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HomeMy WebLinkAbout04/28/2003 B A K E R S F I E L D Sue Benham, Chair David Couch Jacquie Sullivan Staff: Trudy Slater REGULAR MEETING NOTICE LEGISLATIVE AND LITIGATION 'COMMITTEE of the City Council - City of Bakersfield Monday, April 28, 2003 1:00 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue, Bakersfield, CA AGENDA 1. ROLL CALL 2. ADOPT MARCH 10, 2003 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING TEMPORARY USE PERMIT PROCESS FOR OFF-SITE AUTO SALES AND RELATED ROADWAY SIGNAGE B. REVIEW, DISCUSSION AND COMMI'I-I'EE RECOMMENDATIONS REGARDING DOWNTOWN BUSINESS ASSOCIATION BUSINESS DISTRICT BEAUTIFICATION 5. NEW BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING THE LEAGUE OF CALIFORNIA CITIES-SUPPORTED ACTION FOR BE'I'FER CITIES "SAVE OUR SERVICES" PROGRAM B. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING A POLICY CONCERNING THE HANDLING OF ANIMALS AT CRASH SCENES C. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING INVESTIGATION OF IMPLEMENTATION OF PENALTY FEES FOR REPEATED VIOLATORS OF THE NOISE ORDINANCE D. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO AMBULANCE ORDINANCE LANGUAGE REGARDING PARAMEDICS (CLARIFICATION ON BLS AND ALS SERVICES AND REQUIRED PARAMEDIC SERVICES) 6. COMMITTEE COMMENTS 7. ADJOURNMENT DRAFT B A K E R S F I E L D Alan Tandy, C~ Manager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan ..AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Special Meeting Monday, March 10, 2003 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:03 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David Couch Councilmember Jacquie Sullivan, arriving at 1:12 p.m. 2. ADOPT JANUARY 27, 2003 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None. 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING MASSAGE ORDINANCE MODIClATIONS TO ALLOW MOBILE MASSAGE City Attorney Bart Thiltgen explained the current changes to the proposed ordinance made the existing ordinance considerably better but consensus could not be found on off-premises massage, the primary mason for the referral to committee. Several members of the community spoke on the advantages of having in-house massage. Police Chief Eric Matlock and Lt. Jess Molinar explained the continuing concerns of the Police Department regarding, among others, safety and welfare of all participants, regulatory burdens and enforcement issues. In response to Chairperson Sue Benham's question regarding whether~ the County allowed in-home massage, Lt. Molinar responded that the County did not prohibit* it. Development Services Director Jack Hardisty also mentioned home occupation permits are by nature restrictive so as not to create a fringe effect of losing the differentiation between business and residential. Agend~ Summ~ry ,eport DRAFT Legislative and Litio~tion Committee March 10, 200~ Page 2 Chairperson Benham indicated she felt the issue had been fully explored between staff and industry representatives. A motion was made, seconded and passed to forward the proposed ordinance, which excludes off-premises private massage, to Council for approval. B. REVIEW, DISCUSSION. AND~ COMMI'I'rEE RECOMMENDATIONS REGARDING VOLUNTEER AND ADOPT-A-HIGHWAY PROGRAMS INSURANCE REQUIREMENTS Risk Manager Patrick Flaherty updated the Committee on actions taken to provide insurance for individuals involved in City volunteer and adopt-a-highway programs. The insurance was able to be secured at a nominal amount. No further action is needed. C. REVIEW, DISCUSSION AND COMMrl'rEE RECOMMENDATIONS REGARDING RESOLUTION FOR HIGH SPEED RAIL FUNDING Administrative Analyst Trudy $1ater highlighted the high speed rail funding resolution included in the packet. She noted staff had suggested adding wording to indicate support for the California High Speed Rail Authority to remain independent from the California Department of Transportation (in opposition to the Governor's proposal to place the Authority within CalTrans). A motion was made, seconded and passed to forward the resolution to Council for approval, removing the word "explosion" in the third paragraph and with added language regarding the Authority. D. REVIEW, DISCUSSION AND COMMri'rEE RECOMMENDATIONS RELATING TO CITIZEN PROPOSAL TO CHANGE THE CITY'S CHARTER REGARDING COUNCIL SALARIES This item was not discussed as Mr. Wesley Muhammad was not in attendance. The item will not be revisited until Mr. Muhammad has made an effort to articulate his proposal. 5. NEW BUSINESS A. REVIEW, DISCUSSION AND COMMrl'I'EE RECOMMENDATIONS REGARDING TEMPORARY USE PERMIT PROCESS FOR OFF-SITE AUTO SALES AND RELATED ROADWAY $1GNAGE Mr. Hardisty briefly explained the history behind the City's transient outdoor businesses permitting process, allowing them in commercial zones. It was originally intended to address one-person itinerant merchant operations. When used for large parking lot operations, it takes away parking that is allotted for customers of the business and further impacts the center by increasing the demand for parking on an ad hoc basis. The issue is not vehicles alone but very large "pull-in, park, sell and then go" kinds-of-businesses. Without discriminating against the type of business, them is a possibility of restricting the activities by size, i.e., a limitation of 400 square feet, which is also consistent with a 400-foot home occupation permit. City Manager Alan Tandy explained that as a practical matter the largest single source in the City's General Fund is the sales tax that comes from the auto dealers. This is currently at approximately 12% and is a very important source of revenue to the City. Agend~ Summ~ry ~eport DRAFT Legislative ~nd Litigation Committee ~rch ~0, ~003 Page 3 Mr. Ted Nicholas, Three Way Chevrolet, indicated they are seeking to limit parking lot sales from outside dealers as well as Bakersfield car dealers. There are a number of issues involved in operating a used car lot out of a parking lot, including health and safety issues, violations in advertising, parking problems and loud music. Also mentioned was the negative image portrayed by the signs used for the parking lot sales. He indicated he did not feel there would be a loss of sales tax revenues .to Bakersfield or Kern County by the absence of the vehicle parking lot sales. In response to a question from Committee Member Jacquie Sullivan, Mr. Nicholas indicated his concerns were two-fold. He was concerned about out-of-town dealers coming into town as well as the off-site use of property that was not designed as an automobile dealership. He indicated, as president of the New Car Dealers Association, he felt the organization as a group does not support parking lot sales. He doesn't see them benefiting Bakersfield nor its citizens.. Mr. Jerry Cook, Jim Burke Ford, indicated the Department of Motor Vehicles has difficulty in regulating the parking lot sales and signs and has no control over promoters of the events because they are not licensed dealers. The DMV is constrained by what is reasonable. Mr. Jason Thomasy indicated he represents about 600 used car dealers in Bakersfield. They are also hugely affected by the parking lot sales as their sole income cOmes from used cars sales. He, too, does not want the signs to be the image people have of Bakersfield. The parking lot sales are affecting the Bakersfield economy and its customers. It stretches past the dealers to the local smog and detail shops, mechanics shops, tire shops and beyond. Mr. Clay McCombs, Best Rents, indicated he would lose as much as 30% of his business if the parking lot sales were eliminated. He felt there were plenty of places in town where adequate parking was available, that the sales events stimulated secondary business opportunities to those providing services to them, such as, in his case, canopies and different equipment that is used for these types of venues, including lighting and restrooms. He indicated his purpose was to point out there are positive effects from the events, including benefit to the businesses surrounding the sales events. Mr. Hardisty suggested that adding a size limitation might eliminate problems associated with large parking lot car sales events, indicating a size restriction would still accommodate the "blow out" sales at the Auto Mall on vacant parking lots. He also mentioned that the hand held signs were generally legal and could not be prohibited but the ones scattered up and down the curbing and sidewalks are not. Chairperson Benham asked staff to return to the next Committee meeting with a proposal to be considered for action. She asked the community speakers, if they had further thoughts for staff to consider, to do that through Ms. Slater. B. REVIEW, DISCUSSION AND COMMrn'EE RECOMMENDATIONS REGARDING DOWNTOWN BUSINESS ASSOCIATION BUSINESS DISTRICT BEAUTIFICATION Mr. Hardisty discussed the proposed citizen ordinance in the Committee packet (submitted by Mr. Granville Lee), indicating some items included in the proposal are covered by the building code. He felt the proposal is a step backward in efforts to deal with the planning Agencl~ Summ~ry Fteport DRAFT Legislative ~nd Litigation ¢omm~tee March 10, 2003 Page 4 influences on regulated signs. He highlighted sections in the proposed ordinance that he saw as problematic, including sizes, types, numbers of signs, and signs in the right of way. Awnings are already allowed and encouraged for shading purposes. Some signs are allowed on awnings (limited). American flags and others are allowed in the existing ordinance although banners are not. This proposal does not address planters. Planters are allowed by encroachment by the Public Works DePartment. Public Works Director Raul Rojas mentioned that awnings are also an encroachment. Mr. Lee explained his proposal was not meant to completely change the existing ordinance but to allow a variance of three feet for items such as sandwich boards and potted plants. He was essentially asking for three feet out from the building into the right 'of way for placement of short, removable items which would not present a problem with the Police Department. There doesn't appear to be in the City's ordinance any specifics about length from the curb line of the streets or information on how large or the type of encroachment to be allowed from the face of the buildings. Chairperson Benham indicated potted plants are allowed through the encroachment process and asked for clarification on the types of things to be placed in the right of way. Mr. Lee responded that they foresaw nothing over 6 feet tall, such as removable sandwich boards or small, free-standing marquees, which can be brought out during business hours and removed at the end of the business day. Chairperson Benham indicated that although she supports beautification of the downtown, she is concerned that not all of the allowances would enhance the downtown. Taste can't be legislated so legislation has to be crafted to not allow things which would be detrimental. This presents a dilemma. She doesn't see sandwich boards as being a part of beautiful downtowns. In response to a question from Committee Member David Couch, Mr. Thiltgen responded that you cannot regulate the content of a marquee or sandwich board because then you are regulating the speech (First Amendment) unless it falls within the obscenity area. It was further clarified that window advertisements were limited to goods for sale on the premises and that advertisements are limited to a certain percentage of the window. Mr. Rojas indicated the width of the sidewalk has to be in compliance with the American with Disabilities Act. He further indicated traffic sight lines are considered so as not to have visual vehicular obstructions. The encroachment permit is a way of tracking so that when someone complains, the City has the ability to enforce. When complaints are received, they are generally from a business's neighbor. Mr. Hardisty indicated sandwich boards are currently prohibited because they are too flexible and blow over or out into the street. Non-public safety signs are prohibited in the right of way and any sign that would interfere with traffic control. Ms. Cathy Butler, Downtown Business Association, indicated during the holidays some of' the downtown businesses were cited and stopped placing potted plants out on the street. They did not want to pay the $145 yearly encroachment fee. They would like to continue the great things some of the new shops have done to create a quaint downtown. The current ordinance inhibits this. 'Agend~ Summe. ry Report DRAFT Legislative ~ncl Litigetion Committee March 10, 2003 Page 5 Mr. Tandy clarified the encroachment permit is a one-time, not an annual, charge. Mr. Rojas indicated the importance of having a record in order to know what has been placed in the right of way. It is also very important to have the required insurance in order to protect the City against liability exposure. Civil Engineer Marian Shaw indicated the insurance is needed because of the encroachment permit is an obstruction in the right of way. Liability is an issue in the public right of way. The permit allows Public Works to know who's doing what in the public right of way. The current encroachment permit ordinance that covers the outside eating areas in the downtown requires 6 feet of unobstructed sidewalk. The current downtown right of way for wheel chair passage is 6.9 feet. Other issues raised included the encroachment permit process, costs, possible alternatives · or modifications, allowing marquees or not, the difference in the width of various City sidewalks, identifying specific items to be allowed in the right of way, eliminating the cost of an encroachment permit, making the application process easier, issuing a permit for a certain section of a street, individual business need for insurance, and short-term sidewalk sales permits. Committee Member .Sullivan indicated she liked the unique and decorative look. Mr. Tandy indicated items can be placed upon the streets through the sidewalk sales permit process. Chairperson Benham directed'staff to meet with the DBA to discuss their issues and report back at the April or May meeting. Council'Member Couch .suggested that non-DBA members be included, and Chairperson Benham asked that Mr. Dale Simpson be contacted as well. C. REVIEW, DISCUSSION, AND COMMI'I'rEE RECOMMENDATIONS REGARDING 2003 LEGISLATIVE PLATFORM Ms. $1ater explained that the 2002 Legislative Platform was placed in the Committee packet as staff felt it was reflective of the City's current legislative positions. The Legislative Platform had been very helpful in allowing staff to respond quickly to current budget crises. Committee Member CoUch suggested one change. It as suggested in the Quality of Life Section, second paragraph, the addition of "county," to state and federal issues of regional concern. A motion was made, seconded, and passed to accept the Legislative Platform with the additional change. The Platform will be forwarded to Council for its approval. 6. COMMITTEE COMMENTS .None. Agencl~ Summ~ry Report DRAFT I.egi$1etive ~nd Litig~tJon Committee ~rch ~0, 2003 Page 6 7, ADJOURNMENT The meeting adjourned at 2:55 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater, Risk Manager Pat Flaherty; City Attorney Bart Thiltgen; Development Services Director Jack Hardisty; Public Works Director Raul Rojas, Assistant Public Works Director Jack LaRochelle, Civil Engineer Marian Shaw, Civil Engineer Arnold Ramming, Civil Engineer Marian Shaw, Public Works Operations Manager Brad Underwood; Police Chief Eric Matlock, Lt. Jess Molinar; and Treasury Supervisor Cheryl Perkins. Other Attendees: Renee D. Nelson, Donna Henderson, Irene Rodriguez, Ted Nicholas, Jerry Cook, Jason D. Thomasy, Mary Baker, Clay McCombs, Karen A. Foley, Margaret Hust, Jesus A. Carpio, Dalila Frei, Granville Lee, Dale Simpson, Cathy Butler, James Burger, Tammy Brown. (L030310-MIN) RECt=1'VED= 4/24/03 2=25PM; ->CI'Ty OF' BAKERSFZELD; #E~2; PAGE B A K ~'R $ F I !~ I. D MEMORANDUM APRIL 24, 2003 TO: TRUDY 8LATER, ADMINISTRATIVE ANALYST FROM: . JACK HARDISTY, DEVELOPMENT SERVICES DIR SUBJECT. TRANSIENT OUTDOOR BUSINESSES The Legislative & ~ Committee of the City Council has asked that I propose an ordinance amendment to ensure that. the transient outdoor businesses the city permits are of the type and size that Chapter 5.56 envildoned. Those would be small in nature, operatJr~ from a van or stand and ~sc~ argUs, ...g?ocl, like rugs, brass, leather goods, etc. Lately, some very large scale moUle auto sales lots have been setting up as Transient Outc:kx)r Businesses. I would recommend that a size mstricffdn of 400 square feet would be appropriate to better define such buslneseas. Please refer to § 5.56.031 A.13, attached. JH:pjt RECEIVED: 4/24/03 2:25PM; ->CZTY OF BAKERSFZELD; #662; PAGE 5.56.010 Chapter $.56 upon a permanent foundation in accordance with the ---. TRANSXENT OUTDOOR BU$INESSE$* requirements of Chapter 15.12 of this code. "Transient outdoor business" means any temporary Sections: business or any seasonal outdoor business wi~n the city 5.56.010 Definitions. and which hh'es, leases, uses, entcn upon or occupies any property within the city. (Ord. 3916 (part), 1999: Ord. $.56.020 Permit required. 3806 § I (part), 1997) 5.56.030 AppUcation. 5.56.031 Issuance. $.56.032 Fee. 5.56.020 Permit required. 5.56.040 Regulations. A. It is unlawful for any person to operate, maintain 5.56.050 Revocation. or conduct a transient outdoor business in the city in violarlon of this chapter, or without having a valid permit 5.56.060 Appeal. for each and every day of operation in accordance with · thc provisions of this chapter. .. ~Utor's Note: Pria ordinance ~t~xy includes pomms of Ordi. B. No person shall be relieved from compliance nancc Nos. 2845, 3457, 3763. with the provisions of this chapter merely by reason of 5.56.010 Del'tuitions. association temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such mmsient Whenever used in this chapter, unless a different outdoor business in connection with, as a part of, or in meaning clearly appears from the context, the words set out in this section shah have the following meanings: the name of any. local dealer, trader, merchant or auction- "Business owner" means any person who engages in eer. or operates a transient outdoor business (including on his, C. Any business occupying a structure upon a per- her or its own property) and shall be the applicant for the mancnt foundation constructed in accordance with thc permit requi~ed in this chapter, requirements of Chapm-15.12 of this code, any farmers' "Lessee," un/ess otherwise qualified, means any person merket certified by the Kern County agricultural conunis- who is in lawful possession of the propen7, sioner, any seller of fireworks, any feed vendor operating a pushcart on a sidewalk as pe~nitted in Chapter 5.45 of "Manager," unless otherwise qualified, mcam any this title, promotional activities ns set forth in chapter person who i~ an employee or agent of the property 5.51 of this title, or any occasional sales of nonalcoholic °wnerorleaseccharged with thc responsibility ofmanag, beverages or foodstuffs by persons under the age of ing the site on the property where thc business owner eighteen years adjacent to the residence of the person seeks to establish his, her or its a'ansient outdoor busi- ness. involved in such sales is exempt from the operation of this section. (Ord. 3916 (part), 1999: Ord. 3806 § I '?ct~on" means any individual, parme~hip, corpora- (part), 1997) tion, essociation or public entity of any netu~ whatsoev- er. "Propaxy," unless othawise qualified, means thc S.56.030 Application. A. Completed applications for permits under this property from which the business owner seeks to operate section shall be madc on forms approved by tho city his, her or its transient outdoor business, or from which the tran~i~t outdoor business is operating, manager or designee, shall be submitted no less than "Property owner," unless otherwise qualified, means thirty days prior to commencement of the transient out- any person who is the recorded owner of the prolm~. door business, and shall be signed under penalty of pcrju- "Seasonal outd~_,~orbusiness" means any business solely ry by the applicant. The permit application from shall require the following information: preparing food for sale directly to consumera during a 1. The name, mailing address, title, telephone hum- specific common season fewer than one hundred eighty- bet,, previously used names, date of bizXh, sex, height, one consecutive days entirely independent from a strUC, weight, cyc color, hair color, driver's license number, tu~e upon a permanent foundation in accordance with the requirements of Chapter 15.12 of this code. social security number and arrest record, if any, of the business owner and any operator of applicant's business ''Temlxn'm7 business" means any business selling during the life of the permit; goods, wares or merchandise fewer than ninety-one 2. Prior permits held and whether such permits were consecutive days entirely independent from a structmc ever revoked or suspended and thc reasons therefor; 260 :'RECEIVED: 4/24/03 2:2~PM; -~C~TY OF' BAKERgFZELD; #~62; PAGE 4 5.S6.030 3. The name and description of the type of the 1. A definite commencement date expressed as transient outdoor business, a description of the site on the a single day of a single month of a single year; property, thc anticipated commencement _ante, and the 2. A definite termination date expressed as a length of time during which such business shall bc single day of a single month of a single year. (Ord. conducted; 3916 (pzrt), 1999: Ord. 3806 § 1 (part), 1997) 4. A current, valid, number and expiration date of a city of Bakersfield business tax certificate for the 5.56.031 l~suance. transient outdoor business; A. The city manager or designee shaH issue a 5. Except when the city is the property owner or permit if it is determined: lessee, a written authorization signed and dated by the 1. That the application is complete and truthful; current property owner, lessee, or manager, it'other than 2. That the permit application form, or written the applicant, for the locating of the Iransiant outdoor lease or license submitted pursuant to Section 5.56.030 business upon such owner's, lessee's or manager The (E), completely complies with the requirements of application form shall additionally require the property Section 5.56.030; owner, lessee or manager to state: 3. That neither the business owner nor .any a. A definite commencement date for entt~ not operator of the transient outdoor business has been older than ninety days from the date of the convicted of a crime substantially related to the authorization, such commencement date expressed as qualifications, fiinctions or duties of the business for a single day of a single month of a single year, which application is made, unless he has ob~ined a b. A defmite termination date for ~ntry expressed certificate of rehabilitation; as a single day ofa single month ofa single year not 4. That neither the business owner nor any more than ninety-five consecutive days aRer the operator of the ~ansient outdoor business has done any commencement date.in the instance ora temporary act involving dishonesty, fraud or deceit with the business or one hundred eighty-five consecutive days intent to substantially benefit himself or herself or after the commencement date in the instance ora another, or substantially injure another, seasonal outdoor business, 5. That operation of the proposed transient C. An automatic termination upon any transfer outdoor business at such location will not present any or assignment of interest in the propen'y l}om the substantial hazard to vehicular or pedesuian traffic; authorizing property owner, or leasee, or upon any 6. That the location of the transient outdoor change of the authorizing manager, business is on the site of another operating business as to d. A representation that the authorizing property which the transient outdoor business would be owner, lessee or manager has not issued any other secondary in pu~ose; authorizations for the same property for the same dates or 7. That paved parking adequate for the purposes overlapping dates of commencement or termination, of the transient outdoor business exista at the proposed B. The applicant shall attach to the application site on the properly; for permit a plot plan drawn to scale, showing the g. That a valid business tax certificate has been location of utilities, improved parking areas, location issued for.this transient outdoor business and will be in of permanent and temporary structures, cut~o cuts effect during the entire life of the permit to be issued and/or driveways and identifying the nearest pursuant t o this chapter, available source of potable water, sani~,y facilities 9. That no permit issued to the same transient and fire hydrants, outdoor business or the same business owner pursuant to C. The applicant shall deliver with the completed this section has been revoked in the past three years, application form the appropriate fee. unless the city manager or designee finds that the D. An application for a transient outdoor business reasons for such revocation are unrelated to this permit submitted without complete responses required by application; the form or the attachments described in this section shall 10. That the zone in which the transient outdoor be deemed incomplete and denied, business is proposed is appropriate, as set forth in E. In lieu of completing the part of the application subsection E of Section 5.56.040; form responsive to subsection (A)(5)of this section 11. That no more than one permit per site on the requirements, applicant may submit a copy ofa multiyear property per date exists; lease or license signed by the property owner, manager 12. That the appropriate fee has been paid. or lessee authorizing entry to the described site to the 13. That the entire business shah be contained applicant if the lease or license also sets forth: and conducted within an area not to exceed 400 Square feet. B. The city manager or designee shall issue a Iransient outdoor business permit: 261 (Bakmslield 11-99) RECE[VEO: 4/24/03 2:27PM; -~CITY OF BAKERSFIELD; #e62; PAGE 5.56.031 1. To a temporary business for the length of time the date of issuance of the permit; any transfer or assign- requested in the application form not to exc_-~__ ninety- rnent of interest by the property owner or lessee or one consecutive days. The city manager or designee may change of manager; or revocation of the permit pursuant issue a permit for a shorter period to mitigate impacts to to Section 5.56,050. vehicular or pedestrian traffic or parking space; C. The business owner shall inform thc city manager 2. To a seasonal outdoor business for the length of or designee of any ~ransfer of ownership or assignment time requested in the application form not to exceed one of inter~t of the property, or any change of manager. hundred eighty-one consecutive days. The city manager Failure to so notify the city shall automatically terminate or designee may issue a permit for a shorter period to the permit. ' mitigate impacts to vehicular or pedestrian traffic or D. Except as expressly permitted by and in accor- parking space, dance with the provisions of Chapter 12.44 of this code. C. The city manager or designee shall enter the the selling, offering to sell, advertising or displaying of expiration date of the permit on the permit, merchandise on any street or sidewalk in the city is D. The city manager or designee may issue permits prohibited. with conditions to ensure that the business will be operat- E. Transient outdoor businesses shall be permitted ed in a safe and legal manner, will not disturb the peace only in a C-2 zoning district or a zoning district less and quiet of the neighborhood and will not constitute an restrictive than C-2, unless located upon property owned undue burden on city resources, and occupied by a church and/or school, which church or E. If all the requirements established in this section school is either a legal or legal nonconforming use of are not fulfilled, the city manager or designee shall deny such property, and the ~ansient outdoor business is locat- the permit. The city shall mail notice of such denial to ed no less than three hundred feet from the property line the business owner at the address stated on the applica- of any residence. tion for the permit` (Ord. 3916 (part), 1999: Ord. 3806 G. The business owner shall comply with all state § I (part), 1997) and federal laws, and local ordinances. H. The business owner shall not conduct any busi- 5..q6.032 Fee. ness.on landscaped areas. The applicant shall pay a fee not to exceed the cost of I. The business owner shall not display any prod. processing any such application and inspecting such ucts for sale or advertisement on fences, walls, trees, business as authorized in Chapter 3.70; provided, bower- signs, or any other permanent structure on the property. er, that the fee requirements of this chapter shall not J. The business owner shall provide waste recepta- apply to fundralsing activities by schools and by bona cles for the business customers' use. (Ord. 3916 (part), fide charitable, fraternal, civic and social institutions. 1999: Ord. 3806 § 1 (part), 1997) (Ord. 3916 (part), 1999: Ord. 3806 § 1 (part), 1997) 5-%.050 Revocation. 5.56.040 Regulations. Any permit issued pm3uant to this chapter may be A. No peflnit bolder shall shout, mak~ any outc~/, immediately revoked by the city manager or designee blow a horn, ring a bell or use any other sound device whenever it is determined: including an). ioudspealr~:r, radio or amplifTing syst~n A. That misrelxe,~tttions wcr~ made on thc a~li- where sound of sufficicat volume is emitted or produced cation; or therefrom capable of being plainly heard upon the streets, B. That the business owner or any manager of the alleys, parks or other public places, transient outdoor business has been convicted of a c~ifne B. Any permit issued pusnant to this chapter shall substantially rehted to the qualifications, functious or be oon~rm~st'erable, and shall be valid only for the roi- duties of tbe transient outdoor business for which applica- lowing: tion is made, unless he h~ obtained a certificate of L For the applicant identified on such permit: rehabilitation; or 2. For the site on the property identified on such C. That the business owner or any manager of the permit; Innsicnt outdoor business has done any act involving 3. Until the earliest occun~n~ among thc following dishonesty, hud or deceit with the intent to substanthlly events: thc lapse of the expiration d_,_~_e sated on the benefit himself'or another, or substantially injur~ another; permit; thc termination of the m2thori,~r~on required in or subsection (A)($)(b) of Section $.,56.030; the I_n_;_p~,c of thc D. That any of the terms or conditions of the permit maximum consecutive days allowed by this chapter after or regulations under this chapter have been violated, or REcE';VED: 4/24/03 2:27PM; ->CZTY OF BAKERSFTELO; #662; PAGE 556.050 that the transient outdoor business has been operated in violation of local ordinance, state or federal law; or E. That the transient outdoor business is inte~erin$ with the pace and quiet of the neighborhood; or F. That the safety of persons or re~l or [~'sonal prol~rty requires such revocation; or G. That due to circumstances changing during tl~ life of the permit, one or more of the conditions for issuance of a permit under Section 5.56.031, is not being satisfied; or H. That the property owner, m lessee transferred or assigned his, her or its interest in the prope~y or the manager has been changed or II~ city manager or designee receives notification thereof; or I. That the business owner, after learning of a transfer or assignment of an interest in the property or a change of manager failed to notify the city manager or designee within two days of le~tiag of the Iransfer, assigm~ent or change. (Ord. 3916 (part), 1999: Ord. 3806 § I (part), 1997) S.S6.060 ~tppe~. A. Should any business owner be dissatisfied with any of the conditions attached to the ~uance of a pe~nit, or the decision of the city manai~er or desilp~ee to deny or revoke a permit then said business owner may, no later than ten days after notice of such decision is deposit~ in the United States mail, addres.~ to the ~ own- c~ at the address provided on the application, make writ- ten objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear such objections at a regular meeting no Inter than ~ week~ followinl~ the §ling of the objection with the city clc~k. The business owner shall be given wriuen notice no less than three days ~ to s~ch heari~ The council may, upon such hearing, sustain, suspend cr overrule the deci- sim of the city m~.oer or designee, which deci~'on shall B. Pending the hearing before ~e council, the deci- sion of the city manager or designee shall remain in ~ force and effect and any reva~al thereof by the city council shall not be reeoactive but shall take effect as of the date of the council's decision. (Ord. 3916 (part), 1999: Ord. 3806 § I (part), 199'/) ' 262-1 t~tn~'-'d ~-~ B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM Janua~ 29,2003 TO: ALAN TANDY, CITY MANAGER FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST III ~-~ ~ SUBJECT: DBA PROPOSED BEAUTIFICATION At the Committee's direction, staff met with DBA representatives to discuss issues of downtown beautification and encroachment permit issues. Represented at the meeting was the DBA as well as City staff from Public Works, Development Services, City Manager's Office and the City Attorney's Office. Mr. Simpson was invited to the meeting but was not in attendance. After discussion, DBA representative Cathy Butler indicated she would discuss with her members and board the opportunities for having a property owner of a building (as opposed to individual shops) applying for encroachment permits. Development Services Director Jack Hardisty would contact Mr. Granville to further discuss any issues or concerns. In later contact with Ms. Butler, she indicated she would like to further discuss at the Committee meeting issues on encroachments, planted pots, and sidewalk seating. P:\L&L\M0304252-DBA B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM January 29,2003 TO: ALAN TANDY, CITY MANAGER SLATER, ADMINISTRATIVE ANALYST III ~ FROM: TRUDY SUBJECT: SUPPORT FOR LEAGUE OF CALIFORNIA CITIES' ACTION FOR BE'ri'ER CITIES "SAVE OUR SERVICES" RESOLUTION At the Council meeting of March 26, 2003 the Legislative and Litigation Committee was asked to consider presenting a resolution to the Council in Support of the League of California Cities Action for Better Cities "Save Our Services" program. The League has requested cities pass a resolution of support for the Action for Better Cities "Save Our Services" programs. The League Board created the Action for Better Cities (ABC) to advocate voter approval of constitutional protection of city services and revenues and the possible sponsorship for a statewide ballot measure for this purpose. The ABC's "Save Our Services" program is a mechanism to finance the cost of any statewide ballot measure campaign for the purposes of preserving and protecting city resources and opposition to ballot proposals that reduce local democratic control of local services and revenues. The Save our Services Fund allows city employees, on a voluntary basis, to authorize payroll deductions to help build this fund that can be used by the League to pay for the costs of a statewide ballot measure and other efforts designed to strengthen constitutional protections for local revenues. The attached resolution would indicate the City's support for the Action for Better Cities: "Save Our Services" program. The passage of the resolution, as indicated by the League, could serve as a first step in setting up a voluntary employee payroll deduction program for the Save Our Services Fund. P:%&L\M0304251-SOSFund Mayors and Council Members Department Newsletter Winter 2003 "SOS" Support Grows Among California Cities Thank you! ... to the growing number of Califomia cities who have passed resolutions* as a first step to setting up voluntary payroll deduction programs for the Save Our Services (SOS) Fund. The programs allow city employees, on a voluntary basis, to authorize payroll dedUCtions to help build a fund that can be used by the League to pay for the costs of a statewide ballot measure and other efforts designed to strengthen constitutional protections for local revenues. '~_is growing fUnd says we're serious about protecting local services", said League Executive Director Chris McKenzie. "Now more than ever, as we gear up for another year of working to keep the state from seizing local resources, we need to prepare to challenge the fiscal status quo which leaves local services vulnerable to a state government that has no limits. "My sincere thanks go to all the cities who are contributing to this effort." APPLE VALLEY ]EMERYVILLE =MORGAN Ifil ! !SIGNAL _.I~!.,,l- ._ . i NOVATO ..... ~ STOCKTON BE.~?.NT ]FORT BRAGG i OAKT SY ..................................... I ................... ~: ....... i ..................... -., ................................. ........ .._ - i TraC¥ BUELLTON =FOSTER CITY' __.:]PARAMOUNT :1 ~ PINOLE ........................... ........... ct.ows .... ] WOOD . ]r. ocxI. t __: ......... .................... CORTE MADERA LINCOLN ] SAN BERNARDINO WEST SACRAMHNTO DAVIS IAVERMOP,,E t SAN CARLOS WILLIAMS DELANO LOMPOC ISAN LUIS OBISPO WINTERS DINUBA MERCED i[SAN RAFAEL YUBA CITY DUARTE * Additional cities may have passed resolutions. This list reflects cities whose resolutions have been received by the League. I_naeue of California Cities Page 6 CENTRAL CALIFORNIA MAYORS CONFERENCE RESOLUTION 2003-2 SUPPORT FOR THE LEAGUE OF CALIFORNIA CITIES' ACTION FOR BETTER CITIES: SAVE OUR SERVICES PROGRAM WHERE.AS, city leaders are in a position to make decisions governing local affairs, educate the citizenry as to the benefits of strong local government, and advocate on behalf of cities; and, WHEREAS, measures enacted through the legislative process, as well as by statewide ballot initiatives, over the past 20 years have produced the unintended consequences of destabilizing city finances and have weakened the ability of city residents to govern local affairs through their elected community representatives; and, WHEREAS, the state of California is' currently using over $800 million each year in city property tax funds to balance the state budget; and, WHEREAS, the California Legislative Analyst's Office has projected that the state is facing a structural budget deficit of over $10 billion per year over the next ,.,~"' five (5) years, and city services and revenues 'are at dsk of further state raids; _.. and, WHEREAS, the League of California Cities (LCC) is currently conducting research on various ways to secure constitutional protection of city services and revenues and may sponsor a statewide ballot measure for this purposeter; and, WHEREAS, Action for Better Cities was created by the Board of Directors of the LCC to advocate voter approval of constitutional protection of city services and revenues and opposition to ballot proposals that reduce local democratic control of local services and revenues; and, WHEREAS, Action for Better Cities has established the "Save Our Services" (SOS) Fund to finance the cost of any statewide ballot measure campaign to preserve and protect city services and revenues; and, WHEREAS, elected and appointed city officials and employees have the opportunity to provide leadership in Action for Better Cities through voluntary financial contributions to the "SOS" Fund; and, WHEREAS, the expenditure of monies in the "SOS" Fund shall be limited and dedicated to ballot measure campaigns that are designed to specifically strengthen the services and revenues of city governments. NOW, THEREFORE, BE IT RESOLVED that the cities represented at the Central California Mayors Conference support and help promote the League of .-.--., Califomia Cities' Action for Better Cities: Save Our Services Program. THE FOREGOING WAS ADOPTED, by action of the Mayors in attendance at the Central California Mayors Conference in Stockton, California on March 14, 2003. B A K 'E 'R .S F I.E I,'.O OFFlCI: OF THE CITY MANAG£R MEMORANDUM : Apdl 8, 2003 TO: Alan Tandy, City Manager FROM: John W. Stinso~l'~ssistant City Manager SUBJECT: Ambulance Service Level ' In response to your question regarding ambulance service level, section 5.10.125 of the Muhicipal COde (attached) requires "all permit holders in the city of Bakersfield shall respond to calls for ambulance service with paramedic.staffed and equipped ambulances (Advanced Life Support 'ALS" service) within the city of Bakersfield.' Transportation done by medi-van which is not technically an ambulance and not regulated by the city would not have this requirement. Further, ambulances not covered by our ordinance i.e. transport from outside the city 'to points within the city or from hospitals, licensed nursing homes, and certified extended care facilities located in the city to points outside the city, would not be required to provide ALS service. It is my recollection that the BLS service charge remained in the rate schedule at the request of the ambulance providers because although they may respond .with ALS service to all calls, certain governmental agencies only allow reimbursement for charges for a BLS service level of service in certain instances. TherefOre, they needed a rate established for BLS service. $:~JOHNY3rolects~MvlBV~tbulance ~en~e I~v~l_rlne. Ch _a~ter ~.10 AMBU~ ~.10.125 Level of ~rvloe. All permit holders in ltm city of Bakersfield ~lll respond to all calls for ambulance service with paramedic.staffed and equipped ambulances (Advanced Ufe Support "ALS" serv~e) w~hin the.C~y of BakerSftekl. (Ord. 363e § ~, ~ee6) Cha~ter 5.10 AMBu~ Nq~.;.~ 5.10.010 Deflnitlon~. B 'Ambulance business' ~ .... ,~._.,~,..~_~__u~? .pnma~. ~j to lxan~..IXXt, move or convey a sick or in u~:ed · ,,,~.m~ me ;us~e,~ ] person. ambulance defined aa in aubaection A of thb ~.~, rog, operaung, m.anaging or maintaining aa principal or agent an ¢. Ambumance men,ice meanm 8ecb;o~ 5.10.120. changea any change, fare or other conakleration for ambulance service a~ set forth in the provlaio~a ~epmr aha which certificate ham not been revoked. · -.~ ~, u~ ~,mu~uu~ me r. my, except me lmnaportalion from ho~ itals I nursing home~, and certified extended care facilitlee located in ~ ..,....- ~, ............ P , icenaed 7.$~.010) -z ....,,,,-~ ,~,~a,~,auve. tufa. uek'~ § 1, 1005: Ord. :L~45 § 1, 1'g8~: prior code §