HomeMy WebLinkAboutAPR - JUNE 1985Bakersfield, California, April 1, 1985
Minutes of
City of Bakersfield, California,
of City Hall at 12:00 Noon, April
The meeting was called
followed by the Pledge of Allegiance and
Councilman Rollie Moore.
The City Clerk called the roll
Present: Mayor Payne.
Absent: Councilman
a special meeting of the Council of the
held in the Council Chambers
1, 1985.
to order by Mayor Payne,
Invocation by
as follows:
Councilmen Christensen (seated at
12:05 P.M.), Dickerson,
Moore, Ratty, Rockoff,
Barton
Childs
CLOSED SESSION
Upon a motion by Councilman Barton,
the Council
recessed to a Closed Session at 12:10 P.M., for the purpose
of discussing Labor Relations and City Attorney's Performance
Evaluation. The special meeting was reconvened at 2:00 P.M.
RECESS
Upon a motion by Councilman Christensen, the meet-
ing was recessed at 2:02 P.M., until Wednesday, April 10,
1985, at 12:00 Noon, for a Closed Session regarding Labor
Relations and City Attorney's Performance Evaluation.
ATTEST:
MAYOR of the City of B'akersfield, Calif.
ACTING'CIT~ '
CLERK and Ex Office Clerk of the
Council of the City of Bakersfield, California
CW
Bakersfield, California, April 10, 1985
Minutes of a recessed meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 12:00 Noon, April 10, 1985.
The ineeting was called to order
by the Pledge of Allegiance and Invocation
by Mayor Payne, followed
by Councilman Moore.
The City Clerk called the roll as follows:
Present: Mayor Payne. Councilmen Dickerson, Moore, ]~ockoff, Barton,
Christensen
Absent: Councilman Ratty, Childs
CLOSED SESSION
Upon a motion by Councilman Barton, the Council recessed
to a Closed Session at 12:01 P.M., for the purpose of discussing
Labor Relations and City Attorney's Performance Evaluation. The
special meeting was reconvened at 2:00 P.M.
Councilman Moore stated there was unanimous action taken
by the Council recommending that the remaining 2% PERS employee
contribution be approved for all Police Department Management and
Supervisory Personnel. Also, commencing with future negotiations
the PERS employee contribution be considered in the salary sched-
ule for all employees.
Councilman Moore stated that unanimous action was taken
for the seven Department Heads, with the exception of l?olice, Fire
and Public Works, will receive a 5% increase in salary; that the
Police, Fire Chiefs and Public Works Manager receive a 7½%
increase, and the Police Chief only receive 2% towards the PERS
employee contribution.
Assistant City Manager Russell clarified the first
action taken by the Council. He stated there was more to the
action than just the PERS contribution, in that the City would
follow the same across-the-board and adjustments for Police, as
was given to the Police Unit; and the same salary across-the-board
and adjustments be given to the Fire Department Management, that
was given to the Supervisory and Fire Unit.
Bakersfield, California, April 10, ]985 - Page 2
Councilman Moore stated the motion ws to accept staff's
recommendation and the PERS part was added as depicted on the
charts. Those charts were entered into the public record.
Assistant City Manager Russell stated there will be
official action forthcoming for adoption at the April 24, 1985,
Council meeting.
Councilman Dickerson clarified that PERS delt with the
Police Department only.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 2:05 P.M.
MAYOR of the City of Bakersfield, Calif.
ATTEST:
ACTING CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, California
ew
Bakersfield, California, April 10, 1985
3
Minutes
of Bakersfield, California, held in
Hall at 7:00 P.M., April 10, 1985.
The meeting was called to
of a regular meeting of the Council of the City
the Council Chambers of City
order by Mayor Payne, followed
None
Upon a motion
Absent:
by Councilman Christensen, Minutes of the
13, 1985, Regular Meeting of
April l, 1985, were
Special Joint Public Hearing of March
March 20, 1985, and Special Meeting of
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Richard Spindler, 2200 Wible Road, Promotional
Coordinator for Roller Towne Skating Center, stated he is sponsor-
ing an eight-hour Skate-A-Thon as a March of Dimes Fundraiser, and
is seeking the Council and Community's support. The Skate-A-Thon
is to raise money to guard against birth defects. He also
requested support of the Council and Community for the Southwest
Pacific Coast Regional Championships, which is a qualifying meet
for the National Championships. This has been held in Bakersfield
for the past twenty-five to thirty years, and there is some threat
of it being moved to San Francisco or
lack of local community support. He
Councilmembers a pass to the Regional
through July 7, 1985.
Los Angeles, because of a
further offered
Meet to be held from June 29
Councilman Barton requested staff
Bureau on behalf of Mr. Spindler relative to
organization is having in attempting to keep
Championship located in Bakersfield.
Ms. Sue Ramos, Community Coordinator
Dimes stated that 40% of monies earned are used
Bakersfield community.
contact the Convention
the difficulties his
the Regional
for the March of
here in the
by the Pledge of Allegiance and Invocation by Reverend David
Campbell of the College Heights Congregational Church.
The City Clerk called the roll as follows:
Present: Mayor Payne. Councilmen Dickerson, Moore, Ratty,
Rockoff, Barton, Childs,
Christensen
Bakersfield, California, April 10, 1985 Page 2
Ms. Marian Bradshaw, 5301 Marina Drive, stated she and
eight other property owners present tonight, live within a quarter
of a mile radius of a drilling r}g erected by Western Continental
Operating Company on Stine Road behind
Church. She provided pictures of the r
zoned A-I, adjacent and adjoined
both in the City and County. She
the Wayside Christian
ig, located on property
to res|dential properties located
stated the property owners real-
ize it is important to drill for oil for this country to stay
self-sufficient and that the oil companies and oil related indus-
tries play a major role in the monetary gains of Kern County. She
expressed her gratitude to Councilman Dickerson and others in City
and County offices who have shown sympathy in hearing and consid-
ering the property owners situation.
Ms. Lisa Smith, 5113 Marina Drive, stated she and her
husband own property located between the two rigs operating at
this time. She became involved in this issue during the last week
of March, at which time Western Geophysical Company was on Pacheco
Road sounding for oil. The distance covered was well over two
miles, between Stine and Cottonwood Roads. The vibrations contin-
ued for almost a half hour. She stated she was a quarter of a
mile from Pacheco Road and did not receive a notice that the test-
ing was going to be done. She requested that an area be defined
where the notices are to be sent. She feels that if the vibration
can be felt a mile away, those people should be notified of what
is going to happen.
Ms. Marian Bradshaw further stated, that after contact-
ing Western Continental Supervisor, Mr. Rex Young, Mr. Baron and
Mr. Rippy, an open discussion was held in her home with Messrs.
Young, Baron, and Rippy, and several home owners in the area dur-
ing the last of March.
agreed upon with these
would eliminate a large
was the major complaint.
eliminate the noise by:
During this discussion, it was decided and
three gentlemen, that Western Continental
amount of the noise and vibrations, which
Western Continental indicated they would
replacing the brakes on the drilling
Bakersfield, California, April 10, 1985 - Page 3
unit; installing more sound proofing; and discontinuing the truck-
ing and piping supplies during evening hours between 10:00 P.M.
and 7:00 A.M. After speaking with Mr. Young on April B, 1985, the
breaks had admittedly never been changed. He indicated that after
speaking with people on their board, it was unfeasible and too
expensive. The trucks, since that time, have been seen going in
and out after 11:00 P.M. With the problems directly associated
with the drilling rigs themselves, she referred to a report from
Mr. Thieessen of the Kern County Health Department, in which he
indicates the noise level is way above the City, County and State
levels. In addition to the recommendations listed in his report,
he also stated to her on the phone the residents had no legal
recourse for the violations that are being committed. The prop-
erty owners, therefore, in respect to the City and County stan-
dards already in affect, and in consideration of families in the
neighborhood, suggested the following to alleviate the noise:
1. Limiting trucking of piping supplies and
oil to the hours of 7:00 AiM. to 10:00 P.M.;
2. Follow Mr. Thieessen's recommendations to limit
drilling to daytime hours or one of the other
options presented by Mr. Thieessen;
3. Request the City or County make spot checks moni-
toring the decibel levels at least twice per
month.
If the decibel levels are in excess of the stan-
dards, we asked that fines be imposed and if viola-
tions continue, drilling be stopped until corrective
measures are taken.
Mr. Mark Bradshaw, 5301 Marina Drive, expressed his con-
cerns regarding oil rigs located adjacent to residential areas and
submitted petitions from property owners in the neighborhood of
Stine Road, Marina Drive and Woodmere Drive requesting deletion
from the allowed uses in A Zone the drilling for the production of
oil, gas and other hydrocarbon substances.
Ms. Lisa Smith stated that Western Continental was
issued a forty-day permit, therefore that particular rig will be
gone soon. The neighbors' concerns at this point are not the two rigs
mentioned tonight specifically, but the area in general. The prop-
Bakersfield, California, April 10, 1985 - Page 4
erty owners are not trying to shut out the exploration of oil, but
would like to see some kind of restrictions imposed in order to
allow a peaceful, livable neighborhood while production is going
on.
Louri
Drive,
areas.
Young,
Ms. Marian Bradshaw also submitted letters from Ms.
Jackson, 4512 Sugarcane; and John Haberkern, 5201 Marina
requesting restrictions on drilling rigs in residential
In answer to a question by Councilman Barton, Mr. Rex
Vice President of Western Continental Operating Company,
4223 Hasti Acres, stated it is unknown how much oil reserves will
be available at this location, therefore, it is economically
unfeasible to build a soundproof monument. Upon receiving a per-
mit from the Planning Department to drill at this location, his
company received a long list of regulations and restrictions, most
of which are directed at assuring the safety and freedom from
annoyance in the neighborhood. He felt his company had complied
with those restrictions to the best of their ability. The pro-
posed drilling depth has been reached. If the company is pleased
with what they find, after running pipe, a pumping unit will be
installed and no further drilling will take place.
In answer to a question by Councilman Rockoff in refer-
ence to seismic studies conducted in residential neighborhoods,
Public Works Manager Hawley stated one of
permit is that someone be on duty during
property owners be notified prior to any
the conditions of the
testing and that adjacent
testing. He further
stated his office did not receive more than three or four com-
plaints during the entire operation.
In answer to a question by Councilman Dickerson, Mr. Rex
Young of Western Continenta! Operating Company, stated his company
has a one-year permit for drilling operations. He stated his per-
mit is worded to the effect, "having been granted a permit, our
company was given so many days to commence operations and proceed
with operations." The permit is a little general and is not just
a drilling permit. It is a permit by the Building Department to
Bakersfield, California, April 10, 1985 - Page 5
7
conduct building operations. The ordinance attached to the per-
mit apply directly to oil drilling.
City Attorney Oberholzer stated he does not have the
permit, however, the ordinance provides that the drilling opera-
tions must be commenced within ninety days and completed in a dil-
igent manner, at which time the company must either terminate the
operation or start a pumping operation. Also, there is a surety
bond posted in the amount of $2,500 with the City. It is gener-
ally felt that if a rig fell over, it would fall on the company's
property, and not on adjacent property. The surety bond is pro-
vided in the event there is some kind of an incident with an oil
spill.
In answer
to questions by Councilman Dickerson, Mr. Rex
Young stated his company has not seen the report from the Kern
County Health Department. He would be willing to look at the
report and discuss the issue with the City.
In answer to a question by Councilman Dickerson, Marian
Bradshaw stated it is a general consensus of her neighbors and
herself that they wish to try to prevent this kind of thing from
happening again. The neighbors are not trying to shut down this
well. It does not appear there is anything that can be done at
this point on this well. The neighbors would like to see
the zoning laws changed so that drilling rigs are not allowed so
close to residential areas in the future.
Mark Bradshaw stated if the company could operate during
reasonable hours and not around the clock it would help the adjacent
residential areas.
Councilman Dickerson stated his concerns regarding time
spent by the Staff and Council on issues such as seismic studies
and drilling operations. Resolving these issues is a cost to
the City, and these expenses should be reimbursed. The permit
process should
the permit over
ther suggested
incurred
include a public hearing instead of just obtaining
the counter in the Building Department~ He fur-
that staff review the permit process and expenses
by the City.
Bakersfield, California, April 10, 1985 - Page 6
Councilman Dickerson suggested the process for obtaining
drilling rig operation and seismic study permits be referred to
staff or an appropriate committee for study.
Deputy City Manager Strenn stated it is staff's inten-
tion and seemed to be Mrs. Bradshaw's desire that the City look at
both the situation at hand and other instances such as this. It
appears there are drilling operations in other parts of the City
and County which do not have a problem. The problem in this
instance is the proximity to residential areas. It is also felt
the Planning Commission might like to review this issue.
Councilman Childs made a motion to refer the issue of
drilling rig operation and seismic study permits to staff for
study and recommendation.
Councilman Dickerson stated that along with Mrs.
Bradshaw, Mr. Rex Young should be invited to participate in the
discussion relative to this issue.
Upon a motion by Councilman Childs, the issue of drill-
ing rig operation and seismic study permits was referred to staff
for study and recommendation, and that Mrs. Bradshaw and Mr. Rex
Young be included in the discussion. This motion was unanimously
approved.
Upon a motion by Councilman Rockoff, staff was directed
to communicate in writing with the companies doing seismic
testing, that if the City receives any further unresolved
complaints, their permit would be pulled. Councilman Christensen
voted in the negative and qualified his vote indicating notifica-
tion to property owners should not include earthquakes.
Ms. Beth Friedman, President of Kern County Crime
Prevention Task Force, stated their organization is volunteer and
non-profit involved in educating the community in the prevention
of crime. She submitted letters of endorsement from Sheriff
Kleier and Police Chief Price. As part of their effort to educate
the community, they are holding a Crime Prevention Fair on Sunday,
September 8, 1985,
either at cost or
tion does not have
and requested the use of the Civic Auditorium
the initial fee. She indicated their organiza-
funds or conduct fund raising activities.
9
Bakersfield, California, April 10, 1985 - Page 7
Upon a motion by Councilman Childs, request by the Kern
County Crime Prevention Task Force for use of the Civic Auditorium
at cost or for the initial fee, was referred to the Auditorium and
Recreation Committee.
Councilman Moore stated through Ms. Friedman's unilat-
eral efforts and spending many hours of her own time, with dedica-
tion to this community, she has been able to obtain a grant
through the State of California in the amount of $75,000 so we can
proceed in our community with a crime prevention unit. She has
been instrumental through the years, working with the Neighborhood
Watch Program, and it was through her interest and outgrowth of
that program that she has been able to obtain this grant from the
State.
Upon
Lawton Powers,
April 2, 1985,
CORRESPONDENCE
a motion by Councilman Rockoff, communication from
1800 30th Street, Suite 101, Bakersfield, dated
requesting General Plan Amendment for commercial
use of property located on the corner of Bernard Street and Alta
Vista Drive was received and referred to the Planning Commission
for study and recommendation.
Upon a motion by Councilman Rockoff, communication from
Carrie C. Mendenhall, 405 Pauley, Tehachapi, supporting annexation
of "Rexland Acres" (Pacheco and Highway 99 East), to the City of
Bakersfield, was received and referred to the Planning Department
for study and recommendation.
COUNCIL STATEMENTS
Councilman Christensen thanked City Manager Caravalho
and Finance Director K]imko for the report regarding City income
and sources of investments.
In answer to a question by Councilman Christensen,
Finance Director Klimko stated there is an analysis done daily on
cash flow and monies are invested on a daily basis.
Bakersfie]d, California, April 10, 1985 - Page 8
In answer to question by Councilman Barton, Public Works
Manager Hawley stated it will not be known for a few days whether
the City has moved up from Priority 10, on the "H" Street
Underpass Project.
Councilman Ratty nominated Mr. David Cohn, 2493 Beech
Street for appointment to the Planning Commission.
Councilman Ratty made a motion to close nominations to
fill the vacancy on the Planning Commission. This motion was una-
nimously approved.
Councilman Ratty made a motion to appoint Mr. David
Cohn, 2493 Beech Street, to the Planning Commission, term expiring
April 17, ]987. This motion was unanimously approved.
Councilman Ratty made a motion to accept the map of the
proposed ward boundaries and refer to Staff for preparation of
appropriate documents. This motion was unanimously approved.
City Manager Caravalho announced that effective April
ll, ]985, Carol Williams will be appointed City Clerk, to replace
retiring City Clerk, Marguerite Anderson.
Councilman'Moore made a motion to refer to the
Legislative Commitee for review and comment back to the Council
for possible support, SB 290, which is the Fran Bill on
Transportation. He further stated the Board of the League of
California Cities, Supervisors Association, California Council of
Governments and Californians for Better Transportation are all
supporting the concept of this legislation. This motion was unani-
mously approved.
Mayor Payne read a letter from Congressman William M.
Thomas, dated April 9, 1985, notifying the City of Bakersfield
that the requested $2 million in Federal Aviation Administration
airport acquisition funds for Bakersfield Airpark has been
approved, subject to the additional non-federal contributions to
the project of 10% of the grant amount. Mayor Payne personally
thanked Congressman Bill Thomas for his diligence and assistance
to our community, City Staff, Mr. Dave Kennon and particularly
Councilman Barton, who has dedicated the past seven years to this
project.
Bakersfield, California, April 10, 1985 - Page 9
Mayor Payne read a letter from Mr. Gary Hutchinson, Pro-
ject Coordinator, 3500 Stine Road, Bakersfield, announcing the
three Bakersfield Longs Drug Stores, in conjunction with the
National Play It Safe Program, will be sponsoring a "Play It Safe
Day". This is a child identification program which is free to all
participants, and will be held on May 18, 1985 from 9:00 a.m. to
5:00 p.m., at each Longs Drug Store.
Mayor Payne announced his appointment of Mr. Henry
CarJan, dispensing Optician of the Valley Optical Boutique, 2227
19th Street, to the Kern County Economic Opportunity Corporation
Board of Directors, effective immediately.
Mayor Payne declared a brief recess at 8:40 P.M. and
reconvened the meeting at 9:00 P.M.
Councilman Rockoff stated, in reference to the Enterprise
Zone, Councilman Barton expended persona! funds to travel back
East to lobby for these funds. He suggested this was ~noney was well
spent for the City and not specifically for Councilman Barton, and
wou!d like to see the Council authorize reimbursement for the
expense he incurred.
Councilman Barton stated he appreciated Councilman
Rockoff's comments. He stated he made the trip because he wanted
to, and since the Council has a policy of prior approval, and he
took the trip without the prior approval of the Council, it should
be his expense and he will not ask for reimbursement.
Councilman Rockoff stated it was his understanding of
the policy, a request can be made for reimbursement after the
fact. Based on the Council's wishes, a request can be either
accepted or rejected. He did not feel it was a violation of the
policy.
Mayor Payne stated
encouraged Councilman Barton
sement.
Councilman Childs stated it
Councilperson could incur expenses at
the opportunity to submit a voucher
Councilman Barton to reconsider.
he agreed with Councilman Rockoff and
to submit his expenses for reimbur-
was his understanding that a
his own risk, but would have
for those expenses. He urged
Bakersfield, California, April 10, 1985 - Page 10
Councilman Christensen stated he did not see a need for
circumventing the rules of the Council.
Mayor Payne stated the policy provides for after-the-
fact reimbursement of a Councilmember's expenses.
Councilman Christensen requested the original documenta-
tion regarding reimbursement for expenses.
Mayor Payne requested the information on reimbursement
for Councilmembers expenses be provided to the Council prior to
the next Council meeting.
CONSENT CALENDAR
The following items were listed on the Consent
Calendar:
Allowance of Claims Nos. 5455 to 5852, inclu-
sive, in the amount of $2,372,316.20.
Claim for Conversion of Personal Property from
Mary Mullen, 717 E1 Toro Drive, Bakersfield.
(Refer to City Attorney)
Claim for Damages from Christopher Scott
Graviss, 3925 Balboa Avenue, Bakersfield.
(Refer to City Attorney)
Claim for damages
6808 Wilson Road,
Attorney)
from William Larry Keene,
Bakersfield. (Refer to City
eo
Claim for Damages from Joseph Doyle Cox, 8200
Kroll Way #185, Bakersfield. (Refer to City
Attorney)
Street Right-of-Way Deed from Tenneco Realty
Development Corporation providing for dedica-
tion of a portion of Wible Road, north of the
Southern Pacific Railroad tracks, to allow
widening to full width.
Street Right-of-Way Deed from Mary D. Marerich
providing for dedication of a portion of Wible
Road, north of Wilson Road, to allow widening
to full width.
Road Easement from Presidio Savings and Loan
Association providing easement for public road
purposes, as required by the Planning
Commission for Tract 4776 located on the west
side of South "H" Street between White Lane
and Pacheco Road.
Water Line and Sewer Line Easements from
DSL/Griffith II, a General Partnership provid-
ing easements for water lines and sewer lines,
as required by the Planning Commission for
Parcel Map 7481, located at the southwest cor-
ner of Rosedale Highway and Camino Del Rio
Court.
Bakersfield, California, April 10, 1985 - Page ll
Map of Tract No. 4734, Units 1, 2 and 3,
Improvement Agreements for the construction
improvements therein, and Grant Deed for a
drainage basin site located at the northeast
corner of Pacheco Road and Hughes Lane.
of
Map of Tract No. 4578, Units C and D and
Improvement Agreement for the construction of
improvement therein located within the Rio
Bravo Ranch Golf Course Facility.
Improvement Agreement for Parcel Map No.
7332; Easements for public roads, storm
drain, sewers and access; and Grant Deed
for a drainage basin site for Parcel Maps
7331 and 7332 with Tenneco Realty
Development Corporation for the construc-
tion of improvement required by the
Planning Commission with Parcel Map No.
7332, located on the west side of Gosford
Road between Laurelglen Boulevard and
South Laurelglen Boulevard.
Notices of Completion and Acceptance of
Work on:
Reconstruction of Stine Road from Panama
Lane to Pacheco Road, Contract No.
84-244.
Shalimar Storm Drain, Phase I, Contract
No. 84-175.
Resurface Planz Road Stine Road to
Wible Road, Contract No. 84-271.
Tract No. 4601, Contract No. 84-111,
located east of Old River Road and south
of White Lane.
Plans and Specifications for construction
of metal beam guardrail at Truxtun Avenue
and Freeway 99, and Stockdale Highway at
Kern River Bridge.
Plans and Specifications for relocation
of traffic signals at Union Avenue and
Planz Road.
Plans and Specifications for traffic sig-
nal modifications on Niles Street, Eye
Street and 19th Street.
Plans and Specifications for the instal-
lation of Impact Attenuators (crash
cushions) on Truxtun Avenue Bridge at
Union Avenue.
Plans and Specifications for resurfacing
portions of Sundale Avenue.
Plans and Specifications for pavement
repairs on Stockdale Highway from Cal
State Bakersfield to Kern River Bridge.
Contract between the City of Bakersfield
and Steve Williford to provide tennis
lessons.
Bakersfield, California, April 10, 1985 - Page 12
and Bakersfield Officials' Association.
Agreement between the City of Bakersfield
Upon a motion by Councilman Rockoff,
e, f, g, h, i, j, k, l, m, n, o, p, q, r, s, t
sent Calendar, were approved by the following
Ayes: Councilmen Dickerson, Moore, Ratty, Rockoff,
Childs, Christensen
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Moore,
and Myers, Inc., in the amount of $4,220.92,
Items a, b, c, d,
and u of the Con-
roll call vote:
Barton,
low bid of Robbins
for Wastewater Sludge
Pump Parts, was accepted and the other bid rejected.
City Manager Caravalho stated Staff wished to change
their recommendation on the next item because All Pure Chemical
Company, Inc. has contacted the Purchasing Officer requesting
their bid be withdrawn, due to their not fully understanding the
terms of the invitation to bid. The normal process of opening and
accepting this particular bid has been prolonged due to the evalu-
ation of chemicals bid by All Pure Chemical Company. The evalua-
tion process has caused the City to go beyond the thirty day bid
guarantee period required of vendors submitting bids. Due to the
fact the thirty-day bid price guarantee has elapsed, Staff recom-
mends Council allow All Pure Chemical Company to withdraw their
bid and award the entire bid to the next lowest bidder, BC
Chemicals. BC Chemicals has indicated they would honor their bid
price beyond the thirty-day period.
Upon a motion by Councilman Moore, All Pure Chemical
Company was allowed to withdraw their bid, the next lowest bidder,
BC Chemicals, was authorized to be the primary provider of all
chemicals required, and the Mayor was authorized to execute the
contract.
Bakersfield, California, April 10, 1985 - Page 13
!5
Upon a motion by Councilman Childs, low bid of State of
California, in the amount of $13,237.90, for Four Wheel Drive
Utility Vehicle for Ag. Water, was accepted, and all other bids
rejected.
Upon a motion by Councilman Childs, low bid of Signal
Sales Company, in the amount of $5,888.30, for Traffic Signals and
Hardware, was accepted, and all other bids rejected.
Upon a motion by Councilman Christensen, low bid of
Griffith Company of Bakersfield, in the amount of $92,091.00, for
Construction of Street Improvements on Wible Road, near Pacheco
Road, was accepted, all other bids rejected and the Mayor author-
ized to execute the contract.
Upon a motion by Councilman Childs, low bid of Wholesale
Fuels, Inc., in the amount of $44,299.57, for Lubricating Products
- Annual Contract, was accepted, all other bids rejected and the
Mayor authorized to execute the contract.
Upon a motion by Councilman Barton, low bid of Don D.
Jones Contruction, Inc., in the amount of $339,534.00, for
Groundwater Recharge Area, Phase II, was accepted, all other bids
rejected and the Mayor authorized to execute the contract.
Councilman Dickerson abstained from voting.
This is the
Amendment to the Land
Area General Plan and
the following general
SEGMENT I:
HEARINGS
time set for public hearing regarding the
Use Element of the Bakersfield Metropolitan
Proposed Environmental Documents concerning
areas:
A MAJORITY OF PROPERTY OWNERS in the pro-
ject area have submitted a petition
requesting the City Counci! to amend, and
the City Council has init|ated the proc-
ess to amend the General Plan Land Use
Element designations from Commercial on
0.3 acres and High Density Residential
(17 to 45 dwelling units per gross acre)
designation on 10.2 acres to Low Density
Residential (0.5 to 5.49 dwelling units
per gross acre) fro 10.5 tota! acres
located in the general neighborhood of
Olive Street between Palm and Bank
Streets and the northern two-thirds of
Oakbank Road (private street).
Bakersfield, California, April 10, 1985 - Page 14
SEGMENT II:
Area 1 - The City of Bakersfield is pro-
posing to change the Commercial designa-
tion for 0.1 acre, the Medium Density
Residential (5.5 to 16.99 dwelling units
per gross acre) designation for 23.83
acres and the High Density Residential
(17 to 45 dwelling units per gross acre)
designation for 5.20 acres to Low Density
Residential (0.5 to 5.49 units per gross
acre) for the area generally located west
of Pershing Street to "S" Street and "P"
Street, north of 8th Street to 10th
Street and one-half block south of
California Avenue.
Area 2 - The City of Bakersfield is
proposing to change the High Density
Residential (17 to 45 dwelling units per
gross acre) designation for 28.76 acres
to Low Density Residential (0.5 to 5.49
dwelling units per gross acre) for the
area generally located south of 4th
Street to 2rid Street, west of "P" Street
to "N" Street, and the area one-half
block south of 3rd Street to one-half
block south of 2nd Street, between "N"
Street and "L" Street. Also included is
the area on the east and west sides of
"O" Street, south of 2nd Street to the
Kern Island Canal.
SEGMENT III:
AMERICAN SAVINGS AND LOAN has applied to
change the Low Density Residential (0.5
to 5.49 dwelling units per gross acre)
designation for 90.5 + acres to
Industrial for property located south of
Pacheco Road to Harris Road, west of
Freeway 99 to Wible Road.
This hearing has been duly advertised and the property
owners notified as required by law.
The Planning Commission recommended approval of Negative
Declarations for Segments II and III and recommended approval of
Segments II and III.
The Planning Commission, after a public hearing on March
21, 1985, recommended denial of Negative Declaration for Segment I
and recommended denial of Segment I, as delineated in Planning
Commission Resolution No. 35-85.
A letter has been received from State of California
Department of Transportation, P.O. Box 12616, Fresno, requesting
inclusion in the review of project proposal regarding development
of Segment III.
Mayor Payne declared the hearing open for public partic-
ipation on Segment I.
Bakersfield, California, April 10, 1985 - Page 15
The following persons spoke in support of Segment I.
Acting City Clerk Williams read a prepared statement by
Carol Benston, 211 Oakbank Road.
Nanette Gill, 200 Oakbank Road.
Mary Accord, 334 Olive Street.
The following persons spoke in opposition to Segment I.
Robert Clerico, 1718 Camino Sierra, who owns property at
3115 Oakplace.
Michael Callegy, 196 Pelham Court, spoke on behalf of
John Q. Long who owns property adjacent to the zone change area.
No further protests or objections being received, and no
one else wishing to speak in favor, Mayor Payne closed the public
portion of the hearing for Council deliberation and action.
Councilman Moore made a motion to allow the residents
who have shown a desire, to change the zoning to R-1 on Oakbank
Road.
Mayor Payne stated that at the conclusion of Council
discussion on Segment I, he would open the public portion on
Segments II and III, and motions will be entertained at the conclu-
sion of all segments.
Mayor Payne declared the hearing open for public partic-
ipation on Segment If.
The following persons spoke in support of Segment II.
Georgia Williams, 1030 Chester Place, represented citi-
zens of Lowell Addition.
Howard Berrell, 929 "Q" Street, representing citizens of
California Avenue Tract Park II, and west of Kern Island Canal in
Lowell Addition.
Manuel Williams, 1030 Chester Place.
Benjamin T. James, 1031 4th Street.
Adwena Perkins,
Cameal Whitley,
Clark Mitchell,
Barbara Donnelly,
Clayton Landers,
104 "O" Street.
400 9th Street.
416 9th Street.
137 "O" Street.
331 9th Street.
Bakersfield, California, April 10, 1985 Page 16
Dudley Stewart, 407 9th Street.
John Donnelly, 137 "O" Street.
Margaret Govea, 118 "O" Street.
Mrs. Perkins, 104 "O" Street.
The following persons spoke in opposition to Segment II.
Curtis Johnson, ]01 "O" Street, spoke in support of the
proposed agreed-upon compromise worked out with Councilman Childs.
Tennis Nichols, 3308 Wood Lane, stated he agrees with
the proponents of Segment If, in that there are too many apart-
ments in this area. However, he purchased his property located at
822 "Q" Street, with the intention of putting a smal! apartment on
the back and would like to be able to do that.
Bill Rowland, Rt. 9, Box 122, Bakersfield, owns property
219 "P" Street.
No further protests or objections being received and no
one else wishing to speak in favor, Mayor Payne closed the public
portion of the hearing for Council deliberation and action.
Mayor Payne declared a brief recess at 10:30 P.M. and
reconvened the meeting at 10:45 P.M.
Councilman Childs made a motion to support the recommen-
dation of the Planning Commission for Areas ! and 2 of Segment II,
west of Pershing and south of California Avenue area.
Mayor Payne declared the hearing open for public partic-
ipation on Segment III.
Randy Zee of Quad Consultants stated he represents the
applicant, American Savings and Loan. The applicant has reviewed
the staff reports and conditions, is in total agreement with
those conditions and would request the Council proceed to approve
the application as recommended by the Planning Commission.
No protests or objections being received and no one else
wishing to speak in favor, Mayor Payne closed the public portion
of the hearing for Council deliberation and action.
In answer to a question by Councilman Rockoff, City
Manager Caravalho stated staff has no problem with the request by
19
Bakersfield, California, April 10, 1985 Page 17
the State of California Department of Transportation requesting
inclusion in review of project proposal regarding development of
Segment III.
Councilman Moore stated that
a recommendation for a zoning change,
of the people involved. Several figures have
regarding the amount of support in Segment I.
puted, there appears to be 60% of the
before the City can accept
there must be support of 60%
been suggested
After being recom-
property owners supportive.
In that the area is so fragmented, it is his recommendation to the
people in the area to take one area at a time, and if there is
enough support to present another change in the future, bring that
change forward at that time. Councilman Moore stated his motion
would be to accept the request of those that live on Oakbank Road
only who are 100% supportive for the change from R-3 to R-1 and to
take no action on the remainder.
Dewey Sceales stated that by ordinance, to request a
change of zone, there must be 60% support to even accept the
application over the counter. However, the issue tonight is
zone change, but an amendment to the General Plan.
zoning if
Director Seeales
is 100% support
to R-1 Zoning.
not a
Councilman Rockoff stated he has no problem with a down-
100% of the people desire to be down-zoned.
In answer to a question by Councilman Rockoff, Planning
stated Planning Department records indicate there
from residents on Oakbank Road to change from R-3
Upon a motion by Councilman Moore, Resolution No. 48-85
of the Council of the City of Bakersfield making findings, adopt-
ing Negative Declaration and approving Segment I, for Oakbank Road
only, of proposed amendment to the land Use Element of the
Bakersfield Metropolitan Area General Plan (Land Use Amendment 2-85)
and direct the Planning Commission to implement the action taken
by the Council tonight, was adopted by the following roll call
vote:
Ayes: Councilmen Dickerson, Moore, Ratty,
Childs, Christensen
Noes: None
Absent: None
Rockoff, Barton,
Bakersfield, California, April 10, 1985 - Page 18
Upon a motion by Councilman Childs, Resolution No. 49-85
of the Council of the City of Bakersfield making findings, adopt-
ing Negative Declaration and approving Segment II - Area l; and
approving Area 2, with the deletion of parcels located on the
north side of 2nd Street
approximately 3,000 feet,
bounded by 2nd Street on
Kern Island Canal on the south,
proposed amendment to the Land
Metropolitan Area General PLan
adopted by the following roll call vote:
Ayes Councilmen Dickerson, Moore,
Noes Councilman Rockoff
Absent: None
Abstaining: Councilman Christensen
50-85 of
adopting
from "P" Street westerly to a point
and the eastern half of the block
the north, "P" Street on the west, the
and "O" Street on the west, of
Use Element of the Bakersfield
(Land Use Amendment 2-85) was
Ratty, Barton, Childs
Upon a motion by Councilman Dickerson, Resolution No.
the Council of the City of Bakersfield making findings,
Negative Declaration and approving Segment III of pro-
posed Amendment to the Land Use Element of the Bakersfield
Metropolitan area General Plan (Land Use Amendment 2-85) was
adopted by the following roll call vote:
Ayes: Councilmen Dickerson, Moore, Ratty, Rockoff, Barton,
Childs, Christensen
Noes: None
Absent: None
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield amend-
ing Title Seventeen of the Municipal Code
of the City of Bakersfield by changing
the land use zoning of those certain pro-
perties in the City of Bakersfield
located south of Pacheco Road to Harris
Road, east of Wible Road to Freeway 99.
The application for this amendment was made by American
Savings and Loan Association and would change subject properties
from an A (Agricultural) Zone to an M-1 (Light Manufacturing), or
more restrictive Zone.
Bakersfield, California, April 10, 1985 Page 19
The Planning Commission recommended approval of the
amendment subject to the conditions contained in Planninng
Commission Resolution No. 40-85. Those conditions were complied
with within ten days of the adoption of the Resolution.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the land use
zoning of those certain properties in the City of Bakersfield
located south of Pacheco Road to Harris Road, east of Wible Road
to Freeway 99.
First reading of an Ordinance of the City
of Bakersfield amending Title Seventeen
of the Municipal Code of the City of
Bakersfield by changing the land use zon-
ing of those certain properties in the
City of Bakersfield located in the area
commonly known as the Lowell Addition.
The application for
of Bakersfield for residents
petition requesting amendment
this amendment was made by the City
in the project area who submitted a
and would change subject properties
from a C-2 (Commercial) Zone, an R-2 (Limited Multiple Family
Dwelling) Zone, and an R-3 (Limited Multiple Family Dwelling) Zone
to an R-1 (One Family Dwelling) or more restrictive Zone.
The Planning Commission recommended approval of the
amendment to the City Council.
First reading was considered given an Ordinance of the
City of Bakersfield amending Title Seventeen of the Municipal Code
of the City of Bakersfield by changing the land use zoning of
those certain properties in the City of Bakersfield located in the
area commonly
known as the Lowell Addition.
Adoption of Resolution No. 51-85 of the
Council of the City of Bakersfield initi-
ating proceedings for the annexation of
territory to the City of Bakersfield
identified as Proceeding No. 862,
Annexation No. 294, in accordance with
LAFCO Resolution making Determination
(Panama No. 4).
This
ation of Panama No.
for May 8, 1985.
resolution initiates the proceedings for the annex-
4 and sets the date for the protest hearing
Bakersfield, California, April ]0, ]985 - Page 20
Upon a motion by Councilman Christensen, Resolution No.
51-85 of the Council of the City of Bakersfield initiating pro-
ceedings for the annexation of territory to the City of
Bakersfield identified as Proceeding No. 862, Annexation No. 294,
in accordance with LAFCO Resolution making Determination (Panama
No. 4), was adopted by the following rol! call vote:
Ayes: Councilmen Moore, Rockoff, Barton, Childs, Christensen
Noes: None
Absent: Councilmen Dickerson, Ratty
Adoption of Resolution No. 52-85 of the
City of Bakersfield providing for the
adjustment of property tax revenues upon
local agency jurisdictional change
resulting from Annexation No. 299, LAFCO
Proceeding No. 871 (Wible No. 6).
This
tribution between
Proceeding No. 871 (Wible No. 6).
at the Council Meeting of April 10,
deadline established by LAFCO.
presented
resolution sets forth the agreed property tax dis-
the City and County on Annexation No. 299, LAFCO
This resolution must be adopted
]985, in order to meet the
The Board of Supervisors will have a similar resolution
to them for their adoption this month.
Upon a motion by Councilman Christensen, Resolution No.
resulting from Annexation No. 299, LAFCO Proceeding No. 871 (Wible
No. 6), was adopted by the following roll call vote:
Ayes
Councilmen Dickerson, Moore, Ratty, Rockoff, Barton,
Childs, Christensen
Noes None
Absent: None
Adoption of Resolution No. 53-85 of the
Council of the City of Bakersfield pro-
viding for the adjustment of property tax
revenues upon local agency jurisdictional
change resulting from Annexation No. 300,
LAFCO Proceeding No. 872 (Harris No. 4).
property tax revenues upon local agency jurisdictional change
52-85 of the City of Bakersfield providing for the adjustment of
Bakersfield, California, April 10, 1985 Page 21
This resolution sets forth the agreed property tax dis-
tribution between the City and County on Annexation No. 300, LAFCO
Proceeding 872 (Harris No. 4). This resolution must be adopted at
the Council Meeting of April 10, 1985, in order to meet the dead-
line established by LAFCO.
presented
53-85 of
NO.
The Board of Supervisors will have a similar resolution
to them for their adoption this month.
Upon a motion by Councilman Christensen, Resolution
the City of Bakersfield providing for the adjustment
property tax revenues upon local agency jurisdictional change
resulting from Annexation No. 300, LAFCO Proceeding No. 872
(Harris No. 4), was adopted by the following roll call vote:
Ayes: Councilmen Dickerson, Moore, Ratty, Rockoff, Barton,
Childs, Christensen
Noes: None
Absent: None
Adoption of Resolution No. 54-85 of the
Council of the City of Bakersfield pro-
viding for the adjustment of property tax
revenues upon local agency jurisdictional
change resulting from Annexation No. 298,
LAFCO Proceeding No. 870 (Panama No. 5).
This resolution sets for the agreed property tax distri-
bution between the City and County on Annexation No. 298, LAFCO
Proceeding No. 870 (Panama No. 5). This resolution must be
adopted at the Council Meeting of April 10, 1985, in order to meet
the deadline established by LAFCO.
The Board of Supervisors will have a similar resolution
presented to them for their adoption this month.
Upon a motion by Councilman Dickerson, Resolution No.
54-85 of the Council of the City of Bakersfield providing for the
adjustment of property tax revenues upon local agency jurisdic-
tional change resulting from Annexation No. 298, LAFCO Proceeding
No. 870 (Panama No. 5), was adopted by the following roll call vote:
Ayes: Councilmen Dickerson, Moore, Ratty, Rockoff, Barton,
Childs, Christensen
Noes: None
Absent: None
Bakersfield, California, April 10, 1985 - Page 22
This resolution sets forth the agreed property tax
distribution between the City and County on Annexation No. 297,
LAFCO Proceeding 869 (Buena Vista No. 2). This resolution must
be adopted at the Council Meeting of April 10, 1985, in order to
meet the deadline established by LAFCO.
The Board of Supervisors will have a similar resolution
presented to them for their adoption this month.
Upon a motion by Councilman Childs, Resolution No.
of the Council of the City of Bakersfield providing for the
adjustment of property tax revenues upon local agency juris-
dictional change resulting from Annexation No. 297, LAFCO
Proceeding No. 869 (Buena Vista No. 2), was adopted by the follow-
ing roll call vote:
Ayes: Councilmen Dickerson, Moore, Ratty, Rockoff, Barton,
Childs, Christensen
Noes: None
Absent: None
55-85
Adoption of Resolution No. 56-85 of the
Council of the City of Bakersfield to
request the State Department of
Transportation to approve an Interchange
Modification and Special Plan Study at
the California Avenue Interchange with
State Route 99 in the City of Bakersfield.
The City Staff and Engineers representing the developer
of the property at the northwest corner of California Avenue and
Oak Street have performed traffic studies and proposed
which if implemented, would allow reasonable access to
erty and allow a signal at the intersection of Highway
bound off ramp and California Avenue.
Approval is required from the Department of
a plan,
the prop-
99 north-
Transportation and the California Transportation Commission to
allow a modification at the Highway 99 and California Avenue Interchan
Upon a motion by Councilman Moore, Resolution No. 56-85
of the Council of the City of
Department of Transportation
Modification and Special Plan
Bakersfield to request the State
to approve an Interchange
Study at the California Avenue
Bakersfield, California, April 10, 1985 Page 23
Interchange with State Route 99 in
adopted by the following roll call
Ayes:
the City of Bakersfield, was
vote:
Councilmen Dickerson, Moore, Ratty, Rockoff, Barton,
Childs, Christensen
Noes: None
Absent: None
Adoption of Resolution No. 57-85 of the
Council of the City of Bakersfield
declaring Tuesday, April 16, 1985, to be
"The Day of The Teacher".
This resolution declares Tuesday, April 16, 1985, as
"The Day of The Teacher" in the City of Bakersfield in recognition
of the many accomplishments and contributions of Bakersfield's teachers.
Upon a motion by Councilman Christensen, Resolution No.
57-85 of the Council of the City of Bakersfield
April 16, 1985, to be "The Day of The Teacher",
following roll call vote:
Ayes: Councilmen Dickerson, Moore, Ratty,
Childs, Christensen
Noes: None
Absent: None
declaring Tuesday,
was adopted by the
Rockoff, Barton,
Adoption of Resolution No. 58-85 of the
Council of the City of Bakersfield recog-
nizing an area of the City for designa-
tion under the Employment and Economic
Incentive Act.
Endorsement of the preliminary application for designa-
tion of an Enterprise Zone under AB 514 (Waters) is based on cer-
tain findings and specifies a geographic area within the City and
County as a Targeted Economic Development area. The endorsement
is required for submission of the pre-application requesting des-
ignation and making businesses eligible for certain tax benefits
as an inducement to locate in the area.
Upon a motion by Councilman Barton, Resolution No. 58-85
of the Council of the City of Bakersfield recognizing an area of
Bakersfield, California, April 10, 1985 - Page 24
the City for designation under the Employment and Economic
Incentive Act, was adopted by the following roll call vote:
Ayes: Councilmen Dickerson, Moore, Ratty, Rockoff, Barton,
Childs, Christensen
Noes: None
Absent: None
Adoption of Resolution No. 59-85 of the
Council of the City of Bakersfield
approving the Memorandum of Understanding
setting salaries and related benefits for
officers and employees of the Police Unit
of the City of Bakersfield.
An agreement has been reached with the Association of
Bakersfield Police Officers and ratified by the affected unit.
The agreement is within the parameters established by the Council.
Upon a motion by Councilman Barton, Resolution No. 59-85
of the Council of the City of Bakersfield approving the Memorandum
of Understanding setting salaries and related benefits for offi-
cers and employees of the Police Unit of the City of Bakersfield,
was adopted by the following roll call vote:
Ayes: Councilmen Dickerson, Moore, Ratty, Rockoff, Barton,
Childs, Christensen
Noes: None
Absent: None
Approve Authorization to submit Pre-
Application to State of California,
Department of Commerce, requesting desig-
nation as an Enterprise Zone in accord-
ance with the Enterprise Zone Act AB 40
(Nolan).
This submission is the first phase of a two-part appli-
cation process required for designation of a specific area in the
City and County as an Enterprise Zone. The State will "invite"
certain communities to submit full
the pre-applications.
In answer to a question
applications after review of
by Councilman Childs, Mr. Woody
Tesher, Principal of Vieon Corporation, principal contractor to
the City and County on the Enterprise Zone legislation and appli-
cations, stated it is proper to submit two pre-applieations, one
Bakersfield, California, Apr}l 10, 1995 Page 25
for each piece of legislation. He further stated the Board of
Supervisors submitted two separate pre-applications.
Councilman Childs stated he would support this item,
with the understanding that he has been advised that both bills be
presented as a pre-application separately rather than being
enjoined. He will accept the advice of staff and the experts, but
he is concerned about two separate pre-applications.
Upon a motion by Councilman Barton, Authorization to
submit Pre-Application to State of California, Department of
Commerce, requesting designation as an Enterprise Zone in accor-
dance with the Enterprise Zone Act AB 40 (Nolan), was unanimously
approved.
Approve Authorization to submit Pre-
Application to State of California
Department of Commerce requesting desig-
nation as an "Enterprise Zone" in accor-
dance with the Employment and Economic
Incentive Act AB 514 (Waters).
This submission is
cation process required for
the first phase of a two-part appli-
designation as an "Enterprise Zone"
e will "invite" cer-
after review of the
and the resultant tax incentives. The Stat
tain communities to submit full applications
pre-applications.
Upon a motion by Councilman Barton, Authorization to
submit Pre-Application to State of California Department of
Commerce requesting designation ~s:an "Enterprise Zone" in accor-
dance with the Employment and Economic Incentive Act AB 514
(Waters), was unaniously approved.
Approve Agreement with Minner and
Davis, Structural Engineers, for
Engineering Services.
This agreement established the terms and conditions for
the design of the widening and rehabilitation of the Oak Street
overhead at the Atchison, Topeka and Santa Fe Railway Tracks. The
design fee will be based on an hourly rate with a total fee not to
exceed $140,000. The Council adopted a Resolution on March 27,
Bakersfield, California, April 10, 1985 - Page 26
1985, verifying that sufficient funds will be budgeted in Fiscal
Year 1985-86 for design of this project.
Upon a motion by Councilman Ratty, Agreement with Minner
and Davis, Structural Engineers, for Engineering Services, was
approved and the Mayor authorized to execute same.
Approve Negative Declaration for proposed
construction of Fairfax Road, north of
Paladino Drive to Alfred Harrell Highway.
This action is required by the California Environmental
Quality Act (CEQA). The proposed action has been advised locally
for written comment. The review period for the proposed Negative
Declaration ends April 8, 1985.
Upon a motion by Councilman Rockoff, Negative
Declaration for proposed construction of Fairfax Road, north of
Paladino Drive to Alfred Harrell Highway, was approved by the fol-
lowing roll call vote:
Ayes: Councilmen Dickerson, Moore, Ratty, Rockoff, Barton,
Childs, Christensen
Noes: None
Absent: None
Approve Request from Downtown Business
Association for Street Permit.
The Downtown Business Association requests permission to
use the City's traffic signal poles to mount flags, banners and
signs along Chester Avenue in the Downtown area to advertise an
upcoming sidewalk sale. These items would be put into place on
April 26, 1985 and removed by May 11, ]985. These signs would be
mounted so as not to obstruct the traffic signals. Therefore, the
Public Works Manager recommends approval.
Upon a motion by Councilman Ratty, Request from the
Downtown Business Association for Street Permit, was approved.
Bakersfield, California, April 10, 1985 - Page 27
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at ll:20 P.M.
MAYOR of the City of Bako(sfield, Calif.
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
cw
Bakersfield, California, April 24, 1985
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 P.M., April 24, 1985.
by the
of the
The meeting was called to order by Mayor Payne, followed
Pledge of Allegiance and Invocation by Reverend Mike Street
First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Payne.
Absent: None
Councilmen Moore, Ratty, Rockoff, Barton,
Childs, Christensen, Dickerson
Upon a motion by Councilman Barton, minutes of the regu-
lar meeting of March 27, 1985, and recessed meeting of April 10,
1985, were approved as presented.
Mayor Payne read a letter of commendation to Mr. Randy
Hardin expressing the community's appreciation for his courageous
acts on March 22, 1985, in responding to the needs of a fellow
citizen, and stated Mr. Hardin's name is being added to the
Honor Role of Citizens who have earned the Mayor's Eagle Award.
Police Chief Price presented the plaque to Mr. Randy
Hardin.
Mayor Payne read a letter of commendation to Mr. Charles
Dye expressing the community's appreciation for his swift
action on April 5, 1985, in responding to the needs of a fellow
citizen, and indicated Mr. Dye's name is being added to the Honor
Role of Citizens who have earned the Mayor's Eagle Award.
Police Chief Price presented the plaque to Mr. Charles
Dye.
Bob Pullenwider, Mathematics Coach of Chipman Junior
High School stated Bernie Reyes, Jason Mahan, Jim Gustafson and
Joe Kim are being honored tonight for having won a Regional
Contest encompasing Kern, Mono and Inyo Counties and the State
Championship in Junior High School Mathematics at the University of
Southern California.
Mayor Payne presented a plaque on behalf of the
City to Chipman Junior High School Students; Bernie Reyes,
Jason Mahan, Jim Gustafson and Joe Kim.
Mayor Payne presented a plaque to Chipman Junior High
School and read the plaque as follows:
"In recognition of outstanding performance in
the Statewide Mathcounts Competition at the
USC Campus in Los Angeles, presented to Chipman
Junior High School in honor of Bernie Reyes,
Jason Mahan, Jim Gustafson, Joe Kim, Coach Bob
Fulenwider and Principal Sherlo Shively, from
the City of Bakersfield, Thomas A. Payne, Mayor,
April 1985."
Chipman Junior High School Principal, Sherlo Shively stated
that Bernie Reyes placed second in the individual competition for the
State of California. Mr. Pulenwider, as the Coach of the winning
state team, along with the four top winners in the State of California,
will travel to Washington D.C. in May to represent California in
the national contest.
Councilman Rockoff extended congratulations both personally
and on behalf of the community for the prestige the Chipman
students have brought the community.
Bakersfield, California, April 24, 1985 - Page 2 ~ I
Mayor Payne presented a Proclamation to Mrs. Thelma Hobbs
of the Womens' Christian Temperance Union, proclaiming the
week of April 21 through April 27, 1985, as Youth Temperance
Education Week in Bakersfield.
Mrs. Thelma Hobbs presented the Council with a copy of
an essay, bumper stickers, and, in observance of Youth
Temperance Education Week, white grape juice.
SCHEDULED PUBLIC STATEMENTS
Mr. Jackie Fisher, 1801 Panorama Drive, Coordinator at
Bakersfield College and President of the Annual Bakersfield
College Martin Luther King, Jr. Scholarship Dinner Committee,
invited the Council to the May ll, 1985, Dinner to be held at the
Red Lion Inn. The purpose of the dinner is to raise funds for
scholorships for social and economically deprived students of
Bakersfield.
Mr. Les Henderson Jr., 1115 Mathew Henson, spoke in sup-
port of the Martin Luther King Jr. Center.
Mr. Earl Keffer, 5608 Julie, spoke
opment of parks and requested Council repeal
Planning Commission approving Tract No. 4802,
and Akers Roads.
in support of devel-
the decision of the
located at Harris
Mr. Harold Brown, 200 East 19th Street, President of B
and D Brake Parts Incorporated, stated he was advised by City
Staff in order to obtain a building permit he would have to
make improvements of curb and gutter on Grove Street and side-
walks on 19th Street, which he has done. He further indicated he
has been advised he will be required to replace the street front-
ing his property. He indicated he would pay for the materials but
felt City staff should perform the work.
Upon a motion by Councilman Childs, Mr. Brown's request
for City assistance to complete paving of property located at 200
East ]9th Street, was referred to Staff for study and evaluation.
City Attorney Oberholzer stated that Mrs. Sandra
Campbell, 3813 Margola, wishes to speak regarding a tract located
at Harris and Akers Roads that was recently before the Planning
Commission. This matter is in a period during which it can be
appealed to the City Council. If an appeal is filed, the Council
will have to hold a public hearing. Consequently, it is inappro-
priate for the Council to hear any matter regarding this issue
during the appeal period. The deadline for filing an appeal is
Friday, April 26, 1985.
Mrs. Sandra Campbell,
Clerk with petitions regarding
Road.
3813 Margola, presented the City
a tract located at Harris and Akers
In answer to a question by Mrs.
advised by City Attorney Oberholzer that
be required.
Sandra Campbell, she was
a $25.00 filing fee would
Mayor Payne further advised Mrs. Campbell the petitions
would not suffice as an appeal, but to submit a letter stating she
wished to file an appeal and the subject of the appeal.
In answer to a question by Thomas Fallgatter, regarding
the legality of Mrs. Campbell speaking, City Attorney Oberholzer
stated the City Attorney has ruled there is a specific procedure
in the law, or ordinance, for this type of appeal. The purpose of
Bakersfield, California, April 24, 1985 Page 3
the law is to protect the rights of the citizens in the audience,
if there is no procedure to protect those rights, citizens would
be speaking to the Council and the Council would be without the
power to do anything.
In answer to a question by Mayor Payne, Councilman
Dickerson stated the letter by Rob Hamlin, 5515 Krista Street
regarding parking, housing developments and schools in the vicin-
ity of Harris and Akers Roads, distributed to the Councilmembers,
would be more appropriately heard at the time of an appeal hearing
on this issue.
Mayor Payne advised that the Council has determined the
Scheduled Public Statements by Mr. Robert Pageh, Janet Newton and
Diane Clerou, would be more appropriately heard after Report No.
4-85 from Urban Development Committee regarding Recommendations
for Interim Parking Management Plan for Downtown Bakersfield.
CORRESPONDENCE
Upon a motion by Councilman Rockoff, communication from
Clyde Barbeau, Harris Road Group, 555 California Avenue, dated
April 9, 1985, requesting a General Plan Amendment to Industrial
for 60 acres on property bounded by Wible Road, Harris Road,
Freeway 99 and Tracts 4060 and 3497 was received and referred to
Planning Commission for study and recommendation.
Upon a motion by Councilman Rockoff, communication from
Moreland Corporation, 4520 California Avenue, Suite 200, dated
April 11, 1985, requesting General Plan Amendment to Commercial on
property located at 5101 and 5151 Ming Avenue, was received and
referred to Planning Commission for study and recommendation.
Upon a motion by Councilman Moore, communication from
the Miscellaneous Departments, Fire and Police Civil Service
Boards submitting Annual Report for 1984, was received and placed
on file.
Upon a motion by Councilman Christensen, communication
from Kern Farmers' Market Association, dated April 8, 1985,
requesting the use of south side of 23rd Street between "H" and
"Eye" Streets for Certified Farmers' Market, was received and
referred to Budget and Finance Committee for study and recommen-
dation.
Upon a motion by Councilman Childs, communication from
State of California, Department of Transportation, P.O. Box
12616, Fresno, dated April 23, 1985, regarding access to 12.5 acre
parcel at California Avenue and Oak Street, was received and
referred to Staff with a report back to Council.
Upon a motion by Councilman Barton, communication from
Bakersfield Symphony Orchestra, 400 Truxtun Avenue, Suite 104,
dated April 19, 1985, requesting $13,000 for Fiscal Year 1985-86,
to defray costs of using the Civic Auditorium, was received and
referred to Community Services Committee.
Upon a motion by Councilman Ratty, communication from
Tenneco Realty Development, P.O. Box 9380, dated April 24, 1985,
requesting correction be made in Flood Insurance Rate Maps (FIRM),
a provision to be added to the ordinance to allow for correction
of FIRM and an offer of assistance in dealing with FEMA, was
received and referred to City Attorney for consideration prior to
final adoption.
Upon a motion by Councilman Childs, communcation
Steve E. Swenson, 1707 Eye Street, dated April 24, 1985,
ing proposed Interim Parking Management Plan for Downtown
Bakersfie]d, was received and referred to Staff.
from
regard-
Bakersfield, California, April 24, 1985 - Page 4 "~'~
COUNCIL STATEMENTS
After a lengthy statement, Councilman Ratty made a
motion that the City Council find that the activities of
Councilman Dickerson are not condoned or accepted by the Council
and that Councilmember Dickerson is formally reprimanded for
misusing his position to exert influence on developers and to
establish city policy without Council approval. He called for the
question after Councilmembers had an opportunity to respond.
Councilman Christensen made a lengthy statement regard-
ing the Mayor's conduct.
Councilman Christensen read a letter from
Mrs. Diana Buckowick, concerning Councilman Ratty's demeanor.
Councilman Rockoff spoke in support of the motion.
Councilman Childs stated he cannot condone Councilman
Dickerson's actions. He is concerned about the affect Councilman
Dickerson's activities have had on the City and the First
Ward.
Councilman Barton stated that he would like to keep
encouraging Mr. Dickerson to work very diligently for his consti-
tuents, but do it in a mannner recognizing that he is a one-
seventh member of a legislative body that works for the entire
City of Bakersfield.
Upon a request by Councilman Ratty, City Attorney
Oberholzer stated the Fair Political Practices Commission, as a
result of the letter sent to them by Councilman Christensen and
the then Councilman Means, conducted an investigation and issued a
confidential report that he is not at liberty to release.
However, the Fair Political Practices Commission did indicate
a couple of months ago that it is appropriate to announce that the
Commission found, after the investigation, there was no basis to
continue the investigation against Councilman Ratty, based on the
information they had gathered and that had been submitted to them.
Councilman Moore stated Council has a policy procedure
in place to accomplish and/or accommodate something that is needed
in a Ward or the community and each member of the Council should
follow that established procedure. It is important that an indi-
vidual Councilman does not put himself in the position of spokes-
man for the body or give the impression that individually the
members are in a bargaining position for the City. An individual
Councilman must not send mixed or confusing signals to the staff
as they carry out the day-to-day routine of negotiating for the
City with the development community.
Councilman Dickerson stated that he feels he did nothing
wrong and his approach is a hands on in developing and being
involved in the developing and planning of his community.
In answer to a question by Councilman Ratty, City
Attorney Oberholzer stated the Charter provides for the authority
of the Council. The authority of a Councilmember is only
when he acts as a member of the Council. The Charter specifically
provides the legislative powers of the City are vested in the
Council, which consists of seven members. The powers of the oper-
ation and administration of City government are vested in the City
Manager, and that is also in the City Charter. The Charter spe-
cifically provides the City Manager shall have the general super-
vision and direction of the administrative operation of the City
Bakersfield, California, April 24, 1985 Page 5
government. It is the duty of the City Council sitting as the
Council to set the policy for the operation of City government, it
is the duty of the City Manager to carry out that policy estab-
lished by the City Council. It is the responsibility of the City
Manager to carry out the day-to-day operation of city government
and he will carry out that operation consistent ~ith the policy
established by the Council and related to staff.
After a very lengthy discussion, Councilman Dickerson
made a substitute motion to refer the issue of a Councilmember's
behavior to a policy committee to develop a thorough and compre-
hensive development procedure for Councilmen, to at least discuss
this issue. At some time in the future, if the Council still
feels he stepped out of line, perhaps the Council can take and
reissue their actions.
Upon a motion by Councilman Christensen, the call for
the question to cut off debate on the substitute motion by
Councilman Dickerson was approved by the following roll call vote:
Ayes: Councilmen Moore, Ratty, Rockoff,
Christensen, Dickerson
Noes: None
Absent: None
Barton, Childs,
Councilman Dickersoh's restated substitute motion to
send the issue of a Councilmember's authority to a policy committee
for study, review and presentation back to the Council; the policy
co~nmittee to be comprised of Councilmen Ratty, Rockoff and
Dickerson, failed by the following roll call vote:
Ayes: Councilmen Dickerson
Noes: Councilmen Moore, Ratty, Rockoff,
Absent: None
Barton, Childs,
Christensen
Councilman Ratty's motion that the City Council find
that the activities of Councilman Dickerson are not condoned or
accepted by the City Council and that Councilmember Dickerson is
formally reprimanded for misusing his position to exert influence
over developers and established policy without Council approval,
was approved by the following roll call vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Ratty, Rockoff, Barton, Childs,
Councilman Christensen
None
Councilmen Moore, Dickerson
Councilman Childs clarified his vote by indicating he
has repeatedly asked Councilman Dickerson for reassurance that
in the future he would adhere to the provisions of the Charter.
His vote reflected his concern about Councilman Dickerson's
answers.
RECESS
Upon a motion by Councilman Christensen, a brief recess
was declared at 9:05 P.M., and the meeting was reconvened at 9:25 P.M.
REPORTS
Upon a motion by Councilman Barton, Report No. 4-85 from
Urban Development Committee regarding Recommendations for Interim
Parking Management Plan for Downtown Bakersfield, was moved for-
ward on the Agenda to be heard immediately following Council Statements
as Item No. 1 under Reports.
Bakersfield, California, April 24, 1985 Page 6
Upon a motion by Councilman Barton, Deferred Business
Item 3. c, as follows, was deferred to the meeting of May 8, 1985.
DEFERRED BUSINESS
Request from Heath and Company to erect a sign,
80 feet in height and 370 square feet in area,
for the Rio Mirada Motor Inn at 4500 Pierce Road.
Councilman Dickerson made a motion relative to parks in
the Sixth Ward, to have the City attempt to form a Park
Maintenance District along Stine Road on the west, Edison Canal on
the south, the 99 Freeway on the east, and Pacheco Road on the
north.
Councilman Rockoff made a substitute motion to refer
request to establish a park maintenance district in the area
bounded by Stine Road on the west, Edison Canal on the south,
Highway 99 on the east and Pacheco Road on the north to the
Auditorium and Community Services with input from staff and a
report back to the Council.
the
Councilman Christensen made an amended motion to refer
the issue of a park to staff to report back to the Council as to
what should be done about a park and the best recommendation.
Councilman Rockoff's substitute motion to refer the
request to establish a maintenance district for a park in an area
bounded by Stine Road on the west, Edison Canal on the south,
Freeway 99 on the east and Pacheco Road on the north, to the
Auditorium and Community Services for study and input from staff
with recommendation to come back to the Council was approved.
Councilman Dickerson was absent.
Councilman Moore stated as the Council's Liason to
Kern COG, both City and Kern COG staff traveled to Sacramento.
He and Assemblymen Rogers and Wyman presented testimony, and writ-
ten correspondence was presented from Senator Stiern and
Supervisor Shell. He read a portion of a letter from Bruce
Laconde, Chairman of the CalTrans Commission, that was sent to
Supervisor Shell indicating the California Transportation
Commission adopted the 1985-86 Listing of Transit Capital
Improvement Projects. The Bakersfield Inter-Model Transportation
Facility was included in the adopted list and therefore, will be
eligible for funding during the coming year.
Councilman Childs read a letter from the East
Bakersfield Optimist Club, dated April 4, 1985, expressing their
appreciation for his recent appearance and candid comments as their
featured speaker, and indicated a Resolution was recently
adopted by the membership to start the "Optimist Club Committee to
Improve Opportunities in Southeast Bakersfield". He also
requested the letter and resolution be placed on file.
Upon a motion by Councilman Childs, preference for AB
514, by the residents of the Southeast Bakersfield Area, would be
included in the Pre-Application Package. This motion was unani-
mously approved.
Councilman Dickerson made a motion to refer to the
Auditorium and Community Services Committee for study and recom-
mendation a recommendation that a park area be formed in the area
bounded by Planz Road on the north, Freeway 99 on the east,
Pacheco Road on the south and Stine Road on the west. This
motion was approved by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Moore, Barton,
Councilmen Ratty, Rockoff
Councilman Christensen
Childs, Dickerson
Bakersfield, California, April 24, 1985 Page 7
Mr. Wesley Crawford, 705 Pacheco Road, representing
DOOR, Defense of Offenders' Rights, stated he came before the
Council approximately one month ago asking for support of Ex-
offender's rights and his request was referred to Committee.
asked for an update on the status of his request.
He
REPORTS
Councilman Barton, Chairman of the Urban Development
Committee, read Report No. 4-85 regarding Recommendations for
Interim Parking Management Plan for Downtown Bakersfield, as
follows:
On March 25, 1985, this committee met with
staff to discuss the issue of downtown
parking. Although the Redevelopment Agency
has taken a major step forward in resolving
the problem of parking in our downtown shop-
ping area with the construction of our 18th
and Eye Street Parking Structure, several
important issues remain outstanding and con-
tinue to demand solutions.
It is the feeling of this committee and recom-
mended to the Council that a comprehensive
management plan for downtown parking continues
to be an important issue, and staff should
continue working towards the development of
such a plan. Several issues, however, demand,
in our opinion, the establishment of policy
and guidelines on an interim basis. They are
as follows:
1. TIME LIMITS FOR DOWNTOWN CURBS
par~ing spaces ill tl~e downtown core area are
availaOle for customers, shoppers, and visi-
tors to the downtown; 2) to provide incen-
tives that encourage the people who work and
operate businesses in the downtown to find
off-street parking or parking that does not
take up these valuable parking resources from
shoppers; and 3) to encourage the use of the
parking structure or other existing structures
or lots in the downtown.
After a comprehensive survey of the existing
time limits for curbside parking in the down-
town, we are recommending the following: The
elimination of curbside parking on "H" Street
between Truxtun Avenue and 21st Street, and
the reasons stated are that parking on 17th
Street between "F" and "L" Streets be limited
to one hour except for those locations where
no parking is permitted; and further, because
of 18th Street's status as a major collector,
that a study be undertaken to develop a
Specific Plan relative to striping, parking
regulations, landscaping, and treatment to the
parkway areas. We are recommending that park-
ing on 19th Street be limited to 90 minutes to
provide adequate parking resources and time
limits to serve shoppers and business patrons
coming to the downtown. We are recommending
Bakersfield, California, April 24, 1984 - Page 8
that parking on 20th Street be treated simi-
larly to that of 19th Street, and we are re-
commending that parking on 21st Street between
"F" and "L" Streets be limited to one hour
parking. In addition, because of the status
of 21st Street as a major collector, we are
recommending a study be conducted for the pur-
pose of generating a Specific Plan that delin-
eates the parking requirements, striping, and
improvements to the parkway area. We are re-~
commending that "L" Street, Chester Avenue, "G"
Street and "F" Street be limited to one hour
parking except in those locations where less
time is allowed for loading, unloading, and no
parking.
It is recognized by this committee that the
major impacts of these recommended time limits
will be on those areas where two hour and five
hour parking time limits currently exist. It
is the feeling of this committee that these
limitations will impact those individuals who
are employees, business owners, or operators
in the downtown that are presently utilizing
curbside parking, and as such, they should be
making an effort to find permanent off-street
parking. This would free the curbside parking
for visitors and shoppers to the downtown.
This would serve to reinforce and implement
the City's goal for providing parking resour-
ces for the shopper and visitors to the down-
town as stated within the adopted Downtown
Redevelopment Element.
Finally, we are recommending that staff be
directed to monitor the progress of these new
time limits and to implement the limits on a
gradual basis to allow ample time for individ-
uals working in the downtown to adjust to the
new parking requirements. We are directing
staff to report on a quarterly basis the
results of these new parking limitations so
that their effects and impacts may be reviewed
by this Council.
2. THE IN-LIEU PARKING ORDINANCE
The In-Lieu Parking Ordinance established
several years ago to provide an alternative
for businesses wishing to develop in the down-
town who were unable to meet their parking
requirements has been a controversial issue
from time to time. We are recommending that
the In-Lieu Parking Ordinance remain in place
thus allowing its use as an alternative should
a prospective property owner or business oper-
ator wish to do so. We are recommending that
businesses which choose this as a mechanism
for meeting their parking requirements be close-
ly monitored so that payments are made on a
timely basis, and we are directing staff to
place all payments received in a special
account to be used for the development of
additional parking resources in our downtown.
Bakersfield, California, April 24, 1985 - Page
3. DISTANCE REQUIREMENTS FOR MEETING REMOTE
PARKING OR OFF-SITE PARKING REQUIREMENTS
Relative to the in-lieu parking requirements,
we are recommending that the 500 foot limita-
tion for remote parking for meeting parking
requirements on a remote location be increased
to 1,000 feet. This would permit most busi-
nesses within the downtown core area to util-
ize the various parking structures and parking
facilities within the downtown thus providing
a second alternative to meeting certain
required parking standards.
4. PARKING REQUIREMENT STANDARDS FOR THE
DOWNTOWN AREA
This issue deals with the development of
parking standards for downtown. We recognize
that parking needs and parking standards
within the downtown core area are different
than standard shopping or office environments
in suburban centers. With the high cost of
parking, high density factors of structures,
the ready availability of public transit faci-
lities, and the ability to car pool within a
centralized urban core, parking standards for
downtown businesses must be carefully structured
to provide adequate resources while at the
same time encourage and provide incentives for
more efficient use of our transportation and
parking resources. The recently adopted
Genera] Plan Redevelopment Element for the
downtown proposes some fundamental changes
with our parking standards. This committee is
recommending that these standards be studied
and codified as quickly as possible and
brought to this Council during the initial
codification efforts for the General Plan
which are presently underway.
CITIZEN PARTICIPATION
This committee and senior staff members dealing
with this issue have, on numerous occasions,
met with business owners, property owners and
members of the Downtown Business Association.
Their ideas, concerns and input were valuable
and were taken into account within these
recommendations. We recommend that staff cnn-
tinue these routine meetings and consult with
businesses that may be affected by changes in
parking time limits. We recognize that tom-.
promise will be required and, thereby, direct
staff to note and recognize any situations
wherein an increase or reduction in parking
time limits would seriously affect the ability
of the business owners to carry out their
business routines.
Upon a motion by Councilman Barton, Urban Development
Committee Report No. 4-85 regarding Recommendations for Interim
Parking Management Plan for Downtown Bakersfield was accepted.
Upon a motion by Councilman Dickerson, a public hearing
regarding Recommendations for Interim Parking Management Plan for
Downtown Bakersfield was approved.
Bakersfield, California, April 24, 1985 Page 10
Mr. Robert Pageh, 1633 19th Street, stated if there will
be a public hearing he would appreciate knowing the exact date in
order that his comments can be made at that time.
Upon a motion by Councilman Barton, a public hearing
regarding Recommendations for Interim Parking Management Plan for
Downtown Bakersfield was set for May 15, 1985. This motion was
approved with Councilman Christensen absent.
Janet Newton, 2115 22rid Street, representing the
Bakersfield Newspaper Guild, spoke in opposition to the Interim
Parking Management Plan.
Diane Clerou, Employee Relations Manager for the
Bakersfield Californian, representing Jerry K. Stanners, requested
the Council defer action on the Interim Parking Management Plan
until the City can respond to Mr. Stanners' April 3, 1985, pro-
posal to trade The Bakersfield Californian property located at the
southwest corner of 17th and Eye Streets for parking spaces in the
City's 18th and Eye Street Garage.
Kenny Reed, President of the Downtown Business
Association, suggested that individuals who are concerned about
parking attend workshops held by the Downtown Business
Association.
Upon a motion by Counciman Dickerson, Item J. 1., Con-
tinued Public Hearing on the proposed adoption by the Council of
the Kern River Plan Element and proposed Negative Declaration to
the Bakersfield Metropolitan Area General Plan, was moved forward
on the agenda.
HEARINGS
This is the time set for continued
public hearing before the City Council
on the proposed adoption by the City
Council of the Kern River Plan Element
and proposed Negative Declaration to the
Bakersfield Metropolitan Area General Plan.
This hearing was continued from the Council Meetings of
December 19, 1984 and March 13, 1985, to allow time for staff to
review all written and spoken testimony. The public portion of
this hearing was closed at the meeting of December 19, 1984.
Margo Bark, representing Western Oil and Gas
Association, provided the City Clerk with a written comment for
the record and expressed concern that Council abide by the section
regarding Mineral and Petroleum Operations and whatever is reason-
sable in order to floodproof those operations. She also stated
that there were many inconsistencies within the Kern River Plan
Element.
Councilman Dickerson made a motion to set an additional
time to discuss the Kern River Plan Element and, in the interim,
that staff and appropriate individuals have an opportunity to dis-
cuss the staff's recommendation, and return on May 1, 1985 at 7:00
p.m.
George Nickel, Rio Bravo Ranch,
Public Hearing be continued in order that
comments.
requested that the
all individuals may make
Councilman Dickersoh's motion to continue the Public
Hearing on the Kern River Plan Element to May 1, 1985 at 7:00
p.m. failed with Councilman Christensen absent and Councilman
Childs voting aye.
Bakersfield, California, April
RECESS
24, 1985 Page 11
Upon request by Councilman Childs, the meeting was
recessed at 11:20 p.m. and reconvened at 11:25 p.m.
Upon a motion by Councilman Moore the public hearing
will be continued tonight and Council will hear any testimony that
has not previously been heard or discussed regarding new items
generated as a result of staff comments and recommendation.
George Nickel provided a letter dated April 24, 1985 and
correspondence from Ball, Hunt, Hart, Brown and Baerwitz to be
placed on file.
Mr. Stephen Wall, Counsel for Chevron, spoke regarding
inconsistencies in the Plan pertaining to petroleum extraction and
states the Plan is in conflict with the Flood Plan Ordinance. He
urged the Council to require staff to meet with his company regard-.
ing five areas of concern.
Community Services Manager Dow suggested the word-
ing in Chapter 3.4.3 No. 11, "designated area 2.5" be changed to
"designated floodway maps".
Councilman Ratty made a motion to include in the
Kern River Plan, in the definition for permanent development, the
wording "except for oil and gas wells". This motion was unani-
mously approved with Councilman Christensen absent.
Councilman Ratty made a motion to include the lan-
guage in Chapter 3.4.3 No. 14, which provides "except
that grading, filling or construction that is necessary to
allow for the oilfield floodproofing that may be required by
the provisions of this Plan." This motion was unanimously
approved.
Cindy Moore, representing the Bakersfield Board of
Realtors, expressed concerns that the staff report recognizes the
need for an EIR because it calls for one by the developers in a
piecemeal fashion; and the Plan and Staff Report call for acquisi-
tion of land by the community for the public good by means of a
condition of development that is not to purchase it for value.
Acquisition of land should be through eminent domain or proper
compensation.
Councilman Moore made a motion
ommendations with the addition of those
concurred with in changes to the Plan
to approve the staff rec-
items that Council has
Tim Gannon, 2400 Silver Drive, requested that the
Council go on record that the City would not take property from
the individuals without compensation for these purposes and
that the property will not be required for irrevocable
offers of dedication until after a Specific Plan for
the trail has been adopted and the EIR has been done.
Tom Fallgatter expressed concern that the Kern River
Plan has been in the hands of the City for 6 months and
requested that it be voted on tonight.
Upon a motion by Councilman Barton, the Kern River Plan
issue was tabled for 25 minutes in order for Mr. Gannon and City
staff to come to agreement on language in the Plan.
REPORTS
City Manager Caravalho summarized Manager's Report No. 2-85
regarding Genera] Plan Update "Bakersfield 2010", as follows and
requested Council's approval to proceed.
Bakersfield, California, April 24, 1985 Page 12
The Bakersfield Metropolitan Area General Plan
was adopted by both the City of Bakersfield
and the County of Kern in 1961. The plan
included a Land Use Element with Residential,
Commercial, Industrial, School, and Local Park
Planning Policies, and a Circulation Element
with Street and Highway Planning Policies.
Since 1961, the City has expanded its bounda-
ries and area from 17 square miles with a pop-
ulation of 59,000 to 78 square miles with a
present estimated population of 137,000.
State law has also been amended to require
additional general plan elements.
During this time frame and with expansion of
city boundaries, the city adopted a Noise
Element, Public Service and Facilities
Element, Safety Element, Conservation Element,
Open Space Element, Housing Element, Downtown
Redevelopment Element and also a State College
Area General Plan covering 19 square miles in
the Southwest portion of the city as well as
the Rio Bravo Area General Plan which included
21 square mile annexation located in the
Northeast.
The main purpose for the General Plan update
is a comprehensive review of the existing Land
Use, Circulation and Public Facilities and
Utilities Elements and development policies
and the expansion of said plans to include all
areas within the city's Sphere of Influence.
The update would also include a review and
amendment, where required, of all elements of
the General Plan to comprise an integrated,
internally consistent and compatible statement
of policies.
The plan also includes a new Economic
Development Element which would include a sta-
tistical city profile, discuss economic
effects of growth, identify desirable economic
growth sectors, consider alternative develop-
ment models and state the city's Economic
Development Policies and programs.
The expansion of the General Plan into the
City's adopted Sphere of Influence will
require an intergovernmental planning effort
between the City, County of Kern, and the Kern
Council of Governments (KCOG). Kern County
has recently adopted the Greenfield Area
Genera] Plan, Rosedale Area General Plan and
the Year 2000 plan which includes areas out-
side the city, but within the city's Sphere of
Influence. These plans will have to be
reviewed and coordinated with the city's
program. The Kern Council of Governments is
the state designated regional transportation
planning agency for this area. The City,
County and KCOG transportation plans are
required to be consistent. It is proposed
that KCOG be a major funding source for trans-
portation studies.
~ Bakersfield, California, April 24, 1985 - Page 13
Cost of the proposed General Plan update is
approximately $510,000 including an environ-
mental impact report covering the entire pro-
cess. We would anticipate approximately
$280,000 for the first year and $230,000 for
the second year.
The bulk of the work should be done by con-
sultants working with existing city staff for
the various departments. In addition to the
City Council and Planning Commission involve-
ment, very strong citizen participation should
also be a part of the planning program.
With City Council approval, the staff will
prepare an overall work program and send
Request for Proposal to qualified consultants.
We plan to have a consultant on board by
August 1, 1985, a plan ready for public hear-
ing by February, 1987, and final adoption July
I, 1987.
Generally outlined below is
elements and the additional
required.
the status of the
work that would be
LAND USE ELEMENT
The basic plan for the city was adopted in
1961 and framed its policies around a doubling
of population by 1980. In the 1970's substan-
tial amendments were made to accommodate
growth to the southwest and northeast. It
should be reviewed for internal consistency,
consistency with other more recently adopted
policies and plans, and consistency with pre-
sent and future needs of the metropolitan
area.
NOISE ELEMENT
The Revised Noise Element for the existing
General Plan area is in public hearings should
be adopted by July 1, 1985. Expansion of the
General Plan area would require additional
noise contour studies as the city annexed into
those areas.
CIRCULATION ELEMENT
The City's adopted Circulation Element is more
than 20 years old. It has been modified or
updated over a period of years, but is not an
adequate planning document for projected traf-
fic needs. The County of Kern is also in the
process of developing a new Circulation
Element and our work has to be coordinated
with that agency.
PUBLIC FACILITIES AND UTILITIES ELEMENT
The present Public Facilities element is more
than 15 years old and does not address the
city's needs in the metropolitan area. The
new element should address the needs for sew-
erage systems including wastewater disposal,
domestic water supply and drainage system.
Bakersfield, California, April 24, 1985 - Page 14
SAFETY ELEMENT
The Safety Element should be revised to
include the Seismic Safety Element which is 85
percent complete. The original Safety Element
was adopted in 1976 (as a separate element
from the Seismic Safety Element). Updating
this element and combining it with the Seismic
Safety Element would require the coordination
and gathering of information available in the
Seismic Safety Element, City of Bakersfield
Emergency Plan, and the Kern County Flood
Evacuation Plan. Because the Seismic Safety
Element would constitute a large share of the
Safety Element, the Safety Element update
would be considered to be 70 percent
complete.
CONSERVATION ELEMENT
The City adopted appropriate portions of the
County Conservation Element in 1973. This
element should be completely revised to con-
sider the new project area boundary changes
and conservation technology and policy since
1973.
OPEN SPACE ELEMENT
The city adopted the appropriate portions of
the county's Open Space Element in 1973. This
element should be revised to consider the new
project area needs and update goals and poll-,
cies regarding open space and the provision of
parks.
HOUSING ELEMENT
The Housing Element was adopted in 1982
through a joint effort with the county. A
city update was adopted in 1984. The county
is now preparing its own update to the Housing
Element. When complete, these should be
republished as a joint Housing Element for the
project area, with slight revision to satisfy
existing law. City portion 95 percent
complete.
The estimated costs of this undertaking is:
Land Use Element
Circulation Element
Noise Element
Safety Element
Conservation, Parks and Open Space
Element
Housing Element
Economic Development Element
Public Facilities and Utilities
Element
Environmental Impact Report
$70,000
100,000
30,000
15,000
40,000
10,000
20,000
140,000
85,000
$510,000
Anticipated funding is from the following:
City Revenue Sharing
Water Department
Sewage Disposal
Redevelopment Agency
County
Kern COG
$160,000
50,000
50,000
40,000
35,000
175,000
$510,000
Bakersfield, California, April, 24, 1985 - Page 15
No. 2-85
request
Upon a motion by Councilman Ratty, Manager's Report
regarding General Plan Update "Bakersfield 2010" and
to proceed was approved.
No. 3-85
follows:
City Manager Caravalho summarized City Manager's Report
regarding Excellence in Local Government Management, as
I am very interested in instituting an Excellence in
Local Government Program in the City of Bakersfield. I
would appreciate it if the Mayor and City Council would
be available the last week in May to begin this program,
along with all management personnel. The intent would
be to start with the policy makers and then work with
the department heads and subsequently with tile manage-
ment and supervisory personnel.
The program would include making an assessment of our
organization, its strengths and weaknesses and then
going through the training process to become familiar
with the primary elements in a successful organization.
The City Council would also get involved in discussing
its role, where it is going, what you want to achieve,
how can we better serve the community, and what our pri-
orities are.
The program will require an interview session with the
trainer, as well as one day of your time to go through
the program. The estimated cost for all city personnel
is approximately $6,000.
Please find attached a short pamphlet on this management
training program. I will be prepared to discuss this in
more detail at the Council Meeting.
Upon a motion by Councilman Ratty, a Council workshop
regarding "Excellence in Local Government Management" was set for
June 1, 1985. This motion was approved with Councilmen
Christensen and Dickerson absent.
Councilman Childs read Report No. 2-85 regarding
Proposed Legislation, as follows:
The Council Legislative Committee met on Wednesday,
March 29, 1985, to discuss several legislative matters
that have been referred to the committee by the City
Council. The following is a summation of the various
legislative items presented to the committee.
The Federal Budget
Staff reported on the anticipated impact created by the
reduction or elimination of general revenue sharing and
Housing and Community Development Block Grant Programs.
The committee reviewed the list of items that have been
budgeted primarily in the areas of capital improvements
over the last two years. Based upon a review of these
items, the committee felt that the federal government
should freeze the level of general revenue sharing at
its current level, thus saving monies for the federal
government but at the same time allowing local govern-
ment to adjust to the reduction in funds over a period
of a year or two.
The Fair Labor Standards Act
The committee discussed the impact of this legislation
on the City. A workshop had been scheduled to provide
additional information by the League of California
Cities as to the impact of this legislation, especially
as it relates to public safety functions. A report was
requested from Richard Russell, Assistant City Manager,
on this matter.
Bakersfield, California, April 24, 1985 - Page 16 ~ ~
Senate Bill 290 (Foran)
The Californians for Better Transportation Committee
requested that the City of Bakersfield support the pro-
posed Senate Bill 290. The Committee felt that there
should be some assurance that the Californians for
Better Transportation goal should be to lobby for
increasing our fair share and not merely increase local
funding of road projects. It was suggested that staff
examine the Californians for Better Transportation pro-
posal with Kern COG and the County and determine whether
in fact we are getting our fair share of gas tax funds
and consider placing more emphasis in this area rather
than supporting increasing taxes. The committee made a
motion that the Public Works Manager be directed to dis-
cuss this issue with Kern COG and report back with a
recommendation.
AB 512 (Floyd) - Union Veto of PERS Contract Amendments
The effect of this legislation is to give public employ-
ees organization a veto power over public agencies con-
tractual rights to amend its contract. In short, this
measure would prevent local governments from unilater-
ally amending its contract after meeting and conferring
with employee bargaining groups, as is the current prac-
tice. Motion was made to oppose AB512 and passed with
Council Member Childs abstaining.
AB 564 - Workers Compensation Cancer Presumption for Peace
Officers
Under the provision of the bill, cancer is include under
the definition of injury for workers compensations pur-
poses. The cancer manifesting itself is presumed to
have risen out of, and in the course of, employment. A
presumption is a mechanism to provide nearly automatic
compensation for the injury when there is often no link
between the job and the injury. Because of the presump-
tion clause, many safety officers receive compensation
for "injuries" which are typically the result of life-
style (i.e.: smoking, obesity, etc.) than the job.
Motion was made and unanimously passed to oppose AB 562.
AB 190 and AB 425 - Mandatory Peace Officer Time Bank
Under current law, Peace Officer Time Bank can now be
negotiated locally between an employer and an employee
organization. This measure would mandate local govern-
ment to allocate a specific amount of time for each
officers to work on employee relations matters. It is
felt that this matter should be part of the negotiations
process and not be mandated by the state. A motion was
made and unanimously passed to oppose this legislation.
Councilman Childs made a motion to accept the report
approve the recommendations contained therein, and that the
Council support Senate Bill 290.
and
Councilman Barton amended the motion that the Council
take each bill and file the report individually and vote on it.
The motion was approved with Councilmen Christensen and Dickerson
absent.
Upon a motion by Councilman Childs staff was
proceed with the committee's recommendation regarding
Budget.
directed to
the Federal
Bakersfield, California, April 24, 1985 Page 17
Councilman Childs made a motion to direct Public Works
Manager to discuss the issue of SB 290 with Kern COG and report
back with a recommendation.
Councilman Moore made a substitute motion to support
Senate Bill 290. This motion was approved with Councilmen
Christensen absent and Councilman Rockoff abstaining.
Upon a motion by Councilman Childs, the committee recom-
mendation opposing AB 512 was approved with Councilman Christensen
absent and Councilman Childs abstaining.
Councilman Childs requested a correction to page 3, of
Report No. 2-85 from the Legislative Committee, from "AB 562" to
"AB 564."
mendation
absent.
Upon a motion by Councilman Childs, the committee recom-
opposing AB 564 was approved with Councilmall Christensen
Upon a motion by Councilman Childs, the committee recom-
mendation opposing AB 190 and AB 425 was approved with Councilman
Christensen absent.
Councilman Ratty, Chairman of
Relations Committee read Report No. 1-85
Memorial Library, as follows:
the Intergovernmental
regarding Proposed Beale
The Intergovernmental Relations Committee met last week
with City and County staff and discussed the location
for a new Beale Memorial Library.
At that time we learned that a task force from the
County Administration Office has studied three potential
locations for this facility. These locations are:
1. Truxtun Avenue between "M" & "N" Streets
2. 19th Street between "K" & "M" Streets
3. Truxtun Avenue between "Q" & "S" Streets
As a result of this study, they are recommending that
the Board of Supervisors authorize County staff to nego-
tiate terms of the project with City representatives.
They are of the opinion that the third site, Truxtun
Avenue between "Q" & "S" Streets best suits the needs
for the Beale Memorial Library. This location provides
ample off-street and street parking, reasonable proxim-
ity to downtown and the Civic Center; adequate space for
construction of other community and/or cultural
buildings; excellent vehicular access and immediate
availability.
It is estimated that the library and cultural center
could cost $13,500,000. Included in this cost is a
request for the City to donate City owned property of
approximately one-half block and the street and alley
property located in the project area. This would
require the City to close "R" Street and alleys running
through the proposed site, as well as the closure of
16th Street in order to provide sufficient area for the
project.
The Council's Intergovernmental Relations Committee is
in concurrence with the County's decision to relocate
the Beale Memorial Library to the Truxtun and "Q" Street
site and we would recommend that the Council go on
record approving this concept.
Also we would recommend that the staff continue discus-
sions with the County regarding the City's commitment
for this project.
Bakersfield, California, April 24, 1985 Page 18
Upon a motion by Councilman Ratty, staff was directed to
continue discussions with the County regarding the City's commit-
ment to the Beale Memorial Library location, with Councilman
Christensen absent.
Councilman Rockoff indicated for the record that he
would prefer the site located at 19th between "K" and "M" Streets
which would enhance the downtown redevelopment.
Councilman Ratty, Chairman of the Intergovernmental
Relations Committee read Report No. 2-85 regarding Freeway 99
Widening Projects, as follows:
The Intergovernmental Relations Committee met last week
with the County and discussed a proposal submitted by
Cal Trans District 6. This proposal was asking that the
County and City give consideration to revise the state
highway construction schedule by substituting a six-to-
eight-lane conversion on Freeway 99 between California
Avenue and Rosedale Highway (currently unfunded) for a
four-to-six-lane conversion on Freeway 99 between Panama
Lane and Ming Avenue (currently funded). The Panama to
Ming project has been in the funded cycle for approxi-
mately three years with construction scheduled for
1986-87 at an estimated cost of $4.2 million. The
California to Rosedale project was the County's highest
unfunded priority for last year and remains the same
this year. No new projects are being added this year
due to lack of funding.
If these two projects are substituted, the earliest pos-
sible construction would be for 1988-89. Consideration
is being given for the substitution because of the
higher traffic warrants for the California to Rosedale
section over the Panama to Ming section. While there
are definitely more current traffic problems on the
California to Rosedale section and more dollars would be
spent than now scheduled, the substituted project would
not be considered until two years later.
Due to the uncertainty of its proposal, this committee,
along with the committee from the Board of Supervisors,
is recommending that Cal Trans District 6 continue with
the Panama to Ming project as scheduled and that the
California to Rosedale project be considered for con-
struction during 1988-89.
Councilman Ratty made a motion to accept Report No. 2-85
from the Intergovernmental Relations Committee and the recommenda-
tions contained therein. This motion was approved with Councilmen
Christensen and Dickerson absent.
Councilman Barton, Chairman of the Urban Development
Committee read Report No. 3-85 regarding Bakersfield City School
District Request for Imposition of Fees on Residential
Development.
The Board of Trustees for the Bakersfield City
School District has passed a resolution
requesting that the City Council and the Kern
County Board of Supervisors acknowledge over-.
crowding conditions at 13 school attendance
areas and impose development fees. This
request is in keeping with past approvals for
the school districts of Panama Union,
Greenfield Union, Rosedale Union and Buena
Vista under Chapter 15.70 of the Bakersfield
Municipal code. This request differs in that
not all school attendance areas in the
District are being designated as overcrowded.
Bakersfield, California, April 24, 1985 Page 19
After reviewing the legal basis for the
request and past approvals, the Urban
Development Committee met on April 8, 1985,
with George Palmer, Assistant Superintendent,
to examine the designated school attendance
areas, discuss the criteria used for
overcrowding, and any mitigating measures
taken. The committee was concerned that the
original fees requested were above those
requested by other school districts. Mr.
Palmer stated that, although the District felt
that the higher fees could be justified, the
following would be requested by the Board
which are identical to fees previously
approved for othe school districts.
Single-family dwellings, $1,300
with three or more bedrooms
Single-family dwellings 700
with less than three bedrooms
Apartments, residential condomini- 500
ums, and residential mobile homes
The committee also met with David Price, III,
Executive Vice President of the Building
Industry Association of Kern county, to dis-
cuss the Building Industry's concern about the
imposition of fees. The BIA will be meeting
with the School District to pass on those con-
cerns, particularly that mitigating measures
to overcrowding be pursued before imposing fees.
Based upon information presented to the
Council by the School District and reviewed by
this committee, it appears that conditions of
overcrowding do exist in the attendance areas
identified by the District and that fees
requested do not exceed amounts permissible
under Chapter 15.70. The designated atten-
dance areas are:
1
2
3
4
5
6
7
8
9
10
11
12
13.
Casa Loma Elementary School
Chipman Jr. High School
Compton Jr. High School
Eissler Elementary school
Emerson Jr. High School
Hort Elementary School
Harding Elementary School
Longfellow Elementary School
Voorhies Elementary School
Washington Jr. High School
Frank West Elementary School
Mr. Vernon Elementary School
Sierra Jr. High School
The Committee recommends that the matter be
scheduled for public hearing on May 8, 1985,
and that, absent evidence to the contrary at
such hearing, the Council concur in the
Board's findings to overcrowding and approve
the fees requested, subject to adoption of tile
same fees for development in the unicorporated
area of the District by the County Board of
Supervisors.
Upon a motion by Councilman Barton, Report No.3-85 from
the Urban Development Committee regarding Bakersfield City School
District request for Imposition of Fees on Residential Development
was accepted and approval of the implementation of the recommendations.
Bakersfie]d, California, April 24, 1985 Page 20
HEARINGS CONTINUED
Assistant Planning Director Hardisty explained the word-
ing to be included in the Kern River Plan as agreed upon by
Mr. Tim Gannon, as follows: "That the irrevocable offers of dedi-
cation or dedication will not be required for bicycle paths, or
aquestrian trails until a Specific Trails Plan has been adopted."
He further indicated that the words, "To the extent as permitted
by law" should be included on page 13 of the Plan prior to the
wording "Foot access along the river shall be allowed for uses
such as fishing, nature study and photography. Developed trails
shall not be required in these areas in order to minimize any dis-
turbance to naturally occurring conditions, except as may be in
violation of any existing laws or ordinances."
Councilman Moore made a motion to accept the
action of staff with the changes that the Council
The motion was approved by the following roll call
recommended
has agreed to.
vote:
Ayes:
Noes:
Absent:
Councilmen Moore, Ratty, Rockoff,
None
Councilmen Christensen, Dickerson
Barton, Childs
REPORTS
Report from City Attorney regarding Airpark Acquisition
Negotiations.
City Attorney Oberholzer indicated that the City has
agreed on a sale price with the owners for the Airpark Acquisition,
and it is based upon the appraisal that will be used by the FAA to
fund the project.
Councilman Barton made a motion, that the negotiated sale
price for the Airpark Acquisition be referred to the Budget and
Finance Committee for their review and recommendation to the City
Council and that the Committee continue to monitor and recommend
to the City Council all aspects of the acquisition, operation and
grant program for the Bakersfield Airpark, which was approved.
CONSENT CALENDAR
The following items were listed on the
Consent Calendar:
Allowance of Claims Nos. 5853 to 6314,
inclusive, in the amount of $1,175,610.53
Claim for Damages from Bruce Duncan, 214
Harris Drive, Oildale. (Refer to City
Attorney)
Ce
Claim for Damages from Anita Gonzales,
1105 Ralston #A, Bakersfield. (Refer to
City Attorney)
de
Claim for Damages from Pacific Bell, 1010
Wilshire Boulevard, Los Angeles. Refer
to City Attorney)
ee
Claim for Damages and Personal Injuries
from Norma Yvette Ramirez and Rebecca D.
Ramirez, c/o H. Dennis Beaver, 1311 "L"
Street, Bakersfield. (Refer to City
Attorney)
Claim for Personal Iajuries from Oscar
Cadena, c/o Michael J. Webb, Attorney,
1430 Truxtun Avenue, Suite 500,
Bakersfield. (Refer to City Attorney)
Bakersfield, California, April 24, 1985 Page 21
me
P
Claim for Personal Injuries from David L.
Gray, c/o Law Offices of Sandy English,
330 Washington Street, Suite 504, Marina
del Rey. (Refer to City Attorney)
Claim for Damages and Personal Injury
from Bruce Cravins, c/o Michael J. Webb,
1430 Truxtun Avenue, Suite 500,
Bakersfield. (Refer to City Attorney)
Compromise and Release of Workers'
Compensation Claim of Retired Firefighter
for $70,000.00.
Compromise and release of Workers'
Compensation Claim of Retired Police
Captain.
Street Right-of-Way Deeds from American
Savings and Loan Association for addi-
tional dedication for realigning a por-
tion of Pacheco Road and dedication of a
portion of Harris Road as required by the
Planning Commission for General Plan
Amendment 1-85, Segment III, located be-
tween Pacheco and Harris roads, east of
Wible Road.
Street Right-of-Way Deed from Willis M.
Powell and Lorranie Powell providing
street right-of-way as required of de-
velopment located on the south side of
Panama Lane at Monitor Street.
Improvement Agreement for Parcel Map 7481
with DSL/Griffith II for improvements
required by the Planning Commission for
Parcel Map 7481 located south of Rosedale
Highway and 1/4 mile west of Highway 99.
Notice of Completion and Acceptance of
Work on Construction of Bridges on Coffee
Road and Kern River Canal and
Arvin-Edison Canal, Contract No. 84-163
with Tumblin company
Application for Encroachment Permit from
Tom O. and Sherry E. McClure, 5408 Tupper
Court, Bakersfield for construction of n
six foot fence behind the sidewalk on
O'Neil Street at 5408 Tupper Court.
Application for Encroachment Permit from
Rick & Mary Martha Stewart, 5412 Claire
Street, Bakersfield for the construction
of a six foot wood fence behind the side-
walk on O'Neil Street at 5412 Claire
Street.
Application for Encroachment Permit from
Carnation Company, 201 Union avenue,
Bakersfield for the construction of a
concrete transformer pad and six foot
chain link fence on Second Street behind
the sidewalk at 201 Union Avenue.
Plans and Specifications for
portions of City Hall, Fire
and Senior Citizen's Center.
reroofing
Station No.
Bakersfield, California, April 24, 1985 - Page 22 ~ ·
Plans and Specifications for bathroom
remodel at Fire Station No. 2.
t. Plans and Specifications for resurfacing
portions of Beal-e Avenue between Monterey
Street and Pearl Street.
Plans and Specifications for repairing
and resurfacing a portion of Chester
Avenue between Truxtun Avenue to 24th
Street.
Plans and Specifications for construction
of 8" sewer pipe in Union Avenue, approx-
imately 400 feet north of California
Avenue.
Improvements Contract entered into be-
tween American Savings and Loan
Association and/or Auto Mall Associates
for construction of improvements and pay-
ment of a portion of traffic signal costs
as required for General Plan Amendment
1-85, Segment III, located south of
Pacheco Road, east of Wible Road.
Request for Leave of Absence for Telecommunicator
II, R. A. Strickland.
Upon a motion by Councilman Rockoff, Items a, b, c, d,
e, f, g, h, i, j, k, 1, m, n, o, p, q, r, s, t, u, v, w, and x,
the Consent Calendar, were approved by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmen Moore, Ratty, Rockoff, Barton,
None
Councilmen Christensen, Dickerson
Childs
ACTION ON BIDS
Upon a motion by Councilman Barton, bid from Western
Fire Equipment Company in the amount of $27,242.00, for
Firefighting slip-on unit for 4 wheel drive vehicles, was
accepted.
Upon a motion by Councilman Barton, bid from Vallley
Tree & Construction Company in the amount of $4,800.00, for demo-
lition of substandard dwellings was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Childs, bid from Granite
Construction in the amount of $159,239.00 for base bid plus
Additions A and B was accepted, all other bids rejected and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Barton, bid from Granite
Construction Company in the amount of $54,159.00 to resuface por-
tions of Akers Road and Monitor Street was accepted, all other
bids rejected and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Moore, bid from American
Fence Company for the Base Bid plus Addition A in the amount of
$40,661.00 was accepted, al! other bids rejected and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Ratty, bids from Kern
Delta Equipment (two items) and Whirten Excavation (four items) in
the amount of $40,000 and $41,250 inclusive for annual contract
for Operated Drag Line and Excavators was accepted, all other bids
rejected and the Mayor was authorized to execute the contracts.
Bakersfield, California, April 24, 1985 - Page 23
Upon a motion by Councilman Childs, bid from Pargas in
the amount of $6,879.40 for Propane Annual Contract #57185, was
accepted, all other bids rejected and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Moore, bid from Bakersfield
Tractor and Implement Company in the amount of $17,325.70 for
Trencher for Public Works was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Barton, bid from Valley Auto
Parts in the amount of $4,270.78 for miscellaneous automobile fil-
ters was accepted, all ther bids rejected and the Mayor was
authorized to execute the contract.
DEFFERED BUSINESS
Adoption of Ordinance No. 2970 New Series
of the Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code by chaaging
the Land Use Zoning of those certain pro-
perties in the City of Bakersfield
located in an area commonly known as the
Lowell Addition.
Upon a motion by Councilman Childs,
Declaration and Ordinance No. 2970 New Series,
following roll call vote:
Negative
was adopted by
the
Ayes: Councilmen Moore, Ratty, Rockoff,
Noes: None
Absent: Councilmen Christensen, Dickerson
Barton, Childs
Adoption of Ordinance No. 2971 New Series
of the Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code by changing
the Land Use Zoning of those certain pro-
perties in the City of Bakersfield
located south of Pacheco Road to Harris
Road, east of Wible Road to Freeway 99.
Upon a motion by Councilman Moore, Negative
Declaration and Ordinance No. 2971 New Series, was adopted by
following roll call vote:
the
Ayes: Councilmen Moore, Ratty, Rockoff Barton, Childs
Noes: None
Absent: Councilmen Christensen, Dickerson
Request from Center Neon Company, Inc.
erect a sign 75 feet in height, for
Sizzler Restaurant at 1000 Real Road.
to
Upon a motion by Councilman Moore, request from
Center Neon Company, Inc. to erect a sign 75 feet in height, for a
Sizzler Restaurant at 1000 Real Road, was approved in concurrence
with the Planning Commission decision.
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield amend-
ing Ward Boundaries.
Bakersfield, California, April 24, 1985 Page 24
Adoption of an Emergency Ordinance No.
2972 of the Council of the City of
Bakersfield adding Chapter 15.74 to the
Bakersfield Municipal Code relating to
Flood Damage Prevention.
George Austin, Tenneco Oil Company, requested the addi-
tion of the following words, "except as provided specifically
under Chapter 17.42.020" to be added to the end of Chapter
15.74.200, in order for this ordinance to coincide with the zoning
ordinance.
Dave Price, representing Building Industry Association,
stated that the effort is extensive with regard to the Emergency
Ordinance. He outline some concerns within the standards of con-
struction relative to floodproofing residential basements.
Upon a motion Councilman Barton an Emergency
Ordinance No. 2972 of the Council of the City of Bakersfield
was adopted by the following rol! call vote:
Ayes:
Noes:
Absent:
Councilmen Moore, Ratty, Rockoff, Barton, Childs
None
Councilmen Christensen, Dickerson
Adoption of Resolution No. 60-85 of the
Council of the City of Bakersfield
Initiating Proceedings for the Annexation
of Territory to the City of Bakersfield
Identified as Proceeding No. 865,
Annexation No. 295, in accordance with
LAFCO Resolution Making Determination
(CALIFORNIA AVENUE NO. 5).
60-85 of
following
Upon a motion by Councilman Childs, Resolution No.
the Council of the City of Bakersfield was adopted
roll call vote:
by the
Ayes:
Noes:
Absent:
Counc
None
Counc
ilmen Moore, Ratty,
ilmen Christensen,
Rockoff, Barton, Childs
Dickerson
Zoning Resolution No. 322 of the Council
of the City of Bakersfield denying the
Appeal of Abdullatif Alawdi from the
decision of the Board of Zoning
Adjustment denying a Conditional Use
Permit affecting that certain property as
hereinafter described and zoned as an R-3
(Limited Multiple Family Dwelling) to
allow a Retail Food Market in an existing
commercial structure that has been vacant
more than one year on that certain prop-
erty commonly known as 1121 - 11th
Street.
This Resolution sets forth the decision of the Council
following the appeal hearing on this matter held on March 27,
1985.
Upon a motion by Councilman Childs, Zoning
Resolution No. 322 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmen Moore, Ratty, Rockoff,
Noes: None
Absent: Councilmen Christensen, Dickerson
Barton, Childs
Bakersfield, California, April 24, 1985 Page 25
Adoption of Resolution No. 61-85 of the
Council of the City of Bakersfield
Setting Salaries and Related Benefits for
Officers and Employees of the City of
Bakersfield.
Upon a motion by Councilman Ratty, Resolution
No. 61-85 adopting salaries and supplemental benefits for General
Supervisory, Police Supervisory and Management Personnel
Supervisory, Police Supervisory and Management Personnel, also
adopting the job specifications for Director of Water Resources,
Assistant Director of Water Resources and Economic Development
Director, by the following roll call vote:
Ayes: Councilmen Moore, Ratty, Rockoff,
Noes: None
Absent: Councilmen Christensen, Dickerson
Barton, Childs
Upon a motion by Councilman Ratty, a 7~ percent salary
increase for the City Attorney, effective July 7, 1985, was
approved by the following roll call vote:
Ayes: Councilmen Moore, Ratty, Rockoff,
Noes None
Absent: Councilmen Christensen, Dickerson
Barton, Childs
Upon a motion by Councilman Ratty, Council approved
maintaining the existing medical insurance program for the City
Attorney, by the following roll call vote:
Ayes: Counc
Noes: None
Absent: Counc
ilmen Moore, Ratty, Rockoff,
ilmen Christensen, Dickerson
Barton, Childs
Councilman Ratty made a motion to allow the City
Attorney to carry over unused vacation days, up to 180 days,
instead of receiving an annual payment with any absence over a
two-week period to have Council approval. This motion was
approved by the following roll call vote:
Ayes: Councilmen Moore, Ratty, Rockoff,
Noes: Councilman Childs
Absent: Councilmen Chistensen, Dickerson
Barton
Councilman Ratty made a motion to approve the benefit
package, as granted the Management Unit, except as may be modified
herein, for the City Attorney. The motion was approved by the
following roll call vote:
Ayes: Councilmen Moore, Ratty, Rockoff,
Noes: None
Absent: Councilmen Christensen, Dickerson
Barton, Childs
Upon a motion by Councilman Ratty, the City Attorney's
salary and benefit package, as approved by the Council, shall be
included in Resolution No. 61-85, by the following roll call vote:
Ayes: Councilmen Moore, Ratty, Rockoff,
Noes: None
Absent: Councilmen Christensen, Dickerson
Barton, Childs
Approval of Agreement No. 85-63 with the
County of Kern for Traffic Control Signal
System and Lighting at the Intersection of
Belle Terrace and Stine Road.
Upon a motion by Councilman Barton, Agreement No. 85-63
was approved and the Mayor was authorized to execute the agreement.
Bakersfield, California, April 24, 1985 - Page 26
Approval of Agreement No. 85-70 with the
County of Kern for the funding of the
Installation of Automatic Gates and
Flashing Lights on Gosford Road at
Southern Pacific Crossing.
Upon a motion by Councilman Ratty, Agreement No.
was approved and the Mayor was authorized to execute the
agreement
85-70
Approval of Agreement No. 85-64 between
the City of Bakersfield and the County
of Kern for construction of asphalt
concrete/fabric overlay on portions of
Beale Avenue.
Upon a motion by Councilman Childs, Agreement No. 85-64
was approved and the Mayor was authorized to execute the agreement.
Presentation of Preliminary Ten-Year
Capital Improvement Program 1985-1995
Upon a motion by Councilman Moore, Preliminary
Ten-Year Capital Improvement Program 1985-1995, was received and
referred to the Planning Commission for determination of consis-
tency with the General Plan.
ADJOURNMENT
There being no further business to
Council, upon a motion by Councilman Barton,
adjourned at 2:00 a.m.
come before the
the meeting was
MAYOR of the City of Bakersfield,
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfie]d, California
Calif.
Bakersfield, California, May 8, 1985
Minutes of a regular meeting of the Council of the
City of Bakersfie]d, California, held in the Council Chambers
City Hall at 7:00 p.m., May 8, 1985.
of
The meeting was called to order by Mayor Payne, fol-
lowed by the Pledge of Allegiance and Invocation by Reverend
Carolyn Tyler of Cain Memorial A.M.E. Church.
The City Clerk called the roll as follows:
Present: Mayor
Absent: None
Payne.
Councilmen Ratty, Rockoff, Barton,
Childs (seated at 7:10),
Christensen, Dickerson, Moore
PRESENTATION BY MAYOR
Councilman Moore presented a plaque to Beth Friedman
in appreciation for her dedication to Crime Prevention in the
community.
Police Chief Price expressed appreciation for Beth
Friedman's effort, her participation in the Crime Liaison
Committee, and acquiring a grant in the amount of $75,000 for
crime prevention.
Beth Friedman thanked the Mayor, City Council, friends
and family for their participation in this effort.
Mayor Payne read a Proclamation proclaiming May 6-14,
1985 as National Dispatcher's Week in the City of Bakersfield.
Tom Shipley, Communications Center Supervisor of the Bakersfield
Police Department stated he was priviledged to receive the
Proclamation and that it was much appreciated.
SCHEDULED PUBLIC STATEMENTS
Mary Churchmore Bultman, Panama City, Republic of
Panama, spoke regarding the Julian Curtis Bultman Memorial which
was presented to the City of Bakersfield on April 18, 1979.
RECESS
The Council meeting was recessed at 7:35 p.m., in
order to allow time to view the Bultman Collection on display
the lobby. The Council meeting was reconvened at 7:45 p.m.
SCHEDULED PUBLIC STATEMENTS
Bob Hutchinson, 5404 Claire Street, stated that there
is a lack of parks in the Seventh Ward. He feels each
Councilman should review his Ward and consider the development
taking place relative to whether parks should be developed.
City Manager Caravalho recommended that the issue of
parks in the Seventh Ward be referred to the Auditorium and
Community Services Committee. Staff has completed a report on
the Sixth and Seventh Wards relative to this issue and a meeting
is scheduled on May 13, 1985, with this committee to deal with
the short-term problem.
Councilman Dickerson made a motion that in considering
the elements of the General Plan, staff should consider the Open
Space Parks and Recreation issue first.
Councilman Ratty made a substitute motion to refer the
issue of parks in the Seventh Ward to the Auditorium and
Recreation Committee to report back to the Council. This motion
was unanimously approved.
Bakersfield, California, May 8, 1985 Page 2
Martin Milobar, 154 E. White Ln., spoke in opposition
to the acquisition of his property for the Airpark expansion.
Deputy City Manager Strenn stated that there have been
discussions with Mr. Milobar, and staff is still considering
options for realignment. She stated that a full presentation
regarding the Airpark will be made at the Special Meeting of
May 15, 1985.
Upon a motion by Councilman Rockoff, Mr. Milobar's
opposition to the acquisition of his property for the Airpark
expansion was referred to the Budget and Finance Committee.
Lisa Smith, 5113 Marina Drive, requested that restric-
tions be imposed on oil production in the southwest area, but
clarified that she did not want this production shut down.
Marian Bradshaw, 5301 Marina Drive, spoke regarding
oil production in the southwest area. She stated that she has
met with staff and they will be meeting with the property
owners.
John Duemmel, 2009 Talisman Drive, spoke in opposition
to the bond issue for a health care facility.
Councilman Rockoff suggested that Mr. Duemmel submit
his remarks in writing to City staff.
Jim Rummeli, 5909 Meadow Oaks Ct., stated that he has
approximately two inches of standing water in his driveway
approach almost year round, that this problem occurs throughout
the tract, and the tract has never been finalized by the City of
Bakersfield. He also questioned why land was not set aside in
this area for parks.
Councilman Rockoff made a motion to refer the issue of
the standing water in this tract to the Urban Development
Committee with a report back to the Council within 30 days.
This motion was unanimously approved.
RECESS
The City Council Meeting was recessed at 9:45 p.m. and
reconvened at 9:55 p.m.
Colleen Ashley, 233 "H" Street, representing Be Glad,
requested permission to erect a banner on Chester Avenue which
would advertise the May 31st event at Contel in recognition of
Deaf Awareness Month.
Councilman Childs recommended that the request to
erect a banner advertising the event for Deaf Awareness Month be
deferred until a report has been received from Assistant City
Manager Russell.
Otis Page, Highway 58, west of Buttonwillow, spoke
regarding toxic wastes being dumped in Kern County and the
Buttonwillow area. He requested that the Council pass a resolu-
tion supporting the Board of Supervisors in their action to
obtain an Environmental Impact Report (EIR) for dumping toxic
wastes in the area.
Thomas Fallgatter, 1430 Truxtun Avenue, Suite 448,
stated that once any local toxic waste dump has been approved by
the County, it cannot be controlled by the County as to the geo-
graphic originations of the waste to be dumped there.
Councilman Dickerson made a motion to adopt a resolu-
tion supporting the Kern County Board of Supervisors and
Concerned Citizens to Stop Dumping's request to have an EIR com-
pleted prior to making a decision to relocate the material in
the McColl Hazardoust ~e C~l~y take a stano in 1o~oying
in ButtonwiIIow; tha W te mp S'te in FuLlertQn.to thet~cility
Bakersfield, California, May 8, 1985 - Page 3
State legislature in regard to the impacts it will have upon the
City's image; and if the resolution is passed, that it be
referred to the Legislative Committee and possibly join suit
with the County against this effort.
City Manager Caravalho recommended that the matter of
the resolution regarding toxic waste dumpings be referred to
staff for review, comment and recommendation back on May 15, 1985.
Councilman Dickerson made an amended motion to accept
the language of the resolution, which is stated in communication
presented by Thomas Fallgatter, dated May 7, 1985, and refer the
resolution to staff for their review and recommendation back to
the Council on May 15, 1985. This motion was unanimously
approved.
CORRESPONDENCE
Upon a motion by Councilman Barton, communication from
Kern County Commission on Aging, 1415 Truxtun Avenue, dated
April 24, 1985,regarding rent stabilization ordinance for mobile
home parks, was received and referred to the Urban Development
Committee.
Upon a motion by Councilman Christensen, communication
from Schools Legal Service, 5801 Sundale Avenue, dated April 25,
1985, regarding notification of available school district prop-
erty for sale was received and referred to staff.
Upon a motion by Councilman Rockoff, Management and
Internal Accounting Control recommendations, from Price
Waterhouse, dated June 30, 1984, and City staff response to the
recommendations were received and referred to the Budget and
Finance Committee.
Upon a motion by Councilman Rockoff, communication
from Newport Federal, dated April 17, 1985, requesting
Inducement Resolution for Industrial Development Bonds to build
a 99-bed Convalescent Hospital, was received and referred to the
Budget and Finance Committee.
Upon a motion by Councilman Childs, communication from
Cliff Silveira, Saint Joseph Parish Council, P.O. Box 2103,
dated May 1, 1985, regarding City-owned property lying between
Baker Street and King Street and adjacent to Freeway 178, was
received and referred to staff for negotiations.
Upon a motion by Councilman Rockoff, correspondence
from various developers requesting Housing Development
Assistance was received and referred to the Budget and Finance
Committee for review.
Upon a motion by Councilman Dickerson, the correspon-
dence from the City of Placenta, dated May 1, 1985, regarding AB
1327, was referred to the Legislative Committee.
Adoption of Resolution No. 62-85 of
the Council of the City of Bakersfield
supporting Assembly Bill 1327 Providing
for the elimination of the Fifty Percent
(50%) Registered Voter Protest Rule.
Upon a motion by Councilman Dickerson, Resolution
No. 62-85 of the Council of the City of Bakersfield, was
approved by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Ratty, Rockoff, Barton, Childs,
Dickerson, Moore
None
None
Christensen,
Bakersfie]d, California, May 8, 1985 - Page 4
Upon a motion by Councilman Ratty, communication from
Heath and Company, 5401 Business Park South, Suite 210 regarding
appeal to the decision of the Planning Commission denying free
standing pylon sign 24 feet in height and approximately 80
square feet located at Del Taco Restaurant, 1300 Wible Road, was
received and referred to the City Clerk to schedule for public
hearing.
Upon a motion by Councilman Childs, communication from
S.W. Hair Construction, Inc., P.O. Box 9806, dated May 6, 1985,
requesting the right to purchase property designated as an aban-
doned alley access located on the east side of Oak Street be-
tween 16th Street and the A.T. & S.F. Railroad, was received and
referred to staff for study and recommendation.
Upon a motion by Councilman Rockoff, communication
from Randall Rudnick & Matrix Land and Development, Inc., P.O.
Box 1737, Davis, dated May 8, 1985, requesting vacation of a
five-foot strip of alleyway surrounding Lot No. 125, Tract 4117,
was received and referred to staff for study and recommendation.
COUNCIL STATEMENTS
Councilman Moore reported the last Emergency
Preparedness Drill was very successful and the evaluation was
extremely positive. He outlined a letter received from the
Independent Insurance Brokers in regard to the City's sponsor-
ship of an Earthquake Preparedness Seminar that was conducted at
the Civic Auditorium, and acknowledged Chief Needham and Chief
Kelly for their efforts in emergency preparedness.
Councilman Moore stated that he has received a letter
from the National Association of Regional Councils asking for
him to represent Bakersfield in the National Association of
Regional Councils' Task Force.
Councilman Dickerson made a motion to support:
Councilman Moore's endeavor to represent the City in the
National Association of Regional Councils' Task Force. This
motion was unanimously approved.
Councilman Rockoff stated
ter from Western Geophysical, which
residents informing them of seismic
appreciation for their notification.
that he has received a let-
has been circulated to the
testing, and he expressed
Councilman Rockoff stated there are two vacancies on
the Citizen's Auditorium Committee. He distributed the resume
of Karen Car]son, 2323 East Hills Drive, No. 13, and at the
next Council Meeting he will nominate her to the Citizen's
Auditorium Committee.
Councilman Dickerson made a motion that when Council
meetings reach 11:00 p.m., the meeting be recessed until the
following Wednesday.
Councilman Christensen expressed concern that Council
meetings are proceeding into the early morning hours and that
citizens are not able to attend the meetings. He also suggested
that the switchboard be visible to all Council members, staff
and citizens.
Councilman Moore suggested that the Mayor, City
Manager, City Attorney, and City Clerk meet to discuss stream-
lining and improving the agenda.
Councilman Dickerson made a substitute motion to refer
the issue of the late meetings to staff to meet with the Mayor
and to come to some agreement in order to expedite the agenda.
This motion was unanimously approved.
Bakersfield, California, May 8, 1985 - Page 5
Councilman Childs read correspondence he received from
Dan Lunkin, regarding a Need to Clean Up Brundage Avenue and
Stockdale Highway. Councilman Childs made a motion to refer the
correspondence to staff for review and comment, which was
approved.
RECESS
Councilman Dickerson made a motion for a 5-minute
recess at 10:00 p.m.
Mayor Payne reconvened the City Council Meeting at
10:10 p.m.
Councilman Dickerson made a motion directing staff to
study and make a recommendation to revamp the light board, which
identifies the Councilmen wishing to speak, to a more equitable
system visible to the public. The motion was approved by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Rockoff, Barton, Childs, Christensen,
Dickerson, Moore
Councilman Ratty
None
Councilman Christensen read the resolution which would
regulate smoking in City Hall and would supersede Resolution
No. 109-77. He then called for the vote.
the smoki
with empl
30 days.
vote:
Councilman Rockoff made a substitute motion to refer
ng restriction issue to the City Manager to consult
oyees and come back to the Council with the results in
This motion was approved by the following roll call
Ayes:
Noes:
Absent:
Councilmen Ratty, Rockoff,
Moore
Councilman Christensen
None
Barton, Childs,
Dickerson,
Councilman Christensen spoke in opposition to the cen-
sorship of Councilman Dickerson on April 24, 1985.
censorshi
facts.
Councilman Dickerson stated he did not feel Council's
p of him was appropriate because they did not have any
REPORTS
Councilman Christensen, Chairman of the Auditorium and
Community Services Committee, read Report No. 2-85 regarding
Request from Bakersfield Symphony Orchestra for $13,000
Appropriation during 1985-86 Season and a reduction in Grand
Piano Rental Rate, as follows:
Attached to this report are two requests from the
Bakersfield Symphony Orchestra. The first request
is an appropriation of $13,000 for the 1985-86 Fis-
cal Year. The Orchestra's costs for the use of the
Civic Auditorium were $13,200 last year, and they
are requesting the City to continue maintaining a
break-even relationship with the Symphony by appro-
priating an amount equivalent to their costs. The
second request is for a reduction in the rental
rate for the grand piano at the Civic Auditorium.
The present rate is $350 for each use, and their
request is that it be lowered to $200.
Bakersfield, California, May 8, 1985 Page 6
The Auditorium and Community Services Committee is
in agreement with the first request, and we would
recommend that the City Council instruct the City
Manager to place the $13,000 in the 1985-86 budget
and that the Council consider this worthwhile pro-
gram during the 1985-86 budget hearings.
The committee took no action on the second request
for a rental rate reduction on the grand piano. We
would recommend that this issue be considered by
the full Council.
Upon a motion by Councilman Christensen, Report
No. 2-85 regarding request from Bakersfield Symphony Orchestra for
$13,000 appropriation during 1985-86 season and a reduction in
grand piano rental rate, was accepted.
Councilman Childs made a motion to maintain the pre-
sent rental fee of $350 for the grand piano and deny the
request for a reduction in rental rate for the grand piano.
The motion was approved by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Ratty, Rockoff, Barton, Childs,
Councilmen Christensen, Dickerson
None
Moore
Councilman Christensen, Chairman of the Auditorium and
Community Services Committee, read Report No. 3-85 regarding
request of Crime Prevention Committee for free use of
Auditorium, as follows:
At the April 10, 1985, City Council meeting,
Ms. Beth Friedman, President of the Kern County Crime
Prevention Task Force, requested the free use of
the Civic Auditorium on Sunday, September 8, 1985.
The Crime Prevention Task Force will be holding a
Crime Prevention Fair as part of its efforts to
educate the community on that date.
The Auditorium and Community Services Committee met
with Ms. Friedman recent]y, and she indicated that
this event is held in Fresno and attracts approxi-
mately 20,000 people. The Kern County Crime
Prevention Task Force is in hopes of an equally
successful event for Bakersfield. The local commu-
nity will be volunteering its efforts with many
organizations taking part.
This committee is in full support of this program
and the Crime Prevention Fair. We have requested
that staff work with Ms. Friedman through our
Police Department Crime Prevention Coordinator to
either pay for this out of the City's crime preven-
tion grant or through contacts in the community to
raise enough money to pay for the use of the Civic
Auditorium, which is approximately $675.
Ms. Friedman was in agreement with this, and we
wish her much success on September 8, 1985.
No. 3-85,
free use
Upon a motion by Councilman Christensen, Report
regarding request of the Crime Prevention Committee for
of Auditorium, was accepted.
City Manager Caravalho reported (Report No. 4-85) on
the Model City Charter Revision stating that it relates to the
National Municipal League which is in the process of updating
the Model City Charter for local government. Mr. Caravalho rec-
ommended that the City contribute $2,000 towards this project.
Bakersfield, California, May 8, 1985 - Page 7
Councilman Moore made a motion to accept the City
Manager Report No. 4-85 and the request to participate in the
Model City Charter Revision. The motion was unanimously
approved.
Hearings
approved.
Councilman Dickerson made a motion to move forward
portion of the agenda. This motion was unanimously
the
HEARINGS
This is the time set for public hearing
for the purpose of considering adoption
of a Resolution making findings and setting
forth fees to finance interim school
facilities payable as a condition of
approval of residential development, for
relieving the overcrowded conditions in the
Bakersfield City School District in those
portions of the Casa Loma, Eissler, Hort,
Harding, Longfellow, Voorhies, Frank West,
and Mt. Vernon Elementary, and Chipman, Compton,
Emerson, Washington, and Sierra Jr. High
school attendance areas of the district
that are in the City of Bakersfield.
Mayor Payne declared the hearing open for public par-
ticipation.
Mr. Steve Hartsell, Attorney for Schools Legal
Service, requested that the Council establish three levels of
fees; $1,300 for a separate family residence, $700 for a two-
bedroom home, and $500 for apartments. The fees were developed
to finance interim school facilities for relieving the over-
crowded conditions in the school attendance areas.
Herb Cole, Superintendent of City Schools, stated that
they have exhausted the avenues available for building fees. He
stated that other options that are convenient to other districts
are not available to this district.
Dan Kimm, 2709 Rosemary Drive, representing Parents
for Quality Education, stated that they are in support of porta-
ble classrooms in the area only if they qualify, and explained
why he felt the funds were not available for this effort. He
requested that the resolution go back to the Urban Development
Committee to be amended to include protective measures in case
the district spends all the money they acquire from the sale of
schools.
Dave Price, representing the Building Industry
Association of Kern County, requested that this item be con-
tinued in order that discussion can take place with the District,
the Association and City staff.
Councilman Christensen made a motion to recess the
meeting to Wednesday, May 15, 1985. This motion was defeated.
Bakersfie]d, California, May 8, 1985 Page 8
C3
Frank Fecetti, General Counsel for Schools Legal
Service, representing the Bakersfield City School District,
refuted some of the statements made by Dave Price. He stated
that if there is going to be a hault in the approval of these
fees then there should be a hault in the issuance of building
permits until the matter is decided.
Frank Sousa, 6704 Saddleback Drive, spoke in opposi-
tion to giving the responsibility of the fees to the builders.
Jenney Calhoun, 5700 Lancer Drive, spoke in opposition
to the fees established.
there
Urban
Bernell Dickinson, 3904
be a 30-day recess and that
Development Committee.
Panorama Drive, requested that
it be referred back to the
No further protests or objections being received and
no one else wishing to speak in favor, Mayor Payne closed the
public portion of the hearing for Council deliberation and
action.
Councilman Childs made a motion to refer the consider-
ation of the adoption of a Resolution making findings and set-
ting forth fees to finance interim school facilities, payable as
a condition of approval of residential development, for reliev-
ing the overcrowded conditions in the Bakersfield City School
District in those portions of the Casa Loma, Eissler, Hort,
Harding, Longfellow, Voorhies, Frank West, and Mr. Vernon
Elementary, and Chipman, Compton, Emerson, Washington, and
Sierra Jr. High school attendance areas of the district that are
in the City of Bakersfield, to the Urban Development Committee
and that a response be made to the Council within 30 days.
Upon a motion by Councilman Rockoff, the hearing was
reopened for public participation, with an abstention by
Councilman Dickerson.
Councilman Dickerson made a substitute motion to con-
tinue the issue of the adoption of the Resolution to the meeting
of May 22, 1985.
Mr. Price indicated that he would be out of town and
would not be able to attend the May 22nd meeting.
City Attorney Oberholzer stated, in response to
Councilman Moore's question, that if the City adopts the find-
ings of the school district and those findings are not valid it
is incumbent upon the school district to defend any action that
may be brought challenging the action of the City Council.
Councilman Dickerson made a motion to call for the
question which was unanimously approved.
Councilman Dickerson's substitute motion, to continue
the hearing on the Resolution setting fees for attendance areas
of the school district to May 22, 1985; and, in the interim
time, that discussions are to be held between the people
involved and the Urban Development Committee; and that a report
be brought back, was approved by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Rockoff, Childs, Dickerson,
Councilmen Ratty, Barton, Moore
Christensen
Mayor Payne
Pursuant to Section 14 of the City Charter, which
states that in case of a tie vote by the Council, the Mayor
shall east the deciding vote, Mayor Payne voted Aye.
Bakersfield, California, May 8, 1985 Page 9
Upon a motion by Councilman Ratty, New Business Item
4, a Resolution of the Council expressing intention to donate
and convey to the County City-owned property and abandoned
street and alley rights-of-way in the area bounded by "Q"
Street, Truxtun Avenue, "S" Street and 16th Street to complete
site for new Beale Memorial Library was moved forward on the
agenda to be heard at this time.
NEW BUSINESS
Resolution No. 65-85 of the Council of the
City of Bakersfield Expressing its intention
to donate and convey to County of Kern
City-owned Property and abandoned street and
alley rights-of-way in the area bounded by "A"
Street on the west, Truxtun Avenue on the
north, "S" Street on the east, and 16th
Street on the south to complete the site for
new Beale Memorial Library.
Councilman Ratty made a motion to adopt Resolution
No. 65-85.
Richard Monje, attorney for Mosesinn Development
Corporation, stated that the County may prefer that the City not
contribute the land directly to the County at this time. He
stated, contingent upon the County Council's decision, that the
County may want to have the City lease the land to the developer
until the project is developed. When the County decides they
want to purchase the building, then the City would contribute
the land to the County.
City Attorney Oberholzer indicated that language would
be included in the resolution to cooperate with the County of
Kern for development of the site for a Library.
Upon a motion by Councilman Ratty, Resolution
No. 65-85 of the Council of the City of Bakersfield was
by the following roll call vote:
approved
Ayes: Councilmen Ratty, Rockoff,
Moore,
Noes: None
Absent: Councilman Christensen
Barton, Childs,
Dickerson,
HEARINGS
This is the time set for public hearing
before the Council for hearing protests by
persons owning real property or any registered
voter residing within territory designated
as "Garnsey Annexation" proposed to be annexed
to the City of Bakersfield.
Mayor Payne declared the hearing open for public par-
ticipation.
Albert TinsIcy, 200 Garnsey Avenue, spoke in opposi-
tion to the Garnsey Annexation.
Allen Champion, 148 N. McDonald, requested assurance
that he can park his recreation vehicle in his side yard.
Deputy City Manager Strenn responded that there is
ordinance currently that would restrict anyone from parking
their vehicle in their side yard.
no
Fred Bower, 1 Candy, stated that with the mectings of
the Council being so long, if 50 percent of the people in the
area attended the meeting, they probably would have signed a
petition.
Bakersfield, California, May 8, 1985
Page 10
No further protests or objections being received,
Mayor Payne closed the public portion of the hearing for Council
deliberation and action.
Upon a motion by Councilman Moore, staff was directed
to prepared a resolution making findings to be presented at the
May 15th Council Meeting.
This is the time set for public hearing
before the Council for hearing protests by
persons owning real property or any registered
voter residing within territory designated as
"Chester Avenue No. 1" proposed to be annexed
to the City of Bakersfield.
Mayor Payne declared the hearing open for public par-
ticipation. No protests or objections being received, the
public portion of the hearing was closed for Council delibera-
tion and action.
Upon a motion by Councilman Dickerson, staff was
directed to prepare a resolution making findings to be presented
at the May 15th Council Meeting.
This is the time set for public hearing
before the Council for hearing protests
by persons owning real property or any
registered voter residing within territory
designated as "Panama No. 4" proposed to be
annexed to the City of Bakersfield.
Upon a motion by Councilman Dickerson,
directed to prepare a resolution making findings
at the May 15th Council Meeting.
staff was
to be presented
Upon a motion by Councilman Dickerson, the issue of
the approval of Phase II of the Intergovernmental Relations
Committee Report No. 2-82 related to City/County Fire Protection
was the next item to be heard.
NEW BUSINESS
Approval of Phase II of the Intergovernmental
Relations Committee Report No. 2-82 related
to City/County Fire Protection.
Pursuant to the Joint City/County Intergovernmental
Relations Report No. 2-82, dated March 3, 1982, Phase II of the
City/County Fire Protection Plan has been evaluated and it is
recommended that it be implemented during May 1985, as amended
in the November 17, 1982, Report No. 6-82 regarding Addendum to
the Joint City/County Fire Station Relocation Plan.
Phase II (FY 83-84) - Fire Station No. 2 at 716 E.
21st Street to remain open. Incorporate the County Ladder
Company into the Plan to replace City Ladder Company No. 2 and
establish a Captain's position for the County Ladder Company.
Replace County fire personnel at County Station No. 66 at
Stockdale Highway and E1 Rio Drive with personnel from City
Ladder Company No. 2 and one firefighter's position from City
Station No. i at 2101 "H" Street.
Councilman Dickerson recommended that an alternative
way be found to keep this ladder company intact. He expressed
concern that if the Council puts this ladder company out of
service that the Council is sending a message that it is not
concerned about the quality of fire protection in the City.
Bakersfield, California, May 8, 1985
Page 11
After further discussion, Councilman Ratty made a
motion to adopt Phase II of the City/County Fire Prevention
Plan, which was approved by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Ratty, Rockoff,
Councilman Dickerson
Councilman Christensen
Barton, Childs, Moore
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
a. &llowance of Claims Nos. 6315 to 6611, inclu-
sive, in the amount of $911,388.82.
b. Claim for Damages from Edward Kent Holland,
c/o Jere N. Sullivan Jr. Attorney at Law, 1400
Chester Avenue, Suite R, Bakersfield. (Refer
to City Attorney)
Claim for Damages from Scott Schoene Smith,
Rt. 5 Box 240, Bakersfield. (Refer to City
Attorney)
d. Claim for Damages from Melvin C. Nickerson,
6200 Spice Way, #7, Bakersfield. (Refer to
City Attorney)
Claim for Damages from Jerry Darrol Ellis,
5516 Fountain View Way, Bakersfield. (Refer
to City Attorney)
Claim for Injuries from Charles Stanley
Pierce, 5900 Stacey Street, Bakersfield.
(Refer to City Attorney)
Application for Leave to Present Late Claim
from Jose J. Valenzuela, c/o Attorney Michael
J. Webb, 1430 Truxtun Avenue, Suite 500,
Bakersfield. (Refer to City Attorney)
Payment of Workers'
retired Firefighter
Department.
Compensation Benefits to a
for the Bakersfield Fire
Street Right-of-Way Dedication from Mark D.
and Barbara J. Farnum providing an easement
for public streets as required by the
Planning Commission for Parcel Map No. 7563,
located on the north side of Brundage Lane,
westerly of Quantico Avenue.
Street Right-of-Way Deed from Saddleback
Development Company, Ltd., for additional
street right-of-way required for Tract 4345-C,
located westerly of Old River Road and south-
erly of Fraser Road.
Public Utilities Easement from Mobiltown
Company for public utilities as required by
the Planning Commission for Parcel Map 7134,
located easterly of Manor Street on the south
side of Denise Avenue.
Notice of Completion and Acceptance of Work on:
Traffic Signal System at White Lane and
Fambrough; White Lane and Stine Road; Planz
Road and Stine Road, Contract No. 84-250, with
Intersection Management Systems, Inc.
Tract No. 4716, Contract No. 84-164, located
on the south side of Pacheco Road east of Akers
Road, with Tommie Townsend.
Bakersfield, California, May 8, 1985 - Page 12
Application for Encroachment Permit from Terry
D. Cunningham, 3700 Canadian Street, for the
installation of a six-foot fence along the back
of the sidewalk on Vincent Street at the side
yard of 3700 Canadian.
Plans and Specifications for Chester Avenue
and Brundage Lane sewer replacement.
Plans and Specifications for construction of
storm drains on Myrtle Street between Brundage
Lane and Bank Street and on "F" Street at 30th
Street.
pe
Plans and Specifications for construction of
street improvements on portions of South "H"
Street.
Upon a motion by Councilman Rockoff, Items a, b,
c, d, e, f, g, h, i, j, k, 1, m, n, o, and p, of the Consent
Calendar, were adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Moore
Noes: None
Absent: Councilmen Christensen, Dickerson
ACTION ON BIDS
Upon a motion by Councilman Childs, the low bid from
Pacific Pipeline Survey was rejected and staff was authorized to
reeva]uate the project and readvertise for bids.
Upon a motion
for the one tone stencil
Director was authorized
by Councilman Barton, all bids received
truck were rejected and the Finance
to readvertise for bids.
Upon a motion by Councilman Rockoff, the low bid
of Granite Construction in the amount of $229,429.00, for
improvements of Columbus Street between Auburn Street and
Panorama Drive and Oswell Street between Freeway 178 and
Columbus Street, was accepted, all other bids rejected and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Barton, low bid from
Jensen International, Inc., in the amount of $69,332.42, for a
high pressure sewer cleaner truck, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Ratty, low bid from
Granite Construction Company, in the amount of $19,332.00, for
Stockdale Highway Pavement repairs between Cal State Bakersfield
and Kern River Bridge, was accepted, all other bids rejected and
the Mayor was authorized to execute the contract.
Upon a motion by Councilman Childs, low bid from E & S
Electrical Contractors, in the amount of $92,220.00, for traffic
signal modifications on "H" Street at 4th Street, Belie Terrace
and Wilson Road, was accepted, all other bids rejected and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Dickerson, low bid from
Bakersfield Sandstone, in the amount of $23,364.00, for Carpet
for Police Department, was accepted, all other bids rejected and
the expenditure of funds in the amount of $1,364.000 from sav-
ings in completed projects was authorized.
Upon a motion by Councilman Dickerson, low bid from
A. C. Electric, in the amount of $32,218.00, for traffic signal
modifications on Wible Road at Wilson Road, was accepted, all
other bids rejected and the Mayor was authorized to execute the
contract.
Bakersfield, California, May 8, 1985 - Page 13
Upon a motion by Councilman Moore, low bid from
Granite Construction Company, in the amount of $75,64].00, for
the Base Bid plus Addition A for resurfacing portions of
Sundale Avenue, between La Puente Drive and Bermuda Street, was
accepted, all other bids rejected and the Mayor was authorized
to execute the contract.
Upon a motion by Councilman Childs, usual bidding
requirements were dispensed with, in accordance with Section
3.20.060 of the Municipal Code, and the Finance Director was
authorized to negotiate a price within the amount budgeted, for
forty-five pagers, with Motorola Communications.
Upon a motion by Councilman Moore, usual bidding
requirements were waived, in accordance with Section 3.20.060 of
the Municipal Code, and the Finance Director was authorized to
negotiate a price, not to exceed $8,600.00 with American
Seating.
DEFERRED BUSINESS
Adoption of Ordinance No. 2973 New Series
of the Council of the City of Bakersfield
amending Ward Boundaries.
Upon a motion by Councilman Ratty, Ordinance No.
New Series of the Council of the City of Bakersfield was
adopted by the following roll call vote:
2973
Ayes:
Noes:
Absent:
Councilmen Ratty, Rockoff,
Councilman Dickerson
Councilman Christensen
Barton, Childs, Moore
Deferral of request from Heath and Company
to errect a sign, 80 feet in height and
370 square feet in area, for the Rio Mirada
Motor Inn at 4500 Pierce Road.
Request from Heath and Company to erect a
sign 65 feet in height for LaQuinta Motor
Inn/Kettle Restaurant on Riverside Drive
approximately 250 feet east of Pierce Road.
Upon a motion by Councilman Rockoff, request from
Heath and Company to erect a sign, 80 feet in height and 370
square feet in area, for the Rio Mirada Motor Inn at 4500 Pierce
Road, and request to erect a sign 65 feet in height for LaQuinta
Motor Inn/Kettle Restaurant on Riverside Drive approximately 250
feet east of Pierce Road, was deferred to the May 15, 1985
meeting.
NEW BUSINESS
First Reading of an Ordinance of the Council
of the City of Bakersfield amending Title
Seventeen of the Municipal Code of the City
of Bakersfield by changing the land use zoning
of that certain property in the City of
Bakersfield located on the northeast corner
of Fortune Street and Panama Lane.
Adoption of Resolution No. 63-85 of the Council
of the City of Bakersfield recognizing an area
of the City for Enterprise Zone designation.
Upon a motion by Councilman Barton, Resolution
No. 63-85, of the Council of the City of Bakersfield w~s
adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Ratty, Rockoff,
Moore
None
Councilman Christensen
Barton, Childs,
Dickerson,
Bakersfield, California, May 8, 1985 - Page 14
Councilman Ratty made a motion to send a message of
intention to the County that all legal means will be used to
acquire the site for the new Beale Memorial Library. The motion
was unanimously approved.
Adoption of Resolution No. 64-85 of the
Council of the City of Bakersfield recog-
nizing an area of the City for designation
under the Employment and Economic Incen-
tive Act.
64-85,
by the
Upon a motion by Councilman Childs, Resolution No.
of the Council of the City of Bakersfield was adopted
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Ratty, Rockoff, Barton, Childs, Dickerson,
Moore
None
Councilman Christensen
Community Development Block Grant
Application
Upon a motion by Councilman Barton,
Development Block Grant Annual Application was
referred to the Budget and Finance Committee.
the Community
received and
RECESS
Upon a motion by Councilman Barton, the meeting was
recessed at 2:25 a.m., until Wednesday, May 15, 1985, at 7:00 p.m.
MA'f~O~ of the City of Baker~'ield, Calif.
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
Cqq:rg
Bakersfield, California, May 15, 1985
Minutes of a Special Meeting of the Council of
the City of Bakersfield, California, held in the Council
Chambers of City Hall at 7:00 p.m., May 15, 1985.
The meeting was called to order by Mayor Payne,
followed by the Pledge of Allegiance and Invocation by
Reverend Clyde Wasdin, First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Payne.
Absent: None
Councilmen
Rockoff, Barton, Childs,
Christensen, Dickerson, Moore,
Ratty
Minutes of the Regular Meeting of April 10, 1985,
were approved as presented.
Councilman Dickerson made a motion to allow
Councilmen the opportunity to discuss issues of information
or concern to the City or Council during this meeting.
Councilman Ratty stated that this meeting was set
up to handle specific business, and procedures should be
followed.
Councilman Childs made a substitute motion to con-
tinue with the agenda, and if a Councilman has something to
say other than the agenda items, he can request to speak.
Councilman Childs called for the question wh~ich was
approved.
Councilman Childs' substitute motion,
with the agenda and if a Councilman then wishes
thing, he can request to speak, was approved by
roll call vote:
to continue
to say some-
the following
Ayes: Councilmen Rockoff, Barton,
Moore, Ratty
Noes: Councilman Dickerson
Absent: None
Childs,
Christensen,
Councilman Dickerson objected to tonight's proceedings
stating they are in violation of the Brown Act because a
Special Meeting was called for this date which is in the
minutes.
City Attorney Oberholzer responded that tonight's
meeting is a legally constituted meeting. In a Special
Meeting, persons may speak only regarding issues on the agenda.
However, the Council is following the agenda for a Continued
Meeting.
DEFERRED BUSINESS
Adoption of Resolution No. 66-85, of the
Council of the City of Bakersfield making
findings that a majority protest has not
been made and ordering the territory desig-
nated as Proceeding No. 862, Annexation
No. 294, (Panama No. 4) annexed to the City
of Bakersfield.
Bakersfield, California, May 15, 1985 - Page 2
Upon a motion by Councilman Ratty, Resolution
No. 66-85, of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes~
Absent:
Councilmen Rockoff, Barton, Childs,
Dickerson, Moore, Ratty
None
None
Christensen,
Adoption of Resolution No. 67-85, of the
Council of the City of Bakersfield making
findings that a majority protest has not been
made and ordering the territory designated
as Proceeding No. 856, Annexation No. 291,
(Rosedale No. 2), annexed to the City of
Bakersfield.
Upon a motion by Councilman Christensen, Resolution
No. 67-85, of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Childs,
Dickerson, Moore, Ratty
Noes: None
Absent: None
Christensen,
Adoption of Resolution No. 68-85, of the
Council of the City of Bakersfield making
findings that a majority protest has not been
made and ordering the territory designated as
Proceeding No. 860, Annexation No. 292, (Garnsey)
annexed to the City of Bakersfield.
Upon a motion by Councilman Christensen, Resolution
No. 68-85, of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Childs,
Dickerson, Moore, Ratty
Noes: None
Absent: None
Christensen,
Adoption of Resolution No. 69-85, of the
Council of the City of Bakersfield making
findings that a majority protest has not
been made and ordering the territory desig-
nated as Proceeding No. 861, Annexation
No. 293, (Chester No. 1) annexed to the City
of Bakersfield.
Upon a motion by Councilman Christensen, Resolution
No. 69-85, of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Childs,
Dickerson, Moore, Ratty
Noes: None
Absent: None
Christensen,
Bakersfield, California, May 15, 1985 - Page 3
Deferral of action on a request from Heath
and Company to erect a sign, 80 feet in height
and 370 feet in area, for the Rio Mirada Motor
Inn at 4500 Pierce Road.
This request was deferred from the meetings of
April 24, and May 8, 1985.
Bill McClure, of Heath and Company Signs, made a
presentation regarding the proposed signage for the Rio
Mirada Inn. He stated that the letters on the sign are four
foot high which provide readability for a one-half mile dis-
tance and is in compliance with other signs in the area. He
indicated that the present sign is only for local traffic and
not for freeway identification. He explained that the reason
the two signs are different is because of a 15-foot differen-
tial in height due to the freeway grade.
Deputy City Manager Strenn stated the reason
for the Planning Commission's denial was because there were
fewer other signs in the area that had special permits, and
the objective to having an overheight, oversized sign was
visibility from the freeway. The Sign Committee felt that the
sign did not fulfill the objectives and vehicles would not
have enough exit time.
Val Robinson, General
Inn, stated locating the hotel
would help the occupancy rate.
Manager of the Rio Mirada
is a problem, and this sign
Deputy City Manager Strenn explained that by condi-
tioning the approval of the special sign request, the sign
would be required to come down at the same time legal non-
conforming signs come down.
Councilman Christensen called for the question,
which failed by the following roll call vote:
Ayes: Councilmen Rockoff, Childs, Ratty
Noes: Councilmen Barton, Christensen, Dickerson, Moore
Absent: None
Deputy City Manager Strenn clarified that if the
sign is approved, it becomes a legal sign and can remain for
a long period of time. If the sign is approved with con-
ditions, it would come under the same regulations that non-
conforming signs are under and would come down in July, 1986,
if the Sign Ordinance is adopted.
Councilman Dickerson made a motion to approve the
sign as requested, but if there is a change in ownership,
then there would be a re-application if the sign changes.
Councilman Dickerson called for the question which
was unanimously approved.
Upon a motion by Councilman Dickerson, the request
to erect a sign 80 feet in height and 370 square feet in
area for the Rio Mirada Motor Inn at 4500 Pierce Road ~ith
the condition that if there is change in ownership or modifi-
cation of the sign, it would come back to Council for con-
sideration, was approved by the following roll call vote:
Ayes: Councilmen Barton, Childs, Christensen,
Noes: Councilmen Rockoff, Moore, Ratty
Absent: None
Dickerson,
Bakersfield, California, May 15, 1985
- Page 4
Councilman Dickerson's motion to approve the
request to erect a sign 80 feet in height and 370 square feet
in area for the Rio Mirada Motor Inn was reconsidered later
in the meeting.
Deferral of action for request from
Heath and Company to erect a sign 65
feet in height for LaQuinta Motor Inn/Kettle
Restaurant on Riverside Drive approximately
250 feet east of Pierce Road.
This request was deferred from the meeting of May 8,
1985.
Deputy City Manager Strenn stated that the Planning
Commission approved the sign because they were aware of sev-
eral signs in the area which were similar in height and had
been previously approved.
Councilman Rockoff made a motion to approve the
sign subject to the condition that it would have to come down
when all other signs come down according to the new sign
ordinance.
Councilman Dickerson made a substitute motion to
concur with the Planning Commission's decision, and approve
the sign with the condition that if there is a change in own-
ership or a modification of the sign, it would return to
Council for reconsideration. This motion failed by the fol-
lowing roll call vote:
Ayes: Councilmen Barton, Christensen, Dickerson
Noes: Councilmen Rockoff, Childs, Moore, Ratty
Absent: None
Upon a motion by Councilman Rockoff, the request to
erect a sign 65 feet in height for LaQuinta Motor Inn/Kettle
Restaurant on Riverside Drive approximately 250 feet east of
Pierce Road with the condition that it would have to come
down when all other signs come down and is subject to the
restrictions of the new sign ordinance when adopted, was
approved by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Rockoff, Barton, Childs,
Dickerson, Moore, Ratty
None
None
Christensen,
Upon a motion by Councilman Moore, reconsideration
of Council action regarding a request to erect a sign 80 feet
in height and 370 square feet in area, for the Rio Mirada
Motor Inn at 4500 Pierce Road, was approved by the fol-
lowing roll call vote:
Ayes:
Noes:
Absent:
Councilmen Rockoff, Barton, Moore, Ratty
Councilmen Childs, Christensen, Dickerson
None
Councilman Moore made a motion to include the non-
conforming provision in the previous motion approving the
request to erect a sign, 80 feet in height and 370 square
feet in area, for the Rio Mirada Motor Inn at 4500 Pierce
Road with the condition that if there is change in ownership
or modification of the sign, it would come back to the
Council for consideration. This motion was approved by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Rockoff, Barton, Moore, Ratty
Councilmen Childs, Christensen, Dickerson
None
Bakersfield, California, May 15, 1985 Page 5
Upon a motion by Councilman Christensen
meeting was recessed at 8:50 p.m. The meeting was
at 9:10 p.m.
the Council
reconvened
Upon a motion by Councilman Dickerson, Report
No. 5-85 from the City Manager regarding Toxic Waste Disposal
Buttonwillow was moved forward on the agenda.
NEW BUSINESS
City Manager Report No. 5-85 regarding
Toxic Waste Disposal at Buttonwillow.
Upon a motion by Councilman Dickerson, City Manager
Report No. 5-85 regarding Toxic Waste Disposal at
Buttonwillow was approved.
Tom Fallgatter, representing the Concerned Citizens
to Stop Outside Dumping, expressed appreciation for the
City's Resolution supporting the opposition to the relocation
of the McColl Disposal without the proper environmental eva-
luation.
Adoption of Resolution No. 70-85 of the City
Council of the City of Bakersfield recog-
nizing the toxic waste disposal at
Buttonwillow.
Upon a motion by Councilman Childs, Resolution
No. 70-85 of the City Council of the City of Bakersfield
was adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Childs,
Dickerson, Moore, Ratty
Noes: None
Absent: None
Christensen,
HEARINGS
This is the time set for public hearing
before the Council of the City of
Bakersfield on the Recommendations for
Interim Parking Management Plan for
Downtown Bakersfield.
On April 24, 1985, Report No. 4-85 from the Urban
Development Committee regarding the Recommendations for
Interim Parking Management Plan for Downtown Bakersfield was
accepted; and Council set May 15, 1985, for a Special Public
Hearing on this issue. At the April 24, 1985 Council
Meeting, the Council directed staff to meet with individuals
interested in the Downtown Parking Issue. The staff will be
making a presentation and putting forth recommendations based
on subsequent meetings.
Mayor Payne declared the hearing open for public
participation.
Janet Newton,
Newspaper Guild, spoke
Plan.
representing the Bakersfield
in favor of the alternative Parking
at
Bakersfield, California, May 15, 1985
- Page 6
No protests or objections being received, and no
one else wishing to speak in favor, Mayor Payne closed the
public portion of the hearing for Council deliberation aad
action.
Councilman Barton made a motion to adopt the
Committee Report; the Staff Report regarding the modification
of the parking downtown; items one and two of the letter from
Mr. Stanners, of the Bakersfield Californian dated May 15,
1985, which are: 1) Upon receipt of a specific opinion let-
ter from the City's Bond Counsel, the Bakersfield Californian
and the City will meet to negotiate a favorable plan for
Californian employee off-street parking; and 2) No changes in
the current parking regulations in the immediate area sur-
rounding The Bakersfield Californian's downtown headquarters
would be initiated until item #1 is complete; and to receive
and file the letter.
RECESS
Councilman Childs made a motion to recess the meet-
ing at 10:00 p.m.
Mayor Payne reconvened the meeting at 10:12 p.m.
Councilman Barton made a motion that parlimentary
procedure should be followed through the Chairman unless the
Council overrules the Chairman. This motion was unanimously
approved.
Councilman Barton made a motion to direct staff to
prepare a workshop session to advise the Council on Mason's
Rules of Order.
Councilman Dickerson made a substitute motion to
direct staff to prepare a workshop regarding the Mason's
Rules of Order and to include what type of disciplinary
actions the Council should take and how they should be taken
on Council Members.
Councilman Childs made a motion to call for the
question which was unanimously approved.
Councilman Dickerson's substitute motion to direct
staff to prepare a workshop regarding the Mason's Rules of
Order and to include what type of disciplinary actions the
Council should take and how they should be taken, was
defeated by the following roll call vote:
Ayes:
Noes:
Abstaining:
Absent:
Councilmen Barton, Christensen, Dickerson,
Councilmen Rockoff, Childs, Ratty, Mayor Payne
Councilman Moore
None
Pursuant to Section 14 of the City Charter, which
states that in case of a tie vote by the Council the Mayor
shall cast the deciding vote, Mayor Payne voted No.
Councilman Barton's motion to direct staff to pre-
pare a workshop session to advise the Council of the Mason's
Rules of Order was approved by the following roll call vote:
Ayes:
Noes:
Abstaining:
Absent:
Councilmen Rockoff, Barton, Childs, Christensen,
Moore, Ratty
None
Councilman Dickerson
None
Councilman Dickerson made a motion to call for the
question on the parking issue which was unanimously approved.
Bakersfield, California, May 15, 1985 - Page 7
Councilman Barton's motion to accept the Committee
Report and Staff Report regarding the modification of parking
downtown and items one and two contained in the letter from
Mr. Stanners of the Bakersfield Californian, which are:
1) Upon receipt of a specific opinion letter from the City's
Bond Counsel, The Bakersfield Californian and the City will
meet to negotiate a favorable plan for Californian employee
off-street parking; and 2) No changes in the current parking
regulations in the immediate area surrounding the Bakersfield
Californian's downtown headquarters would be initiated until
item #1 is complete, was approved by the following roll call
vote:
Ayes: Councilmen Rockoff, Barton, Childs,
Dickerson, Moore, Ratty
Noes: None
Absent: None
Christensen,
Presentation by Staff regarding the Acqui-
sition and expansion of the Bakersfield
Airpark.
Councilman Barton made a motion to incorporate into
the conditional offer for the Airpark the discretion of staff
to increase the initial payment from $2,100,000 to $2,200,000
and carry back a $1,000,000 note. This motion was approved by
the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Childs,
Dickerson, Moore, Ratty
Noes: None
Absent: None
Christensen,
Councilman Barton made a motion to authorize the
Mayor to execute a contract between the City of Bakersfield
and Federal Aviation Administration to accept the grant for
the purposes of purchasing the Bakersfield Airpark; authorize
staff to apply for second-year funding for the FAA Grant to
implement the second-year phase of the acquisition and
development plan; authorize staff to immediately prepare the
necessary documents to apply for a state grant loan for the
purpose of implementing the Bakersfield Airpark Acquisition
and Development Plan; establish an Airpark Enterprise fund as
described in this report and the Bakersfield Airpark
Business Plan; direct staff to move aggressively toward com-
pletion of the proposed Enterprise Zone designation with the
State and Federal government (should federal enterprise leg-
islation be adopted); direct staff to begin appraisals on
those properties to be included in the second phase of the
Airport Acquisition Plan; and immediately review all existing
leases for the purposes of negotiating a lease acceptable to
the City and lessees to insure the ongoing support and health
of existing businesses of the Bakersfield Airpark, was approved
by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Childs,
Dickerson, Moore, Ratty
Noes: None
Absent: None
Christensen,
Bakersfield, California, May 15, 1985 - Page
Adoption of Resolution No. 71-85, of the
Council of the City of Bakersfield directing
the filing of an application for California
Airport Loan.
Upon a motion by Councilman Barton, Resolution
No. 71-85, of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Childs,
Dickerson, Moore, Ratty
Noes: None
Absent: None
Christensen,
ADJOURNMENT
There being no further business to come before the
City Council, upon a motion by Councilman Barton, the meeting
was adjourned at 12:10 a.m.
ty of' .
Baker s-f'ield, Ca]if
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
Bakersfield,
California, May 22, 1985
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 p.m., May 22, 1985.
The meeting was called to order by Mayor Payne, followed
by the Pledge of Allegiance and Invocation by Councilman Moore.
The City Clerk called the roll as follows:
Present:
Mayor Payne.
Councilmen Barton, Childs, Christensen,
Dickerson, (seated at 7:06 p.m~) Moore,
Ratty, Rockoff
Absent: None
PRESENTATION OF PLAQUE
Mayor Payne presented The Key to the City of Bakersfield
to Mary C. Bultman in appreciation for the Julian Curtis Bultman
Memorial which she donated to the City.
SCHEDULED PUBLIC STATEMENTS
Wendy Wayne, Community Connection for Child Care,
420 - 18th Street, spoke regarding Child Care Needs Assessment
City of Bakersfield Employees.
for
Upon a motion by Councilman Ratty, one additional min-
ute was allowed for Ms. Wayne to complete the public statement.
Councilman Ratty made a motion to refer the Child Care
Needs Assessment to the Intergovernmental Relations Committee.
Councilman Christensen called for the question, which
was defeated by the following roll call vote:
Ayes: Councilmen Childs, Ratty
Noes Councilmen Barton, Christensen,
Absent: None
Dickerson, Moore, Rockoff
Councilman Dickerson made a substitute motion to refer
the Child Care Needs Assessment to the Auditorium and Community
Services Committee which was defeated.
Upon a motion by Councilman Ratty, the Child Care
Assessment was referred to the Intergovernmental Relations
Committee with Councilman Dickerson abstaining.
Needs
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from Joseph Victori Wines, Inc., 125 Second Street, Brooklyn, NY,
dated May 3, 1985, requesting a grant for a proposed bottling plant
to package wine coolers at 1233 East California Avenue, was
received and referred to the Urban Development Committee.
Upon a motion by Councilman Rockoff, communication from
the Convention Bureau of Greater Bakersfield, 1000 Truxtun Avenue,
Suite C, Bakersfield, dated May 9, 1985, requesting name change on
City contract, was received and referred to the Budget and Finance
Committee.
Upon a motion by Councilman Christensen, communication
from Beverly A. Burright, President Bakersfield Art Association,
1930 "R" Street, Bakersfield, dated May 1, 1985, submitting Needs
Assessment Report from Bailey Consulting Associates, was received
and referred to the Auditorium and Community Services Committee.
Bakersfield, California, May 22, 1985 - Page 2
Upon a motion by Councilman Rockoff, communication from
Chelsea Investment Company, Oak Park Tower, 3200 21st Street,
Bakersfield, dated May 13, 1985, requesting amendment to the land
use element of the Genera] Plan for commercial use of parcels
located between 21st and 24th Streets west of Oak Street and east
of Stine Canal, was received and referred to Planning Commission
for study and recommendations.
Upon a motion by Councilman Childs, communication from
Marsh/Brown Development, 1401-A Virginia Street, Bakersfield,
dated May 14, 1985, requesting Community Development Block Grant
Assistance for a 24-unit apartment to be constructed on 4th Street
between "N" and "P" Streets, was received and referred to the
Budget and Finance Committee.
Upon a motion by Councilman Childs, communication from
Jimson Way Station of America, Inc., P.O. Box 10615, Bakersfield,
dated May 10, 1985, requesting Community Development Block Grant
Assistance for commercial development at 1351 E. California
Avenue, Bakersfield, was received and referred to the Budget and
Finance Committee.
Upon a motion by Councilman Ratty, communication from
Mrs. Emma Sturgis, 2432 Sandy Lane, Bakersfield dated May 14,
1985, protesting increases in utility rates, was received and
referred to the Finance Department for response.
Upon a motion by Councilman Christensen, communication
from Joseph Victori Wines, Inc., 125 Second Street, Brooklyn, NY,
dated May 17, 1985, requesting vacation of the alley on the east
side of 1233 E. California Avenue, known as "Old Lakeview
Avenue", was received and referred to Public Works.
Upon a motion by Councilman Barton, communication from
Tom Dybeck, 2713 Bladen, received on May 17, 1985, expressing his
support for Councilman Dickerson, was received and placed on file.
Upon a motion by Councilman Rockoff, communication from
Simpson-Vancuren Inc., 2210 Chester Avenue, Suite "C", dated May
17, 1985, requesting withdraw of application for General Plan
Amendment to allow commercial property at the southeast corner of
Alta Vista Drive and Bernard Street, was received and referred to
the Planning Department.
Mayor Payne announced that Sequoia Engineering is with-
drawing Tentative Tract No. 4802, which is the subject of a pub-
lic hearing on an Appeal by Sandra Campbell to the decision of the
Planning Commission approving the substandard width lots, street
circulation design, location of drainage sump and lack of a park,
in Tentative Tract No. 4802 on tonight's agenda. Therefore, there
will be no public hearing.
COUNCIL STATEMENTS
Upon a motion by Councilman Rockoff, the nomination of
Karen Carlson to the Citizens Auditorium Committee was considered
an emergency matter to be heard.
Upon a motion by Councilman Rockoff, Karen Carlson,
2323 East Hills Drive, No. 13, was nominated to the Citizens
Auditorium Committee for a term to expire January 3, 1991.
Councilman Dickerson suggested that the Council meet
weekly dealing with the issues of the public, such as hearings.
REPORTS
City Manager Caravalho made a presentation regarding the
Proposed 1985-1986 Operating Budget and the Capital Improvement
Budget.
Bakersfield, California, May 22, 1985 Page 3
Upon a motion by Councilman Barton, the Proposed 1985-86
Operating Budget was referred to the Budget and Finance Committee
and reclassification requests were referred to the Personnel
Committee.
Upon a motion by Councilman Barton, June 17th was the
date set for public hearing for maintenance districts; June 18th
for public hearing for General Revenue Sharing Funds; and June 17th,
18th and 19th at 5:30 p.m. for the public hearing on the Proposed
1985-1986 Operating Budget. Councilman Christensen abstained.
SCHEDULED PUBLIC STATEMENTS
John Duemmel, 4215 Till, D-19, spoke in opposition to
funding with Industrial Development Bonds for the Heritage
Convalescent Center.
Upon a motion by Councilman Childs, Mr. Duemmel's con-
cern regarding the funding for the Heritage Convalescent Center,
was referred to staff.
REPORTS
Councilman Barton read Report No. 6-85 from the Budget
and Finance Committee regarding Community Block Grant Annual
Application - Fiscal Year 1985-86 as follows:
The proposed CDBG application amounts to
$1,442,682. This figure represents $1,382,000
in new program funds and $85,137 in program
income. Staff presented a proposed budget with
$474,282 budgeted for personnel, operations and
capital equipment and the remaining $968,400 was
budgeted for capital projects. The proposed
budget did not include the funding of any out-
side requests. Those requests amount to
$1,103,000.
There were five requests for CDBG funds from
outside organizations. Three of these organiza-
tions presented their proposals to this committee
on May 14, 1985. We heard proposals from the
Community House, Community Connection for Child
Care and the Bethany Service Center. The King
Way Mission withdrew their proposal, and the
Fox-Davis Child Care proposal was not heard
because they were unable to attend the schedaled
committee meeting.
The recommended changes reflect partial funding
of the outside requests as presented to this
committee.
The Community House presented their request for
funds to renovate and rehabilitate the Senior
Citizens Center in Centrat Park. They indicated
that they have had preliminary discussions with
the Kern County Community Development Department
regarding the possibility of joint funding. We
feel that this opportunity should be pursued
further. Part of their proposed improvements
include the expansion of the existing parking
lot. We are recommending that CDBG funding
the amount of $35,000 be made available for this
purpose. We are further recommending that staff
work with Community House and the Kern County
Community Development Department to refine the
scope of the proposed renovation and rehabilita-
tion and explore the possibility of joint fund-
ing in Fiscal Year 1986/87.
Bakersfield, California, May 22, 1985 - Page 4
Community Connection for Child Care presented
their request for $128,000 to purchase and fur-
nish two modular structures to be used to pro-
vide extended day child care services. The
service would be provided at Stine and Castle
Schools in the Panama School District. The aim
of their effort is to impact the "latchkey"
child issue. We support their aim and fee] that
the project is worthwhile; however, we are
recommending funding in the amount of $64,000 to
purchase one modular unit for one school site.
By providing funding for one site, we will be
able to assist them in their effort without
severely impacting the proposed CDBG budget.
Community Development Block Grant regulations
required that 51% of the participants in the
proposed center qualify as low and moderate
income families. Therefore, prior to funding
this request the Community Connection for Child
Care must demonstrate that the participants will
meet this criteria. If they cannot comply with
this requirement, then these funds will be
reprogrammed for fire system improvements.
Staff is directed to provide them with the cur-
rent qualifying income limits.
The Bethany Service Center operates the Good
Shepherd Mission at 800 Baker Street. They are
seeking assistance to purchase the Baker Street
site and to rehabilitate the structure. They
have applied for acquisition money from a State
funded program that is being administered
locally by the United Way. The probability of
their proposal receiving funding is favorable.
They are expected to receive an answer to their
application on June 7th. In the meantime, we
have suggested that they approach the County to
explore possibilities of joint City/County fund-
ing of the rehabilitation of the Baker Street
site. With this in mind, we are recommending
that $20,000 be made available for rehabilitation
assistance pending the outcome of their applica-
tion and discussions with the Kern County
Community Development Department. If the
requested funding from the State is not
received, then the $20,000 will be reprogrammed
for fire system improvements.
There was some discussion of the Fox/Davis Child
Care proposal even though they were unable to
attend the meeting. We feel that this project
is worthwhile and would provide a needed service
to the nearby low income residents. They pro-
pose to lease the vacant fire station at
Brundage and Kincaid and convert it into a child
care center. This project would work well with
the proposed Enterprise Zone and the nearly com-
pleted Westminister Tile Project on Brundage.
Therefore, we are recommending that $125,000 be
made available for funding the renovation of the
vacant fire station into a child care center.
This recommendation is contingent upon Drs. Fox
and Davis receiving State child care subsidies
or committing to provide the child care services
at a subsidized rate using their own funds. A
further requirement is that they acquire property
within 350 feet of the proposed project site to
provide the required off-street parking.
Funding of this project will reduce the proposed
funding for curbs and gutters in Census Tract 14.
Bakersfield, California, May 22, 1985 - Page 5
However, staff has discussed this with the
Public Works Department and were informed that
the reduction would not adversely affect their
planned operations for Fiscal Year 85/86. As an
option to the Fox/Davis proposal, this committee
is interested in pursuing a project similar to
the one proposal by the Community Connection for
child care. This would provide child care serv-
ices in cooperation with the area school
district. If Drs. Fox and Davis are unable to
comply with the previously stated conditions,
then the funds should be used to provide a struc-
ture for extended day care at a school site in
the southeast. Any funds remaining would then
be reprogrammed for curbs and gutters in Cen:~us
Tract 14.
Therefore, based on the information just pre-
sented, the committee is recommending that the
proposed budget be amended as follows:
CDBG Budget Proposed Recommended Change
Fire/Water
Mains 150,000 31,000 94,000
Curb & Gutter 150,000 25,000
150,1)00
Total Change $244,000
Outside Request
Requested
Recommended
Community House
375,000 35,000
Community Connection
for Child Care 128,000
64,000
Bethany Service
Center
98,000 20,000
Fox/Davis Child
Care 300,000 125,000
Total Recommended $244,000
Therefore, based on our review of the proposed
Community Development Budget for Fiscal Year
85/86, we recommend the following:
1. Approve the changes incorporated in this report;
2. Approve the Application with the recommended
changes; and
3. Authorize staff to submit the application
for funding.
Councilman Barton made a motion to receive Report No.
from the Budget and Finance Committee regarding Community Block
Grant Annual Application - Fiscal Year 1985-86. This motion was
unanimously approved.
6-85
Councilman Barton made a motion to approve changes
incorporated in Report No. 6-85 from Budget and Finance Committee;
with the exception of Bethany Service Center; and any project not
funded, those monies to be reevaluated for projects under consid-
eration in this report.
In accordance with the new procedures,
having lasted longer than 15 minutes, was moved
agenda.
Report No. 6-85,
to the end of the
Bakersfield, California, May 22, 1985 Page 6
Councilman Barton read Report No. 5-85 from the Urban
Development Committee regarding completion of Tract 4197 as
follows:
At the April 24, 1985 Council Meeting, the
Council referred to the Urban Development
Committee a complaint regarding the completion
of Tract 4197. The basis of the complaint
pertained to water ponding along the gutter at
various locations within the Tract.
This Tract was developed by B.L. Dickinson,
Inc., through an improvement agreement with
the City dated July 7, 1982. An Irrevocable
Letter of Credit in the amount of $33,570
guaranteed the faithful performance of the
improvements to be constructed. Since July of
1982, there have been problems with settlement
of the curb and gutter causing water to pond
along the street. The developer has made
numerous repairs throughout the Tract and most
of the streets now drain adequately, however,
there still exists a few areas where water
ponds.
Since no new repairs have been made during the
last six months, this committee recommends
that the developer be given thirty days to
correct the problems and complete the Tract.
If the problems are not corrected within the
thirty days, the Committee recommends that no
certificate of occupancy be issued on other
properties developed by D.L. Dickinson until
the Tract is completed or that the City not
enter into any further improvement agreements
with Mr. Dickinson or his business.
Councilman Barton made a motion to accept Report No.
5-85 from the Urban Development Committee, regarding completion of
Tract 4197; approve recommendations; and that the City take
other appropriate methods for compliance including requiring
greater security for future subdivisions by Mr. Dickinson. This
motion was unanimously approved.
Councilman Barton, Chairman of the Urban Development
Committee, read Report No. 6-85 regarding Bakersfield City School
District request for imposition of fees on residential
development as follows:
The Board of Trustees of the Bakersfield City
School District passed a resolution requesting
the City Counci! and the Kern County Board of
Supervisors to acknowledge overcrowded condi-
tions at thirteen schoo! attendance areas and
impose development fees. This request was in
keeping with past approvals for the school
district of Panama, Greenfield, Rosedale and
Buena Vista, under Chapter 15.70 of the
Bakersfield Municipal Code. This issue was
heard by the City Council on April 24, 1985,
however representatives of the Building
Industry Association (B.I.A.) voiced their
concern regarding statistics justifying the
overcrowded conditions within the City School
District. Because of the concern indicated by
the developers, this issue was referred to
the Urban Development Committee. We met last
week with representatives of both the B.I.A.
and the Bakersfield City School District and
heard both sides.
Bakersfield, California, May 22, 1985 Page 7
Attached to this report is a letter from
Dr. Herb Cole, District Superintendent,
regarding the overcrowded conditions of the
Bakersfield City School District. This
Committee is now in agreement that the
District is impacted by growth and that the
figures that they have set forth are accurate.
We, therefore, recommend that the City Counci!
concur in the School Board findings of over-
crowding and approve the fees requested sub-
ject to adoption of the same fees for
development in the unincorporated area of the
District by the County Board of Supervisors.
Further, we recommend that these developer
fees be established on a temporary basis.
Reports are to be performed annually and if
these figures prove that the District no
longer qualifies due to overcrowded con-
ditions, then the fees would be terminated.
The Committee also recommends that the school
districts utilizing development fees consider
other revenue producing ideas such as a tax
override election to resolve their financial
dilemma. In doing so, the costs would be more
evenly distributed and one segment at the corn-
munity such as the developers would not be
carrying the full financial impact.
Upon a motion by Councilman Barton, Report No. 6-85 from
the Urban Development Committee was received with the word "audit"
on the second page changed to "report."
Councilman Dickerson read Report No. 4-85 from the
Auditorium and Community Services Committee, regarding Parks
Southwest Bakersfield, as follows:
The draft Recreational Element of the General
Plan identifies three areas in the developed
portions of the City that do not have a
neighorhood park. These areas are in the gen-
eral vicinity of:
1) Akers Road and White Lane
2) Akers Road and Harris Road
3) Fairview Road and South "H"
Street
These areas were developed in small parcels,
and it was not economica!!y feasible for the
developers to provide for a park.
At the April 24, 1985, Council meeting, the
issue of parks in these areas was referred to
the Auditorium and Community Services
Committee. This committee has met with the
staff and makes the following evaluations and
recommendations.
AKERS ROAD AND WHITE LANE
For the neighborhood bounded by Planz Road,
Wible Road, Pacheco Road and Stine Road, the
area is almost completely deve!oped. The City
owns a 3.6-acre parcel near the center of the
neighborhood which could be used as a park.
There is vacant property on the south side
of the park site which the staff will evaluate
for expansion of the park. The existing parcel
Bakersfield, California, May 22, 1985 Page 8
is slightly larger than Amberton Park and is
sufficient in size for the basic park improve-
ments, including park tables, barbeques, tot
lot and playground equipment. To develop this
area as a park, the following steps are
recommended:
1) Petition the residents to form a District
to maintain the park.
2) Apply for State Park Grant to construct
the park improvements.
AKERS ROAD AND HARRIS ROAD
For the neighborhood bounded by Pacheco
Road, Freeway 99, Arvin-Edison Canal and Stine
Road, there are four vacant parcels suitable
for a park site. A site is located at the
southeast corner of Akers Road and Harris
Road. This site is centrally located within
the neighborhood. However, a Tract Map has
been filed on this property and the site may
not be available. The second vacant parcel is
along the north edge of the neighborhood on
Pacheco Road on property owned by California
Water Service Company. This property could be
available through a long-term ]ease arrange-
ment. The third vacant property is along the
south edge of the neighborhood on Panama Road.
This property is presently farmed. The fourth
vacant parcel is a radio antenna site on Marin
Street. This parcel has poor access for a
park and has three radio towers with numerous
guy wires. In addition, a tentative tract map
has been filed on this parcel.
For this neighborhood, the committee recom-
mends the following:
1) Direct the staff to explore various alter-
natives to obtain a park site, including pri-
vate contributions, lease arrangements and
acquisition using state park fund grants.
2) Petition the residents to form a District
to maintain the park.
PAIRVIEW ROAD AND SOUTH "H" STREET
For the neighborhood bounded by Pacheco Road,
South "H" Street, Panama Lane and Freeway 99,
there are only two vacant parcels suitable for
a park site. One parcel along Panama Lane
is not centrally located within the neigh-
borhood. The second parcel is owned by the
Greenfield School District and is a proposed
school site. The committee recommends the
following:
1) The staff be directed to contact the
Greenfield School District to determine if a
portion of the property could be developed
with recreational facilities through a joint
use agreement.
2) If a cooperative agreement appears
feasible, the residents should be petitioned
to form a District to maintain the recrea-
tional facilities.
Bakersfield, California, May 22, 1985 - Page 9
3) If the cooperative agreement is not
feasible, the staff will look at other loca-
tions east of South "H" Street for a future
park site.
Upon a motion by Councilman Dickerson, Report No. 4-85,
from the Auditorium and Community Services Committee, regarding
Parks in Southwest Bakersfield, was accepted, with the wording on
page two "The preferred site" being changed to "A site."
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 7-85 regarding request from
Kern Farmers Market Association, as follows:
Attached to this report is a request from the
Kern Farmers Market Association to use the
City parking lot on 23rd and "H" Street for
their certified Farmers Market. This request
was submitted to the City Counci! at the May 8,
1985 Council Meeting, however, action could
not be taken until recently due to the uncer--
tainty of the parking situation in the down-
town area.
Their request is to use this site on Saturdays
from 8 a.m. to 1 p.m. and Thursdays from 9
a.m. to 1 p.m. or from 4 p.m. to 6:30 p.m.
This committee has no objection to the
Saturday usage, however due to the recent
changes in the downtown parking, we are con-
cerned about the Thursday usage. At this
time, we are recommending approval for
Saturday usage and denial for the Thursday
usage. We would suggest that staff be
instructed to monitor the utilization of this
lot during the week and if it is not being
utilized, we will give further consideration
to their request.
We further recommend that the City Attorney be
instructed to draw up the necessary agreement
which will provide for supervision, clean-up
and liability insurance.
Upon a motion by Councilman Rockoff, Report No. 7-85,
from the Budget and Finance Committee regarding request from Kern
Farmers Market Association, was accepted; and recommendations con-
tained therein approved.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
Allowance of Claim Nos. 6612 to 6994, inclu-
sive, in the amount of $1,718,308.86.
b. Claim for Personal Injury from Michael Scott
Vest, 3713 Granada, Bakersfield. (Refer to
City Attorney)
Claim for Personal Injury from Greg Gladwin,
10767 Woodbine, #218, Los Angeles. (Refer to
City Attorney)
d. Claim for Personal Injury from Norma L. Hobbs,
11687 Bellagio Road, #11, Los Angeles. (Refer
to City Attorney)
Claim for Damages from Mark Richard Bowman,
1420 Pacific Street, Bakersfield. (Refer to
City Attorney)
Bakersfield, California, May 22, 1985 Page 10
f. Claim for Damages from Rebecca L. Schmidt,
2918 Fordham Street, Bakersfield. (Refer
City Attorney)
to
Claim for Damages from Farmers Insurance
Exchange for Sharon Boedeker, P.O. Box 2285,
Bakersfield. (Refer to City Attorney)
Quitclaim from the City of Bakersfield to
Tenneco West, Inc., for a temporary sewer
line easement back to the property owner,
within the Ashe Road right-of-way.
Map of Tract No. 4673 and Improvement
Agreement with Covington Technologies for
the construction of improvements located
on the north side of Fairview Road easterly
of South "H" Street.
j. Notice of Completion and Acceptance of Work on:
Reconstruct a portion of Harris Road between
Akers Road and Stine Road, Contract No. 84-223,
with James G. Francis.
Median Modifications at California Avenue
and Chester Lane; California Avenue and Mohawk
Street; Ming Avenue and Stine Road; Ming
Avenue and Westholme Boulevard; and Stockdale
Highway and Cherry Hills Drive, Contrac! No.
85-36, with Granite Construction.
Plans and Specifications for pavement improve-
ments on portions of Mr. Vernon Avenue.
Plans and Specifications for Phase II and III
of the Bakersfield Senior Citizen Center, 530
4th Street.
vote:
Upon a motion by Councilman Rockoff, Items a, b, c, d,
g, h, i, j, k, l, were approved by the following roll ca]]
Ayes:
Noes:
Absent:
Councilmen Barton, Childs, Christensen,
Ratty, Rockoff
None
None
Dickerson, Moore,
ACTION ON BIDS
Upon a motion by Councilman Childs, bid from Hopper
Inc., in the amount of $5,287.28, for Firehose Drying Tower, was
accepted and all other bids were rejected.
Upon a motion by Councilman Ratty, bid from Granite
Construction, in the amount of $54,453.00, for resurfacing "L"
Street from Truxtun Avenue to 24th Street, was accepted, all other
bids rejected and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Ratty, bid from James G.
Francis Contractor, in the amount of $180,237.00, for the widening
of Coffee Road from Westfield Drive to Kern River and construction
of A.C. Dike along Truxtun Avenue, was accepted, all other bids
rejected, and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Christensen, bid from
Exclusively Expo, Inc., in the amount of $4,735.55, for trade show
decorating items was accepted and all other bids were rejected.
Bakersfield, California, May 22, 1985 - Page 11
Upon a motion by Councilman Moore, bids from Van Waters
& Rogers (four items), in the amount of $5,696.33, and Target
Chemical (three items), in the amount of $4,736.08, and Helena
Chemical (three items), in the amount of $3,092.36, for
Miscellaneous Chemicals for the Parks Division, were accepted, and
all other bids were rejected.
Upon a motion by Councilman Childs, bids froin Clow
Corporation (one item), in the amount of $76,090.00, and Long
Beach Iron Works (three items) in the amount of $10,703.00 for
fire hydrants and burys for Fire Department, were accepted, and
all other bids were rejected.
Upon a motion by Councilman Dickerson, bids from San
Diego Fire Equipment Co., (six items), in the amount of $3,559.41,
Halprin Supply Co., (four items), in the amount of $1,264.32, and
Western Fire Equipment (two items), in the amount of $4,976.37,
for fire clothing and equipment, were accepted, and all other bids
were rejected.
Upon a motion by Councilman Childs, bid from HPS Incor-
porated, in the amount of $13,365.00 for Construction of
eight-inch sewer pipe in Union Avenue, north of California Avenue,
was accepted, all other bids rejected, and the Mayor was author-
ized to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2974 New Series
of the Council of the City of Bakersfield
amending Title Seventeen of the Bakers-
field Municipal Code by changing the
Land Use Zoning of that certain property
in the City of Bakersfield located on the
northeast corner of Fortune Street and
Panama Lane.
This ordinance was given first reading at the meeting of
May 8, 1985.
Upon a motion by Councilman Dickerson, Negative
Declaration and Ordinance No. 2974 New Series finding said zoning
consistent with the General Plan, was adopted by the following
roll call vote:
Ayes: Councilmen
Noes: None
Absent: None
Barton, Childs, Christensen,
Ratty, Rockoff,
Dickerson, Moore,
HEARINGS
This is the time set for continued public
hearing for the purpose of considering
adoption of Resolution No. 72-85 making
findings and setting forth fees to finance
interim school facilities, payable as a
condition of approval of residential
development, for relieving the overcrowded
conditions in the Bakersfield City Scho¢,l
District in those portions of the Casa
Loma, Eissler, Hort, Harding, Longfellow,
Voorhies, Frank West and Mt. Vernon
Elementary Schools and Chipman, Compton,
Emerson, Washington and Sierra Jr. High
Schools attendance areas of the district
that are in the City of Bakersfield.
Mayor Payne declared the hearing open for public par-
ticipation.
Bakersfield, California, May 22, 1985 Page 12
RECESS
Upon request of Councilman Christensen, Mayor Payne
recessed the meeting for ten minutes at 9:00 p.m. The Mayor
reconvened the meeting at 9:10 p.m.
Frank Fekete, general counsel for Schools Legal Service,
representing the Bakersfield City School District, spoke in favor
of the resolution.
Dave Price, representing Building Industries
Association, spoke in opposition to the resolution setting fees.
Frank Sousa, general contractor, spoke in opposition to
the resolution.
There being no further protests
and no one else wishing to speak in favor,
public portion of the hearing for Council
or objections received
Mayor Payne closed the
deliberation and action.
Upon a motion by Councilman Ratty, Resolution No. 72-85
was approved by the following roll call vote:
Ayes: Counci
Noes: None
Absent: None
lmen
Barton, Childs, Christensen,
Ratty, Rockoff
Dickerson, Moore,
This is the time set for public hearing
before the Council for hearing protests
by persons owning real property or any
registered voter residing within ter-
ritory designated as "California Avenue
No. 5.", proposed to be annexed to the
City of Bakersfield.
Upon a motion by Councilman Childs, Resolution No. 73-85
making findings that written protests, if any have been filed and
not withdrawn, have been filed by owners of land and improvements
who own less than 50 percent of the total assessed value of land
and improvements within the territory and order the territory des-
ignated as Proceeding No. 865, Annexation No. 295, (Ca]ifornia
No. 5) annexed to the City of Bakersfield, was approved by the
following roll call vote:
Ayes: Councilmen
Noes: None
Absent: None
Barton, Childs, Christensen,
Ratty, Rockoff
Dickerson, Moore
This is the time set for public hearing
before the Council on an Appeal by
Sandra Campbell to the decision of the
Planning Commission approving the
substandard width lots, street circulation
design, location of drainage sump and
lack of a park, in Tentative Tract No. 4802,
located in South Bakersfield on the
southeast corner of Harris Road and
Akers Road
Homestead
Tentative
Bob Smith, representing Sequoia Engineering, on behalf of
Land Development, stated Sequoia Engineering is withdrawing
Tract No. 4802.
Mayor Payne restated that because Tentative Tract No.
4802 is being withdrawn, there would be no hearing on an Appeal
Sandra Campbell to the decision of the Planning Commission.
by
Bakersfield, California, May 22, 1985 Page 13
This is the time set for public hearing
before the Council on an Appeal by Heath
and Company to the decision of the Planning
Commission denying their request for a
Special Sign Permit for a free standing
pylon sign on the property at 1300 Wible
Road.
Mayor Payne declared the hearing open for public partici-
pation.
Bill McClure, of Heath and Company Signs, outlined the
reasons for the appeal, and the visibility of the sign from adja-
cent streets. He stated the developer has stipulated that
any future development of a parcel to the north would only be
allowed a monument sign. The height of the proposed sign is 21
feet six inches.
No further protests or objections being
one wishing to speak in favor, the public portion
was closed for Council deliberation and action.
received and no
of the hearing
Councilman Rockoff made a motion to uphold the appeal
subject to the condition that a pole sign or monument sign not be
allowed on the final parcel and that this sign be subject to the
same restrictions that the Gemco and Pep Boys Sign would have at
the time the new sign ordinance is adopted with the height being
21 feet six inches, was approved by the following roll call vote:
Ayes: Councilmen Barton, Childs,
Ratty, Rockoff
Noes: None
Absent: None
Christensen,
Dickerson, Moore,
This is the time set for public hearing
before the Council for the purpose of
considering amendments to the Sign
Ordinance (Chapter 17.60, Municipal Code
of the City of Bakersfield).
Mayor Payne declared the hearing open for public partic-
ipation.
Bill McClure, representing Heath and Company Signs,
spoke in favor of the Ordinance with the amendments to the Sign
Ordinance as stated in their letter dated May 22, 1985,~ as it
affects electrical outdoor advertising signs in C-2, M-1 and M-2.
Dave Price, representing Building Industry Association,
spoke in favor of the Ordinance with regard to the marketing and
advertising of single family tracts and apartment complexes as it
relates to signs in the residential zones and light commercial zone:s.
Wayne MacNamee, President of Center Neon Company Inc.,
stated that the new ordinance will affect the existing businesses
more than the existing ordinance does. He expressed concera that
SB 142, which has been passed, states that signs can no longer be
acquired by changing ordinances without buying the sign. He spoke
in opposition to changing the ordinance at this particular time,
and requested that the existing ordinance be enforced.
No further protests or objections being received and no
one else wishing to speak in favor, Mayor Payne closed the public
portion of the hearing for Council deliberation and actlion.
Upon a motion by Councilman Rockoff, comments were
referred to the Urban Development Committee for review with a rec-
ommendation to come back to Council, and that first reading be
considered given to the Sign Ordinance.
Bakersfield, California, May 22, 1985 - Page 14
NEW BUSINESS
First reading of an Ordinance amending
Title Seventeen of the Municipal Code of
the City of Bakersfield by changing the
Land Use Zoning of those certain properties
in the City of Bakersfield commonly known
as 193 through 220 Oakbank Road.
First reading of an Ordinance amending
Title Seventeen of the Municipal Code of
the City of Bakersfield by changing the
Land Use Zoning of that certain property
in the City of Bakersfield commonly known
as 3801 Pierce Road.
First reading of an Ordinance amending
Title Seventeen of the Municipal Code of
the City of Bakersfield by changing the
Land Use Zoning of that certain property
in the City of Bakersfield commonly known
as 200 Coffee Road.
Adoption of Resolution No. 74-85 of the
Council of the City of Bakersfield
approving the Block Grant application
for Grant funds under the Urban Open-Space
and Recreation Program for Improvements at
Beach and Martin Luther King Parks.
Upon a motion by Councilman Childs, Resolution No. 74-85
of the Council of the City of Bakersfield was adopted by the fol-
lowing roll call vote:
Ayes: Councilmen Barton, Childs,
Ratty, Rockoff
Noes: None
Absent: None
Christensen,
Dickerson, Moore,
Adoption of Resolution No. 75-85 of
Council of the City of Bakersfield
amending the 1984-85 Budget.
the
Upon a motion by
of the Council of the City
lowing roll ca]] vote:
Councilman Barton, Resolution No. 75-85
of Bakersfield was adopted by the fol-
Ayes: Councilmen Barton, Childs,
Ratty, Rockoff
Noes: None
Absent: None
Christensen,
Dickerson, Moore,
Approval of Agreement No. 85-81 with the
County of Kern for continuation of the
Adult Diversion Program, a cooperative
effort between the Kern County Probation
Department and the Bakersfield Police
Department.
Upon a motion by Councilman Barton,
was approved and the Mayor was authorized to
by the following roll call vote:
Agreement No. 85-81
execute the contract,
Ayes: Councilmen Barton, Childs,
Ratty, Rockoff
Noes: None
Absent: None
Christensen,
Dickerson, Moore
Bakersfield,
California,
May 22, 1985 - Page 15
Appointment of independent
Price Waterhouse to audit
Records.
audit firm of
1984-85 Financial
Upon a motion by Councilman Rockoff, Price Waterhouse
was appointed to perform City of Bakersfield and related entities'
annual audit.
Adoption of Emergency Ordinance No. 2975
New Series of the Council of the City of
Bakersfield amending Section 8.44.050 B. 3.
of the Bakersfield Municipal Code regarding
Regulations for Temporary Firework Stands.
Councilman Barton stated that due to a real or imagiaary
conflict of interest he will not participate in the discussion of
this matter, because he is a wholesale salesman for a fireworks company
that may or may not provide fireworks to one of these particular
churches.
Councilman Dickerson stated that due to a real or imagi-
nary conflict of interest, he will not participate in the
discussion of this matter, because he is involved with fireworks.
Upon a motion by Councilman Rockoff, Emergency Ordinance
No. 2975 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Childs, Moore,
Councilman Christensen
None
Ratty, Rockoff
REPORTS CONTINUED
Councilman Barton restated his motion that if any pro-
jects listed as line items failed to qualify, that source of funds
would be reevaluated by the Committee on all project requested
items, which would include: fire mains; curb and gutters;
Community House, etc.
Upon a motion by Councilman Rockoff, the motion regard-
ing Report No. 6-85 from the Budget and Finance Committee was
reconsidered with Councilman Childs voting no.
Councilman Barton restated his motion to approve the
changes incorporated in the report with the following additions:
refer to colnmittee any funds from a line item that did not quali-
fy; it would go to committee for study and recommendation back to
Council as to be added to any or all the line items contained in
the report. This motion was approved with Councilman Childs vot-
ing no.
Councilman Rockoff stated that due to a real or imagi-
nary conflict of interest, he will not participate in the discus-
sion of this matter because he has received a fee from Bethany
Service Center.
Councilman Barton made a motion to include the changes
incorporated in Report No. 6-85 from the Budget and Finance
Committee dealing with the Bethany Service Center. This motion
was approved.
Upon a motion by Councilman Barton, the application was
approved with the recommended changes and staff was authorized to
submit the application for funding.
Councilman Christensen made a motion that the Council
meet weekly.
Bakersfield, California, May 22, 1985 Page
Councilman Moore made a substitute motion to adopt the
rules and procedures implemented at tonight's Council meeting and
evaluate them meeting by meeting. This motion was unanimously
approved.
Upon a motion by Councilman Childs, staff was directed
to set up a workshop to deal with the agenda.
Councilman Childs made a motion
up a workshop dealing with meeting dates.
defeated by the following roll call vote:
to direct staff to set
This motion was
Ayes: Councilmen Childs, Christensen, Dickerson
Noes: Councilmen Barton, Moore, Ratty, Rockoff
Absent: None
ADJOURNMENT
There being no further business to
Council, upon a motion by Councilman Childs,
adjourned at 12:05 a.m.
come before the
the meeting was
ATTEST:
MAYOR of the City ~)f B~kersfield, Calif.
CITY CLERK and Ex officio Clerk of the Council
of the City of Bakersfield, California
CW:rg
Bakersfield, California, June 12, 1985
Minutes of a regular meeting of the Council of
of Bakersfield, California, held in the Council Chambers
Hall at 7:00 p.m., June 12, 1985.
the City
of City
The meeting was called to order by Mayor Payne,
by the Pledge of Allegiance and Invocation by Councilman
Moore.
followed
RoIlie
The City Clerk called the roll as follows:
Present: Mayor Payne. Councilmen Childs, Christensen, Dickerson,
Moore, Ratty, Rockoff,
Absent: Councilman Barton
SCHEDULED PUBLIC STATEMENTS
Mike Mason, of Homestead Land Development Corporation,
110 S. Monte Clair, Suite 104, stated that Homestead Land Develop-
ment Corporation would formally like to make available to the City
approximately 4.8 acres to be used as a park on the corner of
Pierce and Akers Roads. He stated that the action is voluntary
and not as a result of previous action by any Councilmembers.
Upon a motion by Councilman Dickerson the offer of a 4.8
acre site to be used as a park on the corner of Pierce and Akers
Roads was referred to the Auditorium and Community Services
Committee for review and recommendation, with Councilman Barton
absent and Councilman Childs abstaining.
would not
answered.
Councilman Childs
be a part of this
explained he abstained because he
action without some questions being
Gary Gadeke, of Sand Creek Golf Club, 700 N. E1 Rio,
submitted petitions to the City Clerk and highlighted his report
regarding construction and operation of a golf course facility in
the Kern River Channel near the intersection of Coffee Road and
Stockdale Highway.
Paul Santy, of Sand Creek Golf Club, 700 N. E1 Rio,
spoke in support of a golf club.
Robert King, 2206 San Marino Drive, spoke in support of
Akers No. 3 Annexation.
Ben Phipps, 1700 Golden State Highway, requested that
the Council consider grandlathering all existing signs.
Turney Powers, Businessman, 3605 Crest Drive, spoke in
opposition to the proposed Sign Ordinance.
Rob Miller, 4404 Brewer Avenue, spoke in opposition to
the proposed Sign Ordinance.
Bob Martin, of Martin Communications, 4949 Bnckley
Way, spoke in opposition to the outdoor section of the proposed
Sign Ordinance.
Tom Fallgatter, 1430 Truxtun Avenue, spoke in opposition
to the adoption of the Sign Ordinance tonight because the com-
munity as a whole has not had ample opportunity to provide input.
Nancy Bailey representing Kern County Coalition for
Lesbian and Gay Civil Rights, 3500 Grassotti Court, provided a
copy of a resolution and requested the Council adopt a resolution
naming the third Sunday in each June as Gay and Lesbian Pride Day.
Bakersfield, California, June 12, 1985 Page 2
~ Reverend Arlene Aekerman, 2415 Alta Vista Drive, spoke
in support of designating the third Sunday in each June as Gay and
Lesbian Pride Day.
Portales,
the final
Michele Hoffman, representing Kern Audubon Society, 120
requested an Environmental Impact Report before making
plans on the area of the Sand Creek Golf Course.
Ten Murphy, 205 Haggin, spoke in
submitted to the Council on March 13, 1985,
of a riparian preserve.
support of his proposal
for the establishment
Paul Edgren, representing Newport Federal, spoke in sup-
port of the 99-bed Convalescent Hospital on Auburn Street and
requested an additional resolution to allow tax-exempt bond
financing for the convalescent hospital.
Dave Price, representing the Building Industry
Association, spoke in opposition to the adoption of the proposed
policy regarding Overlook from the Planning Commission and
requested that the policy be referred back to the Planning
Commission for further consideration.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
Brent and Phyllis Barcot, 1505 Flower Street, Bakersfield, dated
May 22, 1985, regarding property located within City and County
Jurisdictions Interim, was referred to staff for analysis for
potential annexation.
Upon a motion by Councilman Ratty, communication from
J.D. and Nelta Axtell, 10300 Kings River Road, Space 22, Reedley,
California, dated May 27, 1985, regarding land dedicated for
street purposes, was received and referred to the Public Works
Department.
Upon a motion by Councilman Christensen, communication
from Laurence Henry, dated April 18, 1985, submitting his resigna-
tion as a member of the Board of Building Appeals, was received
and referred to Council to consider a replacement.
Upon a motion by Councilman Rockoff, communication from
James Cox, 8008 Corte Rey, Bakersfie]d, dated May 28, 1985, pro-
testing the allocation of funds to Newport Beach Company to build
a 99-bed convalescent hospital in Bakersfield, was received and
placed on file.
Upon a motion by Councilman Childs, communication from
California Living Museum (CALM), P.O. Box 6613, Bakersfield, dated
May 27, 1985, requesting "Old Alfred Highway" be renamed to "CALM
Road", was received and referred to staff.
Upon a motion by Councilman Ratty, communication from
Ronald Smith, M & S. Construction, Inc., 12001 Lone Oak Drive,
Bakersfield, dated May 28, 1985, requesting a special hearing to
consider City School Tax Fees, was received and stated that the
hearing has been set for July 10, 1985.
Upon a motion by Councilman Moore, communication from
Pacific Gas and Electric Company, 1918 "H" Street, Bakersfield,
dated May 20, 1985, submitting "Electric Service Improvement
Project - Southwest Bakersfie]d" Report, was received and
additiona! monthly reports, until September 1, 1985, were
requested.
Upon a motion by Councilman Ratty, communication from
Department of Transportation, P.O. Box 12616, Fresno, dated June
1985, submitting a copy of the Report of Public Hearing for the
proposed construction of ramps, was received and referred to the
Public Works Department.
09.
Bakersfield, California, June 12, 1985 Page 3
Upon a motion by Councilman Childs, communication from
Neffco Builders, Star Rt. 4, Box 747, Bakersfield, received
June 5, requesting CDBG Assistance for proposed project at
1102 Gage Street was received and referred to the Budget and
Finance Committee for review.
Upon a motion by Councilman Rockoff, communication from
Manufacturers Hanover Trust Company, One Liberty Plaza, New York,
NY, dated June 7, 1985, advising that based upon the Council's
grant of $180,000, Manufacturers Hanover Trust Company has fur-
nished the balance of funds required for successful initiation of
the Joseph Victori Wines, Inc., bottling facilities in Bakersfield,
was received and placed on file.
Upon a motion by Counci]man Childs, communication from
Building Industry Association of Kern County, 5405 Stockdale
Highway, Suite 112A, dated June 10, 1985, opposing proposed
Overlook policy, was received.
Upon a motion by Councilman Childs, communication from
Kern County Junior Golf Association, P.O. Box 281, Bakersfield,
supporting the proposed executive golf course along the banks of
the Kern River in Southwest Bakersfield, was received and placed
on file.
Upon a motion by Councilman Christensen, communication
from James W. Jacobs, 3256 Mulberry Drive, Bakersfield, dated June
11, 1985, requesting abandonment of portions of "P" Street and
23rd Street lying adjacent to Lot 7 of Block 149 of Bakers
Homestead Tract, was received and referred to the Planning
Commission for study and recommendation.
COUNCIL STATEMENTS
Councilman Dickerson made reference to a letter
from property owners to the City Council, Planning Commission
and Homestead Development Company, regarding a wall developed
approximately one year ago.
Councilman Rockoff commended Councilman Dickerson
for the method he used in putting items of concern on the
agenda.
Upon a motion by Councilman Moore, the following
items are to be placed on the agenda for the next Council Meet-
ing: 1) discuss International Year of the Youth; and 2)
establishment of a non-profit foundation for community resident
donations to the City.
Councilman Christensen stated that the survey con-
ducted at City Hall shows that the majority supports limiting
smoking in their work places, and that a principle of equal
importance is the right of the majority.
REPORTS
City Manager Caravalho read City Manager Report
No. 6-85 regarding Sale of Property to Saint Joseph's Church
as follows:
On May 8, 1985, the City Council accepted and
referred to staff a letter from Saint Joseph's
Church requesting that the City-owned property
north of Saint Joseph's Church parking lot off of
Baker Street be given to the church. Staff was
directed by Council to negotiate a sale on the pro-
perty and has been in contact with Mr. Cliff
Silviera who represents the Saint Joseph's Parish
Council. Mr. Silviera has indicated the church is
not interested in purchasing the City property
Bakersfield, California, June 12, 1985 ~ Page 4
007
unless it was for no more than $100 and would
rather pursue an option in which the property is
given to the church. Staff has had an appraisal
done on the property, and the appraisa! price was
set at $21,400. Therefore, an offer of $100 does
not appear to be reasonable.
The property referred to above consists of Quincy Street
north of Saint Joseph's Church and a small portion of
land that was given to the City by the State of
California as excess property after the construction of
Highway 178. The portion of Quincy Street ill question
has been through abandonment proceedings and, in fact,
half of the eastern section of Quincy Street has been
deeded to Saint Joseph's Church.
The Finance Department recently attempted to sell the
property by a competitive bid process, but no bids were
submitted. Any owner of the property will have to allow
an easement (fire lane) through the property. An
appraisal was done by Egan Gost and has taken into
account the detriments of an irregular shape, substan-
dard size, easement influences and a captive buyer situ-
ation but he has determined that there is a value to
the adjacent property owner (church) and, therefore, val-
ues it at $21,400. A negotiated sale and subsequent
public hearing appears to be the only method available
to the church to acquire the property below appraised val~ne.
Upon a motion by Councilman Ratty, the sale of property
to Saint Joseph's Church was referred to staff.
City Manager Caravalho read City Manager Report No.
7-85, regarding request for use of city property adjacent to Kern
River Channel Near Coffee Road and Stockdale Highway, as follows:
On March 13, 1985, Mr. Paul Santy and Dr. Ted Murphy
appeared before the City Council with separate requests
concerning City owned property located adjacent to the
Kern River Channe! west of Coffee Road and just north of
Stockdale Highway. After each presentation, the Council
referred both requests to the staff and Water resources
Committee for evaluation and analysis as to the availa-
bility of the land and comments back to the Council.
On May 8, 1985, the Water Resources Committee and staff
met with Mr. Santy and Dr. Murphy to hear and evaluate
both proposals. Mr. Santy, representing San Creek
Associates, submitted a proposal to construct and oper-
ate a municipal golf course with re!ated facilities and
services. Dr. Murphy, a biology professor at California
State College, Bakersfield, requested that the City
enter into an agreement with California State College,
Bakersfield, or the College Foundation to preserve and
set aside this property for the purpose of natural his-
tory study and preservation of wildlife species.
After review and consideration of both requests, staff
has the following comments:
The 380 acres area and 60 acre area of river
floodplain between Coffee Road and Stockdale Highway
(as shown on the attached map) appear large enough
to support both requested uses, as was suggested in
Kern River Water and Land Use Policies Study of
1981.
Bakersfie]d, California, June 12, 1985 Page 5
In addition to the above lands, it was suggested in
the 1975 City Acquisition E.I.R. and the Kern River
Water and Land Use Policies Study of 1981 that the
2800 Acre Groundwater Recharge Area, which is iden-
tical in its natural features to the above refer-
enced 440 acres, should be designated for
educational research purposes. (Also shown on the
attached map). Although no formal proposal has been
received by California State College, Bakersfield,
the City would encourage Cal State to pursue a plan
for educational research in this area.
A municipal golf course in the area proposed
by Sand Creek Golf Club meets all intended
uses of the land and would be compatible with
the Kern River Plan as currently proposed for
adoption.
The proposed golf course appears to provide a
needed public recreation facility without the
use of taxpayer funds and may provide revenue
to the City which could potentially be used to
develop other parks and recreational areas
within the City.
The development of a Riparian Studies Area
would provide a beneficial educational
facility.
The combination of the 2800 Acre and 380 acre
areas, of City-owned riparian land, appear
capable of providing a significant riparian
studies area. They appear to be desirable
areas to implement Dr. Murphy's proposal.
Recognizing the benefits of both projects to the
community in the areas of recreation, education,
and conservation, and assuming the projects meet
the requirements of the California Environmental
Quality Act (CEQA), staff recommends the following:
Grant Sand Creek Associates a six-month exclu-
sive right to begin negotiations of a long-
term ]ease with City staff to develop the
proposed 60 acre municipal golf course; and
Invite specific proposals from the educational
community to develop study areas within the
remaining 380 acre area and the 2800 Acre
Groundwater Recharge Area.
Councilman Ratty made a motion to adopt recommenda-
tions 1 and 2 in the report, assuming that the project will
meet the requirements by the California Environmental Quality
Act.
Upon a motion by Councilman Childs, discussion was
allowed to continue for five minutes regarding City Manager
Report No. 7-85.
Upon a motion by Councilman Childs, discussion was
allowed to continue for three additional minutes regarding City
Manager Report No. 7-85, with Councilman Christensen voting no.
Upon a motion by Councilman Dickerson, discussion
was allowed to continue for five additional minutes regarding
City Manager Report No. 7-85, with Councilman Ratty voting no.
Councilman Childs made a motion to call for the
question which was approved with Councilman Christensen vot-
ing no.
Bakersfield, California, June 12, 1985 - Page 6
Upon a motion by Councilman Ratty, the recommendations
in City Manager Report No. 7-85 to grant Sand Creek Associates a
six-month exclusive right to begin negotiations of a long-term
lease with City staff to develop the proposed 60 acre municipal
golf course; and to invite specific proposals from the educational
community to develop study areas within the remaining 380 acre
area and the 2800 Acre Groundwater Recharge Area, assuming that
the project will meet the requirements by the California
Environmental Quality Act, were unanimously approved.
Committee
Proposals
Councilman Rockoff, Chairman of
, read Report No. 8-85 regarding
, as follows:
the Budget and Finance
Housing Development
The committee reviewed five proposals to develop housing
in the southeast. Three of the proposals involved lots
currently owned by the City. Of the other two propo-
sals, one was for a 20-unit apartment complex and one
was for a project that is nearly complete.
Thomas Keys and Larry Parker submitted a prol~osal to
develop a 20-unit apartment project. The project would
provide affordable housing in Census Tract 14 which is
directly to the north of Census Tract 22. We support
the project in concept and are recommending that staff
proceed to have the property appraised to further define
the scope of the City's participation in the project.
The committee will make a final recommendation on this
project after review of the additional information is
provided by staff.
John Enriquez submitted a proposal to develop 5 single
family houses on property owned by the City. Mr.
Enriquez has successfully produced a similar product as
a part of the City's New Construction Incentives program
during 1982. He is requesting the City provide a
deferred second trust deed to cover the cost of the
land. This would reduce his development costs and
thereby make the houses affordable to low and moderate
income families. Mr. Enriquez has indicated that he has
acquired low interest financing through the California
Housing Finance Agency. This financing will also help
the feasibility of his project. Therefore, we are rec-
ommending that the City enter into an agreement to sup-
port this project.
Archie Sherman submitted a proposal to develop a duplex
on land that he owns. His proposal stated that he would
develop his proposal with or without our assistance.
This indicated to staff that the City's assistance
wasn't needed for this project.
The other two proposals were for the same property that
we are recommending for use with Mr. Enriquez's proposal.
Therefore, we are recommending the following:
1. That staff prepare an agreement for execution by the
Mayor setting forth the terms and conditions for partici-
pating in the development of 5 single family houses
with Mr. John Enriquez.
2. That staff prepare a refined scope of
in the Keys/Parker proposal which will be
to the committee for final action.
participation
brought back
Bakersfield, California, June 12, 1985 Page 7
Upon a motion by Councilman Rockoff, Report No. 8-85
from the Budget and Finance Committee regarding Housing
Development Proposals was received; staff was directed to prepare
an agreement for execution by the Mayor setting forth the terms
and conditions for participating in the development of five single
family houses with Mr. John Enriquez; and staff is to prepare a
refined scope of participation in the Keys/Parker proposal which
will be brought back to the committee for final action.
Councilman Rockoff, Chairman of the Budget and Finance
Committee, read Report No. 9-85 regarding review of application by
Newport Federal for Industrial Development Bonds to finance the
construction of a Convalescent Hospital, as follows:
On May 17, 1985, this committee reviewed an application
for Industrial Development Bonds submitted by Newport
Federal, a California Corporation, for construction and
long-term financing of a 99-bed convalescent hospital.
In the application, they requested an Inducement Resolu-
tion for tax-exempt bonds in the amount of $2.8 million.
Newport Federal has applied for and received a use per-
mit and environmental and building clearances from the
City of Bakersfield for the site location on Auburn Street
near Fairfax. They have also applied for and received a
Certificate of Need from the State of California.
According to the developer, the project will create 75 total
employment positions, 60 being full-time, with 95 percent
of these positions being filled by applicants from the
Bakersfield area. Further economic impact from the project
will be the aid to people in need since over 70 percent
of their residents are on fixed Medi-Cal reimbursement.
It appears that a clear public purpose is provided for by
the provision of this service in a market that is currently
underserved. (.5% vacancy rate in facilities which were
in existence on 1/1/85), and the service is one that will
be covered by the medical reimbursement program, thereby
being available to lower income individuals.
The application submitted is complete and included the
appropriate application fee. The process from this point
will start with the approval of the application and the
adoption of an Inducement Resolution. Bond counsel for
the applicant will then prepare all necessary documents
and a public hearing will be scheduled. Upon completion
of the public hearing and passage of the bond resolution,
the bonds will be issued.
In light of the apparent need for these facilities
determined by staff from a review of available space in
existing convalescent hospitals, and the ability to
sponsor these bonds without exhausting the City's bond
allocation for this year, it is the recommendation of
this committee that the application from Newport Federal
be approved and that an Inducement Resolution be adopted
in the amount of $2.8 million for financing the con-
struction of the facility to be known as the Heritage
Convalescent Center of Bakersfield.
Councilman Rockoff made a motion to receive Report No.
9-85 from the Budget and Finance Committee regarding review of
application by Newport Federal for Industrial Development Bonds
finance the construction of a Convalescent Hospital, and direct
the City Attorney to prepare the resolutions. This motion was
approved by the following roll call vote:
to
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Childs, Christensen, Moore,
None
Councilman Barton
Councilman Dickerson
Ratty, Rockoff
Bakersfie]d, California, June 12, 1985 - Page 8
Council, later in the meeting, adopted a resolution (see
page 8) for the issuance of Industrial Development Revenue Bonds
to finance the Newport Federal Convalescent Hospital.
Committee
follows:
Councilman Rockoff, Chairman of the Budget and Finance
, read Report No. 10-85 regarding Convention Bureau, as
Attached to this report is a request from the Greater
Bakersfield Convention Bureau asking that the City
change the name on the City contract from the Chamber of
Commerce to the Convention Bureau. This issue was
referred to the Budget and Finance Committee on May 22,
1985. We have met with representatives of the
Convention Bureau and the Chamber of Commerce in regards
to this matter and recommend as follows:
1) City Manager be involved in the screening for the
new position of Director of Marketing.
2) City Manager's Office to have a representative
appointed to the Convention Bureau Board of Directors.
3) Convention Bureau to submit a quarterly report to
the City in regards to the contracts that have been
made for conventions.
The Chamber of Commerce has agreed to these three stipu-
lations. Therefore, we recommend that, effective July
1, 1985, the City Council instruct the City Attorney to
change the name on the City contract from the Chamber of
Commerce to the Greater Bakersfield Convention Bureau.
Upon a motion by Councilman Rockoff, Report No. 10-85
from the Budget and Finance Committee regarding the Convention
Bureau was received; the City Manager was directed to be involved
in the screening for the new position of Director of Marketing;
the City Manager's Office was directed to have a representative
appointed to the Convention Bureau Board of Directors; and the
Convention Bureau is to submit a quarterly report to the City in
regards to the contracts that have been made for conventions.
Adoption of Resolution No. 76-85 of the
City Council of the City of Bakersfield
for the issuance of Industrial Develop-
ment Revenue Bonds to finance the Newport
Federal Convalescent Hospital.
Upon a motion by Councilman Rockoff,
of the Council of the City of Bakersfield was
lowing roll call vote:
Resolution No. 76-85
approved by the fol-
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Childs, Christensen,
None
Councilman Barton
Councilman Dickerson
Moore, Ratty, Rockoff
Councilman Dickerson indicated that the reason for his
abstention was because he may have a conflict of interest.
Councilman Moore read Report No. 7-85 from the Urban
Development Committee regarding request for CDBG Assistance from
Joseph Victori Wines Incorporated, as follows:
Mr. Joe Umbach from Joseph Victori Wines Inc. presented
their proposal to rehabilitate the property at 1233 East
California Avenue to be used as a bottling plant. The
proposal also includes the purchase of equipment for the
business.
The business would provide employment for 30 to 45 people
and would be targeted to the residents in Census Tract 22.
Bakersfield, California, June 12, 1985 - Page 9
In the proposal, Mr. Umbach is requesting Community
Development Block Grant Funds in the amount of $500,000
to rehabilitate the building and purchase necessary
equipment. He proposes to use $180,000 for rehabilita-
tion and $320,000 for equipment. Based on svailable
funds, the committee discussed providing assistance for
the rehabilitation of the building contingent upon Mr.
Umbach securing other financing for the equipment. This
alternative was acceptable to Mr. Umbach.
The committee is recommending that $180,000 from the
Community Development Program be made availsble for this
project. The expenditure of the funds for this project
is contingent upon Joseph Victori Wines Incorporated
securing financing for their equipment and presenting
the proof of financing in a form acceptable to the City
Attorney. Furthermore, they are to present a detailed
work write-up specifying the work and line item costs
covering the proposed rehabilitation of the structure at
1233 East California.
The agreements concerning the City participation in this
project should contain language directing Joseph Victori
Wines Inc. to target their employment recruitment to
residents of Census Tract 22. Also, the agreement
should address the terms and conditions for repayment of
the $180,000 for rehabilitation of the property. The
committee is recommending that these funds be provided
in the form of a non-interest bearing deferred loan·
The loan would be due and payable upon sale or transfer
of title.
Therefore, it is recommended that the Council approve
the recommendations incorporated in this report.
Upon a motion by Councilman Moore, Report No. 7-85 from
the Urban Development Committee was accepted.
Upon a motion by Councilman Childs, implementation of
Report No. 7-85 from the Urban Development Committee was delayed
until the next regular Council Meeting.
City Manager Caravalho made a report on the Golden
Empire Transit Plan. He stated that the report is a comprehensive
analysis of GET's existing fixed route and demand response transit
system. It evaluates the level of transit service currently pro-
vided and develops cost effective system alternatives.
Upon a motion by Councilman Moore, the Golden Empire
Transit Plan was referred to the Urban Development Committee for
review and recommendation back to Council.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
Allowance of Claims Nos. 6995 to 7417 inc]u-
sive, in the amount of $1,610,858.23.
Claim for Personal Injury from Melvin Luverne
Sebring, c/o Elvin R. Meek, Attorney at Law, P.O.
Box 10, 285 W. Rialto Avenue, Rialto, CA. (Refer
to City Attorney)
Claim for Personat Injury from Sadie B. Newman,
c/o Robert J. Gardiner, Attorney at Law,
1522 - 18th Street, Suite 209, Bakersfield.
(Refer to City Attorney)
Bakersfield, California, June 12, 1985 Page 10
Claim for Damages from Terry L. Moreland, dba
Moreland Corporation, 4520 California Avenue,
Bakersfield. (Refer to City Attorney)
Claim for Indemnity from Tarabino Real Estate
Company, Inc., c/o Robinson, Palmer & Stanton,
3434 Truxtun Avenue, Suite 150, Bakersfield.
(Refer to City Attorney)
Claim for Personal Injuries and Damages from
Charles S. Pierce and Linda Pierce, c/o Law
Offices of George A. Boyle, 416 Truxtun
Avenue, Bakersfield, CA. (Refer to City
Attorney)
Claim Against Public Entity from Allen Asbury,
c/o Law Offices of Richard M. Long, 5500 Ming
Avenue, Suite 256, Bakersfield, CA. (Refer to
City Attorney)
Claim for Damages from Robert D. Tackett, 17
Columbus, Bakersfield, CA. (Refer to City
Attorney)
Claim for Damages from George W. Finzel, 1320
Sandra Drive, Bakersfield. (Refer to City
Attorney)
Street Right-of-Way Deed from U.S. Home
Corporation additional Street Right-of-Way
on Dovewood Street and Beechwood Street
for Tract 4788 - "A", located northerly of
White Lane and easterly of Stine Road.
Water pipeline easements from Oil Center
Partnership and PSI Land Company for Parcel
Map 5627, located in County area northerly
of Rosedale Highway and westerly of Gibson
Street.
Street Right-of-Way Deed from J.O. Barber
for additional right-of-way on Wible and Garland
Avenue as required by the Planing Commission for
commercial development, located northeast of
Pacheco Road and Wible Road.
Street Right-of-Way Deed from Rascap Realty
Ltd., for additional right-of-way on Ming Avenue
as required by the Planning Commission for
Parcel Map Waiver 32-84, located at the southeast
corner of Wible Road and Ming Avenue (in front
of Sears).
Street Right-of-Way Deed and a Flowage
Easement from Lawton Powers et. al. for dedication
of public street right-of-way and an easement for
drainage purposes as required by the Planning
Commission for Parcel Map 7470, located at the
southeast corner of Panama Lane and Wible Road.
Bike Trail Easement from Tenneco Realty
Development Corporation for a portion of the
Bike Trail located northwesterly of the
intersection of Stockdale Highway and the
River Canal.
Waterline Easement from Darrell L. Sparks and
Mary J. Sparks for an existing City waterline
in the Fairhaven Water System on Parcel Map
No. 5907, located between Standard Street and
Rosedale Highway.
Baker
q.
X o
sfield, California, June 12, 1985 - Page 11
Quitclaim Deed from the City of Bakersfield to
Dan B. Speare Broadcasting Enterprises, Inc.
for quitclaiming mineral rights conveyed to the
City with the granting of the drainage retention
basin in Tract 4716, located south of Pacheco Road,
east of Akers Road.
Irrevocable offer of Public Road Easement from
Leo A. Schamblin, Jr. and Carolyn Jan Schamblin
to the City of Bakersfield providing an offer of
additional road easement for Pitts Avenue and Bella
Drive as required for future development, located
approximately 1.5 miles westerly of Junction of
Highway 178 and Alfred Harrel Highway.
Quitclaim from the City of Bakersfield to
Darrell L. Sparks and Mary J. Sparks for an
unused waterline easement in the City's
Fairhaven System. The waterline was relocated dur-
ing construction and the present described easement
is not needed.
Quitclaim from the
Johnnie W. Clanton
struction easement
System.
City of Bakersfield to
for a temporary water]inc con-
in the City's Fairhaven Water
Quitclaim from the City of Bakersfield to
Leonard E. Seaton and Donna L. Seaton for a
temporary water]inc construction easement in
City's Fairhaven Water System.
the
Quitclaims from the City of Bakersfield to
Darrell L. Sparks and Mary J. Sparks for tem-
porary waterline construction easements in the
City's Fairhaven Water System.
Map of Tract No. 4772 and Improvement
Agreement with Tenneco Realty Development
Corporation, for the construction of improvements
located at the southeast corner of Ming Avenue at
E1 Portal Drive.
Notices of Completion and Acceptance of Work
on:
Construction of Wastewater Treatment Plont No. 3
Lagoon Modifications, Contract No. 84-221, with
Micon.
Tract No. 4620, Contract No. 83-202, with Tenneco
Realty Development Corporation, located at Park
View Drive and Campus Park Drive.
Tract No. 4655, Contract No. 84-10, with U.S. Home
Corporation, located at Beechwood Street easterly
of Stine Road.
Parcel Map No. 5921, Contract No. 83-91, with
John s. Griffith & Company, located at Beechwood
Street easterly of Stine Road.
Tract No. 4646, Contract No. 85-21, with Regional
Mortgage Company, located at Panama Lane and
Castleford Street.
Parcel Map No. 7145, Contract No. 84-262, with
Tenneco Realty Development Corporation, located at
Wible Road and Pacheco Road.
Parcel Map No. 5944, Contract No.
Vil]a-Loma Development, located at
south of Freeway 178.
83-164, with
Fairfax Road
Bakersfield, California, June 12, 1985 Page 12
Application for Encroachment Permit from Don
F. Myers, 6905 Patton Way, for the installation of
four-foot high chain link fence behind the sidewalk
at 323 to 351 Lakeview Avenue.
Application for Encroachment Permit from Mr.
Hugh Sill, 1809 Beech Street, for the construction
of a six-foot high wall with planter area located
three-feet behind the existing sidewalk at 1809
Beech Street.
aa.
Application for Encroachment Permit from Chuck
Jimerson, Holdens Truck Center, 3775 Pierce
Road, for the installation of a fuel price sign
located 11 feet behind the curb to the edge of
sign.
bb.
Application for Encroachment Permit from San
Joaquin Community Hospital, 2615 Eye Street,
for the installation of eight-foot high redwood fence
11 feet 8 inches behind the curb on 26th Street at
2601 Chester Avenue.
CC.
Application for Encroachment Permit from
Joseph Victori Wines, Inc., 1233 East
California Avenue, for the installation of an eight
foot chain link fence within an alley right-of-way
on the east side of the lot at 1233 East California
Avenue. The alley right-of-way is not used as an
alley and has been requested to be abandoned by
applicant.
dd.
Application for Encroachment Permit from
Robert R. Miller, 400 East Roberts Lane #39, for
the installation of parking spaces encroaching
three feet into the street right-of-way on "K"
Street and 26th Street at 1402 26th Street.
ee.
Request from Bennet Manning for an Extension
of Time to complete improvements in Tract
4615, Agreement No. 84-126.
ff.
Program Supplement No. 23 to Local
Agency-State Master Agreement between the
State of California and the City of
Bakersfield for widening the Oak Street Over-
crossing at the Santa Fe Railroad.
gg-
City Hall Smoking Survey. The survey indicates
that this issue is supported by a majority of the
employees. Staff will meet with employees and
develop an ordinance to be submitted to Council for
implementation in City Hall.
Upon a motion by Councilman Rockoff, Items a, b, c, d,
e, f, g, h, i, j, k, 1, m, n, o, p, q, r, s, t, u, v, w, x, y, z,
aa, bb, cc, dd, ee, ff, and gg, were adopted by the following roll
call vote:
Ayes:
Noes:
Absent:
Councilmen Childs,
Rockoff
None
Councilman Barton
Christensen,
Dickerson,
Moore, Ratty
Bakersfield, California, June 12, 1985 Page 13
RECESS
Upon
was declared at
p.m.
a motion by Councilman Dickerson, a brief recess
8:55 p.m., and the meeting was reconvened at 9:05
ACTION ON BIDS
Councilman Moore made a motion to accept the bid from
Abate-A-Weed in the amount of $11,850.00 and authorize the Mayor
to execute the contract.
Councilman Dickerson made a substitute motion to defer
the acceptance of the bid until the Council is provided the names
of the chemicals This motion was defeated with Councilman
Dickerson voting aye.
Upon a motion by Councilman Moore, the bid from
Abate-A-Weed, in the amount of $11,850.00, for application of che-
micals - annual contract, was approved with Councilman Dickerson
voting no.
Upon a motion by Councilman Ratty, the low bid of
American Fence Company, in the amount of $14,105.00, for fencing
annual contract, was accepted and the Mayor was authorized to exe-
cute the contract.
Upon a motion by Councilman Dickerson, the low bid of
Omega Construction, in the amount of $32,800.00, for restroom remo-
del at Fire Station No. 2, was accepted and the Mayor was author-
ized to execute the contract.
Upon a motion by Councilman Ratty, the bid from
Industrial Asphalt, in the amount of $185,871.00, for asphalt con-
crete annual contract, was accepted and the Mayor was authorized
to execute the contract.
Upon a motion by Councilman Moore, the low bid from
Battery Exchange, in the amount of $8,667.06, for automotive bat-
teries - annual contract, was accepted, all other bids rejected,
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Christensen. the low bid
from Granite Construction, in the amount of $25,440.00, for select
road materials - annual contract, was accepted, all other bids
rejected, and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Childs, the low bid from
lakeside Truck Body Co., Inc., in the amount of $27,158.26, for a
one ton stencil truck was accepted and all other bids were
rejected.
Upon a motion by Councilman Christensen, the low bid of
Granite Construction Co., in the amount of $79,188.00, for resur-
facing Niles Street from Baker Street to Union Avenue, was
accepted, all other bids rejected, and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Christensen, the low bid
from Granite Construction, in the amount of $90,994.00, for resur-
facing Beale Avenue from Monterey Street to Pearl Avenue, was
accepted, all other bids rejected, and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Ratty, the low bids from
Helena Chemical (four items), in the amount of $3,117.04, Target
Chemical (one item), in the amount of $931.10, and Los Angeles
Chemical (two items), in the amount of $170.13, for Chemicals for
Parks Division, were accepted and all other bids were rejected.
Bakersfield, California, June 12, 1985 - Page 14
Upon a motion by Councilman Childs, the low bid from
A.C. Electric Company, in the amount of $12,475.00, for relocation
of traffic signals at Union Avenue and Planz Road, was accepted,
all other bids rejected. and the Mayor was authorized lo exe-
cute the contract.
Upon a motion by Councilman Christensen, the low bid
from A.C. Electric Company, in the amount of $112,500.00, for
traffic signal modifications on Eye Street, at 17th and 18th
Street; on 19th Street at "M" and "N" Streets; and on Niles Street
at Haley Street, was accepted, all other bids rejected, and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Childs, the low bid from
Jerry Lo Myers Company, in the amount of $51,443, for construction
of storm drains in Myrtle Street between Brundage Lane and Bank
Street and in "F" Street at 30th Street, was accepted, and all other
bids rejected. Approve the use of savings from completed projects
to supplement funding on this project, and authorize the Mayor to
execute the contract.
Upon a motion by Councilman Childs, the low bid of W.H.
Moore Construction, in the amount of $30,150.00, for installation
of impact attenuators on Truxtun Avenue Bridge at Union Avenue,
was accepted, all other bids rejected. Approve the use of savings from
completed projects to supplement funding on this project, and authorize
the Mayor to execute.
Upon a motion by Councilman Ratty, the low b}d from Apex
Fence Company in the amount of $15,700.00, for construction of
metal beam guard rail at Truxtun Avenue and Freeway 99 and
Stockdale Highway at Kern River Bridge, was accepted, all other
bids rejected, and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Moore, usual bidding
requirements were dispensed with, in accordance with Section
3.20.060 of the Municipal Code, and the Finance Director was
authorized to negotiate a price with Robicon Corporation to pur-
chase variable frequency drive unit for Wastewater Treatment
Plant No. 3, not to exceed $23,000.00
DEFERRED BUSINESS
Adoption of Ordinance No. 2976 New Series
amending Title Seventeen of the Municipal
Code of the City of Bakersfield by changing
the Land Use Zoning of that certain property
in the City of Bakersfield commonly known
as 3801 Pierce Road.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2976 New Series of the City of Bakersfield,
finding said zoning consistent with the General Plan, were adopted
by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Childs,
Rockoff
None
Councilman Barton
Christensen,
Dickerson,
Moore, Ratty,
Adoption of Ordinance No. 2977 New Series
amending Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield commonly known as 193 through
220 Oakbank Road.
Bakersfield, California, June 12, 1985 - Page 15
Upon a motion by Councilman Moore, Negative Declaration
and Ordinance No. 2977 New Series of the City of Bakersfield,
finding said zoning consistent with the General Plan, were adopted
by the following roll call vote:
Ayes:
Noes
Absent:
Councilmen Childs, Christensen,
Rockoff
None
Councilman Barton
Dickerson, Moore, Ratty,
Adoption of Ordinance No. 2978 New Series
amending Title Seventeen of the Municipal
Code of the City of Bakersfield by changing
the Land Use Zoning of that certain property
in the City of Bakersfield commonly known as
200 Coffee Road.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2978 New Series of the City of Bakersfield,
finding said zoning consistent with the General Plan, ~Nere adopted
by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Childs, Christensen,
Rockoff
None
Councilman Barton
Dickerson, Moore, Ratty,
Adoption of Ordinance No. 2979 of the Council
of the City of Bakersfield amending Chapter
17.60 of the Bakersfield Municipal Code Relating
to Signs.
Councilman Moore made a motion to adopt a Negative
Declaration and Ordinance No. 2979 of the Council of the City of
Bakersfield.
Councilman Childs made a substitute motion to continue
this matter until Monday, June 17, 1985 to correspond with the
time tonight's meeting is adjourned to. At that time, the Council
will continue with all the items on the agenda, until a motion is
again made to adjourn to the following night. This motion was
approved by the following roll call vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Childs, Moore, Ratty, Rockoff
None
Councilman Barton
Councilmen Christensen, Dickerson
HEARINGS
This is the time set for public hearing
before the Council for the purpose of con-
sidering giving approval to Amendment No. 2
to the Kern County Solid Waste Management
Plan, 1983 Revision, proposed by the County
of Kern and involving a new project by Shell
California Production, Inc. (SCPI) for a
Class II solid waste solar evaporation ponds
for disposal of liquid scrubber waste from
secondary recovery operations, at the
general location of the E½ of NW¼ of Section
23, T.32S., R. 23E., MDB & M about 2 miles
south of Taft off of Twenty-Five Hill Road.
Mayor Payne declared the hearing open for public
participation.
Ray Ouellette, staff Environmental Engineer for Shell
California Production, Inc., spoke in support of amendment to the
Kern County Solid Waste Management Plan.
Bakersfield, California, June 12, 1985 Page 16
No
Payne closed
beration.
further protests or objections being received, Mayor
the public portion of the hearing for Council dell-
Upon a motion by Councilman Moore, Resolution No. 77-85
Concurring in Amendment No. 2 to the Kern County Solid Waste
Management Plan 1983 Revision, was adopted by the following roll
call vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Childs, Christensen,
None
Councilman Barton
Councilman Dickerson
Moore, Ratty, Rockoff
NEW BUSINESS
First reading of an Ordinance amending
Sections 17.14.060, 17.15.060 and 17.18.060
of the Bakersfield Municipal Code relating
to Minimum Rear Yards.
First reading of an Ordinance amending
Sections 17.42.044, 17.42.050 A, 17.42.060 E,
and repealing Section 17.42.060 E of the
Bakersfield Municipal Code relative to
excavation and removal of rock, river gravel,
sand and other materials.
First reading of an Ordinance amending
Section 17.06.020 of Chapter 17.06
(Zoning Map) of the Municipal Code of the
City of Bakersfield regarding prezoning
of property known as Akers No. 3 Annexation.
First reading of an Ordinance amending
Section 17.06.020 of Chapter 17.06 (Zoning
Map) of the Municipal Code of the City of
Bakersfield regarding prezoning of property
known as Hughes No. 2 Annexation.
First reading of an Ordinance amending
Section 17.06.020 of Chapter 17.06 (Zoning
Map) of the Municipal Code of the City of
Bakersfield regarding prezoning of property
known as Fairview No. 2 Annexation.
Adoption of Resolution No. 78-85 of applica-
tion by the Council of the City of
Bakersfield proposing proceedings for
annexation of territory to the City of
Bakersfield identified as Annexation No. 303
(Akers No. 3).
Upon a motion by Councilman Childs, Resolution
No. 78-85 of the Council of the City of Bakersfield, was
adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Childs, Christensen,
Ratty, Rockoff
Councilman Barton
Dickerson, Moore,
Adoption of Resolution No. 79-85 of applica-
tion by the Council of the City of
Bakersfield proposing proceedings for
annexation of territory to the City of
Bakersfield identified as Annexation
No. 302 (Hughes No. 2).
~ ~ ~t Bakersfield, California, June 12, 1985 Page 17
Upon a motion by Councilman Childs, Resolution
No. 79-85 of the Council of the City of Bakersfield, was
adopted by the following roll call vote:
Ayes:
Noes
Absent:
Councilmen Childs, Christensen,
Councilman Dickerson
Councilman Barton
Moore, Ratty,
Rockoff
Adoption of Resolution No. 80-85 recommending
changes to Site Plan Review Policies 2 and 3
as amended.
Councilman Ratty made a motion to adopt Resolution
No. 80-85 of the Council of the City of Bakersfield.
Councilman Rockoff made a substitute motion to send
the Site Plan Review Policies No. 2 & 3 back to the Planning
Commission with a specific recommendation for a change in distance
from 100 feet to 150 feet, and all other things to come back as
presented.
City Attorney Oberholzer indicated that these par-
ticu]ar site plan policies are adopted by the Planning
Commission pursuant to the authority that the Council gave the
Planning Commission. The Council acts only as the approving
agency of the requirements. It will have to go back to the
Planning Commission instructing them that the Council will
not approve it and the policy will then come back to the Council
with a new number.
City Attorney Oberholzer indicated that a roll call
vote should be taken. The Attorney's Office will prepare a reso-
lution going back to the Planning Commission recommending the
Council does not approve those policies.
Councilman Rockoff's substitute motion to send the
Resolution to the Planning Commission specifically recommending a
change of distance from 100 feet to 150 feet, and all other
things to come back as presented, was approved by the follow-
ing roll call vote:
Ayes:
Noes:
Absent:
Councilmen Childs, Christensen,
Ratty, Rockoff
None
Councilman Barton
Dickerson, Moore,
Adoption of Resolution No. 81-85 of appli-
cation by the Council of the City of
Bakersfield proposing proceedings for
annexation of territory to the City of
Bakersfield identified as Annexation
No. 301 (Fairview No. 2).
Upon a motion by Councilman Ratty, Resolution
No. 81-85 of the Council of the City of Bakersfie]d, was
adopted by the following roll call vote:
Ayes: Councilmen Childs, Christensen,
Ratty, Rockoff
Noes: None
Absent: Councilman Barton
Dickerson, Moore,
Bakersfield, California, June 12, 1985 - Page 18
Adoption of Resolution No. 82-85 of the
Council of the City of Bakersfield
initiating proceedings for the annexa-
tion of territory to the City of
Bakersfield identified as Proceeding
No. 867, Annexation No. 296, in accordance
with LAFCO Resolution Making Determination
(Real No. 5).
Upon a motion by Councilman Moore, Resolution No. 82-85
of the Council of the City of Bakersfield was adopted by the
following roll call vote:
Ayes: Councilmen Childs, Christensen,
Ratty, Rockoff
Noes: None
Absent: Councilman Barton
Dickerson, Moore,
Adoption of Resolution of Intention
No. 982 of the Council of the City of
Bakersfield to establish Maintenance
District No. 12 (El Portal).
Upon a motion by Councilman Dickerson, Resolution
of Intention No. 982, of the Council of the City of
Bakersfield, was adopted by the following roll call vote:
Ayes: Councilmen Childs, Christensen,
Ratty, Rockoff
Noes: None
Absent: Councilman Barton
Dickerson, Moore,
Adoption of Resolution No. 83-85 of the
Council of the City of Bakersfield pre-
liminarily adopting, confirming and
approving Public Works Manager's Report;
appointing time and place for hearing
protests to the proposed District; the
boundaries thereof; the fairness of the
benefit formula; the amount of assessment
to be levied against each parcel; and the
reservation of right to perform work by
City forces.
Upon a motion by
of the Council of the City
following roll call vote:
Councilman Ratty, Resolution No. 83-85,
of Bakersfield, was adopted by the
Ayes:
Noes:
Absent:
Councilmen Childs,
Ratty,
None
Councilman Barton
Christensen,
Rockoff
Dickerson, Moore,
Adoption of Resolution of Intention
No. 983 of the Council of the City of
Bakersfield declaring its intention to
order the vacation of a portion of
16th Street between "A" and "D" Streets
in the City of Bakersfield.
Upon a motion by Councilman Childs, Resolution of
Intention No. 983, of the Council of the City of Bakersfield,
was adopted by the following roll call vote:
Ayes: Councilmen Childs, Christensen,
Ratty, Rockoff
Noes: None
Absent: Councilman Barton
Dickerson, Moore,
Bakersfield, California, June 12, 1985
Page 19
Approval and adoption of Negative
Declaration for proposed installation
of a lighted softball facility in
Beach Park.
Upon a motion by Councilman Ratty, Negative
Declaration, for proposed installation of a lighted softball
facility in Beach Park, was adopted by the following roll
call vote:
Ayes:
Noes:
Absent:
Councilmen Childs, Christensen,
Ratty, Rockoff
None
Councilman Barton
Dickerson, Moore,
Approval of Agreement between the City
of Bakersfie]d, County of Kern, and
Bakersfield College regarding a "Fire
Simulator System" for training fire
personnel.
Upon a motion by Councilman Moore, Agreement with
the County of Kern and Bakersfield College for a "Fire Simulator
System" for training fire personnel, was approved and the Mayor
was authorized to execute the agreement.
Approval of Agreement between the City
of Bakersfield and Larry Walker for consulting
services and assistance in preparing and
presenting the City's appeal of the final
audit on the Environmental Protection Agency
Grant for Wastewater Treatment Plant #2.
Upon a motion by Councilman Moore, Agreement with Larry
Walker, for consulting service and assistance in preparing and pre-
senting the City's appeal of the final audit on the Environmental
Protection Agency Grant for Wastewater Treatment Plant #2,
was approved and the Mayor was authorized to execute the
agreement.
Approval of Agreement between the City
of Bakersfield and Kern County for the
City's participation and cost sharing for
the Criminal Justice Information/ Computer
Aided Dispatch Systems.
Upon a motion by Councilman Rockoff, Agreement with
Kern County, for the City's participation and cost sharing for
Criminal Justice Information/Computer Aided Dispatch Systems,
was approved and the Mayor was authorized to execute tile
agreement.
the
Approval of Agreement with Ed Rodgers,
Auctioneer, for rental of property located
at 16th and "S" Streets.
Upon a motion by Councilman Dickerson, Agreement
with Ed Rodgers, Auctioneer, for rental of property located at
16th and "S" Street, was approved and the Mayor was authorized to
execute the agreement.
Approval of Agreement between the City of
Bakersfield and Five Star Parking for
the 18th and Eye Street Parking
Facility Management.
Upon a motion by Councilman Ratty, Agreement with Five
Star Parking for the 18th and Eye Street Parking Facility
Management, was approved and the Mayor was authorized to execute
the agreement.
Bakersfield, California, June 12, 1985 Page 20
1985-86 Water Price and Sand Sale Schedule.
Upon a motion by Councilman Moore, the 1985-86
Water Price and Sand Sale Schedule was approved.
Exemption for Cities from State Sales
Tax.
Upon a motion by Councilman Dickerson, the issue of
exemption for cities from State Sales Tax was referred to the
Legislation Committee for study and recommendation back to
the Council.
Request to establish Rules and Procedures
Ad Hoc Committee.
Councilman Moore made
formed, that the Mayor be a part
Committee.
a motion that if the committee is
of the Rules and Procedures Ad Hoc
Councilman Dickerson made a substitute motion to form a
Rules and Procedures Ad Hoc Committee with the Mayor, Councilman
Rockoff, and Councilman Dickerson being members. This motion was
approved by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Childs, Christensen,
Councilmen Ratty
Councilman Barton
Dickerson, Moore, Rockoff
Request for review of planning process
regarding R-1 lot size variances.
Upon a motion by Councilman Rockoff, Councilman
Dickerson's request for review of planning process regarding R-1
lot size variances was referred to staff to report back for a
determination at a later time by Council.
Request for Council to direct the Planning
Commission to review and draft interim
ordinance for parks and recreation.
Upon a motion by Councilman Dickerson, the request for
Council to direct the Planning Commission to review and draft
interim ordinance for parks and recreation was deferred to be
heard at the recessed meeting after budget hearings.
Request for Council Meeting Curfew.
Upon a motion by Councilman Dickerson, the Council
Meeting Curfew issue was referred to the Rules and Procedures Ad
Hoc Committee for recommendation back to the Council.
each item
be placed
Councilman Childs requested that
that a Council Ward designation
for identification of each ward.
at the end of
(CW) and the ward number
Councilman Dickerson made a motion to refer the number-
ing of Council Ward designations on the agenda to the Rules and
Procedures Ad Hoc Committee. This motion was unanimously approved.
Upon a motion by Councilman Christensen, staff was
directed to number the reports in sequence for the Council.
City Manager Caravalho stated that he would like to look
into the numbering of reports because of record-keeping purposes
in the Clerk's Office.
Councilman Moore suggested that staff review this proce-
dure, and if they have a comment for a better procedure, they can
bring it back.
Bakersfield, California, June 12, 1985 Page 21
RECESS
Councilman Ratty made a motion to recess the meeting.
Councilman Moore made a
Council Meeting at 11:48 p.m., to
Hearing on Tuesday, June 18, 1985.
substitute motion to recess the
the adjournment of the Budget
ATTEST:
MAYOR of the City of BakerSfield,
Calif.
CITY CLERK and Ex ~fficio Clerk of the Council
of the City of Bakersfield, California
CW/rg
Bakersfield, California, June 17, 1985
Minutes of a recessed meeting of the Council of the City
of Bakersfield, held in the Council Chambers of City Hall at 5:34
p.m., June 17, 1985.
The meeting was called to order by Mayor Payne.
The City Clerk called the roll as follows:
Present: Mayor Payne.
Councilmen Childs, Christensen, Dickerson,
Moore, Ratty, Rockoff, Barton
(seated at 5:35 p.m.)
Absent: None
DEFERRED BUSINESS
Adoption of Ordinance No. 2979 of the Council
of the City of Bakersfield Amending Chapter
17.60 of the Bakersfield Municipal Code
Relating to Signs.
A public hearing was held and first reading was given by
the City Council at the meeting of May 22, 1985. This item was
continued from the meeting of Julie 12, 1985.
RECESS
Upon a motion by Councilman Rockoff, the meeting was
recessed at 5:35 p.m. and reconvened at 5:40 p.m.
Upon a motion by Councilman Dickerson, individuals who
had not previously made a statement regarding the Sign Ordinance
were allowed to speak for three minutes each.
William H. Davies, owner of properties at 2815 and 2819
"F" Street, spoke in opposition to the Sign Ordinance.
Greg Thompson,
door advertising signs,
to the Sign Ordinance.
affiliated with off-premise signs and out-
Stockton, California, spoke in opposition
Tom Parsons, Senior Vice President of Community First
Bank, spoke in opposition to the Sign Ordinance.
Pete Leveroni, representing Michele Spaulding, owner of
Subway Sandwiches, spoke in opposition to the Sign Ordinance.
Ralph Kemprud, owner of Tower Motel, spoke in opposition
to the Sign Ordinance.
Leon Thomas, private citizen, spoke in opposition to the
Sign Ordinance.
Jim Dale, owner of Dale's Restaurant Supply, spoke in
opposition to the Sign Ordinance.
Jim Bailey, business owner, spoke in opposition to the
Sign Ordinance.
Chuck Jimerson,
that each business should
Ordinance.
owner of Jimerson Truck Stop, indicated
be looked at differently within the Sign
Councilman Moore made a motion to adopt the Negative
Declaration and Ordinance No. 2979 amending Title Seventeen of
Municipal Code.
the
Councilman Childs made a substitute motion to approve the
sign ordinance with the stipulation that those signs existing prior
to the July 1976 date be exempt from the sign ordinance, and those signs
that were erected after the 9th of July, 1976 date be made to com-
ply with the new sign ordinance.
Bakersfield, California, June 17, 1985 - Page 2
Councilman Barton amended the substitute motion to
approve the sign ordinance; to adopt a Negative Declaration; to
direct staff to have at ]east three workshops within 60 days with
the Council attending to possibly amend the sign ordinance in
areas of concern such as grandfathering in and the economic impacts
created; that the Council will not implement the ordinance until
after the workshops are completed; to be enforced on August 17,
1985; and that those businesses which will be affected will be noti-
fied that their sign will have to be changed.
RECESS
Upon request by Councilman Barton, the meeting was
recessed at 6:55 p.m. and reconvened at 7:03 p.m.
Councilman Barton's amended substitute motion to approve
the sign ordinance; to adopt a Negative Declaration; to direct
staff to have at least three workshops within 60 days with the
Council attending to possibly amend the sign ordinance in areas of
concern such as grandlathering in and the economic impacts
created; that the Council will not implement the ordinance until
after the workshops are completed; to be enforced on August 17,
1985; and that those businesses which will be affected will be
notified that their sign will have to be changed, was defeated by
the following roll call vote:
Ayes:
Noes:
Absent:
Councilman Barton
Councilmen Childs,
Rockoff
None
Christensen,
Dickerson,
Moore, Ratty,
Councilman Childs' substitute motion to approve the sign
ordinance with the stipulation that those signs existing prior to
the July 1976 date be exempt from the sign ordinance, and those
signs that were erected after the 9th of July, 1976 date be made
to comply with the new sign ordinance, was defeated by the follow-
ing roll call vote:
Ayes:
Noes:
Absent:
Councilmen Childs, Christensen, Dickerson
Councilmen Moore, Ratty, Rockoff, Barton
None
Upon a motion by Councilman Moore, Negative Declaration
and Ordinance No. 2979, were approved by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmen Moore, Ratty, Rockoff, Barton
Councilmen Childs, Christensen, Dickerson
None
Councilman Barton made a motion to have three workshops
for the Council within the next 60 days to consider the newly
adopted Sign Ordinance; and allow staff a couple of weeks to deve-
lop a strategy as to how they will notify the affected property
owners or businesses and how they will conduct the workshops, was
approved by the following roll call vote:
Ayes: Councilmen Moore, Ratty, Rockoff, Barton
Noes: Councilmen Childs, Christensen, Dickerson
Absent: None
Bakersfield, California, June 17, 1985 Page 3
RECESS
Upon a motion by Councilman Ratty, the meeting was
recessed at 7:20 p.m., until Tuesday, June 18, 1985 at 5:30 p.m.
MAYOR or' the City of Ba~k/ersfield, Calif.
CITY CLERK and Ex'Officio Clerk of the Council
OF THE City of Bakersfield, California
Bakersfield, California, June 17, 1985
Minutes of a budget session of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 5:30 p.m., June 17, 1985.
The meeting was called to order by Mayor Payne, followed
by the Pledge of Allegiance.
The City Clerk called the roll as follows:
Present:
Mayor Payne.
Councilmen Christensen, Dickerson, Moore,
Ratty, Rockoff, Childs, Barton,
(seated at 5:35 p.m.)
Absent: None
RECESS
Upon a motion by Councilman Childs, the budget session
was recessed at 5:32 in order to deal with the Recessed Meeting
of June 17, 1985 regarding the Sign Ordinance.
The budget session was reconvened at 7:30 p.m.
City Manager Caravalho gave a brief overview of the
budget process for Fiscal Year 1985-86 Budget.
HEARINGS
This is the time set for public hearing before
the Council for hearing protests by property
owners on the amount of assessment, the fair-
ness of the benefit formula, parcels of property
to be assessed or reservation by the City of
its right to elect to perform work of main-
tenance by City forces on Maintenance
District No. 1, which provides the basis for
the benefit assessment
street landscaping and
be borne by all parcels
Maintenance District No
extending west from the
the median strip of Gos
eastern boundary of the
For maintaining
irrigation system to
of property within
· 1, generally
east curb line of
ford Road to the
Arvin-Edison
Canal and the area extending south from the
curb line of Stockdale Highway to the center-
line of Ming Avenue.
Mayor Payne declared the hearing open for public par-
ticipation.
Lilian Young, 8000 Pearl, No. 24, spoke in opposition to
Maintenance District No. 1.
Upon a motion by Councilman Ratty, Resolution No. 84-85
of the Council of the City of Bakersfield approving and adopting
the 1985-86 budget, levying assessments, reserving the right to
perform maintenance work by City forces and authorizing collection
of assessments by the Kern County Tax Collector, was approved by
the following roll call vote:
Ayes: Councilmen Christensen, Moore, Ratty, Rockoff,
Barton, Childs
Noes: None
Absent: None
Abstaining: Councilman
Dickerson
Bakersfield, California, June 17, 1985 2
This is the time set for public hearing before
the Council for hearing protests by property
owners on the amount of assessment, the fairness
of the benefit formula, parcels of property to
be assessed or reservation by the City of its
right to elect to perform work of maintenance
by City forces on Maintenance District No. 2,
which provides the basis for the benefit assess-
ment for maintaining within Maintenance District
No. 2, generally bounded by Ashe Road on the
east, Ming Avenue on the south, E1 Portal Drive
on the west (including all lots fronting on
E1 Portal Drive) and Outingdale Drive/Kearsarge
Way on the north (including all lots fronting
Outingdale Drive and Kearsarge Way).
Mayor Payne declared the hearing open for public par-
ticipation. No protests or objections being received, the
public portion of the hearing was closed for Council delib-
eration and action.
Upon a motion by Councilman Moore, Resolution No. 85-85,
of the Council of the City of Bakersfield for Maintenance District
No. 2 approving and adopting the 1985-86 Budget, levying
assessments, reserving the right to perform maintenance work by
City forces and authorizing collection of assessments by the Kern
County Tax Collector, was approved by the following roll call
vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Christensen, Moore, Ratty,
Barton, Childs
None
None
Councilman Dickerson
Rockoff,
This is the time set for public hearing before
the Council for hearing protests by property
owners on the amount of assessment, the fair-
ness of the benefit formula, parcels of property
to be assessed or reservation by the City of
its right to elect to perform work of maintenance
by City forces on Maintenance District No. 3,
which provides the basis for the benefit
assessment for maintaining street and parkway
landscaping, walls, signs and parks to be
borne by all parcels of property within
Maintenance District No. 3, generally extending
west from the east curb line of the median
strip of Gosford Road to the west curb line of
the median strip of Old River Road and the area
extending north from the Southern Pacific
Railroad right-of-way north to the centerline
of White Lane.
Mayor Payne declared the hearing open for public par-
ticipation.
Peggy Dewayne Pope, 8313 Eakins Drive, spoke in opposi-
tion to the small number of maintenance districts, and stated
that all residents should be in a maintenance district. Mrs.
Pope submitted her statement to the City Clerk for filing.
Kurt Cason, 4309 Appleton Way, spoke in opposition to
the tax for Maintenance District No. 3.
Craig Pope, 8313 Eakins Drive, questioned the use of the
money and cost for aesthetics.
Bakersfield, California, June 17, 1985 - Page 3
Vicki McCuan, 4405 Appleton Way, stated that the site is
not properly maintained.
Dale Boschman, 4404 LaFarge, spoke in opposition to the
assessment.
Vince Ortega, 4317 Appleton Way, spoke in opposition to
the maintenance of the site.
Scott McCuan, 4405 Appleton Way, stated that the sprin-
klers run all day, break, and are not repaired expeditiously.
No further protests or objections being received,
Mayor Payne closed the public portion of the hearing for
Council deliberation and action.
Councilman Ratty made a motion to refer the problems
associated with Maintenance District No. 3 to the Budget and
Finance Committee; as to whether it should be voluntary or
involuntary; what methods should be used to formalize
the complaints; and adopt Resolution No. 86-85 of the Council
of the City of Bakersfield for Maintenance District No. 3 approv-
ing and adopting the 1985-86 Budget, levying assessments, reserv-
ing the right to perform maintenance work by City forces and
authorizing collection of assessments by the Kern County Tax
Collector. This motion was approved by the following roll call
vote:
Ayes:
Noes:
Absent:
Abstaining
Councilmen Christensen, Moore,
Barton, Childs,
None
None
Councilman Dickerson
Ratty, Rockoff,
This is the time set for public hearing before
the Council for hearing protests by property
owners on the amount of assessment, the fair-
ness of the benefit formula, parcels of
property to be assessed or reservation by the
City of its right to elect to perform work of
maintenance by City forces on Maintenance
District No. 4, which provides the basis for
the benefit assessment for maintaining street
and parkway landscaping, walls, and parks to be
borne by all parcels of property within
Maintenance District No. 4, that portion of
Section 7, 8 and 17, Township 30 South, Range
27 East, M.D.M.
Mayor
participation.
lie portion of
action.
Payne declared the hearing open for public
No protests or objections being received, the pub-
the hearing was closed for Council deliberation and
Upon a motion by Councilman Moore, Resolution No. 87-85
of the Council of the City of Bakersfield for Maintenance District
No. 4 approving and adopting the 1985-86 Budget, levying
assessments, reserving the right to perform maintenance work by
City forces and authorizing collection of assessments by the Kern
County Tax Collector, was adopted by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmen Christensen,
Childs,
None
Councilman Dickerson
Moore, Ratty,
Rockoff Barton,
,~ ·
Bakersfield, California, June 17, 1985 Page 4
This is the time set for public hearing before
the Council for hearing protests by property'
owners on the amount of assessment, the fairness
of the benefit formula, parcels of property to
be assessed or reservation by the City of its
right to elect to perform work of maintenance by
City forces on Maintenance District No. 5, which
provides the basis for the benefit assessment for
maintaining street and parkway landscaping, walls,
signs and parks to be borne by all parcels of
property within Maintenance District No. 5, in
that portion of Section 8, Township 30 South,
Range 27, East M.D.M.
Mayor Payne declared the hearing open for public par-
ticipation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Ratty, Resolution No. 88-85
of the Council of the City of Bakersfield for Maintenance District
No. 5 approving and adopting the 1985-86 Budget, levying
assessments, reserving the right to perform maintenance work by
City forces and authorizing collection of assessments by the Kern
County Tax Collector, was adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Moore, Ratty,
None
Councilman Christensen
Councilman Dickerson
Rockoff,
Barton, Childs
This is the time set for public hearing before
the Council for hearing protests by property
owners on the amount of assessment, the fairness
of the benefit formula, parcels of property
to be assessed or reservation by the City of
its right to elect to perform work of maintenance
by City forces on Maintenance District No. 6,
which provides the basis for the benefit assess-
ment for maintaining street and parkway land-
scaping, walls, signs, and parks to be born
by all parcels of property within Maintenance
District No. 6, extending west from the east
curb line of the median strip of Gosford
Road to the eastern boundary of the Arvin-
Edison Canal and the area extending south
from the centerline of Ming Avenue to the
intersection of the northern boundary of the
Arvin-Edison Canal and Gosford Road.
Mayor Payne declared the hearing open for public par-
ticipation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Moore, Resolution No. 89-85
of the Council of the City of Bakersfield approving and adopting
the 1985-86 Budget, levying assessments, reserving the right to
perform maintenance work by City forces and authorizing collection
of assessments by the Kern County Tax Collector, was adopted by
the following roll call vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Moore, Ratty, Rockoff,
Councilman Childs
None
Councilmen Christensen, Dickerson
Barton
Bakersfield, California, June 17, 1985 Page 5
This is the time set for public hearing
before the Council for hearing protests by
property owners on the amount of assessment
the fairness of the benefit formula, parcels
of property to be assessed or reservation
by the City of its right to elect to perform
work of maintenance by City forces on
Maintenance District No. 7, which provides
the basis for the benefit assessment for
maintaining street and parkway landscaping,
walls, and signs to be borne by all parcels
of property within Maintenance District No. 7,
extending west from the west boundary of the
Arvin-Edison Canal to the westerly curb line
of the median strip of Old River Road and the
area extending north from the centerline of
Ming Avenue to the south property line of
California State College, Bakersfield, and
the north right-of-way of Camino Media in
Section 5, 6, 7, and 8, Township 30 South,
Range 27 East, and a parcel of land south of
the centerline of Ming Avenue, in Sections 7
and 8, Township 30 South Range 27 East.
Mayor Payne declared the hearing open for public par-
ticipation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Ratty, Resolution No. 90-85
of the Council of the City of Bakersfield for Maintenance District
No. 7 approving and adopting the 1985-86 Budget, levying
assessments, reserving the right to perform maintenance work by
City forces and authorizing collection of assessments by the Kern
County Tax Collector, was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Moore, Ratty, Rockoff,
Barton, ChiLds
Noes: None
Absent: None
Abstaining: Councilman
Dickerson
Councilman Dickerson stated, for the record, that there
is no qualified City Attorney present.
This is the time set for public hearing
before the Council for hearing protests by
property owners on the amount of assessment,
the fairness of the benefit formula, parcels
of property to be assessed or reservation
by the City of its right to elect to perform
work of maintenance by City forces on
Maintenance District No. 8, which provides
the basis for the benefit assessment for
maintaining certain local improvements to be
borne by all parcels of property within
Maintenance District No. 8, generally
bounded by Morning Drive on the east, College
Avenue on the south, Fairfax Road on the west,
and State Route VI Highway 178 on the north.
Mayor Payne declared the hearing open for public par-
ticipation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Bakersfield, California, June 17, 1985 Page 6
Upon a motion by Councilman Childs, Resolution No. 91-85
of the Council of the City of Bakersfield for Maintenance District
No. 8 approving and adopting the 1985-86 Budget, levying
assessments, reserving the right to perform maintenance work by
City forces and authorizing collection of assessments by the Kern
County Tax Collector, was adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Moore, Ratty,
None
Councilman Christensen
Councilman Dickerson
Rockoff, Barton, Childs
REPORTS
Councilman Rockoff, Chairman of the Budget and Finance
Committee read Report No. 11-85, regarding Fiscal Year 1985-86
Operating, Capital Improvement and Redevelopment Agency Budgets,
as follows:
On May 22, 1985, the proposed annual budget for the
City of Bakersfield and Redevelopment Agency 1985-86
fiscal year was submitted to the City Council. The
proposed total budget represents expenditures of
$101,220,676. The total operating budget is
$68,970,992, Redevelopment Agency $1,691,808, and the
Capital Improvement Project budget is $30,559,876.
The budget represents all of the City of Bakersfield's
financial responsibilities and provides budget informa-
tion by department and by fund type. The budget also
includes requests from outside groups such as the
S.P.C.A., Convention Bureau, and the Bakersfield
Symphony. The committee believes that the level of ser-
vice represented in the budget will meet the current
needs of the citizens of Bakersfield. The committee
also recognizes that the continued pace of growth in the
City is not matched by an equal rate of growth in per-
sonnel or other resources, necessary to maintain our
current level of service. We believe the proposed
budget has been prepared and presented to the City
Council taking into consideration all possible methods
of cost containment without seriously reducing services.
Pursuant to our review, we believe several recommenda-
tions to be appropriate.
First, that those changes approved by this committee in
review of the Community Development Block Grant be made
in a part of the Capital Improvement budget. In light
of the availability of additional TDA funds, the committee
recommends that the following projects be added to the
Capital Improvement Program, per request by Dale Hawley,
Public Works Manager. These projects are: 1) Sonora
Street resurfacing (Union Avenue to East Truxtun
Avenue), $42,000; 2) South Union Avenue resurfacing
(Planz Road to South Chester Avenue), $118,000; 3) 17th
Street resurfacing (Chester Avenue to F Street),
$40,000; 4) Chester Lane resurfacing (Oak Street to
Oleander Avenue), $77,000; 5) Larson Lane construction
(west one-half 500 feet + south of Wilson Road),
$23,000; 6) Westside Freeway right-of-way acquisition,
$230,000, for a total of $530,000. In addition to the
above, the 1985-86 Capital Improvement budget should
include the following project which would be funded by
the developer: construction of outfall sewer line
(Plant #3 to Interstate #5 disposal site), totalling
$2,5OO,OOO.
In the Capital Improvement Program under Agricultural
Water, the committee recommends that the fencing of the
river canal, from the south bank Buena Vista Road to the
Bakersfield, California, June 17, 1985 - Page 7
end, will be funded from $90,000 from the Agricultural
Water Fund to reduce potential liability to the City and
to be in compliance with City ordinances. This amount
will be made available from the phasing of the 8th
Street storm drain project, with $70,000 funded in the
1985-86 fiscal year and $70,000 funded in the 1986-87
fiscal year. The remaining $20,000 will be funded from
the incorrect designation of the 16th Street-Elm
Street P.D.A. as funded by Agricultural Water. This
P.D.A. should be shown as a developer-funded project and
a $20,000 increase to the capital outlay fund reflected.
The committee also recommends that the amounts shown for
the development of the Bakersfield Airpark in the pre-
liminary Capital Improvement budget be amended to
reflect the actual figures, Federal Revenue Sharing
funding of $540,000 and the Airpark Enterprise portion
of $2,365,000.
With the development of the Airpark, there may be a need
for the construction of the main water line on Union
Avenue between Watts Drive and Pacheco, adjacent to the
Bakersfield Airpark, in the 1985-86 fiscal year. We
recommend that the Community Development Block Grant
funds be reprogrammed in the 1984-85 allocation in the
amount of $90,000 if this project becomes necessary.
The committee would also like to note severall major
issues in the Capital Improvement area. First, with the
anticipated elimination of Federal Revenue Sharing and
reductions of Community Development Block Grant, the
City should seriously begin to explore alternative sour-
ces of revenue for long-term capital projects such as
roads, parks and other major public facilities.
The committee noted that with the completion of the
Fairfax Road to Alfred Harrell Highway there may be sig-
nificant traffic impact on the intersection of Fairfax
and State Highway 178. We recommend that temporary area
lighting be installed and that staff continue to cooper-
ate with CALTRANS to pursue improved channelization
and traffic flow at that intersection. Staff indicates
that the area lighting could be completed with existing
funds. The committee would also like to recommend that
any revenues received from the methane gas project reim-
burse those funds which will provide improvements to
that project. In addition to the above-mentioned items,
the City Manager has informed the committee that due to
a lack of funds, the policy of setting aside $600,000
for the Separation of Grade at Truxtun and Mohawk was not
followed in the current year nor included in the pro-
posed Capital Improvement Budget for 1985-86.
The committee, in reviewing the operating budget, noted
that the S.P.C.A. had requested additional funding for
capital improvements to their facility. The committee
notes that through some advances have been made in the
area of animal control, we would like to see significant
improvements in this area, preferably through an
increased program of licensing and a spay-neuter
program, in conjunction with local veterinarians, and
we are recommending that staff study the facility impro-
vements and animal control issue and report back to the
committee.
The committee also notes that there are expenditures
related to computer activity in the proposed budget. We
believe that staff should continue to utilize technology
in every area possible and that long-term computer needs
and the financing of new and replacement hardware be
studied. The committee also feels that a method for
Bakersfield, California, June 17, 1985 Page 8
providing funds for large capital outlay expenditures
such as equipment should be pursued in the future due
the uncertainty of continued federal funding.
to
The area of parks and recreation was identified as a
major issue by the committee, and we recommend that a
task force be created composed of citizens and
Council members to review issues affecting parks and rec-
reation in the City of Bakersfield and to make recommen-
dations to the City Council regarding future park and
recreation activities.
The committee received a request from the Auditorium
Manager for the purchase of isle carpeting to be util-
ized during trade shows, exhibits and special events, at
a cost of $6,000. This carpet would be rented to
Auditorium users, and the cost would be recaptured
within a period of approximately two years. The commit-
tee, therefore, recommends that this request be included
in the 1985-86 Operating budget. Funds for the carpet
will be provided with the elimination of the 35mm camera
requested by the Auditorium Department in the amount of
$640, the elimination of the City Council's membership
in the National League of Cities in the amount of
$5,000, and the elimination of a set of encyclopedias
requested by the Mayor's Office in the amount of $1,400.
Staff has suggested that a surplus set of encyclopedias
can be obtained from the County library sufficient to
meet the needs of the Mayor's Office at minimal expense.
With your approval
recommended budget
follows:
of the above-mentioned changes, the
for the 1985-86 fiscal year is as
City Operating
Redevelopment Operating
Capital Improvements
Total Budget
$ 68,969,952
1,691,808
33,609,876
$104,271,636
This committee would like to thank the department heads
and City Manager's staff for the effort they put forth
in the preparation of the proposed budget as well as the
assistance provided in arriving at our recommendations.
In conclusion, this committee recommends the acceptance
and approval of this report and the adoption of the
Operating, Redevelopment Agency and Capital Improvement
budgets as modified in this report.
Councilman Rockoff made a motion to accept Report
11-85 from the Budget and Finance Committee and approve the
implementation of the recommendations.
No.
RECESS
Upon a motion by Councilman Childs, the meeting was
recessed at 9:00 p.m. and reconvened at 9:30 p.m.
Upon a motion by Councilman Rockoff Report No. 11-85
from the Budget and Finance Committee regarding Fiscal Year
1985-86 Operating, Capital Improvement and Redevelopment Agency
budgets, was accepted and approved.
CAPITAL IMPROVEMENT BUDGET 1985-86
City Manager Caravalho gave an overview of the Capital
Improvement Budget 1985-86, and explained the projects proposed
within the budget.
Bakersfield, California, June 17, 1985 - Page 9 t ~
REDEVELOPMENT BUDGET 1985-86
Upon a request by City Manager Caravalho, the
Redevelopment Budget for 1985-86 was deferred until June 26,
in order for the Redevelopment Agency to approve the budget.
1985,
RECESS
Upon a motion by Councilman Christensen, the Council
recessed its budget session at 10:08 p.m., until the budget ses-
sion of June 18, 1985 at 5:30 p.m.
MAYOR of the City of Bak4~rsfield, Calif.
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
rg
Bakersfield, California, June 18, 1985
Minutes of a budget session of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 5:30 p.m., June 18, 1985.
The meeting was called to order by Mayor Payne, followed
by the Pledge of Allegiance.
The City Clerk called the roll as follows:
Present: Mayor Payne. Councilmen Christensen, Dickerson, Moore,
Ratty, Rockoff, Barton, Childs
Absent: None
RECESS
Upon a motion by Councilman Dickerson, the budget ses-
sion was recessed to deal with the Recessed Meeting of June 12,
1985, regarding request for Council to direct the Planning
Commission to review and draft interim ordinance for parks and
recreation.
The Council Meeting was reconvened at 6:00 p.m.
HEARINGS
Revenue Sharing Funds.
City Manager Caravalho gave a brief overview of the pro-
jects proposed for the Revenue Sharing Funds.
Mayor Payne declared the hearing open for public par-
ticipation. No protests or objections being received, and no one
wishing to speak in favor, the public portion of the hearing was
closed for Council deliberation and action.
REPORTS
Assistant City Manager Russell reported on new posi-
tions, reclassifications, title changes and salary adjustments
proposed in the budget for Fiscal Year 1985-86.
Councilman Dickerson read Report No. 2-85 from the
Personnel Committee, regarding majority report new positions,
reclassifications, title changes and salary adjustments, as
follows:
The Personnel Committee met on Wednesday, June 12, 1985,
at 12:00 noon to continue the discussion from Monday,
June 10, on the new positions and reclassifications
requested in the proposed budget. Mr. Dickerson moved
that there has not been adequate time to review the material
presented by the staff and, therefore, the meeting
should be continued to the week of June 17. The motion
passed with Chairman Childs voting no. Mr. Childs
requested that a minority report be submitted.
Councilman Dickerson read a memorandum submitted
Councilman Christensen and himself, dated June 18, 1985, as
follows:
from
After considerable discussion and time expended, the
Personnel Committee is recommending the approval
of staff's recommendation on additional positions with
the addition of one Senior Planner or Planning
Technician.
Bakersfield, California, June 18, 1985 - Page 2
Councilman Childs read Report No. 3-85 from the
Personnel Committee regarding Minority Report - new positions,
reclassifications, title changes, and salary adjustments, as
follows:
Chairman Childs requested that a minority report be sub-
mitted to the City Council on the subject of the propo-
sed new positions and reclassifications. This matter was
previously discussed on June 10 and continued to the
meeting on June 12.
Mr. Childs recommended
requested new positions
sented to the Personnel
that the City Council approve
and reclassifications as pre-
Committee by the City staff.
the
Councilman Childs made a motion to accept the report and
adopt the recommendations.
Councilman Barton called for the question, which was
approved with Councilman Dickerson abstaining.
Upon a motion by Councilman Childs Report No. 3-85, from
the Personnel Committee regarding Minority Report new positions,
reclassifications, title changes and salary adjustments, was
accepted and the recommendations contained therein were approved.
Councilman Dickerson made a motion to reconsider
Councilman Childs' motion accepting Report No. 3-85 and adopting
the recommendations therein. The motion was unanimously approved.
Upon a motion by Councilman Dickerson, Report No. 3-85
from the Personnel Committee regarding Minority Report - new posi-
tions, reclassifications, title changes and salary adjustments,
was accepted and the recommendations by staff were approved.
Upon a motion by Councilman Childs, the request for an
additional Senior Planner or Planning Technician for the Planning
Department was referred to staff for investigation and report back
to Council on their recommendation. This motion was unanimously
approved.
Resolution No. 92-85 of the Council of the
City of Bakersfield amending Resolution
No. 61-85 setting salaries and related
benefits for Officers and Employees of the
City of Bakersfield.
Upon a motion by Councilman Barton, Resolution No. 92-85
of the Council of the City of Bakersfield was adopted by the fol-
lowing roll call vote:
Ayes:
Noes
Absent:
Councilmen Christensen, Dickerson, Moore,
Barton, Childs
None
None
Ratty, Rockoff,
Operating Budget 1985-86.
Councilman Christensen made a motion that the Council be
notified when a meal is going to be provided for the Council. The
motion failed by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Christensen, Dickerson, Childs
Councilmen Moore, Ratty, Rockoff, Barton
None
Councilman Christensen made a motion that meetings not
be held during the dinner hour, froin 6:00 p.m. to 7:30 p.m. The
motion was defeated with Councilman Christensen voting aye.
City Manager Caravalho made a report regarding the
General Fund Budget for 1985-86.
Bakersfield, California, June 18, 1985 - Page 3
RECESS
Upon a motion by Councilman Barton, the budget session
was recessed at 6:55 p.m., until June 26, 1985, at 7:00 p.m. in
order to deal with the 1985-86 Operating Budget.
MA OR o the City of Bakersfield,
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
CW:rg
Calif.
Bakersfield, California, June 18, 1985
Minutes of a recessed meeting of the Council of
of Bakersfield, held in the Council Chambers of City Hall
p.m. June 18, 1985.
the City
at 5:35
The meeting was called to order by Mayor Payne.
The City Clerk called the roll as follows:
Present:
Mayor Payne. Councilmen Childs, Christensen, Dickerson,
Moore, Rockoff, Ratty, Barton
Absent: None
DEFERRED BUSINESS
Request for Council to direct the Planning
Commission to review and draft interim
ordinance for parks and recreation.
Meeting
1985.
Action on this item was deferred from
of June 12, 1985, until after the Budget
the Council
Hearing of June 17,
Councilman Dickerson made a motion to refer the request
for Council to direct the Planning Commission to review and draft
interim ordinance for parks and recreation; the establishment
of a commission to review the entire program to the Auditorium and
Community Service Committee; and report back to the Council in 30
days. This motion was defeated with Councilman Dickerson voting aye.
RECESS
The Council Meeting was recessed at 5:50 p.m. and recon-
vened at 5:55 p.m.
Councilman Dickerson made a motion to form an Ad Roc
Committee for parks and recreation activities with Councilmen
Dickerson, Barton and Rockoff as the committee members.
Councilman Barton made
entire Council and Mayor act as
tion activities.
an amended motion to have the
the committee for parks and recrea-
Councilman Ratty called for the question, which was una-
nimously approved.
Councilman Barton's amended motion to have the entire
Council and Mayor act as the committee for parks and recreation
activities, was unanimously approved.
Grant Agreement with Federal Aviation Admini-
stration for Bakersfield Airpark Acquisition
and Improvement Project.
Upon a motion by Councilman Barton, the Grant Agreement
with the Federal Aviation Administration for Bakersfield Airpark
Acquisition and Improvement Project was approved and the Mayor was
authorized to execute the agreement.
Bakersfield, California, June 18, 1985 Page 2
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Childs, the meeting was
adjourned at 6:00 p.m.
MAYOR of the City of Bak~-~rsfield, Calif.
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
rg
Bakersfield, California, June 26, 1985
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 p.m., June 26, 1985.
The meeting was called to order by Vice-Mayor Barton,
followed by the Pledge of Allegiance and Invocation by Reverend
Don Sheldon of the First Christian Church.
The City Clerk called the roll as follows:
Present: Councilmen Christensen, Dickerson, Moore, Rockoff,
Barton, Childs
Absent: Mayor Payne. Councilman Ratty
SCHEDULED PUBLIC STATEMENTS
Mary Green, 4504 Harris Road, complained about the horses and
their odor in her neighborhood.
Upon a motion by Councilman Childs, Mrs. Green's com-
plaint about the horses and their odor in her neighborhood was
referred to staff.
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from Robert and Elizabeth Birchfield, 2700 Chester Avenue,
Bakersfield, received June 10, 1985, requesting restriction for
off-street parking be removed, was received and referred to the
Planning Department.
Upon a motion by Councilman Rockoff, communication from
Thompson Displays, 1242 North Filbert St., Stockton, California,
received June 24, 1985, requesting notification of workshops
regarding the newly adopted sign ordinance, was received and
referred to staff.
COUNCIL STATEMENTS
Councilman Dickerson stated that Gene Vicebinder was
originally booked on Flight 847, which was recently highjacked,
but eventually flew Air France.
REPORTS
City Manager Caravalho gave a report on the Workshop
be held regarding Parks and Recreation Task Force, Conflict of
Interest and Brown Act.
to
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
Allowance of Claims Nos. 7418 to 7829 inclu-
sive, in the amount of $1,302,133.37.
Claim for Damages from Charles Roundy,
c/o Crawford & Company, 1234 Chester Avenue,
#103, Bakersfield. (Refer to City Attorney)
Claim for Damages from Jackie Robinson,
Melissa Robinson. Bryan Robinson, Michael
Borrecco and Steven Borrecco, c/o Attorney
Michael J. Webb, 1430 Truxtun Avenue,
Suite 500, Bakersfield.
Application for Leave to Present Late Claim
for personal injuries and damages by
David Hartely, c/o Law Offices of George A.
Boyle, 416 Truxtun Avenue, Bakersfield.
Bakersfield, California, June 26, 1985 Page 2
Easement from City of Bakersfield to Pacific Gas
and Electric Company for overhead electrical faci-
lities. This easement will permit the construction
of overhead electrical facilities across the Kern
River at Mohawk Street to provide an alternate
power source for the southwest Bakersfield area.
This item was pulled to be heard after Hearings.
Map of Tract No. 4777 and Improvement
Agreement with Tenneco Realty Development
Corporation for the construction of improvements
and a Grant Deed to the City of Bakersfield for
storm drain and access purposes to an existing
drainage basin, located westerly of Ashe Road bet-
ween Ming Avenue and White Lane.
Map of Tract No. 4779, with Gannon Enterprises,
Inc., for a subdivision, located between 38th and
40th Streets north to south, and "K" Street to
Jewett Street east to west.
Request from Tenneco Realty Development
Corporation for Extensions of Time to complete
improvements in Tract 4696, Agreement No. 84-150,
located south of Ming Avenue, east of Old River
Road, and Tract 4699, Agreement No. 84-147,
Tract 4705, Agreement No. 84-169, Tract 4717,
Agreement No. 84-146, all located north of White
Lane and West of Gosford Road. The revised comple-
tion date for Tracts 4696, 4699 and 4717 is July
18, 1986. The revised completion date for Tract
4705 is August 15, 1986.
Improvement Agreement for Parcel Map No. 7470, with
Lawton Powers & George F. Martin, for the construction
street improvements at the southeast corner of
Panama Lane and Wible Road.
Notice of Completion and Acceptance of Work on
"Furnish Manufactured Electrical Panelboard
for Ashe Water Pumping Plant #15," Contract No.
with Flo-Systems, Inc.
84-281
Notice of Completion and Acceptance of Work on
"Furnish and Install Deepwell Turbine Pump and
Motor for Ashe Pump Plant #15," Contract No. 85-3
S. A. Camp Pump Company.
with
Notice of Completion and Acceptance of Work on
"Concrete Block Pumphouse for Ashe Water
Pumping Station #15," Contract No. 85-315 with Gen-Par
Construction Company.
Notice of Completion and Acceptance of Work on:
Centennial Park Sump Improvements, Phase I,
Contract No. 84-245, with Micon Construction.
Hartman Avenue Storm Drain, Carr Street
Drive, Contract No. 85-60, with Salomon
Construction.
to Rio Bravo
Pipeline
Street improvements on Stine Road and Wible Road at
Southern Pacific Railroad, Contract No. 85-22, with
Griffith Company.
the
Bakersfield, California, June 26, 1985 - Page 3
Tract 4720,
Development
and east of
Contract No. 84-148,
Corporation, located
Old River Road.
with Tenneco Realty
south of Ming Avenue
Parcel Map No. 7087, Contract No. 83-203, with Safeway
Stores, Inc., located at the southeast corner of So. "H"
Street and White Lane.
Application for Encroachment Permit from Wally
Tucker Nissan for the construction of standard refuse
enclosure and a block retaining wall within a sewer
easement.
Approval of Plans and Specifications for
Reconstruction of Stine Road - Phase II beginning 80~
feet south of Parhero Road and ending 100 feet north of
the Southern Pacific Transportation Company tracks.
Contract Change Order No. i to Contract No.
85-79 with American Fence Company of California, Inc.,
for installation of chain link fencing around the west
reservoirs at Treatment Plant 2. This Contract Change
order is necessary because it provides additional fenc-
ing to complete the west reservoir.
r. This item was pulled to be heard after flearings.
Agreement between the City of Bakersfield and
Arlene Wade to teach intermediate stained
glass.
Agreement between the City of Bakersfield and
Judy Morris to teach stained and leaded glass.
Agreement between the City of Bakersfield and
June Gabel to teach arts and crafts.
Agreement between the City of Bakersfield and
Bakersfield Musicians' Protective Association
Local 263 to conduct seven (7) band concerts.
Upon a motion by Councilman Rockoff, Items a, b, c, d,
g, h, i, j, k, l, m, n, o, p, q, s, t, u, and v, of the Consent
Calendar, were adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Christensen,
Childs
None
Councilman Ratty
Dickerson, Moore,
Rockoff, Barton,
ACTION ON BIDS
Upon a motion by Councilman Rockoff, the low bid from LEA
Dynatech, Inc., in the amount of $8,045.40, for Electrical Surge
Protection for 18th Street Parking Facility, was accepted and all other
bids were rejected.
Kern Turf
with Grass
Upon a motion by Councilman Christensen, the low bid from
Supply, in the amount of $6,180.98, for Riding Gang lawnmower
Catcher, was accepted and all other bids were rejected.
Upon a motion by Councilman Moore, the low bid from H.V.
Carter Company, in the amount of $6,868.80, for a Riding Gang
Lawnmower, was accepted and all other bids were rejected.
Upon a motion by Councilman Childs, the low bid from Casa
Moore Furniture, in the amount of $7,412.58, for Squad Room Chairs (27)
for the Fire Department, was accepted and the other bid rejected.
Bakersfield, California, June 26, 1985 Page 4
Upon a motion by Councilman Christensen, the low bid from
McCarthy Steel, in the amount of $4,745.00, for Scot Pak Air Tight
Containment Building for the Fire Department, was accepted and all
other bids rejected.
Upon a motion by Councilman Childs, the low bid from
Tri-County Roofing, in the amount of $89,800, for reroofing por-
tions of City Hall, Fire Station No. 1 and Senior Citizen's
Center, was accepted, all other bids rejected, approve the use of
savings in the amount of $24,800, and authorize the Mayor to exe-
cute the contract.
Upon a motion by Councilman Rockoff, the low bid from
James G. Francis, in the amount of $54,666.00, for Base Bid plus
Addition A for pavement improvements on Mt. Vernon Avenue from
south City limits to Panorama Drive, was accepted,all other bids
were rejected, approve the use of savings in the amount of
$10,666.00, and authorize the Mayor to execute the contract.
Upon a motion by Councilman Moore, the low bid from
Pacific Pipeline Survey, in the amount of $19,890, for base bid
rehabilitation of a 54-inch storm drain in 21st Street between
Westwind Drive and Oak Street (pipe joint grouting with
acrylamid), was accepted and the Mayor was authorized to execute
the contract.
for
Upon a motion by Councilman Christensen, the low bid
from Granite Construction Company, in the amount of $126,657, for
Schedule A for patching and resurfacing Chester Avenue from
Truxtun Avenue to 24th Street, was accepted, all other bids
rejected, approve the use of savings in the amount of $16,657, and
authorize the Mayor to execute the contract.
Upon a motion by Councilman Moore, the low bid from
D.D. & K. Construction, in the amount of $11,090, for Demolition
of Substandard Buildings, was accepted and all other bids
rejected.
Upn a motion by Councilman Moore, usual bidding
requirements were dispensed with, in accordance with Section
3.20.060 of the Municipal Code, and the Finance Director was
authorized to negotiate a price with Motorola to purchase Standby
Modem for Police Department Computer Aided Dispatch System (CAD).
Upon a motion by Councilman Childs, low bids from
Safeguard Specialists (six items), in the amount of $5,657.41, San
Diego Fire Equipment (five items), in the amount of $1,232.66,
Western Fire Equipment (one item), in the amount of $1,224.30, and
Halprin Supply Company (four items), in the amount of $1,682.75,
for miscellaneous Fire Department supplies, were accepted and al!
other bids rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 2980 of the
Council of the City of Bakersfield amend-
ing Sections 17.14.060, 17.15.060 and
17.18.060 of the Bakersfield Municipal
Code relating to Minimum Rear Yards.
This ordinance was given first reading at the meeting of
June 12, 1985.
Bakersfield, California, June 26, 1985 - Page
Upon a motion by Councilman Rockoff, Negative
Declaration and Ordinance No. 2980 New Series finding said zonings
consistent with the General Plan, was adopted by the following
roll call vote:
Ayes: Count
Noes: None
Absent: Counc
ilmen Christensen, Dickerson,
Barton, Childs
ilman Ratty
Moore, Rockoff,
Adoption of Ordinance No. 2981 New Series
of the Council of the City of Bakersfield
amending Sections 17.42.044, 17.42.050 A,
17,42.060 E, and 2.18.020 B and repealing
Section 17.42.060 E of the Bakersfield
Municipal Code relative to excavation and
removal of rock, river grave], sand and
other materials.
This ordinance was given first reading at the meeting of
June 12, 1985.
Upon a motion by Councilman Moore, Negative Declaration
and Ordinance No. 2981 New Series finding said zoning consistent
with the General Plan, was adopted by the following roll call
vote:
Ayes: Councilmen Christensen, Dickerson,
Barton, Childs
Noes: None
Absent: Councilman Ratty
Moore, Rockoff,
Adoption of Ordinance No. 2982 New Series
of the Council of the City of Bakersfield
amending Section 17.06.020 of Chapter
17.06 (Zoning Map) of the Municipal Code
of the City of Bakersfield regarding
prezoning of property known as Akers No. 3
Annexation.
This ordinance was given first reading at the meeting of
June 12, 1985.
Upon a motion by Councilman Childs, Negative Declaration
and Ordinance No. 2982 New Series finding said zonings consistent
with the General Plan, was adopted by the following roll call vote:
Ayes: Councilmen Christensen,
Childs
Noes: None
Absent: Councilman Ratty
Dickerson, Moore,
Rockoff, Barton
Adoption of Ordinance No. 2983 New Series
of the Council of the City of Bakersfield
amending Section 17.06.020 of Chapter
17.06 (Zoning Map) of the Municipal Code
of the City of Bakersfield regarding pre-
zoning of property known as Hughes No. 2
Annexation.
This ordinance was given first reading at the meeting of
June 12, 1985.
Upon a motion by Councilman Moore, Negative Declaration
and Ordinance No. 2983 New Series finding said zonings consistent
with the General Plan, was adopted by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmen Christensen, Dickerson,
Barton, Childs
None
Councilman Ratty
Moore, Rockoff,
Bakersfield, California, June 26, 1985 - Page 6
Adoption of Ordinance No. 2984 New Series
of the Council of the City of Bakersfield
amending Section 17.06.020 of Chapter
17.06 (Zoning Map) of the Municipal Code
of the City of Bakersfield regarding pre-
zoning of property known as Fairview No. 2
Annexation.
This ordinance was given first reading at the meeting of
June 12, 1985.
Upon a motion by Councilman Childs, Negative Declaration
and Ordinance No. 2984 New Series finding said zonings consistent
with the Genera] Plan, was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Dickerson, Moore,
Barton, Childs
Noes: None
Absent: Councilman Ratty
Rockoff,
Adoption of Resolution No. 93-85 of the
Council of the City of Bakersfield
approving and adopting the Operating,
Capital Improvement, and Redevelopment
Agency budgets for the Fiscal Year
1985-86.
This resolution was deferred from the budget session of
June 18, 1985.
Upon a motion by Councilman Rockoff, Resolution No.
93-85 of the Council of the City of Bakersfield, was adopted by
the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Christensen, Dickerson,
Barton, Childs
None
Councilman Ratty
Moore, Rockoff,
Deferral of Implementation of Report No.
7-85 from Urban Development Committee,
regarding request for CDBG Assistance
from Joseph Victori Wines, Incorporated.
Upon a request of Councilman Childs at
June 12, 1985, Council deferred implementation of
until June 26, 1985.
the meeting of
this report
Upon a motion by Councilman Childs,
of Report No. 7-85 from the Urban Development
adopted as follows:
the recommendations
Committee, were
The committee is recommending that $180,000 from the
Community Development Program be available for this pro-
ject. The expenditure of the funds for this project is
contingent upon Joseph Victori Wines Incorporated secur-
ing financing for their equipment and presenting the
proof of financing in a form acceptable to the City
Attorney. Furthermore, they are to present a detailed
work write-up specifying the work and line item costs
covering the proposed rehabilitation of the structure at
1233 East California.
The agreements concerning the City participation in this
project should contain language directing Joseph Victori
Wines Inc. to target their employment recruitment to
residents of Census Tract 22. Also, the agreement
should address the terms and conditions for repayment of
the $180,000 for rehabilitation of the property. The
committee is recommending that these funds be provided
in the form of a non-interest bearing deferred loan.
The loan would be due and payable upon sale or transfer
of title.
Bakersfield, California, June 26, 1985 - Page 7 ~ ~
RECESS
Vice-Mayor Barton recessed the meeting at 7:35 p.m., and
reconvened the meeting at 7:50 p.m.
HEARINGS
This is the time set for public hearing
before the Council on an Appeal by
Sandra Campbell to the decision of the
Planning Commission approving an applica-
tion by Sequoia Engineering, Inc., to
amend the zoning boundaries from an A
(Agricultural) Zone to an R-1 (One Family
Dwelling) more restrictive Zone, affect-
ing that certain property in the City of
Bakersfield located on the southeast cor-
ner of Harris Road and Akers Road.
Vice-Mayor Barton declared the hearing open for public
participation.
Sandra Campbell, 3813 Margola Avenue, spoke in support
of the appeal and submitted petitions to the Clerk.
Willie Weldon, 3924 Harris Road, spoke in support of the
appeal.
Teddy M. Buddy, 5600 Julie Street, requested that the
Council amead the zone change without variance.
Jim Marino, 4420 Sugar Cane, spoke in support of the
appeal.
Harold Stot, 3600 De Ette Avenue, spoke in support of
the appeal.
Mike Mason, Homestead Land Development Corporation,
110 South Montclair, No. 104, spoke in opposition to the appeal.
Tom Clark, 5300 California Avenue, attorney representing
Victoria Delfino and Angela Dellinc, current owners of the prop-
erty, spoke in opposition to the appeal.
Robert Smith, 1430 Truxtun Avenue, representing Sequoia
Engineering, spoke in opposition to the appeal.
No further protests
one else wishing to speak in
public portion of the hearing
or objections being received and no
favor, Vice-Mayor Barton closed the
for Council deliberation and action.
RECESS
Upon request of Councilman Dickerson, the meeting was
recessed at 9:05 p.m. and reconvened at 9:18 p.m.
Councilman Moore made a motion to establish a buffer
zone with minimum lot widths to be equal to those properties
across the street from each one of these, and that the lots have
minimum depth of 100 feet on Harris and 115 feet on Akers; and
that any internal lots not be smaller than City code.
City Attorney OberhoIzer stated that Councilman Moore's
motion would appropriately be one to adopt a Negative Declaration
and Ordinance zoning the property R-1 with the conditions that the
property fronting on Akers have a minimum lot size of 75 by 115
feet and the properly on Harris Road have a minimum lot size of 75
by 100; and that the internal lots conform to the R-1 zoning or
have a minimum width of 60 feet and all lots Harris and Akers face
the streets.
Bakersfield, California, June 26, 1985 - Page 8
Councilman Childs made a substitute motion to be the
same as Councilman Moore's with the exception that the internal
lots be 56 feet.
Councilman Dickerson amended the substitute motion that
the average size of the lots within the subdivision be consistent
with the average of those developments within the square mile
area that are not PUD, that have not received final tract maps,
and are not mobile home designation. This motion failed by the
following roll call vote:
Ayes: Councilmen Christensen, Dickerson,
Noes: Councilmen Moore, Rockoff, Barton,
Absent: Councilman Ratty
Childs
Councilman Childs withdrew his substitute motion.
Councilman Dickerson made a motion to recess the
meeting, which failed with Councilman Dickerson voting aye.
Councilman Dickerson made a substitute motion to place
the issue of zoning the property on the ballot as an advisory
election, which failed by the following roll call vote:
Ayes: Councilmen Christensen, Dickerson
Noes: Councilmen Moore, Rockoff, Barton, Childs
Absent: Councilman Ratty
Councilman Childs called for the question, which was
unanimously approved.
Councilman Moore's motion to adopt a Negative
Declaration and Ordinance No. 2985 New Series zoning the property
R-1 with the conditions that the properties fronting on Akers have
minimum lot size of 75 by 115 feet, properties fronting on Harris
Road have a minimum lot size of 75 by 100 feet; the internal lots
conform to the R-1 zoning requirements; and all lots on Harris and
Akers face the streets, was approved by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmen Moore, Rockoff, Barton,
Councilmen Christensen, Dickerson
Councilman Ratty
Childs
RECESS
Vice-Mayor Barton recessed the Council Meeting at 10:20
p.m., and reconvened the meet}ng at 10:30 p.m.
This is the time set for public hearing
before the Council oil an Appeal by Brian
and Lynne Nordquist to the decision of
the Board of Zoning Adjustment approving
an application for a Conditional Use
Permit to Fernando Gaeta and Josie E.
Estrada to allow an automated car wash
with a three-bay detail shop, in a C-1-D
(Limited Commercial Architectural Design)
Zone, located at 395]. Wible Road.
Councilman Dickerson stated that he would abstain from
participating in this matter because he has income-producing prop-
erty within 300 feet of the subject of the appeal.
Vice-Mayor Barton declared the hearing open for public
participation.
Bakersfield, California, June 26, 1985 Page 9
Petitions, with 107 signatures from adjacent property
owners, in opposition to the Conditional Use Permit and a proposal
to the developer to build a brick wall along Alum Avenue, were
received on June 26, 1985.
Brian Nordquist, 3812 Sweet Springs Street, spoke in
support of the appeal and presented the Clerk with original peti-
tions denying the request for a Conditional Use Permit to Fernando
Gaeta and Josie E. Estrada.
Susan Hemm, 3809 Sweet Springs Street, spoke in sup-
port of the appeal.
Arlene Chow, 3401, 3501 & 3525 Alum, spoke in support
of the appeal.
Herb E. Roberts, 1020 Loch Lomond Drive, spoke in support
of the appeal.
Josie Estrada, 9509 Hemingway Place, spoke in support of
the Conditional Use Permit and against the appeal.
Fernando Gaeta, 2203 E. University, spoke against the
appeal.
William R. York, 2208 Sully Court, owner of property at
the southeast corner of Harris and Akers, spoke in opposition to
the appeal.
Jim Marino, 4429 Sugar Cane, spoke in opposition to the
appeal.
Councilman Moore made a motion to go by the conditions
that were set by the Board of Zoning Adjustment and that there be
a wall along Alum with a differential in level between the street
property that it would be an 8 foot brick wall.
and
Councilman Christensen made a substitute motion to deny
the Conditional Use Permit allowing an automated car wash at 3951
Wible Road.
Upon an amended motion by Councilman Moore, the hearing
regarding the appeal by Brian and Lynne Nordquist to the decision
of the Board of Zoning Adjustment approving a Conditional Use
Permit to allow an automated car wash with a three-bay detail shop,
was continued until July 10, 1985, to allow time for tile property
owner to consider the proposal by adjacent property owners.
This is the time set for public hearing
on Resolution of Intention No. 982 of the
Council of the City of Bakersfield to
establish Maintenance District No. 12 (El
Portal), bounded by Ming Avenue on the
north, El Portal Drive on the west, the
west line of Parcel Map No. 6132 on the
east, and northern boundary line of Tract
4289 on the south.
A letter from Tenneco Realty Development, P.O. Box 9380,
dated June 19, 1985, stating Tenneco has no objection to the
proposed assessment, was received.
Vice-Mayor Barton declared the hearing open for public
participation. No protests or objections being receiw~d, and no
one wishing to speak in favor, the public portion of the hearing
was closed for Council deliberation and action.
Bakersfield, California, June 26, 1985 - Page 10
Upon a motion by Councilman Childs, Resolution No. 94-85
of the Council of the City of Bakersfield establishing Maintenance
District No. 12 and Confirming the Assessment, was approved by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Dickerson, Moore, Rockoff, Barton, Childs
None
Councilman Christensen, Ratty
This is the time set for public hearing
before the Council of the City of
Bakersfield for the purpose of receiving
written and oral testimony regarding
transit needs in the City of Bakersfield.
Vice-Mayor Barton opened the hearing for public par-
ticipation.
Riley Parker, Kern County
Corporation, submitted a statement
position on the transit needs.
Economic Opportunity
to the Clerk regarding their
Parker, o
Frederick
The City Clerk read the statement provided by Riley
f the Kern County Economic Opportunity Corporation, from
A. Drew, Executive Director, as follows:
The GET Board of Directors policy to adopt certain cri-
teria for the GET-A-LIFT Program and then apply that
criteria (as a condition for receiving funds) to social
service agencies that provide a unique transportation
service is a narrow, inflexible view and will in fact
result in an unmet need to many senior citizens who can-
not otherwise ride public transit. This policy is not
consistent with what should be the goal of the Board to
ensure transportation service availability to all of
those in need, especially those senior citizens and low
income who cannot take advantage of GET's services. The
GET Board recognizes and admits that they are not a
social service agency, and yet they have the responsi-
bility to allocate "pass through funds" to social serv-
ice agencies. The criteria for these funds should be
based wholly, or at least in part, on the social service
agency criteria rather than the strict GET-A-LIFT cri-
teria. The GET Board fails to recognize this, and by
doing so is skirting their responsibility toward the
public sector not able to utilize public transit. This
policy must be questioned and changed by those who
appointed the GET Board and are responsible to the public.
Upon a motion by Councilman Moore,
for the purpose of receiving written and oral
transit needs in the City of Bakersfield, was
July 10, 1985, Council Meeting.
the public hearing
testimony regarding
continued until the
CONSENT CALENDAR
Map of Tract No. 4788 Unit "A" and Improvement
Agreement with U.S. Home Corporation, for the
construction of improvements northeasterly of
White Lane and Stine Road.
Upon a motion by Councilman Dickerson, item f of the
Consent Calendar was unanimously approved.
Authorization to transfer $114,000 appropriations
from the Recreation and Cultural program to the
Environmental Services Program.
Upon a motion by Councilman Rockoff, item r of the
Consent Calendar was approved with Councilman Childs abstaining.
Bakersfield, California, June 26, 1985 - Page i1
NEW BUSINESS
Emergency Ordinance No. 2986 of the
Council of the City of Bakersfield adding
Subsection H. to Section 17.10.020,
amending Sections 17.64.050 B.2. and
]7.66.020, and repealing Subsection F of
Section 17.32.020, relating to Permitted
Uses, Conditional Use Permits and
Drilling for Oil, Gas and other
Hydrocarbon Substances.
Councilman Moore made a motion to allow Warren Harms,
Attorney for Chevron, to make a brief statement to the Council.
Mr. Harms submitted a letter to the Council from Claude D.
Fiddler, Superintendent for the northern district of Chevron, P.O.
Box 5355, Bakersfield, dated June 26, 1985, stating their concerns
relating to the emergency ordinance.
Upon a motion by Councilman Childs, George Pearl was
allowed to make a statement to the Council.
George Pearl, President oI' Western Continental, stated his
concern that the present ordinance states 300 feet for notification
to property owners and the proposed ordinance indicates 1,500 feet.
Councilman Moore made a motion to defer the adoption of
the Emergency Ordinance until July 10, 1985.
Upon a motion by Councilman Dickerson, Lisa Smith was
allowed to address the Council.
Lisa Smith, resident in the proposed area, spoke in sup-
port of the 1,500 foot area for notifying residents.
Upon a motion by Councilman Dickerson, Marian Bradshaw was
allowed to address the Council.
Marian Bradshaw, 5301 Marina Drive, spoke in support of
the notification guidelines.
Upon a motion by Councilman Dickerson, George Pearl was
recognized to clarify his concern.
George Pearl stated that rushing through this Emergency
Ordinance may have detrimental affects in the future.
Councilman Rockoff made a substitute motion to adopt
Emergency Ordinance No. 2986 New Series; with a suggestion that
staff and the people involved meet and if there are items to be
changed at a later date, they can be changed. This motion was
approved by the following roll call vote:
Ayes: Counc
Noes: None
Absent: Counc
ilmen Christensen, Dickerson,
Barton, Childs
ilman Ratty
Moore, Rockoff,
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Chapter
17.06 (Zoning Map) of the Municipal
Code of the City of Bakersfield
regarding Prezoning of Property known
as Pacheco No. 10 Annexation.
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Sectins 17.04.610 and 17.08.260
to the Bakersfield Municipal Code
Relating to Temporary Promotional
Activities.
Bakersfield, California, June 26, 1985 Page 12
First reading of an Ordinance of the
Council of the City of Bakersfield
establishing Sewer User Charges and
Fees for Fiscal Year 1985-86.
Adoption of Resolution No. 95-85 of the
Council of the City of Bakersfield
providing for the collection of sewer
charges by the County Tax Collector
Council
by the
Councilman Dickerson made a motion to adjourn the
meeting until June 27, 1985 at 12:00 p.m., which failed
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Christensen, Dickerson
Councilmen Moore, Rockoff, Barton, Childs
Councilman Ratty
95-85 of
following
Upon a motion by Councilman Rockoff, Resolution No.
the Council of the City of Bakersfield was adopted by the
roll call vote;
Ayes:
Noes:
Absent:
Abstaining:
Counci]men Christensen,
Childs
None
Councilman Ratty
Councilman Dickerson
Moore, Rockoff,
Barton,
Adoption of Resolution No. 96-85 of the
Council of the City of Bakersfield
calling the General Municipal Election
for the Office of Councilman in the
1st, 3rd, 4th and 7th Wards, to be held
in the City of Bakersfield on Tuesday,
the 5th day of November, 1985, and
directing the City Clerk to publish the
Notice of Election.
Upon
of the Council
lowing roll ca
a motion by Councilman Childs, Resolution No. 96-85
of the City of Bakersfield, was adopted by the fol-
]1 vote:
Ayes: Counc
Noes: None
Absent: Counc
ilmen Christensen, Dickerson,
Barton, Childs
ilman Ratty
Moore, Rockoff,
Adoption of Resolution No. 97-85 of the
Council of the City of Bakersfield
requesting the Board of Supervisors of
the County of Kern to order the consoli-
dation of a General Municipal Election
with General District and Governing Board
of Elections to be held on Tuesday,
November 5, 1985, for the purpose of
electing Councilmembers to the City Council
of the City of Bakersfield in Wards 1, 3,
4 and 7.
Upon a motion by Councilman Childs, Resolution No. 97-85
of the Council of the City of Bakersfield, was adopted by the fol-
lowing roll call vote:
Ayes: Counci
Noes: None
Absent: Counci
]men Christensen, Dickerson, Moore,
Barton, Childs
lman Ratty
Rockoff,
Bakersfield, California, June 26, 1985 - Page 13 ~'~ ~
Adoption of Resolution No. 98-85 of the
Council of the City of Bakersfield
amending the Rate Schedule applicable
to Towing Service in response to
Police Dispatch.
Upon a motion
98-85 of the Council of
the following roll call
by Councilman Rockoff, Resolution No.
the City of Bakersfield, was adopted by
vote:
Ayes:
Noes:
Absent:
Councilmen Christensen, Dickerson, Moore,
Barton, Childs
None
Councilman Ratty
Rockoff,
Agreement with KSA Group Architects to
furnish necessary architectural services
in order to construct Rio Bravo Fire
Station.
Councilman Rockoff made a motion to approve the agree-
ment with KSA Group Architects for architectural services to con-
struct the Rio Bravo Fire Station, and authorize the Mayor to
execute the agreement.
Councilman Dickerson made a substitute motion to defer
the agreement with KSA Group Architects to the meeting of July i0,
1985. This motion was defeated by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Christensen, Dickerson
Councilmen Moore, Rockoff, Barton, Childs
Councilman Ratty
Upon a motion by Councilman Rockoff, agreement with KSA
Group Architects to furnish necessary architectural services in
order to construct the Rio Bravo Fire Station, was approved and the
Mayor was authorized to execute the agreement.
Extend Agreement between the City of
Bakersfield and Ed Rodgers, Auctioneer.
Upon a motion by Councilman Rockoff, extension of agree-
ment with Ed Rodgers, Auctioneer, was approved, and the Mayor
authorized to execute the agreement with Councilman Childs
abstaining.
Councilman Childs requested that staff ask Mr. Rodgers
to come before the Council.
International Year of the Youth
Councilman Moore stated that the Year 1985 was desig-
nated as International Year of the Youth by the United Nations in
1979. In February, Governor Deukmejian designated International
Year of the Youth in California.
Councilman Moore made a motion that the Mayor and
Council issue a proclamation declaring International Year of the
Youth in Bakersfield; staff explore a City-sponsored forum rec-
ognizing the youth of our community; and that staff make an implemen-
tation and recommendation about the forum back to the Council in
August.
Councilman Christensen made a substitute motion, that the
forum be composed of high school, college, junior high and elemen-
tary students, administrators, teachers, churches, and other peo-
ple of the community that might be of interest, such as business
people. This motion was unanimously approved.
Bakersfield, California, June 26, 1985 - Page 14
Establishment of a Non-Profit Foundation
for Community Residents' Donations to
the City.
Councilman Moore made a motion to establish a non-profit
foundation and ask staff, working with the Urban Development
Committee, to refine and recommend procedures and by-laws back to
the Council no later than August 14, 1985.
Councilman Childs made a substitute motion to defer the
issue of establishing a non-profit foundation and submit any mate-
rials to the Council and staff for their recommendation at the
July 10, 1985 Council Meeting. This motion was unanimously
approved.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 1:10 a.m.
ATTEST:
MAYOR of the City of Bake~rsfield, Calif.
CITY CLERK and Ex Officio Cle'rk of the Council
of the City of Bakersfield, California
CW:rg