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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 - 3 - 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: - 3 - 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 - 5 - 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