safety Code.
HISTORY:
1. Repealer of Section 10037(n) and (b), and renumbering and amendment of Section
100037(c) and (d) to Section 100077 flied 2-6-87; effective thirtieth day thereafter (Regis-
ter 87, No. 10). For prior history, see Register 82, Nos. 39 and 36.
1000~9. Required Testing. ,'
NOTE: Authority cited: Sections 1797.107, 1797.109 and 1797.170, Health and S~fety Code.
Reference: Sections 17g'/.109, 1797.170, 1797.208 and 1797.210, Health and S~ety Code.
HISTORY:
1. Renumbering and amendment of Section 100039 to Section 100078 flied 2-64r/; effec-
tive thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 82, Nos.
39 and 36.
100041. Course Completion Record.
NOTE: Authority cited: Sections 1797.107, 1797.109 and 1797.170, Health and Safety C, ode.
Reference: Sections 1797.109 and 1797.170, Health and Safety Code.
HISTORY:
1. Renumbering and amendment of Section 100041 to Section 100079 flied 2-6-87; effec-
tive thirtieth da), thereafter (Register 87, No. 10). For prior history, see Register 82, Nos.
39 and 36.
100043. Course Completion by Challenge Examination.
NOTE: Authority cited: Sections 1797.107, 1797.109 and 1797.170, Health and Sairety Code.
Reference: Sections 1797.109, 1797.170, 1797.2~ and 1797.210, Health and S~fety Code.
HISTORY:
1. Renumbering and amendment ef Section 1(~343 to Section 10(1080 flied 2.6-8'/; effec-
tive thirtieth day thereatter (Register 87, No. 10). For prior history, see Register 82, Nos.
39 and 36.
100045. Certification.
NOTE: Authority Cited: Sections 1797.107, 1797.109, 1797.170 and 1797.175 Health and
S~dety Code. Reference: Sections 1797.109, 1797.175, 1797.177, 17979-10 and 1797.216~
Health and S~ety Code.
HISTORY:
1. Renumbering and amendment of Section 100045 to Section 100081 flied 2-6-87; effec-
tive thirtieth day there~'ter (Register 87, No. 10). For prior history, see Register 82, Nos. ('
39 and 36.
100047. Procedures for an EMT-I NA to be Certified an F.,MT-I A,
NOTE: Authority Cited: Sections 1797.107, 1797.109, 1797.170 and 1707.175, Health and
S~ety Code. Reference: Sections 17gLl(~, 1797.170, 1797.175, 1797.210 and 1797.216,
Health and Safety Code.
~RY:
1. Renumbering and amendment ef Section 100047 to Section 100082 flied 2-6-87; effec'
tive thirtieth da), thereal~er (Register ~/, No. 10). For prior history, see Register 82, Nos.
39 and 36.
CITY COUNCIL REFERRAL
MEETING OF: 08/14/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM: RECORD~ 8587
~Communication from J. Dale HaWley, Executivel
Director, Central District Development Agency,,
'dated AugUst 71 1991, regarding Redevelopment
!Real Estate Holdings.,
ACTION TAKEN BY COUNCIL:
RECEIVE AND REFER TO BUDGET AND FINANCE
COMMITTEE. APPROVED AA.
BACKUP MATERIAL ATTACHED: YES
DATE FORWARDED BY CITY CLERK: 08/15/91
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
.~.,~~ MEMORANDUM
August 7, 1991
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: J. DALE HAWLEY, EXECUTIVE DIRECTOR ~'~----
CENTRAL DISTRICT DEVELOPMENT AGENCY
L/
SUBJECT: REDEVELOPMENT REAL ESTATE HOLDINGS
In 1982 and 1983, the Redevelopment Agency of the City of Bakersfield (The
Agency) acquired three parcels under a policy of property acquisition at market
value as they became available. These parcels have been held for future project
development since that time.
During the 1991-92 budget presentation, the City Council was informed of the
cash flow problems of The Agency and staff's recommendation to sell Agency
properties to the City. The Agency has received inquiries regarding the property
located at 1325 19th Street (ANB Corporate Offices) and is trying to determine
the City's continued interest in this and other sites to provide off-street parking.
JDH.alb
--- CITY COUNCIL REFERRAL
MEETING OF: 07/31/91
REFERRED TO' BUDGET & FINANCE J W STINSON
ITEM' RECORD¢ 8569
Council membership in the.National League of
Cities. (Edwards)
ACTION TAKEN BY COUNCIL:
REFER ISSUE TO BUDGET AND FINANCE COMMITTEE AND
BRING BACK TO COUNCIL WITH RECOMMENDATION BEFORE
THE NATIONAL LEAGUE OF CITIES MEETING IN
.DECEMBER. APPROVED.
BACKUP MATERIAL ATTACHED- NO
DATE FORWARDED BY CITY CLERK- 08/06/91
STATUS-
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
National League of Cities
1991-92 budget for associated annual costs
Annual Membership: $7,206.00
conference Expenses (Las Vegas):
Advanced Registration (4 x $330) $1,320.00
Hotel (4 x $77(Double Occupancy) x 4 nights) $1,232.00
Per Diem (4 x $45 x 5 Days) $900.00
Incidentals (Travel reimbursement, Parking, etc.) $342.00
$3,794.00
Total Budgeted $11,000.00
CITY COUNCIL REFERRA~
MEETING OF' 07/31/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM: RECORD¢ 8525
Communication from'Merrell Gibson, Building and
Grounds Chairperson, Friendship House Community
Center, 2424 Cottonwood Road, dated July 19,
1'9'91, requesting additional funds for their
Friendship House Recreation Improvement Project.
ACTION TAKEN BY COUNCIL:
RECEIVE AND REFER TO BUDGET AND FINANCE
COMMITTEE. APPROVED. AB- CB.
BACKUP MATERIAL ATTACHED: YES
DATE FORWARDED BY CITY CLERK' 08/06/91
STATUS-
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
(~ommunl~y Oemer
· 'Helping People Help Themselves'
Oscar J. Anthony
Executive Director . July 19, 1991
BOARD OF DIRECTORS
William J. Mauox
President Mayor and City Cotmcil
City of Bakersfield
WaherMiles C/O Carol Williams, City Clerk
Vice President 1501 T~,txt',ln Avenue
Bakersfield, CA 93301
Damell Haynes
Treasurer
Re: Friendship House Recreation Improvement Project
Allie Mae Carpenter/ ~t C.D. 25.89 · 1
Sylvia Prestagc
Ce, Secretaries Dear Mayor and City Council:
Maebelle Cooper
Shirley Cotton AS a result of the Comn~nnity DeveloFment Block Grant
Lewis Frye awarded to us, we are able to constract a sports complex
Me.ellGibson on three acres of undeveloped land owned by the Friendship
Stan Grady
Amere(Tom) Hawatmeh Ho'dse with the intent of expanding our recreational programs.
Adrienne Herd-Dean
Don Hoggat! Opening bids were held on 5une 19th and the pre-~ob conference
Bob Lerude on guly 15th. Unforttnnately, the bids were higher than an-
Pat Osby ticipated. So we are forced to phase the project out. H & A
Andy Prestage
Ed Schrader Constr.~ction Co. was low bidder with a subnittal of the
Stephanie Serra following to accomplish phase I:
Fran Simpson
JoeWamer a) Restrocrn and Grading 5101,862.00
goben Wohz (sewer line & electric)
On'al Wooner b) Irrigation System 37,440.00
TOTAL $139,301.00
CDBG $155,000.00
Bid =139, 301. 00
Remaining $ 15,699.00
As you can see, $15,699.00 is left after the low bid, and
will cover other expenses such as advertising (2,844.99),
some material and utilities.
We are in need of approximately $75,000.00 to install
the outside' light standards which is included in phase II.
We are confident that we could acc3]ire donated labor for
the installatiOn for the fencing and landscaping. The
additional monies for material will be raised.
2424 Cottonwood Rd., P.O. Box 70005 Bakersfield, CA. '93387
Telephone: ( 805 ) 831-4590
A kJnited Way Member Agency
Oscar J. Anthony "Helping People Help Themselv®s'
Executive Director
BOARD OF DIRECTORS
William J. Mattox
President Yo'dr in~nediate attention to this matter will De greatly
appreciated. We are tPdly grateful for your past support
Walter Miles and thnnk you, in advance for your future support.
Vice President
Damell Haynes Sincerely,
Treasurer
Allie Mae Carpenter/
Co-Secretaries
Maebelle Cooper ~errell Gibson
Shirley Cotton Building and Grounds Chairperson
Lewis Frye Friendship House Co~n~.~ity Center
Merrell Gibson
Stan Grad}'
Amere (lorn} Hawatmeh Oscar g. Anthony
Adrienne Herd-Dean Exec~ltive Director
Don Hoggatt
Bob Lerude
cc: Lynn Edwards
Pat Osby
Andy Prestage
Ed Schrader
Stephanie Serra
Fran Simpson
Joe Warner
Robert Wohz
Orval Wooner
2424 Cottonwood Rd.. P.O. Box 70005 Bakersfield. CA. 93387
Telephone: (805) 831-4590
A Way Agency
United
Member
CITY COUNCIL REFERRAL
MEETING OF' 07/17/91
REFERRED TO' BUDGET & FTNANCE J W STINSON ~
ITEM' RECORD~ 8481
Communication from Arthritis Association of Kern
.County requesting $90,000.' (DeMond)
ACTION TAKEN BY COUNCIL-
MOTION TO REFER TO BUDGET AND FINANCE COMMITTEE.
APPROVED.
BACKUP MATERIAL ATTACHED- YES
DATE FORWARDED BY CITY CLERK- 07/~9/91
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
,. S A s$OCl&tlOll sum 1o7 Tax Exempt # 95-3669747
--CT~~t y Bakersfu~ld CA 93301 O A Ur~t~d Way~
of Kern ao, 322-0411
£X£CUT]V£ aOA~ July 16, 1991
Chris Oacobs RECEIVED
Pres I dent
Peggy Dewane pope
v~ce-Pres~e.t Mayor Clarence Medders JUL 1 6.1991
Kathy Brown
Secretary Bakersfield City Council
~ack R. Scott 1415'Tmxtun Avenue Olarence E. Meclders, Mayor
I~asuFer
Bruce C. aay Bakersfield, C~a. 93301
Past President
Jim BancluccJ
Carolyn Budat
Nancy Carpenter Dear Mr. Medders,
Ke)I¥ Franctsco
Roger Grass
Guy GreenXee In MaY oflgcJo, the Arthdtis'A~sociation was awarded a Community Development Block
Phyllis Griswold
Gregory E. Hash Grant from the City of Bakersfield and the County of .Kern, ($150,000 from the City and
Dale Liggett .$1S0,000 trom the County), for our Adaptive Aquatic Center project.
connie Ltttlef~eId
Virginia Mil)er
Steven Moreau At the time the estimated' cost of the tacility was $776,000 (Oounb/figures based on the
Haze! Reed
Orville Rettz .architect's estimate).
'Eddy Royeton
'Sharon Ro),eton
Howard 'St l ver ' 'The project-was advertised tot bid during the month of .dune. To our sunrise and
EUtnene She! ! · dismay; the iow.bid came in .at $1
· .£1sJe &orensen
.Beverly Steveson
Pair,cia lanner .Our architect is now making revisions to the plans and we will be puttingthe project out
Oane Thornton
· Karen lownsend 'to,bid .a~in 'in hopes the bids will be considerably less.
MEmCAL AOVISOeS .AS c~.June-lst,1991 the Arthritis Association has been successful in raising $147,854
Bram BernsteJn, M.D.
Pediatric Rneumatolog~st in cash. In addition we have'lO4,080 in pledges receivable. During the'moth c~ June,
Los Angeles -we rca:~eived an additional :$5,000 in pledges and cash.' (The properb/is paid for in tull
Martin Berry, ll.D. and 44,243 in architects' tees have been paid.) ·
Rl~eumato ! og ~ st
Bakersfield
Roclney Bluestone, M..D. Arkelian Foundation has informed us that we will be-receiving a $10,000 grant from
R~eum,to)og~st them, ~,OOC) now and' $~5,0(X)when the project is completod,
Los Angeles
AOVISOeY BOARO We are now respectfully requesting ~,000 trom the City of Bakersfield and
Wjl Ham Ayers, v.p. from the County of Kern so that we may move forward on this much needed ~cilit~/tot
TICOR Title Insurance ·
the disabled in our community.
Dr. Kelly B)anton
K.C. 5upi. of Schools
Ray Oezember The additional amount requeste~l should cover the difference in estimated cost. The
ct~aJrman of the Board Association remains committed to providethe balance of funds needed to complete the
Central Pacific 'Corporation
The Hon. Gary T. Friedman project.
Superior Court of Kern County
Ann Gutcher, Mgr.
Kern County Board of Trade ' Sincerely,
Richard Hitchco~:k, Atty.
Borton, Petr~nJ & Contort
Jerry K. Stanners ~~/
Chief Executive Officer
The Bakersfield Californian
EXECUTZVE mRECTOR Judy Combs
Oud~ Co~s Executive Director
IN MEMORIAM
JC/mw
Dode PerrJn
Founaer
CITY COUNCIL REFERRAL
MEETING OF' 07/31/91
REFERRED TO' BUDGET & FINANCE J W STINSON
ITEM: RECORD~ 8524
'Communication from Judy Combs, Executive
DirectOr, Arthnitis Association of Kern County,
,2920 H Street, .Suite 107, dated July 16, 1991,,
requesting additional funds ¢or their Adaptive.
Aquatic Center Project,
ACTION TAKEN BY COUNCIL'
RECEIVE AND REFER TO BUDGET AND FINANCE~
COMMITTEE. APPROVED. AB' CB.
BACKUP MATERIAL ATTACHED' YES
DATE FORWARDED BY CITY CLERK: 08/06/91
STATUS'
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
· ' ~ ~
'" Arthritis Association
, ~' .x, '. . %'uitu Id7 l~x f:'xrml~ ~' 9~-. .;669747
.,/' , ~:' ,, Bukur~/iuld, (',-t 9330l A Unit~ Way Agency
..... ., o[ Kern County
~ ·
[X[CUIlV~ ,()ARI) July 16, 1~1
PresiCent -'-
V~ce-kresident MS, Carol Williams C~y Clerk c ....
Secretary CRy of Bakersfield
,,~c~' R. ':,c;~ 1415 Tru~un Avenue
l reasurer -
~r,,:. c .... ~av Bakersfield, Ca. 93301 ~ .....
I'asL Pres J derlL ~
Car'ulyn Buda)
Nancy CarpenLPr Dsa~ ~
keJly Fret)air, ce
Roger Er'ass
(~uy Gr~e,~:e~' In May of 1~, the A~hr~is Association was award~ a Community Development Block
~o~.~. ~. ,~,~ Grant from the C~y of Bakersfield and the County of Kern, ($150,000 from the City and
~ ..... $150,000 from the County), lor our Adaptive Aquatic Oonter project.
Cormi~ L~U.l~'fiel4
V m,~ni~ Mi[ier
stCvr, r, r.:oroa, At the time the estimat~ cost of the facil~y was $776,000 (County figures base on the
itu z.a ~ Reed
aroh~eot's
Orv~lJe keJ L7 estimate).
Eddy RoyeLon
Sharon Royelon
Howard Si iver The project was adve~is¢ for bid during the month of June. To our surprise and
Eut. hen~ ~n,.~. dismay, the Iow bid ~me in at $1,025,~8.
Elsie Sorensen
Beverly '.q.t~ ye son
Pa t ,'i c i a 1 anne r Our architect is now making revisions to the plans and we will be p¢ing the project out
JaQ8 ~ hOYRtOf~
Kef'e, 7own;o,~ to bid again in hopes the bids will be considerably less.
.[mCAL A9V]SORS AS of June 1st,1~1 the A~hritis Association has been successful in raising $147,854
Brai ~erns~Jn, M.D.
Pediatric Rneurnatc 1ogist in ~sh. In add,ion we have 104,0~ in pl~ges receivable. During the month of June,
~os A~,.:e~e~ we receiv~ an addKional ~,000 in pl~ges and ~sh. ~he prope~y is ~id for in full
Ma rt~n ~i~rry. r'rl.t), and ~,243 in arch~ects' fees have been.~id.)
Rhe~xnatoJo9~ SL
r~ .... fi~,]~
Rodney ~!ue~tonc,, M.D. Arkelian Foundation has inform~ us that we will be receiving a $10,000 grant from
~',eu~a:o~c,,'.~:~ them, ~,000 now and ~,000 when the project is complete,
Los ,Angeles
ADWSORY ~OA~D We are now respec~ully requesting $~,000 from the CKy of Bakersfield and $~,000
~ ~a~ Ayer~. ~,.p. from the County of Kern so that we may move fo~ard on this much ne~ facility for
TICOR T~tle Insurance
the di~bl~ in our commun~y.
Dr. K~]~y B1an~on
K.[. Supt. of Schools ..
Ray Dezember The add~ional, amount request~ should cover the d~erence in estimat~ cost. The
Chairman of the Board Association remains comm~ to provide the ~lance of funds ne~ to complete the
Centre] Pacific Corporation
The Uon] Gary T. Friedman project.
Superior CoucL of Kern O0'dnty
Ann Gutcner, Mgr.
Kern Count~ ~oard of !rude Sincerely,
~' ~'r" Atty.
K1c,m u
Borton. PeLrin1 & Conron
Ch~..?f Executive 9ff~cer
'rhe Bakersfield Californian
E~ECU] ~ YE ~ i R~C~ OR Judy
Combs
J,.~d>, C~mb:~ Exec~ive ~irector
iN MEMOIH~ ¢~/'~mw
Fo,~n~e,' cc: George Gonzales
CITY COUNCIL REFERRAL
MEETING OF: 04/10/91 ,
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM: RECORD~ 7930
Issues of changing audio taping of Council
meetings to video taping meetings. (Brunni)
ACTION TAKEN BY COUNCIL:
MOTIONTO REFER TO BUDGET AND FINANCE COMMITTEE.
APPROVED.
BACKUP MATERIAL ATTACHED: NO
DATE FORWARDED BY CITY CLERK: 04/12/91
STATUS'
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE,
J. DALE HAWLEY
U M CITY MANAGER
July 29, 1991
FROM: CAROL WILLIAMS, CITY CLERK
SUBJECT: CITY COUNCIL MINUTES PREPARATION
On April 10, 1991, Councilmember Brunni referred the "Preparation
of Minutes and Videotaping" to the Budget and Finance Committee.
This report has been prepared to provide some background of the
various factors involved in the method and style of preparing
minutes. Exhibit "A" provides a statistical comparison of the past
six months.
HISTORY/COUNCIL POLICY
The City Council and Central District Development Agency Minutes
are prepared based on the following Municipal Code Sections:
MUNICIPAL CODE SECTION 2.04.120 E - REMARKS OF COUNCILMAN -
WHEN ENTERED IN MINUTES
"Any Councilman may request, through the presiding
officer, the privilege of having a written abstract of
his statement on any subject under consideration by the
Council entered into the minutes."
MUNICIPAL CODE'SECTION 2.04.120 F - REMARKS OF MAYOR -
"The Mayor may express his views on any subject for
consideration by the Council and may file his written
recommendations with the Clerk, or at his request, may
have a written abstract of his statement on any subject
under consideration by the Council entered in the
minutes.
MUNICIPAL CODE SECTION 2.04.130 - MEMBERS MAY FILE PROTESTS
AGAINST COUNCIL ACTION -
"Any member, at his request, shall have the right to have
the response for his dissent from, or protest against,
any action of the Council entered on the minutes."
Dale Hawley, City Manager
July 29, 1991
Page Two
Current Council Policy dictates the City Clerk shall tape record
the Council and C.D.D.A. Meetings.
On September 27, 1954, Council set policy that
proceedings of Council meetings be tape recorded and the
tapes preserved for a period of six months.
Government Code Section: 34090 et seq., governs the
retention of all city records. With that.as a basis,
Council and C.D.D.A.'s ."Typed" Minutes are kept
permanently.
Attorney General Opinion 80-1006 (4-17-81): Tape
recordings may be destroyed at any time if the purpose
for which it was made and retained was solely to
facilitate the preparation of the minutes of the meeting.
(Note: The City Council has the option of keeping audio
tapes longer if the purpose is for the permanent record.)
OPTIONS
Based on the Municipal Code and state law regarding record
retention, the Council has a number of possible options.
WRITTEN MEDIUM
1. Abstract of All Statements and Discussions:
This is the current style of minutes prepared by the City
Clerk and requires the Clerk to take notes during the
meeting or listen to the tape, to prepare an abstract of
the statements. The abstracts are limited to "For the
Record", "Clarification of Votes" by Councilmembers and
"Public Statements" made by the public including
hearings.
2. Action Only:
This style requires the least amount of preparation time.
The Secretary records the action in a format similar to
the Agenda using the Clerk's work sheets of the meeting.
This only requires listening to the tape for
clarification.
Dale Hawley, City Manager
July 29, 1991
Page Three
ELECTRONIC MEDIUM
1. Audio Taping:
If Council chose an "Action OnlY" style .of minute
preparation, the tapes may be kept as a permanent
record.
2. Video Taping:
The Bakersfield Police Training Division provided some
basics 'on video taping City Council Meetings (Exhibit
"B"). If Council wishes to pursue this idea, I suggest
bringing in experts to provide estimates for specific
equipment and cost.
· VERBATIM TRANSCRIPT
Transcripts are not minutes. Transcripts require longer
to prepare depending on the length of discussion and
would include all discussion and words spoken during the
meeting.
SERVICE PROVIDERS
City Clerk:
The Secretary is assigned to Council and C.D.D.A. Minute
preparation. In addition, she provides secretarial
services to Councilmembers, C.D.D.A. Members, City Clerk;
she prepares all personnel paperwork, mail, subpoenas and
requests for public records. Therefore, the Secretary
handles other responsibilities during minutes
preparation. Exhibit "A" reflects the Clerk's
preparation time for minutes as an average of 21.65
hours.
Dale Hawley, City Manager
July 29, 1991
Page Four
Outside Secretarial Services:
The Clerk's Office has used one of the Services (Typing
Express) listed in Exhibit "C" and received excellent
service. The costs of the various services are
comparable. The advantage of an outside service is the
priority our minutes would have, and they would not be
interrupted with other responsibilities. The
disadvantage would be any lag time while becoming
familiar with format and outright costs (see Exhibit
"D").
Professional Image has no experience in minutes
preparation. The costs quoted may be lowered once they
become more experienced.
It should be noted that the Secretarial Services
contacted are small businesses and, even though we have
had excellent service in the past, there is always the
possibility of something happening that would prevent the
minutes from being prepared timely. I would anticipate
this and have a backup plan, using Clerk's staff or an
alternate service.
Utilizing an Outside Secretarial Service will not
eliminate all minute-related work in the Clerk's Office.
It requires careful coordination and communication to
ensure timely, accurate preparation of the minutes.
Court Reportinq Services:
The Court Reporting Services interviewed indicated they'
would only be interested in providing transcripts. (They
will not compose and prepare minutes.) The Court
Reporter can be present at the meeting (A $200.00 Per
Diem Fee is required to have a Court Reporter Present.)
or listen to the audio tape of the Council Meeting and
type it into the stenograph machine. The tape is then
placed in the computer and printed in.transcript format
(see Exhibit "C").
Dale Hawley, City Manager
July 29, 1991
Page Five
CONCLUSION:
Preparation of Minutes and preserving the permanent record for the
City of Bakersfield is one of the Clerk's most important duties.
It is my desire and goal to provide the City Council with the most
efficient level of service possible. The minutes of Council
Meetings serve a number of needs, and I realize that the present
Council's needs may vary greatly with previous Councils.
The City Clerk can provide minutes in any format the Council
wishes, either with Clerk's staff or with an outside secretarial
service. To change the format or style of minutes would require
adopting an ordinance and budgeting the necessary funds.
The Council may wish to have a trial period of six months to try
out the various styles of minutes to see which serves their needs
the best.
RECOMMENDATION:
1. If Council wishes to have the minutes
available on the following Agenda, I suggest
changing to an."Action" style and keep audio
tapes permanently as an additional City
Record. This level of service can be provided
by Clerk's staff. It would be necessary to
adopt an Ordinance amending Section
2.04.120.E. and F., and 2.04.130.
2. If Council wishes to keep the present
"Abstract" style of minutes, and receive them
in time to return to Council on the following
Agenda, I recommend using the Secretarial
Services. This change would require
appropriating $4,000 to pay the Outside
Secretarial Service.
Dale Hawley, City Manager
July 29, 1991
Page Six
3. If Council wishes to change the format of the
minutes to a "Complete Abstract" style, with
all discussion included, it will be necessary
to amend the current Ordinance and budget the
necessary funds ($4,000).
CW/ndw
a:llminute
Attachments
cc: Honorable Mayor and City Councilmembers
Lawrence Lunardini, City Attorney
John Stinson, Assistant to the City Manager
EXHIBIT "A"
SIX-MONTH COMPARISON
OF
COUNCIL MINUTES PREPARATION
MEETING APPROVAL TIME MEETING NUMBER CLERK
DATE DATE LAPSE LENGTH OF PAGES PREPARATION
Ov~cs) (HOURS) TIME
1-30-91 2-27-91 4 5.25 25 17.50
2~-13-91 3-13-91 4 3.00 19 15.00
2-27-91 4-10-91 6* 9.75 20 16.00
3-13-91 4-10-91 4 3.50 18 19.00
3-27-91 4-10-91 2 5.75 28 25.50
4-10-91 4-24-91 2 6.00 21 25.00'
4-24-91 5-22-91 4 8.00 28 42.25
5-08-91 5-22-91 2 6.00 14 15.25
5-22-91 6-19-91 4 6.00 21 25.50
6-04-91 7-17-91 6 3.75 11 17:75
6-05-91 7-17-91 6 3.25 ' 18 16.00
6-19-91 7-17-91 4 5.50 33 25.00
TOTAL 12 65.75 256 259.75
AVERAGE 4 WEEKS 5.48 HRS. 21.33 21.65 HRS.
NOTE: PREPARATION TIME VARIES WITH THE CONTENT OF THE MEETING (1 HR. OF HEARINGS
REQUIRES LONGER THAN I HR. OF STRAIGHT BUSINESS). CLERK'S STAFF WORKS ON
MINUTES AS A HIGH PRIORITY, BUT DOES HA VE INTERRUPTIONS AND OTHER WORK
RESPONSIBILITIES.
· 2-27-91 MINUTES WERE DEFERRED FROM 3-27-91 MEETING TO 4-10-91 MTG.
E X H I B ! T "B"
MEMORANDUM
April 19~ 1994
TO CAROL WILLIAMS, CITY CLERK
FROM LIEUTENANT JOE MOESTA~. CHIEF'S ADMINI~AmTVR.
SUBJECT VIDEO TAPING CITY COUNCIL MEETINGS -~
.-.I::: ~.
must Be taken into cons].derat'ion when plan-..~,
Several
factors
ing to video tape council meetings. This memorandum will
address just a few of those considerations.
The quality of the finished product will depend greatly upon
the type of video equipment used and the skill of the person
using it. If minimum quality is desirable, one video camera
with a wide angle lens able to record in low light, mounted
on a tripod would probably be sufficient. It would require a
camera with an extended recording feature in it or taping the
entire meeting may take two or three tapes per meeting.
If the equipment is located in the back of the council
chambers, the council members and city staff can be recorded.
The quality of the recording, because of distance, will not be
good. A camera with the above features will cost in the
neighborhood of $2500. A good tripod costs around $100-$200
and tapes can be purchased in bulk for about $3.50 each.
~~, however, the desire is to have television quality record-
ings where individual council members, city staff persons,
and citizens are featured as they speak; if top quality sound
is desirable, and close-up shots of the vote board are desired,
it would be necessary to have 2-4 cameras with operators.
There will be a need for editing equipment to put the events
from each camera all on one tape. It should be kept in .mind that
editing is very time consuming and requires training and practice
to do it properly. Depending upon how the sound system is wired
presently in the chambers, it may require additional wiring for
sound. The cost for. top quality video recording will depend
on the equipment purchased and the training of those who will
use it.
EXHIBIT "C"
MINUTES - TRANSCRIPT PREPARATION
COMPANY MINUTE PREPARATION TRANSCRIPT PREPARATION
NAME
SECRETARIAL COST PER CORRECTIONS EST. TIME COST PER TIME FOR PRIORITY SERVCE
FEE/PER DIEM PAGE PER PAGE FOR PREP. · PAGE PREPARATION FOR TRANSCRIPTS
CITY CLERK ...... $12.00 24 HOURS
TYPING EXPRESS $30.00 $5.50 $1.00 32 HOURS $6.50 7 DAYS
PROFESSIONAL SEE * $8.00 48 HOURS $7.00 7 DAYS
IMAGE
TIM SCOTT $5.75 3-4 DAYS 24 HRS. 100%
48 HRS. 75 %
ARMSTRONG $200.00 ...... $5.80 7 DAYS 24 HRS. 100%
WOOD & RANDALL
STONER & $200.00 $5.50 7 DAYS 24 HRS. 100%
SCHLENKER 48 HRS. 75 %
PAM CARDONA $200.00 ...... $5.00 3-5 DAYS 24 HRS. 100%
NOTES: TYPINO EXPRESS HAS EXPERIENCE PREPARING MINUTES WITH CLERK'S OFFICE.
- PROFESSIONAL IMAGE HAS NO EXPERIENCE IN MINUTE PREPARATION
· REFLECTS FEE OF $15.50 @ 10.52 HOURS IA VERAGE PREP. TIME 21.65/2]
EXHIBIT "D"
SIX-MONTH COMPARISON
OF "AVERAGE" MEETING PREPARATION COSTS
AVERAGE COST PER MEETING
MEETING MEETING NUMBER CITY TYPING PROFESSIONAL
DATE LENGTH OF PAGES CLERK EXPRESS IMAGE
1-30-91 5.25 25 232.60 172.50 200.00
2-13-91 3.00 19 163.23 139.50 152.00
2-27-91 9.75 20 174.11 145.00 160.00
3-13-91 3.50 18 206.76 134.00 144.00
3-27-91 5.75 28 331.90 189.00 224.00
4-10-91 6.00 21 306.06 150.00 168.00
4-24-91 8.00 28 546.82 189.00 224.00
5-08-91 6.00 14 174.11 112.00 112.00
5-22-91 6.00 ' 21 277.49 150.00 168.00
6-04-91 3.75 11 193.16 95.50 88.00
6-05-91 3.25 18 174.11 134.00 144.00
6-19-91 5.50 33 272.05 216.50 264.00
TOTAL 12 65.75 HRS 256 $3,052.40 $1,827.00 $2,048.00
AVERAGE 5.48 HRS 21.33 $ 254.36* $ 152.25'* $ 338.46***
* CLERK'S COSTS INCLUDES HOURLY WAGE & OVERTIME
** INCLUDES $5.50 PER PAGE; $30 pER MTG. SEC. FEE & $5 AVERAGE CORRECT
ION FEE.
*** INCLUDES $8 pER PAGE & $167.79 AVERAGE SECRETARIAL FEE PER MTG.
($i5.50 * 10.52 HOURS [AVERAGE PREP. TIME 21.65/2])
CITY COUNCIL REFERRAL
MEETING OF' 07/17/91
REFERRED TO' BUDGET & FINANCE J W STINSON
ITEM: RECORD¢ 8475
One-half cent sales tax - Roads. (McDermott)
ACTION TAKEN BY COUNCIL:
MOTION THAT THE ISSUE OF ALLOCATION OF COST OF
ELECTION FOR ONE HALF CENT SALES TAX MEASURE TO
BE REFERRED TO THE BUDGET AND FINANCE COMMITTEE
WITH REPORT BACK. APPROVED.
BACKUP MATERIAL ATTACHED: NO
DATE FORWARDED BY CITY CLERK' 07/19/91
STATUS-
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
CITY COUNCIL REFERRAL
MEETING OF: 07/17/91
REFERRED TO' BUDGET & FINANCE J W STINSON
ITEM' RECORD¢ 8410
Communication from Bob J. Jackson, Bojak;
Development, Inc. P.O. Box 9355 dated June 19,
!991, requesting funding of approximately .;
$100',000 in fees to facilitate the proposed ;
Hosking Road Sewer Assessment District. ~
ACTION TAKEN BY COUNCIL:
RECEIVE AND REFER TO BUDGET AND FINANCE
COMMITTEE. APPROVED. AB- PS.
BACKUP MATERIAL ATTACHED- YES
DATE FORWARDED BY CITY CLERK- 07/19/91
STATUS-
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
June 19, 1991 ~)
Mr E. W~ $chulz, Director ~ ~
Department of Public Works -.~
City of Bakersfield ~
1501 Truxtun Avenue
Bakersfield, .CA 93301
Dear Ed:
The purpose of this letter is to'request of the City of Bakersfield
the'funding of the approximately $100,000. in fees to facilitate
the proposed Hosking Road Sewer Assessment District. I understand
the above fees would be used to pay for the appraisal, the
assessment engineer, the bond counsel and the design engineering
firm. It is also my understanding that in the event the project
does not go to bond sale and formation of an ~assessment district is
· ~ not completed the City may opt to recover the up-front fees
from land owners within the proposed district. The reason for
requesting the City furnish the up-front fees is.due to the fact
there was not one major developer or landowner to start this
project as in most other assessment areas, rather there are many
ten, twenty and forty acre landowners which total approximately
seventy in number in the total acreage of 1925 acres, for an
average ownership of 'twenty-eight acres.
In mid August, 1990 I had .discussions with members of the engineering
staff concerning 'development plans for property owned by BoJak
Development, Inc. in the vicinity of Sou~h H Street and Hosking Road.
The. Property now referred to as Tentative Tract 5001 on the northeast
corner of South H Street a~d Hosking Road. In these di~scussio~s
staff members suggested to me and Mr. Carl Moreland of Telstar
Engineering, that rather than see a forced main installed and the
sewer line run north on H Street to Panama Lane from the Hosking
Road intersection they would prefer an A~sessment District be formed
and have a Sewer trunk line starting at'Union Avenue and Hosking
Road and run west along Hosking Road three miles to Stine Road. We
were then shown a map of the area bY Mr. Ted Wright of your staff.
Said map showed various parcels and some ownership names. Ted
mentioned in our conversation that the City of Bakersfield staff had
previously attempted to gain the required signatures fOr the formation
of a Sewer Assessment District~ but due to a limited amount of time
tO/contribute to this project the staff had made very little headway.
POST OFFICE BOX 9355 * BAKERSFIELD, CALIFORNIA 93389 * TELEPHONE (805) 325-5545
Mr. E. W. Schulz, Director June 19, 1991 Page 2
I suggested to Ted and Lauren Dimberg that the staff of BoJak
Development, Inc. contribute .our time and resources to go through
the necessary steps to gain 60% of'the signatures required to.
implement the project.
As we undertook the project we ~discovered that it was a major .task
to get the majoritY of indePendent-thinking farmers, homeowners,
land investors and developers to agree. Eventually our efforts
and perseverance paid off and the majority of signatures needed
was acquired.
In addition to the staff time and expenses mentioned above, BoJak
Development, Inc., along with J. L. Gray Development contributed
a total of $10,000. toward engineering fees for the formation
of the drainage district for the area east of H Street, north and
south of Hosking Road.
In closing, it is my belief that the formation of this district will
be a tremendous benefit to the City of Bakersfield and its
citizenry both now and for-many years to come. The opening of
this area for subdivision will provide tax dollars, building permit
fees, school district feeS, millions of dollars in job opportunities
to construction workers, finance, title company, real estate fees
and insurance premiums spread throughout the ~economic base of our
community. And of course the greatest beneficiary will be the
opportunity for home ownership for many first and second time
home buying families.
Your consideration and Cooperation will be greatly appreciated.
Very trUly yours,
BJJ/w
CITY COUNCIL REFERRAL
MEETING OF: 07/17/91
REFERRED TO' BUDGET & FINANCE J W STINSON
ITEM: RECORD¢ 8467
.Construction of Jewetta Trunk Sewer (Assessment
-District No. 90-1),
ACTION TAKEN BY COUNCIL'
MOTION TO REFER BID TO BUDGET AND FINANCE
COMMITTEE. APPROVED.
BACKUP MATERIAL ATTACHED' '~r~S
DATE FORWARDED BY CITY CLERK' 07/19/91
STATUS'
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
'::.' ,,.
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"'.CONTRACTIDSNTIFICATION .~ ~ ~ ~,-~,-~'~ . .
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STRE~ ENGINEER'S DAILY REPORT ~.. :-:...
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CITY .OF' BAKERSFIE~.D
PROJECT NO /.37~ REPORT NO ~g ~ / ~ ~ ~' ' ' '
::SUB-CONTRACTORS ON SITE: , WEATHER ": ..... ,'. '
RINTENDENT o~ FOREMAN ~ .SITE.~
'PR~ECT PHASES ' WORK ACCOMPLISHED
May 29, 1991
~':~'~ , .:Mr..Abel' Me~loz~' Depugt 1.~or Commi.~.on~' ~"
..~.:~ .....-D~S.E.; :B~au of~i~ld.~orce~nt
'.:.::/':..; ~ ~:. . ~_. ". '.. · :5555 '.~o~a Avenue .
.:::. -::':'~. :'.. ,,-. :S~t, ::2ffi
S~'.RO~ /'Mc~~ON RO~,.~SPE~OR SB~R · : ."::.'
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~ :' :'.?.'?: ' 'I.U.O~., ~ No. 12 ~d
.:.;..),;... ~n~ Vi~ ~esident
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:::':':'~"~::;_-, BY: '
':::::::':~?':::':" ~n~.~mp~m~ Representative
"?:.':;/,~:'~' · .I.U.O.E., .~ No. ~
: ~:'."?'~::f':V~. ~.:'. . ' ' . ."-~ ~,-~
· .~ .?-::.:::..~'..' ./.. . .
:" :::' Mr..'Roger· Miller, :Re//on~l Manager
.- ---... .... :State,of:CAlifornia
"":::"."./' .,' jP~: UNDER I~-PORTING OF PREVANJNG WAGES ON PUBLIC "WORKS
· -.:PROJECT, :STINE ROAD/McCUTCHEON :ROAD INTERCEFrOR SEWER,
[Contact:, '~aul Alle~, :I~pe~tor (805) 326-3049].
· .).':':;):-. :-:.' ::..' -.:::me .above 'noted project. 'In comparing :the::logs' and CPRs, 'there appears to'be'a
:::::::::::::::::::::::-' ".- '. '.Please.. accept 'this leJter and ':thc enclosed about as a complaint, and request for
:::::::::::?::::: William. C. Waggoner, Business 'Manager
. Contract': Compliance :Representative
: *~ !n~p~r Sewer
.:',,:'..~nxo,'~..,._ _ ' ":" .:"
1~5 ~~ B~., ~.~4, Box 8~
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ADMINISTRATIVEREPORT
MEETING DATE:
July 31, 1991
AGENDA SECTION:
Reports
AGENDA'ITEM:
8. a.
TO: Hon°rable Mayor and City CounCil APPROVE~
FROM: J. Dale Hawley, City Manager DEPARTMENT HEAD
DATE: July 24, 1991 · CITY ATTORNEY
CITY MANAGER
SUBJECT: Report No~ 12-91 from the Budget and Finance Committee'regarding
Review of Bid by Kenko Inc., for ConStruction of Jewetta Trunk
Sewer (Assessment District No. 90-1).
RECOMMENDATION:
1) Motion to accept report. Group Vote.
from Kenko, Inc., in the amount of $1,724,535.00, and
authorize the Mayor to execute the Contract. Group Vote.'i~:
BACKGROUND:
JL3 iCM1. RPT
CITY OF BAKERSFIELD
BUDGET AND FINANCE COMMITTEE
REPORT NO. 12-91,
July 31, 1991
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
SUBJECT: REVIEW OF BID BY KENKO, INC. FOR THE CONSTRUCTION OF
· JEWETTA TRUNK SEWER (ASSESSMENT DISTRICT NO. 90-1)
The City Council ref. erred the matter of the bid by Kenko Inc. for the
construction of the Jewetta Trunk Sewer to the Budget and Finance Committee for
review. The, Committee met with representatives from. the Center for Contract
Compliance; Operating Engineers, Local No. 12;. and Kenko, Inc. The Committee
reviewed documents presented and comments made regarding the Kenko Bid with
staff. Based upon this review and the previous experience of staff with this
contractor..'.he Committee believes that Kenko Inc., as IOw bidder, should be
awarded .+.he bid. However, the Committee would like to make sure concerns
expressed ~egarding issues of safety, payroll records, and quality of work be
monitored ciosely by staff during the construction period and specifically reviewed
with Keni<o ~n the pre-job conference.
The Committee recognizes the importance the City 'Council places on
compliance with all federal, state, local and contract requirements pertaining to
"pUblic Works" contracts. Therefore, the Committee recommends that Public Works
and other departmental staff notify the appropriate agency and follow-up instances
of contractor non-compliance. Staff should evaluate instances of known non-
compliance when determining a responsible bidder.
BUDGET AND FINANCE COMMITTEE
REPORT NO. 12-91
'July 31, 1991
Page -2-
Therefore, the Committee recommends that the Council accept the Iow bid
from Kenko. Inc. in the amount of $1,724,535.00, and authorize the Mayor to
execute the contract.
Respectfully submitted,
Councilmember,Kevin McDermott, Chair
Councilmember Patricia J. DeMond
Councilmember Ken Peterson
.alb
Meeting Date:
July 17, 199i
· Agenda Section:
Action on Bids
Agenda Item:
9. e.
Approved:
TO: ~onorable MaYor and Members of the City Council
FROM: Gregory J.· Klimko, Finance Director Department Head
DATE: ',iulv 5, 1991' · ~ City'Mana~'er'
SUBJECT: Construction Of Jewetta Trunk sewer (Assessment Di
.RECOMMENDATION:
Motion .to acceot the low bid from Kenko, Inc. in the amount of
$1,724~535.00, and'authorize the Mayor'to execUte the contract. Group
Vote.
BACKGROUND:
Thi's oro,iect Will be funded by the sale of Assess~ent District No. 90-1
Bonds· Five bids were received on April'25, 1991, as follows:
Kenko, Inc~
1025 Calimesa Blvd.
Calimesa, CA 92320 , ' in the amount of $1,724,535.00
Western Utility·Contractors, Inc.
800'So. Main
Pleasant Grove, UT 84062 in the amount of S2,014,750.00
Griffith Compan.v
1898 So. Union Avenue
Bakersfield, CA 193307. in the amount of S2,428,722.20
Union Engineering Co., Inc.
3658 North Ventura Avenue
Ventura, CA 9.3001 in the amount of S2,'276,007.7~
A':J. Di'ani Construction, Inc.
295 No. Blosse~
Santa Maria, CA ·93454 in the amount of S2,869,590.00
070591'
'- DS/mro
A AOB.3
CITY COUNCIL REFERRAL
MEETING OF' 06/05/91
REFERRED TO' BUDGET & FINANCE J W STZNSON
ITEM- RECORD~ 8261
'SoViet American Police ExChange Program.'~
(Brunn1)
ACTION TAKEN BY COUNCIL'
MOTION TO REFER TO BUDGET AND FINANCE COMMITTEE,
SOVIET AMERICAN POLICE EXCHANGE PROGRAM FOR
pOTENTIAL CONTRIBUTION TO COMMUNITY. APPROVED,'
BACKUP MATERIAL ATTACHED' NO
DATE FORWARDED BY CITY CLERK' 06/06/91
STATUS'
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
CITY COUNCIL REFERRAL
MEETING OF' 06/05/91
REFERRED TO' BUDGET & FINANCE J W STINSON
ITEM: RECORD~ 8260
project Clean Air. (Brunn1)
ACTION TAKEN BY COUNCIL:
MOTION TO REFER TO BUDGET AND FINANCE COMMITTEE
THE REQUEST RECEIVED FROM PROJECT CLEAN AIR FOR
FINANCIAL SUPPQRT. APPROVED.
BACKUP MATERIAL ATTACHED" NO
DATE FORWARDED BY CITY CLERK: 06/06/91
STATUS-
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE,
'CLEAN Mr. a. Da,e Haw,ay
Bakersfield, CA 93301
OFFICERS Dear Mr. Hawley:
Gg~E LUNDQU~ST
~, e.u~ Project Clean Air has become a ve~ effective broad based coalition of
w=c,~ community groups working together to help solve Kern County'.s air quality
s~~.~ problems. Over the past eighteen months PCA has su~eyed Kern County
residents to determine their understanding of the air pollution problem and their
TASK FORCE CHAIRS
:~ ~. c~s commitment, to doing their share to clean up the air. In addition, our task force
Pu~m ~ members have been ve~ active in the development the Kern County Attainment
JOE ~ Plan. It has he.me a ~sitive example of how indust~ and public agencies have
JNNOYAT~E~ TECHN~OGY
uo~ O'G~, been able to work ~operatively on a ~mmon goal. Most impo~antly[..we have
T~c.~c~ A~c~ launched a mass~e public .education program that has been su~essful in reaching
~OYD ~ffH
sr~r~a~Souac~s all segments of our population. Many examples of these three .su~essful
Jo~ s,~m.o programs are included in this packet.
G~E T~T
7~m~o~us~ Funding for Project Clean Air is scheduled to end June 30, 1991, however it
POLICYCOMM~EE WaS the unanimous decision on the pa~ of the Policy Commi~ee that a r~uest
G~OA ~s~ made to the City of Bakersfield~ounty to fund PCA for another year.
~ ~'~ ProjeCt Clean Air requests ~0~he City of Bakersfield to maintain
Hto, R~D-D~
~. D~ the PCA office and make it porto plan for proje~s designed to improve air
c~ D.~s quali~ (a ~py of the pro~sed budget is enclosed).
RO~T ~E~
Jo~ C. G~
D~E H~=~ It iS the intent of the Policy Committee to ~ntinue the present format of PCA
D~E LIESCH
j~ ~c~m with a more specific focus on clearly identified projects that will result in the
~ P*~m" immediate reduction of emission into the air (i.e. reduction of ag burning, old ~r
Rc~o
Hm~ auo~' buy back, and efficient trucking practices).
S~ '~OFI~D
~ m.~ Your pa~icipation in our projeCt would be most appreciated and will make it
Roy w~o. possible for us ;' To See the Mountains'L If you have questions, please feel
PR~E~ MANAGEME~ free to contact our Staff members at 321,9267.
~. M~m Sincerely, ~ ~ . ~
J~E S~
~¢m L~ A~IAT~N
Gene n ui,t
IN COOPERATION W~H
KmN ~ Chairman
BO~D OF
RE~U~ M~~T AG~CY
A~ Po~ C~ D~T
MEETING OF: 06/04/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM: RECORD¢ 8232
Protest hearing by property owners on the amount
of assessments or the fairness of the benefit
formula for maintaining certain local
improvements, to be borne by all parcels of
property within Maintenance District No. 26 which
pays for maintenance of street landscaping along
Oswell Street.
ACTION TAKEN BY COUNCIL:
(A) BRUNNI ASKED THAT THE PEOPLE IN WARD 4 BE
PROVIDED BUDGET MATERIAL. (B) MCDERMOTT,
REQUESTED STAFF (COMMUNITY SERVICES) TO GO BACK
AND CONFIRM THESE ASSESSMENTS AND REFER TO BUDGE
AND FINANCE COMMITTEE?
BACKUP MATERIAL ATTACHED: YES
DATE FORWARDED BY CITY CLERK: 06/11/91
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
MEETING OF: 06/05/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM: RECORD~ 8261
'Soviet'American Police Exchange Program..
(Brunn1)
ACTION TAKEN BY COUNCIL:
MOTION TO REFER TO BUDGET AND FINANCE COMMITTEE
SOVIET AMERICAN POLICE EXCHANGE PROGRAM FOR
POTENTIAL CONTRIBUTION TO COMMUNITY, APPROVED,'
BACKUP MATERIAL ATTACHED: NO
DATE FORWARDED BY CITY CLERK: 06/06/91
MEETING OF: 06/05/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM'. RECORD¢ 8260
Project Clean Air, (Brunni)
ACTION TAKEN BY COUNCIL::
MOTION TO REFER TO BUDGET AND FINANCE COMMITTEE.'
THE REQUEST RECEIVED FROM PROJECT CLEAN AIR FOR
FINANCIAL SUPPORT, APPROVED,
BACKUP MATERIAL ATTACHED: NO
DATE FORWARDED BY CITY CLERK: 06/06/91
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE,
CITY COUNCIL REFERRAL
MEETING OF: 06/04/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM: RECORD¢ 8216
Protest hearing by property owners on the amount
of assessments or the fairness of the benefit
formula for maintaining certain local
improvements, to be borne by all parcels of
property within Maintenance District No. 10 which
pays for .maintenance of street landscaping along
Hughes Lane and Pacheco Road.
ACTION TAKEN BY COUNCIL:
'(A) BRUNNI ASKED THAT THE PEOPLE IN WARD 4 BE
PROVIDED BUDGET MATERIAL. (B) MCDERMOTT
'REQUESTED STAFE TO GO BACK AND CONFIRM THESE
'ASSESSMENTS; REFER TO BUDGET AND FINANCE
COMMITTEE.
BACKUP MATERIAL ATTACHED: YES
DATE FORWARDED BY CITY CLERK: 06/06/91
STATUS: please enter the status into the prime computer
council referral tracking system as progress is
made.
'RESOLUTION NO.
A RESOLUTION APPROVING AND ADOPTING THE 1991=
92 BUDGET, LEVYING ASSESSMENTS, RESERVING THE
RIGHT TO PERFORM MAINTENANCE WORK BY CITY
FORCES AND AUTHORIZING COLLECTION OF
ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR
FOR MAINTENANCE DISTRICT NOS. i THROUGH 6 AND
NOS. 8 THROUGH 26.
W~EREAS, the Report of the Public Works Director,
including the 1991-92' budget for Maintenance District Nos. 1
through 6 and Nos. 8 through 26 complying with the provisions of
Section 13.04.130 of the Bakersfield ~Municipal Code, having
heretofore been'filed with the City Clerk as required by Section
13.04.130 of that Code, and the requirements of Section 13.04.140
and 13.04.160 having been met, the City Council has this date held
a noticed public hearing as required by Sections 13.04.210 and
13.04.220 of the Bakersfield Municipal Code; and
WHEREAS,- the City Council has considered the Report of
the Public Works Director, including the aforementioned budget, and
has considered and heard any and all protests which may have been
filed against the amounts of the assessments or to the fairness of
the benefit formula or formulae.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Bakersfield as follows:
1. The above recitals are found to be true and correct.
2. The Report of the Public Works Director, attached
hereto, including the 1991-92 budget for Maintenance District Nos.
1 through 6 and Nos. 8 through 26 and the assessments therein
contained, is hereby approved, such budget is hereby adopted and
such assessments are hereby levied.
3. The reservation of the right to perform maintenance
work bY City forces is hereby made.
4. The City Clerk shall transmit theassessments levied
herein to the Director of Finance with instructions to submit said
list to the Kern County Auditor-Controller and Tax Collector, and
such other County officers as may be required, for placement of
such assessments on the secured roll of the County and request that
said assessments be collected in the same manner as ad valorem
property taxes.
O00
I HEREBY 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 of the
Council of the City of Bakersfield
APPROVED
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
LML/meg
BUD-MD.RES
5/8/91
CITY COUNCIL REFERRAL
MEETING OF- O5/22/91
REFERRED TO- BUDGET & FINANCE J W STINSON
REFERRED TO- PERSONNEL COMMITTEE J STZNSON
ITEM: RECORD~ 8153
Oral Report from City Manager presenting to
Council the Fiscal Year 1991-92 Operating,
Capital Improvements and Central District
Development Agency Budgets.
ACTION TAKEN BY COUNCIL:
(A) MOTION TO REFER TO BUDGET AND FINANCE
COMMITTEE. APPROVED. (B) MOTION TO REFER
PROPOSED NEW CLASSIFICATION TO THE PERSONNEL
COMMITTEE. APPROVED.
BACKUP MATERIAL ATTACHED- NO
DATE FORWARDED BY CITY CLERK- 05/23/91
CITY COUNCIL REFERRAL
MEETING OF' 05/22/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM- RECORD~ 8135
Communication Crom Terry L. Moreland, Chairman,..,
International Medical and Missionary Foundation,
dated May 13, 1,991, requesting tax exempt bond
financing for' the Veteran's Hospital,.
ACTION TAKEN BY COUNCIL:
RECEIVE AND REFER TO BUDGET AND FINANCE
COMMITTEE. APPROVED AA.
BACKUP MATERIAL ATTACHED- YES
DATE FORWARDED BY CITY CLERK' 05/25/91
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS. PROGRESS IS MADE.
May 13, 1991
Dale Hawley, City Manager
Greg Klimco, City Finance Director
City of Bakersfield ~ "
1501 Truxtun Avenue
Bakersfield, CA 93301
RE: Tax Exemp) Bo'nd financing for the Veteran's Hospital
Gentlemen:
As you know we are in the process of developing the plans for the long anticipated
Veteran's Hospital'Clinic. The building will be owned by the International Medical
and Missionary Foundation, a tax exempt 501c3 organization. Federal I.D. #77-
182916, State of California I.D. # 1419940.
We are requesting tax exempt bond financing in the amount of $3,000,000.00~from the
the City of Bakersfield. Thank you for your consideration of the financing for this
much' needed facility in our community.
Sincerely,
INTEP~NATIONAL MEDIC~L MD MISSIONARY FOUNDATION
Terry L. Moreland
Chairman
bm
· JULY _9, ".]991'~.?____ .~/~:"..:'~ '~....~..::2 :-~.~::.~:~:.~-.:~:~.-."~'..-?.,..~".;v ~,c-< .... _-- : '
: ' PAGE .TWO ~i:~" ~'~: :~ '~ :'" ~ ' ...... ~'~"" ....... ' ' ' · ' '
been issued under the Municipal ·Code as folloWs: ~
.Chapter 2.50 '"~'Industrial DeVelOpment Authority
· -'~ Chapter 3..44- Financing of the Rehabilitation
, · of Historical Properties
'.Chapter. '3.50 . 'Economic Development. Revenue Bond
' ~ .ii::'i..i.'i;'i:,~' ~Chapter 3.60 Health Facilities Financing Low
..... . ·..,-It,apPears the VA Clinic 'C°Uld be 'financed Under 'Chapter 3.601
'. :./:,. ::h0wever~ .:the...City Ce. nterlbuilding project does not appear to
-.-'"..-.:~.fall '.': within ~:~.the ~'' guidelines ' of Chapter'~"} 2.50 (Business
· , ~..~:Development and..-Parki, ng Cormittee Report ~o. 3-82, ,attached)
,but may fall within the guidelines specified in Municipal Code
3.5'0.20. The next Step would be to request, a !~ritten calendar
of events 'identifying ail. 'the players involved in .the
financing, acquisition, sale and lease back for eaCh project.
Your input regarding the parameters included in Municipal Code
3.50'.20 would be helpful prior to proceeding any further with
Mr. Moreland.
krc
M.GJK
Attac~hment
EXHIBIT
ISSUED AMOUNT DEVELOPMENT BONDS TITLEAND PURPOSE
11-19-81 $ 3,000,000 Historical Rehabilitation Floating Rate
Revenue Bonds (Bell Tower Project),
1981 Series A With Final Maturity
November 1, 2011. Issued to finance
the rehabilitation of Old Church Plaza
to include a parking deck. (Municipal
Code 3.44)
02-01-83 $ 1,600,000 Adjustable Rate Industrial Development
Revenue Bonds (LOR, Inc. Project),
Series 1983 With Final Maturity
February 1, 2013. Issued to finance
the acquisition and construction of a
manufacturing and repair facility
servicing the oilfield service
industry. (Municipal Code.2.50)
04-01-83 $ 1,400,000 Deposit With Lender Revenue Bonds (Bank
of America National Trust and Savings
Association). Issue of 1983 with final
maturity April 1, 2003 issued to
renovate and remodel The Kress Building
(Kress Building Associates). (Municipal
Code 3.50)
12-01-8.4 $35,000,000 Hospital Revenue Bonds (Greater
06-01-89 $20,000,000 Bakersfield Memorial Hospital), Series
1984 With Final Maturity January 1,
2014 and Hospital Revenue Bonds
(Bakersfield Memorial Hospital), Series
1989 With Final Maturity January 1,
~ 2019 to finance the expansion and
upgrade of hospital facilities.
(Municipal Code 3.60)
12-15-84 $ 4,500,000 Revenue Bonds (California Convalescent
Hospital Project) 1984 Series With
Final Maturity' December 1, 2014.
.Issued to finance the acquisition and
construction and equipping of a rest
home on Mount Vernon (Penstar Group).
(Municipal Code 3..60)
.Page 1 of 2
ISSUED AMOUNT DEVELOPMENT BONDS TITLEAND PURPOSE
12-01-85 $ 2,000,000 Revenue Bonds (Heritage Convalescent
C'enter Project), Series 1985 With Final
Maturity December 1, 2005. Issued to
finance the acquisition and
construction and equipping of a
convalescent hospital facility (Newport
Federal). (Municipal Code 3.60)
07'01-88 $18,500,000 Hospital Revenue Bonds (Adventist
Health System/West), 1988 Series A With
Final Maturity September 1, 2018.
Issued to Finance an ownership interest
in San Joaquin Community Hospital.
(Municipal Code 3.60)
01-01-91 $ 5,997.522 Certificates of Participation
(Bakersfield Assisted Living Center),
1991 Series A, B, and C With Final
Maturity July 1, 2020. Issued to
finance the construction and equipping
of a residential care facility for the
elderly (United Community Housing and
Development). (Municipal code 3.60)
krc
/GJK
· Page 2 of 2
BUSINESS DEVELOPMENT AND
PARKING COMMITTEE
REPORT NO. 3-82
TO: HONORABLE MAYOR AND'CITY COUNCIL MEMBERS
SUBJECT: THE USE OF TAX EXEMPT BONDS AND THE FORMATION OF AN INDUSTRIAL
DEVELOPMENT AUTHORITY FOR THE CITY OF BAKERSFIELD
This Committee has reviewed and discussed the issues and implications sur-
rounding the use of tax exempt financing'for industrial and other types of
develoPment projects within the City of Bakersfield. There are many impli-
cations, benefits, and requirements relating to the use of this financing
mechani~sm.
After much discussion with staff and businessmen regarding the use of and the
value of tax exempt fi.nancing, this Committee has come to the conclusion
that the benefits derived from the use of these resources will have a positive
effect upon the health of the community and upon the general economic welfare
of the city. It is our opinion that if properly used, these mechanisms can
encoura~ge and induce growth in the industrial sector of our community and
will work to create jobs and durable goods for the City of Bakersfield.
As a result of discussions with several small companies seeking assistance
through, the use of tax exempt financing, this Committee has concluded that
it is difficult for small and medium companies to acquire working capital,
in today's market place for expansion or relocation of their facilities, and
it is e'qually difficult for them to compete with large companies in raising
debt four expansion and relocation. We therefore feel the use of this mechanism
is appropriate and should be made available to qualifying companies as an al-
ternati~ve method of'financing under the following conditions':
1. When the issuance of these bonds or notes, will result in the attrac-
tion of new job intensive industry.
2. When the issue o'f the bonds or notes will result in saving existing
jobs through the expansion, upgrading, or modernization of an existing
business or company.
3. When the issuance of these bonds or notes will result in creating a
substantial number of jobs that might be targeted for economically or
educationally disadvantaged groups.
4. When the issuance of these bonds or notes will induce or encourage
or allow a sector of'our community that has not experienced growth,
to be benefited in such a manner.
5. When the issuance of these bonds ~nd notes will result in the reuse
of an existing structure ~hat has either architectural or historical
significance, or represents a significant and important part of any a~ea
that has otherwise not enjoyed the general expansion and growth of
other areas within the community.
As of January 1, 1982, all cities wishing to issue tax exempt bonds or
notes regardless of whether they are a charter or general law city, must
have within the community, an Industrial Development Authority. This
Authority will act as a reviewing agency for proposed tax exempt bonds or
note issues and will then function as a recommending body to'the California
Industrial Development Financing Advisory. Commission.
TheState Commission will act as a reviewing agency for each issue and
will make recommendations as to the appropriateness of a given issue based
on the requirements contained within the California Industrial Development
Financing Act.
It is the recommendation of this Committee that the City Council consider
this report as first reading of the attached ordinance establishing the
City Council as the Industrial Development Authority within the City.
May 13, 1991 ~ .~. ~
CD
Dale Hawley, City Manager _ ~
Greg Klimco, City Finance Director ~ -~ ~ ~q
City~ of BaKersfield ~ "
1501 True,un Avenue ~- cn
Bakersfield, CA 93301 ~
'RE: Tax EXempt Bond financing for the Veteran's Hospital
Gentlemen:
As you Know we are in the process of developing the plans for the long anticipated
Veteran's Hospital Clinic. The building will be owned by the International Medical
and Missionary Foundation~ a tax exempt 501c3 organization. Federal I.D. #77-
182916, State of California I.D. # 1419940.
We are requesting ~ax exempt bond financing in the amount of $3,000,000.00 from the
the City. of Bakersfield. Thank you for your Consideration of the financing for this
much. needed facility in our community.
Sincerely,
INTEP~ATION~ MEDICAL AND MISSIONARY FOUNDATION
Terry L..Moreland
Chairman
bm
Mr. Dale Hawley, City Manager
1501 Truxtun Avenue
Bakersfield, CA 93301
Dear Dale,
As a follow-up to our conversation with.Mr. John Stinson and Mr. Rojas, I would
like to outline the projects we discussed.
1. Veteran's building request has been,submitted to Mr. Stinson for
further review.
2. A proposal on the 23rd and H Street property to bring the E.D.D.
State 'Agency downtown as opposed to the Southwest. Financing would
be through tax exempt bond fin. ancing as a redevelopment project. The
State would option the land during the proposal period for the
approximate 30,000 sq. ft. building. We would like an affirmation that
the City is interested in pursuing this tenant for the downtown. A
copy of the layout for the project is attached.
3. A proposal for the "M" S~reet property for a retail-manufacturi, ng
building for a nationally marketed company presently in Bakersfield.
This project would require non-tax exempt bond financing. Attached is
a plan for this entire block with a building of approximately ~5,000
sq..ft.
4. A proposal for the City Center projec~ that would give the City
$500,000 and tax increments for 20 years as opposed to the County
buying the building.
Dale, if you could get back to me as soon as possible on the willingness
of the City ~to entertain these developments for the downtown, it would be
appreciated.
Sincerely,
Terry L. Moreland -
sm
Arco Tower · 4550 CalifOrnia Ave. · Suite 110 Bakersfield, CA 93309 · 805/322-1081
OFFA..E of THE CITY ATTG'tNEY
ARTHUR J. SAALFIELD
CITY ATTORNEY
'MUNICIPAL LAW: 1501 . TRUXTUN AVENUE LITIGATION:
ALAN DALE DANIEL BAKERSFIELD, CALIFORNIA 93301 DON McGILLIVRA Y
Assistant City Attorney (805) 326-3721 Assistant City Attorney
LOUISE T. CLOSS ROBERT M. SHERFY
Assistant City Attorney Assistant City Attorney
LAURA C. MARINO MEDEL WAN R. GRADY
Deputy City Attorney Assistant City Attorney
ADMINISTRATION: WILLIAM H. SLOCUMB
SHARI D. FOSTER' Deputy City Attorney
Administrative Aide July 21, 1989 INVESTIGATIONS:
ROGER BUCKLES
City Attorney Investigator
Mr·. Terry Moreland
Moreland Corporation
4520 California Avenue
Suite 100
Bakersfield,· CA 93309
RE: ,22nd and Eye Streets Parcel
Dear Mr. Moreland:
This letter will amend and clarify the terms of
Settlement Agreement No. 88-128. You may use ·the option parcel
at 22nd and Eye Streets as collateral to secure a line of credit;
howeve,r, the encumbrances placed against the property shall be
limited, to $500,000. You agree to use the funds so obtained
within the Redevelopment Project Area. In the event the property
is returned to the City for any reason, you will guarantee that
all existing debt will be paid and the property will be returned
to the City clear of all liens or other encumbrances. This in no
way limits your ability to fund improvements to be placed upon the
parcel at 22nd and Eye Streets.
If you improve the parcel at 22nd and Eye Streets, you
· agree that the value of the improvements to be placed thereon
will be no less than twice the appraised value of the parcel.
The non-recourse notes spoken of in the settlement
agreement shall be recorded against the property at 22nd and Eye
Streets by the City and Moreland after construction financing is
obtained.
Letter to Mr. MOreland
July 21, 1989
Page 2
The terms of this letter agreement will apply only to the
property at 22nd and Eye Streets.
The letter of July 13, 1989, signed by City Attorney
Arthur J. Saalfietd, is hereby withdrawn.
Sincerely,
Assistant City Attorney
I hereby agree to the terms'set
forth above.
Ter~ Moreland
Date
ADD/lg/meg
A ADD 4
L.MORE4-5
cc: J. Dale Hawley, City Manager Arthur J. Saalfield, .City Attorney
Jake Wager,. Economic Development Director
CITY COUNCIL REFERRAL
MEETING OF' 05/22/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM: RECORD¢ 8151
Budget and Finance Committee Report 10-91 re
Amendment to Chapter 5.02 of the Bakersfield
Municipal Code re Business License Tax.
ACTION TAKEN BY COUNCIL-
MOTION TO REFER BACK TO BUDGET AND FINANCE
COMMITTEE, APPROVED.
BACKUP MATERIAL ATTACHED- YES
DATE FORWARDED BY CITY CLERK- 05/23/91
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
CITY COUNCIL REFERRAL
MEETING OF' 05/22/91
REFERRED TO' BUDGET & FINANCE J W STINSON
ITEM' RECORD~ 8152
Ordinance amending Chapter 5.02 re Business
License Tax.
ACTION TAKEN BY COUNCIL-
HOTION TO REFER BACK TO BUDGET AND FINANCE
COMMITTEE. APPROVED.
BACKUP MATERIAL ATTACHED- YES
DATE FORWARDED BY CITY CLERK: 05/23/91
STATUS.
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
CZTY COUNCZL REFERRAL
MEETZNG OF: 06/13/90
REFERRED TO' BUDGET & FZNANCE J W STZNSON
ZTEM: 'RECORD¢ 5247
Business license fees relative to annexations.
(Peterson)
ACTZON TAKEN BY COUNCZL:
MOTZON TO REFER TO BUDGET AND FZNANCE COMMZTTEE.
APPROVED.
BACKUP MATERZAL ATTACHED: NO
DATE FORWARDED BY CZTY CLERK: 06/14/90
STATUS:
PLEASE ENTER THE STATUS ZNTO THE PRZME COMPUTER
COUNCZL REFERRAL TRACKZNG SYSTEM AS PROGRESS ZS MADE.
RAN D U M ·
DECEMBER 4, 1990
TO: J. DALE HAWLEY, CITY MANAGER~x~
FROM: GREGORY J. KLIMKO, FINANCE DIRECTOR-M/
SUBJECT: BUSINESS LICENSE ORDINANCE REVISION
Attached is a report from Bill Descary regarding a proposed change to our exist-
ing Business License Ordinance. This report includes two alternatives (A & B)
for your consideration. An attempt was made to provide alternatives which would
result in a revenue neutral ordinance. Staff strongly recommends Alternate "A"
which may result in a 4.5% revenue increase. While Alternate B may result in a
4% revenue decrease.
The Business License Ordinance was passed as a revenue raising measure and
whereas other charter cities raise approximately 6% of there General Fund reve-
nue through business license and the City of Bakersfield raises less than 2% of
its General Fund revenue through business license. I strongly recommend
Alternate "A". Additionally these proposed changes may assist the City in
attracting businesses which generate large gross receipts which are currently
located in other areas or currently in the unincorporated area of the County.
I will be making a presentation at the Budget and Finance Committee meeting of
December 10, 1990 concenning this report.
krc
GJK120490
MEMORANDU M.._ ' .....
DECEMBER 4, 1990
TO: GREGORY J. KLIMKO, FINANCE DIRECTOR
FROM: BILL DESCARY, TREASURER~b~
SUBJECT: BUSINESS LICENSE ORDINANCE REVISION
The data used to develop previous schedules/exhibits has been updated to reflect
current fiscal year license renewal payments and approximately $70,000 in delin-
quent payments which will be collected in subsequent months. Revenue from quar-
terly rates has been annualized and included.
Previous 'memorandums on this subject were 'lengthy in order to explain research
and convey background. Here I am purposely brief and utilize exhibits to pre-
sent background along with current and projected revenue data. The impact of
possible rate changes are grouped under ALTERNATE A and ALTERNATE B.-Staff
recommends Alternate A but Alternate B is presented for consideration.
Current business license tax rates were established in 1969. The tax base for
about 75 per cent of the businesses is gross receipts. As gross receipts have
increased the City's-revenue hasqncreased. -However, many of the-~flat rates
and the $10.00 minimum~.taxi~have_.become]outdated ....... ' . . .~
Bakersfield's $10.00 minimum tax is the lowest of 21 cities surveyed. The
range is $18.75 to $150'.00. During the 21 years the $10.00 minimum tax has
been in effect, the Consumer Price Index (CPI) has increased 268 per cent.
A tax increase based solely upon the CPI increase would result in a minimum
tax of $36.80. Staff is recommending a $20.00 minimum tax or a 100 per cent
increase. It is recommended that flat rates be adjusted as indicated in
Exhibit G.
Analysis of the State Controllers Report for California charter cities indi-
cates business license tax revenues represent about 5.8 per cent of general
fund revenues statewide. Bakersfield is considerably below the State average
at about 1.85 per cent. This suggests that Bakersfield's business license tax
rates need to be increased to keep pace with other cities in the State. Also
rates should be adjusted before Proposition 136 is tested at the polls again.
'If this proposition had passed, business license tax increases would require a
majority vote in order to become law which could be cumbersome and costly.
Staff recommends the following changes to the Business License Tax Ordinance:
1. Implementation of the rate structure under ALTERNATE A (Exhibit A)
- Improves payment equity.-~
- Extremely regressive after $100,000,000 of gross receipts.
Virtually becomes a maximum tax at the rate of .01~ per
$1,000 of grOss receipts.
- Revenue projected to increase $55,000*.
............ GREGORY J. KLIMKO
.... '-- ....... ' DEC-EMBER 4, 1990' -" '--~-~
_..:. ._PAGE TWO .............. - .
*This increased revenue would put Bakersfield more in line with other
charter cities in terms of the percentage of General Fund revenue
generated by business license tax.
2. Increase the minimum tax to $20.~00 from $10.00.
- Improves payment equity.
- Revenue projected to increase at least $30,000.
3. Reduce the number of flat rate categories from 52 to 14.
- Improves payment equity.
- Improves efficiency-of-administration. .....
The following is a list of exhibits by title that support the recommended'
changes:
Exhibit A - GROSS RECEIPT RATES
CURRENT AND PROPOSED "
Exhibit B - BUSINESS LICENSE TAX SCENARIO.''-:-' :.~-. -.'---:'?:~'-:
UNDER CURRENT AND PROPOSED._ALTERNATES~L...~'~.'...~.~i-~.".~.~.L~:.;~.LLL .... '
Exhibit C - BUSINESS LICENSE REVENUEZ'-
TEN LARGEST TAXPAYERS
Exhibit D - EFFECTS OF PROPOSED RATE CHANGES
ON CURRENT TAX REVENUE
Exhibit E - STAFF RECOMMENDATION IMPLEMENTED
TAX CHANGE EXPERIENCED
BY NUMBER OF BUSINESSES
UNDER ALTERNATE A
Exhibit F - TAX CHANGE EXPERIENCED
BY NUMBER OF BUSINESSES
UNDER ALTERNATE B
Exhibit G - (Pages 1 - 4) - CURRENT ANNUAL REVENUE FROM
FLAT RATES COMPARED TO ESTIMATED MINIMUM
REVENUE FROM PROPOSED RATES
Exhibit H - BUSINESS LICENSE REVENUES LAST TEN FISCAL YEARS
GREGORY O. KLIMKO
~--DECEMBER 4, 1990 '
PAGE THREE
In order to make this recommendation, each rate in the ordinance was examined.
The examination was prompted by the premise-that 'theCity's-bus-i-ness qicense
tax impedes_annexation and economic development-.-:~t--is-felt-that the proposed.
rate changes will simplify theordinance by eliminating~somewhat .discretionary~
business classifications for--taxingpurpos'es.'-The--changes will improve over ....
all payment equity without---jeopardi~zing.~evenue'--~rowth-~as'~-a maximum-~'tax~wou]d
do. The changes also accommodate .annexation and economic development_by pro-
viding for modest annual-tax payments by businesses'with,-extraordi-narily:high
gross receipts as shown in Exhibit B. The recommendation is consistent with
the spirit of the ordinance as a revenue raising measure. In this regard the
ordinance has served its purpose over the years as Exhibit H indicates.
krc
BD102590
GROSS RECEIPT RATES .'.
CURRENT AND PROPOSED
· RATES ARE CENTS PER $1,000 OF GROSS RECEIPTS
CURRENT ". PROPOSED
CLASS GROSS RECEIPTS RATE .GROSS RECEIPTS ALTERNATE A ALTERNATE B
A $1 and more .65 $1 and more .65 .65
B $1-600,000 .35 ' $1 - 1,000,000 .30 .30
$600,001 and more .17 $1,000,001-10,000,000 .20 ..15
: ' $10,000,001-100,000,000 .10 .05
~ $100 000,001 and more .01 .01
C $1'600,000 .30 $1 - 1,000,000 .30 .30
$600,001 and more .16 $1,000,001-10,000,000 ~20 '.1.5
' $10,000,001-100,000,000 .10 .05
$100,000,001 and more .01 .01
D $1-600,000 .25 $1 - 1,000,000 .30 .30
$600,001 and more .15 $1,000,001-10,000,000 ~20 .15
$10,000,001-100,000,000 .10 .05
$100,000,001 and more .01 .01
MINIMUM TAX 10.00 MINIMUM TAX 20.00 20.00
EXAMPLES OF TYPES OF BUSINESSES IN EACH CLASS:
A PROFESSIONAL: ACCOUNTANTS, PHYSICIANS, A'I-rORNEYS, CONSULTANTS SUCH AS
GEOLOGISTS AND ENGINEERS
B MANUFACTURING: PRINTERS, DRY CLEANERS, SOFT DRINK BOTrLERS,
ICE CREAM PLANTS AND MACHINE SHOPS
C RETAIL: RESTAURANTS, BOWLING ALLEYS, DEPARTMENT STORES ...
AND SPECIALTY SHOPS
D WHOLESALE: BUSINESSES THAT SELL WHOLESALE INCLUDING
AUTOMOBILE DEALERS
EXHIBIT A
BUSINESS LICENSE TAX SCENARIO
UNDER CURRENT AND PROPOSED ALTERNATES
CLASS DESCRIPTION cuRRENT ALTERNATE A ALTERNATE B
A $ 1,000,000 $ '650 $ 650 · $ 650
Professional @,000,000 5,850 5,850 5,850
90,000,000. '58,500 58,500 58 ,.500
100,000,000 65,000 65,000 65,000
300,000,000 195,000 195,000 195,000
$ 400,000,000 $ 260,000 $ 260,000 $ 260,000
B $ 1,000,000 $ · 278 $ 300 $ 300
ManUfacturing 9,000,000 1,530 1,800 1,350
90,000,000 15,300 9,000 4,500
100,000,000 17,108 11,100 6,150
300,000,000 51,000 3,000 3,000
$ 400,000,000 $ 68,108 $ 14,100 $ 9,150
C $ 1,000,000 $ 244 $ 300 $ 300
Retail 9,000,000 1,440 1,800- 1,350
90,00{),000 14,400 9,000 4,500
100,000,000 16,084 11,100 6,150
300,000,000 48,000 3,000 3,000
$ 400,000,000 $ 64,084 $ 14.100 $ 9,150
D $ 1,000,000 $. 210 $ 300 $ 300
Wholesale 9,000,000 1,350 1,800 1,350
90,000,000 13,500 9;000 4,500
100,000,000 15,060 11,100 6,150
300,000,000 45,000 3,000 3,000
$ 400,000,000 $ 60,060 $ 14.100 $ 9.150
EXHIBIT B
BUSINESS LICENSE REVENUE
TEN LARGEST TAXPAYERS
CURRENT ALTERNATE A ALTERNATE B
TAX TAX DECREASE TAX DECREASE
$ 10,762 $ 8,235 $ (2,527) $ 4,717 $ (6,045)
10,448 8,025 (2,423) 4,613 (5,835)
9,831 6,819 , (3,012) 4,010 (5,821)
8,850 6.960 (1' ,890) 4.080 (4,770)
7,301 5,331 (1,970) 3.266 (4,035)
6.538 5,419 (1,119) 3,309 (3,229)
5,830 4,466 (1,364) 2,833 (2,997)
4,966 4,583 (383) 4,583 (383)
4,869 4.090 (779) 2.645 (2,224)
3,933 3,933 0 3,933 0
TOTAL $ 73,328 $ 57,861 $ (15,467) $' 37.989 $ (35,339) ~'~
EXHIBIT C
EFFECTS OF PROPOSED .RATE CHANGES
ON CURRENT TAX REVENUE
NUMBER OF
CLASS BUSINESSES CURRENT ALTERNATE A ALTERNATE B
A 2,265 $ 377,887 $ 377,887 $ 377,887
B 2,804 150 617 161,851 · 144,095
C 2,759 402,687 456,519 404,653'
D 325 133,766 146,279 113,145
FI~T RATE 2,348 136,105 113,546 * 113,546
TOTAL TAXABLE 10,501 ** $ 1,201,062 $ 1,256,082 $ 1,153,326
* FLAT RATE CHANGED TO GROSS RECEIPTS PER EXHIBIT G. THIS IS THE ESTIMATED MINIMUM TAX REVENUE PER YEAR.
ACTUAL MAY BE MORE BUT GROSS RECEIPTS INFORMATION IS NOT CURRENTLY AVAILABLE..
* * ADDITIONALLY, 352 BUSINESES ARE EXEMPT BY GOVERMENT CODE: BANKS, INSURANCE cOMpANIES AND CHARITABLE ORGANIZATIONS.
EXHIBIT D
STAFF RECOMMENDATION IMPLEMENTED
TAX CHANGE EXPERIENCED
BY NUMBER OF BUSINESSES
UNDER ALTERNATE A
BUSINESSES
TOTAL PAYING MIN. BUSINESSES PAYING NO
CLASS BUSINESSES $20 TAX · ;;~ MORE (LESS) TAX CHANGE
A 2,265 936 ~ 936 0 1,329
B 2,804 2,013 2,023 (602) 179
C 2,759 916 '~" 1,504 (14) 1,241
D 325 75 [ 295 (10) 20
FLAT 2,348 619 ~. 677 (1,502) 169
TOTAL 10,501 4,559 5,435 (2,128) 2,938
RANGE OF INCREASED TAX
BY NUMBER OF BUSINESSES
: !~ TOTAL
CLASS $1-100 $101-200 $201-300 $301-400 $401-500 $501-1,000 OVER $1,000 BUSINESSES
A 936 0 0 i .0 0 0 0 936
B 2,003 11 9 ',0 'i 0 0 0 2,023
C 1,357 95 28 22 2 '1 * 0 1,505
D 214 48 17 9 6 0 0 294
FLAT 677 0 0 0 0 0 0 677
TOTAL 5,187 154 54 31 8 1 0 5,435
· This business would experience an increase of $532.
RANGE OF DECREASED TAX
BY NUMBER OF BUSINESSES
~ : ;! TOTAL
CLASS ~: .$1-100 $101-200 $201-300 $301-400 $401-500 · $501-1,000 OVER $1,000 BUSINESSES.
A 0 0 0 "':0': 0 0 0 0
B 597 I 0 0 0 I 3 602
C 3 2 3 1 2 3 0 14
D I 1 2 1 1 0 4 10
FLAT 1,450 38 9 0 1 4 0 1,502
TOTAL 2,051 42 14 2 4 8 7 2,128
NOTE: No business would experience a tax decrease greater than $3;000.
EXHIBIT E
TAX CHANGE EXPERIENCED
BY NUMBER OF BUSINESSES
UNDER ALTERNATE B
BusINESSES
- TOTAL PAYING MIN. BUSINESSES PAYING NO
CLASS BUSINESSES $20 TAX MORE (LESS) TAX CHANGE
A 2,265 936 936 0 1,329
B 2,804 2,013 1,986 (639) 179 '.
C 2,759 916 1,464 (52) 1,241
D 325 75 288 (17) 20
FLAT 2,348 619 677 (1,502) 169
TOTAL 10,501 4,559 5,35i (2,210) 2,938
· RANGE OF INCREASED TAX
BY NUMBER OF BUSINESSES
'~ TOTAL
CLASS $1-100 $101-200 $201-300 $301-400 $401-500 $501-1,000 OVER $1,000 BUSINESSES
A 936 0 0 , 01: 0 0 0 ' 936
B 1,986 0 0 0;: 0 0 0 1,986
c ~ ,464 0 0 0 0 .0 0 1,464
D 288 0 0 0, 0 0 0 288
FLAT 677 0 0 0! 0 0 0 677
TOTAL 5,351 0 0 0 0 0 0 5,351
RANGE OF DECREASED TAX
By NUMBER OF BUSINESSES
TOTAL
CLASS $1-100 $101-200 $201-300 $301-'400 ' $401-500 $501-1,000 oVER $1,000 BUSINESSES
A 0 0 0 0' 0 0 0 0
B 623 8 1 0 0 3 4 ' 639
C 19 4 5 1 4 9 10 * 52
D 1 2 0 0 1 3 10 * 17
FLAT 1,450 38 9 0 1 4 0 1,502
TOTAL 2,093 52 15 1 6 19 24 2,210
· Largest decrease for a business in each classification: B $5,821 C $2,224 D $6,045
EXHIBIT F ,- ·
CURRENT CURRENT NUMBER PROPOSED ESTIMATED ESTIMATED
FLAT RATE ANNUAL BUSINESSES ANNUAL MINIMUM REVENUE
CLASS DESCRIPTION QUARTER ANNUAL REVENUE MACH.IDEVICES RATE REVENUE GAiN(LOSS)
701 PRODUCING OIL WELLS
1 ST 100 WELLS(EA) 20 4,280 214 20 4,280 0
2ND 100 WELLS(EA) 10
OVER 200 WELLS(EA) 5
702 INDUSTRIAL SERVICING
& OILFIELD REPAIR 20 540 27 G/R 540 0
704 PINBALL MACHINES'&
AMUSEMENT DVICES(EA). 12 9,456 788 20 15,760 6,304
706 AUCTIONEER 60 120 2 G/R 40 (80)
708 BAIL BOND BROKER 100 0 0 G/R 0 0
710 BARBER SHOP(PER CHAIR) 6 510 85
(PER BUSINESS) 35 G/R 700 190
711 BEAUTY SHOP
(PER OPERATOR) 6 4,296 716
(PER BUSINESS) 158 G/R 3,160 (1,136)
712 BARBER SCHOOL '96 0 0 G/R 0 0
713 BEAUTY SCHOOL 96 192 2 G/R 50 . (142)
715 POOL TABLES(EA TABLE) 12 1,200 · 100 20 2,00°`: 800
717 CARD ROOM 1ST TABLE 100 1,200 3
EA. TABLE OVER 1 35 840 3
PER BUSINESS 3. 100 300 (11740)
719 CHRISTMASS TREE LOT 20 ,320 16 20 320 0
721 CONSTRUCTION:
$1 - 150,000 30 18,360 612 GIR 12,240 (6,120)
$150,001 - 1,000,000 60 17,460 291 GIR 13,095 (4,365)
$1,000,001 + OVER 120 16,800 140 G/R 21,000 4,200
PAGE 1 EXHIBIT G G/R = GROSS RECEIPTS WITH $20 MINIMUM ANNUAL TAX
CURRENT CURRENT NUMBER PROPOSED ESTIMATED ES~rlMATED
FLAT RATE ANNUAL BUSINESSES ANNUAL MINIMUM REVENUE.
CLASS DESCRIPTION QUARTER ANNUAL REVENUE MACH.IDEVICES RATE REVENUE GAIN(LOSS)
723 CURB PAINTING 10 120 3 G/R 60 (60)
725 PUBLIC DANCES 10 1,200 30 20 600 (600)
727 HEALTH CLUB 40 640 16 G/R 320 .(320)
729 HOTEL/MOTEL(EA ROOM) 0.75 3,615 4,820 1 4,820 1,205
731 PEDDLING 10 2,040 51 G/R 1,020 (1,020)
733 ITINERANT MERCHANT 20 2,240 28 G/R 560 (1,680)
735 SECONDHAND FURNITURE
DEALERS 100 3,900 39 G/R 780 (3,120)
737 PAWNBROKER 200 1,400 .7 G/R 140 (1,260)
739 JUNK COLLECTOR 40 400 10 G/R 200 (200)
741 JUNK DEALER 100 500 5 G/R 100 (400)
743 PE .RSONAL LOANS(OTHER
THAN PAWNBROKER) .. 100. 2,000 20 G/R ~,~, 400 (1,600)
745 COMMERCIAL PAPER
PURCHASER/FACTOR 100 400 4 GIR 80 (320)
749 MASSEUR 15 195 13 G/R 260 65
750 MINIATURE GOLF COURSE 20 20 1 GIR 20 0
752 MUSIC BOXES (EA) 10 820 82 20 1,640 820
754 NEWSPAPERS-DAILY 500 500 1 G/R 20 (480)
756 PALMIST/FORTUN ETELLER 300 2,700 9 G/R 180 (2,520)
758 COIN-OP. PHOTO MACHINES(EA) 20 120 6 20 120 0
PAGE 2 EXHIBIT G G/R = GROSS RECEIPTS WITH $20 MINIMUM ANNUAL TAX
CURRENT CURRENT NUMBER PROPOSED ESTIMATED ESTIMATED
FLAT RATE ANNUAL BUSINESSES ANNUAL MINIMUM REVENUE
CLASS DESCRIPTION QUARTER ANNUAL REVENUE VIACH./DEVICES RATE REYENUE GAiN{LOSS)
760 PRIVATE DETECTIVEJPROCESS '
SERVER 20 520 26 G/R .520 0
761 PRIVATE PATROL
(EA PATROLLED BUS.) 20 940 47
(EACH BUSINESS) 16 GIR 320 (620)
762 PRIVATE PATROL WATCHMAN
(EA PERSON) 10 0 0. G/R 0 0
763 SAVINGS & LOAN ASSNS. 100 0
(EA BRANCH/LOCATION) 23 20 460 460.
764 SOLICITORS OF ADVERTISING
RADIO & TV 50 1,000 20 G/R 400 (600)
766 TAXI(EA VEHICLE) 15 2,880 48 G/R 960 (1,920)
770 SCHOOLS-DANCING 20 280 14 .G/R 280 0
771 SCHOOLS-SECRETARIAL,
TRADE, ETC. 20 1,160 58 G/R 1,160 0.
772 SHOESHINING:IST CHAIR 6 18 3
EA ADDITIONAL CHAIR 2 4 2
(PER BUSINESS) 3 G/R 60 38
774 SHOOTING GALLERY/
TARGET RANGE 100 0 0 G/R 0 0
776 PROFESSIONAL SPORTING 15
EVENT
778 STOCKBROKER(PER AGENT) 40 5,240 131 ~'~'i'~'
(PER BUSINESS) 31 G/R 620 (4,620)
780 DOOR-TO-DOOR/TELEPHONE
SOLICITORS 10 .4,880 91 G/R 1,820 (3,060)'
PAGE 3 EXHIBIT G G/R = GROSS RECEIPTS WITH $20 MINIMUM ANNUAL TAX
CURRENT CURRENT NUMBER PROPOSED . ESTIMATED ESTIMATED
FLAT RATE 'ANNUAL BUSINESSES ANNUAL MINIMUM REVENUE
CLASS DESCRIPTION QUARTER ANNUAL REVENUE MACH./DEVICES RATE REVENUE GAIN(LOSS)
782 TENT SHOWS/CIRCUS/EXHIBITS 500 0 ' 0 G/R 0 0
784 AMUSEMENT RIDING DEVICES 12.50 13 1 G/R 20 7
785 CARNIVAL AMUSEMENT GAMES 750 750 1 G/R 20 (~30)
786 AMUSEMENT RIDES-PERMANENT 50 200 4 G/R 80 (i20)
788 WEIGHING MACHINES 1 0 0 20 0 0
790 ADMIN. OFFICE SPACE
(PER 1 O0 SQ. FT.) 1 17,594 203 $20 M IN. 19,754 2,160
791 STORAGE & WAREHOUSING: ·
INDOOR FLOOR/100 SQ. FT. 0.50
OPEN YARD/100 SQ.FT. 0.10
TOTAL 1,627 13 $20 MIN. - 1,647 20
794 ARTS & CRAFTS FAIRS, ETC.
5-10 VENDORS $25
10-25 VENDORS $50
25-50 VENDORS $75 .
50 + OVER $100
ARTS & CRAFTS, ETC. TOTAL 600 9 N/C 600 0
TOTAL 136,105 1 i 3,546 (22,559)
12/04/90
6:D ' · ' : '
MDD
PAGE 4 EXHIBIT G G/R = GROSS RECEIPTS WITH $20 MINIMUM ANNUAL.TAx
BUSINESS LICENSE REVENUES
LAST TEN FISCAL YEARS ~'
BUSINESS REVENUE
FISCAL LICENSE INCREASE
YEAR POPULATION REVENUE PERCENT
1980-81 105,611 $ 566,424 0
1981-82 113,000 624,722 10.3
1982-83 117,822 748,239 19.8
1983-84 129,686 777,861 4.0
1984-85 138,518 868,402 11.6
1985-86 148,227 894,193 3.0
1986-87 153,399 957,121 7.0
1987-88 157,423 990,163' 3.5
1988-89 161,750 1,076,102 8.7
1989-90 169,501 1,142,759 6.2
EXHIBIT H
DECEMBER 4, 1990
TO: J. DALE HAWLEY, CITY MANAGER ~ ~///~~
FROM: GREGORY J. KLIMKO, FINANCE DIRECTO //~,
SUBJECT: BUSINESS LICENSE ORDINANCE REVISION
Attached is a report from Bill Descary regarding a proposed change to our exist-
ing Business License Ordinance. This report includes two alternatives (A & B)
for your consideration. An attempt was made to provide alternatives which would
result in a revenue neutral ordinance. Staff strongly recommends Alternate "A"
which may result in a 4.5% revenue increase. While Alternate B may result in a
4% revenue decrease.
The Business License Ordinance was passed as a revenue raising measure and
whereas other charter cities raise approximately 6% of there General Fund reve-
nue through business license and the City. of Bakersfield raises less than 2% of
its General Fund revenue through business license. I strongly recommend
Alternate "A". AdditiOnally these proposed changes may assist the City in
attracting businesses which generate large gross receipts which are currently
located in other areas or currently in the unincorporated area of the County.
I will be making a presentation at the Budget and Finance Committee meeting of
December 10, 1990 concerning this report.
krc
GJK120490
MEMORANDUM.
TO: GREGORY J. KLIMKO, FINANCE DIRECTOR
FROM: BILL DESCARY, TREASURER~
SUBJECT: BUSINESS LICENSE ORDINANCE REVISION
The data used to develop previous schedules/exhibits has been updated to reflect
current fiscal year license renewal payments and approximately $70,000 in delin-
quent payments which will be collected in subsequent months. Revenue from quar-
terly rates has been annualized and included.
Previous 'memorandums on this subject were lengthy in order to explain research
and convey background. Here I am purposely brief and utilize exhibits to pre-
sent background along with current and projected revenue data. The impact of
possible rate changes are grouped under ALTERNATE A and ALTERNATE B. Staff
recommends Alternate A but.Alternate B 'is presented for consideration.
Current business license tax rates were established in 1969. The tax base for
about 75 per cent of the businesses is gross receipts. As gross receipts have
increased the City's revenue has increased. However, many of the flat rates-~
and the $10.00 minimum.tax have become outdated.
Bakersfield's $10.00 minimum tax is the lowest of 21 cities surveyed. The
range is $18.75 to $150.00. During the 21 years the $10.00 minimum tax has
been in effect, the Consumer Price Index (CPI) has increased 268 per cent.
A tax increase based solely upon the CPI increase would result in a minimum
tax of $36.80. Staff is recommending a $20.00 minimum tax or a 100 per cent
increase. It is recommended that flat rates be adjusted as indicated in
Exhibit G.
Analysis of the State Controllers Report for California charter cities indi-
cates business license tax revenues represent about 5.8 per cent of general
fund revenues statewide. Bakersfield is considerably below the State average
at about 1.85 per cent. This suggests that Bakersfield's business license tax
rates need to be increased to keep pace with other cities in the State. Also
rates should be adjusted before Proposition 136 is tested at the polls again.
'If this proposition had passed, business license tax increases would require a
majority vote in order to become law which could be cumbersome and costly.'
Staff recommends the following changes to the Business License Tax Ordinance:
1. Implementation of the rate structure under ALTERNATE A (Exhibit A)
- Improves payment equity.
- Extremely regressive after $100,000,000 of gross receipts.
Virtually becomes a maximum tax at the rate of .01¢ per
$1,000 of gross receipts.
- Revenue projected to increase $55,000*.
..... GREGORY J. KLIMKO
.~::~-:: .... -,-.DECEMBER 4:, 1990 - "- ...........
*This increased revenue would put Bakersfield more in line with other
charter cities in terms of the percentage of General Fund revenue
generated by business license tax. _
2. Increase the minimum tax to $20.00-from $10.00.- '-
- Improves payment equity.
- Revenue projected to increase at least $30,000.
3. Reduce the number of flat rate categories from 52 to 14.
- Improves payment equity.
- Improves efficiency of administration.
The following is a list of exhibits by title that support the recommended
changes:
Exhibit A - GROSS RECEIPT RATES
CURRENT AND PROPOSED
Exhibit B - BUSINESS LICENSE TAX ~SCENARIO
UNDER CURRENT AND PROPOSED~AETERNATES ......
Exhibit C - BUSINESS LICENSE REVENUE
TEN LARGEST TAXPAYERS
Exhibit D - EFFECTS OF PROPOSED RATE CHANGES
ON CURRENT TAX REVENUE
Exhibit E - STAFF RECOMMENDATION IMPLEMENTED
TAX CHANGE EXPERIENCED
BY NUMBER OF BUSINESSES
UNDER ALTERNATE A
Exhibit F - TAX CHANGE EXPERIENCED '
BY NUMBER OF BUSINESSES
UNDER ALTERNATE B
Exhibit G - (Pages 1 - 4) - CURRENT ANNUAL REVENUE FROM
FLAT RATES COMPARED TO ESTIMATED MINIMUM
REVENUE FROM PROPOSED RATES
Exhibit H - BUSINESS LICENSE REVENUES
LAST TEN FISCAL YEARS
GREGORY J, KLIMKO ........
PAGE THREE ~ -
In order to make this recommendation, each rate 'in the ordinance was examined,
The examination was prompted by the premise'that the City's business-qicense
tax impedes annexation and economic development, It is felt that the,proposed
rate changes will simplify__the ordinance by eliminating...somewhat discreti.onary___
business classifications for taxing.purposes. The changes wJl.1 improve'over-.
all payment equity without jeopardizing revenue growth as amaximum~tax-would
do. The changes also accommodate annexation and economic development by pro-
viding for modest annual-tax payments by businesses~with extraordinarily high
gross receipts as shown in Exhibit B, The recommendation is consistent with
the spirit of the ordinance as a revenue raising measure. In this .regard the
ordinance has served its purpose over the years as Exhibit H indicates,
krc
BD102590
GROSS RECEIPT RATES
CURRENT AND PROPOSED
RATES ARE CENTS PER $1,000 OF GROSS RECEIPTS
CURRENT PROPOSED
CLASS GROSS RECEIPTS RATE 'GROSS RECEIPTS ALTERNATE A ALTERNATE B
A $1 and more .65 $1 and more .65 .65. "
B $1-600,000 .35 $1 - 1,000,000 .30 .30
$600,001 and more .17 $1,000,001-10,000,000 .20 .1.5
$10,000,001-100,000,000 .10 '.05
$100,000,001 and more .01 .01 '
C $1-600,000 .30 $1 - 1,000,000 .30 .30
$600,001 and more .16 $1,000,001-10,000,000 .20 .15
$10,000,001-100,000,000 .10 '.05
$100,000,001 and more .01 .01
D $1-600,000 .25 $1 - 1,000,000 .30 .·30
$600,001 and more .15 $1~000,001-10,000,000 ' .20 .15
$10,000,001-100,000,00° .10 .05
~ $100,000,001 and more .01 .01
MINIMUM TAX 10.00 MINIMUM TAX 20.00 20.00
EXAMPLES OF TYPES OF BUSINESSES IN EACH CLASS:
A PROFESSIONAL: ACCOUNTANTS, PHYSICIANS, AI-rORNEYS, CONSULTANTS SUCH'AS
GEOLOGISTS AND ENGINEERS
B MANUFACTURING: PRINTERS, DRY CLEANERS, SOFT DRINK BOTTLERS,
ICE CREAM PLANTS AND MACHINE SHOPS
C RETAIL: RESTAURANTS, BOWLING ALLEYS, DEPARTMENT STORES
~ AND SPECIALTY SHOPS
D WHOLESALE: BUSINESSES THAT SELL WHOLESALE INCLUDING
AUTOMOBILE DEALERS
EXHIBIT a
BUSINESS LICENSE TAX SCENARIO
UNDER CURRENT AND PROPOSED ALTERNATES ,..
CLASS DESCRIPTION CURRENT ALTERNATE A ALTERNATE B
A $ 1,000,000 $ ~ 650 $ 650 $ 650
Professional 9,000,000 5,850 5,850 5,850
90 000,000 58,500 58,500 58,500
100,000,000 65,000 65,000 65,000
300,000,000 195 000 195,000 195,000
$ 400,000,000 $ 26.0,000 $ 260,000 $ 260,000
B $ 1,000,000 $ 278 $ 300 $ 300
Manufacturing 9,000,000 1,530 1,800 1,350'
90,000,000 15,300 9,000 4,500
100,000,000 ,17,108 11,100 6,150 "
300,000,000 51,000 3,000 3,000
$ 400,000,000 $. 68,108 $ 14,100 $ 9,150
C ~ $ 1,000,000 $ 244 .$ 300 $ 300
Retail 9,000,000 1,440. 1,800 1,350
90,000,000 14,400 9,000 4,500
100,000,000 16,084 11,100 6,150
300,000,000 48,000 3,000 3,000
$ 400,000,000 $ 64,084 $ 14,100 $ 9,150
D $ 1,000,000 $ 210 $ 300 $ 300
Wholesale 9,000,000 1,350 1,800 1,350
90,000,000 13,500 9,000 4,500
100,000,000 15,060 11,100 6,150
300,000,000 45,000 3,000 3,000 ·
$ 400,000,000 $ 60,060 $ 14,100. $ 9,i50
EXHIBIT B
BUSINESS LICENSE REVENUE
TEN LARGEST TAXPAYERS
CURRENT ALTERNATE A ALTERNATE B
TAX ' TAX DECREASE TAX DECREASE
$ 10,762 $ 8,235 $ (2,527) $ 4,717 $ (6,045)
10,448 8,025 .i (2,423) 4,613 (5,835)
9,831 6,819 ',i, i(3.,012) 4,010 (5,821)
8,850 6,960 (1,890). 4,080 (4,770)
7,301 5,331 (1,970) 3,266 (4,035)
6,538 5,419 (1,119) 3,309 (3,229)
5,830 4,466 (1,364) 2,833 (2,997)
4,966 4,583 (383) 4,583 (383)
4,869 4,090 (779) 2,645 (2,224)
3,933 3,933 0 3,933 0
TOTAL $ 73,328 $ 57,861 $ (15,467) $ 37,989 $ .(35,339)
EXHIBIT C
EFFECTS OF PROPOSED RATE CHANGES
oN CURRENT TAX REVENUE
;
NUMBER OF
CLASS BUSINESSES CURRENT ALTERNATE A ALTERNATE B'
A 2,265 $ 377,887 $ 3771887 $ 377,887
B 2,804. 150,617 161,851 144,095
C 2,759 402,687 456,519 404,653
D 325 133,766 - 146,279 113,145
FLAT RATE 2,348 136,105 113,546 *. 113,546 *
TOTAL TAXABLE 10,501 ** $ 1,201,062 $ 1,256,082 $' 1,153,326
* FLAT RATE CHANGED TO GROSS RECEIPTS PER EXHIBIT G. THIS IS THE ESTIMATED MINIMUM TAX REVENUE PER YEAR.
ACTUAL MAY BE MORE BUT GROSS RECEIPTS INFORMATION IS NOT CURRENTLY AVAILABLE.
* *ADDITIONALLY, 352 BUSINESES ARE ExEMpT BY GOVERMENT CODE: BANKS, INSURANCE COMPANIES AND CHARITABLE ORGANIZATIONS.
EXHIBIT D
STAFF RECOMMENDATION IMPLEMENTED
TAX CHANGE EXPERIENCED
BY NUMBER OF BUSINESSES
UNDER ALTERNATE A
BUSINESSES
TOTAL PAYING MIN. BUSINESSES PAYING 'NO
CLASS BUSINESSES $20 TAX : MORE (LESS) TAX CHANGE
A 2,265 936 936 0 1,329
B 2,804 2,013 2,023 (602) 179
C 2,759 916 1,504 (14) i ,241
D 325 75 295 (10) 20
FLAT 2,348 619 677 (1,502) 169
TOTAL 10,501 4,559 5.435 (2,128) 2.938
RANGE OF INCREASED TAX ..
BY NUMBER OF BUSINESSES
· .: TOTAL
CLASS $1-100 $101-200 $201-300' $301-400 $401-500 $501-1,000 OVERS1,000 BUSINESSES
A 936 0 0 0 0 0 0 936
B 2,003 11 9 0: 0 0 0 .2,023 ·
C 1,357 95 28 22 2 1'* 0 1',505
D 214 48 17 9 6 0 0 294
FLAT 677 0 0 0: 0 0 0 677
TOTAL 5,187 154 54 31= 8 1 0 5,435
· This business would experience an increase of $532.
RANGE OF DECREASED TAX
BY NUMBER OF BUSINESSES
TOTAL
CLASS $1-100 $101-200 $201-300 $301-400 $401-500 $501-1,000 OVER $1,000 BUSINESSES
A 0 0 0 0 0 0 0 0
B 597 1 0 0 0 1 3 602
C 3 2 3 1 2 3 0 14
D I I 2 1 I 0 4 10
FLAT 1,450 38 9 0 1 4 0 1,502
TOTAL 2,051 42 lZl 2 4 8 7 2,128
NOTE: No business would experience a tax decrease'greater than $3,000.
EXHIBIT E
TAX CHANGE EXPERIENCED
BY NUMBER OF BUSINESSES
UNDER ALTERNATE B
BUSINESSES
TOTAL PAYING MIN. BUSINESSES PAYING NO
CLASS BUSINESSES $20 TAX i, MORE (LESS) TAX CHANGE
A 2,265 ~36 936 0 1,329
B 2,804 2,O13 1,986 (639) 179
C 2,759 916 ~ .i ' 1,464 (52) 1,241
D 325 75 288 (17) 20
FLAT 2;348 619 677 (1,502) 169
TOTAL 10,501 4,559 5,351 (2,210) 2,938
RANGE OF INCREASED TAX
BY NUMBER OF BUSINESSES
TOTAL
CLASS $1-100 $101-200 $201-300 $301-400 $401-500 $501-1,000 'OVER $1,000 BUSINESSES
A 936 0 0 ' O' 0 0 0 936
B 1,986 0 0 0i= 0 0 '0 1,986
C 1,464 0 0 0 0 . 0 0 1,464
D 288 0 0 .0.. 0 0 0 288
FLAT. 677 0 0 '0 0 0 0 677
' TOTAL 5,351 0 0 0~ 0 0 0 5,351
RANGE OF DECREASED TAX · .
BY NUMBER OF BUSINESSES
! ~ ~ ~ TOTAL
CLASS $1-100 $101-200 $201-300 $301-400 $401-500 $501-1,000 OVERS1,000 BUSINESSES
A 0 0 0 '0 0 0 0 0
B 623 8 I 0 0 3' 4 * 639
C 19 4 5 1 4 9 10 * 52
D I 2 0 0 I 3 10 * 17
FLAT 1,450 38 9 0 1 4 0 1,502 '
TOTAL 2,093 52 15 1 6 19 24 2,210
· Largest decrease for a business in Bach classification: B $5,821 C $2,224 D $6,045
EXHIBIT F
CURRENT CURRENT NUMBER PROPOSED ESTIMATED ESTIMATED
FLAT RATE ANNUAL BUSINESSES ANNUAL MINIMUM REVENUE
CLASS DESCRIPTION QUARTER ANNUAL REVENUE MACH.IDEVICES PATE REVENUE GAIN(LOSS)
701 PRODUCING.OIL WELLS
1 ST 100 WELLS(EA) 20 4,280 214 20 . .4,280 0
2ND 100 WELLS(EA) 10
OVER 200 WELLS(EA) . 5
702 INDUSTRIAL SERVICING
& OILFIELD REPAIR 20 540 27 G/R .540 0
704 PINBALL MACHINES &
AMUSEMENT DVICES(EA) 12 9,456 788 20 15,760. 6,304
706 AUCTIONEER 60 120 2 G/R 40 (80)
708 BAIL BOND BROKER 100 0 ' 0 G/R 0 0
710 BARBER SHOP(PER CHAIR) 6 510 85
(PER BUSINESS) 35 G/R 700 190
711 BEAUTY SHOP
(PER OPERATOR) 6 4,296 716
(PER BUSINESS) 158 G/R 3,160 (1,136)
712 BARBER SCHOOL 96 0 0 G/R 0 0
713 BEAUTY SCHOOL 96 192 2 G/R' 50 (142)
715 POOL TABLES(EA TABLE) 12 1,200 100 20 2,000 800
717 CARD ROOM 1ST TABLE 100 1,200 3
EA. TABLE OVER 1 35 840 3
PER BUSINESS 3 100 ' 300 (1,740)
719. CHRISTMASS TREE LOT 20 320 16 20 320 0
721 CONSTRUCTION:
$1-150,000 30 18,360 612 GIR 12,240 (61120)
$150,001 - 1,000,000 60 17,460 291 GIR 13,095 (4,365)
$1,000,001 + OVER 120 16,800 140 GIR 21,000 4,200
PAGE 1 EXHIBIT G GIR = GROSS RECEIPTS WITH $20 MINIMUM ANNUAL TAX .
CURRENT CURRENT NUMBER PROPOSED ESTIMATED ESTIMATED
FLAT RATE ANNUAL BUSINESSES ANNUAL MINIMUM ' REVENUE
CLASS DESCRIPTION QUARTER ANNUAL REVENUE MACH.IDEVICES RATE REVENUE GAIN(LOSS)
723 CURB PAINTING 10 120 3 GIR 60' '(60)
725 PUBLIC DANCES 10 1,200 30 20 600 (600)
727 HEALTH CLUB 40 640 16 'G/R 320 '(320)
729 HOTEL/MOTEL(EA ROOM) 0.75 3,615 4,820 I 4,820 1,205 ·
731 PEDDLING 10 2,040 51 G/R 1,020 (1,020)
733 ITINERANT MERCHANT 20 2,240 28 G/R 560 (1,680)
735 SECONDHAND FURNITURE
DEALERS 100 3,900 39 GIR 780 (3,120)
737 PAWNBROKER 200 1,400 7 G/R 140 (1~260)
739 JUNK COLLECTOR 40 400 10 G/R 200 (200)
741 JUNK DEALER 100 500 5 G/R 100 (400)
743 PERSONAL LOANS(OTHER
THAN PAWNBROKER) 100 2,000 20 G/R 400 · ' (1,600)
745 COMMERCIAL PAPER
PURCHASER/FACTOR 100 400 4 G/R 80 (320)
749 MASSEUR '15 195 13 G/R 260 65
750 . MINIATURE GOLF COURSE 20 20 1 G/R 20 0
752 MUSIC BOXES (EA) 10 820 82 20 1,640 . 820
754 NEWSPAPERS-DAILY 500 500 1 G/R 20 (480)
756 PALMIST/FORTUNETELLER 300 2,700 9 G/R 180 (2,520)'.
758 COIN-OP. PHOTO MACHINES(EA) 20 120 6 20 120 0
PAGE 2 EXHIBIT G G/R = GROSS RECEIPTS WITH ;20 MINIMUM ANNUAL TAX ~
CURRENT CURRENT NUMBER PROPOSED ESTIMATED -ESTIMATED
FLAT RATE ANNUAL BUSINESSES ANNUAL MINIMUM REVENUE
CLASS DESCRIPTION QUARTER ANNUAL REVENUE MACH./DEVICES RATE REVENUE 'GA',N(LOSS)
760 PRIVATE DETECTIVE/PROCESS
SERVER 20 520 26 G/R 520 0
761 PRIVATE PATROL ·
(EA PATROLLED BUS.) 20 940 47
(EACH BUSINESS) 16 G/R 320 ' (620)`.
762 PRIVATE PATROL WATCHMAN
(EA PERSON) 10 0 0 G/R 0 O
763 SAVINGS & LOAN ASSNS. 100 0 ·
(EA BRANCH/LOCATION) 23 20 460 460
764 SOLICITORS OF ADVERTISING
RADIO & TV 50 1,000 20 G/R 400 ' (600)
766 TAX, I(EA VEHICLE) 15 2,880 48 G/R 960 (1,920)
770 SCHOOLS-DANCING 20 280 14 G/R 280 0
771 SCHOOLS-SECRETARIAL,
TRADE, ETC. 20 ,160 58 G/R 1,160 0
772 SHOESHINING:IST CHAIR 6 18 3
EA ADDITIONAL CHAIR 2 4 2
(PER BUSINESS) 3 G/R 60 38
774 SHOOTING GALLERY/
TARGET RANGE 100 0 0 GIR 0 0
776 PROFESSIONAL SPORTING 15 ' 15 I G/R 20 . 5
EVENT
778 STOCKBROKER(PER AGENT) 40 5,240 ' 131
(PER BUSINESS) 31 G/R ' 620 (4,620) ..
780 DOOR-TO-DOOR/TELEPHONE
SOLICITORS 10 4,880 91 GIR 1,820 (3,060)
PAGE 3 EXHIBIT G G/R = GROSS RECEIPTS WITH $20 MINIMUM ANNUAL TAX.
CURRENT cURRENT NUMBER PROPOSED ESTIMATED :ESTIMATED
FLAT RATE ANNUAL BUSINESSES ANNUAL MINIMUM REVENUE
CLASS DESCRIPTION QUARTER ANNUAL REVENUE MACHO/DEVICES RATE REVENUE GAIN(LOSS)
782 TENT SHOWS/CIRCUS/EXHIBITS 500 0 0 G/R 0 0'
784 AMUSEMENT RIDING DEVICES 12.50 13 1 G/R 20 · 7
785 CARNIVAL AMUSEMENT GAMES 750 750 1 G/R 20 (730)
786 AMUSEMENT RIDES-PERMANENT 50 200 4 G/R 80 (120)
788 WEIGHING MACHINES 1 0 0 20 0 0
790 ADMIN. OFFICE SPACE
(PER 100 SQ. FT.) I 17,594 203 $20 MIN. 19,754 2,160
791 STORAGE & WAREHOUSING:
INDOOR FLOOR/100 SQ.FT. 0.50
OPEN YARD/100 SQ. FT. 0.10
TOTAL 1,627 13 $20 MIN. 1,647 20
794 ARTS & CRAFTS FAIBS, ETC.
5-10 VENDORS $25
10-25 VENDORS $50
25-50 VENDORS $75
50 + OVER $100
ARTS & CRAFTS, ETC. TOTAL 600 9 N/C 600 0
TOTAL 136,105 113,546 (22,559)'
12104190
6:1:]
MDD
PAGE 4 EXHIBIT G GIR = GROSS RECEIPTS WITH $20 MINIMUM ANNUAL TAX
· BUSINESS LICENSE REVENUES
LAST TEN FISCAL YEARS
BUSINESS REVENUE
FISCAL LICENSE INCREASE
YEAR POPULATION REVENUE PERCENT
1980-81 105,611 $ 566,424 0
1981-82 113,000 624,722 10.3
1982~83 117,822 748,239 19.8
1983-84 129,686 777,861 4.0
1984-85 138,518 868,402 11.6
1985-86 148,227 894,193 3.0
1986-87 153,399 957,121 7.0
1987-88 157;423 990,163 3.5
1988-89 161,750 1,076,102 8.7
1989-90 169,501 1,142,759 6.2
EXHIBIT H
192 C_.~l. App.3d 170; 237 Cal. Rptr. 346 [May 1997]
[No. B023000. Second Dist., Div. Two. May 28, 1987.]
TIMES MIRROR COMPANY et al., Plaintiffs and Appellants, v.
CITY OF LOS ANGELES, Defendant and Respondent. ~
The trial court entered summary judgment in favor of a city in an action
for recovery of municipal business taxes paid under protest brought by news-
paper publishers. In the city's taxation scheme, wholesale businesses,
including-newspaper sales, were taxed at a different rate than retail busi-
nesses, including newspaper sales, and various aspects of.the movie industry
were taxed at different rates and at rates different from newspapers. The taxa-
tion scheme also allowed the city clerk to promulgate rules and regulations
for the apportionment of gross receipts according to the amount of business
done in the city, so that the tax would not have an extraterritorial impact.
(Superior.Court of Los Angeles County, No. C511941, John L. Cole, Judge.)
The Court of Appeal affirmed. It heldlthat the business tax did not uncon-
stitutionally impose a differential tax burden on a variety of U.S. Const., I st
Amend. activities or unconstitutionally discriminate between First Amend-
ment and non-First Amendment enterprises. The court held further that the
classifications in the taxing scheme flowed naturally from differences in the
methods and procedures used in conducting the business activities subject
to the ordinance, affording an accepxable basis for imposing disparate rates
of taxation. The court also held that the tax scheme was not unconstitutional
for using different methods of computing taxes levied against motion picture
production as against newspaper publication. It further held that the taxing
ordinance scheme was not. unconstitutional as granting the city clerk discre-
tion in apportioning the amount of gross receipt taxes to be collected from
businesses engaged in protected First Amendment activities. (Opinion by
Compton, Acting P. J., with Gates and Fukuto, JJ., concurring.) ....
Classified to California Digest of Official Reports, 3d Series
(la-10 Business and Occupational Licenses § 5--ValiflitY and Construction
of Laws--Classification-'First Amendment Activities--Newspaper
MEMORANDUM ............
FEBRUARY 20, 1991
TO: GREGORY J. KLIMKO, FINANCE DIRECTOR
FROM: BILL DESCARY, TREASURER~L_
SUBJECT: BUSINESS LICENSE ORDINANCE REVISION
Current business license tax rates were established in June 1969. Approximately
75 per cent of the businesses pay a tax based on gross receipts while the
remaining 25 per cent are based on a flat rate. As gross receipts have
increased the City's revenue has increased without increasing rates, consistent
with the intent of the ordinance - a revenue raising measure. However, many of
the flat rates, and the $10.00 minimum tax have not kept up with inflation and
the related cost' of living. In the 22 years the $10.00 minimum tax has been in
effect, the Consumer Price Index (CPI) has gone from 108 to 401, a 271 per cent
increase. A tax increase based upon the CPI would result in a minimum tax of
$37.10. It is recommended the minimum tax be increased to $25.00.
Flat rates were analyzed. There'is no apparent reason for most of.the flat
rates to be in effect particularly from an equity payment standpoint. For
example, barber.shops and beauty shops are taxed at the flat rate of $6.00 per
chair annually. Yet, a secondhand furniture dealer is taxed $100.00 annually.
It is recommended that virtually all flat rates be converted to a gross receipts
tax base with a $25.00 minimum annual-tax as shown-in_Exhibit E. Catego[ies
remaining on a flat rate basis would be pool tables, card rooms and coin oper-
ated entertainment machines where qross receipts are somewhat difficult to
measure. The impact on the City's revenue and cost figures for individual
businesses effected by this conversion are not readily available because flat
rate businesses do not report gross receipts. Therefore, estimated revenue in
Exhibit E is based on the assumption that businesses converted to gross receipts
would pay a $25.00 minimum tax.
In the process of reviewing the minimum tax and flat rates, the overall busi-
ness license tax rate structure was analyzed. There is no apparent basis for
the exiStence of different tax rates for businesses classified as retailing,
manufacturing or wholesaling..The tax rates for retailers are essentially bet-
ween manufacturing which is higher, and wholesaling, which is lower. Therefore,
in order to eliminate the somewhat discretionary classification selection at the
time a business license app. lication is filed and improve payment equity, it is
recommended classifications B (manufacturing), C (retailing) and D (wholesaling)
be eliminated and all these types of businesses be taxed at the same rate. The
proposed rate structure is shown in Exhibit A. The overall impact of the pro-
posed rates is essentially revenue neutral a~ Exhibit B indicates.
Accordinq to a 1987 survey, 420 of 447 California cities have Business License
Tax Ordinances. Generally those cities without Business License Tax Ordinances
are non-commercial, primarily residential or bedroom type communities. An anal-
ysis of the State Controllers' Report (1987-88) for California charter cities
GREGORY J. KLIMKO
FEBRUARY 20, 1991
PAGE TWO
indicates that business license tax revenues represent 5.8 per cent of general
fund revenues statewide. Bakersfield is considerably below the State average at
about 1.85 per cent. This suggests that Bakersfield's business license rates
are competitive sta'tewide and should be attractive when businesses are consider-
ing the possibility of relocating to Bakersfield. The proposed changes in
rates, which are revenue neutral, should not change this favorable attribute.
The following is a list of exhibits by title that show the impact of proposed
changes to the business license tax rates:
Exhibit A - GROSS RECEIPT RATES
CURRENT AND PROPOSED
Exhibit B - BUSINESS LICENSE TAX REVENUE CURRENT VS PROPOSED RATES
Exhibit C - BUSINESS LICENSE REVENUE
VARYING GROSS RECEIPTS
CURRENT VS PROPOSED RATES
Exhibit D - BUSINESS LICENSE TAX
EFFECT OF PROPOSED. CHANGE
BY NUMBER OF BUSINESSES
Exhibit E (Pages I - 4) - CURRENT ANNUAL REVENUE FROM FLAT RATES
COMPARED TO ESTIMATED MINIMUM
REVENUE FROM PROPOSED RATES
Exhibit F - BUSINESS LICENSE REVENUES LAST TEN FISCAL YEARS
The City has a Business Improvement District (BID) Tax administered under the
provisions of Municipal Code Chapter 5.04. The Chapter imposes a tax on busi-
nesses in the district which is greater than the general business license tax in
the City outside of the district. The amount of BID tax is based upon two fac-
tors: 1) the BID classification and 2) the amount of business license tax paid.
The current BID classes and corresponding rates are shown at the bottom of
Exhibit G. BID classifications are assigned in accordance with the schedule
provided in Municipal Code Section 5.04.040 (B). The upper portion of Exhibit G
shows the inconsistency between business license classifications and BID classi-
fications. A copy of Chapter 5.04 is attached as Exhibit~H. The boundaries of
the district are shown'in Exhibit I. The district was established July 1, 1968.
The current classification and rate structure with maximum tax amounts was
established May 22, 1972.
GREGORY J. KLIMKO
FEBRUARY 20, 1991
PAGE THREE
The following is a list of exhibits by title that show the impact of proposed
changes to the BID tax rates:
Exhibit J - Business Improvement District Revenue
Exhibit K - Business Improvement District Tax Proposed
Exhibit L - Business Improvement District Tax Change
By Number of Businesses
Under Alternate X and Y
Exhibit M - Business Improvement District Tax Collected Last Six Fiscal Years'
krc
D:M.BD6
Attachments
GROSS RECEIPT RATES
CURRENT AND PROPOSED
RATES ARE CENTS PER $1,000 OF GROSS RECEIPTs
CURRENT* ; PROPOSED
CLASS GROSS RECEIPTS RATES GROSS RECEIPTS RATES
A. $1 and more .65 $1 and more .65
B ,$'1-600,000 .35 $1 £ 1,000,000 .30
$600,001 and more .17 $1,000,001-10,000,000 .15
$10,000,001-100,000,000 .05
$100,000,001 and more .01
C $1-600,000 .30 $1 - 1',000,000 .30
$600,001 and more .16 $1,000,001 -10,000,000 .15
$10,000,001-100,000,000 .05
$100,000,001 and more .01
D $1-600,000 .25 '$1 - 1,000,000 .30
$600,001 and more .15 $1,000,001 -10,000,000 .15
$10,000,001-100,000,000 · .05
$100,000,001 and more .01
MINIMUM TAX 10.00 MINIMUM TAX 25.00
EXAMPLES OF TYPES OF BUSINESSES IN EACH CLASS:
A PROFESSIONAL: ACCOUNTANTS, PHYSICIANS, A]-rORNEYS, CONSULTANTS SUCH AS
GEOLOGISTS AND ENGINEERS
B MANUFACTURING: PRINTERS, DRY CI~EANERS, SOFT DRINK BO'I-rLERS,
ICE CREAM PLANTS AND MACHINE SHOPS
° C RETAIL: RESTAURANTS, BOWLING ALLEYS, DEPARTMENT STORES
AND SPECIALTY SHOPS
D WHOLESALE: BUSINESSES THAT SELL WHOLESALE INCLUDING
AUTOMOBILE DEALERS
*THESE RATES WERE ADOPTED JUNE 9, 1969.
EXHIBIT A
BUSINESS LICENSE TAX REVENUE
CURRENT VS.PROPOSED RATES
NUMBER OF
CLASS BUSINESSES CURRENT PROPOSED
A 2,265 $ 377,887 $ · 399,677
B ' 2,804 150,617 158,454
C 2,759 402,687 413,474
D 325 133,766 114,028
FLAT RATE 2,348 136,105 126,626
TOTAL TAXABLE 10,501 ** $ 1,201,062 $ 1,212,259
* FLAT RATE CHANGED TO GROSS RECEIPTS PER EXHIBIT E. THIS IS THE ESTIMATED MINIMUM TAX REVENUE PER YEAR.
ACTUAL MAY BE MORE BUT GROSS RECEIPTS INFORMATION IS NOT CURRENTLY AVAILABLE.
* 'ADDITIONALLY, 352 BUSINESSES ARE EXEMPT BY GOVERMENT CODE: BANKS, INSURANCE COMPANIES AND
CHARITABLE ORGANIZATIONS.
EXHIBIT B
BUSINESS LICENSE TAX'
VARYING GROSS RECEIPTS
CURRENT VS PROPOSED RATES
CLASS DESCRIPTION CURRENT PROPOSED
A $ 1,000,000 $ 650. $ 650
Professional 9,000,000. 5,850 5,850
10,000,000 6,500 6,500
90,000,000 58,500 58 ,500
$ 100,000,000 $ 65,000 $ 65,000
B $ 1,000,000 $ 278 $ 300
Manufacturing 9,000,000 1,530 1,350
10,000,000 1,808 1,650
90,000,000 - 15,300 4,500
$ 100,000,000 $ 17,108 $ 6,150
C $ ' 1,000,000 $ 244 $ 300
Retail 9,000,000 1,440 1,350_
10,O00,000 1,684 : ~1,650
90,000,000 14,400 4,500
$ 100,000,000 $ 16,084 $ 6,150
D $ 1,000,000 $ 210 $ 300
Wholesale 9,000,000 1 ~350 1,350
10;000,000 1,560 1,650
90,000,000 13,500 4,500
$ 100,000,000 $ 15,060 $ 6,150
EXHIBIT C
BUSINESS LICENSE TAX
EFFECT OF PROPOSED CHANGE
BY NUMBER OF BUSINESSES
BUSINESSES
TOTAL BUSINESSES PAYING NO PAYING MIN.
CLASS BUSINESSES MORE LESS CHANGE $25'TAX
A 2,265 1.,031 0 1,234 991
B 2,804 2,232 540 32 2,248
C 2,759 1,667 52 1,040 1,155
D 325 303 16 6 99
FLAT 2,348 677 1,502 169 619
TOTAL 10,501 5,910 2,110 2,481 5,112
RANGE OF INCREASED TAX
BY NUMBER OF BUSINESSES
TOTAL
CLASS $1-100 $101-200 $201-300 $301-400 $401-500 $501-1,000 OVER $1,000 BUSINESSES
A 1,031 0 0 0 0 0 0 1,031
B 2,232 0 0 0 0 0 0 2,232
C 1,667 0 0 0 0 0 0 1,667
D 303 0 0 0 0 0 0 303
FLAT 677 0 0 0 0 0 0 677
TOTAL 5,910 0 0 0 0 0 0 5,910
RANGE OF DECREASED TAX
BY NUMBER OF BUSINESSES
_
TOTAL
CLASS $1-100' $101-200 $201-300 $301-400 $401-500 $501-1,000 OVER $1,000 BUSINESSES
A 0 0 0 0 0 0 0 0
B 524 8 1 0 0 3 4 * 540
C 19 4 5 1 4 9 10 ' · 52
D 0 2 0 0 .. 1 3 10 ' 16
FLAT 1,450 38 9 0 1 4 0- 1,502
TOTAL 1,993 52 '15 1 _ 6 -! 9 24 2,110
· Largest decrease for a business in' each classification: B $5,821 C $2,224 D $6,045
EXHIBIT D '
CURRENT CURRENT NUMBER PROPOSED ESTIMATED ESTIMATED
FLAT RATE ANNUAL BUSINESSES ·ANNUAL MINIMUM REVENUE
CLASS DESCRIPTION QUARTER ANNUAL REVENUE MACH./DEVICES RATE REVENUE GAtN(LOSS)
701 PRODUCING OIL'WELLS
1 ST 100 WELLS(EA) 20 4,280 214 25 5,350 1,070
2ND 100 WELLS(EA) 10
OVER 200 WELLS(EA) 5
702 INDUSTRIAL SERVICING'
& OILFIELD REPAIR 20 540 27 G/R 675 135
704 PINBALL MACHINES &
AMUSEMENT DVlCES(EA) 12 9,456 788 25 19,700 10,244
706 AUCTIONEER 60 120 2 G/R 50 (70)
708 BAIL BOND BROKER 100 0 0 G/R 0 . 0
710 BARBER SHOP(PER CHAIR) 6 510 ., 85 ·
(PER BUSINESS) 35 G/R 875 365
711 BEAUTY SHOP
(PER OPERATOR) 6 4,296 ~16
(PER BUSINESS) 158 G/R 3,950 (346)
712 BARBER SCHOOL 96 0 0 G/R 0 0
713 BEAUTY SCHOOL 96 192 2 G/R 50 (142)
715 POOL TABLES(EA TABLE) 12 ~ ,200 100 25 2,500 1,300
717 CARD ROOM 1ST TABLE 100 1,200 3
EA. TABLE OVER 1 35 840 3
PER BUSINESS 3 100 300 (1,740)
719 CHRISTMASS TREE LOT .: 20 320 16 G/R 400 80
721 CONSTRUCTION:
$1-150,000 30 18,360 612 G/R 15,300 (3,060)
$150,001 - 1,000,~00 60 17,460 291 G/R 13,095 (4,365)
$1,000,001 + OVER 120 16,800 140 G/R 21,000 4,200
PAGE 1 EXHIBIT E G/R = GROSS RECEIPTS WITH $25 MINIMUM ANNUAL TAX
CURREN~ CURRENT NUMBER PROPOSED ESTIMATED ESTIMATED
FLAT RATE ANNUAL BUSINESSES ANNUAE MINIMUM REVENUE
CLASS DESCRIpTIoN QUARTER ANNUAL REVENUE MACH.IDEVICES RATE REVENUE GAtN(LOSS)
723 CURB PAINTING 10 120 3 GIR 75 ' (45)
725 PUBLIC DANCES 10 1,200 30 25 750 (450)
727 HEALTH CLUB 40 640 16 G/R 400 (240)
729 HOTEL/MOTEL(EA ROOM) 0.75 3,615 4,820 1 4,820 1,205
731 PEDDLING 10 2,040 51 G/R 1,275 (765)
733 ITINERANT MERCHANT 20 2,240 28 G/R 700 (1,540)
735 SECONDHAND FURNITURE
DEALERS 100 3,900 39 G/R 975 (2,925)
737 PAWNBROKER 200 1,400 7 ' G/'R 175 (1,225)
739 JUNK COLLECTOR 40 400 10 G/R 250 (150)
741 JUNK DEALER 100 500 5 G/R 125 (375)
743 PERSONAL LOANS(OTHER
THAN PAWNBROKER) 100 2,000 20 G/R 500 (1,500)
745 .COMMERCIAL PAPER
PURCHASER/FACTOR 100 400 4 G/R 100 (30(~)_
749 MASSEUR 15 195 13 G/R 325 130
750 MINIATURE GOLF COURSE 20 20 1 G/R 25 5
752 MUSIC BOXES (EA) 10 820 82 25 2,050 1,230
7~4 NEWSPAPERS-DAILY 500 500 1 G/R 25 (475)
756 PALMIST/FORTUNETELLER 300 2,700 9 G/R 225 (2,475)
758 COIN-OP. PHOTO MACHINES(EA) 20 120 6 25 150 30
PAGE 2 EXHIBIT E G/R = GROSS RECEIPTS WITH $25 MINIMUM ANNUAL TAX
CURRENT CURRENT NUMBER PROPOSED ESTIMATED ESTIMATED
FLAT RATE ANNUAL BUSINESSES ANNUAL MINIMUM REVENUE
CLASS DESCRIPTION QUARTER ANNUAL REVENUE MACH./DEVlCES RATE REVENUE GAiN(LOSS)'
760 PRIVATE DETECTIVE/PROCESS
SERVER 20 520 26 G/R 650 130
761 PRIVATE PATROL
(EA PATROLLED BUS.) 20 940 47
(EACH BUSINESS) 16 G/R 400 (540)
762 PRIVATE PATROL WATCHMAN
(EA PERSON) 10 0 0 G/R 0 0
763 SAVINGS & LOAN ASSNS. 100 0
(EA BRANCH/LOCATION) 23 25 575 575
764 SOLICITORS OF ADVERTISING
RADIO & TV 50 1,000 20 G/R 500 (500)
766 TAXI(EA VEHICLE) 15 2,880 48 G/R ' 1,200 (1,680)
770 SCHOOLS-DANCING 20 280 14 G/R 350 70
771 SCHOOLS-SECRETARIAL,
TRADE, ETC. 20 1,160 · 58 G/R 1,450 .290
772 SHOESHINING: 1ST CHAIR 6 18 3
EA ADDITIONAL CHAIR 2 4 2
(PER BUSINESS) ~,. 3 G/R 75 53
774 SHOOTING GALLERY/
TARGET RANGE 100 0 0 G/R 0 0
776 PROFESSIONAL SPORTING 15 15 1 G/R 25 10
EVENT
778 STOCKBROKER(PER AGENT) 40 5,240- 131
(PER BUSINESS) 31 G/R 775 (4,465)
780 DOOR-TO-DOOR/TELEPHONE
SOLICITORS -10 4,880 91 G/R 2,275 (2,605)
PAGE 3 EXHIBIT E G/R = GROSS RECEIPTS WITH $25 MINIMUM ANNUAL TAX
CURRENT CURRENT NUMBER PROPOSED ESTIMATED ESTIMATED
FLAT RATE ANNUAL BUSINESSES ' ANNUAL MINIMUM REVENUE
CLASS DESCRIPTION QUARTER ANNUAL REVENUE MACH./DEVICES RATE REVENUE GAIN(LOSS)
782 TENT SHOWS/CIRCUS/EXHIBITS 500 0 0 G/R 0 0
784 AMUSEMENT RIDING DEVICES 12.50 13 1 G/R 25 12
785 CARNIVAL AMUSEMENT GAMES 750 750 1 G/R 25 (725)
786 AMUSEMENT RIDES-PERMANENT 50 200 4 G/R 100 (100)
788 WEIGHING MACHINES 1 0 0 25 0 0
(ENTERTAINMENT) o
790 ADMIN. OFFICE SPACE
(PER. 100 SQ.FT.) 1 17,594 203 1 ($25 MIN) 19,754 2,160
791. STORAGE & WAREHOUSING:
INDOOR FLOOPJ100 SQiFT. 0.50 0.50
OPEN YARD/100 SQ. FT. 0.10 0.10
TOTAL 1,627 13 ($25 MIN) 1,657 30
794 ARTS & CRAFTS FAIRS, ETC.'
5-10 VENDORS $25
10-25 VENDORS $50
25-50 VENDORS $75
50 + OVER $100
ARTS & CRAFTS, ETC. TOTAL 600 9 N/C 600 0
TOTAL 136,105' 126,626 (9,479)
02/19/91
4:E
MDD
PAGE 4 ' EXHIBIT E G/R = GROSS RECEIPTS WITH $25 MINIMUM ANNUAL TAX
BUSINESS LICENSE REVENUES
LAST TEN FISCAL YEARS
BUSINESS REVENUE
FISCAL LICENSE INCREASE
YEAR POPULATION REVENUE PERCENT
1980-81 ' 105,611 $ 566,424 0
'1981-82 113,000 624,722 10.3
1982-83 117,822 748,239 19.8
1983-84 129,686 777,861 4.0
1984-85 138,518 868,402 11.6
1985-86 148,227 894,193 3.0
1986-87 153,399 957,121 7.0
1987-88 157,423 990,163 3.5
1988-89 161,750 1,076,102 ' 8.7
1989-90' 169,501 1,142,759 6.2
THE CURRENT BUSINESS LICENSE TAX RATES HAVE BEEN IN EFFECT SINCE~ JUNE 9, 1969.
EXHIBIT F
BUSINESS LICENSE CLASS DISTRIBUTION WITHIN
BUSINESS IMPROVEMENT DISTRICT TAX CLASSES
BY NUMBER OF BUSINESSES
CURRENT BUSINESS CURRENT BID CLASS
LICENSE CLASS 1 2 3 4 TOTAL
A 47 9 0 0 56
B 5 5 9. 0 19
C 4 6 27 85 122
D 1 0 0 0 1
FLAT RATE 28 20 3 2 53
EXEMPT ~-- 1 4 0 I 6
TOTAL 86 44 39 88 257
BID RATES:
CLASS RATE
1 ONE-HALF THE BUSINESS LICENSE TAX, NOT TO EXCEED $150
2 TWO TIMES THE BUSINESS LICENSE TAX, NOT TO EXCEED $400
3 THREE TIMES THE BUSINESS LICENSE TAX, NOT TO EXCEED $400
4 FOUR TIMES THE BUSINESS LICENSE TAX, NOT TO EXCEED $3,000
EXHIBIT G
5.02.370'5.04.010
urposeshas been issued to any persOn by th(
Chapter
5.04
ct~,y and the tax paid for the business for wkidh '.
th~business tax certificate has been issued ur BUSINESS IMPROVEMENT
thex )rovisions of any ordinance heret ..... DISTRICT TAX
d and the term of such tax
has not expired, then the tax Sections:
for the business by this shall 5.04.010 Purpose, intent and use of
not be until the expiration term revenue.
of such fired business tax (Prior 5.04.020 Definitions.
code.§ 6. 00). 5.04.030 Procedure for establishment
of business improvement district.
5.02.370 dation-Penalty. 5.04.040 Additional tax-Rate.
Any person any of the 5.04.050 Additional mx-Collection'.
provisions of :hapter :g to.the require- 5.04.060 Additional mx-Change of rate.
ments of tax certificate, 5.04.070 Changes in district boundaries.
or the requirements a business tax " 5.04.080 Notices and hearings.
certificate, or the ret ents of providing and
certifying information ~uired by this chapter, 5.04.010 Purpose, intent and use of revenue.
or knowingly ~ting to any officer.or A. 'The purpose and intent'of this chapter is
employee of tkis cat' material fact in to impose a tax upon those businesses in a
providing' the inf, required by this business.improvement district which is greater
chapter shall be reed of a misdemeanor, than the general business hcense tax in the city
and upon convic)4on/ thereof ~all be punishable outside of such a district, and to use ~he
pro-
by a fine of no/t more than fJv6~hundred dollars ceeds from the additional tax revenue for the
or.by impriso/g_ment in the city jhxil for a period purpose of promoting events Which take place "
of not more/than six months, or~y both such in such district which are of a public nature of
fine and in;~risonment. (Priorcode~6.20,240). general interest and concern t0 the community
and the businesses in the district, and to pro-
5.02.38~ Remedies cumUlative. ~ mote increaSe in business generally in the
All /remedies prescribed uno'er this~chapter business improvement dis~r/ct. Such activities'
shall/16e cumulative and the use of one o~ more may include, but shall not be limited to the
any
remedies by fne city shall not'bar the use 6{ folio}ring:
otter remedy for the purpose of enforcingkxthe 1. Decoration of an>, public place in the
pfovisi~ons of this chapter. (Pn~r code~§ district;
//6.20.290)' " '' ~l 2. Promotion of public events which are to
take place on or in public places in such district:
3. Furnishing of music in any public place
in the district;
4. The acquisition, construction or main~
tenance of pubhc improvements, including
parking lots, benefiting the district;
5. Financial aSsistance to the :Bakersfield
Community 'Redevelopment Agency on
projects within the business improvement distr~ct;
6. The general advertising of the district,
and development of means to increase business
PAGE I EXHIBIT H
5.04.020'5.04.030 .
activity' in the district; this chapter is also held by the council to determine whether or not
intended to be construed liberally, and in the to adopt a resolution to establish such district;
event any part should be held invalid,' the 3i The uses to which the additional revenue
remaining part or parts shall remain in full force derived from the additional tax for a business
and effect; the city council shall have sole discre- hcense will be put which shall be the same as
tion as to how the money derived from this tax those provided for by this chapter;
is to be used within the scope' of the above pur- 4. That the establishment of a business
poses; however, the city council may appoint improvement district shall cause an additional
existing adVaSory boards or commissions to make tax for business licenses for those businesses
recommendations as to its use, or the council conducting their activities in such district, and
may create new advisory boards or commissions that such increase shall be in accordance with
for the purpose; all such advisory board the schedule provided by this chapter, which
members are to be selected on the basis of con- schedule shall be set 'forth at length in the
ducting a business activity within the business resolution;
improvement district. (Prior code § 6.50.030). 5. That any interested person may rifle a
written protest, prior to the heating and may
5.04.020 Definitions. also appear at the hearing and present evidence..
For the purposes of this chapter, the words B. Notice of the hearing provided for by
set out in this section shall have the following the resolution of intention shall be published
meaningS: and mailed in accordance with subsection A of
,A. "Additional tax for a business license'" Section 5.04.080, except, however, such notice
means the tax established by this chapter shall consist of a complete copy of the resolu-
initially, or as may be changed in accordance tion ofiniention to establish a business'improve-
with the procedures hereinafter prescribed for ment district.
businesses conducting their activities within a C. The hearing specified in the resolution of
business improvement district; in addition'to the' intention shall be held prior'to the .adoption of
regular tax imposed upon various businesses a resolution establishing a business improve-
generally not in such business improvement ment district. Such heanng shall be held in
district, accordance with subsection B' of Section
B. "Business" means all types of businesses. 5.04.080.
C. "Business improvement district" means an D. If it is determined by the council after
area in the city which has been designated a the heanng that such a district should be
business improvement district pursuant to the created,' the council may approve of such a
procedures set forth in this char)ret. (Pr/or code district by adopting-a resolution establistung
-§ 6.50.010). the district. This resolution shall contain the
following information:
5.04.030 Procedure for establishment of 1. The number, date and title of the
business improvement district, resolution of intention pursuant to which it
The council may establish a business improve- was adopted;
merit district by the following procedure: 2. The tn'ne and place the hearing was held
A. Adoption of a resolution of intention to concerning the formation of such district;
establish a business improvement district which 3. The description of the boundaries of
shall con'rain the following information: such district;'
1. A description of the proposed boundaries 4. A statement that the businesses in the
of such district; district created by the resolution shall be' subject
2. The time and place when a hearing shall be to the provisions' of the additional tax provided
187
PAGE 2 EXHIBIT H
5.04.040
by this chapter; Geologist
5. A statement that a business improvement Insurance adjuster
district has been created pursuant to the Labor relations
provisions of this chapter. Newspaper
The council, may, however, modify the Optical supplies
boundaries of /he district as described in the Optometrist
resolution of intention based uPon the evidence Pawnbroker
· presented, provided the council proposes such Physician and surgeon
change and continues the hearing until a later Private investigator
time and notice of the proposed change and the Radio/TV station
time and place of th~ continued hearing is given Shoeshine
in accordance with subsectibn A of Section Cardroom
5.04.080. (Prior'code § 6.50.040). Class I shall also include all businesses not
listed in class II, class III or class IV below in
5.04.040 Additional tax-Rate, this section.
There is imposed the following 'tax for a
business license for ali' businesses conducting 2. Class II businesses: (2x)
their activities in a business improvement Businesses in this class shall be taxed as. an
district, which is in addition to the regular tax additional tax for a business, license two
imposed upon various businesses generally not in times their ordinary business license not to
such business improvement district, exceed, four hundred dollars.
A. All businesses in such district shall be Advertising agency
subject to th_is additional taxation.if they are Apartment/rooming house
subject to taxation by the city under the Auto agency (new/used cars)
business hcense tax ordinance, codified in Auto parts, retail
Chapter 5.02. Auto repair
B. The tax imposed by this chapter as Barbershop/college
additional tax for a business license shall be Beauty shop/college
based upon .the following schedule: Billiards/pool tables
1. Class I businesses: (½x) . Business school
Businesses in th.is class shall be taxed as an Cleaning and pressing
additional tax for a business hcense one-half Clothing alterations
times their ordinary business license not to Collection agency
exceed one hundred fifty dollars. Employment agency
Accountants Finance company
Answering service, Hearing md
Appraisals. : J uk ebox
Attorney Loan/mortgage fn-rn
A~ito parts, wholesale Motor home sales
Bakery mfr., no retail sales Parking lot
Barber/beauty supplies, wholesale Photo machine
Chiropractor Photographer only
Collection agency Pinball machine
Court reporting Radio/TV repair
Dental lab Real estate broker and sales
Dentist Savings and loa'n, associations
· · 188 .
PAGE 3 EXHIBIT H
" 5.04.050-5.04.070
..... ~ Service station C. New business(~s in such district' shall bc
Travel agency exempt from any assessment under this chapter
Watch repair, nosates I'or .three montils after' opening doors for
business, and will theta bt' assessed in accordance
3. Class III businesses' (3x) with their clas'sification, with tile annual amount
Businesses in this class shall be taxed as an. due to be paid on a pro rata basis depending
additional tax for a business license three upon tile portion of the year during which
times their ordinary business license not to assessments are due and pay!lblc.
excbed four ht, ndred dollars. D. Any business, person or institution
B~er bar located within rile'business improvement district
Cafe/restaurant wtlicl~ is exempt from tile payment cfa business
Cocktail lounge license tax by tlie state, constilution is not taxed
Electric shaver repair under this chapter but may make a contribution
Hotel/motel for tile purpose provided bv this Chapter. (Prior
Interior decorator, no sales code ~ 6.50.050).
Jewelry repair/mfg., no sales
Printer/mimeograpli 5.04.050 Additional tax-Collection.
Snack bar/candyst:~nd Tile collection of the additional tax for a
Shoe repair business license for any business improvement
Stockbroker and bond broker district Shall be made
Theater the same manner as any' other business license
tax and all lWovisions of Chapter _.0_ relative to
4. Class IV businesses' cnforcemcnl and collection arc applicable
"t Businesses in this class shall be taxed as ail this chapter. {Prior code ~ (}.50.060).
additional tax for a business license four times
' their ordinary business license not to exceed 5.04.060 Additional tax-Clmnge of ra~e.
three thousand dollars. A. Changes may hc made in thc rate of
additional tax for a busint.~ss license hv ordi-
Retail sales, where sevcnty'-fivc percent of tile nancc of thc councit: however, no cleanses shall
gross receipts arc deriv, cd from such sales, hc made unless and until a hcarin,._, is held and
Secondhand dealers, notice thereof is t'ivon in accordance with
Seclion 5.04.080.
5. Class V businesses: ..... B. Such notice si~all contain linc time and
Businesses ill this class shall he ta×ed'as iln place where thk' hearing shall Iht held and a
additional tax J'or a husinc:ss liccm, c tile sum description of tiw proposed, ci~angc in thc rate
of five dollars pq~ycar, of additional tax for a business license. (Prior
code ~
Class \'" st~all include retail businesses wl~osc
licenses are based on gross receipts Ifalting 5.04.0'70 Changes in dislrict boundaries.
under class IX/) whose gross income for tl~e A.. Changes may hc made in thc boundaries
previous .,.,ear is less than ten thousand dollars of any business ~mpr(wcmcnl district by a
aiqd whose net profits, before o,wner's salary, resolution of tiw council' ho~ever..no, ciianges
are lessttlan five thousand dollars, silall be made unless and. until a hearing is held
and notice tilercof is ,_,iven in accordance with
This classil'ication shall be in bi'feet for tile Section 5.04.080.
lqF3-lg'74 l'iscalycarand thcrcafler. B. Such nolicc silall contain tile tiil'lC aF~d
] 89 Bakersfield 9-89)
PAGE 4 EXHIBIT H
place when the hearing shall be held and ~5.06.040 License-Applicationprocedure./
a description of the proposed change of the ~.06.060. Operating conditions. /
district b0undarv. (Prior code § 6.50.070). 5'~06.070 Postino
5.~6.080 Minors prohibiled.
/
5.04.080 Notices and hearings: 5.0~.090 Owner's responsibility. /
A. Whenever this chapter provides for a hear- 5.06~1 O0 ' Adult'bookstores near scho/Cls.
ing and a notice therefor, such notice shall be 5.06.1510 Abatement. //
given as follows: 5.0611~ Violation,Penalty. ,/
1. One publication in a newspaper published Definitions. //
and circulated in the city: 5.06.0i0
" Mailing of such notices, postage prepaid, in For tile l¥1rposes of this chaptcr,/the' words
a sealed envelope, by the United States mails, set out in..tl~Ns sect,on shall have t)4c tollowm,_,
addressed to all businesses 'which conduct mcanmes:
activities within any proposed or established A. "Adult [¥okstorc" means z}/pk~cesituatctl
business improvement district as shown upon. in thc incorpor ti area of thc/ltv in any part
the active business licenses on file with tile of which place l~w operator t~crcof keeps for
finance director, and to all property owners in purposes of salc.\rcntal or d,j'~sptav lo persons
'such district as shown upon the last equalized w ~o enter such plhcc mattc~wlnch is harml'ul
· assessment roll of the count), at the addresses matter or of a nature whic,h would _}t~st'ii'v thc
\.
shown on such roll; finding ora grand jur.,,,,~ or nySgistratc that there is
3. Both publication and mailing of notices probable cause to b~licv/ such matter, to be
shall be completed at least ten days prior to the harmful Illatlcr: proki~ed, howcvci'. "adult
holding of any heanng required by this chapter, bookstore" does not ~can. and this chapter
and such notices shall contain the designation of shall not apply' to. an/~usincs~ renting and,'or
the time and place of the heanng and a state- sclhng v~dco tapes a~¢/or~thscs, u: winch thoro
ment describing the subject matter of such hear- arc no facilities for trio publ~c to view such tapes
ing. on thc prcmist~s. )/~ whicl~thc proporlion of
B. Whenever a imaring is held under this video tapes and tli&cs which ~4rc harml'ul lmtttcr
chapter, the council shall hear all protests and constitute less t n ten per nt el thc total
receive evidence for or a~_ainst tile 'proposed tapes and dis~'s.~iisplavcd on tlw.prcmiscs, and
action: the council shall also rule upon all pro- in which no'oVhcr harmhd matter Ic.g.. b~oks.
tests which determination shall be final' and ma,_,azines, ph()to,-'raDhS, and mention pictures}
tile council may continue the heanng from time is rented, sol¢l or displayed.. .'\
to time. (Prior code 5 6.50.020). j B.' "Harmful matter" shall ha{,c the same
meaning arJd the same definition as'that phrase
~ Chapter 5.06 ,~ defined in."Chapter 7.6 of Title 9 of Part 1 of theCalifomia. ' Penal' Code. "\
\.
x~ BOOK ST/O/R/ES" C. ;' "
/ Matter shall have the same meamng and
the sa.me definition as that word is de£med in
Sections: ~ ,,,// Chapter 7.6 of Title 9 of Pan 1 of the Cal}{'omia
5.06.010 Definitio'rB. Pena~ Code. ~ .
5.06.020 Lice?se-Reqmred- D. "Operate an adult bookstore" and "o~)era-
· . COi:nPliance witlxi'~'local, state tine an adult booksto'rc" mcan to own. lease'",ias
/'"'and federal laws rec . lessor or lessee'}, rent (as landlord, tenant or
5.06.03'0' License-Condiiions for tss.~an'ce, i'~ent for tile limited purpose described in t.l{c
"('Bakersfield 9-89) ] 90
PAGE 5 EXHIBIT H
BUSINESS IMPROVEMENT DISTRICT REVENUE
CURRENT CURRENT ~ROJECTED
CLASS REVENUE REVENUE*
1 4,476 4,262
2 2,663 3,685
3 4,614 5,491
4 23,615 27,805
TOTAL 35,368 41,243
*REVENUE PROJECTIONS INCORPORATE PROPOSED BUSINESS LICENSE TAX RATES.
EXHIBIT J
BUSINESS IMPROVEMENT DISTRICT TAX PROPOSED
PROJECTED REVENUE*
UNDER ALTERNATE
BID TAX RATES
PROPOSED
BID CLASSES X y
A - PROFESSIONALS 4,234 9,369
B-- ALL OTHERS 31,514 31,273
TOTAL 35,748 40,642
PROPOSED
BID TAX RATES
X BID CLASS A: ONE-HALF THE BUSINESS LICENSE TAX, NOT TO EXCEED $200
BID CLASS B: THREE TIMES THE BUSINESS LICENSE TAX, NOT TO EXCEED $600
Y BID CLASS A: ONE-HALF THE BUSINESS LICENSE TAX, NO MAXIMUM
BID CLASS B: TWO TIMES THE BUSINESS LICENSE TAX, NO MAXIMUM
*REVENUE PROJECTIONS INCORPORATE PROPOSED BUSINESS LICENSE TAX RATES.
EXHIBIT K
BUSINESS IMPROVEMENT DISTRICT TAX CHANGE
BY NUMBER OF BUSINESSES
UNDER ALTERNATE X AND Y
BID BUSINESSES PAYING NO TOTAL
ALTERNATE MORE LESS CHANGE BUSINESSES
X 160 65 32: 257
Y 142 89 26 257
RANGE OF INCREASED TAx "'
BY NUMBER OF BUSINESSES
TOTAL
ALTERNATE $1-50 $51-100 $101-200 $20i-300 $301-400 '$401-500 OVER $500 BUSINESSE,~ '
X _71 77 4 5 0 3 0 160
Y 120 5 5 2 3 0 7 '* 142
*Largest Increase under alternative Y $4,304 , ..
RANGE OF DECREASED TAX'
BY NUMBER OF BUSINESSES
-: TOTAL
ALTERNATE $1-50 $51-100 $101-200 $201-300 $301-400 $401-500 OVER $500 BUSINESSES
X 28 15 14 2 0 0 6 * . 65
Y 36 22 13 7 7 1 3 · .~ 89
· Largest decrease under each alternative: X $2,4{)0 Y $560
EXHIBIT L
BUSINESS IMPROVEMENT DISTRICT TAX COLLECTED
LAST SIX FISCAL YEARS
.TAX
FISCAL 'TAX DECREASE
YEAR COLLECTED PER CENT
'1985.86 $ 59,288 0
1986-87 56,817 4.2
1987-88 55,625 2.1
1988-89 43,461 21.8
1989-90 36,639 15.7
1990-91 36,000 EST. 1.7
EXHIBIT M ·
'M E M O,R A N D U M
MARCH
5,
1991
TO: J. DALE HAWLEY, CITY-MANAGER
FROM: GREGORY J. KLIMKO, FINANCE DIRECTOR/Y'U/~/~'~
SUBJECT: BUSINESS LICENSE ORDINANCE REVISION
The Business License Tax Ordinance was reviewed by staff to determine if it was
a detriment to businesses considering relocation to Bakersfield. According to a
1987 survey, 420 of 447 California cities have Business License Tax Ordinances.
Generally those cities without Business License Tax Ordinances are non-
commercial, primarily residential or bedroom type communities. An analysis of
the State Controllers Report (1987-88) for California charter cities indicates
that business license tax revenues represent 5.8 per cent of general fund reve-
nues statewide. Bakersfield is considerably below the State average at about
1.85 per cent. This suggests that Bakersfield's business license rates are com-
.petitive statewide and should be attractive when businesses are considering the
possibi.lity of relocating to Bakersfield. The proposed changes in rates, which
are revenue neutral, should not change this favorable attribute.
Current business license tax rates were established in June 1969. Approximately
75 per cent of the businesses pay a tax based on gross receipts while the
remaining 25 per cent are based on a flat rate. As gross receipts have
increased the City's revenue has grown accordingly without increasing rates, consistent
with the intent of the ordinance - a revenue raising measure. However, many of
the flat rates, and the $10.00 minimum tax have not kept up with inflation and
the related cost of living, tn the 22 years the $10.00 minimum tax has been in
effect, the Consumer Price Index (CPI) has gone from 108 to 401, a 271 per cent
increase. An increase based upon the CPI'would result in a minimum tax of
$37.10. It is recommended the minimum'tax be increased to $25.00.
California Government Code now requires that a business license tax, imposed
upon a business operating both within and outside a jurisdiction, be levied so
that the measure of tax fairly reflects that portion of the taxed activity actu-
ally carried on within the taxing jurisdiction. Flat rates were analyzed to
assure government code compliance. It was found-flat rates do not accurately
reflect taxation on gross receipts generated within City limits. Additionally,
the analysis revealed no apparent reason for most of the ft.at rates to be in
effect particularly from an equity payment standpoint. For example, barbershops
and beauty shops are taxed at the flat rate of $6.00 per chair annually. Yet, a
secondhand furniture dealer is taxed $100.00 annually. It is recommended that
virtually all flat rates be converted to a gross receipts tax base with a $25.00
minimum annual tax as shown in Exhibit E. Categories remaining on a flat rate
basis would be pool tables, card rooms and coin operated entertainment machines
where gross receipts are somewhat difficult to measure. The impact on the
City's revenue and cost figures for individual businesses effected by this con-
version are not readily available because flat rate businesses do not report
gross receipts. Therefore, estimated revenue in Exhibit E is based on the
assumption that businesses converted to gross receipts would pay a $25.00 mini-
mum tax.
J. DALE HAWLEY, CITY MANAGER .
MARCH 5, 1991
PAGE TWO
In the process of reviewing the minimum tax and flat rates, the overall business
license tax rate structure was analyzed. There is no apparent basis for the
existence of different tax rates for businesses classified as retailing, manufac-
turing or wholesaling. The tax rates for retailers are essentially between
manufacturing which is higher, and-wholesaling, which is lower. Therefore, in
.order to eliminate the somewhat discretionary classification selection at the
time a business license application is filed and improve payment equity, it is
recommended classifications B (manufacturing), C (retailing) and D (wholesaling)
be eliminated and all these types of businesses be taxed at the same rate. The
proposed rate structure is shown in Exhibit A. The overall impact of the pro-
'posed rates is essentially revenue neutral as Exhibit B indicates.
The following is a list of exhibits by title that show the effects of proposed
changes to the business license tax rates:
Exhibit A - GROSS RECEIPT RATES
CURRENT AND PROPOSED
Exhibit B - BUSINESS LICENSE TAX REVENUE CURRENT VS PROPOSED RATES
Exhibit C - BUSINESS LICENSE REVENUE
VARYING GROSS RECEIPTS
CURRENT VS PROPOSED RATES
Exhibit D - BUSINESS LICENSE TAX
EFFECT OF PROPOSED CHANGE
BY NUMBER OF BUSINESSES
Exhibit E - (Pages 1 - 4) - CURRENT ANNUAL REVENUE FROM FLAT RATES
COMPARED TO ESTIMATED MINIMUM
REVENUE FROM PROPOSED RATES
Exhibit F - BUSINESS LICENSE REVENUES LAST TEN FISCAL YEARS
krc
D:M.BD7
~ROSS RECEIPT RATES
CURRENT AND PROPOSED
RATES ARE CENTS PER $'1,000 OF GROSS RECEIPTS
CURRENT* pROPOSED
CLASS GROSS RECEIPTS RATES GROSS RECEIPTS RATES
A $1 and more .65 ~-~ $1 and more .65
13 $1-600,000 .35 $1 - 1,000,000 .30
$600,001 and more .17 $1,000,001 -10,000,000 .15
$10,000,001-100,000,000 .05
$100,000,001 and more .01
C $1-600,000 .30 $1 - 1,000,000 ~ .30
$600,001 and more .16 $1,000,001 -10,000,000 . $ 5
$10,000,001-100,000,000 .05
, $100,000,001 and mo~e .01
D $1-600,000 .25 $1 - 1,000',000 .30
~ $600,001 ' and more .15 $1,000, O01 - 10,000,000 .15
$10,000,001-100,000,000 .05
$100,000~001 and more .01
MINIMUM 'TAX' 10.00 -' MINIMUM ~AX 25.00
EXAMPLES OF TYPES OF BUSINESSES IN EACH CLASS:
A PROFESSIONAL: ACCOUNTANTS, PHYSICIANS, A]¥ORNEYS, CONSULTANTS SUCtl AS
GEOLOGISTS AND ENGINEERS
B MANUFACTURING: PRINTERS, DRY CLEANERS, SOFT DRINK BO~I-LERS,
ICE CREAM PLANTS AND MACHINE SHOPS
C RETAIL: RESTAURANTS, BOWLING ALLEYS, DEPARTMENT STORES
AND SPECIALTY SI tOPS
D WttOLESALE: BUSINESSES TtlAT SELL WHOLESALE INCLUDING
AUTOMOBILE DEALERS
'TItESE RATES WERE ADOPTED JuNE 9, 1969.
EXHI131T A
BUSINESS LICENSE TAX REVENUE
CURRENT VS PROPOSED RATES
NUMBER OF
CLASS BUSINESSES CURRENT' pROPOSED
A 2,265 $ ~77,887 $ 399,677
B 2,804 150,617 158,454
C 2,759 402,687 ' ' 413,474
.D 325 133,766 114,028
FLAT RATE 2,348 136,105 126,626
TOTAL TAXABLE 10,501 * * $ 1,201,062 $ 1,212,259
FLAT RATE CHANGED TO GROSS RECEIPTS PER EXHIBIT E. THIS IS THE ESTIMATED MINIMUM TAX REVENUE PER YEAR.
ACTUAL MAY BE MORE BUT GROSS RECEIPTS INFORMATION IS NOT CURRENTLY AVAILABLE.
* 'ADDITIONALLY, 352 BUSINESSES ARE EXEMPT BY GOVERMENT CODE: BANKS INSURANCE coMPANIES AND
CHARITABLE ORGANIZATIONS.
EXHIBIT B- .
BUSINESS LICENSE TAX
VARYING G'ROSS RECEIPTS
· CURRENT VS PROPOSED RATES
CLASS RECEIPTS CURRENT PROPOSED'
A $ 1,000,000 $ 650 $ 650
Professional 9,000,000 5,850 5,850
10,000,000 6,500 6,500
90,000,000 58,500 58,500
$ 100.000,000 $ 65,000 $ 65,000
B $ 1,000.000 $ 278 $. 300
Manutacturing 9,000,O00 1,530 1,350
10,000,000 1,808 1;650
..: 90,000,000 15,300 4,500
$ 100,000,000 $ .17,108 $ 6,150
C $ 1,000,000 $ 244 $ 300
Retail .. 9,000,000 1,440 1,350
10,000,000 1,684 1,650
90,000,000 14,400 4.500
$ 100,000,000 $ 16,084 $' 6,1'50
D $ 1,000,000 $ 210 $ 300
Wholesale 9,000,000 1,350 1,350
'10,000,000 1,560 1,650
90,000,000 13,500 4,500
$ 100,000,000 $ 15,060 $ 6,150
!
EXHIBIT C
BUS!NESS LICENSE TAX
EFFECT OF PROPOSED CRANGE
BY NUMBER OF BUSINESSES '
RUSI'i',IE$SES
TOTAL BUSINESSES PAYING NO PAYING MIN.
CLASS BUSINESSES MORE LESS' CHANGE $25 TAX
A 2,265 1,031 0 1,234 991
B 2,804 2,232 540 32 2,248
C 2,759 1.667 52 1,040 1,155
D 325 303 16 6 99
FLAT 2,348 677 1,502 - 169 __619
TOTAL 10,501 5,910 2,110 2,481
RANGE OF INCREASED TAX
BY NUMBER OF BUSINESSES
TOTAL
CLASS ' $1-100 $101-200 $201-300 $301-400 $401-500 $501-1,000 __OVER $1,000 BUSINESSES
A 1,031 0 0 0 0 0 0 1,031
B 2,232 0 0 0 0 0 0 2,232
C 1,667 0 0 0 0 0 0 1,667
D '303 0 0 0 · 0 0 0 303
FLAT 677 0 0 0 0 0 0 677
TOTAL 5;910 0 0 0 __ 0 0 0 5,910
RANGE OF 13ECREASED TAX
BY NUMBER OF BUS NESSES
TOTAl_
CLASS $1-100 $101-200 $201-300 $301-400 $401-500 $501-1,000 OVER $1,000 BUSINESSES
A 0 0 0 0 0 0 0 0
B 524 8 1 0 0 3 4 ' 540
C 19 4 5 1 4 9 10 ' 52
D 0 2 0 0 1 3 10 ' ~6
FLAT 1,450 38 9 0 · 1 4 'J 0 1,502
'rO~-AL 1,993 52 15 1 6 _ 19 __24 2,110,,
- 'Large'si decrease lot a business in each. classlltcation: B $5,821 O $2,224 13 $6,045
EXHIBf[ P
CURRENT CURRENT NUMBER PROPOSED ESTIMATED ESTIMATED
FLAT RATE ANNUAL BUSINESSES ' ANNUAL MINIMUM REVENUE
CLASS DESCRIPTION QUARTER ANNUAL REVENUE MACR./DEVICES RATE REVENUE GAIN(LOSS)
701 PRODUCING OIL WELLS
1 ST 1 O0 WELLS(EA) 20 ,4,2B0 214 25 5,350 1,070
2ND 100 WELLS(EA) 10
OVER 200 WELLS(EA) 5
702 INDUSTRIAL SERVICING
& OILFiELD REPAIR 20 540 27 GIR 675 135
704 PINBALL. MAClilNES &
AMUSEMENT DVlCES(EA) 12 9,456 788 25 19,700 10,2,~ 4
706 . AUCTIONEER 60 120 2 G/FI 50 (70)
708 BAIL BOND BROKER 100 0 0 G/R 0 0
710 BARBER SHOP(PER CHAIR) 6 510 85
" (PER BUSINESS) 35 G/R 1~75 365
711 BEAUTY SI-lOP
(PER OPERATOR) 6 4,296 716
(PER BUSINESS) 158 G/R 3,950 {346)
712 BARBER SCROOL 96 0 0 G/R 0 0
713 BEAUTY SCHOOL 96 192 2 GIR 50 (142).
o
715 POOr. ]:ABLES(EA TABLE) 12 1,200 100 25 2,500 1,300
717 CARD ROOM 1STTABLE 100 1,200 3
EA. TABLE OVER 1 35 840 3
PER BUSINESS 3 100 300 (1,740)
719. CttRISTMASS TREE LOT 20 320 16 G/R 400 80
721 CONSTRUCTION:
$1 - 150,000 30 18 360 612 GIR 15,300 (3.060)
$150,001 - 1,000,000 60 17.,460 291 G/R 13,095 (4.365)
$1,000,001 · OVER 120 16,800 .140 GIR 21,000 4,200
PAGE 1 ExHiBIT E G/R = GROSS RECEIPTS WITH $25 MINIMUM ANNUAL TAX
CURRENT CURRENT NUMBER PROPOSED ESTIMATED ESTIMATI
FLAT RATE ANNUAL BUSINESSES ANNUAL MINIMUM · REVENUE
CLASS DESCRIPTION QUARTER ANNUAL FIEVENUE ~ MACH./DEVICES RATE REVENUE GAIN(LOSS)
723 CURB PAINTING 10 120 3 G/Fi 75 (45)
725 PUBLIC DANCES 10 1,200 30 25 750 (450)
727 HEALTH CLUB 40 640 16 G/R 400 (240)
729 HOTEL/MOTEL(FA ROOM) 0.75 3,615 4,020 1 4,820 1,205
731 . PEDDLING 10 2,040 51 G/R 1,275 (765)
733 ITINERANT MERCHANT 20 2,240 28 G/R 700 (1,540)
735 SECONDHAND FURNITURE
DEALERS 100 3,900 39 GtR 975 (2,925)
737 PAWNBROKER 200 1,400 7 G/R 175 '!'(1,225)
739 JUNK COLLECTOR 40 400 10 G/R 250 .(150)
741 JUNK DEALER - 100 500 5 G/R 125 (375)
743 PERSONAL LOANS(OTHER
TttAN PAWNBROKER) 100 2,000 20 G/R 500 (,1,500)
745 COMMERCIAL PAPER ~
PURCRASEPdFACTOR 100 400 !4 'G/R 100 (300)
749 MASSEUR 15 195 13 G/R 325 130
750 MINIATURE GOLF COURSE 20 20 1 GIR 25 5
752 MUSIC BOXES (FA) 10 820 82 25 2,050 1,230
754 NEWSPAPERS-DAlLY 500 500 1 G/R 25 (475)
756 PALMIST/FORTUNETELLER 300 2,700 9 G/R 225 (2,475)
758 COIN- OP. PHOTO MACttlNES(EA) 20 120 6 25 '~, 50 30
PAGE 2 ' 'EXHIBIT E GIR = GROSS RECEIPTS WITH $25 MINIMUM ANNUAL TAX
CURRENT CURRENT NUMBER PROPOSED ESTIMATED ESTIMATI~
' FLAT RATE ANNUAL BUSINESSES ANNUAL MINIMUM REVENUE
CLASS ' DESCRIPTION ' QUARTER ANNUAL REVENUE IVIACH./DEVICES RATE REVENUE GAIN(LOSS)
760. PRIVA~rE DETECTIVE/PROCESS
SERVER 20 , 520 26 G/R 650 130
761 PRIVATE PATROL
(EA PATROLLED BUS.) 20 940 47
(EACH BUSINESS) 16 G/R 400 (540)
762 PRIVATE PATROL WATCI IMAN
(EA PERSON) 10 0 0 G/R 0 0
763 SAVINGS & LOAN ASSNS. 100 0 -.
(EA BRANCtt/LOCATION) 23 25 575 575
764 SOLICITORS OF ADVERTISING
RADIO & TV 50 1,000 20 G/R 500 (500)
' 766. TAXI(EA VEHICLE) 15 2,880 48 · GIR 1,200 (1,680)
770 SCHOOLS-DANCING 20 280, 14 G/R 350 70
771 SCt IOOLS- SECRETARIAL,
TRADE, ETC. 20 1,160 58 GIR 1',450 290
772 SHOESHINING:I ST CHAIR 6 18 3
EA ADDITIONAL CHAIR 2 4 2 '
(PER BUSINESS) 3 G/R ~ 75 53
774 SHOOTING· GALI.ER¥/
TARGE¥ RANGE 100 0 0 GIR 0 0
776 PROFESSIONAL SPORTING 15 15 I G/R 25 10
EVENT
718 STOCKBROKER(PER AGENT)' 40 5,240 131
(PER BUSINESS) ; 31 G/R 775
780 DOOR-TO- DOOR/i-ELEPt tONE
SOLiCrroRs ' 10 4,880 9~ GIR 2,275 (.2,605)
PAGE 3 EXI-tlBIT E G/R = GROSS RECEIP'rS WII-I t $25 MINIMUM ANNUAl_ TAX
cURRENT CURRENT- NUMI3ER PROPOSED ESTIMATED ESTIMATED
FLA-[ RATE. ANNUAL BUSINESSES ANNUAL . MINIIvlUM REVENUE
CLASS DESCRIPTION QUARTER ANNUAL REVENUE MACIt.IDEVlCES RATE REVENUE GAIN(LOSS)
782 TENT SHOWSiCIRCUS/EXHIBITS · 500 0 0 GIR 0 0
784. AMUSEMENT RIDING DEVICES 12.50 13 1 GIR 25 12
785 CARNIVAL AMUSEMENT GAMES 7§0 750 1 GlR 25 (725)
786 AMUSEMENT RIDES-PERMANENT 50 200 4 GIR -100 (100)
788 WEIGHING MACHINES 1 0 0 25 0 0
(ENTERTAIN/VlENT)
790 ADMIN. OFFICE SPACE
(PER 100 SQ.FT.) 1 17,594 203 1 ($25 MIN) 19,754 2,160
79i STORAGE & WAREHOUSING:
INDOOR FLOOR/lO0 SQ.FT. 0.50 0.50
OPEN yARD/100 SQ.FT.' 0.10 0 10
TOTAL 1,627 13 ($25 MIN) 1,657 30
794 ARTS & CRAF[S FAIRS, ETC.
5-10VENDORS $25
10-25 VENDORS $50
25~50 VENDORS $75:
50 + OVER $100 _
ARTS & CRAFTS ETC. TOTAL 600 9 N/C 600 0
TOTAL 136,105 126,626 (9,479)
PAGE 4 '! " EXItlBIT E G/R = GROSS RECEIPTS WITH $25 MINIMUM ANNUAL TAX
BUSINESS LICENSE REVENUES
LAST TEN FISCAL YEARS
BUSINESS REVENUE "
FISCAL LICENSE INCREASE
YEAR POPULATION REVENUE PERCENT
1980-81 105,611 $ ' 566,42~I 0
1981-82 113,000 624,722 10.3
1982-83 117,822 748,239 19.8
1983-84 129,686 777,861 4.0
!984-85 138,518 868,402 11.6
1!985-86 148,227 894,193 3.0
!986-87 153,399 957,121 7.0
1987-88 -157,423 990,163 3.5
1988-89 161,750 1,076,102 8.7
1989-90 169,501 1,142,759 6.2
THE CURRENT BUSINESS LICENSE TAX RATES ItAVE BEEN IN EFEECT SINCE JUNE 9, 1969.
EXHIBIT F '
_1501 Truxtun Avenue - ... - ...... : -- ' - ............
I would like to go on record as a downtown business owner that is very-displeased ~'"'
with the Business Improvement District Ordinance. ' . : ' :_: .: ' '
I have maintained my business in the downtown area since May of 1977' and in that
time my business has ~aid some $20,000.00 towards 0owntown improvement. /he
only "improvements" I have seen is some Brickwork at 19th & Chester which has
resulted in a ~athering place for the homeless and other questionable people. In
addition, endless studies have Been made and paid f6r from the fund which have
resulted in no action or improvement. For this, the strugglin~ downtown Business
owners are expected to pay 400% premium on their ~usiness license. I think
business owners should Be encouraged to maintain their downtown locations, not
discouraged ~y unfair assessment of additional fees.
If anythin~ can Be done to repeal. this unfair and unnecessary ordinance I will
support that action gladly.
Sincerely, ·
Don-'¥i ~narol)C~wner. -
EL ITE. INTEI~IORS '
2235 H STREET · BAKERSFIELD, CALIFORNIA 93301 ·~ (805) 327-9941 · FAX (805) 322-3869
B A K E R S F i E L.D
' GtTY M,AN/~(~F-~S OFFI(~E
JOHN STINSON
ASSISTANT TO THE CITY MANAGER
FOR RELEASE CONTACT PERSON:
March 11, 1991 William C. Descary
Treasurer
326-3032
NEWS RELEASE
At the request of the City Council, staff has analyzed the City's Business
License Tax Ordinance. Staff is recommending a more uniform business type clas-
sification and rate structure. The proposed changes are overall revenue
neutral, i.e. do not result in additional revenues to the City because of the
chan§e. The proposed revision to the City's Business License Tax Ordinance will
be presented to the City. Council at a public wOrkshop on March 13, 1991 and
changes could be effective by July 1, 1991. The workshop is scheduled for
5:15 p.m. in the Council Chambers at 1501Truxtun Avenue.
Current business license rates were established in June 1969. Approximately
75 per cent of the businesses pay a tax based on gross receipts while the
remaining 25 per cent are based on a flat ·rate. As gro~s receipts have
'increased the City's revenue has grown accordingly without ·increasing rates.
The flat rates and the $10.00 minimum tax have not kept up with inflation and
the related cost of living over the 22 years the rates have been in effect.
The various business classifications and rates under the existing ordinance
were analyzed. No apparent basis was found for the existence·of different rates
MORE
City of Bakersfield · Treasury Division · P. O. Box 2057
Bakersfield · California · 93303
, (805). 326-3757
FOR RELEASE
March Il, 1991
P age Two
for businesses classified as retailing, manufacturing or wholesaling under a
gross receipts tax structure. In order to eliminate the.somewhat discretionary
classification process and improve payment equity, staff is recommending the
three classifications be combined and be taxed at the same rate.
The City received $1.14 million or about two per cent of the General Fund
from business license revenue for the fiscal year ended. June 30, 1990. This
revenue source helps pay for Police, Fire, Public Works, and other Public
Services. According to a recent survey, 420 of 447 California cities have
Business License Tax Ordinances. Those cities without Business License Tax
Ordinances are non-commercial, primarily residential or bedroom type com-
munities. An analysis of the State Controllers Report (1987-88) for California
Charter cities indicates that business license tax revenues represent 5.8 per
cent of General Fund revenues statewide. Bakersfield is considerably below the
State average at ~about 1.85 per cent. This suggests that Bakersfield's business
license rates are competitive statewide and should be attractive when businesses
are considering the possibility of relocating to Bakersfield
~--' CURRENT CURRENT ' NUMBER PROPOSED ESTIMATED ESTIMATED
'~ FLAT RATE ANNUAL BUSINESSES ANNUAL MINIMUM REVENUE
CLASS DESCRiPTiON QUARTER ANNUAL REVENUE MACH./DEVlCES RATE REVENUE GAiN(LOSS)
701 PRODUCING OIL WELLS
': .1 ST 100 WELLS(EA) 20 4,280 214 25 5,350 1,070
~ 2ND 100 WELLS(EA) 10
OVER 200 WELLS(EA) 5
, : 702 INDUSTRIAL SERVICING
~ & OILFIELD REPAIR 20 540 27 G/R. 675 135
' I ~ ' PINBALL MACHINES &
; ~ AMUSEMENT DVICES(EA) 12 9,456 788 25 19,700 10,244
' 706 AUCTIONEER 60 120 2 G/R 50 (70)
'r' 708 BAIL BOND BROKER ~00 0 0 G/R 0 0
710 BARBER SHOP(PER CHAIR) 6 510 85
(PER BUSINESS) 35 G/R 875 365
711 BEAUTy SHOP
(PER opERATOR) 6 4,296 716
(PER BUSINESS) 158 G/R 3,950 (346)
712 BARBER SCHOOL 96 0 0 GIR 0 0
713 BEAUTY SCHOOL 96 192 2 G/R 50 (142)
[ POOL 12 1,200 100 25 2,500 1 ,300
TABLES(EA
TABLE)
717 CARD ROOM 1 ST TABLE 100 1,200 3
EA. TABLE OVER 1, 35, 840 3
PER BUSINESS 3 100 300 (1,740)
719 CHRISTMASS TREE LOT 20 320 16 G/R 400 80
721 CONSTRUCTION:
$i- 150,000 30 18,360 612 G/R 15,300 (3,060)
$150,001 - ! ,000,000 60 17,460 291 G/R '~ 3,095 (4,365)
$1,000,001 .,, OVER '120 16,800 140 G/R 21,000. 4,200
PAGE 1 EXHIBIT E G/R = GROSS RECEIPTS WITH $25 MINIMUM ANNUAL TAX
CURRENT CURRENT NUMBER pROPOSED ESTIMATED ESTIMATED
FLAT RATE ANNUAL BUSINESSES ANNUAL MINIMUM REVENUE
'CLASS DESCRIPTION QUARTER ANNUAL REVENUE MACH./DEVlCES RATE REVENUE 'GAIN(LOSS)
723 CURB PAINTING i0 120 3 G/R 75 (45)
725 PUBLIC DANCES 10 1,200 30 25 750 (450)
727 HEALTH CLUB 40 640 16 G/R 400 (240)
729 HOTELJMOTEL(EA ROOM) 0.75 3,615 4,820 1 4,820 . 1,205
731 PEDDLING 10 2,040 51 GIR 1,275 (765)
733 ITINERANT MERCHANT 20 2,240 28 G/R 700 (1,540)
735 SECONDHAND FURNITURE
DEALERS 100 3,900 39 GtR 975 (2,925)
~37 PAWNBROKER 200 1,400 7 G/R 175 . (1,225)
739 JUNK COLLECTOR 40 400 10 G/R 250 (~50)
741 JUNK DEALER 100 500 5 G/R 125 (375)
743 PERSONAL LOANS(OTHER
THAN PAWNBROKER) 100 2,000 20 G/R 500 (1,500)
745 COMMERCIAL PAPER
PURCHASER/FACTOR 1 O0 400 4 G/R 1 O0 (300)
749 MASSEUR 15 195 13 G/R 325 130
750 MINIATURE GOLF COURSE 20- 20 1 G/R ' ' 25 5
MUSIC BOXES (EA) 10 820 82 r 25 2,050 1,230
754 NEWSPAPERS-DAILy 500 500 1 G/R 25 (475)
, 756 PALMIST/FORTUNETELLER 300 2,700 9 G/R 225 (2,475)
~ COIN-OP. PHOTO MACHINES(EA) 20 ' ~120 6 25 150 30
PAGE 2 EXHIBIT E G/R = GROSS RECE!PTS WITH $25 MINIMUM ANNUAL TAX
CURRENT CURRENT NUMBER PROPOSED ESTIMATED ESTIMATED
FLAT RATE ANNUAL BUSINESSES ANNUAL MINIMUM REVENUE ·
CLASS DESCRIPTION QUARTER ANNUAL REVENUE MACH./DEVICES RATE REVENUE GAiN(LOSS)
760 PRIVATE DETECTIVE/PROCESS
SERVER 20 520 26 G/R 650 130.
761 PRIVATE PATROL
(EA PATROLLED BUS.) 20 940 47
(EACH BUSINESS) 16 G/R 400 (540)
762 PRIVATE PATROL WATCHMAN
(EA PERSON) 10 0 0 G/R 0 0
763 SAVINGS & LOAN ASSNS. '100 0
(EA BRANCH/LOCATION) 23 25 575 575
764 SOLICITORS OF ADVERTISING
RADIO & TV 50 1,000 20 G/R 500 (500)
" 766 TAXI(EA VEHICLE) 15 2,880 48 G/R 1,200 (1,680)
770 SCHOOLS- DANCING 20 280 14 .G/R 350 70
771 SCHOOLS-SECRETARIAL,
TRADE, ETC. 20 1,160 58 G/R 1',,t50 290
772 SI--IOESHINING: 1ST CHAIR 6 18 3
. EA ADDITIONAL CHAIR 2 4 2
(PER BUSINESS) 3 G/R 75 53
774 SHOOTING GALLERY/
TARGET RANGE 100 0 0 G/R 0 0
776 PROFESSIONAL SPORTING 15 15 1 G/R 25 10
EVENT
778 STOCKBROKER(PER AGENT) 40 5,240 131
(PER BUSINESS) 31 G/R 775 (4,465)
780 DOOR-TO-DOOR/TELEPHONE
SOLICITORS 10 4,880 91 ' G/R 2,275 (2,605)
PAGE 3 EXHIBIT E G/R = GROSS RECEIPTS WITH $25 MINIMUM ANNUAL TAX
CURRENT CURRENT NUMBER PROPOSED ESTIMATED ESTIMATED
FLAT RATE ANNUAL BUSINESSES ANNUAL 'MINIMUM REVENUE
CLASS DESCRIPTION QUARTER ANNUAL REVENUE MACH./DEVlCES RATE REVENUE GAIN(LOSS)
782 TENT SHOWSi'CIRCU S/EXHIBITS 500 0 0
0
0
784 AMUSEMENT RIDING DEVICES 12.50 13 1 G/R 25 12
785 CARNIVAL AMUSEMENT GAMES 750 750 1 G/R 25 (725)
786 AMUSEMENT RIDES-PERMANENT 50 200 4 GIR 100 (100).
1 0 0 25 0 0
WEIGHING
MACHINES
(ENTERTAINMENT)
790 ADMIN. OFFICE SPACE
(PER 100 SQ.FT.) · 1 ! 7,594 203 1 ($25 MIN) 19,754 2,160
79i STORAGE & WAREHOUSING:
INDOOR FLOORJl00 SQ.I~r. 0.50 0.50
OPEN yARDI100 SQ.FT. 0.10 O. 10
TOTAL 1,627 13 ($25 MIN) 1,657 30
794 ARTS & CRAFTS FAIRS, ETC.
· ' 5-10 VENDORS $25
10-25 VENDORS $50
25-50 VENDORS $75
50 + OVER $100
ARTS & CRAFTS, ETC. TOTAL 600 9 N/C 600 0
TOTAL 136,105 126,626 (9,479)
02/~9191
4:E
MDb
PAGE 4 EXHIBIT E G/R = GROSS RECEIPTS WITH $25 MINIMUM ANNUAL TAX
is asking for a fair chance to elect one of .its own and to have
fair representation.
Ms. Carolyn Corbett, representing Jimmy's Arcade and
Entertainment Center, 4220 'California Avenue, spoke regarding the
proposed business license tax increase, advising that she was not
properly informed and did not even know about it until yesterday.
She expressed her concern· regarding the increase in the tax from
$12 to $25, which is an increase of 108.5 percent. Ms. Corbett
requested of the Council an extension, or a postponement on the
vote, so that businesses have time to better prepare and possibly
come up with another proposal or compromise.
Mr. Dan Crisp, 440 La Farge Drive, spoke regarding
business license fees, specifically with regard to Agenda Item
10.c., and encouraged the Council.to allow this matter to return
to committee and have discussion with members of the community that
are involved, in this and with staff, andpossibly return to a flat
rate, as well as possibly allowing a more equalized situation. He
advised that he is in support of the small business people in this
town who are 'primarily family-operated.
REPORTS
A:\MAY8.MRE Doc 1 Pg 4 'Ln 37 POS 10
CITY OF BAKERSFIELD
BUDGET AND FINANCE COMMI'I-i'EE
REPORT NO. 10-91
May 22, 1991
TO: HONORABLE MAYOR AND CITM COUNCILMEMBERS
SUBJECT: AMENDMENT TO CHAPTER 5.02 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO BUSINESS LICENSE TAX.
On May 8, 1991, an Amendment to the Business License Tax Ordinance was
referred by the City Council to the Budget and Finance Committee for review. There
was concern over the impact of a proposed rate change on video game
establishments.
The Committee has met with staff and discussed the proposed rate increase
for amusement devices, which includes pinball machines and video games. Staff
informed the Committee that while most cities tax amusement devices on a flat rate,
. some do utilize a gross receipts basis for taxing this type of business. In order to
attain equity in the business license tax structure, it is staff's objective to have as many
businesses as possible taxed on a gross receipts basis. Therefore, staff recommends
that video game establishments be included in the other than professional category
and pay a business license tax based upon their gross receipts. All amusement
devices, including video games, pinball machines, pool tables, music boxes, photo
machines, and weighing machines will be included in the gross receipts of the
establishments where they are located. These devices will no longer be taxed on an
individual flat rate basis and the revisions to the flat rate categories are now reflected
in the proposed amendment.
BUDGET AND FINANCE COMMITTEE
REPORT NO. 10-91
May 22, 1991 ·
Page -2-
Some businesses converting from a flat rate tax to a tax based upon gross
receipts have expressed concern as to the confidentiality of their gross receipts
information. Staff advised the Committee that about seventy-five percent, or 7,800
businesses currently report and pay a business license tax based upon gross receipts.
Well established procedures exist for protecting the confidentiality of both gross sales
!igures and the amount of tax paid. A limited number of business license related staff
have access to this information. ,Disclosure of financial information is unlawful by
Bakersfield Municipal Code and Government Code of the State of California.
Therefore, the Committee recommends approval of this report and adoption of
the Ordinance.'
Respectfully submitted,
Councilmember PatriCia J. DeMond
Councilmember Ken Peterson
Note: Councilmember Kevin McDermott did not participate in this discussion.
.alb
' MEMORANDUM
June 4, 1991
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: J. DALE HAWLEY, CITY MANAGER
SUBJECT: JUNE 5, 1991 COUNCIL AGENDA
REPORTS, ITEM 8A
Budget and Finance Committee Report No. 10-91 has been amended by the
Committee to include a requirement that staff review the revenue collected
and report to the Budget and Finance Committee by March 1, 1992 to
evaluate the overall fiscal impact of the amended Ordinance.
JDH.alb
Attachments
Meeting Date:
June 5, 1991
Agenda Section:
Reports
Agenda Item:
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS Approved
FROM: J. DALE HAWLEY, CITY MANAGER Department Head
DATF: June 3, 1991 City Attorney
City Manaqer
SUBJECT: Report No 10-91 from the Budget and Finance Committee rega g
Amendment to Chapter 5.02 of the Bakersfield Municipal Code relating to
Business License Tax.
1.An Ordinance Amending Chapter 5.02 of the Bakersfield Municipal
Code Relating to Business License Tax.
RECOMMENDATION:
1. Motion to accept report. Group Vote.
2. Motion~ to implement recommendations. Group Vote.
3. Motion to adopt Ordinance. Roll Call Vote.
BACKGROUND: On March 13, 1991 the Finance Department staff conducted a public
workshop before the City Council. This Ordinance was first presented to the
City Council on April 10 1991 for first reading. Subsequently, the City
Treasurer contacted eleven business and professi.onal organizations regarding
the proposed Ordinance Amendment. Formal presentations, similar to the public
workshop, were conducted for seven of the organizations as requested. This
Ordinance was presented to Council for second reading on May 8, 1991 and was
referred to the Budget and Finance Committee to consider public comments.
On May 22, 1991 Budget and Finance Committee Report No. 10-91 was presented to
the Council. However, this subject was referred back to Budget and Finance
Committee prior to the report being read. On Friday, May 24, 1991 Budget and
Finance Committee met with a member of the public who had expressed concerns
re~arding the tax structure. The Committee supports the business license tax
structure and rates included in the attached Ordinance.
AS ~rovided in California Government Code Section 36937, concerning ordinance
effectiveness dates, this Ordinance, relating to a tax for the usual and current
expenses of the.City, would be effective immediately upon passage.
RPT. 15
CITY OF BAKERSFIELD
BUDGET AND FINANCE COMMITTEE
AMENDED
REPORT NO. 10-91
JUne 5, 1991
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: AMENDMENT TO CHAPTER 5.02 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO BUSINESS LICENSE
TAX.
On May 8, 1991, an Amendment to the Business License Tax Ordinance was
referred by the City Council to the Budget and 'Finance Committee for review. There
was concern over the impact of a proposed rate change on video game
establishments.
The Committee has met with. staff and discUssed the prQposed rate increase
for amusement devices, which includes pinball machines and video games: Staff
informed the Committee that while most cities tax amusement devices on a flat rate,
some do utilize a gross receipts basis for taxing this type of business. In order to
attain equity in the business license tax structure, it is staff's objective to have as
many businesses as possible taxed on a gross receipts basis. Therefore, staff
recommends that 'video game establishments be included in the other than
professional category and pay a business license tax based upon their gross
receipts. All amusement devices, including video games, pinball machines, pool
tables, music boXes, photo machines, and weighing machines will be included in the
gross receipts of the establishments where they are located. These devices will no
longer be taxed on an individual flat rate basis and the revisions t°. the flat rate
.categories are now reflected in the proposed amendment.
Some businesses converting from a flat rate tax to a.tax based upon gross
receipt, s have expressed concern as to the confidentiality of their gross receipts
information. Staff advised the Committee that about seventy-five percent, or 7,'800
BUDGET AND FINANCE COMMITTEE "
AMENDED REPORT NO. 10-91
June 5, 1991
Page -2-
businesses currently report and pay a business license tax based upon gross
receipts. Well esta~blished procedures exist for protecting the confidentiality of both
gross sales figures and' the amount of tax paid. A limited number of business
license related staff have access to this information. Disclosure of financial
information is unlawful by Bakersfield Municipal Code and- Government Code of the
State of California.
Therefore, the Committee recommends approval of this report and adoption
of the Ordinance.~
On June 3, 1991,, the Budget and Finance Committee met with staff and
further discussed the amendment to the Business License Tax Ordinance.
Based on comments from the public, the Committee recommends that staff'
review the revenue collected and report to the Budget and Finance Committee by
March 1, 1992 to evaluate the overall fiscal impact of the amended Ordinance.
Respectfully submitted,
Councilimember Patricia J. DeMond
Councilmember Ken PetersOn
Note: CoUncilmember Kevin McDermott did not participate in this discussion.
I .jOHN sTINSON -.
MANAGERS OFFICE
MAY 7, 1991
TO: CAROL WILLIAMS, CITY CLERK
FROM: BILL DESCARY, TREASURER ~
SUBJECT: CORRESPONDENCE FOR COUNCILMEMBERS
MAY 8, 1991 COUNCIL MEETING, DEFERRED BUSINESS ITEM'iO.c, Page 4
I have been asked by Dan Lacey, Chief Financial Officer of The Bakersfield
Californian, to share with the Council his letter of April 24, 1991 and my
response of May 1, 1991. Therefore, please distribute to the Mayor and
Councilmembers, prior to the meeting of May 8, 1991, copies of the attached
letters.
krc
D:M.BD13
cc: J. Dale Hawley
Gregory J. Klimko
Dan Lacey
BAKERSFIELD
May 1, 1991
Mr. Daniel A. Lacev
Chief Financi'al Officer
The Bakersfield Californian
PO Bin 440
Bakersfield, CA 93302-0440
Dear Dan:
Thank.you for your letter of April 24, 1991 regarding the proposed amendment to the
Business License Ordinance. Having had bottom line responsibility for several manu-
facturing plants, I can appreciate your concern over an added amount of tax expense
especially in a recessionary per-iod.
Much of the 'impetus for the amendment is to correct a long standing inequity of flat
rates for some versus basing the tax on gross receipts for others. It is clear that
the flat rates have not kept pace with economic changes.in the twenty-two years the
or'dinance has. been in effect.
While ] can appreciate your interest in a phase-in period, it presents several
problems. A phase-in period over three .years, as you propose, or any period, would
only continue the inequity throughout the duration of the phase-in. A phase-in
oranted to your firm would have to be made available to other firms. Such an
~pproach would be administratively prohibitive. We have concluded that we cannot
recommend a phase-in.
As we discussed, confidentiality is imperative. Gross sales figures, the amount of
tax paid, and an.v other financial information is held in strict donfidence. About
seventy-five percent of the businesses in the City currently bay a business license
tax based upon gross receipts and the imDortance of maintaining confidentiality is
well established. A limited number of.staff have access to this information.
Disclosure of such information is unlawful by Bakersfield Municipal Code and
Government Code of the State of California. Any such d~sclosure would be grounds for
dismissal. 7o my knowledge, City staff has never breached this trust.·
Very truly yours,
William C. Descary
Treasurer '
WCD/krc
~:L.BD9
cc: J. Dale Hawley
Gregory J. Klimko
City of Bakersfield · Treasury Division · p. O. Box 2057
Bakersfield · California · 93303
(805/ 326-3757
DANIEL A. LACFY
Chief Finonciol Officer/Direc,or of Aoministro,,on REOi~.:./I/,ED
TREASURy,
~p~L~ 2~ Z99Z
Mr. william C. Descary
City Treasurer
City Hall, Finance Department
1501 Truxtun Avenue
Bakersfield, CA 93301
Re: Business License Ordinance Revision
Dear Bill:
I very much appreciated the time both you and Melanie spent explaining the
business license.tax amendment and the process that you have gone through to
arrive at the present proposal.
.Obviously anything that increases the tax burden on our business has to be o~
concern. It.does appear ~rom your "CPI" ~igures that we have enjoyed a
significant break over the years however, to impose such a drastic increase
from one year to the next during a recession hardly seems appropriate.
A~ter some considerable thought on this matter we propose a phase-in period
three years.. Our thought is to structure the phase-in as follows:
Current business li.cense tax: $ 500.00
Under the revised ordinance our annual tax would be:
Phase-in plan: Financial information
1991 25% edited by'Treasurer.
1992 50%
1993 75%
1994 100%
One item o~ considerable interest to us wms the fact that any ~igures as to
our gross sales would be kept strictly con~identiml. As I understand it,
these dat~ would however be subject to subpoena.
BOX-'40':7OT"EV~''STR~-~q~' BA~,ERSFtE'.D C~93302' '805,305 7202
Mr. William C. Descary
April 24, 1991
Page 2
Again, Bill, thank you ~or your time. I trust that we will be able to resotve
this issue to our mutual satisfaction.
Sincerely,
Daniel A. Lacey
Chief Financial officer
DAL:~w
cc: 3. K. Stanners
June 3, 1991
TO: DALE HAWLEY, CITY MANAGER
· FROM: BILL DESCARY, TREASURER .~
SUBJECT: PUBLIC NOTICE FOR BUSINESS LICENSE TAX AMENDMENT
Unlike some other procedures affecting public interests, such as changes
associated with zoning, the process for reform of the existing business license
tax structure does not have statutory requirements for public notice.
In recognition of that fact, an extensive public awareness process was
undertaken designed to inform both the businesses affected by any proposed
change and the public at large.
On March 11, 1991, a public announcement in the form of a press release was
issued. Subsequent to that, an article appeared in the March 12, 1991 edition of
The Bakersfield Californian. Since that time, both local broadcast and print
media have continued to cover developments concerning the progress of this
reform measure. Coverage has not been limited to general circulation news
outlets, but has included articles in such publications as the Construction
Reporter, the Building Industry Association's newsletter, and Metro Business
Journal.
In addition to media coverage, public appearances and briefings have been
provided to a number of civic and special interest groups. Presentations have
included one-on-one interaction as well as responses to telephone inquiries.
Lastly, individual explanations have been given to owners of businesses
potentially affected by changes.
The following is a chronological listing of the major public notices and
involvement events associated with the public awareness program for the
business license reform measure:
3/08/91 Notice sent to businesses in the Business improvement
District (BID) regarding the proposed Business License Tax
Ordinance revision. The notice pointed out that a proposed
amendment to the BID Ordinance would allow payments to
the BID to continue to be calculated using the existing
formula applied to existing business license rates. Thus,
businesses would pay essentially the same BID tax as they
paid last year. The notice also gave information on the
March 13, 1991 public workshop.
J. DALE HAWLEY, CITY MANAGER
June 3, 1991
Page -2-
3/11/91 News Release - Sent to all .media using normal distribution
list for news releases as provided by the City Manager's
Office.
3/12/91 Article in The Bakersfield Californian headline, "City May
Boost Tax for Business License Workshop on Proposal
Set."
3/12/91 &
3/13/91 Numerous radio stations carried information regarding the
proposed business tax change and that a public workshop
was being held at 5:15 p.m. on March 13, 1991, in the
Council Chambers.
4/10/91 The proposed amendments, to the Business License Tax
Ordinance and the Business Improvement District Tax
Ordinance were on the Council Agenda and given first
reading.
During the period April 11, 1991 through May 7, 1991, the
City Treasurer contacted representatives from the following
organizations and made presentations as requested:
Bakersfield Business and Professional Woman's
Club
Board of Realtors - Governmental Relations Committee
*Building Industry Association
Downtown Business Association
*East Bakersfield Kiwanis Club
*Greater Bakersfield Chamber of Commerce -
Governmental Review Committee
*Hispanic Chamber of Commerce Board of Directors
*Kern County Builders Exchange
*Kern County Contractors Association
Kern Economic Development Corporation
*Westchester Merchants Association
*presentations made
5/08/91 Article in The Bakersfield Californian headline, "Proposed
Change Would Drop Most Flat-Rate City License Fees
Council to Consider Plan Based Generally on Gross
Receipts."
J. DALE HAWLEY, CITY MANAGER
June 3, 1991
Page -3-
5/10/91 Article in The Bakersfield Californian - headline, "Move to
Revise Taxes Delayed."
Additionally, the Greater Bakersfield Chamber of Commerce
publication Metro Business Journal, May 1991, mentioned
the City Treasurer's presentation to the Governmental
Review Committee on April 12, 1991. Articles regarding the
amendment were also carried in the Construction Reporter,
May 10, 1991, published by the Kern County Contractors
Association, and The Building Industry Association's
newsletter, May 1991.
BD.alb
i. '~' JOHN ,STIN.S'ON
~--~ M E M 0 R A N D U M ASST' ,TO THE ciTY MGR
May 8, 1991
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERSf
GREGORY J. KLIMKO, FINANCE DIRECTOR//~//L'~
FROM:
SUBJECT: COUNCIL AGENDA MAY 8, 1991
DEFERRED BUSINESS ITEM 10c.
Attached is a revised copy of the ordinance relating to business
license tax. This ordinance was given first reading on April 10
and is recommended~for adoption tonight.
Paragraph 11 was added to Section 5.02.010 (D) on page three to
clarify the definition of gross receipts as to alcoholic bevera-
ges. The added paragraph is needed to have the City's ordinance
consistent with State law and to have the ordinance coincide with
general instructions provided to taxpayers.
I recommend that this new language be added into the proposed
ordinance before it is adopted this evening.
Please replace this ordinance with.the one in your packet.
Thank you.
GK/meg
4 M.LATE.3
Attachment
cc: J. Dale Hawley
Laura C. Marino
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 5.02
OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO BUSINESS LICENSE TAX.
BE IT ORDAINED by the Council of the City of Bakers-
field as follows:
SECTION 1.
Chapter 5.02 of the Bakersfield Municipal Code is
hereby amended to r~ad as follows:
Chapter 5.02
Sections:
5.02.010 Definitions,
5.82.020 Revenue measure.
5.02.030 Effect of payment on other taxes, fees and
regulations.
5.02.040 Collector - Promulgation of rules and regulations.
5.02.050 Collector- Enforcementduties.
5°02.060 Certificate required - Exemptions.
5°02.070 Unlawful business not authorized - Revocation.
5°02.080 Branch establishments.
5.02.090- Evidence of doing business.
5.02.100 Constitutional apportionment.
5.02.110 Certificate - Contents.
5.02.120 Certificate - Initial application.
5.02.130 Certificate .- Renewal.
5.02.140 Certificate-- Nontransferable.
5.02.150 Duplicate certificate - Fee.
5.02.160 Certificate - Posting and keeping.
5.02.170 Statements and records.
5.02.180 Information confidential- Types of disclosures
permitted.
5,02.190 Failure to file statement.
5.02.200 Appeal.
5.02.210 Extension of time.
5.02.220 Manner and Schedule of payments.
5.02.230 Delinquency - Penalties.
5.02..240 Gross receipts.
5.02.250 Classification - Review.
5.02.260 Flat rate.
5.02.270 Refunds of overpayment.
5.02.280 Refunds of unused business tax certificate.
5.02.290 Business tax constitutes debt.
5.02.300 Outside businesses.
5.02.310 .Effect of adoption on unexpired certificate.
5.02.010 Definitions.
A. "Business" includes professions, trades, and
occupations and all and every kind of calling whether or not
carried on for profit.
B. "Business tax certificate" means the same as
business license and shall be that document issued as evidence of
payment of business taxes provided by this chapter.
C. "Collector" means the city's finance director or
other city officer charged with the administration of this
chapter.'
D. "Gross receipt.s" includes the total of amounts
actually received or receivable from sales and the total amounts
actually received or receivable for the performance of any act or
service, of whatever nature it may be, for which a charge is made
or credit allowed, whether or not such act or'service is done as
a part of or in connection with the sale of materials, goods,
wares or merchandise. Included in "gross receipts" shall be all
receipts, cash, credits, and property of any kind or nature,
without any deduction therefrom on account of the cost of the
property sold, the cost of materials used, labor or service
costs, interest paid or payable, or.losses or other expenses
whatsoever. Excluded from gross receipts shall be the following:
1. Cash discounts allowed and taken on sales;
2. Credit allowed on property accepted as part of the
purchase price and which property may later be
sold;
3. Any tax required by law to be included in or added
to the purchase price and collected from the
consumer or purchaser;
4. Such part of the sale price of property returned
by purchasers upon rescission of the contraCt of
sale as is refunded either in cash or by credit;
5. Amounts collected for others where the business is
acting as an agent or trustee to the extent that.
such amounts are paid to those for whom collected,
provided the agent or trustee can furnish the
collector with names and addresses of the others
and the amounts paid to them;
6. ReceiptS~of refundable deposits, except that
refundable deposits forfeited and taken into
income of the business shall not be exclude~;
- 2 -
7. AS to a real'estate agent- o~ broker'or a~st0~k or
bond broker, the sales price of real estate or
stocks or bonds sold for the account of others
except that portion which represents commission or
other income to the agent or broker;
8. As to a prime contractor or subcontractor to which
Section 7108.5 of the California BUsiness and
'Professions Code applies, 'the amounts received on
account of the work performed by subcontractors,
to the extent of each subcontractor's interest
therein;
9. As to a retail gasoline dealer, a portion of his
~'~! .... receipts from the sale of motor vehicle fuels
equal to the motor vehicle fuel license tax
imposed by and previously paid under the
provisions of Part 2 of Division 2 of the Revenue
and Taxation Code of the state;
10. As to retail gasoline dealer, the Special motor
fuel tax imposed by Section 4041 of Title 26 of
the United States Code if paid by the dealer or
collected by him from the consumer or purchaser;
11. As to alcoholic beverages, that portion of the
receipts of a manufacturer, transporter, retailer
or wholesale distributor generated or otherwise
collected from the manufacturer, transport, retail
or wholesale of intoxicating liquors within the
state pursuant to Article XX, Section 22 of the
State Constitution.
E. "Persons" includes all domestic and foreign
corporations, associations, syndicates, joint stock corporations,
partnerships of every kind, clubs, Massachusetts, business or
common law trusts, societies, and individuals transacting and
carrying on any business in. the city, other than as an empl6yee.
F. "Renewal business tax certificate" means any
business tax certificate effective on July 1 of any year in which
a valid business tax certificate for the same business has been
in effect.
G. "Sale" includes the transfer, in any manner or by
any means whatsoever, of title to property for a consideration;
the serving supplying or furnishing for a consideration of any
property; and a transaction whereby the possession of property is
transferred and the seller retains the title as security for the
payment of the price shall likewise be deemed a sale. .The
foregoing~definitions in this subsection shall not be deemed to
exclude any transaction which is or which, in effect, results in
a sale within the contemplation of law.
H. "Savings and loan association" means any
institution incorporated to conduct or conducting, the business
of receiving and lending money in accordance with. Division 2,
Part 1 of the Financial Code of. the state or Federal Savings and
Loan AssoCiations.
I. "Sworn statement" means an affidavit sworn befOre
a person authorized to take oaths, or.a declaration or,
certification made under penalty of perjury.
5.02.020 Revenue measure.
This chapter is enacted solely to raise revenue for
municipal purposes, and is not intended for regulation.
5.02.030 Effect of payment on other taxes, fees and regulations.
Persons required to pay a business tax for transacting
and conducting any business under this chapter shall not be
relieved from the payment of any other applicable tax or fee
required under any other division of the municipal code of the
city, and shall remain subject to the regulatory provisions of
other ordinances.
5.02.040 Collector - Promulgation of rules and regulations.
A. The collector may promulgate rules and regulations
consistent with the provisions of this chapter as may be
necessary or desirable to aid in the interpretation and
enforcement of the provisions of this chapter.
B. The collector is specifically authorized to
promulgate rules and regulations governing the rate of the
bhsiness license tax on gross receipts attributable to selling
activities in the city where various extraterritorial events
contribute to such gross receipts.
5.02.050 Collector- Enforcement duties.
A. It shall be the duty of the collector to enforce
each and all of the provisions of this chapter. The chief of
police shall render such assistance in the enforcement of this
chapter as may.from time to time-be required by the collector or
the city council.
- 4 -
B. The collector in the exerciSe of the duties ~
imposed upon him under this chapter, and acting through his
deputies~or duly authorized aSsistants, shall examine or cause to
be examined all places of business in the city to ascertain
whether the provisions of this chapter have been complied with.
C. The collector and each and all of his assistants
and any police officer of the city shall have the power and
authority to enter, free of charge, and at any reasonable time,
any place of business required to procure a business tax
certificate in this chapter, and demand an exhibition of said
certificate. Any person having such business tax certificate
theretofore issued, in his possession or under his control who
fails to exhibit the same on demand, shall be guilty of a
misdemeanor and subject to the peDalties provided for by the
provisions of this chapter.
5.02.060 Certificate required- Exemptions.
A. It is unlawful for any person to transact and
carry on any business in the city without first having procured a
business tax certificate from the city to do so and paying the
tax prescribed in this chapter or without complying with any and
all applicable provisions of this chapter.
B. Each business tax certificate issued pursuant to
this'chapter, shall remain in effect only until June 30 following
the date of issuance, unless earlier suspended' or revoked.
C. Nothing in this chapter shall be deemed or
construed to apply to any person transacting and carrying on any
business exempt by virtue of the Constitution or applicable
statutes of the United States or of the state from the payment of
such taxes as are prescribed in this chapter.
D. Any person claiming an exemption pursuant to this
section shall file a sworn statement with the collector stating
the facts upon which exemption is claimed, and in the absence of
such statement substantiating the claim, such person shall be
liable for the payment of the taxes imposed by this chapter.
E. .The collector shall, uponj proper showing
contained in the sworn statement, issue a business tax
certi,ficate to such person claiming exemption under this section
without payment to the city of the business tax required by this
chapter. Such certificate shall show on its face that it is
issued to 'an exempt holder pursuant to this section. Any such
exemption shall be approved by the city attorney.
F.~ The collector, after giving notice and a
reasonable opportunity for hearing to a business tax certificate
holder, may revoke anY business tax certificate granted pursuant
to the provisions of this section upon proof that the exempt
holder of business tax certificate'is not entitled to the
'exemption as provided in this section.
G. Nothing in this chapter shall be deemed or
construed to impose a business tax on any holder of any franchise'
from the city where the holder of the franchise pays to the city
by virtue of an obligation imposed by the franchise.
5.02.070 Unlawful business not authorized - Revocation.
A. No business tax certificate issued under the
provisions of this chapter or the payment of any tax required
under the provisions of this chapter shall be. construed as
authorizing the conduct or continuance of any illegal business'or
of any legal business in an illegal manner, or to conduct within
the city the business for which a business tax certificate has
been issued without complying with all the provisions of the
~ordinances of the city or county, 'and state and federal l&ws,
including, but not limited to, those requiring a permit from any
board, commission, department or office of the city.
B. The collector shall not issue any business tax.
certificate, other than a renewal business tax certificate issued
pursuant to Section 5.02.130, to any fixed place of business
within the city until such time as it is shown that the business
has met the requirements of the zoning, building, fire, health
and permit codes of the city. For the purpose of providing the
requisite evidence of such compliance, the collector will provide
the forms for approval of the appropriate department.
C. A failure to comply with the provisions of this
section shall' constitute grounds for denial, suspension or
revocation of the business tax certificate[
5.02.080 Branch' establishments.
A separate business tax certificate must be obtained
for eaCh branch establishment' or location of the business
transacted and carried on and for each separate type of business
at the same.location, 'and each business tax certificate shall
authorize the holder to transact and carry on only,the business
described thereby at the location or in the manner designated
such business tax certificate; provided, that warehouses used in
connection with or incidental to a business taxed under the
provisions of this chapter shall not be deemed to be separate
places .of business or branch establishment; provided further,
-- 6 --
that any person conducting two or more types of buSinesses at the
same location and under the Same management, or at different
locations, but which businesses use a single set or integrated
set of books and records, may, at the option of the applicant,
pay only one tax calculated on all gross receipts'of the
businesses under the schedule that applies to the type of
business of such person which requires the highest percentage
payment on such gross receipts, eXcept that a license fee of
fifteen dollars for each additional branch or location shall be
paid upon issuance.
5.02.090 Evidence of doing business. ' _,
When any person by use of signs, circulars, cards,
telephone book, or newspapers, advertises, holds out or by any
other means represents that he is in business in the city, or
when any person holds an active license or permit issued by a
governmental agency indicating that he is in business in the
city, and such person fails to deny by a statement sworn under
penalty of perjury given to the.collector that he is not
conducting a business in the city, after being requested to do so
by the collector, then these facts shall be considered prima
facie evidence that he is conducting a business in the city.
5.02.100 Constitutional apportionment.
None of the business taxes provided for by this chapter
shall be so applied as to occasion an undue burden upon
interstate commerce or be violative of the equal protection and
due process clauses of the Constitution of the United States and
the state.
5.02.110 Certificate - Contents.
A. Every person required to have a business tax
certificate under the provisions of this chapter shall make
application as prescribed in Section 5.02.120 for the same to the
'collector of the city, and upon the payment of the prescribed
business tax, subject to the provisions of Section 5.02.070, the
collector shall issue to such person a business tax certificate
which shall contain the following information:
1. The name of the person to whom the business tax
certificate is issued;
2. The business taxed;
3. The place where such business is to be transacted
and carried on;
4. The.date of the expiration of such business tax
certificate; and
5. ~Such other information as may be necessary for the
enforcement of the provisions of this chapter.
B. Whenever the business tax-imposed under the
provisions of this chapter is measured by the number of vehicles,
devices, machines, or other pieces of equipment used, or whenever
the business tax is measured by the gross receipts from the
operation of such'items, the collector shall issue only one
business tax certificate; provided, that he may issue for each
tax period for which the business tax has been paid one
identification'sticker, tag, plate, or symbol for each item
included in the measure of the tax or used in a business where
the tax is measured by the gross receipts from such items.
5.02.120 Certificate - Initial application.
A. Upon a person making application for the first
business tax certificate to be issued under this chapter or for a
newly established business, such person shall furnish to the
collector a statement sworn under penalty of perjury, upon a form
provided by the collector, setting forth the following
information: ~
1. The exact nature or kind of business for which a
business tax certificate is requested;
2. The place where such business is to be carried on,
and if the same is not to be carried on at any
permanent place of business, the places of
residences of the owners of same;
3. In the event that application is made for the
issuance of a business tax certificate to a
corporation or partnership, the application shall
set forth the names and places of residences of
the officers Or partners thereof;
4. In the event that application is made for the
issuance of a business.tax certificate to a person
doing business under a fictitious name, the
application shall set forth the names and places
of residences of those owning the business;
- 8 -
5. In all cases where the amount of business tax to
be paid is measured by grOss receipts, the
application shall set.forth such information as
may be therein required and as may be necessary to
determine the amQunt of the business tax to be
paid by the applicant; ~
6. Ahy further relevant information which the
collector may require to enable him to issue the
type of business tax certificate applied for.
B. If the amount of the business tax to be paid by
the applicant is measured by gross receipts, he shall estimate
the gross receipts for the period to be covered by the business
tax certificate issued. Such estimate, if accepted by the
collector as reasonable, shall be used in determining the amount
of business tax to be paid by the applicant.
C. The collector shall not issue to any such person
another business tax certificate for the same or any other
business, until such person has furnished to him the sworn
statement and paid the business tax as required ih this chapter.
5.02.130 ~Certificate- Renewal.
In all cases, the applicant for the renewal of a
business tax certificate shall submit tO. the collector a
statement sworn under penalty of perjury,' upon a form to ~be
provided by the collector, setting forth such information
concerning the applicant's business during the preceding year as
may be required by the collector to enable him to ascertain the
amount of the business tax ~to be paid by the 'applicant pursuant
to the provisions of this chapter.
5.02.140 Certificate- Nontransferable.
A. No business t~x certificate issued pursuant to
this chapter shall be transferrable to another owner or another
location; provided, that where a business tax certificate is
issued authorizing .a person to transact and carry on a business
at a particular place, such business tax certificate holder may,
upon application therefor and paying a fee of fifteen~dollars
($15.00), have the business tax certificate amended to authorize
the transfer of the business tax certificate to some other
lawfully approved location to which the business is or is to be
moved; provided further, that transfer, whether by sale or
otherwise, to another person under such circumstances that the
real or ultimate ownership after the transfer is substantially
similar to the ownership existing before the transfer, shall not
be prohibited by this section.
-- 9 --
B. For the purpose of this section stockholders,
bondholders, or other entity defined to be a person in Subsection
E of Section 5.02.010 are regarded as having the real or ultimate
ownership of such corporation or other entity.
5.02.150 Duplicate Certificate - Fee.
" A duplicate business tax certificate may be issued by
the collector to replace any business tax certificate previously
issued under this chapter which has been lost or destroyed upon
the business tax certificate holder filing a statement of such
fact, and at the time of filing.such statement paying the
collector a duplicate fee of five dollars.
5.02.160 Certificate - Posting and keeping.
A. Any business tax certificate holder transagting
and conducting business at a fixed place of business in {he city
shall keep the business tax certificate posted in a conspicuous
place upon the premises where such business is conducted.
B. Any business tax certificate holder'transacting
and conducting business, but not operating at a fixed place of
business in the city, shall keep the business tax certificate
upon his person at all times while transacting and conducting the
business for which it is issued.
C. Whenever identifying stickers,'tags, plates or
symbols have been issued for each vehicle, device, machine, or
other piece, of equipment included in' the measure of a business
tax, the person to whom such stickers, tags, plates, or symbols
have been issued shall keep firmly affixed upon each vehicle,
device, machine, or piece of equipment the identifying sticker,
tag, plate or symbol which has been issued therefor at such
locations as are designated by the collector. Such sticker, tag,
plate or symbol shall not be removed from any vehicle, device,
machine or piece of equipment kept in use during the period for
which the sticker, tag, plate or symbol is issued.
D. No person shall fail to affix as required in this
chapter any identifying sticker, tag, plate, or symbol to the
vehicle,'device, machine, or piece of equipment, for which it has
been issued at the location designated by the collector, or give
away, sell or transfer such identifying sticker, tag, plate', or
symbol to another person, or to permit its use by another person.
- 10 -
5.02.170 Statements and records.
A. No statement Submitted pursuant t° ~5.02.120 or
5.02.130 shall~be conclusive as to the matters set forth therein,
nor shall the filing of' the same preclude the city from
collection by appropriate action such sum as is actually due and
payable under this chapter. Such statement and each of the
several items therein contained shall be subject to audit and
verification by the collector,, his deputies, or authorized
employees of the city, who are hereby authorized to examine,
audit, and inspect such books and records of any business tax
certificate holder or applicant for license, as may be necessary-:
in their judgment to'verify or ascertain the amount of license
feedue.
B. All persons subject to the provisions of this
chapter shall keep complete records of business transactions,
including sales, receipts,'purchases, and other expenditures, and
shall retain all such records for examination by the collector.
Such records shall be maintained for a period .of at least three
years. No person required to keep records under this section
shall refuse to allow authorized representatives of the collector
to examine said records at'reasonable times and places.
5.02.180 Information confidential - Types of disclosures
permitted.
It is unlawful for the collector or.any person having
an administrative duty under the provisions of this chapter to
make known in any manner whatever information Pertaining to the
business affairs, operations, or other information obtained by an
investigation of records and equipment of any person required to
obtain a business tax certificate, or pay a business tax, or any
other person visited or examined in the discharge of official'
duty, or the amount or source of income, profits, losses,
expenditures, or any particular thereof, set forth in any
statement or application, or copy of either, or any book
containing any abstract or particulars thereof to be seen or
examine~ by any person; provided, that nothing in this section
shall be construed to prevent:
A. That disclosure to, or the examination of records
and equipment by, anothe~ city official, employee, or agent'for
collection of taxes for the sole purpose of administering or
enforcing any provisions of this chapter, or collecting taxes
imposed under this chapter.
- 11 -
B. The disclosure of information to, or the
examination of records by,-federal or state officials, or the tax
officials of another city or county,.or city and county, if a
reciprocal arrangement exists, or to a grand jury or court .of
law, upon subpoena.
C. The disclosure of information and results of
examination of records of particUlar taxpayers, to a court of law
in a proceeding brought to determine the existence or amount of
any license tax liability of the particular taxpayers to the
city.
D. The disclosure after the filing of a written
.request to that effect, to the taxpayer himself, or to his
successors, receivers, trustees, executors, administrators,
assignees and guarantors, if directly interested, of information
as to the items included in the measure of any paid tax, any
unpaid tax or amounts of tax required to be collected, interest
and penalties; provided further, however, that the city attorney
approves each such disclosure and that the collector may refuse
to make any disclosure referred to in this subsection when in his
opinion the public interest would suffer thereby.
E. The disclosure of the names and addresses of
persons to whom business tax certificates have been issued, and
the general type or nature of their business.
F. The disclosure by way of public meeting or
otherwise of such information as may be necessary to the
collector in order to permit it to be fully advised as to the
facts when a taxpayer files a claim for refund of business taxes,
or submits an offer of compromise with regard to a claim asserted
against him by the city for business taxes, or when acting upon
any other matter.
G. The disclosure of general statistics regarding
taxes collected or business done in the city.
H. The disclosure of information and examination of
records of any business tax certificate holder who is a litigant
in any lawsuit involving the city and sUCh inf.ormation is
relevant to the issues in such lawsuit.
5.02.190 Failure t° file statement.
A. If any person fails to file any required statement
within.the time prescribed, or if after demand therefore made by
the collector he fails to file a corrected statement, or if any
person subject to the tax imposed by this chapter fails to apply
for a business tax certificate, the collector may determine.the
amount of business tax due from such person by means of such
'information as he may be able to obtain.
B. If the collector is not satisfied with the
information supplied in statements or applications filed, he may
determine the amoUnt of any business tax due by means of any
relevant information he may be able to obtain.
5.02.200 Appeal.
A. Any applicant aggrieved by the following decisions
of the collector concerning his application or certificate, may
appeal to the city council by filing a notice of appeal with the
city clerk within fifteen days of the date of decision:
1. Refusal to issue a business tax certificate;
2. Suspension or revocation of a business tax
certificate;
3. Denial of exemption 'from payment of business
taxes;
4. Determination of the amount, of business tax due
and penalties thereon, if any;
· 5. Determination of the classification to which the
applicant's particular business is assigned;
6. Determination of the amount of refund of business
tax, if any.
B. The city clerk shall thereupon fix a time for
hearing such appeal, not to exceed sixty days from the date of
filing of the appeal.
C. The city clerk shall give notice to the applicant
of the time and place of hearing by serving it personally or. by
depositing it in the united States Post Office at BakerSfield,
California, postage prepaid, addressed to such person .at his last
known address.
D. The city council shall have authority to determine
ail questions raisedon such appeal; provided,.however, that no
such determination shall conflict with any substantive provision
of this chapter.
5.02.210 Extension of time.
In addition to all other power, conferred upon him, the
collector shall have the power, for good cause shown, to extend
the time for filing any reguired sworn statement or application
for a period not exceeding thirty days, and in such case to waive
any penalty that would otherwise have accrued..
5.02.220 Manner and schedule of payments.
A. Unless otherwise specifically provided, all annual
business taxes, under the provisions of this chapter shall be due
and payable in advance on the first day of July of each year;
provided, that business taxes .covering new operations, commenced
after the first day of July, may be prorated for the balance of
the business period.
B. Annual business taxes for new operations commenced
other than on July 1 of any year shall be prorated as follows:
one-twelfth.of the appropriate annual rate, as set forth in
Section 5.02.240 or 5.02.260, for any 'full month or portion
thereof, remaining in the city's fiscal year. In all cases, the
minimum business tax paid shall be $25.00.
5.02.230 Delinquency - Penalties.
A. For failure to pay a business tax when due, the
collector shall add a penalty of ten percent of the business tax
on the first day of each month after the due date thereof,
providing that the amount of such penalty to be added shall in no
event exceed fifty percent of the amount of the business tax due.
B. No business tax certificate or sticker, tag,
plate, or symbol shall be issued or renewed,.nor one.which has
been.suspended or revoked shall be reinstated or reissued, to any
person who at the time of applying.therefor, is indebted to the
city for any delinquent business taxes, or other debts unless
such person, pays such delinquent taxes, debts and penal, ties.
C. In the event legal action is brought by the city
to enforce collection of any amount owed to the city, the debtor
shall pay all costs of suit incurred by the city or its assignee,
including a reasonable cost allocated for attorney's fees.
D. Any overpayments of business tax may be used to
offset delinquencies and debts owed to the city on other
accounts.
- 14 -
5.02.240 Gross receipts.
A. · Rates for each classification. Every person who
engages in business at a fixed place of business within the city
shall pay an annual~business tax based upon gross receipts at the
rates to be calculated to the nearest dollar as set forth below
for the following classifications:
Classification A - $0.65 per $1,000 of gross receipts or
fractional part thereof; minimum tax:
$25.00.
Classification B - $0.3.0 per $1,000 of gross receipts from
$1.00 to $1,000,000;
$0.15 per $1,000 of gross receipts from
$1,000,001 to $10,000,000;
$0.05 per $1,000 of gross receipts.from
$10,000,001 to $100,000,000;
$0.01 per $1,000 of gross receipts of
$100,000,001 or more; and
Minimum tax: $25.00.
B. Classifications.
I. Classification A shall include:
Class No.
1. ~Appraiser;
2. Architect;
3. Attorney at Law;
4. Auditor or Accountant;
5. Assayer;
6. Bacteriologist;
7. Chemist or chemical laboratory;
8. Chiropractor;
9. Collection agency;
10.~ Dental laboratory;
tl. Dentist;
12. Engineer;
13. Geologist;
14. Insurance adjuster;
15. Medical laboratory;
16. Optician;
17. Optometrist;
18. Osteopath;
19. Physician;
20. Podiatrist;
21~ Real estate agency or agent; ~
· 22. Surveyor;
23. Veterinarian;
24. All Other professions not
specifically set forth in this
subdivision.
II. Classification B. shall include all other
types of businesses, except thoSe subject to flat rates
enumerated in Section 5.02.260.
5.02.250 Business tax - Classification - Review.
A. In any case where a business tax certificate
holder or an applicant for a business tax certificate believes
that his individual business is not assigned to the proper
classification under this section because of circumstances
peculiar to it, as distinguished from other businesses of the
same kind, he may apply in writing to the collector for
reclassification. Such application shall contain such relevant
information as the collector may deem necessary in order to
determine whether the applicant's individual business is properly
classified.
B. The collector shall then conduct an investigation
following which he shall assign the applicant's individual
business to the classification shown to be proper on the basis of
such investigation.
C. The proper classification is the classification
which, in the opinion of the collector, most nearly fits the
applicant's individual business.
D. The reclassification shall'not be retroactive, but
shall apply at the time of the next r~gularly ensuing calculation
of the applicant's tax.
E. No business.shall be classified more than once in
one year.
F. The collector shall notify the applicant of the
action taken on the application for reclassification. Such
notice shall be given by serving it personally or bY depositing
it in the United State Post Office at Bakersfield, California,
postage prepaid, addressed to the applicant at his last known
address.
- 16 -
5.02.260 Flat rate.
Every person transacting and carrying on the businesses
enumerated in this section shall pay a business tax as follows:
FLAT RATE
Class No. Annually
701. Producing oilwells, per well. $25.00
702. Pinball machines and other amusement
devices, each device. $25.00
703. Billiard or pool tables, each table. $25.00
704. Cardroom. $100.00
705' Public dancehall. $25.00
706. Hotels, motels,
lodginghouses, per room. $ 1.00
707. Music boxes, each device. $25.00
708. Coin-operated photograph machines,
each machine. $25.00
709. Savings and loan association, each branch. $25.00
710. Weighing machines (entertainment), each machine. $25.00
711. Administrative office and/or other similar
quarters of business not subject under this
chapter to a business license tax by the.~city
other than for oil wells, storage and
warehousing space, each 100'square feet or
portion thereof of usable floor space within
the city ($-25.00 minimum) $ 1.00
712. 'Storage and warehousing by businesses, not
subject under this chapter to a bUsiness
license tax by the city other than for oil
wells and administrative ~office quarters,
each 100 square feet or portion thereof of
floor space or open yard storage space within
the city ($25.00 minimum).
Indoor floor space. $ .50
Open yard storage space. $ .10
713. Arts and Crafts Fair or similar activities in
which more than four vendors not exceeding
five calendar days-in duration.
Five to ten vendors - $25.00;
Eleven to twenty-five vendors - $50.00;
Twenty-six to fifty vendors - $75.00;
Over'fifty vendors - $100.00.
5.02.270 Refunds of overpayment.
A.. No refund of an overpayment of taxes imposed by
this chapter shall be required in whole or in part unless a
written claim for refund is filed with the collector within a
period of one year from the date the overpayment was made.
B. When he determines frOm evidence presented to him
that an overpayment has been made, the collector may refund the
amount overpaid.
5.02.280 Refunds of unused business tax certificate.
A. Where a certificate holder has ceased doing
business, a refund of an unused period of a business tax
certificate may be granted upon'the filing of a written request
to the collector; provided, that any refund shall be made on only
unused full calendar quarters and shall not be made for any~
calendar quarter in which the business covered thereunder was
conducted for any period of time; provided further, that no
minimum tax payment shall be refunded.
B. When the collector determines that the business
which'is the subject matter .of the bUsiness tax certificate has
terminated, the collector may refund a pro rata amount of the
business tax certificate tax equal to the remaining calendaring
quarters of the business tax paid but still unused.'
5.02.290 Business tax constitutes debt.
A. The amount of any business tax and penalty imposed
by the provisions of this chapter shall be deemed a debt to the
city.
B. An action may be commenced in the name of the city
in'any court of competent jurisdiction, for the amount of any
delinquent business tax and penalties.
5.02.300 Outside businesses.
Every person not having a fixed place of business
within the city who engages in business within the city shall pay
a business tax at the same rate prescribed in this chapter for
persons engaged in the same type of business from and having a
fixed place of business within the city, measured by gross
receipts from business done within the city.
5.02.310 Effect of adoption on unexpired certificate.
A.' Neither the adOption of this chapter nor its
superseding of any portion of .any other ordinance of the city
shall in any manner be construed to affect prosecution for
violation of any other ordinance committed prior to the effective
date of the ordinance codified in this chapter, nor be construed
as a waiver of any business tax or any penal prOvision applicable
to any such violation, nor be construed to affect the validity of
any bond or cash deposit required by any ordinance to be posted,
filed, or deposited, and all rights and obligations, thereunto
appertaining shall continue in full force and effect.
B. Where a business tax certificate for revenue
purposes has been issued to any person by the city and the tax
paid for the business for which the business tax certificate has
been issued under the provisions of any ordinance heretofore
enacted and the term of such business tax certificate has not
expired, then the business tax prescribed for the business by
this chapter shall not be payable until the expiration of the
term of such unexpired business tax .certificate.
SECTION 2.
This Ordinance shall be posted in accordance with the
City Charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
........... 000
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. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
LCM/meg
BUSTAX.O-3
5/S/91
CITY OF BAKERSFIELD
BUDGET AND FINANCE COMMITTEE
REPORT NO. 9-91
May 8, 1991
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
SUBJECT: REPORT NO. 9-91 FROM BUDGET AND FINANCE COMMITTEE
REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT
APPLICATION FOR FISCAL YEAR 1991-92
The Budget and Finance Committee met on May 1, 1991 to consider
the funding requests from City departments, request for assistance
by non-profit organizations and the CDBG Application for the
Fiscal Year 1991-92. The FY 1991-92 budget of $1,789,000 is composed
of $1,372,000 in entitlement, funds and $417,000 in program income.
Due to the numerous proposals from City departments and
non-profit agencies and limited CDBG funding, it was not possible
to fund all requests. Some of the criteria used for screening
departmental proposals included program eligibility, low/m°derate
income qualification, and completion of phased activities. For
non-profit proposals, some of the screening criteria also used
included the ability to provi-de si~e control, matching funds,
~and implement the project in a timely manner.
Budget and Finance Committee
Report No. 9-91
May 8, 1991
Page -2-
The Budget and Finance Committee has reviewed the proposals
for next year, and we are recommending that the attached application
be approved for submittal, and that the CityManager be
authorized to execute the FY 1991-92 CDBG'Application and necessary
documents for submittal to HUD.
Respectfully submitted,
Councilmember Kevin McDermott, Chair
Councilmember Patricia J. DeMond
Councilmember Ken Peter.sen
/mb
C:RPTBF991B
PROJECTED USE OF FY 1991-92 CDBG FUNDS
Entitlement $1,372,000
91-92 Program Income $ 417,000
TOTAL $!,789~000
ADMINISTRATION
Administration & Planning $331f823
HOUSING REHABILITATION
Direct Delivery Cost $174,147
Housing Rehabilitation Loan Program $400,000
Rehabilitations of single
family and multi-family dwellings
Direct Housing
Grants for Handicap Accessibility $ 40,000
Home Paint Program ~ 3~000
Sub-Program Total ,$617~147
NEIGHBOP~HOOD REVITALIZATION
Direct Delivery Cost $143,047
Lakeview Neighborhood Improvement Program (Phase II) $ 70,000
Incentives to property owners to revitalize
various neighborhood portions within the general
boundaries of Census Tract 22.
Fair Housing $ 70,000
Continuation and promotion of fair housing
& services.
Commercial Facade 'Grant Program $ 52,000
Grants given to businesses ~long commercial
corridors to renovate their "store fronts".
Housing Development Assistance Program $ 80,000
Funds to assist private developers and non-profit
corporation in the construction or rehabilitation
of .permanent or transitional housing for residents
of the City of Bakersfield.
Kern County Food Bank ImProvement Project $224,000
Acquisition and renovation of a building at
1327 "S" Street into a headquarters offices
and food storage warehouse for feeding the
poor.. (Estimated.non City CDBG Project
funding is $380,000).
Sub-Program TOtal $639~047
CAPITAL IMPROVEMENT PROGRAMS (CIP1
Fire Station #2 Improvement Project Phase II $ 50,000
Design of a 6600~ sq. ft. Fire Station No. 2 which
will replace the existing faci!ity'at 716 E. 21st
Street and serve the Baker Street corridor area
and surrounding neighborhoods.
Jefferson Park Restroom Improvements (Phase II) $ 52,000
Additional funding for the construction of a
784~ sq. ft. restroom, recreation/parks storage
room to replace the substandard restroom at Bernard
Street and King Street.
Jewett Avenue Curb and Gutter Project $ 14,300
Construction of in-fill curb and gutter improvements
in a portion of Jewett Avenue bounded by 34th Street
on the north and 31st Street on the south.
Priscilla Lane Sewer Project $ 22,556
Construction of a sewer collection system for six to eight
homes on Priscilla Lane to replace mains and laterals
which now cross other people's properties. The sewer
main would be installed from the intersection of
"N" Street and Priscilla Lane 300' westerly on Priscilla
Lane. The laterals would be installed from the sewer
main to individual property lines.
Martin Luther King Jr. Community Center Addition $ 62,127
The rehabilitation of a 800+ sq. ft. building to the
community center facility aT 100 South Owens Street
which will allow for expansion of physical fitness
and exercise programs.
Sub-Program Total ,$200~983
Total All Programs ~i~789~000
lm:DB2
FUNDS
4/29/91
COMMUNITY DEVELOPME~f BLOCK GRANT BUDGET ~ PROGRAM YEAR 1991-92
Program Year Program Year
I. Entitlement 1990-91 1991'92
1990-91 CDBG BUDGET E~fITLEMENT $1,201,000
1991'92 CDBG tL~GET ENTITLEMENT ////////// $1,372,000
Program Income: $ 299,000 417,000
REP~ FLINDS FROM PRIOR YEAR $ 524,168
· prOgram Inccme ~2 $ 136,368
Additional Entitlement $ 13,000
$2,173,536 $1,789,000
II. Program Bodget S~,wn~ry
Sub Programs
651 - Administration & Planning $ 331,823 19%
652 - Housing Programs & Loans $ 617,147 34%
653 - Neighborhood Revitalization $ 639,047 36%
765 - Capital Improv~nt Projects $ 200,983 11%
Budget Total $1,789,000 100%
III. Program Budget Detail
651 - Administration & Planning $ 331,823
Total Sub-Program 651 $ 331,823
652 - Housing Programs & Loans
Direct Delivery Cost $ 174,147
Loans $ 400,000
Handicap Accessibility $ 40,000
Hcme Paint Program $ 3,000
Total Sub-Program 652 $ 617,147
lm:DB3.BDG$
04123191
COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET SUMMARY PROGRAM YEAR 1991-92 (Continued)
Program Year Program Year
1990-91 1991-92
653 - Neighborhood Business Revitalization
Direct Delivery Costs $ 143,047
Fair Housing Program $ 70,000
Lakeview Neighborhood Improv~nent (Phase II) $ 70,000
Cc~nmrcial Fagade Grant Program $ 52,000
Housing Development Assistance Program $ 80,000
Kern County Ecod Bank $ 224,000
Total Sub-Program 653 $ 639,047
765 - Capital Improv~nents
Fire Station #2 Acquisition Project $ 50,000
Jefferson Park Restroom Improvements
(Phase II) $ 52,000
Jewett Avenue Curb & Gutter Project $ 14,300
Priscilla Lane Sewer Project $ 22,556
Martin Luther King Jr. Co,.',,~uity Center
Addition $ 62,127
Total Sub-Program 765 $ 200,983
CDBG Program Budget Total $1,789,000
lm:DB3 .BDGS1
o~12519~
-4-
M E M O R A N D U M
April
17,
1991
TO: J. DALE HAWLEY, CITY MANAGER -
FROM: M.A. DUNWOODY, BUDGET ANALYST~/~.~,
On December 19, 1990, Council adopted Resolutions 172-90 and 174-90 amending the Fiscal Year
1990-91 operating and capital improvement budgets for the City of Bakersfield and Community
Development Block Grants, respectively. Since then Council has taken action to transfer and/or
appropriate additional funds which is detailed in Attachment A. As a result, the budgets must be
amended to reflect these changes in appropriations.
CITY OF BAKERSFIELd) OPERATING AND CAPITAL IMPROVEMENT BUDGET AMENDMENTS
Actions taken by Council affecting these budgets include the appropriatiOn of additional revenues and
fund balances for property tax administration costs to the County of.Kern, the replacement of the Stine
and McCutcheon sewer line, two diesel powered loaders for the wood/green waste recycling program,
two new vehicles for the Hazardous Materials and Underground Storage Tank programs, and the new
offices for the water resources facility. In addition, funds were also approPriated for pedestrian/bikeway
improvement projects, construction of a parking lot at 18th and K Streets, and for the reimbursement
of city staff services for work performed on state park grants.
Other actions included the appropriation of Council Contingency funds for jail booking fees, salary
settlements, medical insurance increases, the underground storage-tank program, the installation of fuel
tanks at theRio Bravo Fire Station, a parking garage at Fire station 11 for.the Hazardous Materials Van
and a one time contribution to participate in a spay/neuter program with the Bakersfield Society for the
'Prevention of Cruelty to Animals.
Two interfund transfers were approved to utilize savings to purchase a tape back up System for the
local area network (LAN) in Engineering and a van for the street light maintenance program.
Also reflected on Attachment A are reductions in' appropriations for Phase I and II of the plant
expansion for Wastewater Treatment. Plant No. 2. The funds will be rebudgeted in F. Y. 1.991-92 as
construction will not begin until the first of 1992. Also reflected is a reduction in appropriations for
Page I of. 3
replacement projects for Communications. The projects were budgeted in both the operating and
capital improv..ements budgets. Funds remain in .the Capital Improvement Budget to complete the
projects.
COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET AMENDMENTS
With respect to Community Development Block Grants, $27,000 in grant revenues from the County of
Kern were appropriated for the homeless facility.
SUMMARY
As a matter of conformance to City accounting practices and budgetary controls, it is necessary that
the budget be amended to reflect these changes. Attachment A provides the detail for these changes
and the total net change in appropriations is as follows:
CITY OF BAKERSFIELD
Council Amended Council Amended
Budget Budget
December 19, 1990 April 24, 1991 Net Change
Operating and Debt $ ~11'1,905,365 $ 112,293,632 $ 388,267
Service
Capital Improvements' 33,470,425 21,154,794 (12,315,631)
Total Appropriations $ 145,375,790 $ 133,448,426 $ (11,927,364)
COMMUNITY DEVELOPMENT BLOCK GRANTS
Council Amended Council Amended
Budget Budget
December 19, 1990 April. 24, 1991 Net Change
Operating and. Debt
Service $ 1,308,000 $ 1,308,000 $ 0
Capital Improvements
717,000 '744,000 27,000
Total Appropriations
$ 2,025,000. $ 2,052,000 $ 27,000
Page 2 of 3
As all of these items, have been previously approved by Council, and upon review of these
amendments, the City Manager's Office recommends the approval of this report and the adoption of
the proposed resolutions,
Page 3 of 3
1990-91 BUDGE[ AHENDMENIS
COUNCIL
AMMO ACTION SUB C. O. B. C. O. B. C. O. B. G. C.
NO DATE DESCRIPTION FUND OBJECT PRG AMOUHT OPERATING C. [. P. OPERATING :. l' r. OPERATING C. I. P.
1'Jul-90 C.OUNCIL APPROVED APPROPRIATIONS 1~?,111,865 111,766,780 31,225,7'52 1,235,000 325.000 2,509,353 50,000
COUNCIL APPROVED INTERFUNO TRANSFERS 4,165,940 3,040,940 1,195,000
................. I .............. I .............. I .............. I .............. I .............. I ..............
TOTAL COUNCIL APPROVED APPROPRIATIONS 151,277,805 114,807,720 31,225,732 1,235,000 325.000 3,634,353 50,000
1 25'Ju[-90 APPROPRIATE OEVELOPER CONTRIBUTION
8RUNDAGE LANE STORM DRAIN CONSTRUCTION
NON'STRUCTURAL IMPROVMENTS 311 79400 747 14,6Z+1 14,6~1
2 25'Jul-90 APPROPRIATE TDA FUNO BALANCE
MING AVENUE OVERCROSSING WIOEN~NG AT HWY 99
STREET IMPROVEMENTS 141 79500 743 245,470 245,470
3 25-Ju{-90 APPROPRIATE CDBG REVENUES
RENIAL REHABILIATON PROGRAM
OIRECT HOUSING ASSISTAqCE 111 75900 652 73,000
2S-Jul-90 APPROPRIATE SEWER ENTERPRISE FUND BALANCE
CONSTRUCTION OF SEWER LINES BETWEEN OLEANDERAND HST.
NOM-STRUCTURAL IMPROVEMENTS 562 79&00 746 9,070 9,070
5 ~-Au~-90 TRANSFER COUNCIL CONTINGENCY
POLICE SALARY SETTLEMENTS
UNAPPLIEO APPROPRIATIONS 011 76100 911 (366,526] (366,526)
REGULAR gAGES & SALARIES 011 70100 VAR 284,858 28Z+,858
OVER1]ME 011 70300 VAR 12,517 12,517
RETIREMENT 011, 70400 VAR 69,151 69,151
NAD:~ilY/911L~ADS91.XLS 1:10 PM PAGE I ATTACBI~I' A
F.Y. 1990-91 BUDGET AMENOMENTS
COUNC I L
AMMO ACTION SUB C.O.B. C.O.B. C.D.B.G. C.C. ~. C. C.D.O.A. C.D.O.A.
NO DATE DESCRIPTION FUND OBJECT PRG AMOUNT OPERATING C. 1. P. OPERATING :. ~. OPERATING C.I.P.
6 8'Aug-90 APPROPRIATE COUNTY CONTRIGUTION
INCENTIVE AREA INFORMATION CENTER COSTS
CONTRIBUTIONS TO OTHER AGENCIES 011 74800 672 37,085 37,085
22'Aug-90 APPROPRIATE TOA'FUNO BALANCE
7
RETAINING WALL ON COLLEGE AVENUE
STREET IMPROVEMENTS 141 ?9500 ?43 12,000 12,000
8 22-Aug-90TRANSFER COOA FUNDSFR(~q OPERATING TO CIPBUOGET
PROPERTY ACCIUSITION SETTLEMENT
PROFESSIONAL &CONSULTING 391 74100 6?5 (100,000) ':. (100,000)
LAND & LAND IMPROVEMENTS 391 79100 675 lOO,OOO 100,000
9 22-Au~-90 APPROPRIATE PROMOTER REVENUE
TEMPORARY HELP COI4PLIANCE WITH CSDEO
TEMPORARY & SEASONAL SALARIES 011 70200 582 75,000 75,000
MEDICARE INSURANCE 011 70820 582 2,000 2,000
11 5-Sep-9~ TRANSFER COUNCIL CONTINGENCY
LEGAL REPRESENTATION FOR STREET LIGHTACQUISITION
UNAPPL lED APPROPRIATIONS 011 76100 911 (60,000) (60,000)
TRANSFERS TO OTHER FUNDS '
011 79900 991 60,000 60~000
NON-STRUCTURAL IMPROVMENTS 1~11 79400 742 60,000 60,000
~9.f~-gq3 TRANSFER COUNCIL CONTINGENCY
&LL-AMERICA CITY PROI4OTIONAL ITEMS
UNAPPLIED APPROPRIATIONS 011 76100 911 (5,0001 (5,000)
OTHER MATERIALS & SUPPLIES 011 71900 122 5,000 5,000
mAD:,/tY/91 ~IJDADS91.XLS 1:10 PM
PAGE 2 ATTACHMENT A
F.Y. 1990-91 BUDGET AMENDMENTS
COUNCIL
AMND ACTION SUB C.O.B.' C.O.B. C.D.B.G. C. :. G. &. C.O.D.A. C.D.D.A.
NO DATE DESCRIPTION FUND OBJECT PRG AMOUNT OPERATING C. 1. P. OPERATING :. : ~. OPERATING C.I.P.
1] 19-Sep-90 TRANSFER COUNCIL CONTINGENCY
ADDITIONAL PERSONNEL: PLANNING, BUILDING, PUBLIC WORKS
UNAPPLIED APPROPRIATIONS 011 76100 911 (43,000) (43,000)
REGULAR WAGES & SALARIES 011 70100 612 43,000 43,000
14 19-SED-90 TRANSFER COUNCIL CONTINGENCY '-
PURCHASE OF REAL PROPERTY - SW CORNER EYE & 1]TH ST,
UNAPPLIED APPROPRIATIONS 011 76100 911 (15,500 (15,500}
TRANSFERS TO OTHER FUNDS 011 79900 991 15,500 15,500
LAND & LAND IMPROVHENTS 311 79100 711 15,500 15,500
15 ~'9-Seo-90 APPROPRIATE SPECIAL ASSESSMENT FUND BALANCE
RANCHO LABORDE SPECIAL ASSESSMENT BOND PROCEEDS
AD 86-2ASTREET IMPROVMENTS 854 79500 743 400,000 400,000
AO 86-2BSTREET IMPROVMENTS 856 79500 743 167,000 167,000
AD 86-ZCNON'STRUCTURAL [MPROVI4E#TS 862 79400 743 265,500 265,500
AD 86-20STREET IMPROYMENTS 863 79500 743 549,000
17 3'0ct-90 APPROPRIATE GAS TAX FUND BALANCE
GOROON~S FERRY SRIOGE REPLACEMENT
STREET IMPROVEMENTS 151 ?9500 743 95,000 95,000
]-0ct-99 APPROPRIATE DEVELOPER REVENUE
GORDON*S FERRY BRIDGE REPLACEMENT
STREET IMPROVEMENTS 151 79500 7~3 35,000 35,000
~D:~/1?/st e~D~DS91.XLS 1:10 PM
PAGE 3 ATTACHHENT A
F.Y. 1990-91 BUDGET AMENDMENTS
COUNCIL
AMND ACTION SUB C. O. B. C. O. 8. C. D. B. G. C. :. 6. G. ~ C. O. D. A. C. O. O. A.
NO : DATE DESCRIPTION FUND OBJECT - PRG AMOUNT OPERATING C. I.P. OPERATING C. :. OPERATING C. 1. P.
17 3-0ct-90 APPROPRIATE BRIDGE REPLACEMENT GRANT REVENUE
GORDON'S FERRY BRIDGE REPLACEMENT
STREET IMPROVEMENTS 331 79500 743 270,000 270,000
18 17-0ct-90 APPROPRIATE OEVELOPER FUNOS
ASSESSMENT DISTRICT 90-1 (POLO GRC&JNDS)
- OTHER OUTSIDE SERVICES 86/, 74500 411 40,000 40,~00
19 Z-Nov=90 APPROPRIATE COUNTY CONTRIBUTION
BOYS & GIRLS CLUB IMPROVMENTS
CONTRIBUTIONS TO OTHER AGENCIES 116 74800 653 100,000 10~.00:
20 28-#ov-90 APPROPRIATE HOMELESS CENTER DONATION TRUST ACCOUNT
#OMELESS FACILITY CONSTRUCTION
LAND & LAND IMPROVEMENTS 113 79100 765 13,000 !3,000
21 ~B-aov-~ A~P~OPRIATE ANO TRANSFER SEIZED ASSET FORFEITURE FUNDS
UIMOERCOVER VEHICLES
AUTOMOTIVE EOUIPMENT 621 77200 441 60,000 60,000
~B-#~v-90 APPROPRIATE SEWER FUND BALANCE
mcCUTCHEOH RO. SEWER REPLACEMENT
NON-STRUCTURAL IMPROVEMENTS 562 79600 746 '191,120 191,120
mAD:,/l~/9l ILIO~D$91.XLS 1:10 PM ~ PAGE ~ ATTACHMENT A
F.Y. 1990-91 BUDGET AMENDMENTS
COUNC I L
AMND ACTION SUB C.O.B. C.O.B. C.O.B.G. C.O.B.G. C.O.O.A. 'C. O. O. A.
NO OATE OESCRlPTION FUNO OBJECT PRG AMOUNT OPERATING C. I. P. OPERATING C. I. P. OPERATING C. I. P.
2] 28-Nov-90 APPROPRIATE PROJECT REVENUE
HOMELESS FACILITY CONSTRUCTION
BUILIDINGS 113 79200 765 279,000 279,000
24 31-Jut-90 REDUCE TOA FUND (ARTICLE 3)
K. R. PARIG/AY BIKE/PEOESTRIAN PATHWAY CONSTRCUTIOH
NON-STRUCTURAL iMPROVEMENTS 162 79600 7~6 (84,608) (84,608)
19-0ec-90 REOUCE INTERFUNO TRANSFERS
STATION 2 - EARTHQUAKE REINFORCMENT
TRANSFERS TO OTHER FUNDS 011 79900 991 (60,000) (40,000
19-0lC-90 AOOi1IOMAL APPROPRIATIO#S - DECEMBER 19~0 2,883,778 174,085 2,244,693 73,000 392,000 (100,000~ 100,000
19-0~-90 AODITIONAL INTERFUNO TRANSFERS - OECEMBER 1990 35,500 35,500 0 0 0 0
19-0l~:-90 AOOITIONAL APPROPRIATIONS LESS TRANSFERS 2,848,278 138~585 2,244,693 73,000 392,000 (100,000] 100,000
19-De1:-90 COURCIL AMEROED APPROPRIATIONS - DECEMBER 1990 149,960,143 111,905,365 33,470,425 1,3Q8,000 717,000 2,4D~,353 150,000
19-Dle-9~ COUNICL R~ENDED INTERFUND TRANSFERS - OECEMBER 1990 4,2010440 3,076,440 0 0 0 1,125,000 0
1?Dele-e0 COUNCIL AMENDED BUDGET 154,161,583 114,981,805 33,4Z0,425 1,308,000 717,000 3,534,353 150,000
~1~0:&/I?/9! I.~)AOS91.XLS 1:28 PM PAGE 5 ATTACHI~Ii A
F.Y. 1990-91 BUDGET AMENDMENTS
COUNCIL
AMND ACTION SUB C. O. B. C. O. B. C. O. B. G. C. ~. ~. C. C. O. D. A. C. O. O. k.
NO DATE DESCRIPTION FUND OBJECT P'RG AMOUNT OPERATING C. I. P. OPERATING :. :. ~ OPERATING C. I. P.
5 8-Aug-90 TRANSFER COUNCIL CONTINGENCY
POLICE SALARY SETTLEMENTS - RETRO ACTIVE PAY
UNAPPLIED APPROPRIATIONS 011 76100 911 (113,474) (113,476)
REGULAR gAGES & SALARIES 011 70100 VAR 88,56~ 88,566
OVERTIME 011 70300 VAR 3,613 3,613
RETIREMENT 011 70400 VAR 21,497 21,~97
25 19-Dec-go APPROPRIATE COUNTY GRANT REVENUE
N~qELESS FACILITY
BUILDINGS 113 79200 765 27,000 27.00:
26 19-De¢-99 APPROPRIATE STATE PARK GRANT FUND BALANCE
REIMBURSEMENT FOB CITY STAFF SERVICES
ADMINISTRATIVE COST ALLOCATION 161 . 75600 754 18,666 18,664
ADMINISTRATIVE COST ALLOCATIbN 164 75600 756 127 127
27 -19-0ec-90 TRANSFER COUNCIL CONTINGENCY
INSTALLATION OF FUEL TANKS AT RZO BRAVO FIRE STATION
UNAPPLIED APPROPRIATIONS 011 76100 911 (30,000) (30,000)
TRANSFER TO OTHER FUNDS 011 79900 991 30,000
BUILDINGS 311 79200 7'56 30,000 30,000
19-De,~-gO APPROPRIATE ~ATER FUND BALANCE
~TER RESOURCES FACILTY BUILIDiNG
NON-STRUCTURAL IMPROVHENTS 521 79600 752 56,000 56,000
~AO:,/Ir/91 ~JOADS91.XLS 1:10 PM PAGE 6 ATTACHMENT A
F.Y. 1990-91 BUOGET AMENDMENTS
COUNCIL
AMMO ACTION SUB C. O. S. C. O. B. C. D. B. G. C. D. B. G. C. D. O. A. C. O. O. A.
NO DATE DESCRIPTION FUND OBJECT PRG AMOUNT OPERATING C. 1'. P. - OPERATING C. I.P. OPERATING C. I. P.
19-Dec-90' APPROPRIATE TDA FUNDS
UNION AVE. OVERCROSSING - PRC)~ERTY ACQUISITION SETTLEMENT
STREET IMPROVEMENTS 143 79500 743 '55,000 55,000
30 9-Jan-91 TRANSFER COUNCIL CONTINGENCY
JAIL SOCNCING FEES
UNAPPLIEO APPROPRIATIONS 011 76100 911
CONTRIBUTIONS TO OTHER AGENCIES 011 74800 321 239,400 239,400
31 30-Jan-91 TRANSFER CIP SAVINGS TO OPERATING BUOGET (GAS TAX FUNDS)
LOCAL AREA BETIdORK (LAN) - TAPE BACKUP SYSTEM
STREET IMPROVEMENTS 151 79500 743 (2,5003 (2,500)
TRANSFERS TO OTHER FUNDS 011 79900 991 2,500 2,500
COMPUTER EQUIPMENT & SOFTgARE 151 78100 411 2,500 2,500
30-Jan-91 TRANSFER GENERAL FUNO ELECTRICAL SAVINGS
VAN UITR 30 FOOT AERIAL OEVICES FOR ST. LIGHT MAINTENANCE
ELECTRICTY (SAVINGS) 011 T5500 424 (50,0001 (50,000)
TRANSFERS TO OTHER FUNDS 011 79900 991 50,000 50,000
AUTO EQUIPMENT 621 77200 441 50,000 50,000
33 15-F~,-91 TRANSFER COUNCIL CONTINGENCY
HAZ-M~T PARKING GARAGE - STATION 11
UNAPPLIED APPROPRIATIONS 011 76100 911 (27/6903 (2?,690)
TRANSFERS TO OTHER FUNDS Of 1 79900 991 27,690 27,690
BUILDINGS 311 ?9200 T56 27,690 27,690
m~:&ll?/911LI)AOS91.XLS 3:03 PM PAGE ? ATTACB~E#T A
E.Y. 1990-91 BUDGET AMENDMENTS
COUNCIL
AMNO ACTION SUB C. O. B. C. O. B. C. D. B. G. C. L. ~. ~ C. O. O. A. C. O. D. A.
NO DATE DESCRIPTION FUND OBJECT PRG AMOUNT OPERATING C. I. P. OPERATING £. :. ;. OPERATING C. 1. P.
]4 27-Feb-91 APPROPRIATE TDA ARTICLE 3 REVENUES
PEOESTRIAN/BIKEWAY PROJECTS
NON-STRuCTURAL IMPROVEMENTS 142 79400 754 39,38~3 39,388
OTHER OUTSIDE SERVICES 142 74500 411 2,400 2,400
35 27-Feb-91 TRANSFER COUNCIL CONTINGENCY
SPCA - SPAY/NEUTER PROGRAM
UNAPPLIEO APPROPRIATIONS 011 76100 911 (5,000) ¢5,Q00)
cONTRIBUTIONS TO OTHER AGENCIES 011 74800 215 5,000 5,000
36 2Z-Feb-91 TRANSFER COUNCIL CONTINGENCY
UNOERGROUNO TANK STORAGE PROGRAM (UGST)
UNAPPLIEO APPROPRIATIONS 011 76100 911 (6/,,000) (6~,000)
REGULAR WAGES & SALARIES 011 70100 38~ 14,065 14,065
STATIONARY & OFFICE SUPPLIES 011 71800 38/, 400 400
REIMBURSABLE EXPENSES' 011 75100 38/. 800 800
RENTAL - INTERNAL VEHICLES 011 76200 38/* 1,890 1,890
OFFICE FURNITURE & EQUIPMENT 011 77'100 384 10,~0 10',750
COMPUTER EQUIPMENT & SOFTWARE 011 78100 38& 36,095 36,095
37 13'#ar'9! APPROPRIATE S8 90 REVENUES
COST ACCOUNTING SERVICES
OTHER OUTSIDE SERVICES . 011 74500 272 10,800 10,800
38 q$'~r-91 &PPROPRIATE EQUIPMENT FUND BALANCE
V~RICLES FOR HAZ MAT/UGST PROGRAM
AUTO EQUIPMENT 621 77200 441 22,300 22,300
M~:&/t~/9! ~L~DS91.XLS 1:10 PM PAGE 0 ATTACHMENT A
F.Y. 1990-91 BUDGET AMENDMEN[S
COUNCIL
AMND ACTION SUB C, O. B. C. O. B. C. D. B. G. C. :. b. ;~ C. 0. D. A. C. D. D. A.
NO .DATE DESCRIPTION FUND OBJECT PRG AMOUNT OPERATING C. I. P. OPERATING :. : :. OPERATING C. I. P.
13-Nar-91APPROPRIATE GENERAL FUND BALANC~
PROPERTY TAX ADNINSTRATION COSTS
CONTRIBUTIONS TO OTHER AGENCIES 011 74800 277 380,000 380,000
&O 24-Apr-91 REDUCE SEUER FUND o PLANT NO. 2 FUND APPROPRIATIONS
PLANT EXPANSION - PHASE I &
BUILDINGS 561 79200 745 (1:], 700,000) (13,700,000)
41 2&-ADr-91REDUCE EQUIPMENT REPLACEMENT FUND APPROPRIATIONS
COMI4UNICATIONS EQUIPMENT REPLACEMENT PROJECTS
SIGNAL & COMMUNICATIONS EQUIPMENT 62:] 77500
/*2 ~O-alm-91APPROPRIATE SEWER FUND BALANCE
STINE & McCUTCHEON ROADS SEUER CONSTRUCITOM
NON-STRUCTURAL IMPROVEMENTS 562 79400 746 1,100,000 1,100,000
27-#er-91TRANSFER COUNCIL CONTINGENCY
TRAILER MOUNTEO RADAR OEVICE
UNAPPL I EO APPROPRIATIONS 011 76100 911 (10,000) (10,000)
TRANSFER TO OTHER FUNOS 011 79900 991 10,000 10,000
EUIPMENT NOC 62:] 78:]00 /.41 10,000 10,000
4~ ~-gl~-91 APPROPRIATE EQUIPMENT MANAGEMENT FUND
DIESEL PO~EREO LOAOERS
'UNAPPL lED APPROPRIATIONS 5/.1 7/.:]00
TRANSFER TO OTHER FUNDS 5~.1 79900 991 82,000 82,000
CONST. & STR. HA.INT EOUIPMENT 621 77]00 44,1 82,000 82,000
· #aA:&/l?/~l ILI)~$91.XLS 1:10 PM. PAGE 9 ATTACHHENT A
F.Y. 1990-91 BLIOGET AMENDMENTS
COUNCIL
AMND ACTION SUB C.O.B. C.O.S. C. 0. B.G. C.D. 8. G. C.D.D.A. 'C. O. D. A.
NO DATE 'DESCRIPTION FUND OBJECT PRG AMOUNT OPERATING C. I. P. O~ERATING C. I. P. OPERATING C.
&5 lO-Apr-91 TRANSFER COUNCIL CONTINGENCY
SALARY SETTLEMENTS - UNITS 1, 2, 5, ?, &9
UNAPPLIED APPROPRIATIONS 011 ?6100 911 (515,248) (515,248)
REGULAR gAGES & SALARIES 011 70100 VAR 460,850 460,850
LIFE INSURANCE 011 ?0800 VAR 4,159 4,159
~EOICARE 011 ?0820 VAR 2;152 2,152
RETIREMENT' 011 ?0400 VAR 11,099 11,099
RETIREMENT 011 70500 - VAR 36,988 36,988
45 lO-Apr-91 TRANSFER COUNCIL CONTINGENCY
GENERAL FUND MEDICAL INSURANCE I~CREASES
UNAPPLIEO APPROPRIATIONS 011 76100 911 (140,772) (140,772)
MEOICAL INSURANCE 011 70800 VAR 140,772 140,772
45 10-Al:g'-91 APPROPRIATE FUND BALANCE (VARIOUS)
SALARY SETTLEMENTS - UNITS 1, 2, 5, 7, &9
SALARIES & BENEFITS 511 VAR VAR 22,919 22,919
SALARIES & BENEFITS 521 VAR VAR 1,956 1,956
SALARIES & BENEFITS 541 VAR VAR 55,190 55,190
SALARIES & BENEFITS 561 VAR VAR 10,319 10,319
SALARIES & BENEFITS 562 VAR VAR 30,163 30,163
SALARIES & BENEFITS 611 VAR VAR 6,411 6,411
SALARIES & BENEFITS 623 VAR VAR 44°999 44,999
I0-/~-91 ~P~ROPRIATE PARKING LOT FUND BALANCE
PARKING LOT 18th & K
NON-STRUCTURAL IMPROVEMENTS 531 ?9400 ?44 60,000 60,OOG
#AD:&II?~! ~$91.KLS 3:05 PM
. PAGE 10 ATTACHMENT A
F.Y. 1990-91 BUOGET AHENDMENTS
COUNCIL
AMND ACTION SUB . C.O.B. C.O.B. C.D.B.G. Co D. B. Go C.O.O.A. C.O. Do A.
NO DATE DESCRIPTION FUND OBJECT PRG AMOUNT OPERATING C.I.P. OPERATING C.I.P. OPERATING C.I.P.
· 24-Apr-91 AODI11ONAL APPROPRIATIONS - APRIL 1991 (11,698,174) 590,457 (12,315,631] 0 27,000 0 0
2&-Apr-91 ADDITIONAL INTERFUNO TRANSFERS - APRIL 1991 202,190 202,190 0 0 0 0 0
. 2~-Apr-91 ADDITIONAL APPROPRIATIONS LESS TRANSFERS (11,900,]6~) ]88,267 (12,315,611] 0 27,000 0
24-Apr-91 COUNCIL AJ4ENDED APPROPRIATIONS ' APRIL 1991 138,059,779 112,293,632 21,154,T94 1,300,000 ?44,000 2,409,353 150,000
24-Apr-91 COUNICL AMENDED INTERFUND TRANSFERS - APRIL 1991 4°403°630 3,278,630 0 0 0 1,125,000 0
COUNCIL AMENDED BUOGET 142,463,409 115,572,262 21,154,794 1,308,000 744,000 3,534,353 150,000
24-Apr-91
RADI&/IY/9! I~DS91.XLS 3:05 PM PAGE 11 ATTACHMENT A
CITY COUNCIL REFERRAL
MEETING OF: 04/10/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM: RECORD¢ 7876
Communication from Robert Lynn, The Lynn Company,
P.O. Box 1966, dated March 20, 1991, regarding
the Business Improvement District Ordinance.
ACTION TAKEN BY COUNCIL:
RECEIVE AND REFER TO BUDGET AND FINANCE
COMMITTEE. APPROVED AA.
BACKUP MATERIAL ATTACHED: YES
DATE FORWARDED BY CITY CLERK: 04/12/91
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE,
Office: 805/322-4077
~_--~ Toll Free: 800/326-5966
~' FAX: 805/322-4898
The Lyrm Compar y Professional XnsuranceBrokers
P.O. Box 1966
Bakersfield, California 93303
March 20, 1991
City of Bakersfield
City Ccuncil
1501 'Truxtun Avenue
Bakersfield, California 93301
Dear Sirs:
While our business is not directly effected by the Business Improvement District Ordinance, I
have had enough of our clients complain about it to make me wish to add my voice to theirs.
From what I gather from my friends and clients the cost of their business license has been
increased as much a 400% to pay for downtown improvements. It has been my experience in
· dealing with,bureaucracy that the majority of money collected is spent on studies and very little
for the purpose for which it is collected.
The pebple that I have talked to are quite willing to keep up the appearance of their own stOres
and are not asking for help from the City of Bakersfield. I feel that this ordinance could be
rePlAced simply by appealing to each downtown business, owner to keep their location clean
and!~,r~ctive.~ ,
SinCe)~,
Presidentl '\~
RLdmr
cc: The Honorable Clarence Medders-~Mayor of Bakersfield
· ~--" CITY COUNCIL REFERRAL
MEETING OF: 03/27/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM: RECORD¢ 7752
Communication from Don Vignaroli, Elite
Interiors, 2235 H Street, dated March 12, 1991,
in opposition to the Business Improvement
District Ordinance.
ACTION TAKEN BY COUNCIL:
RECEIVE AND REFER TO BUDGET AND FINANCE
COMMITTEE. APPROVED AA.
BACKUP MATERIAL ATTACHED: YES
DATE FORWARDED BY CITY CLERK: 03/29/91
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
.... '~::. :¢ ?,'::-I 'have' ,maintained: mybusiness :in .the' dOwntown area' Sinse May: of' 1977' and;,in: ·that :c:-.~%.?., ...
'' ",i?i?i}}'time~ myYbusiness.; has paid some"~.$20,000.00 towards'downtown-improvement..: The_ :. ·
' :-'-i '-:::7.only,'. "improvements'.' ~:1 .'have seen.: is :some brickWork at '19th' &' Chester; which' has'"-'- ':'--'
· :--?::, resulted ' in -a': 'gatherir~g: :place .for" the "homeless and .other.: 'questionable 'people.' -In ' ' :'
- ::-"addition~ endlesS 'studies. :have been made'and paid'for-~from-the fund which have..:..-
r~sulted .in no 'action'.or. improvement.' For this,"the stru~glin~ downtown' business
.. :..~... owners ..are expected 'to pay 400% premium on their business license,: I think
business owners should be encouraged to maintain their downtown locations, not
discouraged by unfair assessment of additional fees.
· '-'. :~.:'lf anythin~ can be:done to repeal this. unfair/and unnecessary ordinance. I will· '-
2235 H STREET · BAKERSFIELD, CALIFORNIA 93301 · ";: (805) 327-9941 ·- FAX (805) 322-3869
CITY COUNCIL REFERRAL
MEETING OF: 04/10/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM: RECORD~ 7877
Communication from Donald d. Stussy, Roger Dunn
Golf Shop, 2211 "H" Street, dated March 20, 1991,
regarding the Business Improvement District
Ordinance.
ACTION TAKEN BY COUNCIL:
RECEIVE AND REFER TO BUDGET AND FINANCE
COMMITTEE. APPROVED AA.
BACKUP MATERIAL ATTACHED: YES
DATE FORWARDED BY CITY CLERK: 04/12/91
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIHE COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
ROGER DUNN LF SHOP
World's Largest Golf Supermarket. s!
2211 "H" Street, Bakersfield, CA 93301 (805) 324-4768
March 20, 1991 '~ :' "'~'C
City of Bakersfield
Mayor's Office
1501 Truxtun Avenue
Bakersfield, Ca. 93301
Dear Sirs:
You have been trYing to encourage business
people to move to the downtown area to stimu.late
growth and interest. Yet, you penalize the ones
of us who do decide to stay or move downtown by
assessing us a fee under 'the Business Improvement
District Ordinance. The accomplishments of this
group are very sad and lacking. The many studies
and restudies (e.g., the proposed parkway between
23rd and 24th Streets) that continue to go on but
never happen are an example of its ineptness.
I have paid $4500 into this fund over the past
few years without seeing .any major physical evidence
to justify the charge.. I strongly recommend the
City Council rescind this Ordinance to encourage
other businesses to move downtown; otherwise, I
feel very strongly that With this additional financial
burden, will continue~ to wither.
dowhtown
Sincerely,
;:~:~c: Bakersfield City Council
Business Office: 5401 Business park South, Suite 217, Bakersfield, CA 93309, (805) 322-~02
CZTY COUNCZL REFERRAL
HEET~NG OF: 04/10/91
REFERRED TO: BUDGET & F~NANCE J W ST~NSON
~TEH: RECORD~ 7921
Communication from SPCA submitting Annual Budget.
(NcDermott)
ACTZON TAKEN BY COUNCZL:
HOT,ON TO REFER TO BUDGET AND FINANCE COHH]TTEE.
APPROVED.
BACKUP HATERZAL ATTACHED: YES
DATE FORWARDED BY C~TY CLERK: 04/12/91
STATUS:
PLEASE ENTER THE STATUS ~NTO THE PR~HE COHPUTER
COUNCIL REFERRAL TRACKZNG SYSTEH AS PROGRESS ZS HADE.
BAKERSFIELD SOCIETY FOR THE PREVENTION oF CRUELTY TO ANIMALS
Pet Adoption Center: 3000 Oibson Street, BakerSfield, California, c~3308 (805) 323-8353
Animal Control Shelter: 6851 Edison Highway, Bakersfield, California, c~3307 (805) 3(56-3234
FAX (805) 323-0949
REC'D ON FILE
A1 COUNCIL MEEI'ING OF
April 8, 1991
Honorable Mayor
and City COuncil
City Clerk's Office
1501 Truxtun Avenue.
Baker.sfield, California 9.,301
Dear Honorable Mayor and City Council,
Attached for your consideration is a copy of tile proposed budget for fiscal
year July 1, 1991-June 30, 1992. Our budget reflects a 2.4% increase to
the contract.
The Agreement between the City of Bakersfield and tile Bakersfield o.P.~.~
to perform animal control services will expire June 30, 1991.
c.p . .~tull have. bp. en re',;iewin!~ th~. Enntrar:t sn
The Bakersfield .=,., .C.A and Citu '-' --"
ttiat rene,,,,tal will be concurrent with the fiscal year 1991-92 Budget.
The Bakersfield S.P.C.A. wishes to continue providing animal c)r, trn!
services for tile City of Bakersfield We look forward to meeting w.ith
~o.Uoo renewal of the contract.
you to~'m
Sincerely,
X,
Dianna L. Kna'pp
Executive Director
We depend upon your contributions · Donations are tax deductible
B~):ERSFIELD
BUDGE!
c~ty A/C I ACCOUNT DESCRIPTION TOTAL CI1Y NON-CII¥
100.00~ SOLO0 LICENSE9 213,000,00 233,000.00 0.00
lO0.Oel 50200 IMPOUNDS 30,000,00 30,000.00 0.00
100,09l 50)00 CIi~TIDNS 20,¢~0,00. 20.(00,00 0.00
lO0.OOl 50~00 CITY CON!RACT 464,000,00
O.OOI ~0500 ABOPTIONS 2¢,8~7.00 0.00 21,897.00
O.OOt 50700 SALE OF M6RCH~){DIS~ 660.00 C',O0 660.00
O.OOZ 51000 REFUf{DS 0.00 0.0(~ 0,00
O.OOl 51{00 OVEn/SHORT 0,00 0,00 0.00
O.OOl 5llo0 E~PLDRER.POST 0.00 0,00 0,00
O,OOX 51~OC) RAni(9 YACCii4~TID~I$ !0,~92.00 0.00 10,792.00
O,OOZ 51500 SP~Y ~ NEUTER 63,77S.00
lO0,OOl 51600 Fi. EL9 CRLLEC!!DNS 3,300,00 1,300,00 0.00
O,OOX 5~8(~0 AOVERTISiH6 6,0~>0,00 0,00 6,000.00
O',OOZ 51900 A.~IRAL CLASSES 5~200.00 0.00 5,200.00
O.OOX 52000 EDUCAllON~L AC!iVI?IES 0,00 0,00 0.00
O.OOZ 52100 ~I$C PROJECTS 0.00 0.0(, 0,00
O.OOZ 52200 SPE6!~L EVENTS 27~200,00 0.00 27,200.00
O,OOl 5230~ Di¥I~DS ],300.00 0o00 3,)00,00
O.OOl 52400 CONTRIBUiiO)tS ll,lO0,O0 O. OO 11,100.00
O.OOZ ~2500 INT£REST iZi&OO,O0 0,00 15,600,00
O.OOZ ~28,>0 ~AIN 0!4 SALE DF A~El$ 0.00 0.00 O. OO
85.00Z ~2BO0 ~IS£ELL~NEOUS 4,000.00 ~,~00,00 600.00
0.0(,l f21(,O UN~ALIIEO OAIN ON SEC. 0.00 O.OO 0,00
TOTAL REVENUES i~04Z~279.00 772,800,7Z 270,(7B.25
72.00l 70100 FEED ti~ORO,O0 13,757.80 5,342.(0
8~,OOZ 70200 nEDIEAL SUPPLIES 8~(00,00
0,00~ 70~00 R~BIE$ VACCINATIONS B,%S.O0 O.O0
O. OOZ 704,>0 SPAY.& NEUTER 65,T35,00 0.00 53,7aa,00
72,00Z 70500 SHELLER ~AI~T. & REPAIR {6~100.00 !!,592.00
72.00~ 70600 SHELTER SL~PF'LIES t5,600,00
O,OOZ 70700 ~5~CHANDISE FOR RESALE · 0,00 0.00 0,00
O.OOl ?C8'>0 A~IHAL CARE-t4O~Cll¥ !,200,00 0.00 1,200.00
BS.OOZ 7V900 A~I~AL O!SPD~AL B,(60.O0
0.00] 71100 ~ISC,' COKE MACHINE I~BO0;O0 0,00 1,$00.00
IO0.OOZ 712~0 FUEL & OIL 11,700.0~ 11,700.00 0.00
85,00~ 7{300 UNIFORMS ],~00.00' 3,0~0,00 540.00
I'O0.O(,Z 71500 I~UCK SU~*FLIE9 {~2(,0,00 1~200,00 0,00
100,00~ 71600*IN,)U)ED ANIH~L COST-CiTY ~4,00'0,00 ~4,000,00 0,00
~O,O0~ ?~O00 S~O~L ~$LEIIE~ O,OO 0,00 0.00
50.001 71%0 PUBLIC EDUCAIlON 1,0(,0,00 500.00 500.00
0.001 72000 A~I~AL CLASSES 3,900.00 0,00
B5,O0I 72100 t,-HOUSE E~UCAIION 5,000.00 ~,100,00 ~00,00
O,OOi 72Z00 FUND RAISING 13~500.00 0.00 131500.00
100.00~ ~51OO ~EPRE£!~TION-¥EHiCLE$ l~,14~.00 11,74~,00 0,00
72.00l 75100 DEP~ECi~IION-~UtL~i~S ~,~2~i00 ~,168.16
BS.00X VSZO0 ~£P~ECtAIlDN-OFFIC~ ~.b~2.00 5,mBB.20 703.80
72,001 %qOODEPR[CI~IIOh-CO~?UTER B~4tO.O0 b,O~!.20 2,5OB,BO
72,00~ ~5~eO DEFREC!~TION-I~PROVE~ENI 261487,00 19,070.64
0.00~ ?~600 ~EF~ECIAIION-BONATED PRO' B6~.O0 0,00 864,00
72.00~ ~2400 uv~rU,E8 5ERV k SvPP~ ~,800.00 ~,4Zb.oO 1,344.00
50.00~ 82500 ,E~ERSHIP FEES 420.00 210.00 210,00
O. OOX B31O0 1NTERESI EXPENSE 0.00 O.Ou
lO0,O(il B$!Ol l~CK INSURANCE 12,600.0') 12,600,0~ 0.00
72.001 B5302 BUiL~ING INi{JRANCE 8,700.00 6,264;00
O,OOt )3700 p~/E~PtO','~ENI P~rSI['AIS 900.00 O.O0 iO0,O0
50.OOZ B3900 ACCflU~TING 12,200.00 o~100.00
iO.OOl 84000 LEGAL 2,400,00 i,ZOO,O0 1.200.00
lO0.OOX B~lO0 tICEN~E 5UPPL!ES 7,500.00 7,500.00
i00,00~ 84100 VEHICLE REPA!RS 7,2,)9,00 7,200.00 0.00 '
· - ' .... ~' 1:200.00 600.00 600,0(1
12.00Z 84700 OFFICE SdPPLIES 7,~40.00 ~,)Sb. BO 2,0BZ.20
t00,00I SO~O1S~LA~IES-ACO'S 1201330.00 120,)lO.O0 0.00
lO0,OOX 8~302 $~LAEiES-DtS?ATCHER 14,478.00 !~.47B,00 0,00
72,001 96304 S~L~IES-KE~EL 166,~40.00 lit,Eib,ON 46,~05.20
72.00Z 863O6 SgLA~iE$-GFFiCE ~0,200,00 33,2~4.00 12;936.00
72.00~ ~700 P~!C RELAilONS £ONSULI 2~(00.00 1,72B.90 672.00
BS,Oql BO~OG PAYROLL IAXE~ ~;68B,00 37!184.B0
85.00~ B7500 CO~,UNIC~T!O~S 15~660,00 !573i1,00
73,0(,~ B?D0 UTILIII£5 31,706,00 22,B28,32 B,BlT.OB
O.OOl PENALLY 0.00 0.00 0.00
TOIAL EXF'EIiSES 1,028~565,00 77Y,6~B,SB
(LOSS> I;,71¢,00 ,~.~. 14~561,81
AGREEMENT NO.
THIS AGREEMENT is entered into on by
and between the CITY OF BAKERSFIELD, a municipal corporation,
hereinafter "CITY", and BAKERSFIFI.~ SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS, hereinafter "SOCIETY".
RECITALS :
WHEREAS, CITY desires to obtain the services, supplies,
materials and use of shelter equipment and facilities of SOCIETY
in the enforcement and performance of the powers and duties of
the Health Officer of the City of Bakersfield, as set forth in
Title 6 of the Bakersfield Municipal Code; and
WHEREAS, SOCIETY desires to render, furnish and supply
its services, supplies, materials and use of its shelter
equipment and facilities, knowing that use of County facility is
available as a depository, in the enforcement and .performance of
said powers and duties for the remuneration hereinafter stated.
NOW, THEREFORE, CITY and SOCIETY agree as follows:
1. CITY hereby appoints SOCIETY as the "Health
Officer," in accordance with Title 6 of the Bakersfield Municipal
Code, of the City of Bakersfield for the term hereof and hereby
authorizes, directs and empowers SOCIETY to exercise and perform
all the powers and duties conferred and imposed upon the Health
officer by Title 6 of the Bakersfield Municipal Code (.hereinafter
"Title 6") as it may be amended from time to time during the term
of this contract, and to comply with all applicable laws of the
State of California.
2. SOCIETY agrees and undertakes, to perform all the
duties imposed upon the Health Officer by Title 6 as it may be
amended from 'time to time during the term of this contract (and
any renewal hereof) and 'to comply with all applicable laws of the
State of California.
3. SOCIETY agrees to patrol the streets and public
ways of the CITY at least six (6) days each week during daylight
hours to 'insure proper enforcement of Title 6.
4. SOCIETY agrees to pick up and .impound stray
animals and to pick up and impound any animal, within the CITY
upon request of any resident except for those within the
jurisdiction of the California Department of Fish and Game,
except cats, unleSs confined, and to enforce all CITY and State
laws pertaining to impounding of animals, by court proceedings if
necessary. SOCIETY may make, impose and enforce reasonable
charges to the owners of stray animals picked up pursuant to this
agreement in.accordance with Bakersfield Municipal Code Section
3.70.040.
5. SOCIETY agrees to maintain emergency pick-up
service twenty-four (24) hours per day, seven (7) days a week.
for, and to pick up sick, injured, dead or stray animals au the
request of any resident, police officer or public official of
CITY; provided, however, emergency pick-up services for dead
animals after business hours shall be limited to those
constituting public hazards.
6. SOCIETY agrees to investigate all cruelty to
animals charges and complaints Drought to the attention of
SOCIETY by any person within the City of Bakersfield.
7. SOCIETY agrees to dispose of carcasses of all
animals which come into the possession of SOCIETY in the
performance of the powers ~conferred and the duties imposed by
said ordinance. SOCIETY also agrees to pick up and dispose of'
any dead animal from private property within the CITY and to pick
up and dispose of all dead wild animals and all dead stray
domestic animals from public streets or private property without
additional charge to the CITY. SOCIETY may make, impose and
enforce reasonable charges to the owners of such animals~picked
up pursuant to this Agreement in accordance with Bakersfield
Municipal Code Section 3.70.040.
8. SOCIETY agrees to furnish and maintain a building
or enclosure during the term of this contract without any charge
or expense to CITY other than the payment hereinafter provided,
suitable to the keeping and safe holding therein of such animals
as are subject to impound pursuant to Title 6 or the laws of the
State of California.
9. SOCIETY agrees to employ,, at all times, radio-
equipped vehicles capable of both transmitting and receiving
radio messages sufficient.to fulfill its obligations under this
contract. Such vehicles shali.be equipped with air conditioning
equipment sufficient to protect confined animals therein from~the
heat. All calls relating to the animal control function, except
insofar as Title 6 provides otherwise, shall be directed solely
to the SOCIETY, and all dispatching of vehicles and personnel in
carrying out said function shall be done by the SOCIETY from and
through its own base. In no event shall SOCIETY utilize a band
or frequency used by the Police Department~ of City.
10. It is understood and agreed that SOCIETY shall use
its oWn animal shelter in carrying out its obligations under %his
agreement; provided, however, that the SOCIETY may exercise the
right of the CITY, pursuant to its agreement with the County of
Kern, to keep and impound animals in the animal shelter owned and
operated by ·said CountY.
16. Should SOCIETY, at the conclusion of a CITY fiscal
year, fail to collect fees and charges for animal ~ontrol
sufficient to satisfy the percentages of costs to be recovered as
set forth in Bakersfield Municipal Code Section 3.70.040, CITY
shall pay an additional amount to SOCIETY to cover said .costs,
not to exceed ten percent (i0%) of the total estimated revenues
to be collected through fees and charges. Should SOCIETY collect
fees and charges in any CITY fiscal year in excess of the
percentages of costs to be recovered as set forth in Chapter 3.70
of the Bakersfield Municipal Code, ~any excess shall be applied to
reduce the fees charged for animal control services for the next
fiscal year.
17. Ail veterinary services incurred in carrying out
this agreement shall be charges of SOCIETY and shall be billed to
SOCIETY and paid by it. SOCIETY shall retain and separately
account for all fees from licensing, impound and redemption
charges, proceeds from the adoption of all animals by SOCIETY and
charges for the pick-up of animals for the owner thereof.
18. SOCIETY agrees to ~urnish an annual report to the
City Manager of CITY containing a summary of its annual
operations, including complete financial information as reported
to the State Department of Justice upon forms approved for said
purpose.
19. SOCIETY shall not refuse to comply with reasonable
.requests by CITY to perform animal control services.
20. This Agreement callS for the performance of the
services of SOCIETY as an independent contractor, and SOCIETY
will not be considered an employee of ~the CITY for any purpose
and is not entitled to any of the benefits provided by CITY to
its employees. This Agreement shall not be construed as forming
a partnership or any other association with SOCIETY other than
that of an~independent contractor.
21. The failure of any party to enforce against
another a provision of this Agreement shall not constitute a
waiver of that party's right to enforce such a provision at a
later time, and shall not serve to vary the terms of this
Agreement.
22. During the term of this Agreement, SOCIETY shall
maintain a single.limit broad form commercial general liability
insurance policy in an amount of not less than $1,000,000.00 per
occurrence with combined liability for personal injury, property
damage and automobile liability with a reliable insurance carrier
authorized to do business in the State .of California and
statutory workmen's compensation coverage· Said policy or
policies of insurance shall expressly name the CITY and its
agents, officers, and employees as additional insuredS. Said
-- 4 --
11. SOCIETY agrees that all animals which are to be
kept as evidence during criminal proceedings shall be impounded
and kept at either SOCIETY's animal shelter or at the County
animal shelter.
12. SOCIETY agrees to enforce all ordinances
pertaining to the licensing of animals within the CITY. SOCIETY
will make available licenses to residents upon presentation of a
valid rabies certificate. Licenses will be available at
SOCIETY's shelter. SOCIETY will use canvassing, and media
advertising regarding licensing as deemed necessary.
13. CITY agrees, and hereby authorizes SOCIETY,
through its officers and employees, to issue citations for
violations of said Animal Control Ordinance; provided, however,
that citations may be issued only by those officers and employees
who have completed the special training course approved or
conducted by the Police Department of CITY in the use of
citations.
14. For and in consideration of the services agreed to
be performed by SocIETY hereunder, CITY agrees to pay to SOCIETY
the sum of $ each month during the first year of this
Agreement. Each payment shall be made, in advance, commencing in
July of 1991. SOCIETY shall submit on amonthly basis a claim
for payment to the City Manager's Department. Payments shall be
made by the CITY in accordance with those procedures?~
15.. SOCIETY shall, on or before April 1 of each year,
submit to the city manager a proposed budget covering the period
of the next immediate city fiscal year (commencing July 1). This
budget shall detail all anticipated expenditures and revenues and
be subject to review by CITY prior to its being fixed and
established by SOCIETY.
SOCIETY shall also submit a schedule of fees and
charges, which shall reflect the costs.to be recovered as set
forth in Chapter 3~70 of the Bakersfield Municipal Code. Such
schedule shall be implemented only after the schedule has been
approved by the city manager in accordance with the Bakersfield
Municipal Code. SOCIETY shall also submit a report of actual
costs in performing the duties set forth in this agreement,~and
actual fees and charges collected from the public for the said
performance.
SOCIETY shall also submit to the city manager, on
April 1 .and October 1 of each year, an operating report for the
previous six months, comparing estimated income and expenses from
the current year's budget for animal control with the actual
income and expenses for animal control for' that period.
insurance shall not be subject to cancellation, non-renewal, or
coverage reduction without thirty (30) days written notice to
CITY. SOCIETY shall provide to the CITY proof of insurance
endorsements and certificates of insurance prior to execution of
this Agreement. Said proof of endorsements and certificates of
insurance shall be attached to this Agreement as Exhibit "A".
23, Neither party shall be liable to the other party
for any loss, damage, liability, claim or cause of action for
damage to or destruction of property or for injury to or death of
persons arising solely from any act or omission of the other
party's officers, agents and employees.
CITY and SOCIETY agree to indemnify and hold each
other harmless from any and all claims, demands, liabilities,
losses or causes of action which arise by virtue of its own acts
or omissions (either directly or through or by i~s agents,
officers, or employees) to such extent and in such par% as the
respective parties are found by reason of law to have proximately
caused the injury or damage.
The party against whom any claim arising from any
subject matter of this agreement is filed shall give prompt
notice of the filing of the claim to the other party.
24. The rights and Obligations of this Aqreement shall
inure to the benefit of, and be binding upon, the parties to the
contract and their heirs, administrators, executors, personal
representatives, successors'and assigns.
25.. The term for 'this agreement shall commence on the
first day of July, 1991, and shall terminate on June 30, 1996.
SOCIETY or CITY shall have the option to terminate this agreement
at any time on not less than six (6) months' prior written
notice.
26. All notices relative to this Agreement snail b®
given in writing and 'shall be sent by certified or regis%ered
mail and be effective upon depositing in the United States mail.
The parties shall be addressed as follows, or at any other
address designated by nosice:
CITY OF BAKERSFIELD
City Hall
1501 Truxtun Avenue
Bakersfield, California, 93301
· BAKERSFIELD SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS
3000 Gibson Street
Bakersfield, California 93308
- 5 -
27. This contract shall not be assigned by any party,
or any party substituted, without prior written consent of all
the parties.
28. This contract sets forth the entire Agreement
between the parties and supersedes all other oral or written
representations. This contract may be modified only in a writing
approved by the City Council and signed by all the parties.
29. Each individual executing this Agreement
represents and warrants that they are duly authorized to execute
and deliver this Agreement on behalf of the corporation or
organization, if any, named herein and that this Agreement is
binding upon said corporation or organization in accordance with
its terms.
30. SOCIETY shall, at SOCIETY's sole cost, comply with
all of the requirements of Municipal, State, and Federal
authorities now in force, or which may hereafter be in force,
pertaining to this Agreement, and shall faithfully observe in all
activities relating to or growing out of this Agreement all
Municipal ordinances and State and Federal statutes, rules or
regulations now in ~fOrce or which may hereafter be in force.
31. This Agreement is effective upon execution. It is
the product of negotiation and therefore shall not be conssrued
against any party.
o0o ....
- 6 -
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed, the day and year first-above written.
"CITY"
CITY OF BAKERSFIELD
By
CLARENCE E. MEDDERS
. Mayor
APPROVED AS TO FORM:
LAWRENCE M. LUNARDINI
City Attorney
By
COUNTERSIGNED:
By
GREGORY J. KLIMKO
Finance Director
BAKERSFIELD SOCIETY FOR THE
PREVENTION OF CRUELTY TO
ANIMALS
By
By
LCM/meg
SPCA.K-3
4/8/91
- 7 -
ITEMS ADDED TO CONTRACT (all references are to proposed contract)
1) Item 4: Society will pick up all stray animals within the City, "except for those within the
iurisdic, tion of the California Department of Fish and Game, except cats unless confined".
Reason: The SPCA has in the past been called out to pick up wild anih~als, such as badgers, that
they do not have the facilities or expertise in handling. These animals Should be handled by .the
Department of Fish and Game.
With respect to cats, the SPCA will pick up cats, butthey must be confined in a cat trap, cage, box,
etc. Unconfined cats are difficult and often impossible to locate, catch and handle.
(Item 4 Of original cOntract)
2) Item 5: The SPCA will continue 24 hour emergency pick-up, however, "emer.qency pick-up
serVices for dead animals after business hours shall be limited to those constitutinq
public hazards."
Reason: The SPCA receives calls after hours (between 5 pm and 9 am) to pickup dead animals that
are on the side of the road or in the gutter. Unless these create a public hazard they can be picked
up during regular business hours rather than dispatch an Animal Control Officer after hours.
However, if the animal is in the middle of the road, or constituting a public hazard, an Animal
Control Officer will respond.
(Item 5 of original contract)
3) Item 9: "Such vehicles shall be equipped with air conditionin.q equipment sufficient to protect
confined animals therein from heat."
Reason: This is for the health, safety and comfort of the animals. Currently, the SPCA's animal control
vehicles do not contain air conditioning. Animals will expire of exposure to heat exhaustion if kept
in a confined area on a warm day for any length of time. Oddly enough, the manufacturers of
animal control vehicles do not provide air conditioning and the vehicles must be specially fitted
locally after they leave the factory.
(Added to Item 11 of original contract)
4) Item 11: Animals impounded for evidence during criminal proceedings can be kept at "either
SOCIETY's .animal shelter Or at the County animal shelter."
Reason: The original contract specified that animals to be used as evidence could not be impounded
at the County shelter. However, where the animals are impounded is determined by the courts
and not by the SPCA.
(Item 13 of original contract)
page 1 of 3
5) Item 15: "SOCIETY shall also submit a report of actual costs in performinq the duties set forth
in this .agreement, and actual fees and charges collected from the public for said
performance.
SOCIETY shall also submit to the city mana,qer, on April 1 and October 1 of each year,
an operating report for the previous six months, comparing estimated income and
· expenses frOm the current year's budqet for animal control with the actual income and
expenses for animal control for that period." ..
Reason: While the SPCA. is required to furnish an annual financial report, the report is comprehensive
and does not distinguish between' animal control and non-animal control services. They will now
be required to make this distinction 'and to also provide a comparison of actuals to budget for a
six month period. April 1 was selected because that is the date the proposed budget for the'
upcoming fiscal year is due to the City Manager's Office for review..
Added to Item 18 of original contract.
6) Item 16: "Should SOCIETY collect fees and charqes in any CITY fiscal year in excess of the
percentaqes of costs to be recovered as set forth in Chapter 3.70 of the Bakersfield
Municipal Code, any excess shall be applied to reduce the fees charqed for animal
control services for the next fiscal year."
Reason: This is consistent with the intent of Chapter 3107.
Added to Item 19 of original contract.
7) Item 17: "SOCIETY shall retain and separately account for all fees from licensinq, impound and
redemption charqes, proceeds from the adoption of all animals by SOCIETY and
char.qes for the pick-up of animals for the owner thereof."
Reason: Originally the SPCA was required to account for all of the above, but they were not required
to account for it separately.
Added to Item 20 of original contract.
8) Item 19: "SOCIETY shall not refuse to comply with reasonable requests by the CITY to perform
animal control, services."
Reason: If ever needed, this will provide the City with some leverage in obtaining the SPCA's
compliance with requests.
New item.
9) Items 20 through 31.: Standard boiler plate provisions that were not in place when the Original
contract was adopted.
page 2 of 3
ITEMS DELETED FROM THE CONTRACT (all references are to original contract)
1) Third paragraph under "WITNESSETH": "WHEREAS, Society recognizes the ,need for and intends
to make certain capital improvements to its existinq facilities' in order to meet the requirements of
this contract.'
Reason: Any capital improvements will be addressed either in a separate contract or as an amendment
to the existing contract.
2) Item 10: 'SOCIETY' agrees to pick up, accept, care for and maintain in custody any animals from
within City territory to be held for observation by the County Health Department and to
maintain such animal in an individual kennel away from contact with other animals
during the time held so."
Reason: The County is responsible for holding and observing animals With communicable diseases.
3) Item 15: "Licenses Will be available at the Society's shelter and in its patrol vehicles."
Reason: License are available at the animal control shelter but for their own protection, the licensors
and canvassers do not carry money.
4) Item 20: "No other charqes, subsidies, stipends or monies of any kind are to be paid by City
to Society."
Reason: Any grants or contributions other than What is specified in .the contract will be addressed as
a separate item and presented to council.
page 3 of 3
MEMORANDUM
May 1, 1991
TO: JOHN W. STINSON, ASSISTANT TO THE CITY t~NAGER
FROM: M.A. DUNWOODY, BUDGET ANAL~[\
SUBJECT: CONTRACT RENEWAL FOR THE BAKERSFIELD SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS
The contract with the Bakersfield Society for Prevention of Cruelty to Animals (SPCA) expires June 30,
1991. The SPCA indicated earlier this year that they were interested in renewing the contract.
Negotiations'with the Executive Director, Dianna Knapp and Ethel Miksits, President, began shortly after
that.
The proposed contract is for another five years, expiring June 30, 1996. New items to the contract
include a provision that the SPCA cannot refuse any reasonable request made by the City regarding
animal control services; that the animal control vehicles be equipped with air conditioning; and
requirements that additional financial information be provided to the City on a semi-annual basis. The
contract also provides that any fees collected in excess of the percentage of the costs to be reasonable
borne shall be applied to reducing fees in the next fiscal year.
Other changes include provisions that the SPCA will continue to pick up cats, as long as they are
confined and that emergency pick up of dead animals after hours (6 pm to 9 am) will be limited to
carcasses presenting a public hazard. All others will be picked up during regular business hours,
unless requested to do so by the Police Department. Both of these provisions are necessary due to
manpower constraints. In addition, the SPCA will continue to pick up all stray animals within the City,
except for those within the jurisdiction of the California Department of Fish and Game, such as badgers
and beavers.
As the current contract was drafted five years ago, several areas needed to be updated. For instance,
the original contract required that animals held for evidence could not be impounded at the County
Shelter. It is the courts, not the SPCA, that determine where an animal shall be impounded. The
original contract also required that the SPCA maintain in custody any animals picked up within City
territory for observation. It is the responsibility of the County to hold and observe animals with
mad:spcabfc Page I of 2
communicable diseases on behaff of the County Health Department. Also included in the original
contract was a provision that dog and cat licenses be made available in the patrol vehicles. This item
has been deleted as the SPCA does not desire that licensors carry money in the patrol vehicles for
reasons of safety.
Attached is a summary of the changes for your records.
mad:sPcabfc Page 2 of 2
JUNE 1991 SPCA CONTRACT CHANGES
ITEMS ADDED TO CONTRACT (all references are to proposed contract)
1) Item 4: Society will pick up all stray animals within the City, "except for those within the
jurisdiction of the California Department of Fish and Game, except cats unless confined".
Reason: The SPCA has in the past been called out to pick up wild animals, such as badgers, that
they do not have the facilities or expertise in handling. These animals should be handled by the
Department of Fish and Game.
With respect to cats, the SPCA will pick up cats, but they must be confined in a cat trap, cage, box,
etc. Unconfined cats are difficult and often impossible to locate, catch and handle.
(Item 4 of original contract)
2) Item 5: The SPCA will continue 24 hour emergency pick-up, however, "emergency pick-up
services for dead animals after business hours shall be limited to those constituting
public hazards.'
Reason: The SPCA receives calls after hours (between 5 pm and 9 am) to pickup dead animals that
are on the side of the road or in the gutter. Unless these create a public hazard they can be picked
up during regular business hours rather than dispatch an Animal Control Officer after hours.
However, if the animal is in the middle of the road, or constituting a public hazard, an Animal
Control Officer will respond.
(Item 5 of original contract)
3) Item 9: "Such vehicles shall be equipped with air conditioninq equipment sufficient to protect
confined animals therein from heat."
Reason: This is for the health, safety and comfort of the animals. Currently, the SPCA's animal control
vehicles do not contain air conditioning. Animals will expire of exposure to heat exhaustion if kept
in a confined area on a warm day for any length of time. Oddly enough, the manufacturers of
animal control vehicles do not provide air conditioning and the vehicles must be specially fitted
locally after they leave the factory.
(Added to Item 11 of original contract)
4) Item 1'1: Animals impounded for evidence during criminal proceedings can be kept at "either
SOCIETY's animal shelter or at the County animal shelter,"
Reason: The original contract specified that animals to be used as evidence could not be impounded
at the County shelter. However, where the animals are impounded is determined by the courts
and not by the SPCA.
(Item 13 of original contract)
mad:oldvsnew Page 1 of 3
5) Item 15: "SOCIETY shall also submit a report of actual costs in performing the duties set forth
in this agreement, and actual fees and charges collected from the public for said
performance.
SOCIETY shall also submit to the city mana.qerl on April I and October 1 of each year,
an operatinR report for the previous six months, comparin.q estimated income and
expenses from the current year's budqet for animal control with the actual income and
expenses for animal control for that period."
Reason: While the SPCA is required to furnish an annual financial report, the report is comprehensive
and does not distinguish between animal control and non-animal control services. They will now
be required to make this distinction and to also provide a comparison of actuals to budget for a
six month period. April I was selected because that is the date the proposed budget for the
upcoming fiscal year is due to the City Manager's Office for review.
Added to Item 18 of original contract.
6) Item 16: "Should SOCIETY collect fees and charqes in any CITY fiscal year in excess of the
percentaqes of costs to be recovered as set forth in Chapter 3.70 of the Bakersfield
Municipal Code, any excess shall be applied to reduce the fees charqed for animal
control services for the next fiscal year."
Reason: This is consistent with the intent of Bakersfield Municipal Code Section 3.07.040
governing the cost recovery of City services.
Added to Item 19 of original contract.
7) Item 17: "SOCIETY shall retain and separately account for all fees from licensin.q, impound and
redemption charqes, proceeds from the adoption of all animals by SOCIETY and
char.qes for the pick-up of animals for the owner thereof.'
Reason: Originally the SPCA was required to account for all of the above, but they were not required
to account for it separately.
Added to Item 20 of original contract.
8) Item 19: 'SOCIETY shall not refuse to comply with reasonable requests by the CITY to perform
animal control services."
Reason: If ever needed, this will provide the City with some leverage in obtaining the SPCA's
compliance with reasonable requests for animal control services not specifically included in the
contract.
New item.
9) Items 20 through 31: Standard boiler plate provisions that were not in place when the original
contract was adopted regarding insurance and other provisions as recommended by the City
Attorney's Office
mad:oldvsnew Page 2 of 3
ITEMS DELETED FROM THE CONTRACT (all references are to original contract)
1) Third paragraph under "WITNESSETH': 'WHEREAS, Society reco.qnizes the need for and intends
to make certain capital improvements to its existinq facilities in order to meet the requirements of
this contract."
Reason: Any capital improvements will be addressed either in a separate contract or as an amendment
to the existing contract.
2) Item 10: "SOCIETY a.qrees to pick up, accept, care for and maintain in custody any animals from
within City territory to be held for observation by the County Health Department and to
maintain such animal in an individual kennel away from contact with other animal,~
durin.q the time held so.'
Reason: The County is responsible for holding and observing animals with communicable diseases.
3) Item 15: "Licenses will be available at the Society's shelter and in its patrol vehicles."
Reason: L~icense are available at the animal control shelter but for their own protection, the licensors
and canvassers do not carry money.
4) Item 20: "No other charqes, subsidies, stipends or monies of any kind are to be paid by City
to Society."
Reason: Any grants or contributions other than what is specified in the contract will be addressed as
a separate item and presented to council.
mad:oldvsnew Page 3 of 3
MEMORANDUM
May 1, 1991
TO: JOHN W. STINSON, ASSISTANT TO THE CITY,~IANAGER
FROM: M.A. DUNWOODY, BUDGET ANALYS~
SUBJECT: ANNUAL CONTRIBUTION TO THE BAKERSFIELD SOCIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS
As you are aware, the City contracts with the Bakersfield Society for the Prevention of Cruelty to
Animals (SPCA) for animal control services. Bakersfield Municipal Code Section 3.70.040 requires that
the SPCA recover 40% of the cost reasonably borne through fees and licenses.
For F. Y. 1991-92 the SPCA is estimating that it will cost them $772,648 to provide animal control
services for the City. This is a 2.6% increase over the previous year. Increases are do primarily to
increases in worker's compensation costs.
The City'S portion of these costs for F. Y. 1991-92 amounts to $464,400, which takes into account
rounding to achieve a monthly payment of $38,700. Please refer to the attached worksheet to determine
how these amounts were derived.
If you have any questions, or if I can be of further assistance, please let me know.
F.Y. 1991-92 SPCA BUDGET
I CITY CONTRACT CONTRIBUTION I
Tota[ City Expenses $772,648
Percent Subsidized 60%
Tota[ City Contribution $46),589
Recommended Funding * $464,400
Monthty contract payment amount (12 mos) $38,700
* Note:
Recommended Funding is rounded to ref[ec a monthly payment divisible by 12 to the nearest $100.
MAD: 92SPCABD.XLS 5/1/91 10:24 AM
BAKERSFIELD SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS
Pet Adoption Center: 3000 Gibson Street, Bakersfield, CaJifornia, c;3308 (805) 323-8353
Animal Control Shelter: 6851 Edison Highway, Bakersfield, California, c;3307 (805) 306-3234
FAX (805) 323-0c24c~
Officers and Directors
February 5,. 1991
Ethel Miksits
President
Dallas Wilkinson
Pesident-Elect ::Mr. J. Dale Hawley, Manager
Bob Joyce City of Bakersfield
Vice-President 1501 Truxtun Avenue
Jim Hartzell Bakersfield,. California 93301
Recording Secretary
Audrain Cooper Subj: Animal Control
Corresponding Secretary
Bill Harper Dear Mr. Hawley:
Treasurer
Eric Bollier, D.V.M. The Bakersfield Society for the Prevention of Cruelty to
Animals currently has a contract with the City of
BrentCasper Bakersfield for animal control within the city limits.
Melody Gann
LeslieGregory Our' facility at 6851 Edison Highway is used as the
RussHaiey receiving center for all animals picked up as strays,
injured, or turned in by the general public. Space
GregHonegger permitting, we also hold all legal impounds at this same
Stella McMurtrey fac i 1 ity.
Ken Stachowicz
As the city limits have expanded in order to accommodate
Joan Waller the increased growth in the community our kennels on
ExecutiveD,rector Edison Highway have become grossly inadequate. There are
many times when we must post signs stating we cannot
DiannaKnapp accept any more animals. This action clearly defeats the
· purposes of our contract, not to mention the humane
aspects which we are extremely concerned with.
At this time we would like to ask the City for their
assistance in preparing the necessary feasibility studies
and/or engineering in order to expand the facility to
accommodate the present and future needs as they relate
to animal control. We then would like to discuss the
We depend upon your contributions · Donations are tax deductibJe
J. Dale Hawley February 5, 1991
City Manager Page 2
financing of this expansion and perhaps incorporate this
within our contract. We have some rough plans drawn up
by one of our Executive Board members that we would be
very happy to share with your engineers.
Sincerely,
~Et~hel Miksits, President Board of Directors
cc: ~ohn W. Stinson, Assistant to the City Manager
Melanie Dunwoody, City Budget Analyst
Dianna Knapp, Executive Director, Bakersfield SPCA
BAKERSFIELD SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS
Pet Adoption Center: 3000 Gibson Street, Bakersfield, California, 93308 (805) 323-8353
Animal Control Shelter: 6851 Edison Highway, Bakersfield, California, 93307 (805) 366-3234
FAX (805) 323-0949
Officers and Directors
Ethel Miksits President
Dallas Wilkinson
Pesident-Elect
Mr. J. _Dale HawleY, Manager
Bob Joyce City of Bakersfield
Vice-President 1501 Truxtun Avenue
Jim Hartzell Bakersfield, California 93301
Recording Secretary
Audrain Cooper Subj: Animal Control
Corresponding ,Secretary
Bill Harper Dear Mr. Hawley:
Treasurer
Eric Bollier, D.V.M The Bakersfield Society for the Prevention of Cruelty to'
Animals currently has a contract with the City of
BrentCas~r Bakersfield for animal control within the city limits.
Melody Gann
LesJieGregory Our facility at 6851 Edison Highway is used as the
Russ Haley receiving center for all animals picked up as strays,
injured, or turned in by the general public. Space
GregHon~ger permitting, we also hold all legal impounds at this same
Stella McMurtrey faci 1 ity.
Ken Stachowicz
As the city limits have expanded in order to accommodate
Joan Wailer
the increased growth in the community our kennels on
Executive Director Edison Highway have become grossly inadequate. There are
DiannaKnapp many times when we must post signs stating we cannot
:accept any more animals. This action clearly defeats the - -
purposes of our contract, not to mention the humane
aspects which we are extremely concerned with.
At this time we would like to ask the City for their
assistance in 'preparing the necessary feasibility studies
and/or engineering in order to expand the facility to
accommodate the present and future needs as they relate
to animal control. We then would like to discuss the
We depend upon your contributions · Donations are tax deductible
J. Dale Hawley February 5, 1991
City Manager Page 2
financing of this expansion and perhaps incorporate this
within our contract. We have some rough plans drawn up
by one of our Executive Board members that we would be
very happy to share with your engineers.
Sincerely,
~l~M~es ident Board of Directors
cc: John W. Stinson, Assistant to the City Manager
Melanie Dunwoody, City Budget Analyst
Dianna Knapp, Executive Director, Bakersfield SPCA
B A K E R S F I E L D .
1990
February 26, 1991
Ms. Ethel Miksits
President
Bakersfield Society for the Prevention of Cruelty to Animals
3000 Gibson Street
Bakersfield, CA 93308
Subject: Feasibility Study for EdisOn Facility Improvements
Dear Ethel:
In your February 5th letter you indicated that.the SPCA would like the City's assistance in preparing
the necessary feasibility studies and/or engineering in order to expand the Edison facility for present
and future animal control needs.
As contract administrator, I am available to discuss the preparation of the necessary feasibility studies
as needed. Though there have been several conversations on the matter, I would like to set up a'
separate meeting to begin discussing the SPCA's time frame, the capital needs, the'financing structure
and any other matters relative to the project. At that time, I would also like to take the opportunity to
discuss the extent of City's participation.
In your letter you also indicated that the SPCA would be interested in incorporating the financing of the
expansion' within the contract for services that is currently being renegotiated. Because of the timing
and complexity, the City would like to consider the expansion of the Edison facility as a separate item.
If need be, the terms of the expansion can be a addressed in a separate contract or included as an
amendment to the contract for services at a later date.
Sincerely,
Budget Analyst
CC:
Dianna Knapp, SPCA, Executive Director
Greg Honegger, SPCA, Past President
Dale Hawley, City of Bakersfield, City Manager
John Stinson, City of Bakersfield, Asst. to City Manager
mad: wp/spca - feastudy
City of Bakersfield · City Manager's Office · 1501 Truxtun Avenue
Bakersfield · California · 93301
(805) 326-3751 · Fax (805) 323-3780
CITY COUNCIL REFERRAL
MEETING OF: 03/13/91
REFERRED TO' BUDGET & FINANCE J W STINSON
ITEM: RECORD~ 7688
Agreement with Roger Ernst & Associates
Auctioneers, for public auction services.
(Police Asset Forfeiture)
ACTION TAKEN BY COUNCIL:
(A) MOTION TO REFER TO BUDGET AND FINANCE
COMMITTEE. APPROVED. (B) SALVAGGIO REQUESTED
CITY MANAGER TO LOOK INTO PROVIDING EXPLANATIONTO
MR, ED ROGERS AS TO THE REASON HIS CONTRACT WAS
NOT RENEWED,
BACKUP MATERIAL ATTACHED: YES
DATE FORWARDED BY CITY CLERK: 03/15/91
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
AGREEMENT NO.
PUBLIC AUCTION AGREEMENT
THIS AGREEMENT is entered into on , 1991, by
and between the CITY OF BAKERSFIELD, a municipal corporation,
(CITY herein), and ROGER ERNST, dba ROGER ERNST & ASSOCIATES
AUCTIONEERS, a sole proprietorship, (AUCTIONEER herein).
RECITALS
WHEREAS, the Bakersfield Police Department from time to
time has in its possession vehicles or other personal property
which are the product of an asset seizure, hereinafter referred
to as "PROPERTY";· and
WHEREAS, the Bakersfield Police Department desires to
dispose of Such PROPERTY; and
WHEREAS, a public auction is the best method of
carrying out said disposal; and
WHEREAS, the Bakersfield Police Department desires to
engage ERNST & ASSOCIATES AUCTIONEERS, who is a l£censed and
bonded auctioneer and represents that he has the proper permits
and expertise, to conduct such public auction.
NOW, THEREFORE, AUCTIONEER AND CITY AGREE AS FOLLOWS:
1. AUCTION: AUCTIONEER shall from time to time
conduct a public auction at AUCTIONEER's premises in Modesto,
California.
2. SERVICES: AUCTIONEER services shall include, but
are not limited to:
a. Conduct the auctions and provide all necessary
personnel and equipment needed to conduct said
auctions.
b. ~Provide the Bakersfield Police Department a record
of the PROPERTY sold, the amount of each sale and
the transfer of certificates of ownership.
c. Pick up in Bakersfield, California all PROPERTY
which the Bakersfield Police Department authorizes
and AUCTIONEER accepts for auction and transport,
store, properly care for and maintain all of such
PROPERTY at AUCTIONEER'S facility in Modesto,
California, at no cost to Bakersfield Police
Department. AUCTIONEER shall return to
Bakersfield Police Department in Bakersfield,
California, any vehicle or other PROPERTY which
was obtained from the Bakersfield Police
Department, if and when the Bakersfield Police
Department is required to return said PROPERTY to
the owner. This shall be done at no expense to
the Bakersfield Police Department.
d. Collect all monies due from the sale of each item
or lot, plus any applicable sales tax.
e. Pay the Bakersfield Police Department the total
sum less commission, within fifteen (15) banking
days of the auction. Al! sales tax collected
shall be paid by AUCTIONEER directly to the State
of California.
f. Obtain buyer's signature on a "Notice of Transfer
Owner's Interest In and Possession of Motor
Vehicle," (Reg. 138), and any other signatures
required by law for vehicle transfers. The
originals of said notices and documents'shall be
submitted to CITY.
g. In the event seized vehicles are ordered returned
to the registered or legal owner by a court of
jurisdiction or the POLICE DEPARTMENT elects not
to pursue forfeiture, AUCTIONEER agrees to collect
all fees of five dollars ($5.00) to eight dollars
($8.00) per day from the registered or legal owner
of said vehicles and to accept such fees as
payment in full for the storage.
h. At all times during the term of this Agreement,
AUCTIONEER shall be solely responsible and liable
for all vehicles from the time AUCTIONEER has
custody thereof. AUCTIONEER shall be fully and
solely responsible for any theft, destruction, or
damage of any vehicle from any cause whatsoever
after AUCTIONEER has custody thereof. AUCTIONEER
shall pay to POLICE DEPARTMENT any amounts
necessary to restore to the Department the full,
fair market value of any vehicle as of the time
AUCTIONEER first had custody thereof. All such
amounts owed to the POLICE DEPARTMENT shall be due
within forty-five (45) days from the occurrence of
any such theft, destruction, or damage.
3. COST TRANSPORTATION: AUCTIONEER shall pay all
cost of transportation, maintenance,'storage and advertising.
4. COMPENSATION: The Bakersfield Police. Department
shall pay to AUCTIONEER a commiSsion of ten percent (10%) of the
gross sales'for all Asset Forfeiture Property sold, as
compensation for services rendered. Said commission is to be
paid. out of the sale proceeds.
5. NOTICE: The Bakersfield Police Department shall.
notify AUCTIONEER when PROPERTY which is in the possession of
AUCTIONEER has been cleared and is free and clear of any
encumbrances to enable it to be auctioned. AUCTIONEER shall not
auction any item without first having obtained said clearance
from the Bakersfield Police Department. AUCTIONEER will sell
property to the highest bidder.
6. INSURANCE: During the term of this Agreement,
AUCTIONEER shall maintain a single limit broad form commercial
general liability insurance policy in an amount of not less that
$1,000,000 per occurrence with combined liability for personal
injury, property damage and automobile liability with a reliable
3
insurance carrier authorized to do business in the State of
California and statutory workmen's compensation coverage. Said
?
policy or policies of insurance shall expressly name the CITY.and
its agents, officers, and employees as additional insureds. Said
insurance shall not be subject to cancellation, non-renewal, or
coverage, reduction without thirty (30) days written notice to
CITY. AUCTIONEER shall provide~to the City proof of insurance
endorsements and certificates of insurance prior to execution of
this Agreement. Said proof of endorsements and certificates of
insurance shall be attached to this Agreement as Exhibit "A".
7. INDEMNITY: AUCTIONEER shall indemnify, defend,
and hold harmless CITY, its officers, agents and employees
against any and all liability, claims, actions, causes of action
or demands whatsoever against them, or any of them, for injury to
or death of persons or damage to property arising out of,
connected with, or caused by AUCTIONEER, AUCTIONEER's employees,
agents or independent contractors or companies in the performance
of, or in any way arising from, the terms and provisions of this
Agreement.
8. TERMINATION: The term of this Agreement shall be
for a period 'of one (1) year from the date first above written.
This agreement may be terminated by Auctioneer for the breach
thereof, by CITY, provided, however, AUCTIONEER shall give CITY
ten (10) days written Notice of Intent to terminate and CITY
shall have ten (10) days from receipt thereof to cure the breach
which shall be specified in the notice given by AUCTIONEER. CITY
4
may terminate this Agreement upon thirty (30) days written notice
specifying the termination date. This Agreement shall terminate
if any license or permit AUCTIONEER is required to have to
perform herewithin is not in full force and effect.
9. WAIVER OF DEFAULT. The failure of any party to
enforce against anothgr a provision of this Agreement shall not
constitute a waiver of that party's right to enforce such a
provision at a later time, and shall not serve to vary the terms
of this Agreement.
10. FORUM. Any lawsuit pertaining to any matter
arising under, or growing out of, this contract shall be
instituted in Kern County, California.
11. TIME. Time is of the essence in this Agreement.
12. NOTICES. All notices relative to this Agreement
shall be given in writing and shall be sent by certified or
registered mail and be effective upon depositing in the United
States mail. The pa~ties shall be addressed as follows, or at
any other address designated by notice:
CITY OF BAKERSFIELD
City Hall
1501 Truxtun Avenue
Bakersfield, California 93301
ROGER ERNST & ASSOCIATES AUCTIONEERS
P.O. Box 3251
Modesto, California 95353
13. ASSIGNMENT. This Contract shall not be assigned
by any party, or any party substituted, without prior written
consent of all the parties.
14. BINDING EFFECT. The rights and obligations of
this Agreement shall inure to the benefit of, and be~binding
upon, the parties to the contract and their heirs,
administrators, executors, personal representatives, successors
and assigns.
15. MERGER AND MODIFICATION. This Contract sets forth
the entire Agreement between the parties and supersedes all other
oral or written representations. This Contract may be modified
only inca writing approved by the City Council and signed by all
the parties.
16. NON-EXCLUSIVE. This contract does not give
AUCTIONEER exclusive rights to all seized property auctioned by
CITY.
17. CORPORATE AUTHORITY. Each individual executing
this Agreement represents and warrants that they are duly
authorized to execute and deliver this Agreement on behalf of the
corporation or organization, if any, named herein and that this
Agreement is binding upon said corporation or organization in
accordance with its terms.
18. COMPLIANCE WITH ALL LAWS. AUCTIONEER shall, at
AUCTIONEER's sole cost, comply with all other the requirements of
Municipal, State and Federal authorities now.in force, or which
may hereafter be in force, pertaining to this Agreement, and
shall faithfully observe in all activities relating to or growing
out of this Agreement all Municipal ordinances and State and
Federal statutes, rules or regulations now in force or which may
hereafter be in force.
19. INDEPENDENT CONTRACTOR. This Agreement calls for
the performance of the services of AUCTIONEER as an independent
contractor, and AUCTIONEER will not be considered an employee of
the CITY for any purpose and is not entitled to any of the
benefits provided by CITY to its employees. This Agreement shall
not be construed as forming a partnership or any other
association with AUCTIONEER other than that of an independent
contractor.
20. EXECUTION. This Agreement is effective upon
execution. It is the product of negotiation and therefore shall
not be construed against any party.
21. ACCOUNTING RECORDS. AUCTIONEER shall maintain
accurate accounting records and other written documentation
pertaining to the costs incurred in performance of this
Agreement. Such records and documentation shall be kept at
AUCTIONEER's officer during the period of this Agreement, and
after the term of this Agreement for a period of three years from .
the date of the final payment under this Agreement, and shall be
made available to CITY representatives upon request at any time
during regular business hours.
22. EXHIBITS. In the event of a conflict between the
terms, conditions or operations set forth herein and those in
exhibits attached hereto, the terms, conditions, or
specifications set forth herein shall prevail.
7
23. TAx NUMBERS.
Consultant's Federal Tax ID # 77-0015772.
Consultant is a corporation? Yes No X
(Please check one)
IN WITNESS WHEREOF, the parties hereto have caused'this
Agreement to be executed, the day and year first-above written.
"CITY"
CITY OF BAKERSFIELD
By
CLARENCE E. MEDDERS
Mayor
APPROVED AS TO FORM:
LARRY/~. LUNARDINI. BAKERSFIELD POLICE DEPARTMENT
Cit~torn~
Chief of Police
COUNTERSIGNED:
By
GREGORY KLIMKO
Finance Director
"PROVIDER"
ROGER ERNST & ASSOCIATES
AUCTIONEERS ~
By ROGainE RN~or
ADD/kld
2/20/91
AUCTION1.K
9
CITY COUNCIL REFERRAL
MEETING OF: 03/27/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM: RECORD~ 7784
Budget and Finance Committee Report No. 5-91
regarding Public Auction Services. (Police Asset
Forfeiture).
ACTION TAKEN BY COUNCIL:
MOTION TO REFER BACK TO BUDGET AND FINANCE
COMMITTEE. APPROVED,
BACKUP MATERIAL ATTACHED: YES
DATE FORWARDED BY CITY CLERK: 03/29/91
STATUS-
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
CITY OF BAKERSFIELD
BUDGET AND FINANCE COMMITTEE
REPORT NO. 5-91
March 27, 1991
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC AUCTION SERVICES (POLICE ASSET FORFEITURE)
On March 13, 1991, the Council referred an agreement with Roger Erhst &
Associates Auctioneers, for the sale of seized assets, to the Budget and Finance
Committee for review.
Seized assets are assets that have been confiscated by the Bakersfiel'd
Police Department as a res.ult of narcotics trafficking, and range from
automobiles to personal property. Under the federal and state programs, these
assets are only"the custody of the Police department until the time .the police
are allowed to dispose of them. The objective of the Police DepaKtment in
selli, ng the assets by auctioneer is to generate the most revenue per asset.
The City had two separate agreements with Mr. Ed Rogers for auctioneer
services on a yearly basis to sell surplus City property and seized assets.
These contracts were renewable by the City Cou,ncil by giving notice to Mr. Rogers
at least thirty days prior to the expiration date of their intent to renew.
The agreement for the sale of surplus City property Was renewed ·with Mr.
Rogers on March 13, 1991 (Agreement 91,41). Mr. Rogers' other contract (89-239)
for the sale of seized assets was not renewed at that time. The Police
BUDGET AND FINANCE COMMITTEE
REPORT NO '5-91
March 27, 1991
Page -2-
Department, in. an attempt to generate optimal revenues on the sale of seized
assets, had'the cOntract with Ernst & Associates Auctioneers drawn as a non-
exclusive contract. This would enable the Police Department to use the
auctioneer that would provide the best return on the assets being sold. It was
not intended to exclude the previous auctioneer.
Therefore, it is recommended that, from this time forward, for any contract
that is not going to be renewed or that is becoming non'exclusive, City staff
notify the contractor of the City's intent to initiate a request for proposal.
The Committee recommends that staff contact many organizations that provide
these auction services, under a request for qualification. The request for
qualification would enable the Police Department to determine which auctioneers
are capable of maximizing revenues by disposing of assets in a most efficient
and effective manner.
Respectfully submitted,
Councilmember Kevin McDermott. Chair
C'ouncilmember Patricia J. DeMond
Councilmember Ken Peterson
B A K E R S F I E L D
March 25, 1991
Ed Rodgers Enterprises
t201 24th Street
Bakersfield, CA 93301
Dear Mr. Rodgers:
Within the last two weeks, City staff negotiated a contract with another auc-
tioneer to aUction assets seized from narcotic investigations. As you were
our last auctioneer for this type of.service, you should have been notified
that the City was planninq on using another firm.
I apologize for the oversight of not giving you such notification and
any. inconvenience it may have caused you.
Sincerely,~
~~limko
Finance Director
GJK/GR/krc
R:L.GRIO
City 'of BakersfieLd · Finance Department- 1501 Truxtun AvenUe
Bakersfield · California · 93301
(8(35/ .~2fl-3742 · Fax (805) 32_-3/80
ADMINISTRATIVE REPORT
Meeting Date:
April 10, 1991
Agenda Section:
Reports
Agenda Item:
8. b.
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS Approved
FROM: J. DALE HAWLEY, CITY MANAGER Department Head
DATE: April 3, 1991 City Manager'
//
SUBJECT: Report No. 6-91 from the Budget and Finance Committee r~
Auction Services (Police Seized Asset Forfeiture Funds).
RECOMMENDATION:
1. Motion to accept report and implement recommendations. Group
Vote.
BACKGROUND:
.alb
RPT.12
CITY OF BAKERSFIELD
BUDGET AND FINANCE COMMITTEE
REPORT NO. 6-91
~April 10, 1991
TOi .. HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC AUCTION SERVICES (POLICE SEIZED ASSET FORFEITURE FUNDS)
On March 13, 1991, the Council referred an agreement with Roger Ernst &
Associates Auctioneers, for the sale of seized assets, to the BUdget and Finance
Committee for review.
The Committee has met with staff and has reviewed the current process and
procedures regarding auction services. Based upon this review, it is recommended
that for any contract not going to be renewed or which is becoming non-exclusive,
City staff notify the contractor of the City's intent to initiate a request for
proposal.
The Committee further recommends that staff contact organizations which
provide auction services and ask them to submit proposals to provide this
service. This process will enable the Police Department to determine which
auctioneers are capable of maximizing revenues by disposing of assets in a most
.efficient and effective manner.
Respectfully submitted,
Councilmember Kevin McDermott, Chair
Councilmember Patricla J. DeMond
Councilmember Ken Peterson
.alb
CITY OF BAKERSFIELD
BUDGET AND FINANCE COMMITTEE
REPORT NO. 6-91
April 10, 1991
TO. HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC, AUCTION SERVICES (POLICE SEIZED ASSET FORFEITURE FUNDS)
On March 13, 1991, the Council referred an agreement with Roger Ernst &
Associates Auctioneers, for the sale oY seized assets, to-the Budget and Finance
Committee for review.
The Committee has met with staff and has reviewed the current process and
procedures regarding auction services. Based upon this. review~ it is recommended
that for any contract not going to be renewed or which is becoming non-excluSive,
City staff notify the contractor of the City's intent to initiate a request fQr
proposal.
The Committee further recommends that staff contact organizations which
provide auction services and' ask them to submit proposals to provide this
service. This process will enable the Police Department to determine which
auctioneers are capable of maximizing revenues by disposing of assets in a most
efficient and effective manner.
.Respectfully submitted,
Councilmember Kevin McDermott, Chair
Councilmember Patricia J. DeMond
Councilmember Ken Peterson
.alb
ADMINISTRATIVE REPORT
Meeting Date:
March 13, 1991
Agenda Section:
New Business
Agenda Item:
10. i.
Approved
TO: Honorable Mayor and Members of //x?//~_
the City Council Department Head
FROM: Gregory d. Klimko, Finance Director City Attorney ~ o~
DATE: March 5, 1991 City Manager ~
SUBJECT: Agreement with Roger Ernst & Associates Auctioneers on
services. (Police Asset Forfeiture).
RECOMMENDATION:
Motion to authOrize the Mayor to execute the agreement. Group Vote.
BACKGROUND:
The Bakersfield Police Department has requested that a separate auctioneer
· contract be established'for property and vehicle seized under the Asset
Forfeiture Law. The Department of Justice has recommended the services of
Roger Ernst & Associates Auctioneers. Other agencies within the State of
California use Roger Ernst for disposing of Asset Forfeiture Property and
the County of Kern has approved a similar contract.
k r c
A: NB. 20
AGREEMENT NO.
PUBLIC AUCTION AGREEMENT
THIS AGREEMENT is entered into on , 1991, by
and between the CITY OF BAKERSFIELD, a municipal corporation,
(CITY herein), and ROGER ERNST, dba ROGER ERNST & ASSOCIATES
AUCTIONEERS, a sole proprietorship, (AUCTIONEER herein).
RECITALS
WHEREAS, the Bakersfield Police Department from time to
time has in its possession vehicles or other personal property
which are the product of an asset seizure, hereinafter referred
to as "PROPERTY"; and
WHEREAS, the Bakersfield Police Department desires to
dispOse of such PROPERTY; and
WHEREAS, a public auction is the best method of
carrying out said disposal; and
WHEREAS, ~he Bakersfield Police Department desires to
engage ERNST & ASSOCIATES AUCTIONEERS, who is a licensed and
bonded auctioneer and represents that he has the proper permits
and expertise, to conduct such public auction.
NOW, THEREFORE, AUCTIONEER AND CITY AGREE AS FOLLOWS:
1. AUCTION: AUCTIONEER shall from time to time
conduct a public auction at AUCTIONEER's premises in Modesto,
California.
2. SERVICES: AUCTIONEER services shall include, but
are not limited to:
a. Conduct the auctions and provide all necessary
personnel and equipment needed to conduct said
auctions.
b. Provide the Bakersfield Police Department a record
of the PROPERTY sold, the amount of each sale and
the transfer of certificates of ownership.
c. Pick up in Bakersfield, California all PROPERTY
which the Bakersfield Police Department authorizes
and AUCTIONEER accepts for auction and transport,
store, properly care for and maintain all of such
PROPERTY at AUCTIONEER'S facility in Modesto,
California, at no cost to Bakersfield Police
Department. AUCTIONEER shall return to
Bakersfield Police Department in Bakersfield,
California, any vehicle or other PROPERTY which
was obtained from the Bakersfield Police
Department, if and when the Bakersfield Police
Department is required to return said PROPERTY to
the owner. This shall be done at no expense, to
the Bakersfield Police Department.
d. Collect all monies due from the sale of each item
or lot, plus any applicable sales tax.
e. Pay the Bakersfield Police Department the total
sum less commission, within fifteen (15) banking
days of the auction. All sales tax collected
shall be paid by AUCTIONEER directly to the State
of California.
f. Obtain buyer's signature on a "Notice of Transfer
Owner's Interest In and Possession of Motor
Vehicle," (Reg. 138), and any other signatures
required by law for vehicle transfers. The
originals of said notices and documents shall be
submitted to CITY.
g. In the event seized 'vehicles are ordered returned
to the registered or legal ~owner by a court of
jurisdiction or the POLICE DEPARTMENT elects not
to pursue forfeiture, AUCTIONEER agrees to collect
all fees of five dollars ($5.00) to eight dollars
($8.00) per day from the registered or legal owner
of said vehicles and to accept such fees as
payment in full for the storage.
h. At all times during the term of this Agreement,
AUCTIONEER shall be solely responsible and liable
for all vehicles from the time AUCTIONEER has
custody thereof. AUCTIONEER shall be fully and
solely responsible for any theft, destruction, or
damage of any vehicle from any cause whatsoever
after AUCTIONEER has custody thereof. AUCTIONEER
shall pay to POLICE DEPARTMENT any amounts
necessary to restore to the Department the full,
fair market value of any vehicle as of the time
AUCTIONEER first had custody thereof. All such
amounts owed to the POLICE DEPARTMENT shall be due
within forty-five (45) days from the occurrence of
any such theft, destruction, or damage.
3. COST TRANSPORTATION: AUCTIONEER shall pay all
cost of transportation, maintenance, storage and advertising.
4. COMPENSATION: The Bakersfield Police Department
shall pay to AUCTIONEER a commission of ten percent (10%) of the
gross sales for all Asset Forfeiture Property sold, as
compensation for services rendered. Said commission is to be
paid out of the sale proceeds.
5. NoTIcE: The Bakersfield Police Department shall
notify AUCTIONEER when PROPERTY which is in the possession of
AUCTIONEER has been cleared and is free and clear of any
encumbrances to enable it to be auctioned. AUCTIONEER shall not
auction any item without first having obtained said clearance
from the Bakersfield Police Department. AUCTIONEER will sell
property to the.highest bidder.
6. INSURANCE: During the term of this Agreement,
AUCTIONEER shall maintain a single limit broad form commercial
general liability insurance policy in an amount of not less that
$1,000,000 per occurrence with combined liability for personal
injury, property damage and automobile liability with a reliable
3
insurance carrier authorized to do business in the State of
California and statutory workmen's compensation coverage. Said
policy or policies of insurance shall expressly name the CITY.and
.its agents, officers, and employees as additional insureds. Said
insurance shall nOt be subject to cancellation, non-renewal, or
coverage reduction without thirty (30) days written~notice to
CITY. AUCTIONEER shall provide to the City proof of insurance
endorsements and certificates of inSurance prior to execution of
this Agreement. Said proof of endorsements and certificates of
insurance shall be attached to this Agreement as Exhibit "A".
7. INDEMNITY: AUCTIONEER shall indemnify, defend,
and hold harmless CITY, its officers, agents and employees
against any and all liability, claims, actions, causes of action
or demands whatsoever against them, or any of them, for injury to
or death of persons or damage to property arising out of,
connected with, or caused by AUCTIONEER,'AUCTIONEER's employees,
agents or independent contractors or companies in the performance
of, or in any way arising from, the terms and provisions of this
Agreement.
8. TERMINATION: The term of this Agreement shall be
for a period 'of one (1) year from the date first above written.
This agreement may be terminated by Auctioneer for the breach
thereof by CITY, provided, however, AUCTIONEER shall give CITY
ten (10) days written Notice of Intent to terminate and CITY
shall have ten (10) days from receipt thereof to cure the breach
which shall be specified in the notice given by AUCTIONEER. CITY
4
may terminate this Agreement upon thirty (30) days written notice
specifying the'termination date. This Agreement shall terminate
if any license or permit AUCTIONEER is required to have to
perform herewithin is not in full force and effect.
9. WAIVER OF DEFAULT. The failure of any party to
enforce against another a provision of this Agreement shall not
constitute a waiver of that party's right to enforce such a
provision at a later time, and shall not serve to vary the terms-
of this Agreement.
10. FORUM. Any lawsuit pertain.!_ng to any matter
arising under, or growing out of, this contract shall be
instituted in Kern County, California.
11. TIME. Time is of the essence in this Agreement.
12. NOTICES. All notices relative to this Agreement
shall be given in writing and shall be sent by certified or
registered mail and be effective upon depositing in the United
States. mail. The parties shall be addressed as follows, or at
any other address designated by notice: ·
CITY OF BAKERSFIELD
City Hall-
1501 Truxtun Avenue
Bakersfield, California 93301
ROGER ERNST & ASSOCIATES AUCTIONEERS
P.O. Box 3251
Modesto, California 95353
13. ASSIGNMENT. This Contract shall not be assigned
by any party, Or any party substituted, without prior written
consent of all the parties.
14. BINDING EFFECT. The rights and obligations of
this Agreement shall inure to the benefit of, and be binding
upon, the parties to the contract and their heirs,
administrators, executors, personal representatives, successors
and assigns.
15. MERGER AND MODIFICATION. This Contract sets forth
the entire Agreement between the parties and supersedes all other
oral or written representations. This Contract may be modified'
only in a writing approved by the City Council and signed by all
the parties.
16. NON-EXCLUSIVE. This contract~does not give
AUCTIONEER exclusive rights to all seized property auctioned by
CITY.
17. CORPORATE AUTHORITY. Each individual executing
this Agreement represents and warrants that they are duly
authorized.to execute and deliver this Agreement on behalf of the
corporation or organization, if any, named herein and that this
Agreement is binding upon said corporation or organization in
accordance with its terms.
18. COMPLIANCE WITH ALL LAWS. AUCTIONEER shall, at
AUCTIONEER's sole cost, comply with all other the requirements of
Municipal, State and Federal authorities now in force, or which
may hereafter be in force, pertaining to this Agreement, and
shall faithfully observe in all activities relating to or growing
out of this Agreement all Municipal ordinances and State and
Federal statutes,~rules or regulations now in force or which may
hereafter be in force.
19. INDEPENDENT CONTRACTOR. This Agreement calls for
the performance of the services of AUCTIONEER as an independent
contractor,'and AUCTIONEER will not be considered an employee of
the CITY for any purpose and is not entitled to any of the
benefits provided by CITY to its employees. This Agreement shall
not be construed as forming a partnership or any other
association with AUCTIONEER other than that of an independent
-contractor.
20. EXECUTION. This Agreement is effective upon
execution. It is the product of negotiation and therefore shall
not be construed against any party.
21. ACCOUNTING RECORDS. AUCTIONEER shall maintain
accurate accounting records and other written documentation
pertaining to the costs incurred in performance of this
Agreement. Such records and documentation shall be kept at
AUCTIONEER's officer during the period of this Agreement,'and
after the term of this Agreement for a period of three years from
the date of the final payment under this Agreement, and shall be
made available to CITY representatives upon request at any time
during regular business hoUrs.
22. EXHIBITS. In She event of a conflict between the
terms, conditions or operations set forth herein and those in
exhibits attached hereto, the terms, conditions, or
specifications set forth herein shall Prevail.
7
23. TAX NUMBERS.
Consultant's Federal Tax ID # 77-0015772.
Consultant is a corporation? Yes No X
(Please check one)
8
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed, the day and year first-above written.
"CITY"
CITY OF BAKERSFIELD
By
CLARENCE E. MEDDERS
Mayor
APPROVED AS TO FORM:
LARRY/~. LUNARDINI' BAKERSFIELD POLICE DEPARTMENT
Ci t~torn~.
Chief of Police
COUNTERSIGNED:
GREGORY KLIMKO
Finance Director
"PROVIDER"
ROGER ERNST & ASSOCIATES
AUCTIONEERS
By
ROGER ERNST, owner
ADD/kld
2/20/91
AUCTION1.K
9
CITY COUNCIL REFERRAL
MEETING OF: 02/27/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM: RECORD# 7620
Annual Contract for earthmoving and hauling.
ACTION TAKEN BY COUNCIL:
MOTION TO REJECT ALL BIDS AND REFER BID PROCESS
TO BUDGET AND FINANCE COMMITTEE. APPROVED,
BACKUP MATERIAL ATTACHED: NO
DATE FORWARDED BY CITY CLERK: 03/04/91
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE,
ADMINISTRATIVE REPORT
Meeting Date:
March 13, 1991
Agenda Section:
Consent Calendar
Agenda Item:
4. g.
Approved:
//~
TO: Honorable Mayor and Members of Department Head/~t
the City Council. //~/~ //
FROM: Gregory J. Klimko, Finance Director City Attorney
DATE: March 5, 1991 City Manager ~
SUBJECT: Agreement with Ed Rodgers to provide auctioneer services for r-
plus equipment
RECOMMENDATION:
Motion to adopt and authorize the Mayor to execute the contract.
Roll Call Vote.
BACKGROUND:
Requests for proposals to provide auctioneer service for the
City's surplus equipment were offered in September 1989 and
resulted in an agreement with Ed Rogers. Based on the level of
service and the good working relationship that has been
established, staff requests approval to again contract with Ed
Rodgers at the same commission rate of 10% of selling price.
Auction site to be in conformance with all building and zoning ~ii! ....
ordinances and approved by the Planning Director in writing.
AGREEMENT NO.
MI S CELLANEOUS
SURPLUS PROPERTY AUCTION
THIS AGREEMENT is made and entered into on ,
by and between the CITY OF BAKERSFIELD, a municipal corpora=ion,
referred to herein as "CITY," and ED RODGERS, an individual,
referred to herein as "AUCTIONEER."
RECITALS
WHEREAS, CITY desires to sell surplus personal property,
excluding vice seizures; and
W~rW.~·, AUCTIONEER is in the business of auctioning Such
property and is experienced in doing so.
NOW, TH~~, CITY and AUCTIONEER mutually agree as
follows:
1. AucTIONEER shall perform the nonexclusive service
of an auctioneer at public auctions of CITY designated surplus
personal property, excluding vice Seizures.
2. AUCTIONEER shall, unless otherwise directed by the
CITY, sell said property to the highest bidder without minimum or
reservation.
3. said· property to be located at a site approved by
the Planning Director in writing and in conformance with all
building and zoning ordinances.
4. AUCTIONEER shall, at his own expense, provide an
attendant at the location of the auction during the pre-sale
inspection and for the two working days after the auction for the
purpose of completing collections and releasing the property sold
to·the appropriate purchasers.
5. AUCTIONEER shall, at his own expense, give notice
of Auction and the property being sold by display advertising in
the following newspaper:
The Bakersfield'Californian - 3 daily ads.
6. Ali of AUCTIONEER's advertising shall include as a
condition of this auc{ion tha= neither CITY nor AUCTIONEER makes
any guarantee or warranty of' any kind or nature, express or
implied, as to the condition of materials, articles, vehicles or
other items offered for sale.
7. CITY agrees to f~urnish titles or bills of sale for
all Droperties sold in this sale, with all vehicle titles to be on
hand on day of sale. Title to all property offered for sale
hereunder sha~l be vested solely in CITY and shall be clear and
unencumbered at the time of sale.
8. AUCTIONEER shall receive ten percent (10%) of the
gross sales of the auction of CITY property, excluding sales tax,
as compensation for services rendered. Said compensation shall be
AUCTIONEER's full compensation for all services performed by
AUCTIONEER, including but not limited to AUCTIONEER's direct costs,
overhead, profit and other indirect costs.
9. AUCTIONEER agrees to provide the following:
a. All required tagging and lotting of items
to be sold.
b. Transfer of certificates of ownership.
c. Washing of vehicles'.
d. .Drivers, runners, mechanics and security
personnel for inspection and Auction, as'
required.
e. Seating, as required
f. Portable rest rooms, as required (no less
than two).
g. Required staff until sold equipment is
removed.
h. Copies of all advertising, including name
of newspapers and radio stations and dates
ads were run.
10. C~f shall have the right' to place a reserve on any
items intended for the Auction, provided notice Of reservation is
given to AUCTIONEER by CITY prior to the commencement of the
Auction.
11. AUCTIONEER shall furnish CITY with complete written
records of all sales transactions and make full payment to the CITY
at the accepted bid prices for all items sold, less AUCTIONEER's
agreed to compensation, within fourteen (14) calendar days after
the Auction..
12. This Agreement does, not give exclusive auction
rights to AUCTIONEER ....
-- 2 --
13. AUCTIONEER shall obtain buyer's signature on a
"Notice of Transfer Owner's Interest In and'Possession of Motor
Vehicle," (Reg. 138), and any other signatures required by law for
vehicle transfers. The originals of said notices and documents
shall be submitted to CITY.
14. AUCTIONEER shall be responsible for the collection
of all. payments, including sales'taxes if required, required as
part of any sale held pursuant to a written'request issued
hereunder.
15. AUCTIONEER shall obtain or possess all permits or
licenses required to conduct the sale of all items listed in CITY's
written requests.
16. All notices re%ative to this Agreement shall' be
given in writing and shall be sent by certified or registered mail
and be effective upon depositiRg in the United States mail. The
parties shall be addressed as follows, .~or .at any other address
designated by notice:
CITY: CITY OF BAKERSFI~r~
City Hall
1501 Truxtun Avenue
Bakersfield, California 93301
AUCTIONEER: ED RODGERS
2300 "L" Street
Bakersfield, California 93301
17. AUCTIONEER is authorized to Publish and record a
"Notice of Intention to Sell at Public Auction Sale"in accordance
with the California Commercial Code - Bulk Transfers.
18. In the event AUCTIONEER is 'unable to provide the
agreed to service on the day of the sale, CITY in its sole
judgment, may 1) delay service, or 2) hire another available
auctioneer to conduct the sale. Said action shall not entitle
AUCTIONEER to any compensation for any service rendered towards the
sale.
19. This nonexclusive contract shall automatically renew
on an annual basis unless sooner terminated as set forth herein.
20. The failure of any party to enforce against another
a provision of this Agreement shall not constitute a Waiver of that
party's right to enforce such a provision at a later time, and
shall not serve to vary the terms of this Agreement.
- 3 -
21. Any lawsuit pertaining to any matter arising under,
or growing out of, this contract shall be instituted in Ke~n
County, California.
22. This contract shall not be assigned by any party,
or any party substitUted, without prior written consent of all the
parties.
23. The rights and obligations of this Agreement shall
inure to the benefit of, and be bindin~ upon, the parties to the
contract and their heirs, administrators, executors, personal
representatives, successors and assigns.
24. This contract sets forth the entire Agreement
between the parties and supersedes all other oral or written
representations. This contract may be modified only in a writing
approved by the City Council and signed by all the parties.
25. Each individual executing this Agreement represents
and warrants that they are duly authorized to execute and deliver
this-Agreement on behalf of the corporation or organization, if
any, named herein and that this Agreement is binding upon said
corporation or organiZation in accordance with its terms.
26. This Agreement may be terminated by any party upon
ten (10') days written notice to all other parties.
57. AUCTIONEER shall,~at AUCTIONEER's sole cost, comply
with ail of the requirements of Municipal, State and Federal
authorities now in force, or which may hereafter be in force,
pertaining to this Agreement, and shall faithfully observe in all
activities relating to or growing out of this Agreement all
Municipal ordinanCes and State and Federal statutes, rules or
regulations now in force or which, may hereafter be in force.
2B. This Agreement is effective upon execution. It is
the product of negotiation and therefore shall not be construed
against any party.
29.. During the term of this Agreement, AUCTION~FR Shall
· maintain a single limit broad form commercial general liability
insurance policy in an amount of not less than $1,000,000 per
occurrence with combined liability for personal injury, property
damage and automobile liability with a reliable insurance carrier
authorized to do business in the'State of California and statutory
workmen's compensation coverage. Said policy or policies of
insurance shall expressly name the City and its agents,, officers,
and employees as additional insureds. Said insurance shall not be
subject to cancellation, non-renewal, or cuverage reduction without
thirty (30) days written notice to City. AUCTIONEER shall provide
to the City proof of insurance endorsements and certificates of
- 4 -
insurance prior to execution of this Agreement~ Said proof of
endorsements and certificates of insurance shall be attached to
this Agreement as Exhibit "A."
30. AUCTIONEER shall indemnify, defend, and hold
harmless CITY, its officers, agents and employees against any and
all liability, claims, actions, causes of action or demands
whatsoever against them, or any of them, for injury to or death of
persons or damage to property arising out of, connected with, or
caused by AUCTIONEER, AUCTIONEER's employees, agents or independent
contractors or companies in the performance of, or in any way
arising from, the terms and provisions of this Agreement.
31. AUCTIONEER shall furnish the City Risk Manager with
a certificate of insurance evidencing the insurance required under
this Agreement. The policy shall contain an additional'endorsement
in favor of the City, its mayor, council, officers, agents,
~employees, and volunteers.
32. AUCTIONEER shall maintain accurate accounting
records' and other written documentation pertaining to the costs
incurred in .performance of .this Agreement. Such records and
documentation shall be kept at AUCTIONEER's office during the
period of this Agreement, and after the term of this Agreement for
a period of three years from the date of the final payment under
this Agreement, and shall be made available to CITY representatives
upon request at any time during regular business hours.
33. In the event of a conflict between 'the terms,
conditions or operations set forth herein and those in exhibits
attached hereto, the terms, conditions, or specifications set forth
herein shall prevail.
34. AUCTIONEER's Federal Tax ID ~ 551-56-5243.
AUCTIONEER is a corporation? Yes No X
(Please check one)
o0o
IN WITNESS WH~RE~, the parties -hereto have caused this
Agreement to be executed, the day and year first-above written.
"CITY"
CITY OF
By
CLARENCE E. MEDDERS
Mayor
APPROVED AS TO FORM:
LARRY M. LUNARDII~I
City Attorney
By
COUNTERSIGNED:
By
GREGORY J. KLIMKO
Finance Director
"AUCTIONEER"
By
~ RODGERS
LCM/meg
AUCTIONR.K-3
~/7/91
Attachment: Exhibit "A"
- 6 -
ISSUE DATE
.= ............ ~=~=~=~=~J=~=~=~=:=~===~=~===l ~ S U R A N ~=~ .......... · I '" 01/22/91 ,
ER THIS CERTIFICATE IS ISSUED AS A HATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPOH THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
Schuttz & Paves EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO~
Insurance Agency, Inc. COHPANIES AFFORDING COVERAGE
2300 Bahamas Drive COHPANY
BakersfieLd, CA 93309 LETTER A USF & G
(805)/327-3111 COMPANY
MARSHA KOEHNE iLETTER B
...................... · .................................. !COMPANY
ED RODGERS AUCTIONEER LETTER C
2413 SPRUCE STREET COMPANY
LETTER O
BAKERSFIELD, CA 93301 COMPANY
LETTER E
COVERAGE .
tHiS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE *POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTACT OR OTHER DOCUHENT UITH RESPECT TO VHICH THIS
:ERTIFICATE NAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B,Y THE POLICIES'DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
?XCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIHITS SHO~N MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POL]CY EFF.iPOLICY EXP.
!R TYPE OF INSURANCE POLICY NUMBER DATE DATE ALL LIMITS IN THOUSANDS
GENERAL LIABILITY GENERAL AGGREGATE j$ 1000
IX) COMMERCIAL GENERAL LIABILITY
PROOUCTS-CONP~OPS AGGREGATE S 1000
~ [ ] CLAIMS MADE IX) OCCUR. 1MP110663256 06/04/90 06/04/91 PERSONAL & ADVERTISING INJURY $ 1000
[ ] OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE
Ii .1000
[ ] FIRE DAMAGE (Any one fire) 50
. ' , MEDICAL EXPENSE (Any one person)
rAUTOMOBILE LIABILITY
~ COMBINED
IX) ANY AUTO SINGLE $, 300
LIMIT
.L OWNED AUTOS +
BODILY
1A~125472336-00 06/04/90 06/04/91 INJURY $
AUTOS
(Per person)
IX] HIRED AUTOS BODILY
INJURY
IX) NON-O~NED AUTOS (Per accident) I
IX) GARAGE LIABILITY .................. ~ ........
PROPERTY
[,] DAMAGE $
EACH
[ ] OCCURRENCE AGGREGATE
[ ] OTHER THAN UMBRELLA FORM $ $
WORKER'S COMPENSATION STATUTORY J
AND S j (EACH ACCIDENT)
EMPLOYERS' LIABILITY $J (DISEASE--POLICY LIMIT)
S (DISEASE--EACH EMPLOYEE)
!SCRIPTION OF OPERATIONS / LOCATIONS VEHICLES / RESTRICTIONS / SPECIAL ITEMS
............................................. :-. ........................ :_ ............... .....................................
T I FICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
,TY~OF__BAKERSFIELDAvENUE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
;01tUN MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
~KERST"~LD, CA 93301 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATIOn. OR
. LIABILITY OF ANY ~IND UPON/t'JHE. COMPANY, .~...~..,AGE~TS'OR REPRESENi'ATIVES.
.... = .............. == ....................... = ............... ,-- ..... '===:= ...................................
EXHIBIT A
CITY COUNCIL REFERRAL
MEETING OF: 02/27/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM: RECORD# 7645
Water Conservation Methods (car washing).
(Brunni)
ACTION TAKEN BY COUNCIL:
REFERRED TO BUDGET AND FINANCE COMMITTEE TO WORK
WITH LOCAL BUSINESSES OR INSTALL OUR OWN,
BACKUP MATERIAL ATTACHED: NO
DATE FORWARDED BY CITY CLERK: 03/01/91
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
MEMORANDUM
May 1~ 1991
TO: John W. Stinson~ Assistant to the City Manager
FROM: Joe 'A. Lozano~ Equipment Superintenden~
SUBJECT: Vehicle Washing/Water Conservation
In response to your request for vehicle washing/water
conservation information~ I am providing the following report:
In the past city vehicle washing has been a very water wasteful
operation. City vehicles are washed at two locations. The
Police garage location washes police cars and administration
vehicles that are assigned to Police Dept and City Hall
operations. Work release people are utilized to perform this
work. Wash rack space is very limited and most vehicles are
washed in the parking lot. The result is water running thru the
parking lot and out into the street.
The Corporation Yard vehicle washing operation consists of a
drive thru wash rack which is very ineffective since it does not
have scrub brushes and consists of a series of sprayers that
first spray soapy water and then spray clean water to rinse.. The
drive thru wash rack is used for cars and pickups only and shared
by all city departments. Heavy duty vehicles, (refuse trucks,
sweepers, dump trucks~ etc) are hsnd washed by work relesse
people and city employees. This equipment is washed using high
pressure wands and steam cleaner iX ~ecessary.
Concern about drought conditions~ talk of wster rationing~ public
awareness and the possibility of adverse criticism shout city
vehicle washing and water waste caused us to evaluate our vehicle
washing procedures. We are currently making every effort to wash
city vehicles using the least amount of water possible. All of
our water hoses '~nd spray 'wands have automatic shut o~f or
nozzles that help reduce the amount of water used. In washing
certain heavy vehicles like street sweepers~ we have experimented
with different schedules and procedures to reduce the amount of
water used. Car Washing in the parking lot of the Police garsge
continues on a limited basis. Use of the drive thru wash rack
has been reduced and work release people are being utilized for
more water e££icient hsnd washing.
MEMORANDUM
We have tried to explore every alternative available to us in our
effort to conserve water, control costs and continue to clean
city. vehicles. We thought about installing our own water
recycling system at the Corporation Yard and the Police garage.
A water recycling system could be installed at the Corporation
Yard but would require a major revamp of the existing wssh rack
at considerable cost. The Police garage facility is very limited
for space and it would not be practical to make any major
improvements to the existing wash rack area.
Another alternative being considered is a contract with a local
car wash, that recycles water, to do some of our car washing.
Our 1991-92 budget proposal includes $3B, 000 for car washing. We
estimate this amount would be suf£icient for approximately 860
car washes a month, about 400 sedans and pickups washed twice a
month, a few sedans being washed more often. We would continue
to utilize work release people to wash vehicles inside the Police
garage wash rack and at the Corporation Yard. The $3B, 000 to
wash vehicles would eliminate the wsshing in the parking lot of
the Police facility. Wsshing vehicles in the parking lot csuses
water damage to the parking lot and to the paint finish o~ the
vehicle.
My reasons for proposing a car wash contract are:
1. Water conservation
2. Adverse public criticism about city water waste
3. Damage to the Police facility parking lot
4. Damage to the paint finish of vehicles~that are washed
in the heat of summer out in the sun
5. Availability of work release people is not constant
6. The cost of revamping our wash areas
We will continue to do whatever is necessary to keep city
vehicles clean with consideration given to the above mentioned
factors. I would welcome input from anyone who may have other
ideas regarding this matter.
PleaSe contact me i~ you wish to further discuss this subject.
£d SchuLz
Fleet Services Supervisors
JAL/as
Panorama Hills Park - Site acquisition for Panorama Hills Park was completed
February 1, 1991. The park consists of 11.6 acres and is expected to be
developed through a maintenance district agreement to support its ongoing
care. The park is located north of Panorama, directly east of the Juniper
Ridge area.
Streetlights - As of February 21, the City took possession of the PG&E-°wned
streetlight system within the City. A fair market price for the newly
acquired system will be settled through formal legal proceedings with PG&E.
The City is now responsible for maintaining and operating all streetlights in
the City of Bakersfield.
Water Conservation Measures - As one method for conserving water during the
city's fifth dry year in a row, the City is shutting down the vehicle washing
facilities at the Corporation Yard. City vehicles will be hand washed as
needed. Water conserving hose nozzles will be used when washing is necessary
and street sweepers are being washed .every other day instead of daily. A
master plan for the washing of all vehicles (including police) is currently
being developed. In addition, the use of power blowing and sweeping will be
used whenever possible for building and grounds maintenance rather than hose
washing.
City Hall Paintin9 - General Services crews are finishing painting the
interior walls of all three floors of City Hall. City Hall's last complete
paint job was in 1984. The new paint is lighter and will facilitate efficient
operations. The wall quilt normally positioned in the stairwell in front of
the Manager's Office has been cleaned and returned to its normal position in
the stairwell.
Canine Trials - On_ Saturday, March 16, the Bakersfield Police Department will
host the first Bakersfield Police Department Canine Trials. The day-long
activities will include over 50 competitors in various canine and patrol
officer maneuvers. Military dogs will be competing along with law
enforcement animals. The trials will be held at West High School from
8:00 a.m. - 5:00 p.m. Food and sales booths will be available for those
wishing to purchase foodstuffs or mementos. The event will be dedicated to
the U.S. Armed Forces.
Fire Department Surveys - The Fire Department recently worked with PG&E to
complete a survey on cost-saving techniques for electrical energy conservation
MAYOR/COUNCIL UPDATE
February 22, 1991
Page 2
in day-to-day operations. A suggestion which has already been instituted
involved changing rates on certain City electrical meters. Consequently, 15
City meters have had their rates changed to obtain the best energy efficient
scale for each meter. With these changes alone, it is projected that the City
can save $14,000 a year in energy costs.
A maintenance survey is being conducted to identify Fire Department
maintenance needs and to track and project future replacement needs in all
City Fire Department locations. Assessments provided by this survey will
assist in future budgeting processes. The basic survey research work has been
done and includes all facilities, projecting what will be needed as well as
the life of the items so that items can be replaced before maintenance becomes
more expensive than replacement costs.
Smoke Detectors - The Fire Department has just completed installing 400
additional smoke detectors in the predominantly Spanish area of California to
Brundage, Union to Owens. Breakfast Rotary and Kern Kiwanis were major
contributors of the program, along with the City. A new fire safety program
for the hearing impaired is being initiated with the purchase of four "strobe
alarm" fire detectors for the deaf. These four smoke detectors are being
donated by the Bakersfield Breakfast Rotary.
Sewer Projects - Replacement of the McCutchen Road sewer trunk west of Ashe
Road began on February 4. Expected to be finished by the end of February, the
new sewer trunk line will replace a deteriorated concrete sewer main. Similar
work on the McCutchen/Stine Road interceptor (2½ miles of sewer line) will
begin next week. An additional sewer project is under way in the vicinity of
Beech Street south of California Avenue and involves the placement of an
18-inch sewer main to supplement existing capacity.
Kern River Parking Lot - Construction has begun on base and paving for the
westerly Truxtun Avenue bike path-Kern River Parkway parking lot. Upon
-completion of this project, the contractor will begin work on the westerly
extension of the bike path to the Stockdale Highway Bridge.
Ming Avenue - Work is approximately 70% complete on the bridge .widening at
Ming Avenue and Highway 99. Curbs and gutters, sidewalks and drainage are
being finished. The bridge deck is expected to be poured the second week in
March. The revised completion date is May 1.
Gordon's Ferry at China Grade Loop - The contractor for this project has
completed casting the pile extensions and abutments. Work will begin shortly
on the falsework for the deck construction. It is anticipated that the deck
will be ready for concrete about April 1.
CITY COUNCIL REFERRAL
MEETING OF: 02/27/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM: RECORD# 7597
Communication from Brown, Waits & Armstrong, 4100
Truxtun Avenue, Suite 200, dated February 6,
1991, regarding proposed audit services for the
ensuing year ending June 30, 1991.
ACTION TAKEN BY COUNCIL:
RECEIVE AND REFER TO BUDGET AND FINANCE
COMMITTEE. APPROVED AA.
BACKUP MATERIAL ATTACHED: YES
DATE FORWARDED BY CITY CLERK: 03/04/91
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
· BROWN, WAITS ARMSTRONG
.An~ M. W~it5, CPA Accountancy Corporation
Burton H. Ar~tmng, CPA .
Chestier W. Ce/~,, CPA Certified Public AccOuntan~
Jer~ R~ndall, CPA ~,~
Benjamin P. Rey~, CPA 4100 Truxtun Avenue, Suite 200 Bakersfield, California 93309 ~ C~RATION
Carolyn ~mnguez, CPA (805) 324'497 l
~Ug StaSh, CPA FAX: (805) 324-4997 '
An0r~'J. Paulden, CPA ~ , ~.!,.~
Lynn R. Kraus~, CPA
February 6, 1991
..~
To the Honorable Mayor and
Members of the City Council
City of Bakersfield, California
We appreciate the opportunity of providing audit se~ices to the City of
Bakersfield, Central District DeVelopment Agency and other component units of the
City for the fiscal year.'ended June 30, 1990.
The audit was performed so we could issue a "comprehensive opinion on the
.fairness of the combined and combining statements. To accomplish this task each
fund was examined to insure that they were free of material misstatement. This
approach, which was requested by the Council, is more detailed than an "in
relation to" type of statement.
~e s~tements also featured early implementation of Gover~ent Accounting
Standard 10 (GASB 10) regarding "Accounting and Financial Reporting for.Risk
Financing and Related Insurance Issues."
Ass~ing you found our se~ices to be wor~anlike and professional, we are taking
this opportunity to propose audit services for the ensuing year ending June 30,'
1991. Since the "comprehensive" audit did not reveal .any major reportable
.conditions, our proposal offers you the choice between another "comprehensive
audit (Full Scope) or the less tedious "in relation to" type of statement,
(Alternate'A).
These estimates ass~e that your Finance Department will be able to provide us
~i~h the audit support co~ensurate with efforts of th~s past year. The fees
'" ~nclude a nominal increase in Our standard billing rates.
Financial Statements Full Scope Alternate A
City of Bakersfield -
Comprehensive Annual Financial Report
.and Management Letter $30,000 ~25,000
Bakersfield Redevelopment Agency ,
Annual F~nancial Report 4,200 4~000
Southeast Bakersfield Wastewater
Treatment Facilities Consolidated
.Corporation -.Annual Financial Report 1,600 1,500
Public Facilities Corporation .-
Annual Financial Report 1,500 1,500
,.~,,~ ~. v~..~.;... ~.~,i,,,,~ n~ C~.i~i~d m,,h~ie Aeeo.ntants and The California Sociely of Ce~ified Public Accountants
'City of Bakersfield
February 6, 1991
Page Two
Compliance Reports
Single Audit ,3,090 ~3,000
Redevelopment Agency ~' 1,900 1,500
Wastewater Management Plan 1,500 1,500
Transportation Development Act 1,500 1,500
Out-of-Pocket Expenses
Total Maximum Fee $44,890 $39,500·
We look forward to your direction regarding the audit scope for the fiscal year
· ending June 30, 1991. Please indicate your acceptance by signing below and
returning this letter to us. A duplicate copy is enclosed for your records. If
you have any·questi°ns, please contact me.
· Very truly yours,
BROWN, WAITS & ARMSTRONG
ACCOUNTANCY CORPORATION
By: Burton H. A
CD/tld
Enclosure
Audit Scope
Approved By Date
Date
Date
Date
BROWN, WAITS & ARMSTRONG
8u.,~A""~"' W~,,, CP^H. ^,.~t,.g. CPA Accountancy Corporation
Chfist~her W. ~, CPA
~,~ ~, cP~ Ce~lfled ~blic Accou~
Benj~in P. Rey~, CPA ·
. ~100 Trux[u~ Avenue, Sui[e 200 Bakersfie]d, California
~ ~nguez, CPA
~0 Sm, h CPA (805) 324'4971
a~,~ a. ~=~o~. c~a FAX: (805) 324-4997
Lynn R. Kraus~. CPA -- ~
February 6, 1991 ·
To the Honorable Mayor and
Members of the City Council
City of Bakersfield, California
We appreciate the opportunity of Providing audit services to the City of
Bakersfield, Central District Development Agency and other component units of the
....... ci.~...fg~..~he fiscal year ended June 30, 1990.
The audit was performed so we co61d issue a "comprehensive" opinion on the
fairness of the cOmbined'and combining statements. To accomplish this task each
fund was examined to insure that they were free of material misstatement. This
approach, which was requested by the Council, is more detailed than an "in
relation to" type of statement
The statements also featured early implementation of Government Accounting
Standard 10 (GASB 10) regarding "Accounting and Financial Reporting for Risk
Financing and Related insurance Issues."
Assuming.you found our services to be workmanlike and professional, weare taking
this opportunity to propose audit services for the ensuing year ending June 30,
1991. Since the "comprehensive" audit did not reveal any major reportable
conditions, .our proposal offers you the choice between another "comprehensive
audit (Full Scope) or the less tedious "in relation to" type of statement,
(Alternate A).
'These estimates assume that your Finance Department will be able to provide us
with 'th~-audit Support commensurate with efforts of this--pastyear. -'The fees
include a nominal increase in our standard billing rates.
Financial Statements Full Scope Alternate A
City of Bakersfield -
Comprehensive Annual Financial Report
and Management Letter $30,000 $25,000
'Bakersfield Redevelopment Agency - '~
Annual Financial Report 4,200 A,000
Southeast Bakersfield Wastewater
Treatment Facilities Consolidated
Corporati°n - Annual Financial Report 1,600 1,500
. . Public Facilities Corporation . C P~S~
Annual Financial Report · 1,500
MEMBER of Th. 'Am.ricoh Ink,ute of Certified Public Accountants and The California Socie~ of
City of Bakersfield
February 6, 1991
Page Two
Compliance Re~orts
Single Audit 3,090 3,000
Redevelopment Agency 1,500 1,500
Wastewater Management Plan 1,500 1,500
'Transportation Development Act 1,500 1,500
~t-of-Pocket Expenses
Total 'M~im~ Fee ....... $44,890 $39,500
We look fo~ard to your direction regarding the audit scope for 'the fiscal year
ending June 30, 1991. Please indicate your acceptance by si~ing below and
returning this letter to us. A duplicate copy is enclosed for your records. If
you have any questions, please contact me.
Very truly yours,
BRO~, WAITS & ARMSTRONG'
ACCOUNT~CY CO.OPTION
CD/tld
Enclosure
Audit Scope
Approved By~ Date
Date
Date
Date
ADMINISTRATIVE REPORT
March 13, 1991
Agenda Section:
R e p o r t s
Agenda Item:
7.
TO: HONORABLE MAYOR AND CITY COUNOILMEMBERS Approved
FROM: J. DALE HAWLEY, CITY MANAGER Department Head
~gl£: March 6, 1991 City ^ttorney
$~Bd[Cl:~eport No. 4-91 from the Bu,§et and [~nance Committee
Audi t..
RECOMMENDATION:
1. Motion to accept report. Group vote.
BACKGROUND:
CITY OF'BAKERSFIELD
BUDGET AND FINANCE COMMITTEE
REPORT NO. 4-91
March 13, 1991
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
SUBJECT: CITY AUDIT
The review of the Annual Financial Audit of the City of
Bakersfield was referred' to the Budget and Finance Committee for review.
The Committee met with representatives of the firm of Brown,
Waits and Armstrong to review the management letter for the 1990-91 Fiscal
Year audit. The Committee reviewed each of the items mentioned in the
management letter and the staff responses to each finding.
Generally staff has implemented the recommendations or adequately
responded to the findings of the management letter. However, the City
Manager has indicated that he intends to have the City Internal AuditOr
review the process for senior citizen refuse refunds and make
recommendations for improving the process during this next year.
The Committee would like to express its thanks to the staff of
the Finance Department for their, cooperation with the audit firm during
their first year performing the City audit. Their assistance was noted by
the audit firm. The Committee would also like to recommend that prior to
BUDGET AND FINANCE COMMITTEE
REPORT 4-91
CITY AUDIT
MARCH 13, 1991
the performance of the FiScal Year 1991-92 audit that a pre-audit meeting
be conducted with the Budget and Finance Committee to identify areas of
special concern or interest to be reviewed by the auditor.
Respectfully submitted,
Councilmember Kevin McDermott, Chair
Councilmember Patricia J. DeMond
Councilmember Ken Peterson
Rpt.5 and 5A:jp
Meeting Date:
March 13,. 1991
Agenda Section:
New Business
Agenda Item:
10. h.
Approved
TO: Honorable Mayor and Members of
the City Council Department Hea
FROM: Gregory J. Klimko, Finance Director City Attorney
DATE: March 5, 1991 City Manager
SUBJECT:Amendment to Agreement No. 90-165 (Audit Contract)
and Armstrong.
RECOMMENDATION:
Motion to approve and authorize the Mayor to execute agreement. Group
Vote.
BACKGROUND:
The audit firm of Brown, Waits and Armstrong has completed one year
(1989-90) of a five year commitment and has submitted a proposal for a full
scope audit for the second year (1990-91). This amendment increases the
contract price to $44,890, a 6.6% increase which is within the original
request for audit proposal paramenters.
This has been referred to and reviewed by the Budget and Finance Committee
which is in agreement with staff recommendation.
krc
A:NB.21
AGREEMm~ NO.
A~W~D_~ TO ~w.w~NT NO. 90-165
· THIS AI~ TO AGREEMENT NO. 90-165, is made a'nd
entered into on ' , by and between the CIT"~ 'OF
BAKERSFIELD, a municipal corporation, referred to as the ("CITY").
and BROWN, WAITS & A~TR~., Accountancy Corporation, referred to
as the I "ACCOUNTANT" ) ·
RECITALS
WHEREAS, CITY and ACCOUNTANT entered into Agreement No.
90-165 on July i1, 1990.
NOW, THEREFOr, CITY and ACCOUNTANT' mutually agree as
follows:
1. The first ,'Whereas" clause under recitals is hereby
amended in its entirety to read as follows:
'' ' . WHEREAS, the CITY OF BAKERSFIELD issued a Request
for Proposals and ACCOUNTANT has completed one year o! a five-
year commir~nent and has submitted a proposal concerning a full
scope-annual audit for the second year; and
2. Paragraph 1 of the Agreemant'is hereby amended in
its entirety to read as follows:
1' SCOPE OF WORK. The scope of work is generally
described as an audit of the combined and combining financial
-statements of the City of Bakersfield as of and for the year
ended June 30, 1991, as set forth in Exhibit ,.A," attached
hereto and incorporated as though fully set forth.
The ACCOUNTANT will also express an opinion and
issue compliance, reports on the following component unit
financial statements: Central District Development Agency,
Southeast Bakersfield Wastewater Treatment Facilities, Public
Facilities Corporation. In addition, financial statements and
compliance' reports will be issued for. the Transportation
Development Act Article 3 and Street Transportation Funds and
Wastewater Management Plan.
· The audit will be a Single Audit made in accordance
With generally accepted auditing standards; the standards for
financial and compliance audits-contained in Standards for
Audit o~ Governmental Organizations, Programs, Activities and
Functions, issued by the U. S. General Accounting Office; the
Single Audit Ac~ of 1.984; and the .provisions of OMB Circular
A-12B, Audits of State and Local Governments, and will include
tests of the accounting records of the City of Bakersfield and
other procedures the'ACCOUNTANT considers necessary.to enable
the ACCOUNTANT to express an~unqualified opinion that the
financial statements are fairly presented in conformity with
genezally accepted accounting principles consistently applied
and to report on the City of Bakersfield's compliance..with
laws and regulations and its internal accounting controls as
required for a SinGle Audit. ' If the opinion is other than
unqualified, the ACCOUNTANT will lully discuss, the reasons
with the CITY in advance.
3. Paragraph 3 ol the Agreement is hereby amended in
its entirety.to read as follows:
3. CO~P~ON. Compensation for services under
paragraph one shall consist of a total payment not to
exceed FORTY-FOUR THOUSAND EIGHT ~ NINETY DOLLARS
($44,890) to be paid in such increments, and upon
completion to .the satisfaction of the~ CITY, of those
items contained in ACcouNTANT's Proposal.
At the completion of each Of the items, all
documents shall have been completed by ACCOUNTANT, and shall
be submitted ~o CITY by ACCOUNTANT. Three copies of each
document shall be included in the compensation set forth
herein. Upon the review and approval of CITY staff of the
ACCOUNTANT's work and submission' of an invoice as set forth
herein, the sums stated above shall be paid.
The compensation set forth in this paragraph shall
be the total compensation ~or the services provided by
ACCOUNTANT including all out-of-pocket cost incurred by'the
ACCOUNTANT. CITY shall pay no fee other than the compensation
listed in this' paragraph u/~less'otherwise agreed to in writing
by .the CITY and ACCOUNTANT.
4. Paragraph 7 of the Agreement is hereby amended in
its entirety to read as ~ollows:.
7. BEST EFFORTS. ACCOUNTANT is' preparing a work~
product at the regues~ of the CITY. Ail work done under this
Agreement will be on a best efiorts basis. ACCOUNTANT agrees
to dedicate the necessary persorn~el and time to carry, out the
work as proposed.
In the event that litigation is commenced involving
the work product of ACCOUNTANT, ACCOUNT~ wi]q, at the
request of the CITY, assist the CITY in that litigation at
contracted compensation rates for hours o~ assistance.- Such
· compensation would be in excess bf the $44,890 cited in
paragraph 3.. Should such litigation demonstrate that
-- 2 --
ACCOUNTANT was negligent or committed misfeasance or
malfeasance in preparation of the audit, or used patented,
copyrighted or proprietary information without full legal
authority to do so, no added compensation shall be .due for
providing such assistance. ..
5. Except as amended above, all terms and conditions
.of Agreement No. 90-165 shall continue in full force and effect.
o0o-
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed, the day and year first, above written~
"CITY"
CITY OF BAKERSFIFr.n
By
CLARENCE E..
Mayor
APPROVED AS TO FORM:
LAWRENCE M. L~INI
City Attorney
By
COUNTERSX GNED:
By
Finance Director
ACCOUNTANT"
BRowN, WAITS & ARMS~ONG
Accountancy Corporation
LCM/meg
CONSULT\'
ACCT. AMD
2/4/91
Attachment: Exhibit
- 4 -
ARMST
BROWN, WAITS RONG
~^ Accountancy Corporation
Burton H. Ar~t~g, CPA
c~n~®~r w. c,.m.l~, cP^ Certified Public Accountan~
Jer~ Randall, CPA
Benjamin P. R®y~. CPA
4100 ~uxtun Avenue, Suite 200 Bakersfield, California ~0~) ~ ~c~,o~
~4-40~ 1
Caro~ ~minguez. CPA {~0~) '~ -
~ug s~,~, c.~ FAX: (805) 324-4oo7 '
AnOr~ J. Paul~n, CPA'
Lynn R. Kraus~. CPA ~ [ ~'~
February 6, 1991
To the Honorable Mayor and ~
Members of the City Council
City of Bakersfield, California
We appreciate the opportunity of providing audit services to the CitY of
Bakersfield, Central District Development Agency and other component units of the
City for the fiscal year ended June 30, 1990.
The audit was performed so we could issue a "comprehensive" opinion on the.
fairness of the combined and combining statements. To accomplish this task each
fund was examined to insure that they were free of material misstatement. This
approach, which was requested by the Council, is more detailed than an "in
relation to" ~ype of statement.
The statements also featured early implementation of Gover~ent Accounting
Standard 10 (GASB 10) regarding "Accounting and Financial Reporting for Risk.
Financing and Related Insurance Issues."
Ass~ing you found our se~ices to be wor~anlike and professional, we are taking
t~is opportunity to propose audit se~ices for the ensuing year ending June 30,
1991. Since the "comprehensive" audit did not reveal any major reportable
conditions, our proposal offers you the choice between another "~comprehensi~e
audit (Full Scope) or the less tedious "in relation to" type of statement,
(Alternate A).
These estimates ass~e that your F~nance.Depar~ment will.be able to provide, us
with the audit support co~ensurate with efforts of this.past year. The fees
include a nominal increase in our standard billing rates.:
Financial Statements Full Scope Alternate A
City of Bakersfield
Comprehensive Annual Financial Report
and Management Letter $30~000 $25,000
Bakersfield Redevelopment Agency
Annual Financial Report 4~200 4~000
Southeast Bakersfieid Wastewater
Treatment Facilities Consolidated
Corporation - Annual Financial Report 1~600 1,500
Public FacilLties Corporation -
Annual Financial Report 1,500 ~1,500
..... ~ ~ I ]}1: I ~ [ . 1[ ': I ~ ...... ' ~ '{~ ~a Tk~ P:lilnrni. ~n~intv nf ~.ifiod Public Accountants
City of Bakersfield
February 6, 1991
Page Two
Compl%ance Reports
Single Audit ~ 3,090 3,000
Redevelopment Agency 1,500 1,500
Wastewater Management Plan' 1,500 1,500
Transportation Development Act 1,500 1,500
Out-of-Pocket Expenses
Total Maximum Fee $44,890 $39,500
We look forward to your direction regarding the audit scope for the fiscal year
ending June ,30, 1991. Please 'indicate your acceptance by signing below and
returning this letter to us. A duplicate copy is enclosed for your records. If
you have any questions, please contact me.
~;ery truly yours,
BROWN, WAITS & ARMSTRONG
ACCOUNTANCY CORPORATION
By: Burton H. Ar~
CD/tld
Enclosure
Audit Scope ~ '~ '
Approved By Date
Date
Date
Daze
BROWN WAITS & ARMSTRONG-
hA. Wail~, CPA Accountancy Corporation
H. Armswong. CPA ,
Christooher W. ~11. CPA Certified Public Accoun~n~ ~ ~ ~ ~ ~ o
J,t~ Ra~Oall, CPA ~ ~ [ ~ ~ [ / ~
Benl~n P. Rey~, CPA -
41 O0 Truxtun Avenue, Suite 200 Bakersfield, California ~ ~ ~*) cm~no~
~ug StaSh, CPA FAX: (805/ 324-4*)0-
~,, ~. ~.u,.~. o~, C i T Y ?-'~ ::-'~"
Lynn R, Kraus~, CPA . ~ ~ ~. i ,' ~
To the Honorable Mayor, Audit Committee and
Members of.the City Council
City of Bakersfield, California
Statement on Auditing Standards #61, "Communication with Audit Committees"
concludes that certain matters related to the audit should be communicated to
those who have responsibility for oversight of the financial reporting process.
The purpose of this'letter is to assist the audit committee in overseeing the
financial reporting and disclosure process, for which management is responsible.
While performing th'e audit of the' financial statements of. the City of
Bakersfield, California for 'the year ended June 30, 1990 certain items came to
our attention, that while not material or reportable for Federal and State
compliance purposes, offer an opportunity for improvement or efficiencies in
operations or internal controls. Ail findings have been discussed with the
appropriate level of management. This letter details those findings for your
information as follows:
Senior Citizens Refuse Refunds
- We noted a lack of controls regarding the refunds. Annual verification of
eligibility is not performed. This area could be examined by the City
Internal Auditor and control procedures established.
Signature policy o Public Works ROMC
While testing compliance with the City's policies and procedures related to
cash receipts, we noted that the Daily Report of Monies Collected in the
Public Works Department did not have the proper signature authorization.·
After discussing this point with the Public Works Business Manager, the
department implemented procedures.
Refuse Fund - Fixed Assets
The Refuse Enterprise Fund was created in 1986. Since inception no fixed
assets have been recorded in 'this fund. The City's capitalization
requirement is $400. After reviewing expenses in this fund, it was
determined that while immaterial to the audited financial, statements,
capitalized assets should approximate $17,000. In addition to
capitalizationl depreciation should be calculated on these assets. We
recommend-the City capitalize all fixed assets of the Refuse Enterprise
Fund to comply with the fixed asset capitalization policy.
Airpark Fund Grants
Finance was required to prepare a year-en~ reconciliation of grant claims
submitted ~or reimbursement because of discrepancies with accounting
records. We recommend the Public Works Business Manager prepare all claims
andsubmit them to Finance for review prior to submission for payment to
facilitate accurate recording in the records.
Some reimbursements were not processed in a timely.manner. We noted some
'88-~89 expenditures not processed at June 30, 1990. To insure effective
budgeting, we recommend reimbursements be processed expediently.
We are avaiIable to discuss the above findings in more detail if you so require.
Very truly yours,
BROWN, WAITS & ARMSTRONG
ACCOUNTANCY CORPORATION
By' Burton H.
BUD01.03 REQUEST FOR PERMANENT PERSONNEL [FORM B2] 02:15PM 02-19-91
SUBPROG kCITY MANAGER - ADMINISTRATION
1CLASS # HAZARDOUS MATERIALS_ COORDINATOR
2FUND $ KGENERAL FUND..
11 2 OF NEW STEP PAY COST REDUCTIONS
TOTALEMPLOYEES NO. PERIOD ANTICIPATED SALARY
1. 10 5 6.0 TEMP 11300.18
OVRTM
70100 Regular Salary 11300.18
OBJT$
70500 Retirement (Misc.) 646.82
70700 Workmen's Comp. 550.32
70800 Insurance 781.38
TOTAL COST 13278.70
BUD01.03 REQUEST FOR PERMANENT PERSONNEL [FORM B2] 02:15PM 02-1.9-91
. SUBPROG kCITY MANAGER - ADMINISTRATION'
lCLASS # HAZARDOUS MATERIALS COORDINATOR
2FUND # KGENERAL FUND..
11 2 OF NEW STEP PAY COST REDUCTIONS
TOTALEMPLOYEES NO. PERIOD ANTICIPATED SALARY
1. 1 55 26.1 TTEMP 49155 . 80
OVRTM
70100 Regular Salary 49155.80
OBJT9
70500 Retirement (Misc.) 2813.68
70700 Workmen's Comp. 2393.89
70800 Insurance 3399.00
TOTAL COST 57762.37
N=Next F=File [#]=Change J=Justif [ALT F5]=PC Prnt P=Aux Prnt L=LPTR R=RepoSt
BUD01.03 REQUEST FOR PERMANENT PERSONNEL [FORM B2] 02:19PM 02-19-91
SUBPROG kCITY MANAGER- ADMINISTRATION
1CLASS~ HAZMAT SPECIALIST · ~6~4,~-~ ~
1FUND 9 KGENERAL FUND..
11 2 OF NEW STEP PAY COST REDUCTIONS
TOTALEMPLOYEES NO. PERIOD ANTICIPATED SALARY
1. 1 1 6.0 TEMP 8095.20
OVRTM
70100 Regular Salary 8095.20
OBJT#
70500 Retirement (Misc.) 463.37
70700 WOrkmen' s Comp. 394.24
70800 Insurance 733.92
TOTAL COST 9686.73
BUD01.03 REQUEST FOR PERMANENT PERSONNEL [FORM B2] 02:19PM 02-19-91
SUBPROG kCITY MANAGER - ADMINISTRATION
1CLASS# HAZMAT SPECIALIST
1FUND # KGENERAL FUND..
11 2 OF NEW STEP PAY COST REDUCTIONS
TOTALEMPLOYEES - NO. PERIOD ANTICIPATED SALARY
1. 1 1 7.0 TEMP 36503.75
2 19.1 OVRTM
70100 Regular Salary 36503.75
OBJT%
70500 Retirement (Misc.) 2089.47
70700 Workmen' s Comp. 1777.73
70800 Insurance 3192.55
TOTAL. COST 43563.50
N=Next F=File [%]=Change J=Justif [ALT F5]=PC Prnt P=Aux Prnt L=LPTR R=Repost
BUD01.03 REQUEST FOR PERMANENT' PERSONNEL [FORM B2] 02:22PM 02-19-91
SUBPROG kCITY MANAGER - ADMINISTRATION
1CLASS~ KCLERKTYPIST~ I.
2FUND # 11
2 OF NEW STEP PAY COST REDUCTIONS
TOTALEMPLOYEES NO. PERIOD ANTICIPATED SALARY
1. 1 5 3.0 TEMP 0.00 2269.20
OVRTM 0.00
70100 Regular Salary 2269.20
OBJT#
70500 Retirement (Misc.) 129.89
70700 Workmen's Comp. 21.56
70800 Insurance 366.96
TOTAL COST 2787.61
N=Next F=File [#]=Change J=Justif [ALT F5]=PC Prnt P=Aux Prnt L=LPTR R=Repost
BUD01.03 REQUEST FOR PERMANENT PERSONNEL. [FORM B2] 02:24PM 02-19-9t
SUBPROG kCITY MANAGER - ADMINIST-RATION
1CLASS# KCLERK TYPIST I.
2FUND # 11
2 OF NEW STEP PAY COST REDUCTIONS
TOTALEMPLOYEES NO. PERIOD ANTICIPATED SALARY
1. 1 5 13.0 TEMP 0.00 9833.20
OVRTM 0.00
70100 Regular Salary 9833.20
OBJT#
70500 Retirement (Misc.) 562.85
70700 Workmen' s: Comp. 93.42
. 70800 Insurance 1590.16
TOTAL COST 12079.63
N=Next F=File [#]=Change J=Justif [ALT F5]=PC Prnt P=Aux Prnt L=LPTR R=Repost
Underground Storage Tank Program Analysis
Three Year I
90-91 91-92 92-93 Total
One-time costs
Computer Network (25%) $9,024
Misc. Equipment $6,725
Office Equipment $4,025 $1,000 $1,000
Subtotal $19,774 $1,000 $1,000
Recurring Costs
Personnel
* Hazmat Coordinator $2,656 $5,776 $6,065
Hazmat Specialist $9,687 $43,564 $45,742
*Clerk/Typist I (40%) $2,230 $9,663 $10,146
Vehicle Lease $1,890 $7,560 $7,560
Office Supplies $400 $1,000 $1,000
Reimbursable Exp. $800 $1,500 $1,500
Maint. Agreements $2,650 $2,650
Subtotal $17,662 $71,713 $74,663
Total Operating Costs $37,436 $72,713 $75,663
Overhead (12%) $4,492 $8,726 $9,080
Total USTP $41,928 $81,438 $84,743 :~i??~iii?~i??~iii???~iii~iii?~ii~!ii~!~iii
==================================================
Adjustments
*Salaries ($4,885) ($15,439) ($16,211) ($36,536)
**Computer (75%) $27,071 $27,071
Total Additional Approp. $64,114 $65,999 $68,531 $198,644
Revenues
UST Program $77,450 $81,323
Remediation $2'4,255 $25,410
Total Revenues $0 $101,705 $106,733 iiiiiiiiiiiiliiiiiiiiiiiiiiii~il~i??~
. ===========================================================================================
Estimated UST Fee $50.00 $52.50
* Already included in A82185 existing budget.
** Share of Computer to be supported by A82185 fees.
19-Jan-91
CITY COUNCIL REFERRAL
MEETING OF: 02/13/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM: RECORD~ 7572
City Auditor. (McDermott)
ACTION TAKEN BY COUNCIL:
'MOTION TO DIRECT CITY AUDITOR TO MEET WITH BUDGET
AND FINANCE COMMITTEE WITH REPORT BACK TO
COUNCIL. APPROVED,
BACKUP MATERIAL ATTACHED: NO
DATE FORWARDED BY CItY CLERK: 02/15/91
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE,
February 11, 1991
TO: CAROL WILLIAMS, CITY CLERK
FROM: LAWRENCE M. LUNARDINI, CITY ATTORNEY ~
SUBJECT: CLOSED SESSION FOR PURPOSES OF HEARING AUDITORS REPORT
This is to advise you that the Brown Act does not permit
a Closed Session for purposes of hearing a report from the City's
Auditors. Such a meeting is impermissible under the Brown Act
because there is no provision for such a meeting. Since there is
no'legal basis, you may not hold a Closed Executive Session with
the auditors to discuss the report.
If there are portions of the~ report having to do with
.litigation, or other matters permitted in Executive Session, you
may discuss these portions in an Executive Session.
LML/meg
AMA/
WILLIAMS. MEM
cc: Mayor and Councilme~ers
J. Dale Hawley, City Manager
MEMORANDUM
. .~ ,r . "WE CARE" ' '-~ ~
.: :,.... ,..::., .~.,' '~',-
"'--'-'.TO: '. Dennis'S. Needham, Fire Chief
: ':. FROM: Michael R, Kelly, DepUty Chief~
DATE: February 11, 1991
SUBJECT: FUNDING FOR THE UNDERGROUND STORAGE TANK PROGRAM
Attached is the proposed funding request for the last quarter of the 1990-91
Fiscal Year, and the full 1991-92 Fiscal Year for the underground storage tank
program. As You will notice, the initial expenditure for the last quarter of
the 1990-91 Fiscal Year will be $71,988. The total expenditure for the
1991-92 Fiscal Year will be $55,982.
The yearly cost of the program will remain in the $55,000 per year range due
to the fact that additional expenditures for hardware and software will not be
necessary.
According to current Kern County Environmental Health Department rcords, the
fees coll'ected for this program will be $100,500 per year. These fees are
assessed for annual inspections and time involved in the oversight of
remediation measures. The program should generate approximately $50,000 a year
for the General Fund after the initial start up period.
MRK:ps
5:UGTANK
"WE CARE" -
!-
February 8, 1991
TO: M.R. Kelly, Deputy Chief
FROM: R.E, Huey, Hazardous Materials CoOrdinator
Employee Cost* (April, May, June) $ 9,753
Vehicle Purchase $ 13,500
Vehicle Lease Cost (3 mo.) $ 1,890
Misc..Equipment (Gas Analyzer & Camera) $ 6,725
Office Equipment (Inc. Conference Table) $ . 4,025
Computer Network
PS/2 Model 80 $ 9,570
2 - Serial Parts $ . 146
Tape Drive (250 MB) $ 1,419
Access Units $ 581
5 Token Ring Cards $ 3,133
Server Token Ring Card $ 626
Microcomputer (terminal) $' 2,456
UPS Power Back Up $ 700·
Power Director $ 125
Connectors $ 100
Network Software $ 2,700
DOS $ 87
MSDS Software (Network Vers.) $ 7,000
UST Software Update $ 5,000
Lazer Printer $ 2,452
Sub Total $ 36,095
Total' Estimated Expenditure for Start Up
ie. April - June 91 $ 71,988
Employee Cost - New Position (Hazardous Materials Specialist)
Recommended Range - $2,687 - $3,'267. Start up includes 3
months at entry (probationary level) plus benefits.
............ 7;:/.: - UST PROGR~ ~STI~T~D ' ~U~ -- -" '
Employee Cost (Second Step) including benefits $ 40,272
Vehicle Lease Cost ~ $ 7,560
Stationary/Office Supplies $ 1,000
Reimbursable Expenses (Training, Travel etc.) $ g,500
.Office Equipmeng $ 2,000
~aintenanee Agreements {8oft~are) 25g Dept Total $ g~50
Total $ 55,982**
UST PROGRA~ COST RECOVERY PER YEAR
Current UST Program (using'exis~in'g KCEH rates) $ 77,450
Remediation
and.Site Clean Up Management $ 23,100-
Total does not include dePartmental_of City-overhead or cost
of inter ~epartmen.t supervisio~ and support.
Total cost {April} May,. Tune) 91 of $ 71,988
Total cost 91 - 92 of $ 55,982
Sub Total $127,070
CITY COUNCIL REFERRAL
MEETZNG OF: 01/30/91
REFERRED TO: BUDGET & FINANCE J W STINSON
/
ITEM: RECORD~ 7514
Underground Storage Tank Program, (HcDermott)
ACTION TAKEN BY COUNCIL:
MOTION TO REFER TO BUDGET AND FINANCE COMMITTEE
FOR REVIEW. APPROVED.
BACKUP MATERIAL ATTACHED: NO
DATE FORWARDED BY CITY CLERK: 02/01/91
STATUS:
PLEASE ENTER THE STATUS INTO THE PRINE COHPUTER
COUNCIL REFERRAL TRACKING SYSTEN AS PROGRESS IS HADE.
CITY COUNCIL REFERRAL
MEETING OF: 01/30/91
REFERRED TO: BUDGET & FINANCE J W STINSON
ITEM: RECORD~ 7445
Communication from Bakersfield Society for the
Prevention of Cruelty to Animals, 6851 Edison
Highway, dated January 22, 1991, requesting
Council support to Spay/Neuter Program.
ACTION TAKEN BY COUNCIL:
RECEIVE AND REFER TO BUDGET AND FINANCE
COMMITTEE. APPROVED AA.
BACKUP MATERIAL ATTACHED: YES
DATE FORWARDED BY CITY CLERK: 02/01/91
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
'r6~,* Pet ~i~ ~: .3~ G,~ St~t. ~ersf,el~. Coiffing, 923~ 1805) 323-8353
F~ 1805} 323~49
January 22, 2992
C~ty of Bakersfield.
1501 Truxtun Avenue
Bakersfield, CA 93301
Re ~ Spay/Neuter ~rogr~m
De~r Me.ers of th~ Bakersfield City Council:
~ you a~ ~~ ~e C~y
population p~oble~.. .... This is-evident a~ we publish s~atistic~ .....
monthly of those unwanted-pets we put-~o ~leep.- This is also
evident when you ge= complaints from your-constituents as to ..
straying cats ~nd. dogs. Some of the resistance for altering
pets comes from the lack of knowledge of the benefits, zome
resistance tomes from the cos~. We hope =o put together a
one-time program ~hat a~dresses these reservation~ and wall
make a good size dent in the cycle of unnecessary breeding.
The ~akersfield S.P.C.A. hereby ls requesting suppor~ from
the Bakersfield City Council in =he amount of $5,000. The'
money will be combined with $5,000 from the Bakersfield
S.P.C.A. and $5,000 from the Kern Humane Society for a total
of $15,O00. The combined monies will be u~ed for a
spay/neuter program for ~he months of March and April 1991
(or like two month period).
The spay/neuter incentive program is an attempt to accomplish
=he following:
1. The awareness of the benefits to =he pet and owner
of spaying and neutering. A!=ered pets live
longer, don't stray as often from home, and live
healthier lives.
2. TO provide financial incentive of $20.00 discount
to =he pet o~er. Also s.ave~ $10 pet year on dog
lioen~es. (~efore the discount, the awernge cost
of ca= neuter is $25~ spay $35, dog neuter is $40,
~pay $~5) ·
To make'the publio aware of the ongoing problems
of pet over population in' the city'limits of
Bakersfield.
~The financial incentive of $20;00 is composed of a $5.00
discount from =he participating spay clinics and
veterinarians, $15.00 combined f;om the City of Bakersfield,
the Bakersfield S.P.C.A. and the Kern Humane. society.
Therefore, .these fun~s will be used for up to 1,000
spay/neuters.
If less than 1,000 spay/neuters are accomplished in the time
period of March and April, 1991, the remaining funds will be
used for continued advertising and awareness programs.
The Bakersfield S.P.C.A. wall handle all media coverage and
~he implementation of the spay/neuter program. We anticipate
coupons wall be available in the newspaper, brochures,
~alle=s, pet stores, ye= offices, etc. Uhat will be redeemed
when the spay/neuter is complete.
We appreciate your immediate attention to this worthwhile
program. If you have any questions, please feel free to
contact me a= 325-7500.
S'inoerely,
Bage=s£ield S.P.C.A.
MC
~J'~ ~ %L C46k~. BAKERSFIELD SOCIETY FOR THE PREVENTION OF CRUELTY TO
.,*~ ' ANIMALS
Animol Caelrel Shelfm': ~)~.'.'.% I E'ci,SOn H ghway. Bakersf,eld. Cohf~rnta. 93307 (805) $6~-3234
FAX (805} 323.0~49 .
CC:)
January 22, 1992'
~:. City of Bakersfield
~,..~ 1501 Truxtun · Avenue
Jim ~rtz~l Bakersfield, CA 93301 -.
e,~,.~.O.v~ population problem. This is eviden~ as we. publish statistics
m.,,C~, monthly of those unwanted pets we pu~ ~o sleep. This is also
~Sann evi~en= when you ge: complaints from your constituents as to
L~G,~ straying cats and dogs. Some of the resistance for altering
pets comes from the lack of knowledge of .~he benefits, .some
R~ resistance comes from the cos~. We hope ~o pu~ t~gether, a
O~~ one-time program ~ha~ addresses these reservation~ and 'will
make a good size dent in the oycle of unnecessary breeding.
~s,oc~,- T~e ~akersfie'ld S.P.C.A. hereby, ts requesting suppor~ from
~.wo,~, the Bakersfield Cl~y Council in ~he amoun~ of $5,000. The
ExKu,.,~,o~ money will be combine~ with $5,000 from '~he Baker~fleld'
S.P.C.A. and $5,000 from the Kern Humane SOciety. for a total
~ .....~'-~ of $15,000. The combined monies will be used for a
spay/neuter program for the months of' March and April 199!
(~r like :wo mon:h period).
The spay/neuter incentive program is an attempt to accomplish
the following:
1. The awareness .of ~he benefits ~o =he pet an~ owner
of spaying and neu=ering. Altered pe~s live
longer, don't stray.as often from home, and live
healthier lives.
2. TO provide financial incentive of $20.00 discount
· 'to =he pet owner. Also Saves $10 per year on dog
licen~es. (Before the discount, =he average cost
' of ca= neuter is $25, spay $35,' dog neuter is $40,
~pay $55).
We ~Jepend u~on you~' contrlbvtio,~ , D=.,ulJu,,'~ u,u !ux dudu¢libl¢-
Ct~ Of ~akar~ffald'
January 22, 1991
Page 2
To make~ =he Public aware of ~he ongoing problemg
of pet over population in the city limits of
Bakersfield.
The financial inCen:ive of $20.00 is composed of a $5.00
discount from the participating spay clinics and
veterinarians, $15.00 combined from the City of Bakersfield,
the Bakersfield $.P.C.A. and the Kern Human· society.
Therefore, these funds will be used for up to
spay/neuters.
If less :hah 1,000 spay/neuters are accomplished in the time
period of March and April, 1991, the remaining funds will be
used for continued advertising and awareness programs.
The Bakersfield S.P.C.A. will handle all media coverage and
t. he implementation of the spay/neuter program. We anticipate
coupons will be- available in :he newspaper, brochures,
mailers, pet s:ores, vet offices,, etc. that will be redeemed
when :he spay/neuter is comple==.
We appreciate your immediate attention to this .worthwhile
program. If you have any questions, please feel fr6e to
contact me at 325-7500.
P~st President
Bakersfield S.P.C.A.
·
G /Jc
MC
ADMINISTRATIVE REPORT
Meeting Date:
February 27, 1991
Agenda Section:
Reports
Agenda Item:
7. a.
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS Approved
FROM: J. DALE HAWLEY, CITY MANAGER Department Head
DATE: February 21, 1991 City Manager /(~J~~
SUBJECT: Report No. 3-91 from the Budget and Finance Committee
S.P.C.A. Sp ay/Neuter Program.
RECOMMENDATION:
1. Motion to accept report. Group Vote.
2. Motion to transfer $5,000 from Council Contingency to the City
Manager's Department Operating Budget in the General Fund. Roll
Call Vote.
BACKGROUND:
CITY 'OF BAKERSFIELD
BUDGET AND FINANCE COMMITTEE
REPORT NO. 3-91
February 27, 1991
On January 30, 1991, the Council referred correspondence from the Society
.for the Prevention of Cruelty to Animals (SPCA) to the Budget and Finance
Committee for review.
To help address Bakersfield's pet overpopulation problem and help reduce'
the number of unwanted pets that must be put to sleep, the SPCA would like to
offer a one-time spay/neuter program.
The intent of the spay/neuter program is to increase public awareness of
the benefits of spaying and neutering, reduce the number of unwanted pets, and
to provide a financial incentive to the pet owner for spaying and neutering their
.pets. The financial incentive would be composed of a $5.00 discount from
particiPating ~eterinarians and spay clinics and a $15.00 discount coupon for
a total possible savings of $20.00. Funding for the coupons would be equally
shared'by the SPCA, the Kern Humane Society, and the City of Bakersfield. The
program would be offered for a limited two month period, and coupons would be
available through local newspapers, fliers, participating veterinarians and pet
stores.
A one-time contri.bution of $5,000 from the City is being requested. This
contribution' would be combined with a $5,000 contribution from the SPCA and a
$5,000 contribution from the Kern Human Society. These funds, in addition to
BUDGET AND FINANCE COMMITTEE'
REPORT NO. 3-91
February 27, 1991
Page -2-
the discount offered by participating spay ~linics and veterinarians, could
provid~ for the spaying and neutering of up to 1,000 dogs and cats.
The Commi.ttee recommends that the City Council support the pilot program
and transfer $5,000 from Council Contingency to the'City Manager's Operating
Budget in the General Fund.
Respectfully submitted,
Councilmember Kevin McDermott, Chair
Councilmember Patricia J. DeMond
Councilmember Ken Peterson
.alb
VICE MAYOR REFERRAL
(PROPOSED ORDINANCES ONLY)
DATE OF REFERRAL: January 28, 1991
REFERRED TO: BUDGET AND FINANCE COMMITTEE (John Stinson)
ITEM: SURPLUS SUPPLIES AND EQUIPMENT
(Proposed) An Ordinance of the Council of the City of Bakersfield
Amending Subsection F. of Section 3.20.120 of the Bakersfield'
.Municipal Code Relating to Surplus Supplies and Equipment
BACKUP MATERIAL ATTACHED: Yes ~_~~ , (~
STATUS:
To Council Committee on
Committee Report No.
Sent to Council on
Public Hearing on
Ordinance Adopted
(date)
Proposed Ordinance Canceled
(date)
Other
cc: Carol Williams
Mary Ellen Gonzales
REFER91.1
JP
MEMORANDUM
September 17, 1990
TO: Vice-Mayor Ken Peterson
FROM: Robert M. Sherry, Acting City Attorney
SUBJECT: VICE MAYOR REFERRAL OF PROPOSED OItDINANCE
Please refer the following proposed ordinance to whichever
committee you deem appropriate:
1) SURPLUS SUPPLIES AND EQUIPMENT.
Background:
This ordinance is being amended to allow the sale
of surplus supplies and equipment to non-profit
organizations.
AJS/LCM/meg
ORD-REFERRAL\
SURPLUS.MEM
Attachment
cc: J. Dale Hawley
Gregory Klimko
· ' Darlene Wisham
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD AMENDING
SUBSECTION F. OF SECTION 3.20. 120
OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO SURPLUS SUPPLIES AND
EQUIPMENT.
BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1.
Subsection F. of Section 3.20.120 is hereby amended to
read as follows:
3.20.120 Surplus supplies and equipment.
F. Whenever another governmental entity or a non-
profi~ organization having tax exempt status as determined under
Section 501 (c) Internal Revenue Code has requested the
opporuunity no purchase surplus stock, materials or equipment,
the finance director may, without complying with other provisions
of this section, negotiate with such governmental entity or non-
profit organization for the price to be charged for suCh surplus
stock, materials or equipment. Any sale to a governmenual entity
or non-profit organization shall be subject to confirmation and
approval by the city council which, in its discretion, may
authorize or reject such sale. If the sale is rejected, the
property will be disposed as surplus stock, materials or
equipmenu as provided by the provisions of this chapter.
SECTION 2.
This Ordinance' shall be posted in accordance'with the
City Charter provisions 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~l CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
CLARENCE E. MEDDERS
~IAYOR of the City of Bakersfield
APPROVED as to form:
ARTHUR J. SAALFIELD
CI~f ATTORNEY of the City of Bakersfield
LCM/meg
SURPLUS.ORD
9/6/90