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Home My WebLink About1998 PUBLIC STATEMENTS SPEAKER'S CARD URBAN DEVELOPMENT Committee of the City Council Committee Meeting Date ~/~/ You are invited to address the Committee under Public Statements on any subject that is listed on the Committee Agenda. Public statements are limited to three (3) minutes per speaker With a maximum of fifteen (15) minutes, per side, for any one subject. The Committee may, by simple majority vote, waive the time limit. No action will be taken; this Committee gathers information and reports back to the City Council. Please fill out a Speaker's Card and present it to the Committee Chair: Kevin McDermott Company/ Organization: Subject: 5"~(.~ ~C IL ~ ~"r ~ y ~ From: Stan Ford To: Alan Tandy Date: 8/12/98 3:56PM Subject: Liberty Park I just spoke with Colin Bywater of NOR (park planning and construction director). What I got was: 1. The park property is a former county burn dump. 2. Property still owned by the county. 3. NOR is negotiating a long-term lease with the county. 4. Lease agreement should be presented to the NOR board and county supervisors in September. 5. NOR is working with the city and Castle & Cooke for road improvements to Brimhall. Agreement should be ready for the council in September. 6. NOR is working with Kern High School District for road improvements to Jewetta. Agreement should be ready in September. 6.1 Funding for road improvements is in place. 7. NOR and county are about to have a surveyor survey the property. 8. Construction will begin once all agreements are signed. That is grading and irrigation installation. Turf will probably be planted in the spring. That's all they have money for. Do you need more? ADMINISTRATIVE RE PO R T MEETING DATE: July 15, 1998. I AGENDA SECTION: Headngs I I ITEM: 9.c.1. TO: Honorable Mayor and City Council APPROVED FROM: Robert M. Sherfy, Chief Assistant City Attorney DEPARTMENT HEAD ,~~ DATE: July 2, 1998 CITY ATTORNEY CITY MANAGE~--~ SUBJECT: An Ordinance amending Chapter 12.20 Subsections 12.20.020 and 12.20.030 of the Bakersfield Municipal Code relating to encroachments. RECOMMENDATION: Hold public headng and recommend first reading of the Staff recommended Ordinance and find the ~ance exempt from CEQA. BACKGROUND: Please note there are two Ordinances, either of which may be approved for first reading by the City Council. The City Council should clearly indicate which of the two Ordinances, if any, is authorized for first reading. The public heating will allow the City Council to take public statements concerning the encroachment permit ordinances and then choose the desired alternative, or make other changes as deemed necessary by the City Council, or elect to take no action. The Urban Development Committee has been considering the encroachment permit ordinance as it impacts downtown food and beverage service (including alcoholic beverages) for some time. The Committee was mindful of the desire to create an elegant outdoor dining atmosphere while balancing the need of the City for public safety and the retention of City control over the use of its streets. The Committee desires that any encroachment will be of a temporary nature and must be removed any time such demand is made by the City Engineer. The Committee spent a lot of time on the request for alcoholic beverage service in the encroachment area. Witnesses from staff and business representatives from the downtown area were heard. The Committee has tried to balance the need for additional control when alcoholic beverages are served with the request from business owners to allow service subject mainly to control from the Alcohol Beverage Control Board of the State California. Some Committee recommendations were based on statements conceming the Alcohol Beverage ntrol Board's regulations. July 2, 1998, 1:49PM ~AD,~ ~ N ~STRAT~VE REPORT Page2 After the Committee recommended the ordinance to the City Coundl, the City Attorney's office conducted additional investigations concerning the regulations of the Alcohol Beverage Control Board. The City Attorney's office discovered the Alcohol Beverage Control Board does not regulate encroachments under State statutory requirements or Alcohol Beverage Control Board rules. The Alcohol Beverage Control Board places regulations on a case bY case basis and can change its regulations for any individual business at any time. The Alcohol Beverage Control Board can look to City ordinances for its regulatory authority. Because of this new information which did not reach the Committee, the City Attorney's office, with the assistance of the City Manager's office, has drafted two ordinances for consideration by the City Council. One ordinance attempts to reflect the Committee's recommendations and the other attempts to incorporate changes which the City Attorney's office believes may be desired by the Council based on new information not available to the Committee. The staff recommended ordinance adds a minimum barrier height requirement, and prevents glass in the encroachment area after 10:00 p.m. Otherwise, the ordinances are the same. Both now limit the new encroachment policy to the downtown area. The grandfathefing provisions are espedally difficult. Some encroachments are currently illegal and have features which are public safety problems as they are now constructed. The grandfathering provision will allow the structures for the life of the current permit if the permit holder follows the regulatory requirements of the proposed ordinances. Because of the service of alcoholic beverages on the City right-of-way, two additional ordinances must ~pproved by the City Council if this encroachment ordinance is adopted. The additional ordinances which be approved by the City Council will amend Chapter 9.16 of the Bakersfield Municipal Code relating to drinking on the street. These two ordinances have been placed on the agenda separate from this ordinance revision in order to avoid confusion; however, if the encroachment ordinance is rejected the changes to Chapter 9.16 should be rejected as well. Any postponement of the encroachment ordinance must cause a postponement of the changes to Chapter 9.16. JL15:CA:HR JNClL~ADM IN Rl~ncro~chOrdAdmin.wpd~'~l~D:dlr Ju~ 2, '1008, 1 MEMORANDUM July 14, 1998 TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: ROBERT M. SHERFY, CHIEF ASSISTANT CITY ATTORNEY SUBJECT: JULY 15, 1998 COUNCIL MEETING ADD-ON TO AGENDA SECTION HEARINGS, ITEM NO. 9.c.1. The Committee-recommended ordinance relating to encroachments was inadvertently omitted from the council packets for the upcoming meeting. Attached is the Committee-recommended ordinance to be placed in the council packets for consideration by Council in addition to the staff-recommended ordinance under Hearings, Item No. 9.c. 1. RMS:Iaa Attachment cc: Alan Tandy, City Manager Pamela McCarthy, City Clerk S :~COUNCIL'~ME MOSLE ncroach-Add RESOURCE MANAGEMENT AGENCY DAVID PRICE II1~ DIRECTOR Com. muni~/Development Program Department · Engineering & Su~ey Services Department · Environmental Health Se~ices Department · Planning Department · Roads Department 862-8800 ~ 2700 'M" STREET, SUITE 350 Option 5 ~ BAKERSFIELD. CA 93301-2370 Fax: (805) 862-8801 'I-FY Relay: (800) 735-2929 e-mail: rma@kerncounty, corn June 30, 1998 Raul M. Rojas, Director City of Bakersfield Public Works Department 1501 Truxtun Avenue ....... Bakersfield CA 93301 Re: County Service Area 71 Dear Mr. Rojas: The County is in receipt of your letter of May 18, 1998 requesting the County to pay $5,097,325 toward the construction cost of the Allen Road and Buena Vista II sewer trunk lines. We are currently reviewing the data which your office had forwarded to us to justify the actual percentage of the costs which County residents are at this time responsible for. However, in the meantime, County Service Area 71 has $2.0 million available which we are recommending that the Board of Supervisors advance to the City to reduce the cost to County residents desiring to connect to your sewer system, in accordance with our agreement. The Board should consider the transfer of these funds during the County's budget headngs scheduled for the week of August 3, 1998. The funds transfer to the City should occur two weeks after the Board approves the budget. As we continue to indicate, the County is dedicated to upholding its contractual obligations as outlined in our County Service Area 71 agreement with you. As it becomes feasible, the County will work toward forming assessment districts or other financial mechanisms available to the County to connect the planned County areas to your sewer system. We look forward to the completion of the construction of these facilities. They will finally provide our community the necessary facilities to connect many of the homes in the Rosedale area to public sewers. If you have any question regarding this matter please don't hesitate to call me at 862-8802 or Chuck Lackey at 862-5095. Sincerely, David Price III Director C. ~ - ES~ Printed on Recycled Paper ADMINISTRATIVE REPORT I I MEETING DATE: July 15, 1998 I AGENDA SECTION: Hea,r'ings I ITEM: 9.c.2. TO: Honorable Mayor and City Council APPROVED FROM: Robert M. Sherfy, Chief Assistant City Attorney DEPARTMENT HEAD DATE: July 7, 1998 CITY ATTORNEY'/~/,//-~ CITY MANAGER_~~__ SUBJECT: An Ordinance amending Chapter 9.16 of the Bakersfield Municipal Code relating to drinking on the street. RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: This ordinance will amend Chapter 9.16 of the Bakersfield Municipal Code relating to possessing or drinking alcoholic beverages on the public right-of-way. This ordinance must be adopted if Chapter 12.20 is amended to allow downtown businesses to serve alcoholic beverages in encroachment areas. If the City Coundl derides to reject a change to Chapter 12.20 relating to encroachments and the service of alcoholic beverages therein, Chapter 9.16 should remain unchanged. JL15:CA:HRG dlr R~rink'OrdAdmin.wpd July 7, 1998, 3:43PM ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9.16 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO DRINKING ON THE STREET. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 9.16.010 of the Bakersfield Municipal Code is hereby amended to read as follows: 9.16.010 Prohibited. Except as otherwise allowed by Chapter 12.20 of the Bakersfield Municipal Code, no person shall drink any beer, wine, or any other alcoholic beverage on any street, sidewalk, pedestrian mall, alley, or highway in the City. (Prior code § 10.70.010). SECTION 2. Section 9.16.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 9.16.020 Open Containers Except as otherwise allowed by Chapter 12.20 of the Bakersfield Municipal Code, no person shall have in his possession an open container containing an alcoholic beverage on any street, sidewalk, pedestrian mall, alley, or highway in the City. (Prior code § 10.70.015). SECTION 3. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .............. o0o .............. -- Page 1 of 2 Pages -- B A K E R S F I E L'D CALIFORNIA ~ February 4, 1998 CITY COUNCIL Bob Price Mr. David Strong, Field Representative Mayor Supervisor Pete Parra's Office 1115 Truxtun Avenue, Room 505 Randy Rowles Bakersfield, CA 93301 Vice. Mayor Ward5 Dear Mr. Strong: Irma Carson Wardl This is just a short note to thank you for your comments regarding the Patricia DeMond establishment of new redevelopment areas, at the February 2"d Budget Wa~d~ and Finance Committee meeting. I want to personally assure you that your participation at the Committee level is very much appreciated and Patricia Smith any comments and/or suggestions you may have contributed will be Wards taken into consideration by the Committee. Kevin McDermott Ward4 The citizens of Bakersfield are encouraged to take advantage of all the opportunities available to address the City Council whenever possible, JacqUieward6Suilivan whether it be at a Council Committee meeting or the regular City Council meetings held in the Council Chamber. Mark Salvaggio Ward7 On behalf of my fellow Committee members, I again extend my thanks. Please do not hesitate to contact me at 326-3767 if you have any further concerns. Sincerely, Chairperson, Budget and Finance Committee RR:jp 1501 Truxtun Avenue · Bakersfield, California 93301 · (805) 326-3767 · Fax (805) 323-3780 BAKERSFIELD CALIFORNIA ~'~ January 7, 1998 CITY COUNCIL Bob Price Girish Patel, M.D. Mayor Save Our Sign Foundation 1817 Truxtun Avenue Randy Rowles Bakersfield, CA 93301 Vice-Mayor Ward5 Dear Dr. Patel: Irma Carson Wardl This is just a short note to thank you for your comments regarding the Patricia DeMond Bakersfield pedestrian overcrossing/sign at the January 5t" Budget and wa,-d.2 Finance Committee meeting. I want to personally assure you that your participation at the Committee level is very much appreciated and any Patricia Smith comments and/or suggestions you may have contributed will be taken Ward3 into consideration by the Committee. Kevin McDermott Ward4 The citizens of Bakersfield are encouraged to take advantage of all the opportunities available to address the City Council whenever possible, Jacquie Sullivan Ward6 whether it be at a Council Committee meeting or the regular City Council meetings held in the Council Chamber. Mark Saivaggio Ward7 On behalf of my fellow Committee members, I again extend my thanks. Please do not hesitate to contact me at 326-3767 if you have any further concerns. Sincerely, Ran~d~s Vice Mayor and Councilmember Chairperson, Budget and Finance Committee RR:jp F LE COPY 1501 Truxtun Avenue · Bakersfield, California 93301 · (805) 326-3767 · Fax (805) 323-3780 Terrie Stoller Public Relations 441 Vineland Road Bakersfield, CA 93307 805-363-VINE FAX 805-366-4251 J£c,c,~ t BAKERSFIELD City Manager's Office 1501 Truxtun Avenue · Bakersfield · California · 93301 lIS. H_AR~ C. FALLGATTER VICE PRESIDiO-T, CORPORATE & REGULATORY AFFAIRS ~ INC. 4042 PATTON WAY BAKERSFIELD, CA 93308 BAKERSFIELD City Manager's Office 1501 Truxtun Avenue · Bakersfield · California · 93301 MS RENEE NELSON 3028 ALTA VISTA BAKERSFIELD CA 93305 B :A .K:~ E~R S F I E L D · '- : City Manager's Office 1501 Truxtun Avenue · Bakersfield · California · 93301 TERRIE STOLLER 441 VINELAND ROAD BAKERSFIELD, CA 93307 BAKERSFIELD City Manager's Office 1501 Truxtun Avenue · Bakersfield · California · 93301 ROGER MclNTOSH MARTIN - MclNTOSH 2001W-HEELAN COURT BAKERSFIELD, CA 93309 WORK REQUEST PAGE 1 REQ/JOB: WF0012320 / 001 PROJECT: DATE PRINTED: 12~09~9 6 CREW: REQUEST DATE: 12/04/96 SCHEDULE DATES START: ±z~04/96 LOCATION: -" COMPLETION: 12/16/96 GEN. LOC: WARD7 ...... --~ FACILITY NODES -' FROM: FACILITY ID: TO: REF NBR: HRG 9. s. REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: REFERRAL - SALVAGGIO ORIGIN: CITY COUNCIL REFERRAL WORK TYPE: REFERRAL DESCRIPTION: TRANSPORTATION IMPACT FEE/LARGE RETAIL REQUEST COMMENTS ***REFERRAL TO URBAN DEVELOPMENT COMM - WAITERS*** SALVAGGIO REFERRED THE ISSUE OF THE TRANSPORTATION IMPACT FEE FOR LARGE RETAIL TO URBAN DEVELOPMENT COMMITTEE FOR REVIEW. JOB ORDER DESCRIPTION: TRANSPORTATION IMPACT FEE/LARGE RETAIL Category: URBAN DEVELOPMENT COM TASK: RESPONSE TO REFERRAL ASSIGNED DEPARTMENT: URBAN DEVELOPMENT COM START DATE __/__/__ COMPLETION DATE / / BAKERSFIELD, CA · IRVINE, CA FONTANA, CA · TULSA, OK · QUINTO ECUADOR MARTHA C. FALLGATTER ViceBake~sfield,Presidentcaliforn~a Corporate & Regulatory Affairs 4042 Patton Way · 93308 Phone (805) 587-2304 · FAX (805) $87-2334 ;/-,.-. f' June 22, 1998 NUMBER OF PAGES INCLUDING COVER SHE~ URBAN DEVELOPMENT COMMITTEE - ENCROACHMENT ISSU~122/98 Bob Clerico, 2301 University, Bakemfield, CA 93306 -A-,~Cr FAX FROM THE CITY MANAGER'S OFFICE, PHONE 326-3751