HomeMy WebLinkAbout08/22/1991 B A K E R S F I E L D
Ken Peterson, Chair
Kevin McDermott
Patricia M. Smith
Jack Hardisty (Staff)
AGENDA
URBAN DEVELOPMENT COMMITTEE
MEETING
Thursday, August 22, 1991
12:00 noon
City Manager's Conference Room
1. Golden Empire Transit- Transfer Station at Valley Plaza (Ed Schulz)
2. Parking CommerCial Vehicles in Residential Zones and Fines (Jack Hardisty)
3. Temporary Promotional Activities Ordinance (Bill Descary)
4. Push Cart Vendors Ordinance - (Bill Descary)[Henry Miller, vendor] 1:30 pm
5. Appointed Boards and Commissions
6. Block Party Fees and Permits (Lieutenant Moesta)
7. Golf Course Proposal (Gregory Klimko)
8. Fire Works and Drought (Steve Johnson/Fire Marshal Larry Toler)
GITY M~NA~lS~S OFFIG5
Mr. Ken Pe~e~on, Chai~
Urban Deve~pment Committee ~.~ .... ,
Bakersfi~/~d City Council
6501 Bridgeport Lane
Ba/~field, CA 93309
Dear Ken:
On July 17, 1991, the Bakersfield City Council denied the
District's request for an encroachment permit to construct
a transfer facility on Hughes Lane, adjacent to the Valley
Plaza Shopping Center. Instead, the Council referred the
matter to the Urban Development Committee to work out a
satisfactory compromise between the District and Valley
PlaZa to construct a transfer facility on the mall
property.
I wholeheartedly support the Council's action in this
matter. I feel that the Council's right to review and
approve future Valley Plaza activities provides the
leverage necessary to resolve this matter. The District's
Board of Directors and staff will assist your committee in
any way that we can.
I feel that it is extremely important, however, that we do
not overlook the needs and concerns of transit users in our
attempt to resolve this matter. The location .that is
finally selected as the site for the Valley Plaza Transfer
Facility must be safe and convenient for transit users. In
addition,~ -t-he site must be located in a manner- which .....
enables buses to safely access the site, board and deboard
passengers, and resume their route without excessive time
delays which will disrupt the District's timed transfer
system.
The District's Board of Directors and staff are available
to meet with the Urban Development Committee at your
earliest convenience to discuss this matter.
Sincerely,
Steve Ruggenberg
General Manager
SR:ces
1830 Golden State Avenue Bakersfield, California 93301 (805) 324-9874 FAX (805) 324-7849
DRAFT
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION
10.32.140 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO PARKING OF COMMERCIAL
VEHICLES IN RESIDENTIAL DISTRICTS.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Section 10.32.140 of ~he Bakersfield Municipal Code is
hereby amended to read as follows:
10.32.140 Parking of commercial vehicles prohibited in
residential districts.
A. It shall be unlawful, except as provided in
subsection B. of this section, for any person to park or to leave
standing in a residential district any commercial vehicle having
a manufacturer's gross vehicle weight rating of twelve thousand
pounds or more.
B. 'The prohibition set forth in subsection A. of this
section shall not apply to any commercial vehicle making pickups
or deliveries of goods, wares and merchandise from or to any
building or structure located on a restricted street or delivering
materials to be used in the actual and bona fide repair,
alteration, remodeling or construction of any building or
structure for which a building permit has been obtained prior to
such delivery.
C. For purposes of this section, "residential district"
means any property located in any R-1 (One Family Dwelling) Zone.,
any R.S. (Residential Suburban) Zone, any R-2 (Limited Multiple-
Family Dwelling) Zone, any R-3 (Limited'Multiple-Family Dwelling)
Zone, any R-4 (Multiple-Family Dwelling) Zone, any R.H.
(Residential Holding) Zone, any E (Estate) Zone, and any P.U.D.
(Planned Unit Development) Zone, in accordance with Title 17 of
this code. The prohibition set forth in subsection A. of this
section shall apply to commercial vehicles of the specified weight
or greater parking on streets adjacent to and on the same side of
the street as such residential district.
D. Any person violating the provisions of this section
shall be guilty of an infraction and upon conviction thereof shall
be punishable by:
1. A fine not exceeding one hundred dollars for a
first violation in any one year period; and
2. A fine not exceeding three hundred dollars for
a second violation within one year; and
3. A fine not exceeding five hundred dollars.for
each additional violation within one year.
SECTION 2.
This Ordinance shall be posted in accordance 'with the
Bakersfield Municipal Code and shall become effective thirty (30)
days from and after the date of its passage.
o0o
_2_
I HE~RRy 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
VEH-PARK.O-4
8/21/91
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17.08.250--17.08.260
~nder the circumstances of each case, \ existing oil well or water well
lvide for the public safety and welfare, of a derrick in excess of the height
The granting with conditions set in Sections 17.08.200 through
application for approval shall be ti°n. board shall have the authority
within ten days after the decision the or to appeal to the ouncil,
the applicant or other person . approval the redrilling applier Upon
therefrom in writing to the city )uncil application the interested perso
by ;such appeal to the city . (Pr/or C. Such )val shall be when
code § .52.250(E)). it if is neCessary to
recover a sut and that
17~( Locational on the redrilling is public interest. In
wells or testing holes uses the event such board approval for Such
t erected, redrilling requirin: if a derrick in excess
installedBRedrill of the said height it shall impose
A. any of the uses in Section appropriate and which,
17.08.220 been erected. :onstructed or under' will further
installed ~'ffective ,f the ordinance provide for safety.
codified in s this sec- D. The with cohditions denial
tion and are fifty feet from of an ap~ for approval shall 't~ final
the center of the well or unless w//tl ten days after the decisionh~xf the
testing hole, or m: ~nce, oil operation, boardzAh, e applicant or other person aggrie'V~d,
redrilling, rework, or work involving the appj~ls therefrom in writing to the city counbi~
use of a derrick shall on any exist- by/presenting such appeal to the city clerk. (Pfior~
lng oil well, testing ~r water well, unless the j/ode § 17.52.250(F)).
following conditions restrictions are saris-
/
fled: , 17.08.260 Temporary promotional activities.
1. Permanent and used A. Notwithstanding anv other provision of
for steadying and. o such derrick with this title, temporary, promotional activities may
guys; be permitted in any nonresidential zone by per-
2. The hei derric in use is a mini- mit issued by the planning director.
mum of five ~aration B. The planning director shall determine the
well and any use in Section information to be provided in each application
17.08.220; for a temporary promotional activity permit and
3. When height of the in use may condition each such permit as he deems
t feet, such hell . not exceed appropriate in furtherance of the purposes of this
seventy-fi' of the distancean title and the public health and safety. The coun-
oil, well, hole or water well any use cil, by resolution, shall set the fee to be paid for
listed__in. ;ection 17.08.220; processing each such application.
4.
O/~, in the case of an approval ~ted by C. All such conditions shall be set forth in
'the bo/fird of zoning adjustment, in the ~anner writing on the permit and the permit shall be
and ~]n accordance with the conditi a~and displayed in public view upon the premises of the
rest~ictions determined by such board. ~ temporary promotional activity.
~. Notwithstanding an,vlhing to the ~ntt~ D. Violation of any such condition shall con-
c~/ntained in Sections 17.08.200 through this sir- stitute a violation of the mandatory require-
from application may be made to the board ~ t ments of this title and shall constitute grounds for
oning-~djustment for approval of the redrillin!
571 (Bakersfield 9-89)
17.10.010--17.10.020
immediate rescission of the permit. (Ord. 29,88 § E. Home occupations, when application
2, 1985). occupation permit has been made to
ning department of the city on .s
by the planning commission,
Chapter 17.10 has been approved by the
< ~ de the home occupation
1 ONE-FAMILY DWELLING be the department if the use
com in all respects with the of
such e' occupation set forth
Generally. 17.04.330
17.11 ~20 Uses permitted. E pools and hot tubs:
~5 Uses permitted sub o G. and SectiOn
conditional use permi 17.04.305;
Building height. H. Drilling gas and
17.1{ Front yard. other )n substances the installa-
17.10.050 Side yards, tion and of buildings,.,
17.10.060 yard. apparatus and thereto,
17.10.070 iinimum lot provided that all installations and
17.10.080 buildings on operations are co within the state-
lot. approved Kern River or Kern
Bluffoil fields as Maps 439 and 457of
17.10.010 the division of oil and ~. Activities conducted
The regulations in this chapter shall pursuant to this n shall conform to the
apply in the R-I dwelling zone unless req specified in subsec-
otherwise provided in title. (Prior 'code § tion (B)(ll) of 56.020 except those
17.13.010). specified in subsecti~ )(g) thereof;
I. Real estate A sales office
17.10.020 Uses p, shall be used only the inal sales of the
The following are rmitted in an R-1 lots and/or .within subdivision in
zone: · which it sales located in the
A. A ~ dwelling; garage residence be removed
B. Az >uildings or lctures, includ- and a garage. A perfo surety
lng a private the area of ~hich shall not bond, in an determined building .
exceed of the area )f the lot; director for conversic sales office
C. )uses and cultural col- to a reside with garage, shall be the
lections, and vegetable ts and fruit building ( .rector before any. such office
trees, not or intended for :rcial pur- for busi~ :ss.
poses: J. family day care homes, as
D.. a dwelling exists, prior pas- in .on 17.04.160, and which comply th the
sage of on the rear half of the and at re; set forth in the Califomia
least., venty-five feet back of the front lot an Car Act of the Health and Safety )de
addi dwelling may be and 1596.70 et seq.). (Ord. 3226 § 3,
on the front half of said ,~,~,\the 3087 § 1, 1987: Ord. 2985 § 1, 1985: O:
hc ~se on the rear half of the lot will be used o~ly § 1, 1982: prior code § 17.13.020).
f n accessory, building or guesthouse and not ~,o
: used contrarv to the provisions of an R- 1 zone~k
(Bakersfield 9-89) 572
8/22/91
ORDINANCE NO.
AN ORDINANCE REPEALING SECTION
17.08.260 AND ADDING CHAPTER 5.51 TO
THE BAKERSFIELD MUNICIPAL-CODE
RELATINGTO TEHPORARY PROMOTIONAL
ACTIVITIES.
BE IT ORDAINED by the Council of the City of
Bakersfield as :follows:
SECTION 1.
Section 17.08.260 of the Bakersfield Municipal Code is
hereby repealed.
SECTION 2.
~Chapter 5.51 of the Bakersfield Municipal Code is
hereby amended 'to .read as follows:
Chapter 5.51
TEMPORARY PROMOTIONAL AUT~ViT~ES
Sections:
5.5'1.010 Definitions.
5.51.020 Permit required.
5.51.030 Application- Issuance ~ Fee.
5.51.040 Regulations.
5.51.050 Revocation.
5.51.060 Appeal.
5.51.010 Definitions.
Whenever used in this chapter, unless a different
meaning clearly appears from the context, the words set out in
this section shall have the following meanings:
A. "Person" means any individual, partnership,
corporation or association of any nature whatsoever.
· B. "Temporary business" means any business conducted
entirely independently from a structure upon a permanent
foundation in accordance with the requirements of Chapter 15.12
of this code.
C, ,'Temporary promotional activities" means any
temporary business of selling pumpkins, Christmas trees. It-also
means any temporary business offering, small-scale entertainment
on any property within the city. "Temporary promotional
activities" does not include any business occupying a structure
upon a permanent foundation constructed in accordance with the
requirements of Chapter 15.12 of this code, any farmers' market
certified by the Kern County agricultural commissioner, any
seller off.fireworks, any food vendor operating a pushcart on a
sidewalk as permitted in Chapter 5.45 of this title,- or any
occasional sales of beverages or foodstuffs by persons under the
age of fifteen years adjacent to the residence of'the person
involved in such sales.
5.51.020 Permit required.
A. It is unlawful for any person to operate, maintain
or conduct any temporary promotional activities in the cityin
violation of this chapter, or without having first procured and
maintained a valid permit from the city manager or his designee.
B. No person shall be'relieved from compliance with
the provisions of this chapter merely by reason of association
· temporarily with any local dealer, trader, merchant or
auctioneer, or by conducting such temporary 'promotional
activities in connection with, as a part of, or in the name of
any 'local dealer, trader, merchant or auctioneer.
5.5'1.030 Application - Issuance - Fee.
A. Applications for permits under this section shall
be made on forms to be furnished by the city manager or his
designee, shall be submitted no less than fourteen days prior to
commencement of theactivity, shall be signed under penalty of
perjury by the applicant and shall require the following
information:
1. The name, mailing address, title, telephone
number, previously used names, date of birth, sex, height,
weight, eye color, hair color, driver's license number and social
security number of the applicant and ofthe persons having the
management or supervision of applicant's activit~ during the time
that it is proposed to be carried on in the city;
2. Prior permits held and whether'such permits
were ever revoked or suspended and the reasons therefor;
- 2 -
3. The name, location and description of the type
of the activity, and the length of time during which it is
proposed that such activity shall be conducted;'and
4. The business tax certificate number of the
business operating the activity.
B. The application shall be accompanied by the
following documents:
1. A plot plan drawn to scale, Showing the
.location of utilities, improved parking areas, location of
permanent and temporary structures, curb cuts and/or driveways
and identifying the nearest available source of potable water,
sanitary 'facilities, and fire hydrants;
2. A written authorization from the owner of the
location or person in lawful possession thereof, if other than
the applicant, .for the locating of the activity upon his or her
property.
3. Cash bond in the sum of two hundred dollars, to
be forfeited to the city in the event the permittee fails to
.remove all merchandise, equipment and rubbish from the premises
upon which the activity is located before .5:00 P.M..on the day
after the expiration date of the permit. The cash bond shall be
returned 'to the applicant ~upon-full performance of the
requirements.of this chapter.
4. EvidenCe, satisfactory to the city manager or
his designee, of (1) general liabilityinsurance providing
coverage on an occurrence basis for bodily injury, including
death of one or more persons, property damage and personal
injury, with limits as required by the city; .and (2) workers'
compensation, with statutory limits and employers liability
insurance with limits as required by the city. All policies
required of the applicant hereunder shall be primary insurance as
to the city, its mayor, council, officers, agents, employees and
volunteers and any insurance or self-insurance maintained by the
city, 'its mayor, council, officers, agents, employees and
volunteers Shall be considered excess insurance, over and above
the applicant's insurance and shall not contribute with it. The
applicants shall save, hold harmless and indemnify the city, its
officer, agents, employees and volunteers from all claims,
demands, damages, judgments, costs or expenses in-law or equity
that may at any time arise from or is any way related to any work
performed by applicant, his agents or employees under the terms
of any permit issued under this chapter.
C. The city manager or his designee shall, in his
discretion, issue a Permit if he finds:
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1. That the application is complete and truthful;
2. The activity for which the application is made
will be maintained and conducted in accordance with all laws of
the'city and the state.
3. That operation of such activity at such
location will not present any substantial hazard to vehicular or
pedestrian traffic.
4. That parking adequate for ~the purposes of the
activity exists at the proposed location. The provisions of
Chapter 17.58 of this Code may be waived if it is determined by
the planning director that parking will be adequate during the
period in which the temporary promotional activities will take
place.
5. That a valid business tax certificate has been
issued for this business.
6. That the applicant has not had a permit, issued
under this section, revoked, unless the city manager finds that
the reasons for such revocation are unrelated to this
application.
7. That the applicant is sufficiently insured.
C. The city manager or his designee shall, in his
discretion, determine the dates during which the permitshall be
valid, not to'exceed five weeks. Such dates shall be listed on
the.permit.
D. All permits issued under this chapter shall be
valid only as to the dates and times listed on the permit, unless
a prior date is specified, or unless earlier suspended or
revoked.
E. The applicant shall pay a fee not to exceed the
cost of processing any such application and inspecting such
business as set forth in 'Section 3.70.040.
F. Permits may be issued with conditions to ensure-
that the business will be operated in a safe and legal manner,
will not disturb the peace and quiet of the neighborhoodand will
not constitute an undue burden on city resources.-
- 4 -
5.51.040 Regulations.
A. No permitholder shall shout, make any outcry, blow
a horn, ring a bell or use any other sound device including any
loudspeaker, radio or amplifying system where sound of sufficient
volume is emitted or produced therefrom capable of being plainly
heard upon the streets, alleys, parks or other public places.
B. Any permit issued pursuant to this chapter shall be
non-transferrable, and.~shall.be valid only as to the applicant
and .location provided on the application for such permit.
C. Except as expressly permitted by and in accordance
with the provisions of Chapter 12.44 of this code, the sale,
offer 'to sell, advertising or'display of merchandise on any
street or sidewalk in the city is prohibited.
D. Promotional activities shall be permitted only in a
C-1 zoning district or a zoning district less restrictive than
C-l, unless located upon property owned and occupied by a church
and/or school, which church or school is either a legal or legal
nonconforming use of such property, and the promotional activity
is located no less than three hundred feet (300~) from the
property line of any residence.
2. An electrical permit must be obtained from the city
building department prior to any electrical work.
F. If a toilet .is not immediately available during all
open or sale hours of the temporary promotional activities, then
an approved chemical one must be provided.
G. Ail permits must be posted .in a conspicuous place.
H. The permittee shall strictly comply with all state
and local law.
I. All merchandise and equipment must be removed from
the temporary location by noon on the day after the date the
permit expires, and all accompanying litter shall be cleared from
said location on or before said time.
5.51.050 'RevoCation.
Any permit issued pursuant to this chapter shall be
immediately revoked by the city manager whenever he finds:
A. That misrepresentations were made on the'
application; or
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B. That any of the terms or conditions of said permit
have been violated, or that the business has been operated in
violation of local, state or federal law.
5.51.060 ApDeal.
A. Should any applicant be dissatisfied with the
decision of the city manager or his designee not to grant a
~ermit or to revoke a permit, then said applicant may, no .later
than ten days after notice of such decision is deposited in the
United States mail, addressed to the applicant or permittee at
the address provided on the application, make written objection
to the city council setting forth the grounds for
dissatisfaction, whereupon the council shall hear said objections
at a regular meeting no later than three weeks following the
filing of the objection with the city clerk. The applicant shall
be given written notice no less than three days prior ~to said
hearing. The council may, upon said hearing, sustain, suspend or
overrule the decision of the city manager or his designee, which
decision shall be final and conclusive.
B. Pending the hearing before the council,, the
decision of the city manager shall remain in full force and
effect and any reversal thereof by the city council shall not be
retroactive but shall take effect as of the date of the council's
decision.
SECTION 3.
This Ordinance shall be posted in accordance with the
Bakersfield Municipal Code and shall become effective thirty (30)
days from and after the date of its passage.
o0o
- 6 -
I 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. ~DERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
LCM/meg
BUS-ORD\
PROMO.ORD
8/22/91
- 7 -
June.28, 1991
Dear Mr.~ SDescary,
I am afraid that when I discussed the sidewalk vendor issue
with you yesterday I did not'do a very good'job of explaining
what I consider to be the~major-issue._ ·
'Let me try another approach:
~Initally, when this ordinance was formulated, the major concern
was that the ordinance should be written..so as to protect
a permenant'business that was retailing food to the general
public by preventing a congregation of sidewalk vendors at
the entrance of that business. Ergo, the restriction that
the vendor could not be closer than 100 feet to that business
entrance.
Let's take a fairly typical example of this, We'll use Vendor
A and Vendor B to illustrate:
Example-#1
q~.~. ~ : O~u~o~ ~
(~.--"------"-'--' lOOt
Dj to' ~[,~------ too ~ ~ ~
Example #2
Example ~3
o
'Example #1 is correctly applied and'meets the intent of the
ordinance. Examplo ~2 and ~3 defeat tho primary purpose of
the ordinance alghou~h it ~s in c0mpliance with another provision
and a permit would not Be ~ssued under these c~rcumstancos,
especially When Vedor A had tried to comply not only with
the letter of the ordinance but also with the spirit of it.
Therefore, I believe this same consideration should be applied
to the situation at the County Administration Building.
Example #4
!
£
Further, one might consider that since the City only has
~jurisdiction over the sidewalk, for all intents and purposes,the
distances should apply to the dotted line which I have indicated,
regardless of how far back the building is from the sidewalk.
Sincerly,
Henry Miller
12.40.120--12.44.031
Ailanthus .tree, commonly known as tree of vendingmachines and any farmers,market.cer.
heaven within said .city. (Oral J2738 § 1, 1982: tiffed by the Kerll County agricultth-al commi~
l~ior code § 12.36.120). sioner may be allowed upon such streets or
sidewalks as designated by' the public Works
12.40.120 Violation.--Penalty. director.after obtaining an encroachment 'I~'-
A. Any person, firm or corporation violating mit. (Ord. 2932 § 1, 1984: l~rior code § 10~24.010).
any of the provisions of this chalxer-shall be :~ .......
guilty ora mi-vt _~neanor,.and upon conviction of-::"-~--?-'12.44.020:~:'Unlawfifl to use for 'PaCid~
any such violation such person, firm. orcorpom~~:' ~-~.. ~-~ ............. '-unPacking mer~h~na~ed ........... - ......
tion shall be punishable by a fine of not more .It is unlawfifl for any person, firm or corpora.
than three 'hundred dollars or by imprisonment tion to-pack or unpack, or to cause or l:~'mit
in.the county jail fOr~a period'not-exceeding be packed or unpacked any goods, waresormer.
ninety.days, or by both such fine and imlxison- chandise in or upon any public street or sidewalk
ment. described in Section 12.44.010. (Prior code §
B. ;Every .-suCh 'person, firm-or corporation I0;24.020).
shall be deemed guilty ora Selmmte offense for '
each and every day during which or during any 12.44.030 Special permit for disl~lay~
portion of which, any of the provisions of this . 'Limitations.
· chal~ter is violated and shall be punishable there- Al .'Persons,- firms or corpomtiom, .having a
for as provided in subsection A of this section."' - :'fixed place .of,business within .the city or non-
(Prior code § 12.36.130); 'In'ofit organimtions for promotional,events on
behaifoftbeir organizations, upon application to
'the city manager, may obtain a permit to display
Chapter 12~44
merchanclise upon the sidewalk immediately in
BUSINESS USE OF SIDEWALKS frontofthe fixed place ofbusiness, or in the case
of nonprofit organizations at a place designated
.Sections: by the city mnn~ger.
B. Said permit shall contain such conditions
12.44.010 Unlawful to use for display or
storage of merchandise, as the city 'manager may impose with.respect to
12.44.020 Unlawful to use for packing or traffic and pedestrian travel on !he streets and
unpacking merchandise, sidewalks in the vicinity of said display.
12.44.030 Special permit for display~ C. No such l~.'nnits shall be issued in excess o£
Limitations. three ~r year and no such permit shall be vaild
12.44.031 · Special permits for downtown for a period of time in excess of seventy-two
promotiom, hours for any person, fh'm, co~omtion or non-
12.44.035 Food-vendors operating l~rofit organization. (Ord..2661 § I, 1981: prior
pushcarts, code § 10.24.025).
12.44.040 Violation---Penalty. _
12.44.031 Special permits for downtown
12.44.010 Unlawful to use for display or promotions.
storage of merchandise. A. Thc downtown business association, upon
Except as provided hereinafter, it is unlawful application to thc city manager, may obtain a
for any person, f'h"m, or corlvomtion to use the permit to allow the sale and display of merchan,
public streets or sidewalks of the city, or any disc upon su-eets and sidewalks within the area
portion t. hereof, for the display for sale of mcr- bounded by Truxtun Avenue on the south,"H"
chandise, or other articles, except that newspaper '-
412-I ~ 8atemielcl 6-89)
12.44.035
Street on the west, 22nd street on the north and 3. Whether apphcant has ever operated in'the '
"M" Street on the east. city under a prior permit;
B. Application forsaid permit shall be filed at -4. Whether.any prior-permit has been
least twenty days before the planned event and revoked;
shallindicate the streets that the downtown busi- ' 5. If the pushcan is to be stationary, the exact
:ness .association requests to be closed, and the location where the pushcart .w/Il be situated;
--period of.time of closure;, and at least fourteen ---,6. ~ ifthe pushcart is to be mobile,'the proposed ---
' days before the event;'theappllcant'shalllm)vide: .~.~?areas within which the pushcart will be ~Operated;
-the names of the persons, organizations and/or '7. Whether applicant has received health
· businesses that will be participating in any sale ordeparllnent approval for this operation;
-promotion,· .and proof of-insurance .in the . 8. The name of the operawr of each retail
amount of one million dollars, naming the city as business ~and the .name of each.such business
an additional insured. ,In addition,-:the down- within fit~ feet in either direction .and on-the
town business association shall be responsible for 'same.side of the. street as the proposed location;
all costs incurred by the city in connection with 9. Approval of such location signed, by the
'the street closures, operator of each retail business within fifty feet in
C. The city manager shall reviewtheapplica, either direction, . and. on : the . same side of the
fion forsuch permit andmay deny:the permit or street, :from the lXOposed location;
impose restrictions and condifions that he deems ' '10..Such other ·information .as .may be
,appropriate 'to create 'the least disruption of :required by the city managerand specified on-the
· vehicular and pedeslxi~..traffic within-the down- ·';application form; .
town area, ~and .to establish the,charges 'for the 11. '.,The prescribed :applicafion processing fee.
-necessary city services. C. If'the :application does not include the
D. A maximum of twelve ~permits 'may be signed :approvals .required in subsection B9 of
issued in any calendar year;, -provided, that no this section, the city manager or his/her designee
.more than two permits may ~be issued in any shall, within ten days of receipt of the applica-
calendar :month. No permit.shall be valid for a tion, set a hearing upon the application. The city
period in excess of eight hours. (Ord. 3184 § 1, manager or his/her designee shall by mail notif3r
1988; Ord. 3069 § I, 1986; Ord. 3022 § 1, 1986). the applicant and each business operator whose
· approval was not obtained of the time and place
12.44.035 i Food vendors operating pushcarts, ofsuch hearing, which shall be not less than five
A. 'With the exception oftheprovisions of this days after the date such notices are mailed. At
section, the provisions of this chapter shall not such hearing any operator of any such business
applyto any food vendoroperafingapushcan on may address, '. and the applicant may respond as
a city sidewalk, Any SUch vendor shall first obtain '.to, the criteria set forth.in subsections D! through
a permit from the city manager or his designee. D7 of this section. Within five business daYs of
B. ,An applicant for a food vendor permit or conclusion of the heating, a written decision
for renewal of such a permit shall submit his/her shall be mailed to the applicant and to the oper-
application to the city manager or his/her ator of any business testifying at such hearing
designee on forms to be furnished by the city. D. The city manager or his/her designee, in
.Such an application shall contain the following: deciding whetherto issue or renew such a permit,
1. Name~ residential address and telephone whether a heating is required or not, shall con-
number of applicant; sider the following criteria'
2. Name, address and telephone number of 1. The width of the sidewalk and the size of the
the business; pushcart;
(Bakersii¢ld 6-89) 412-2
12.44.040
2. Pedesn'/an ttaffic on the sidewalk; .- .... within- the location designated on the permit,'
'3. Potently! safety b~-~rds; failure to maintain health department approval,
.4. Potential obstruction of motorist vision failure to display-all permits as nxluired in thi.~
near in--ohs; section, failure to comply withall conditions of
5.~:Wheth~,~,he~01x~ location will create~, the permit' failure tokeep the sidewalk and gut-
an-:unreasonable ~hardship-for-any adjacent or mr along the entire .block where the pushcart is
.-neighborin~gi~~ ' located free of litter associated with:such-push-
6. Whether apphcant ever.had;such :a-permit: ~-~ 'cart-operafion;~and failure to-obey all' lawswhile':
revoked; -' ' operating a-pushcart 'permit~ni by'this section
7. Whether applicant has health department may result in revocafionofthe permit by the city
appwval, manager or his/her designee.
No such permit shall be issued or renewed for I. Revocation of a permit may be appealed to
any location within one hundred feet walking, the city council nO later than five days aftersuch
distance of an entrance to any restaurant or other revocation by delivery of such'appeal in writing
.establishment selling prepared food to the public to the city clerk. The decision of the council shall
or within such distance of any location specified be final,
in ~a prior permit issued .under this section; no J. All permits shall expire each June 30th.and'
vendor whose 'permit specifies an area within ~may be-renewed for a one-year period by the
which -the vendor may operate shall operate -process.set forth in this section. (Ord. 3209 § 1,
within one.hundred feet walking distance of.a 1989: Ord. 2847 §.1, 1983).
location specified in a permit issued anothersuch ~ --'. .
vendor. - 12.44.040 Violatio~Penalty.
E. Ifa permit is issued or renewed by;thecity . Any person, firm or corporation violating any
manager or-his/her designee, such permit shall of the:provisions of this chapter shall'be deemed
contain.the name of the permitholder, the name guilty ora misdemeanor, and .upon conviction
of the .business, the .'specific location or :area thereof, shall be punishable by a fine of not more
within which the permitholder may operate, and than three hundred dollam, or by imprisonment
such conditions as are imposed by the city man- in the city jail not more than ninety days, or by
ager or his/her designee, including conditions both such 'fine and imprisonment. (Prior code §
limiting signage. 10.24.030).
E The applicant and/or any business oper-
ator whose approval would otherwise have been
'required may appeal the decision to grant or to- Chapter 12.48
deny the permit, or to renew or deny renewal of
the 'permit, to the city council, provided such BENCHES
.appeal is in writing and is filed with the city clerk
within ten days of the mailing of the written. Sections:
decision. The decision of the council shall be 111.48.010 Defim'lions.
final. 12.48.020 PermittRequired.
G. Such permit and evidence of health 12.48.030 PermittApplicafionand
department approval must be displayed so as to issuance requirements--Fee--
be visible W all customers of the permitholder's Renewal.
business. 12.48.040'. Permit--Conditions for denial
H. Failure to provide accurate and complete or revocation.
information in the application, failure to remain
4 1 2-2a ~ Bakersfield 6-891
July 13, 1991
Mr. Bill Descary jULy5 7~,
Director of Finance
City of Bakersfield--,~
1501 Truxtun Avenue .. ~~
Bakersfield, Calif'ornia~ ~ -
Dear Mr~ Descary,
~I am writing you in regards to a situation which has developed
recently as it ~relates to 'my sidewalk vending operation.
As .you are aware, I have been operating my hot dog vending
cart at the same location for the last ~three years. During
that time ~I have developed a strong presence in the area and
have attempted to offer a convenient and pleasant service
-to the general public and workers in the area. On or about
June 1, 1991, another vendor set up operation .just 100 feet
from my location. Initially, I was not too concerned because
I thought an error had been make and that this permit was
nOt in compliance with City Ordinance 12.44..035. Subsequently,
when this situation continued, I discussed it with you and
Mrs. Moreno and was informed that the permit had been issued
in strict compliance with the letter of the ordinance. With
all due respect, although Mrs. Moreno is the author of this
ordinance, the way it is written is not in keeping with the
way it was explained to me or the City Council by the former
City Attorney and flies in the face of what I believe we all
believed was the intent and spirit of the ordinance.
In the six weeks that the other vendor has been on site, my
sales have declined by 4.7 and 50.6% respectively from sales
last year.
1990 1991
June~ $909 $866 down 4.7%
July $526 * $260 * down 50.6%
· 1/2 a month
This sharp decline 'is due to several factors. First, the
other vendor is situated directly in front of the County
Administration Building and is drawing away what previously
had been my "impulse purchasers". I might also add that I
believe this "line of sight" location has also negatively
impacted the handicapped vendor in the lobby of the County
Administration Building. (You may wish to verify this with
that vendor). Second, over the last three years I have built
up a clientele of workers in the vicinity but in the last
two weeks or so I have noticed a steady decline in the number
of these people who were'making regular purchases from me.
I asked some of my regular customers about this and was told
that they realize there is a conflict of interest between
the two vendors and rather than become involved in a controversy,
they are just staying away from both of us. ~I suppose I should
also Say at this point that up until now, there has been an
unspoken, but nonetheless understood, agreement among all
the other vendors that mwe would not "horn-in" on another vendor's
area and in this way.we would all.~contribute tom_creating_.a ...............
convenient and festive ~ambiance to' the downtown area. As ---~
I ~noted above, the granting of a permit to the other vendor
in such close proximity to my .location has created exactly
the opposite atmosphere. Third, because I use a special ordered
bun, which is baked-fresh daily, for my large hot dogs, Kosher
and Polish sausage, I have suffered exceptionally high losses
in waste. As an example, ~last week I had to throw 'away 12
dozen buns. At $2.12 a dozen', this represents a weekly iloss
of $25.44 which goes directly to the bottom line of my operation.
If this present situation of too many .vendors in too small
an area is allowed to continue, I will be forced out of business.
Therefore, I am reluctantly requesting that the renewal of
a permit for Harry's Hot Dogs, for 1991-1992, at his present
location be denied. I believe this ~request ~is .justified~under
12.44.035, paragraph D, number 5 in that the issuance of such
a permit is creating an unreasonable hardship for my business.
Thank you for your kind consideration and hope for a positive
response to my request.
SincerelY,
~ller
MEMORANDUM
August 14, 1991
TO: JACK HARDISTY, PLANNING DIRECTOR
FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST
SUBJECT: COUNCIL APPOINTMENTS
My review of information gathered on Council ~ppointments has t~,,~rned up a number
of interesting facts. It.appears that many cc~znmissions/bo~:-'ds and/or committees
were formed without thought for replacement of members. Some llave no stipulated
terms of office, procedures for removal, or even reappointrr,:~;nt (equating to lifetime
tenure). Others, such as the Civil Service Boards, have simitar provisions across the
three areas of authority, which should be encouraged. In another instance,
Municipal Code provisiens which no longer apply (such as the Board of Equalization,
Section 3.28.175 et. seq.) still remain in the Code and should 'be removed. A
concerted effort to "stagger" Council appointments has been made so that committee
and commission/board members are not all up for reappointment/replacement at the
same time, which is an excellent tool for ensuring continuity of information, stability
and policy over time.
Based on my review, it is recommended that the Municipal Code governing
appointments to various boards/commissions and/or committees be amended to
include the following:
A uniform nominating process be formed for all appointments
wherever possible with term expiration/renewal dates kept on file for
all appointments.
Replacements for unexpired terms represent the filling only of the
unexpired term of the retired/resigned/replaced member.
Conditions for removal from office should be included if at all possible
to eliminate "life" tenure for any individual, thereby guaranteeing the
· . influx of new thoughts and ideas.
A statement be added in the Municipal Code providing authority for
Council to make appointments for committees/task forces for
multipurpose, multijurisdictional reasons which necessitate the
appointment of persons other than city residents. This will most likely
require a clear definition of "committee" and '~ask force" as well as
"multipurpose, multijurisdictional reasons" to accommodate Section 43
of the City Charter that states: "Appointive officers, police officers and
Jack Hardisty, Planning Director
Council Appointments
Page 2
August 14, 1991
all members of any board or commission authorized by this Charter
and the City Council must be citizens of the United States, provided
that each member of any board or commission must also be a
resident of the City at the time of appointment. Residence
requirements for all other officers and employees of the City shall be
established by the City Council."
A clarification in the Municipal Code which delineates the difference
between "committees" and "task forces" as opposed to "boards and
commissions; i.e., committees and task forces formed for short-term,
special purpose issues with expected completion times, rather than on-
going "standing" committees which review a number of issues over
time.
Specify terms of office even when "serving at the pleasure of the
Council."
The following data includes only commissions/boards/committees/task forces for
which there are on-going "standing" committees. Special purpose committees, such
as Charter review, space needs, homeless task force, habitat conservation, and
unreinforced masonry, are not included even though they were appointed by
Council.
While a number of committee appointments are listed in the City Roster, others are
not included. The Clerk's Office has instituted a procedure of information gathering
for those that have come up for review. This is to be commended.
The following appointments are generally made by Council, either for the entire
"committee" or for Council-appointed representatives serving on a committee. (There
are a few "committees" which are included which are not appointed by the City
Council but which were felt to provide a historical point of reference.)
Brief comments have been made at the end of each section to clarify or add
information which may be helpful in reviewing the overall appointing policies.
Committees are listed in alphabetical order.
Jack Hardisty, Planning Director
Council Appointments
Page 3
August 14, 1991
Bakersfield Airpark Advisory Committee
Council Appointed Committee
# of Members: Seven
Term of Office: Two Years
Authority: Council approval, May 20, 1987
Comments: Council members have made appointments for four years rather
than two as was Council approved. There is a need to consider changing
appointment terms to two years for those existing members or officially making the
terms four years in length. Terms expired June 17, 1991 for some members.
Bakersfield Historic Preservation Commission
Council Appointed Committee
# of Members: Nine
Each Councilmember nominates One member
The Mayor nominates two members
Term of Office: Four Year Terms
Authority: Municipal Code 15.72.040
Comments: All nominees (both Council's and Mayor's) are appointed by the
City Council. All members shall be residents of the City. Members shall serve until
their successors are duly appointed and qualified. In the case of a vacancy, Council
shall appoint a new member to fill the unexpired term in accordance with Section
15.72.040 (A).
Jack Hardisty, Planning Director
Council Appointments
Page 4
August 14, 1991
Board of Buildin.q Appeals
Council Appointed Committee
# of Members: Seven
Term of Office: No term specified.
Authority: Municipal Code 15.04.120
Comments: All members are appointed by the City Council, and serve at the
pleasure of the Council. The Building Director is a non-voting, ex-officio member and
acts as secretary of the board.
Board of Equalization
State law gives counties authority to perform Board of Equalization functions.
The City should consider deleting relevant sections of the Municipal Code (3.28.175
et. seq.) which are no longer applicable. The City does not have a Board of
Equalization.
Board of Zoninq Adjustment
Council Appointed Committee
# of Members: Three
One from Public Works
One from Building
One from Legal
Term of Office: Three Years
Authority: Municipal Code 2.28.090
Comments: Practice is that department heads (or their assistants as
alternates) serve on the BZA. Vacancies are filled in the same manner as
appointments, for the unexpired term. Removal from office is conducted in the same
manner as members of the planning commission (by the affirmative vote of five
members of the City Council), as provided by law.
Jack Hardisty, Planning Director
Council Appointments
Page 5
August 14, 1991
Central District Development Aqency
Council Approved Committee
# of Members: Seven
Term of Office: Four Years
Authority: Municipal Code Chapter 2.24
Comments: Members are appointed by resolution of the Mayor, with the
approval of the City Council. Members must be resident electors. Any member may
be removed from office_upon the Mayor's recommendation and approval by the City
Council under certain conditions (refer to Municipal Code 2.24020-(C)).
Citizens Parks & Recreation Committee
Council Appointed Committee .
# of Members: Seven
Term 'of Office: Four Years
Authority: Municipal ~ode 2.60.060
Comments: Each member is nominated by a Councilmember for his/her
ward, who shall be a resident of that ward, and shall be appointed by the City
Council. Terms of office run concurrently with those of Councilmembers.
Consolidation Transportation Service Agency Advisory Board
Council Appointed Representative to Committee
# of Members: Seven One City representative (Councilmember)
One Board of Supervisors representative (Board Member)
One North of the River Recreation and Park representative
One Bakersfield Area Retarded Citizens representative
Jack Hardisty, Planning Director
Council Appointments
Page 6
August 14, 1991
One Mexican American Opportunity Foundation representative
One Golden Empire Transit representative
One Bakersfield Senior Center representative
Term of Office: Two Years
Authority: Established by KemCog upon designation of the Bakersfield Senior
Center as the Consolidation Transportation Service Agency, in connection with the
Transportation Development Act.
Comments: A KernCog member serves as an ex officio non-voting member.
Upon resignation of a member, the CTSA Board advises the separate entities so that
replacement can be made. The City representative is selected by the City Council
from among its membership.
Convention Center Committee
Council Appointed Committee
# of Members: Seven
Term of Office: Three Years
Authority: Municipal Code 2.52.020
Comments: Municipal Code does not specify appointment by ward although
it appears that this has been the process used.
Fair Housinq Advisory Committee
Council Confirmed Committee
# of Members: Eight
One each from the following organizations:
Bakersfield Board of Realtors
Kern Mexican American Politial Association
Building Industry Assn. of Kern County
Jack Hardisty, Planning Director
Council Appointments
Page 7
August 14, 1991
National Assn. for the Advancement of Colored People
Kern County Apartment Association
League of Women Voters
One At-Large Member appointed by the Committee members,
not from any of the above organizations
One Non-Voting Member who shall be the Director of the
Department of Weights and Measures/Fair Housing Division
(Note: Each member will have an alternate who can vote in his/her absence
except for the alternate of the Non-voting Director who shall have a non-voting
alternate.).
Term of Office: One Year
Authority: Council Action on October 18, 1988 (Memorandum of
Understanding with the County of Kern).
Comments: The six organizations appoint representatives who are approved
by the Board of Supervisors and confirmed by the City Council. Vacancies (death,
resignation, removal, disqualification or otherwise) shall be filled after the required
posting of notice by the en~tities responsible for the appointment of the person whose
position is vacant and the nomination of a replacement member by the appropriate
member organization. Terms expire August 19 of each year.
Fire Department Civil Service-Board
Council Appointed Committee
# of Members: Three
Term of Office: Three Years
Authority: City Charter, Section 183
Comments: Members must be residents throughout their terms. Members
may be removed from office in the same manner as are elective officers of the City
or by unanimous vote of the Council members allowed by law to vote.
Jack Hardisty, Planning Director
Council Appointments
Page 8
August 14, 1991
Golden Empire Transit District
Council Appointed Representatives to Committee
# of Members: Five
Two Members appointed by the Board of Supervisors
Two Members appointed by the Bakersfield City Council
One Member appointed by the majority vote of the other four members
of the board
Term of Office: Four Years
Authority: Board of Supervisors Resolution No. 72-430 pursuant to Sections
10100 et seq. of the Public Utilities Code (AB 2386).
Comments: According to the General Manager, the members of the GET
District serve at the pleasure of the Board and Council and until their replacements
are appointed.
Handicapped Access Appeals Board
Council Appointed Committee
# of Members: Five Two Members shall be physically handicapped.
Two Members shall be persons experienced in construction.
One Member shall be from the public at large.
Term of Office: No term specified.
Authority: Municipal Code, Chapter 15.54; sections 19955 - 19959 of the
California Health and Safety Code.
Comments: No provisions for terms of office; nothing specifying the'
committee serves at the pleasure of the Council.
Jack Hardisty, Planning Director
Council Appointments
Page 9
August 14, 1991
Kern Council of Governments (Kern COG)
Council Appointed Representative to Committee
# of Members: Thirteen
One Mayor or Councilmember from each of the 11 incorporated
cities in Kern County, appointed by the governing body (Arvin,
Bakersfield, California City, Delano, Maricopa, McFarland,
Ridgecrest, Shafter, Taft, Tehachapi, and Wasco)
Two Members of the Board of Supervisors, appointed by the
entire Board of the Supervisors
(Alternates are appointed by their respective governing bodies)
Term of Office: Not specified.
Authority: City Agreement #8i-62, et al, Joint Powers Agreement,
establishing the Kern County Council of Governments.
Comments: Members serve at the pleasure of the appointing body until their
respective' successors are appointed. Termination of a member's mayoral,
councilmanic, or supervisorial status constitutes automatic termination of that
person's membership on the Council.
Kern County Economic Development Council
Council Appointed Representative to Committee
# of Members:
Member of Board of Directors of Kern Economic Development
Corporation
Member of Board of Directors for the Board of Trade
Chairman or designee of the Board of Supervisors
Mayor of the City of Bakersfield
Representative of each incorporated City in Kern County (to
be designated by its city council)
Representative of each Chamber of Commerce in Kern County
(to be designated by its chamber)
Representative of each business, visitors and
improvement association within Kern County
Jack Hardisty, Planning Director
Council Appointments
Page 10
August 14, 1991
(to be designated by its governing board)
Representative from each unincorporated community within
Kern County (to be appointed by the Board of
Supervisors when the KCED Council determines
that an area constitutes a community)
Such other representatives as the KCED Council may,
by majority vote, approve from time to time.
Term of Office: Not delineated in the Contract.
Authority: City Contract No. 87-50, Public-Private Cooperative Agreement for
Economic Development in Kern County.
Comments: Agr-eement in effect through June 30, 1992, and can be renewed
for additional five year terms if the parties so agree. Contract #87-50 establishes the
non-profit, public benefit Kem Economic Development Corporation.
Kern County Water Aqency
Not Council Appointed. (Information only)
# of Members: Seven
Term of Office: Four Years
Authority: California State Law
Comments: Members are elected by division by the residents of each division
within the Kern County Water Agency district. Members must live within the divisions
for which they are elected and can be removed from office in the same manner as
other elected officials.
Jack Hardisty, Planning Director
Council Appointments
Page 11
August 14, 1991
Kem Economic Development Corporation
Council Appointed Representative to Committee
# of Members: Eleven
One Member appointed by the Board of Supervisors
One Member appointed by the Board of Trade
One Member appointed by the Bakersfield City Council
Two Members appointed by the Kern County Association of Cities
Six Members representing the private sector (originally selected
by incorporators; thereafter selected and appointed by the
then remaining .private sector members of the Board of
Directors
Term of Office:
No term specified in the Contract.
Authority: City Contract #87-50, Public-Private Cooperative Agreement for Economic Development in Kern County.
Comments: Agreement in effect through June 30, 1992, and can be renewed
for additional five year terms if the parties so agree. Contract #87-50 establishes the
Kern County Economic Development Council.
Kern Mosquito and Vector C(sntrol District
Council Appointed Representative to Committee
# of Members: Eight
Four Members appointed by Board of Supervisors
One Member each from Bakersfield, Arvin, Shafter and Wasco
appointed by their respective city councils
Term of Office: Two .Years
Authority: California Health and Safety_Code, Section 2240, et seq.
Comments: Must be elector of the city represented and a resident of the
district within that city.
Jack Hardisty, Planning Director
Council Appointments
Page 12
August 14, 1991
Dr. Martin Luther Kinq Jr. Community Center Citizens Advisory Board
No longer in existence. (Information only)
Comments: The Citizens' Advisory Committee for Martin Luther King Jr.
Community Center served from the early 1970's to December 1988. It was replaced
by a new committee formed to act in an advisory capacity on matters pertaining to
all City of Bakersfield Parks and Recreation activities, the Citizens' Parks and
Recreation Committee.
Local A.qency Formatio~r~ Commission
Not Council Appointed. (Information only)
# of Members: Eight
Two Board of Supervisors Members
Two Representatives from cities in the county selected by the
City Selection Committee
One Board of Supervisors Alternate
One Alternate from City Selection Committee
One Public Member selected by two Supervisors and two City
Representatives
One Alternate to Public Member selected by two Supervisors
and two City Representatives
Term of Office: Four Years
Authority: 1963 California Legislature, Chapter 1808, Section 54780
(December 10, 1963).
Comments: Each city representative must be a city officer appointed by the
City Selection Committee, which consists of the i'nayors of each of the incorporated
cities. Members must remain elected officials. They serve at the pleasure of the
appointing authorities.
Jack Hardisty, planning Director
Council Appointments
Page 13
August 14, 1991
Miscellaneous Departments Civil Service Board
Council Appointed Committee
# of Members: Five
Term of Office: Three Years
Authority: Bakersfield City Charter, Section 209
Comments: Members must be residents of the City throughout their terms.
Vacancies filled by appointment by the Council for the unexpired term. Members
may be removed from (~ffice in the same manner as are elective officers of the City
or by unanimous vote of the Council members allowed by law to vote.
North Bakersfield Recreation and Park District
Mayor Appointed. (Information only)
# of Members: Seven
Four Members appointed by Board of Supervisors
Three appointed by Mayor of Bakersfield; not adhered to to date
Term of Office: Four Years
Authority: California Public Resources Code, Section 5781.46.
Comments: Per a July 16, 1991 memo to the Board of Supervisors from B.
C. Barmann, County Counsel, the Board has the authority to appoint only four
members to the District board, the other three to be appointed by the mayor of the
city within the district (Bakersfield). Barmann felt that City Agreement No. 86-84,
which provides a temporary waiver and assignment of statutory privilege with respect
to the appointment of board members by the City until the City's population reaches
14% of the district is superceded by State Law, Section 5781.46.
Public Resources Code 5781.46 permits the appointing authority to specify
the terms of office of members to be appointed to the board of directors of the
district.
Mr. Barman offered as an alternative the appointment by the County of the
vacancy left by Camarillo and to make two appointments to fill the two seats held by
Jack Hardisty, Planning Director
Council Appointments
Page 14
August 14, 1991
Ray Dezember and Jean Misemer. The City could make its first appointment in
December 1991 on the expiration of Rathbun's terms. The City and County could
split the two appointments available in 1993. The City could make the appointment
on the expiration of Gardiner's term in 1994.
The change to an elected board may be instituted only by the North
Bakersfield Recreation and Parks District Board itself by a majority vote of the full
Board.
Plannin.q Commission
Council Appointed Committee
# of Members: Seven and an Alternate
Term of Office: Four Years
Authority: Municipal Code Section 2.28.030
Comments: Members serve at the Pleasure of the City Council and may be
removed at any time by the affirmative vote of five members of the City Council.
Police Department Civil Service Board
Council Appointed Committee.
# of Members: Three
Term of Office: Three Years
Authority: Bakersfield City Charter, Section (221)1.
Comments: Members must be residents throughout their terms. Vacancies
shall be filled by appointment for the unexpired term. Members may be removed
from office in the same manner as are elective officers of the City or by unanimous
vote of the Council members allowed by law to vote.
Jack Hardisty, Planning Director
Council Appointments
Page 15
August 14, 1991
Public Facilities Corporation
Council Appointed Committee
# of Members: Three
Term of Office: Two Years
Authority: Incorporation of Public Facilities Corporation (May 29, 1984)
Comments: Members must be residents of the City of Bakersfield at the time
of appointment and are nominated and appointed by the full Council.
Solid Waste Mana.qement Advisory Committee
Council Appointed Representative to Committee
# of Members: Twenty-one Members
Five from Industry
One from Kern County Public WOrks Department
One from City of Bakersfield Public Works Department
One from the Bakersfield City Council
Two from the Intergovernmental Committee
One from the League of Cities
One from the Kern County Planning Department
One from the Kern County Health Department
One from the Kern County Administrative Office
Two alternate members (City Council and Board of Supervisors)
One from the Kern County Sheriff's Department
One from the Fire Department
" One from the General Services Department
One City Manager
One from the Greater Bakersfield Chamber of Commerce
Term of Office: No term specified.
Authority: City Resolution No. 16-90 (Feb. 21, 1990).
Jack Hardisty, Planning Director
Council Appointments
Page 16
August 14, 1991
Comments: The County Board of Supervisors requested local city councils
to adopt a resolution designating the Solid Waste Management Advisory Committee
to act as the County's task force to assist in coordinating recycling activities to
reduce solid waste that is being disposed of in landfills (per Assembly Bill 939
(Article 2, 40950), and also approving the current membership of the Solid Waste
Management Advisory Committee/Local Task Force.
Southeast Bakersfield Wastewater Treatment Facilities Consolidation Corporation
Not Council ApFointed. (Information Only)
# of Members: Up to Five.
· Term of Office: No term specified.
Authority: Incorporated May 12, 1975
Comments: In the Articles of Incorporation (dated May 12, 1975), a purpose
of the corporation is to render assistance to the City of Bakersfield. Three original
directors were named in the Articles and mention was made that the number of
directors may be fixed by the By-Laws. Per the Articles, the original directors were
to act until the selection of their successors; and the directors, from time to time,
would be its only members.-A September 30, 1976 amendment to the Articles of
Incorporation added Article VIII to state that the Articles could not be amended
without the consent of the City Council of the City of Bakersfield.
Water Board
" Council Appointed Committee
# of Members: Three
Term of Office: No term specified.
Authority: Municipal Code, Chapter 2.18
Jack Hardisty, Planning Director
Council Appointments
Page 17
August 14, 1991
Comments: Members shall be members of the City Council Water ResourceS
Committee, all of whom shall be officers of the City.
(m0814912)
cc: J. Dale Hawley, City Manager
al ifornia cities and counties now have pation from all segments of the community.
an opportunity, to provide quality mu- This program will provide well-planned and
nicipal golf to their constituents, furnish en- well-designed municipal golf courses that
vironmental and conservation safeguards, will not only be serf-supporting, but will also
and create an economic return to their corn- provide an economic return to the local
munities through a new joint venture involv- community."
ing legendary golfer Arnold Palmer. the California Muni Golf is one activity of an
League of California Cities and the County economic development authority, formed
Supervisors Association of California. jointly by the League and the County Super-
Arnold Palmer Tar-
gets Local Economic De-
velopment By Meeting
Demand For Golf.
Called California Muni Golf. the ef- _ visors Association of California
fort teams the Arnold Palmer (CSAC) to provide a balanced
Golf Course Design and economic development
Golf Course Manage- program for local gov-
ment Companies with ernments, which rec-
experts in feasibility, ognizes the need for
environment, con- recreational and
struction manage- q u a 1 i t y- o f- 1 i f e
ment and facilities resources in addi-
...... - tion to housing,
... "' commercial and
~ ~ operations. This . industrial devel-
~ team is available to ~ opment. California
· ~ any California com- j Muni Golf provides
· 'munity wishing to a new approach for
provide quality public public play golf by
play golf at no cost to the emphasizing the recre-
taxpayer, ational, environmental and
At an April 1 press conference economic development potential
in Los Angeles of golf course
announcing the projects.
program. Palmer According to
said, "California the National Golf
Muni Golf is spe- Foundation. the
cificalty designed number of golf-
to encourage high ers in the United
levels of partici- States increased
LF~U~ OF C,~tFORN~ CrnF. s
by more than 40 percent between 1985 and ~ team to judge lng and entitlement work proceeds in paral-
1989. fi'om 17.5 million to 24.7 million. Golf ~, the feasibility of lel with the design process.
has evolved from a rich man's sport to a ~ each proposed project. The construction phase begins with the
cross-cultural, multi-ethnic recreational ~ Alfred Gobar Associates letting of competitive bids and the award of
activity.. And golf's growing popularity, is ~ Inc. of La Brea specializes in these bids. Kajima Engineering will assist
expected to continue throughout the '90s. I the analysis of economic and busi-- with this phase, as well as construction
Ironically. during this unprecedented t ness decisions involving management management.
increase in demand for golf. California ! and development of land and real estate At the completion of construction, the
cities have been forced to restrict recre- I assets. Kajima Engineering and Con- Arnold Palmer Management Company will
~ operate the facilities on behalf of the mtmic-
I ipali~: The municipali .ty will Share in rev-
enues from the course, and the total cost of
I design, construction and operation will be
t borne by the revenues generated from the
I course and its ancillary services. The pro-
I gram anticipates no costs to the general
. funds of the counw or cim
California Muni Golf is dedicated to pro-
viding public play golf without creating
environmental problems, depleting scarce
water resources or draining tax-based rev-
enues. Whenever possible, the program
will utilize reclaimed water effluent from
municipal sewer systems. On-site water
ation budgets, struction Inc. of Los Angeles is an treatment will be employed, as will environ-
Their ability to international engineering firm with mentally-sensitive design criteria.
finance and operate extensive experience in golf course con- Arnold Palmer's personal and enthusias-
municipal recreation struction and rehabilitation. Pacific tic participation has created a lot'ofinterest.
facilities has greatly dimin- Investment Network Inc. of Los Angeles "I have always been very high on public
ished, and the willingness of taxpayers to has more than 20 years of experience in courses." Palmer said at the press confer-
provide additional general fund revenues planning and development management, ence. "When you think of how many cities
has sharply declined, including environmental and entitlement and towns have a baseball field, why
California cities have been unable to processes in California. shouldn't'those same places have a golf
keep up with the exploding demand for Stage one of the program involves a lea- course, too? It has been said that golf is a
public play golf courses over the last sibility study, which judges the economic game for the high uppity-ups. That won't be
decade. In fact. a recent survey of cities and viability of the project, analyzes other social the case. [This program makes] golf a
counties revealed that many communities and economic benefits to the community, game for everyone. California Muni Golf is
have ~unmet demand and a desire for provides a market analysis and projects the a unique program, and the fact that it was
municipal golf programs. However. most total construction, debt service and opera- organized by the ci.ty and county associa-
public entities do not have staff trained in tional costs of the course. Financing tions makes it more unique. I think this
the complexities of golf course design, con- options are also reviewed. The authori~, program can do tremendous things for the
strucfion and operation, provides for the issuance of tax-exempt youth of our communities."
So, in the fall of 1990, a request for qual- financing for these projects.
ifications was distributed to 35 golf course ff the feasibili .ty study proves economical- (For more information, call the California
firms in the nation. Five of the 14 firms ly viable, golf course planning and. design Statewide Communities Development
that responded were interviewed by the begin. The Arnold Palmer Golf Course Authority, the joint powers authority created
authori .ty. A team headed by Patmer's golf Design Company assists the municipality by the League and CSAC tO administer this
course design and management compa- with site selection, layout and design, and other economic development programs,
hies. was selected, including working.plans and specifications at 800-635~3993. The League or CSA C can
The success of the program is directly for solicitation of competitive construction ' assist members with the application process.)
dependent upon the ability of the program bids. The environmental, permitting, zon- Continued on page 36
13
WESTERN CITY, AUGUST 1991
George W. Nic][el, J~. RECEIVED
6200 Lake Mina Roac
Bakersfield. CA ~330~
FAX 805/872-7141
August 1, 1991
Gregory Klimko, Finance Director
City of Bakersfield
1501 Truxtun AVenue
Bakersfield, CA 93301
Dear Greg:
As I believe you know, I had a meeting with Attorney Richard Hargrove on July 31st. I had heard
that Richard had given constructive bonding advice for both the Cities of Arvin and Wasco on
their golf course projects; consequently, I made contact with him to discuss a potential public golf
course for the City of Bakersfield on land that I have substantial interest in, in Section 20, T29S,
R29E, which lies just south of Highway 1.78 and west of the Mesa Marin Race Track area, which,
of course, is also in Section 20. My thinking is to have a public golf course to be owned by the
City of Bakersfield and to retain land around the golf course for residential subdivision purposes.
I was very. favOrably impressed with the knowledge and expertise that Richard Hargrove expressed
on this overall subject. From him, I understand that such a golf course program can get financing
through either COP or Mello Rouse Bonds. Of the two possible bonding programs, I believe the
Mello Rouse Bonds may best fit the program that I would like to advance in Section 20, provided,
of course, hhat it is of positive interest by the City of Bakersfield. Knowing that the Kern County
owned Kern River Golf Course has over 110,000 rounds of gol£there annually and is often
extremely crowded, I think a public golf course in Section 20 Should have great public interest.
I have earlier had brief discussion with City Councilwoman Pat Smith and she indicated positive
interest in evaluating a program in Section 20, which is within the area of the City that she
represents.
NoTM, getting back to Richard Hargrove, he went on to tell me that as Finance Director of the
City, you would be a proper person to suggest to me an unde:v:riter to evaluate the potential of
a Mello Rouse Bond program that would cover the golf course and related subdivision program
that I believe can be of interest to both the City and myself. I would very much appreciate a
contact from you for your thinking and advice on this overall subject. I will look forward to
hearing from you.
~. ~~erely~
George W. Nickel, Jr. ~,
GWN:rjs
c- Dale Hawley, City Manager
Councilwoman Pat Smith
Richard Hargrove