HomeMy WebLinkAboutJULY - SEPT 1984Bakersfield, California, July 18, 1984
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., July 18, 1984.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Councilman Moore.
Present:
Absent:
June 20,
as presented.
Mayor Shell welcomed }~r. George Caravalho,
to the City of Bakersfield.
The City Clerk called the roll as follows:
Mayor Shell. Councilmen Christensen, Moore, Payne, Ratty,
RockoFf, Barton, Childs
None
l~inutes of Special Joint Meeting and Regular Meeting of
1984, and Regular Meeting of June 27, 1984, were approved
new City Manager
City Manager George Caravalho, expressed his pleasure to
be in the City of Bakersfield and indicated he and his wife look
forward to working and enjoying the community.
CORRESPONDENCE
Upon a motion by Councilman Rockoff, communication from
the League of California Cities, dated June 13, 1984, regarding the
designation of a voting delegate and alternate for the League of
California Cities Annual Conference to be held in Anaheim, California
from September 23 through 26, 1984, was received and Councilman Barton
was appointed as the voting delegate.
Upon a motion by Councilman Christensen, Councilman Rock-
off was appointed as the alternate voting delegate.
Upon a motion by Councilman Rockoff, communication from
Charles G. Waide, Assistant General Manager, Kern County Public
Employees Association, 1001 Seventeenth Street, Suite A, dated June
27, 1984, regarding Public Employees Arts and Crafts Fair and a
request to waive the required business license for each participant
or granting of special umbrella business license in the name of the
organization, was received and referred to the Budget and Finance
Committee.
Bakersfield, California, July 18, 1984 Page 12
Upon a motion by Councilman Moore,
Cornerstone Engineering, Inc., 159 "H" Street,
withdrawing their request to
referred to Planning Staff.
communication from
dated July 5, 1984,
close Bank Street, was received and
Upon a motion by Councilman Childs, communication from
Tenneco Realty Development Corporation, P.O. Box 9380, dated July 6,
1984, requesting a General Plan Amendment for commercial use of 46
acres and office space use of 51 acres located on the southeast
corner of Stockdale Highway and Buena Vista Road and east of Buena
Vista Road, approximately one mile south of Stockdale ttighway north--
east of the proposed intersection of Ming Avenue and Buena Vista
Road, was received and referred to Planning Commission.
Upon a motion by Councilman Ratty, petitions from resi-
dents along the 300 and 400 block ol! 17th Street, requesting a
General Plan Amendment on property located on 17th Street between
"S" and "V" Streets to High Density Residential, was received and
referred to the Planning Commission for study and recon~endation.
Upon a motion by Councilman Ratty, communication from
Tenneco Realty Development Corporation, P.O. Box 9380, dated July 1[[,
1984, requesting annexation of' a triangular piece of property bounded
on the east by Buena Vista Road, on the north by the southerly
boundary of the Kern River and on the southwest by an imaginary line
that goes from the southern end of the Kern River Bridl:e to a point
on Buena Vista Road, 750 feet south of Stockdale Highway, was
received and referred to the Planning Commission.
Upon a motion by Councilman Payne, communication from
Richard S. Burright, Control Electric, Inc., Superior Farming
Company, California Water Service, and T.G.&T. Investments, request-
ing annexation of property generally located south of Stockdale
Highway, north of Belle Terrace between South Real Road and Highway
99, was received and referred to Planning Department.
Bakersfield, California, July 18, 1984 - Page 3
!79
Upon a motion by Councilman Ratty, communication from
the Downtown Business Association, 1527 19th Street, Sl~ite 204,
dated July 16, 1984, in conjunction with the Kern County Farmers
Harket Association, is requesting a change in location for the weekly
Farmers Market Produce Sale, was received and referred to the Budget
and Finance Committee.
Upon a motion by Councilman Barton, communication from the
Downtown Business Association, 1527 19th Street, Suite 204, dated
July 17, 1984, submitting documents and requesting a meeting with
the Growth and Development Committee for approval of the 1984-85
Downtown Improvement District Budget, was received and referred to
Growth and Development Committee.
COUNCIL STATEMENTS
Upon a motion by Councilman Barton, Councilman Payne was
reappointed to the Legislative and Governmental and Efficiency and
Personnel Committees.
Upon a motion by Councilman Barton, the Kern River Plan
Element - June 1984, was referred to the Water Board for review and~
because of possible conflicts with the Kern River Water and Land
Use Policies of the City of Bakersfield, all recommendations to come
back to the Council.
Councilman Christensen thanked everyone for their best
wishes during his recent i~lness. He also expressed great dismay
at the Council's actions at the meeting of June 27, 1984, to reverse
their earlier decision to place the Work Place Smoking Guidelines
on the ballot.
Mayor Shell read a letter from Reverend Monsignor Maurice
Lahey, Pastor of Saint Franc~s Church, expressing gratitude on behalf
of the people of Saint Francis Parish, to the Bakersfield Fire Depart-
ment for the super job in saving their church on July 4, 1984.
450
Bakersfield, California, July 18, 1984 - Page 4
REPORTS
Councilman Rockoff, Chairman of Budget and Finance
Committee, read Report No. 18-84 regarding Inducement Resolution
Request by The Penstar Group, as follows:
Recently, the City Council received a request
from The Penstar Group for a resolution of
inducement to allow the issuance of revenue bonds
to finance the acquisition, construction and
improvement of a nursing home facility. The
Council referred the matter to the Budget and
Finance Committee for study and recommendation.
This committee met with members of the City
Staff and officials from The Penstar Group.
We noted The Penstar Group is requesting an
inducement resolution to issue approximately
$5,000,000 Charter City Bonds. The Penstar
officials indicated their project will consist
of a 160-bed skilled nursing facility to be
known as Citrus Heights Convalescent Hospital.
This facility will achieve a substantial
reduction of the deficiency of skilled nursing
beds within the Bakersfield area, consequent][y,
serving an important public purpose. Further,
the Committee noted this Facility will create
approximately 100 new jobs.
Additionally, we noted it will be necessary ]!or
the City to incur administrative expenses for
such items as reviewing legal documents, etc.
The City shall receive a fee in connection with
the project in an amount acceptable to the City
to offset any cost the City will incur.
This Committee recommends the City Council
approve the attached resolution of inducement:.
Upon a motion by Councilman Rockoff, Budget and Finance
Committee Report No. 18-84 regardin~ Inducement Resolution Request
by The Penstar Group, was accepted.
In answer to a question by Councilman Childs, Councilman
Rockoff stated he had spoke with the Managers of Hilltop and Colonial
Convalescent Hospitals, and while they were not overwe~mingly in
support of this facility, they were not negative either'. Information
he has received indicates that even after this 160-bed facility is
operational, there is still anticipated a 270-bed deficiency through
1987.
Councilman Childs stated there is currently a 27-bed
deficiency and he would like to know what the impact of this facility
Bakersfield, California, July 18, 1984 - Page 5
Ayes:
Noes:
Abstaining:
Absent:
will have on the existing convalescent hospitals in the City and
whether Penstar has been before the State Agency for approval.
Councilman Payne stated he attended hearings held by the
State Hospital Board here in Bakersfield and spoke on behalf of Penstar
after hearing two and one-half hours of input from other people in
this industry and the community. The 27-bed availability factor was
the issue, however, that is a monthly average at the facility and
not a bed availability at any given time. It was his understanding
that it is a two-year process from the time the Board renders a
decision until the time someone is in a position to commence construc-
tion. The issues that Councilman Childs has brought up were discus;~ed
in detail at the hearings and the State Board did approve Penstar's
request with a vote o£ 7-0. There are people on the State Hospital
Board from the Bakersfield area.
Adoption of Resolution No. 43-84 of
intention of the Council of the City
of Bakersfield relating to The Califor-
nian Convalescent Hospital Project.
Upon a motion by Councilman Rockoff, Resolution No. 43-84
of intention of the Council of the City of Bakersfield relating to
The Californian Convalescent Hospital Project, was adopted by the
following roll call vote:
Councilmen Moore, Payne, Ratty, Rockoff, Barton
Councilman Childs
Councilman Christensen
None
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 6680 to 7054, inclusive,
in the amount of $1,513,672.90; and Claims Nos. 1
to 41, inclusive, in the amount of $63,963.37.
(b) Claim for Indemnity from County of Kern, c/o
Borton, Petrini & Conron, P.O. Box 2026, Bakers-
field. (Refer to City Attorney)
(c) Claim for Personal Injuries from Mary H. Watkins,
131 - 8th Street, Bakersfield. (Refer to City
Attorney)
(d) Clafm for Damages from Gwynetta A. McCullough,
c/o Ure and Shupe, 333 Civic Center Drive West,
Santa Ana, Los Angeles, 92701. (Refer to City
Attorney)
482
Bakersfield, California~ July ]8, 1984 - Page 6
(e)
(f)
(g)
(h)
(i)
Applications for Leave to Present Late Claim
for Personal Injuries from Laura Norman, c/o
Attorney Michael J. Webb, 1430 Truxtun Avenue,
Suite 500, Bakersfield. (Refer to City
Attorney)
Claim for Personal Injuries from Sheryl Sue
Anderson, 8801 McKinnon, Bakersfield. (Refer
to City Attorney)
Claim for Damages from Aruora, Maria, Elia,
Noemi, Manuel, Rosa Mirella, Sandra Luz,
Ramon, Aselida and Leonel Del Toro, c/o
James L. Faulkner, 1308 Chester Avenue.
(Refer to City Attorney)
Map of Tract No. 4690 and Improvement Agree-
ment with 7330 Stockdale Highway Ltd., [or
construction of improvements therein,
located on the north side of Stockdale ttigh-
way west of E1 Rio Drive.
Map of Tract Nos. 4696, 4699, 4717 and 4720
and Improvement Agreements with Tenneco
Realty Development Corporation, for construc-
tion of improvements therein, located in the
area between Gosford Road and Old River Road,
East and West and Ming Avenue and White Lane,
North and South.
(j) Notices of Completion and Acceptance of Work
on[
Traffic Signal
Mohawk Street,
Tenneco Realty
System on Truxtun Avenue at
Contract No. 83-108, with
Development Corporation.
Truxtun Avenue Improvements, "L" Street and
East 19th Street, Contract No. 84-67, with
Granite Construction Company.
Drainage Improvements on South Real Road,
Reeder Avenue to Kennedy Avenue, Hughes Lane
at Westhaven Avenue, Contract No. 83-87, with
Credence Construction.
Tract No. 4591, Contract No. 83-38, with
Colbec Development Corporation, located at
Pacheco Road and Akers Road.
Tract No. 4603, Contract No. 83-95, with
Homestead Land Development Corporation,
located at Fairview Road and Walton Avenue.
Tract No. 4607, Contract No. 83-149, with
Covington Technologies, Iocated at South
"H" Street and O'Neill Avenue.
Tract No. 4608~ Contract No. 83-105, with
Tenneco Realty Development Corporation,
located at Old River Road and Ridge Oak Drlve.
Bakersfield, California, July 18, 1984 - Page 7
(k)
(1)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
Application for Encroachment Permit from
Passive Investors, 83 East Shaw, Suite 25,
Fresno, for a roof overhang and a flush
planter area extending four feet into the
street right-of-way at the back of side-
walk at 1227 Chester Avenue.
Application for Encroachment Permit froin
Steve and Ginger Russell, 3001 Fairfax
Road, Bakersfield, for constrnction of a
6 foot high wood and stucco fence on a 3
1/2 foot high masonry block and stucco
retaining wall at the back of the side-
walk along High]and Oaks Street at 3001
Fairfax Road.
Application for Encroachment Permit from
Getty Refining and Marketing Company,
P.O. Box 1476, Bakersfield, for construe-
tion of a temporary pipeline to be located
along City owned property adjacent to the
Kern River between the Getty-Mohawk StaTion
at 24th and Oak Streets and the Carrier
Canal. The proposed project was reviewed
by the City Departmentof Water Resources.
Application for Encroachment Permit from
W. J. Bolich, 3100 Fairview Road, Bakers-
field for approval to locate a private
gas line approximately 3 feet in the street
right-of-way.
Application for Encroachment Permit from
Engelien/Tuculet Partnership, 1321 Stine
~oad, Bakersfield, for construction of a
1 1/2 foot high landscape retaining wall
along the back of the sidewalk at 4130
Ardmore Avenue.
Plans and Specifications for resurfacing
portions of Planz Road between South
Chester Avenue and Union Avenue.
Plans and Specifications for the Construc-
tion of Canal Culvert and Street Improve-
ments at 34th Street and the East Side
Canal.
Plans and Specifications for construc-
tion of a Reinforced Concrete Box Culvert
on Sacramento Street at East Side Canal.
Request for Approved Leave Without Pay for
Police Office Michael Vest. Mr. Vest is
presently on a 30-day Leave of Absence
Without Pay, which terminated July 4, 1984.
He is requesting an additional 30-day Leave
while awaiting a hearing relative to his
medical status, which is scheduled for
July 31, 1984. This leave will carry him
through August 2, 19S4. Recommend approval
of up to 30 days, exact amount to be
determined by examining physicians.
484
Bakersfield, California, July 18, 1984 - Page 8
Upon a motion by Councilman Rockoff, Items (a), (b),
(e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o),
(r) and (s) of the Consent Calendar were adopted by the
(c), (d),
(P), (q),
following roll call vote:
Ayes: Councilmen Christensen, Moore, Payne, Ratty, Rockoff,
Barton, Childs
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Moore, low bid of Sunset
International, in the amount of $132,830.35, for Catch Basin/Sewer
Cleaner Truck, was accepted and all other bids rejected.
Upon a motion by Councilman Ratty, low bid of Tumblin
Company, in the amount of $417,720.00, for Construction of bridges
on Coffee Road at Kern River Canal and Arvin-Edison Canal, was
accepted, all other bids rejected, and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Christensen, bid for construc--
tion of Street Improvements on East Brundage Lane from Quantico
Avenue Westerly, approved by the Council on June 6, 19S4, was
rescinded. Due to a problem in the bidding procedure, this contract
has not been finalized, therefore, the Public Works Department
recommended that the award be rescinded. The item will be resubmit--
ted for award at the August 1, 1984 Council Meeting.
Upon a motion by Councilman Childs, bid for construction
of an extension of the Quantico Avenue Storm Drain between East
Brundage Lane and Freeway 58~ approved by the Council on June 6,
19S4, was rescinded. Due to a problem in the bidding procedure, this
contract has not been finalized, therefore, the Public Works Depart-
ment recommended that the award be rescinded. The item will be
resubmitted for award at the August 1, 19S4 Council Meeting.
Bakersfield, California, July 18, 1984 - Page 9
DEFERRED BUSINESS
Adoption of Ordinance No. 2928 New
Series of the Council of the City of
Bakersfield amending Sections 8.16.060
and 12.56.240 of the Bakersfield
Municipal Code relative to Sale of
Food and Beverage in or in Vicinity of
Public Parks.
Upon a motion by Councilman Childs, Ordinance No. 2928
New Series amending Sections 8.26.060 and 12.56.240 of the Bakers-
field Municipal Code relative to Sale of Food and Beverage in or in
Vicinity of Public Parks, was adopted by the following roll call
vote:
Ayes
Noes
Absent:
Councilmen
None
None
Christensen, Moore, Payne, Ratty, Rockoff,
Barton Childs
Adoption of Ordinance No. 2929 New
Series of the Council of the City
of Bakersfield amending Title Seven-
teen of the Bakersfield Municipal
Code by changing the Land Use Zoning
of that certain property in the City
of Bakersfield commonly known as 429
"A" Street.
The application for the amendment was made by Edith Gibson
for Harry A. Dudley, III, and would change subject property from an
R-1 (One Family Dwelling) Zone to an R-2 (Limited Multiple Family
Dwelling), or more restrictive Zone.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Ratty, Negative Declaration and
Ordinance No. 2929 New Series of the Council of the City of Bakers-
field amending Title Seventeen of the Bakersfield Municipal Code by
changing the Land Use Zoning of that certain property in the City of
Bakersfield commonly known as 427 "A" Street, finding said zoning con-
sistent with the General Plan, were adopted by the following roll call
vote:
Ayes: Councilmen Christensen, Moore, Payne, Ratty, Rockoff,
Barton, Childs
Noes: None
Absent: None
486
Bakersfield, California, July 18, 1984 - Page 10
Adoption of Zoning Resolution No. 316
of the Council of the City of Bakers-
field denying the appeal of Junalta
and Paul Azparren from the decision of
the Board of Zoning Adjustment approv-
ing a Modification requested by Larry
and Cher Vanscoy to permit a 10 foot
high fence and to allow the reduction
of the required five foot side yard
setback on that certain property
commonly known as 144 E1 Cerrito Drive.
This resolution sets forth the decision of the Council
following the appeal hearing on this matter held June 27, 1984.
Upon a motion by Councilman Payne, Zoning Resolution No.
316 of the Council of' the City of Bakersfield denying the appeal of
Juanira and Paul Azparren from the decision of the Board of Zoning
Adjustment approving a Modification requested by Larry and Cher
Vanscoy to permit a 10 foot high fence and to allow the reduction
of the required five foot side yard setback on that certain property
commonly known as 144 E1Cerrito Drive, was adopted by the follow-
ing roll call vote:
Councilmen Christensen, Moore, Payne, Ratty, Rockoff,
Barton, Childs
None
None
Ayes
Noes
Absent:
for
tory designated as "Buena Vista No.
City of Bakersfield.
This hearing has been duly
HEARINGS
This is the time set for public hearing be:fore the Council[
hearing protests by persons owning real property within terri-
1," propsed to be annexed to the
advertised, posted, and the
property owners, all affected City, County or Districts; and LAFCO
Executive Director have been notified as required by law.
This is an uninhabited annexation containing S0+ acres
and is located at the southeast corner of Buena Vista Road and
White Lane (Fraser Road).
Mayor Shell declared the hearing open for public participa-
tion. No protests or objections bein~ received, and no one wishing
to speak in favor, the public portion of the hearing was c]osed for
Council deliberation and action.
Bakersfield, Cali£ornia, July 18, 1984 - Page ll
Upon a motion by Councilman Ratty, Resolution No. 44-84
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. 824, Annexation No. 289 (Buena Vista No. 1),
annexed to the City of Bakersfie]d, was adopted by the following
roll call vote:
Ayes: Councilmen
Christensen, Moore, Payne, Ratty, Rockoff,
Barton, Childs
Noes: None
Absent: None
This is the time set
on an Appeal by Glenna G. and George Wright Quick to the decision
of the Planning Commission denying their application to change the
zoning boundaries from an R-4 (Multiple Family Dwelling) Zone to a
C-O (Commercial and Professional Ofl'ice) or more restrictive Zone,
affecting that certain property in the City of Bakersfield commonly
known as 409-17th Street.
This hearing has been duly advertised and the property
owners notified as required by law.
The Planning Commission recommended denial of requested
zone change.
Mayor Shell declared the hearing open for public partici-
pation.
Mr. George Wright Quick, ]430 Truxtun Avenue, presented
the Council with Petitions supporting a requested zone change from
R-4 to C-O for property located at 409-17th Street. Mr. Quick
outlined the location of his property on a map for the Council and
explained his intention to move his law practice to this location.
The house has been renovated and an attempt made to return the house
to the style of home it was when it was built in 1940. His law
practice is a collection practice, in which most of his work is per-.
formed through the mail and not with clients coming to his office.
He is not a land developer and does not understand the opposition
for public hearing before the Council
488
Bakersfield, Califopnia, July 18, 1984 - Page
to moving his law practice
law practices located in
informed it was a policy
located in houses.
to this
Mr.
of the City
location. There are several
his property. He was never
that businesses could not be
Mr. Rudy Agabasian, owner of the property 250 feet behind
Quick's property stated he is supportive of Mr. Quick's project.
The project is consistent with the Redevelopment Agency Plan for
this area.
Mr. James R.
to reside and practice
he feels Mr. Quick is a good lawyer, an
a good neighbor. He also feels this is
should be allowed in this area.
Hulsey, 412 Truxtun Avenue, stated he chose
law in Bakersfield rather than a large city
honorable man and would be
the type of office that
Mr. Bud Frye stated he would like to verify some of the
statements made by Mr. Quick. He has visited Mr. Quick's law office
on numerous occasions and there is not a lot of traffic: in and out
of the office. The house on 17th St. peet has been renovated and
is beautiful. He would like to see Mr. Quick be able to move his
office to that location.
Mr. Delbert Wong spoke on behalf of his mother, Mrs.
Alice Wong, who is 83 years old. She has been a resident of Bakers--
field since 1921. She joins with her neighbors in asking the
Council to uphold the decision of the Planning Conm~ission. At
issue is the proposed disruption of a peaceful neighborhood on 17th
Street between "S" and "V" Streets, which is now 100% residential.
There are 22 homes and the First
portion of 17th Street. Most of
there for many years, are senior
Christian Church located on that
the residents have been living
citizens and of Chinese descent.
The residents do not want any commercial development in this area.
An amended petition has been filed to change the Land Use Element
of the Bakersfield General Plan on ]7th Street between "S" and
Streets to High Density Residential (R-4).
Bakersfield, California, July 18, 1984 - Page 13
489
Reverend Shelton, Minister of the First Christian Church,
stated that Mr. James Waterman was Chairman of the Board of the First
Christian Church, which also makes him the Chairman of the Congrega-
tion, at the time of his signing the petition. Mr. Waterman is not
now the Chairman.
No further protests or objections being received and no
one else wishing to speak in faw~r, Mayor Shell closed the public
portion of the hearing for Council deliberation and action.
In answer to questions by Councilman Rockoff, Planning
Director Seales stated the south side of 17th Street, in this area,
is designated as Office and the north is designated as Commercial in
the Bakersfield General Plan. The property in question is on the
south side and therefore, would be designated as O£fice in the General
Plan. The State Law requires that zoning be consisten~ with the
General Plan. In 1946, which was 20 years prior to the General Plan
this property was zoned R-4. In 1961, when the first General Plan
for the City and County was adopted~ there was a small area about
the size of the area represented by the petition submitted tonight,
asking for that area to remain High Density Residential. In 1973,
that area was changed along with several hundred other areas. Indi-
vidual property owners were not notified at that time because of
the large number. Notice was published in the Bakersfield Californian.
Councilman Ratty stated he would be very supportive of the
home owners, if this project was going to be disruptive to their
He does not believe Mr. Quick's project will be dis-
neighborhood.
ruptive.
In
answer to questions by Councilman Payne, Mr. Quick
stated he has owned the property since late Marc~, 1984~ and filed
for the zone change in late April, ]984. The house has been refur-
bished and the yard landscaped. It was his understanding from the
Planning Department when he applied, that there were no Conditional
Use Permits to allow this type of use in an R-4 Zone.
490
Bakersfield, California, July 18, 1984 - Page 14
In answer to a question by Councilman Payne, City
Attorney Oberholzer stated the way the Ordinance is written, Con-
d~tional Use Permits may be issued for any use in any zone. A
Conditional Use Permit is a permit issued with conditions. There
may be conditions that the permit is only for specific uses, or for
a specific number of years. He indicated that for Mr. Quick to
obtain a Conditional Use Permit he would have to go back to the
Planning Department with a public hearing before the Board of Zoninl~
Adjustment. The Council could not direct the Board of Zoning Adjust-
ment to issue a Conditional Use Permit. The situation is that there
is zoning inconsistent with the General Plan, and one or the other
should be changed.
In answer to a question by Councilman Christensen, Plan-
ning Director Sceales stated the residents on 17th Street submitted
a Petition to the City Council requesting the General Plan be changed
to Low Density Residential, R-1 Zoning. Those residents have since
submitted an additional Petition asking for a change to High Density
Residential, which would be consistent with the R-4.
In answer to a question by Mayor Shell, Planning Director
Sceales indicated lhat he believed Mr. Quick was going to meet the
off-street parking requirements by providing parking off the alley
at the rear of the property.
In answer to a question by Councilman Moore, Planning
Director Sceales stated there are areas, including the area being
discussed tonight, within the Redevelopment Element of the General
Plan that are designated for Commercial/Residential mix. The latest
petition by the residents for High Density Residential, R-4 would
be considered consistent with the Redevelopment Plan, since it is a
mixed residential/commercial. There is the possible problem that
there would be people living within that designated area, not only
17th Street, but some of the other
Planning Commission and Council on
piece of property evaluated on its
areas, having to come before the
a one-by-one basis to have each
own merits, whether some of these
Bakersfield, California, July 18, 1984 - Page 15
areas that are currently residential will be in fact changed to
office or commercial. There will have to be some changes, at a
later date, to the Land Use Element to be consistent with the pro-
posed Redevelopment Plan.
After a very lengthly discussion, Councilman Ratty made
a motion to overturn the decision of the Planning Commission and
uphold the appeal brought by George Wright Quick to change the zon-
ing boundaries from an R-4 (Multiple Family Dwelling)Zone to a C-O
(Commercial and Professional Office) or more restricti've Zone, affect-
ing that certain property in the
as 409-17th Street. This motion
roll call vote:
Ayes
Noes
Abstaining:
Absent:
City of Bakersfield commonly known
failed to pass by the following
Councilmen Ratty, Rockoff, Childs
Councilmen Moore, Payne, Barton, Mayor Shell
Councilman Christensen
None
Pursuant to Section ]4 of the City Charter, which states
that in case of a tie vote by the Council, the Mayor shall cast the
deciding vote, Mayor Shell voted No.
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.60.260(g)(2) of
the Bakersfield Municipal Code relating
to removal of nonconforming signs.
The existing sign ordinance requires removal of certain
signs by September l, 1984.
The sign ordinance is in a process of revision which will
effect abatement dates and establish additional requirements for
removal of certain signs.
This ordinance will extend the abatement date, for certain
signs until September l, 1985 and will provide ample time for the
revision, review, public hearings and adoption of the revised ordin-.
ance.
492
Bakersfield, California, July 18, 1984 - Page 16
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.60.260(g)(2)
of the Bakersfield Municipal Code relating to removal of
ing signs.
nonconform-
Noes: None
Absent: None
Adoption of Resolution No. 46-84 of
the Council of the City of Bakersfield
approving the entry into and author-
izing the signing of contracts with
the State Personnel Board for the per-
formance of Technical Personnel Services:.
Adoption of Resolution No. 45-84 of
the Council of the City of Bakers-
field ordering changes and modifica-
tions to work with no increase in the
total amount of the assessment, City
of Bakersfield Assessment District
No. 82-1, Stockdale Sewer Trunkline
(Resolution of Intention No. 955).
This resolution will approve additional work in the Stock.-
dale Trunkline Sewer System Construction Project that was performed
on an emergency basis by Tenneco Realty Development Corporation
(Tenneco), after the April 20, 1983, confirmation of the assessment
[or the referenced District No. 82-1. The resolution also author-
izes a $114,400 payment to Tenneco, as partial reimbursement of
their costs to complete this additional work. A detailed summary
of the additional work is provided in the Project Status Summary.
The requested payment, if authorized, would be made from unallocated
project funds on deposit in the project account; no City funds would
be used. Staff has reviewed this request for partial reimbursement
of costs for additional project work and recommends Council approval[.
Upon a motion by Councilman Ratty, Resolution No. 45-84
of the Council oF the City of Bakersfield ordering changes and mod-
ifications to work with no increase in the total amount: of the
assessment, City of BakersField Assessment District No. 82-1, Stock--
dale Sewer Trunkline (Resolution of Intention No. 955), was adopted
by the following roll call vote:
Ayes: Councilmen Christensen, M~ore, Payne, Ratty, Rockoff,
Barton, Childs
Bakersfield, Cali£ornia, July 18, 1984 - Page 17
This resolution authorizes the City Manager and the
Assistant City Manager-Personnel to eneter into and sign agreements
allowing the staff of the City of Bakers[ield to utilize, from time
to time, the various tests and other services made available by the
State Personnel Board for the selection and ranking of City employees.
Upon a motion by Councilman Christensen, Resolution No.
46-84 of the Council of the City of Bakersfield approving the entry
into and authorizing the signing of contracts with the State Personnel
Board for the performance of Technical Personnel Services, was
by the following roll call vote:
Councilmen Christensen, Moore, Payne, Ratty, Rockoff,
Barton, Childs
None
None
Ayes
Noes
Absent:
Adoption of Resolution No. 47-84 of
the Council of the City of Bakers-
field ordering the acceptance of
offer of dedication of road easement
along the west side of "H" Street
between Fairview Road and Faith
Avenue within Section 24, Township
30 South, Range 27 East, in the City
of Bakersfield.
In February of 1977 an irrevocable offer of dedication
was made to the County of Kern for a portion of the west half of "H"
Street allowing for a 55 foot half width.
This dedication provides right-of-way required for the
widening of "H" Street south of Faith Avenue.
Upon a motion by Councilman Barton, Resolution No. 47-84
of the Council of the City of Bakersfield ordering the acceptance of
offer of dedication of road easement along the west side of "H"
Street between Fairview Road and Faith Avenue within Section 24,
Township 30 South, Range 27 East, in the City of Bakersfield, was
adopted by the following roll call vote:
Ayes:
Noes
Absent:
Councilmen Christensen, Moore, Payne, Ratty,
Barton, Childs
None
Rockoff,
None
adopted
494
Bakersfield, California, July 18, 1984 - Page 118
Adoption of Resolution No. 48-84 of
the Council of the City of Bakers-
field making findings, certifying
the Final Supplemental Environmental
Impacf Report for a Modified Inter-
state Disposal Site for Wastewater
Treatment Plant No. 3, and approving
Project.
The Final Supplemental Enviornmental Impact Report
addresses an expanded site from sites studied in previously approved
Supplemental Environmental Impact Reports comprising approximately
4,710 acres of privately owned land for irrigation disposal, includ--
ing 330 acres of storage, located south of Highway 119 (Taft Highway)
and west of Interstate Highway 5. Transport will be by gravity
flow pipeline along private easements and the Buena Vista Canal
from Treatment Plant No. 3 approximately seven miles to the east.
The Planning Commission held a public hearing on the
Draft Supplemental Environmental Impact Report on June 7, 1984, and
recommended approval of the
City Council.
Upon a motion by
of the Council of the City
lying the Final Supplemental
Modified Interstate Disposal
No. 3, and approving Project,
call vote:
Ayes Councilmen
final document on July 5, ~984, to the
Councilman Moore, Resolution No.
of Bakersfield making findings,
Noes None
Absent: None
48-84
certi-
Environmental Impact Report for a
Site for Wastewater Treatment Plant
was approved by the following roll
Christensen, Moore, Payne, Ratty, Rockoff,
Barton. Childs
Reception of Certificate of Election
from Kern County Clerk o:f Results of
the Special Election for the Office
of Mayor of the City of Bakersfield,
California, held on the 5th day of
June, 1984.
Bakersfield, California, July 18, 1984 - Page 19
Results of the Election were as follows:
Total number of Registered Voters: 62,611
Total number of Votes Cast: 29,045
Total number of Votes Cast
for each Candidate:
Nancy Bailey 6,702
Thomas Anthony Payne 18,113
Upon a motion by Councilman Christensen, Certificate
of Election from Kern County Clerk of Results of the Special Election
for the Office of Mayor of the City of Bakersfield, California, helfi
5th day of June, 1984, was received and ordered placed on
on the
file.
Adoption of Resolution No. 49-84 of
the Council of the City of Bakers-
field declaring the results of Canvass
of Returns in the Special Municipal
Election for the Office of ~ayor held
on the 5th day of June, 1984.
This resolution certifies the results of the Special
Municipal Election held on June 5, 1984, and declares Thomas Anthony
Payne elected to the Office of Mayor of the City of Bakersfield for
a four-year term.
Upon a motion by Councilman Christensen, Resolution No.
49-84 of the Council of the City of Bakersfield declar~ng the results
of Canvass of Returns in the Special Municipal Election for the
Office of Mayor held on the 5th day of June 1984, was adopted by
the following roll call vote:
Councilmen Christensen, Moore, Payne, Ratty, Rockoff,
Barton, Childs
None
None
Ayes
Noes
Absent:
Approval of Cost Service Contract
between the State Personnel Board
and the City of Bakersfield.
This three-year agreement allows the staff of the City of
Bakersfield to utilize, from time to time, the various tests and
other services made available by the State Personnel Board for the
selection and ranking of City employees.
Bakersfield, California, July 18, 1984 - Page 20
Upon a motion by Councilman Moore, Cost Serw[ce Contract
Agreement between the State Personnel Board and the City of Rakers-
field, was approved and the Mayor authorized to execute.
ADJOURNMENT
There being no further business to come before the Council,
upon a motion by Councilman Christensen, the meeting was adjourned
at 9:20 P.M.
MAYOR of the i Bakersfield,
Calif.
ATTEST:
.? 1. I
/I /.~.~z.z_.~m~dA ~ /.z~ ~d~z~.
CITY CLERK and Ex Of Yicio Clerk of ihe Council
of the City of Bakersfield, California
CW
Bakersfield, California, July 24, 1984
Minutes of a budget session of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hail at 7:00 P.M., July 24, 1984.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance.
The City Clerk called the roll as follows:
Present: Mayor Shell.
Councilmen Moore, Payne, Ratty, Rockoff,
Barton, Christensen
Absent: Councilman Childs
Councilman Rockoff, Chairman of the Budget and Finance
Committee, read Report No. 19-84 regarding Operating Budget for
Fiscal Year 1984-85, as follows:
On June 15, 1984, the Preliminary Budget docu-
ment for Fiscal Year 1984-85 was submitted to
the City Council. The preliminary document
represents $48,249,840 for the Operating Budget
$18,212,810 for the Capital Improvement Budget,
and $290,835 for bond debt service. These
amounts total $66,753,485. It is important to
note that the Operating, Capital Improvement
Budget, and bond debt service are separated
into two categories in the preliminary document
General Governmental Funds
Sewer Enterprise Fund
$50,985,040
$15,768,445
Total $66,753,485
The budget format is similar to last year and
has been divided into six major service areas,
which include Management Services, Environmental
Services, Development and Transportation
Services, Public Safety Services, Recreation
and Cultural Services, and Support Services.
In addition to the Preliminary Budget, the City
Council also received requests for additional
funding from the S.P.C.A., Convention Bureau of
Greater Bakersfield, Kern Community College
District, and the Bakersfield Symphony Orchestra.
In addition to reviewing the Preliminary Budget,
this Committee met with members of the above
organizations to review their requests as well.
This Committee believes the level of service
presently being provided represents the desires
of the residents of the City of Bakersfield and
with the goal of maintaining that level of
service we reviewed, not only the estimated
expenditures for 1984-85, but the revenue esti-
mates and proposed funding as well. During our
review we were cognizant of the period of
rapid growth the City has and continues to
experience. We noted that over the past ten
2
Bakersfield, California, July 24, 1984 - Page 2
years the City's population has grown from
80,000 to more than 130,000. Not only has the
population grown, but the area in square miles
has grown from 30 square miles to approximately
80 square miles. This growth has not only
impacted the calls for service in the Fire and
Police Departments; it also places heavy
demands on all the departments throughout the
City. We believe the Preliminary Budget docu-
ment has been prepared and presented to the
City Council taking into consideration every
possible method of cost containment and revenue
enhancement; however, pursuant to our review,
we believe several recommendations to be
appropriate.
First, this Co~ittee felt it important that
the Refuse Collection Fees not exceed the fees
imposed for Fiscal Year 1983-84. The preliminary
document contained revenue estimates based upon
action originally taken by the City Council in
setting the annual charge at $34 per residential
property and various rates for commercial, based
upon type of service. This Committee is recom-
mending the Refuse Fee be set at the amounts
that were subsequently adopted by the City
Council; that being $17 per residential property
and the schedule of con~ercial charges and rates
remaining the same as is currently being applied.
The net effect of this recommendation will
reduce estimated revenue by $1,050,000.
In addition to the above proposed reduction in
revenue, th~s Committee is recommending certain
increases in proposed expenditures. Those
proposed increases total $371,000 in various
segments of the budget.
First, in meeting with representatives from the
Convention Bureau, we discussed the need of
improving the City's image; consequently, in--
creasing the possibility of Bakersfield serving
as a site for more conventions, trade shows,
and sporting events. As such, we recon~end the
City Counci~ set aside $60,000 as requested hy
the Convention Bureau. We have requested the
Convention Bureau prepare a proposal setting
forth the program they would envision necessary
to accomplish the above-stated goals. Upon
approval of the program by the City Council,
we would recommend the Council honor their
request for additional funding.
We believe it important the Convention Bureau
prepare their budgets and projections in much
the same way the City does. The Convention
Bureau has requested the City annually adjust
its contribution based upon the City's revenues
from Transient Lodging Tax (Room Tax). We
concur with their request, in theory, and
realize that successful a(~tivity of the Con-
vention Bureau will have a direct effect on
the revenues the City receives from the Room
Tax. We have directed staff to develop a
Bakersfield, California, July 24, 1984 Page 3
program with the goals in mind so such a program
may be put in place for our next and subsequent
budget years.
Consistent with the intent of the Convention
Bureau to enhance the economy of Bakersfield
with more conventions, etc., Kern Community
College District proposes to install new lights
at Memorial Stadium. As pointed out by
Chancellor Young and Carl Bowser of the College,
the new lighting will afford the College the
opportunity of attracting events into the
Stadium which are currently using other
facilities in other communities. The present
lighting is not suf£icient for nighttime
televised events. This being the case,
regional, state and national events which may
receive such media coverage are unable to use
Memorial Stadium at the present time. The cost
of the new lighting is estimated to be $160,000,
and the College has asked the City to contribute
$20,000 for this endeavor.
The Bakersfield Symphony Orchestra has requested
an increase in the City's contribution to $11,000.
The Preliminary Budget document contains $10,000
for the Symphony and this Committee recommends
the City Council approve this request for the
additional $1,000.
Also, the S.P.C.A. has requested an additional
$40,000 to assist in the funding of their
operations over the next year. Further, in
meeting with representatives from the S.P.C.A.,
we were informed of their intent to return to
the City Council in the near future with a
proposal and request that the City Council assist
them in expanding and upgrading their facility
through Capital Improvements. This Committee
recognizes the City's responsibilities with
regards to animal control in the City of Bakers-
field and we believe the request of the S.P.C.A.
:for additional operating funds to be justifiable.
However. this Committee believes a program must
be established which will insure a higher level
of conformance to the Ci~y's ordinances regarding
the licensing of animals. We have directed staff
to work toward this end and return to this
Committee so we may present recommendations to
the City Council in the near future. In the
interim, however, we believe the City Council
should favorably respond to the S.P.C.A. and
this Committee recommends that the City Council
approve additional funding of $20,000.
In the preparation of the Preliminary Budget,
departmental requests included 40 new positions
totalling an estimated $l.1 million. The requests
also included various reclassifications.
We recognize the departmental needs in ~ight of
the rapid growth we are currently experiencing;
however, without additional revenues it is not
possible to fund all of these requests. In
4
Bakersfield, California, July 24, 1984 - Page 4
reviewing the departmental requests, this
Committee did recognize certain specific needs
and would recommend the Governmental Efficiency
and Personnel Corr~ittee look favorably upon
these personnel requests. Our recommended
budget includes maintaining our current level
of maintenance on our hnilding facilities, in
addition to continuing our program of remodeling
offices throughout the City. We believe it will
be necessary to increase personnel in Genera~
Services with an additional Building Maintainer
and a Craft Worker. The current City policy
provides that maintenance o[ new neighborhood
parks and median island landscaping, etc., in
newly developing areas of the City be funded
through Maintenance District Fees. The Pre-
liminary Budget includes such Maintenance
Districts as well as a Craft Worker, Supervisor,
Trades Assistant, and Accounting Clerk in the
Parks Department to be associated with these
districts. Again, funding will be provided by
the assessment of Maintenance District Fees.
The new City/County Communications Center is
scheduled to begin operation on July 1, 1985.
The City Fire Department responds to 33% of the
total related emergencies in the metropolitan
area. Consistent with our plan, it will be
necessary for the City to bring on board five
Fire Dispatchers (1/3 of the total work force),
for approximately three months of this Fiscal
Year.
At the present time, the City's annual budget
is prepared, monitored, and administered by the
Assistant City Manager-Finance and secretarial
help. The budget and budget process is and
should be an ongoing full-time process year
round. As such, we believe it important a
Budget Analyst position be created this year.
We also recognize the need for an additional
Accountant in the Finance Department which will
be principally dedicated in the area of fixed
asset accounting and document control as required
in our financial reportJng.
In light of this Committee's recommendations
as detailed above, which include revenue
reductions and expenditure increases, it was
necessary that we make additional recommendations
on how to fund our proposed changes.
After reviewing the estimates contained in the
Preliminary Budget document, a more current
update furnished by the staff indicates several
favorable changes as detailed on Exhibit A.
Basically, Sales Tax estimates hawe been in-
creased by $530,000, the estimated fund balance
at June 30, 1984, has been increased from $0
to $390,000, and we propose to transfer into
the General Fund $300,000 from the Ag Water
Enterprise. This transfer from the Ag Water
Enterprise is consistent with prior years
practices.
Bakersfield, California, July 24, 1984 - Page 5
In addition to changes in the revenue estimates,
we have made certain recommendations for changes
in the expenditures (Exhibit B), in addition to
those itemized earlier in this report. Prin--
cipally, the major changes are a net savings in
our Street Maintenance Program in materials of
$149,745, which was achieved by the proposal
to add two employees at an estimated $70,000
and the elimination of $2]9,745 in materials
and supplies. The reduction in materials and
supplies is created by eliminating contract
purchases of such items as oil sand for the
roads, etc., and the preparation of those
materials by Public Works personnel. We are
also recommending the City Council approve the
use of Revenue Sharing Funds instead of General
Tax Funds for such one-time capital projects
such as tape editing equipment in the Police
Department; a fire-hose drying tower; various;
word processing and data processing equipment
in Building, Planning, [Executive and Support
Services; a five-year census in the Planning
Department; and various capital projects in the
facilities maintenance area.
Finally, we propose to increase the cash basis
reserve by $600,000, rather than the $700,000
as initially proposed.
Effective July 1, 1984, the City has received
a rate increase for its health insurance of
approximately 40%. In light of the increase,
we have reviewed a request from the retired
employees of the City to assist in funding a
portion of the increase for the retired employees.
During our review, we addressed several proposals
dealing with flat amounts, percentage contributions,
contributions tied to length of service prior to
retirement, and others. We understand the needs
of the retired employees; however, at this
point we are unable to recommend any increase
in the City's contributions. We have requested
City staff to work with the retirees in estab-
lishing several alternatives and return to this
Committee as soon as possible with recommendations.
This Committee would like to thank the staff
for the effort they put Forth in the preparation
of the preliminary document as well as the
effort Jn ~ssisting us in arriving at our
recommendations. In conclusion, this Committee
recommends the approval of this report and
adoption of the Operating Budget as modified
in this report (Exhibit C).
Assistant City Manager-Finance Higginbotham, with the
aid of overhead projections, explained the various schedules
attached to the Budget and Finance Committee report. Mr. ttiggin-
botham stated it is important to note. that, if it had not been
for the recent passage of State legislation, assuring the City of
some permanent financing through State subventions, it would have
6
Bakersfield, California, July 24, 1984 - Page 6
been d~fficult to balance the budget. It should also be noted
that Property Taxes represent only about 20% of funding sources in
the budget.
Upon a motion by Councilman Rockoff, Budget and Finance
Committee Report No. ]9-84 regarding Operating Budget for Fiscal
Year 1984-85, was accepted.
Mayor Shell declared the budget session open for public
participation. No one in the audience indicated a wish to speak.
Councilman Christensen stated there are 45 hotels and
motels in the City and 25 are members of the Convention Bureau. He
would like the Convention Bureau to do everything possible to
encourage the other hotels and motels to join that organization.
In answer to a question by Councilman Christensen, Mrs.
Jackie Belluomini, Director of the Convention
is a fee to join the Convention Bureau and it
number of rooms in each hotel or motel.
Bureau, stated there
is based on the
Councilman Christensen recommended that the funds
requested by Bakersfield College for installation of new lights
at Memorial Stadium be granted and the Dog License Program be
enforced or dropped.
In answer to a question by Councilman Moore, Convention
Bureau Director Jackie Belluomini stated many communities receive
half or a large portion of the Lodging Tax. The Convention Bureau
of the City of Bakersfield ~s the only Convention Bureau in the
State that .just receives a flat fee. The Bakersfield Convention
Bureau has one of the smallest budgets in the State.
Councilman Ratty stated in Committee they talked about
$1,000,000 in new positions for the City. Each year there is a
crisis in the budget due to a lack of funds for new positions.
Staff has been extremely diligent in shaving and trimming to try
to maintain a level of service with the same amount of funds over
the past few years. He informed the audience and public that if
he is on the Budget and Finance Committee next year that this
s~tuation has to change. The City keeps expanding and new position~
Bakersfield, California, July 24, 1984 - Page 7
7
are not added and something has to give.
year and the citizens should be prepared
handle increased duties in the City.
This has to change next
to hire more employees to
Mayor Shell closed the public port~on of the hearing on
the Operating Budget.
In answer to a question by Councilman ~4oore regarding
eliminating the Garbage Tax Fee in its entirety, Assistant City
Manager-Finance ttigginbotham stated it was looked at, because it
would eliminate $1,000,000 in revenues. If, for example, street
sweeping was eliminated throughout the City in the residential
areas and cut to once a week in commercial areas, it would save
approximately $500,000. To distribute those reductions; in other
areas, the Council would be looking at a $300,000 reduction in the
Police Department and a $200,000 reduction in the Fire Department.
Specific reductions were not addressed, but those are some of the
things the Council may be looking al that could be seriously
impacted.
Councilman Barton stated the Budget and Finance Committee
discussed, in generalities, alternatives that would be brought
about by a total reduction of the Garbage Tax Fees. The Committee
felt the community has accepted, or agrees, to the level of service
that they are now getting. In order to find $1,050,000 in revenue
some kind of drastic cut would have to be made.
Upon a motion by Councilman Rockoff. Budget and Finance
Committee Report No. 19-84 regarding Operating Budget for Fiscal
Year 1984-85 and recommendations contained therein, were approved.
Councilman Rockoff introduced Commissioner Gary Gordon
of Gainsville, Florida, who was present in the audience.
ttEARINGS
This is the time set for public hearing before
for hearing protests by property owners on the amount of
the fairness of the benefit formula, parcels of property
assessed or reservation by
the Council
to be
the City of its right to elect to perform
8
Bakersfield, California, July 24, 1984 - Page
work of maintenance by City forces on Maintenance District No. l,
which provides the basis for the benefit assessment for maintaining
street landscaping and irrigation systems to be borne by all
parcels or property within ~4aintenance District No. 1, generally
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 south curb line of Stockdale
Highway to the centerline of Min~ Avenue.
This hearing was duly advertised and the property owners
notified as required by law.
Director of Public Works Hawley reported that each
resolution regarding the eight Maintenance Districts contain a
report from the Public Works Director. The report includes a
proposed budget, amount of each assessment and formula used to
calculate the assessment. Each property within the eight Maintenance
D~str~cts received a notice of the hearing, along with the individual
proposed assessment. The budget for Maintenance District No. 1 is
$71,270.00, less a carryover balance from Fiscal Year 1983-84 of
$28,458.00, leaving a balance to be assessed of $42,812.00. Bids
on the contract work were opened today and they were lower than
estimated, therefore, the budget as shown in the report can be
reduced by $16,000, which will rednce the assessments to 63% of
the amount shown in the Public Works Director's Report.
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being received and no one wishing
to speak in favor, the public portion of the
Council deliberation and action.
Upon a motion by Councilman Moore,
hearing was closed for
Resolution No. 50-84
of the Council of the City of Bakersfield for Maintenance District
No. 1 approving and adopting the ]984-85 Budget (reducing the
Budget to 63% of the amount shown in the Public Works Director's
Report), levying assessments, reserving the right to perform
maintenance work by City forces and authoriz~n~ collection of
Bakersfield, California, July 24. 1984 - Page 9
9
assessments by the Kern
following roll call
Ayes Councilmen
Noes
Absent:
Council
County Tax Collector, was adopted by the
vote:
Moore, Payne, Harry, Rockoff, Barton
None
Councilmen Childs, Christensen
This is the time set for public hearing before the
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 assessment for
maintaining a public park to be borne by all parcels of property
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).
This hearing was duly advertised and the property owners
notified as required by law.
Director of Public Works Hawley reported that the budget
on Maintenance District No. 2 can be reduced to 75% of the amount
shown on the Public Works Director's Report, because Amberton Park
is under construction and it is estimated that the turf can be
seeded around September l, 1984, and maintenance will start on
October 1, 1984.
Mayor Shell declared the flearing open for public partici-
pation. 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.
Upon a motion by Councilman Moore, Resolution No. 51-84
of the Council of the City or Bakersfield for Maintenance District
No. 2 approving and adopting the 1984-85 Budget (reducing the Budge~
to 75% of the amount shown in the Public Works Director's Report),
10
Bakersfield, California, July 24, 1984 - Page
levying assessments,
work by City forces and authorizing collection of
the Kern County Tax Collector, was adopted by the
call vote:
Ayes: Councilmen
Noes: None
Absent: Councilmen
Council
reserving the right to perform maintenance
assessments by
following roll
Moore, Payne, Ratty, Rockoff, Barton
Childs, Christensen
This is the time set for public hearing before the
for hearing protests by property owners on the amount of
assessment, the fairness of the benefit ~ormula, parcells 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, extending west from the east curb line of the median strip
of Gosford Road to the west curb line o£ 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 (Campus
Park).
This hearing was duly advertised and the property owners
notified as required by law.
Director of Public Works ttawley recommended that the
budget on Maintenance District No. 3 be reduced to 83% of the
amount shown in the Public Works Director's Report.
Mayor Shell declared the hearing open for public partici-
pation. 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.
Upon a motion by Councilman Ratty, Resolution No. 52-84
of the Council of the City of Bakersfield for Maintenance District
No. 3 approving and adopting the 1984-85 Budget (reducing the BudgeL
to 83% of the amount shown in the Public Works Director's Report),
Bakersfield, California, July 24, 1984 - Page ll
11
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 Moore, Payne, Ratty, Rockoff, Barton,
Christensen
Noes: None
Absent: Councilman 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. 4, which provides the basis for the benefit assessment for
maintaining street and parkway landscaping, wa~ls, signs and parks
to be borne by all parcels of property within Maintenance District
No. 4, located in an area bounded by Ming Avenue on the north~
Arvin-Edison Canal on the east, White Lane on the south and Old
River Road on the west (The Oaks).
This hearing was duly advertised and the property owners
notified as required by law.
Director of Public Works IIawley recommended ~hat the
budget on Maintenance District No. 4 be reduced to 79% o[ the
amount shown in the Public Works Director's Report.
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being received and no one wishing
to speak in favor, the public porti~n of the hearing was closed for
Council deliberation and action.
Upon a motion by Councilman Moore, Resolution No. 53-84
of the Council of the City of Bakersfield for Maintenance District
No. 4 approving and adopting the 1984-85 Budget (reducing the Budge~
to 79% of the amount shown in the Public Works Director's Report).
levying assessments, reserving the right to perform maintenance work
by City forces and authorizing collection of assessments by the
12
Bakersfield, California, July 24, 1984 - Page 12
Kern County Tax Collector, was
vote
Ayes
Noes
Absent:
adopted by the following roll call
Councilmen Moore, Payne,
Christensen
None
Councilman Childs
This is the time set
Ratty, Rockoff, Barton,
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, located southwesterly of the intersection of Ming Avenue and
the Arvin-Edison Canal (Haggin Oaks).
This hearing was duly advertised and the property owners
notified as required by law.
Director of Pnb]ic Works Hawley recommended that the
budget on Maintenance District No. 5 be reduced to 70% of the
amount shown in the Public Works Director's Report.
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being
to speak in favor, the public portion of
Council deliberation and action.
received and no one wishing
the hearing was closed for
Upon a motion by Councilman Ratty, Resolution No. 54-84
of the Council of the City of Bakersfield for Maintenance District
No. 5 approving and adopting the 1984-85 Budget (reducing the BudgeL
to 70% of the amount shown in the Public Works Director's Report),
levying assessments, reserving the right to perform maintenance
work by City forces and authorizing collection of assessments by the
Kern
Ayes
Noes
Absent:
County Tax Collector, was adopted by the following roll call vote:
Councilmen Moore, Payne, RaLLy, Rockoff, Barton,
Christensen
None
Councilman Childs
Bakersfield, California, July 24, 1984 - Page 13
13
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 D~strict
No. 6, 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. 6, extending west from the east curb line of the median strip
of Gosford Road to the eastern boundary o[ 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 (Parkside Village South).
This hearing was duly advertised and the property owners
notified as required by law.
Public Works Director Hawley recommended that the budget
on Maintenance District No. 6 be reduced to 55% of the amount
shown in the Public Works Director's Report.
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being
to speak in favor, the public portion of
Council deliberation and action.
received and no one wishing
the hearing was closed for
Upon a motion by Councilman Moore, Resolution No. 55-84
of the Council of the City of Bakersfield for Maintenance District
No. 6 approving and adopting the 1984-85 Budget (reducing the Budget
to 55% of the amount shown in the Public Works Director's Report),
levying assessments, reserving the right to perform maintenance work
by City forces and authorizing collc~ction of assessments by the Keri3
County Tax Collector, was adopted by the
Ayes: Councilmen Moore, Payne,
Christensen
Noes: None
Absent: Councilman Childs
Ratty,
following roll[ call vote:
Rockoff, Barton,
14
Bakersfield, California, July 24, 1984 - Page 14
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 east 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 30 feet south of Ming Avenue right-
of-way to the south property line or California State College,
Bakersfield, and the north right-oF-way line of Camino Media
(Stockdale Centre).
This hearing was duly adw~rtised and the property owners
notified as required by law.
Public Works Director Hawley recommended that the budget
on Maintenance District No. 7 be reduced to 86% of the amount
shown in the Public Works Director's Report.
Mayor Shell declared the hearing open for public partici-
pation. 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.
Upon a motion by Councilman Moore, Resolution No. 56-84
of the Council of the City of Bakersfield for Maintenance District
No. 7 approving and adopting the 1984-85 Budget (reducing the Budget
to 86% of the amount shown in the Public Works Director's Report),
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
Ayes
Noes
Absent:
vote:
Councilmen Moore, Payne,
Christensen
None
Councilman Childs
Ratty, Rockoff,
Barton,
Bakersfield, California, July 24, 1984 - Page 15
15
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 r~ght 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 improw~ments to be borne by all parcels
of property within ~aintenance 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 Ker 178 of the north.
This hearing was duly advertised and the property owners
notified as required by law.
Director of Public Works ttawley reported that presently
there are no improvements existing in Maintenance District No. 8,
however, future improvements will include median island landscaping,
wall planters and a possible park. The budget for Maintenance
District No. 8 for Fiscal Year 1984-85 is zero.
Mayor Shell declared the hearing open for public partici-
pation. 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.
Upon a motion by Councilman Rockoff, Resolution No. 57-84
of the Council of the City of Bakersfield for Maintenance District
No. 8 approving and adopting the 1984-85 Budget, levying assessments,
reserving the right to perform maintenance work by City forces and
authorizing collection of assessments by Kern County Tax Collector,
was adopted by the following roll call vote:
Ayes Councilmen Moore. Payne, Ratty, Rockoff, Barton,
Noes
Absent:
Christensen
None
Councilman Childs
16
Bakersfield, California, July 24, 1984 - Page 16
recessed
25, ] 984,
RECESS
Upon a motion by Councilman Christensen, the Council
its budget session at 8:20 P.M., until Wednesday, July
at 7:00 P.M.
MAYOR of $h~
City of Bakersfield,
Calif.
ATTEST:
CITY CL~RK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, July 25, 1984
1¸7
Minutes of a budget session of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 P.M.. July 25, 1984.
The meeting was called to
by the Pledge of Allegiance.
Absent:
the Mayor
Revenue Sharing Funds for Fiscal
MANAGEMENT SERVICES:
Audit Services
*Kern Community College District-
Hemorial Stadium Lighting
order by Mayor Shell, followed
The City Clerk called the roll as follows:
Mayor Shell. Councilmen Hoore, Payne, Ratty, Rockoff,
Barton, Christensen
Councilman Childs
PUBLIC HEARING ON FEDERAL REVENUE
SHARING FUNDS.
Assistant City Manager-Finance Higginbotham presented
and Council with a report on the proposed use of Federal
Year 1984-85, as follows:
1,500
20,00t~
ENVIRONMENTAL SERVICES
21st Street Repair (Oak Street
west to Beach Pump Station)
Shalimar P.D.A. (College Avenue
& Fairfax Road Detention Basin:
Inflow & Outflow System)
Chadbourne Street Storm Drain
(Calcutta to Pacheco Greenbelt)
Hartman Avenue (Rio Bravo to Carr
Street, north on Carr Street
approximately 370' to existing
storm drain, and also north on
Haggin Street approximately 670'
to existing storm drain)
Ashe Road (South from existing
syphons on Stockdale Highway and
Ashe Road to existing storm drain
approximately 100' north of
Saunders)
"F" Street Storm Drain (Extend
storm drain 30th Street to Golden
State, modify and expand pump
station at Golden State Avenue)
Grading, Drainage System and
Leachate Collection Sump
20,000
70,000
50,000
120,000
35,000
25,000
25,000
18
Bakersfield, California, July 25, 1984 - Page 2
*Myrtle Street Storm Drain
between Brundage Lane and 200'
north of Brundage Lane
RECREATION AND CULTURAL SERVICES:
Saunders Park Improvements
(Replace service drives and walks)
Dr. Martin Luther King Park
Improvements (Softball pIanks
and concrete slabs)
Dr. ~artin Luther King Park
Improvements (Convert softbali
lighting)
Retool Auditorium (Main Building)
*Centennial Park Sump Improve-
ments, Phase I (Phase II - 85-86
$60,000)
PUBLIC SAFETY SERVICES:
Replacement of Carpet in Base-
ment of Police Building. 1601
Truxtun Avenue
Microwave Data Link for the
Computer-aided Dispatch System
Modifications and Improvements
to City of Bakersfield Radio
Communications System (PhaseII)
Purchase Kern County Fire Depart-
ment Stockdale Station
Remodel Stockdale Fire Station
including Alarm System
Equipment for Classroom Building
Olive Drive Training Facility
(50%-50% cost sharing with Kern
County Fire Department - Bakers-
field Fire Department cost shown)
Furniture for Intergraded Visual
Training System Building, Olive
Drive Training Facility (50%-50%
cost sharing with the Kern County
Fire Department - Bakersfield
Fire Department cost shown)
Formulate Architectural Plans for
development of last phase of the
development of property at the
Olive Drive Training Facility,
paving of the access road, land-
scaping, sprinkler system, extend
water system, installation of
fire hydrants, shutters on Drill
Tower and a Hose Drying Tower
$ 20,000
15,000
9,000
6,000
515,000
45,000
22,000
86,500
178,810
150,000
65,000
6,500
6,000
35,000
Bakersfield. California, July 25, 1984 - Page 3
19
Architectural Fees and con-
struction of Fire Station, Rio
Bravo Area $ 40,000
Site acquisition, Architectural
Fees and construction of
Bakersfield Fire Department Fire
Station No. 4
200,000
Architectural Fees and con-
struction of Bakersfield Fire
Department Fire Station No. 8
35.000
Equipment for Phase I and Phase
II of the Integration of the
City/County Fire Protection
Combined Dispatch System
52,000
Phase I and Phase II of the
Intergraded Visual Training
System
30,000
*Police Tape Editing EquSpment
15,000
*Fire Hose Drying Tower
15,000
*EDP Hardware & Software re City
Police/County Sheriff Joint
Project
160,000
DEVELOPMENT AND TRANSPORTATION SERVICES:
H Street & 4th Street (Traffic
signal modification)
$ 58,000
Haley Street & Niles Street
(Mastarm signal modification)
25,000
H Street & Belie Terrace
(Replace electromechanical
controllers and revise detection)
35,000
Wible Road & Wilson Road (Replace
1st general solid state centrollers
and revise detection)
Truxtun Avenue Bridge Approaches
at Union Avenue (Instail impact
attenuators or crash cushions)
40,000
20,000
H Street and Wilson Road (Replace
electromechanical controllers
and revise detection)
35,000
Gilmore Avenue widening & re-
alignment signal modification
(Pierce Road to Freeway 99)
Mission Hills Court Consl;~'uction
(Eastside of University Park)
84,000
15,000
*Five (5) Year Census
150,000
*Planning Department Word
Processing Equipment 33,900
2O
Bakersfield, California, July 25, 1984 - Page 4
*P. G. & E. Installation ef 33
additional lights in Census Tract
22
SUPPORT SERVICES:
Reroof West Wing (City Hall,
Lower Level)
Building D - Equipment
Maintenance (Install 8 electric
door openers)
Acquisition of site for
Corporation Yard Substation and
Fire Station in Rio Bravo Area
*Postage Meter and Mailing
Equipment
*Remodeling of ]st Floor City Hall
*Exterior painting o[ Civic
Auditorium
*Clean & Urethane Seal Arena Floor
*Concert Hall Ceiling & Wall Painting
*Data Processing Hardware Expansion
& Upgrade
*Word Processing Equipment City
Attorney, Finance, City Clerk
$ 3,000
8,000
10,000
120,000
8,000
20~000
65,000
32,500
25,000
75,500
60,000
$2,996,210
and removals to the proposed uses
May 3, 1984, hearing before the
*Additions
since the
Planning Commission, including recommendations
approved by the City Council on July 24, 1984.
Mayor Shell declared the meeting open for public hearing
on Revenue Sharing Funds.
In answer to a question by Mayor Shell, Assistant City
Manager-Finance Higginbotham stated the Revenue Sharing Funds are
actually allocated by the Federal Government, however, the interest
earnings on those funds are estimated. The report includes the
estimated interest earnings, as well as, estimated fund balance at
the close of Fiscal Year 1983-84, and those figures have not been
finalized.
No one in the audience indicated a wish to speak and
Mayor Shell closed the public hearing.
Bakersfield, California, July 25, 1984 - Page 5
21
In answer to a question by Mayor Shell, Assistant City
Manager-Finance HiggJnbotham stated Revenue Sharing items are
included in the Capital Improvement Budget and will be acted upon
at the same time that budget is approved.
CAPITAL IMPROVEMENT PROGRAM 1984-85
Assistant City Manager-Finance Higginbotham stated the
l0 Year Capital Improvement Program was presented to the Council
and Planning Commission several months ago. The Plannlng Commission
held a public hearing in May, 1984, and received requests ~or
Revenue Sharing Funds. The Planning Commission then forwarded all
requests to the Council, aIong with their recommendations and
findings, which, ~n essence, is the Proposed Capital Improvement
Program for Fiscal Year 1984-85 and it is consistent with the
General Plan.
The following memorandum was presented to the Council
'1.
**2.
**3.
*4.
regarding
additions to the Capital Improvement Program:
Listed below are projects being recommended For
addition to the Capital Improvement Budget.
These projects were presented to the Planning
Commission or requested by individual Council
members.
These projects were in our long range develop-
ment plans but were not included in the proposed
1984-85 program due to lack of funds.
It is recommended that these projects be placed
on a priority list and constructed if and when
funds become available through savings on
completed projects or by funds exceeding esti-
mated amounts. The projects are:
Signal Upgrade at Planz Road
and South Chester Avenue. $ 65,000
Myrtle Street Storm Drain
between Brundage Lane and 200'
north of Brundage Lane. 20,000
Centennial Park Sump Improve-
ments Phase I (Phase II 85-86
$60,000). 45,000
Sidewalk construction adjacent
to block walls in Kern City
Area, Phase I (Phase II, 85-86
$32,000). 20.000
22
Bakersfield, California, July 25, 1984 - Page 6
**5.
P. G. & E. installation of 33
additional lights in Census
Tract 22.
$ 3,000
TOTAL $153,000
*Transportation Funds
**Revenue Sharing Funds
The Council and staff reviewed the Capital Improvement
Program for Fiscal Year 1984-85 by categories, as .follows:
ENVIRONMENTAL SERVICES
A total of $21,557,000 is proposed for improve-
ments related to storm drains, sewers and
wastewater treatment for the next ten years.
Included in the wastewater treatment projects
is the proposed project to expand Wastewater
Treatment Plant No. 3 in the southwest.
RECREATION AND CULTURAL SERVICES
A total of $7,266,000 is proposed for improve-
ments related to City parks and the Civic
Auditorium for the next: ten years.
The ten-year program provides for $5.336,000
to be expended for parks. Consistent with
Council poIicy, new park sites are not being
developed with City funds.
PUBLIC SAFETY SERVICES
A total of $8,602,410 is proposed
ments related to the Public Safety
of the Police and Fire Departments
next ten years.
for improw~-
Services
over the
Included in the Fire Department improvements
are proposed costs related to the purchase of
the County Fire Station on Stockdale Highway.
This purchase is pursuant to the plan for
Fire Services unification in the Metropolitan
Bakersfield Area.
Assistant City Manager-Finance Higginbotham stated that
staff has recommended that $160,000 of Revenue Sharing Funds be
added to the budget for hardware and software for the City Police/
County Sheriff's Joint Project. This item was included in the
report on Revenue Sharing Funds.
DEVELOPMENT AND TRANSPORTATION SERVICES
A total of $38,479,000 is proposed for improve-
ments related to streets, street lighting, and
traffic signals for the next ten years.
The street-related projecis proposed are main-
tained at present service levels as was directed
by the City Council to ". .not fall behind the
current level of service. ."
Bakersfield, California, July 25, 1984 - Page 7
23
Assistant City Manager-Finance Higginbotham stated last
year the Council directed staff, if there were savings from projects
or funds available, that funds be accumulated for the grade
separation project on Mohawk Street at Truxtun Avenue. This year's
Capital Improvement Program does not contain funds for this project
because, at the present time, none are available.
SUPPORT SERVICES
A total of $283,000 is proposed for improve-
ments to City Hall and Corporation Yard for
the next ten years.
Adoption of Resolution No. 58-84 of
the Council of the Cfity of Bakers-
field approving and adopting the
Operating and Capita] Improvement
Budgets for the Fiscal Year ]984-85.
Upon a motion by Councilman Ratty, Resolution No. 58-84
of the Council of the City of Bakersfield approving and adopting
the Operating and Capital Improvement Budget for Fiscal Year 1984-85,
was adopted by the following roll call vote:
Councilmen Moore, Payne, Ratty, Rockoff, Barton,
Christensen
Ayes:
Noes: None
Absent: Councilman
Childs
ADJOURNMENT
There being no further business to come
Council, upon a motion by Councilman Christensen,
sessions were adjourned at 7:30 P.M.
before the
the budget
MAYOR of/he/City of Bakersfie]d,
ATTEST:
CITy CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
ma
Calif.
24
Bakersfield, California, August ], 1984
~inutes 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., August 1, 1984.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Chaplin Ed Meissner
of the First Assembly of God Church.
The City Clerk called the roll as [ollows:
Present: Mayor Shell. Councilmen Payne, Ratty, Rockoff, Barton,
Childs, Christensen
Absent: Councilman Moore
Mayor Shell reminded tile Council that Councilman ~oore
is absent because he is participating in a University of California
Cooperative Extension Water Task Force sponsored activity, whose
goal is to increase understanding, on a Statewide basis, water
management and related problems. His participation in this activity
was approved by the City Council.
Minutes of the regular meeting of July 18, 1984 were
approved as presented.
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from United States Environmental Protection Agency, 215 Fremont
Street, San Francisco, received July 23, 1984, submitting a Fact
Sheet for Petroleum Waste, Incorporated, Disposal Facility, Kern
County, California, regarding Draft Hazardous Waste Disposal Permit,
was received and ordered placed on [ile.
Upon a motion by Councilman Payne, communication from
Tenneco Property Corporation, dated July 27, 1984, requesting a
General Plan Amendment of approximately 615 acres located at the
northwest corner of Gosford Road and Panama Lane, immediately south
of the City Limits, was received and referred to the P[[anning Com-
mission for study and recommendation.
COUNCIL STATEMENTS
Upon a motion by Councilman Ratty, communication he receiYed
from the Society for the Prevention of Cruelty to Animals, dated
Bakersfield, California, August l, 1984 - Pa~e 2
25
July 23, 1984, regarding raising impound and dead aminal fees, was
referred to the Budget and Finance Committee for review.
Upon a motion by Councilman Ratty, the matter of Veteri-
narians collecting license fees for dogs, was referred to the
Intergovernmental Relations Committee to meet with the County of
Kern to work out a joint agreement.
REPORTS
Councilman Rockoff, Chairman of the Budget
Committee, read Report No. 20-84 regarding Cox Cable
follows:
and Finance
Franchise, as
Last year the City Council referred to the
Budget and Finance Committee the issue of
considering renegotiation of the Cox Cable
Franchise to reflect changes that have occurred
in the industry since the date the franchise
was entered in 1965. Subsequently, the City
Attorney reported that Cox Cable was deficient
in past franchise payments to the City as a
result of a court decision striking as invalid
a portion of the franchise ordinance prohibiting
"pay television."
The Budget and Finance Committee, the City
Attorney's Office, and representatives of Cox
Cable have diligently pursued the direction of
the City Council to make adjustments in the
franchise ordinance with Cox Cable. Those
efforts have resulted in a resolution that is
beneficial to the City and its residents.
Pursuant to an agreement with Cox Cable and
the proposed ordinance, the following results
have been achieved:
Cox Cable will make payments to the City
of Bakersfield, totalling $115,000 :for past
amounts due based upon the City's interpre-
tation of the franchise agreement. The
first payment will be made immediately,
and the second and final payment will be
made in April, 1985, with interest on the
unpaid amount occurring at ]0% annually,
commencing July l, 1984.
The City's future revenue will be based on
"total gross receipts," as defined in the
new ordinance, and should result in a
significant increase in payments over
previous payments.
The provision prohibiting the sale by Cox
Cable of receivers which made use of the
signals generated by Cox Cable has been
removed.
26
Bakersfield, California, August 1, 1984 - Page 3
The provision prohibiting Cox Cable from
advertising on any of its signals has been
removed. At the same time, gross revenue
received by Cox as a result of such
advertising will be subject to a 3%
franchise fee to be paid to the City.
Simultaneous broadcast restrictions have
been removed since those restrictions
have been preempted by the Federal
Communications Commission.
Cox Cable is now required to provide 35
channels of video signals throughout its
entire system.
Cox Cable is authorized, without further
Council approval, 1;o make annual rate
increases no greater than
(5%). Rate increases may
for more than two years.
over 5% per year requires
approval.
five percent
not be accumulated
Any rate increase
City Council
Franchise payment date has been adjusted
to April i of each year to be consistent
with the provisions of the Warner Cable
Franchise.
It was further agreed that no modification
would be made by either party for a period of
five years. The Committee believes that the
City's revenue will be substantially increased
by this modified agreement and is, therefore,
beneficial to agree to a five-year "no altera-
tion" policy. It should be noted that the
original agreement has not been altered for
19 years.
The Budget and Finance Co~:~ittee recommends the
City Council approve this report, consider
first reading of the ordiuance, and adopt the
resolution setting the hearing date for the
second reading and adoption of the ordinance.
Mr. Terry McNally, General ~anager of Cox Cable TV, stated,
basically, the ordinance is just being brought up to what is actually
occurring. They now have the capability of providing 35 video
channels to all subscribers, although only 27 are currently activated.
This will allow them to grow and provide additional services in the
future.
Upon a motion by Councilman Rockoff, Budget and Finance
Committee Report No. 20-84 regarding Cox Cable Franchise, was
accepted.
Bakersfield, California, August 1, 1984 - Page 4
27
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section I (f) and (j),
Section 2 (e), (f) and (g), Section
9 (a), (b) and (c), and Section 14
(a) and (b) of Ordinance No. 1552
New Series relating to Cable Tele-
vision.
Upon a motion by Councilman Rockoff, first reading was
considered given an Ordinance o[ the Council of the City of Bakers-
field amending Section 1 (f) and (j), Section 2 (e), (f) and (g),
Section 9 (a), (b) and (c), and Section 14 (a) and (b) of Ordinance
No. 1552 New Series relating to Cable Television Franchise.
Adoption of Resolution No. 59-84 of
the Council of the City of Bakers-
field regarding its intention to
modify Ordinance No. 1552 New Series
relating to the Cox Cable Television
Franchise.
Upon a motion by Councilman Rockoff, Resolution No. 59-84
of the Council of the City of Bakersfield regarding its intention
to modify Ordinance No. 1552 New Series relating to the Cox Cable
Television Franchise, setting hearing date on this matter for
September 12, 1984, was adopted by the following roll call vote:
Ayes:
Councilmen Payne, Ratty, Rockoff, Barton, Childs,
Christensen
Absent: Councilman Moore
Councilman Barton, Chairman of the Water Board, read
Report No. 1-84 regarding Kern River Plan - Proposed Element to
City and County General Plans, as follows:
The City of Bakersfield Planning Commission,
the County of Kern Planning Advisory Committee,
and the Planning Staffs of the City and County
have developed, through a series of workshops
and hearings, a proposed "Kern River Plan
Element." The proposed p]an was circulated
to Council members July 16, 1984.
The next step in the procedure to adopt this
plan as a General Plan Element is for the
County of Kern to hold a public hearing, which
is scheduled to begin Augnst 27, 1984. Upon
conclusion of the Board hearing, the matter
shall be referred to the Bakersfield City
Council for public hearing. Upon completion
of the City Council hearing, the matter shall
28
Bakersfield, California, August 1, 1984 - Page 5
be referred back to the Board of Supervisors:,
only if the City Council desires plan changes
to policies or implementation measures
affecting both jurisdictions.
The Water Board has reviewed the proposed plan.
The Commissioners and staff responsible for
the preparation of this document should be
commented for a job well done on an extremely
complex and most times controversial matter.
In reviewing the plan the Water Board has
developed a list of changes and clarifications.
It is our recommendation that this list be sent
to the Board of Supervisors, requesting those
items be incorporated into the plan as soon as
possible. It is our position that by including
these items in the plan at the County hearing,
the confusion of changes and clarifications at
a later date will be minimized.
The Water Board, in conclusion, would recommend
that this document, to follow protocol, be
referred to the IntergovernmentaI Relations
Committee to take to the Board of Supervisors.
Upon a motion by Councilman Barton, Water Board Report
No. 1-84 regarding Kern River Plan - Proposed Element to the City
and County General Plan, was accepted; and this document was
referred to the Intergovernmental Relations Committee to take to
the Kern County Board of Supervisors.
Upon a motion by Councilman Rockoff, the Water Board
was given the task of maintaining information as to the status of
the Kern River Study and that all matters concerning that issue
be brought back to the Council.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 7055 to 7241 and
42 to 142, inclusive, ~n the amount of
$849,888.22.
(b)
Claim for Damages from Russell Bartlett,
Mrs. Lena Bartlett, and their minor
children Bobby Bartl(,tt and Adam Bartlett,
Mrs. Danny DeLuna, Mrs. Lynn DeLuna and
their minor son, Russell Lynn DeLuna,
1623 13th Street, Bakersfield. (Refer
to City Attorney)
(c)
Application for Leave to Present Late
Claim for Damages from Kirk C. Bennett,
Attorney at Law, 319 West 100 South,
Suite B, Vernal, Utah, on behalf of
D. McKee and G.M.A.C. (Refer to City
Attorney)
Bakersfield, California, August l, 1984 - Page 6
29
(d)
(e)
Claim for Damages from Clem Bumes, 3221
Mesa Drive, Bakersfield. (Refer to City
Attorney)
Claim for Damages from Richard Dale Hill,
509 Beardsley Avenue, Apt. B, Bakersfield.
(Refer to City Attorney)
(f) Claim for Damages from Motel 6, Inc.~ 51
Hitchcock Way, Santa Barbara, California.
(Refer to City Attorney)
(g)
Street Right-of-Way Deed from Kenneth E.
Rhodes, providing additional dedication
on Panama Lane and Summerfield Drive as
required by the Planning Commission for
Parcel Map No. 7278, located at the north-
east corner of Panama Lane and Summerfield
Drive.
(h) Notices of Completion and Acceptance of
Work on:
Resurfacing Raley Street and University
Avenue, Contract No. 84-68 with Granite
Construction Company.
Tract No. 4649, Contract No. 84-57 with
Tenneco Realty Development Corporation,
located at Ming Avenue and Old River Road.
Tract No. 4602, Contract No. 83-179 with
Tenneco Realty Development Corporation
located at White Lane and Pin Oak Park
Boulevard.
Tract No. 4611, Contract No. 83-186 with
Tenneco Realty Development Corporation
located at White Lane and Pin Oak Park
Boulevard.
Tract No. 4626, Contract No. 84-54 with
Tenneco Realty Development Corporation
located at Park View Drive and Duncanson
Drive.
Tract No. 4627, Contract No. 84-55 with
Tenneco Realty Development Corporation
located at Park View Drive and Campus
Park Court.
Tract No. 4620, Contract No. 83-202 with
Tenneco Realty Development Corporation
located at Park View Drive and Campus
Park Drive.
Tract No. 4619, Contract No. 83-201 with
Tenneco Realty Development Corporation
located at Old River Road and Millikan
Way.
Tract No. 4594, Contract No. 83-182 with
Tenneco Realty Development Corporation
located at District Boulevard and Pin Oak
Park Boulevard.
3O
Bakersfield, California, August l, 1984 - Page
(d) ,
(e) ,
(i)
(j)
(k)
(t)
(m)
(n)
(o)
(P)
(q)
(r)
(s)
Upon
(f),
Map of Tract No. 4270, Unit A, and Improve-
ment Agreement with Park West for
construction of improvements therein,
located north of White Lane, east of
Dovewood Street.
Map of Tract No. 4503 and Improvement
Agrement with M. H. Associates for
construction of improvements therein~
located on the north side of Stockdale
Highway between Ashe Road and E1 Rio
Drive.
Map of Tract No. 4692 and Improvement
Agreement with CDA Development of
California, Inc., for construction of
improvements therein, located south of
Auburn Street, east of LaSalle Court.
Application for Encroachment Permit from
Peter P. Mosesian, 7700 E1Verano Drive,
Bakersfield, for construction of brick
paving block in the sidewalk area on "K"
Street at ]700 "K" Street. This proposal
was previously reviewed by the Design
Review Board.
Plans and Specifications for reconstructing
a portion of Harris Head between Akers and
Stine Roads.
Plans and Specifications for resurfacing
a portion of Panorama Drive between
Wenatchee Avenue and Columbus Street. and
Wenatchee Avenue between University Avenue
and Columbus Street.
Plans and Specifications for construction
of street improvements on Camino Media
between Forum Way and Haggin Oaks Boulevard.
Plans for reconstructing the Central Park
Footbridge that crosses the Kern Island
Canal.
Water Availability Fees Agreement between
the City of Bakersfield and RNR Enterprises
providing payment to the City for providing
water service to the development project:
on Tentative Parcel Map No. 6778, Lots 6
and 7.
Water Availability Fees Agreement between
the City of Bakersfield and RNR Enterprises
providing payment to the City for providing
water service to the development project
on Tentative Parcel Map No. 6778, Lots 1
through 5 and 8 through 10.
Agreement between the City of Bakersfield
and William Murphy for instruction in
Basic Computer Programming.
a motion by Councilman Rockoff, Items (a), (b), (c),
(g), (h), (i), (j), (k), (l), (m), (n), (o), (p),
Bakersfield, California, August 1, 1984 - Page 8
31
(q), (r) and (s) of the Consent Calendar, were adopted by the
following roll
Ayes:
call vote:
Councilmen Payne, Ratty,
Christensen
None
Councilman Moore
Noes
Absent
Rockoff, Barton, Childs,
Upon a motion
Myers, in the amount of
of the Quantico Avenue Storm Drain between East Brundage Lane and
Freeway 58, was accepted, all other bids rejected and the Mayor
was authorized to execute the contract.
Upon a motion by Councilman Ratty, low bid of Granite
Construction Company, in the amount of $43,815.00, for construction
of street improvements on East Brundage Lane from Quantico Avenue
westerly, was accepted, all other bids rejected and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Ratty, low bid of Treasure
Cove, Ltd., in the amount of $4,650.00 per month, for Southwest
Maintenance Districts Median Island Landscaping, was accepted,
all other bids rejected and the Mayor was authorized to execute
the contract.
Upon a motion by Councilman Ratty, low bid of Granite
Construction Company, in the amount of $259,818.00, for construction
of the 21st Street Box Culvert on the Carrier Canal, was accepted,
the other bid rejected and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Christensen, low bid of
Gilliam & Sons, in the amount of $141,350.00~ for Annual Contract
for Earth Moving and Hauling, was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Childs, low bid of Santa
Maria Tire, in the amount of $61,313.64, for Annual Contract for
ACTION ON BIDS
by Councilman Childs, low bid of J. L.
$24,357.00, for construction of an extension
32
Bakersfield, Cali£ornia, August 1, 1984 - Page 9
Tire Recapping, was accepted, the other bid rejected and the Mayor
was authorized to execute the contract.
Upon a motion by Councilman Childs, low bid of Micon,
in the amount of $146,312.86, for construction of the Shalimar
Planned Drainage Improvements, Phase I, was accepted, all other
bids rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Barton, bid o£ Moore
Recreation and Park Equipment, in the amount of $11,126.82, £or
three park shelters, was accepted.
Upon a motion by Councilman Barton, low bid of Valley
Engineers, Inc.. in the amount of $748,840.00, for Calloway River
Weir on the Kern River, was accepted, all other bids rejected and
the Mayor was authorized to execute the contract.
Upon a motion by Councilman Christensen, low bids of
Target Chemical (2 items), in the amount of $1,566.42, Omni Enter-
prises (2 items), in the amount of $7,123.20. Abate-A-Weed (2
items), in the amount of $5,859.68, and LA Chemical Company (1
item) in the amount of $7,882.]6, for Chemc~als for Water Resources
Department, were accepted and all other bids rejected.
Upon a motion by Councilman Barton, low base bid, plus
Units A and B, from J. L. Denio, in the amount of $189,940.00, for
the Sandra Drive Storm Drain System, Phase III, was accepted, all
other bids rejected and the Mayor was authorized to execute the
contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2930 New
Series of the Council of the City of
Bakersfield amending Section 17.60.260
(g) (2) of the Bakersfield Municipal
Code relating to Removal of Non-
conforming Signs.
Councilman Childs made a motion to adopt an Ordinance of
the Council of the City of Bakersfield amending Section 17.60.260
(g) (2) of the Bakersfield Municipal Code relating to Removal of
Nonconforming Signs.
Bakersfield, California, August l, 1984 - Page 10
33
Councilman Rockoff stated this matter comes before the
Council every year and a one year extension is granted. Council-
man Rockoff stated he will vote against the one year extension and
felt the subject should be addressed.
Councilman Rockoff offered a substitute motion to adopt
Ordinance No. 2930 New Series of the Council of the City of Bakers-
field amending Section 17.60.260 (g) (2) of the Bakersfield Municipal
Code relating to Removal of Nonconforming Signs, extending the
moratorium to November 30, 1984. The substitute motion was adopted
by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Barton, Childs,
Christensen
Noes: None
Absent: Councilman Moore
Adoption of Zoning Resolution No.
317 of the Conncil of the City of
Bakersfield denying Appeal of George
Wright and Glenna G. Quick from
action of Planning Commission recom-
mending against adoption of Zoning
Ordinance changing the Land Use
Zonlng of that certain property
commonly known as 409 17th Street.
This resolution sets forth the decision of the Council
following the appeal hearing on this matter held July 18, 1984.
Upon a motion by Councilman Payne, Zoning Resolution No.
317 of the Council of the City of Bakersfield denying Appeal of
George Wright and Glenna G. Quick from action of Planning Commission
recommending against adoption of Zoning Ordinance changing the Land
Use Zoning of that certain property commonly known as 409 17th
Street, was adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Payne,
Councilmen Ratty,
Councilman Moore
This is the time
Rockoff, Barton, Childs
Christensen
HEARINGS
set for public hearing before the
Council regarding termination of Franchise Agreement with Cox
Cable of Bakersfield.
34
Bakersfield, California, August 1, 1984 - Page
June 27, 1984. At the Council Meeting of June 20, 1984,
was continued until August 1, 1984.
As a result of negotiations between the Budget
This hearing was set by the Council as per a recommenda-
tion contained in a report from the City Attorney dated April 20,
1984.
At the request of Cox Cable the hearing was reset for
the hearing
and
Finance Committee and Cox Cable, the Budget and Finance Committee
is recommending cancellation of this hearing.
Upon a motion by Councilman Childs, public hearing
before the Council regarding termination of Franchise Agreement
with Cox Cable of Bakersfield was canceled.
This is the time set for public hearing before the Council
for hearing protests by persons owning real property within territory
designated as "Wible No. 5~" proposed to be annexed to the City of
Bakersfield.
This hearing has been duly advertised, posted and the
property owners, all affected City, County or Districts and LAFCO
Executive Director have been notified as required by law.
This is an uninhabited annexation containing 11.33 +
acres of land, located 702 ~ feet north of Ming Avenue adjacent
to the east right-of-way of Wible Road (GEMCO Commercial Complex).
~ayor Shell declared the hearing open for public partici-
pation. 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.
Upon a motion by Councilman Payne, Resolution No. 60-84
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. 827, Annexation No. 290 (Wible No. 5),
annexed to the City of Bakersfield, was adopted by the following
roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Barton, Childs,
Christensen
Noes: None
Absent: Councilman Moore
Bakersfield, California, August l, 1984 - Page ]2
NEW BUSINESS
Adoption of Emergency Ordinance No.
2931 New Series of the Council of
the City of Bakersfield establishing
Sewer User Charges and Fees for
Fiscal Year 1984-85.
This Emergency Ordinance establishes sewer charges,
surcharges and fees for Fiscal Year 1984-85. In previous years,
these charges and fees have been set by resolution. This hear, as
a result of Ordinance No. 2927, they must be set by ordinance. The
sewer user charges set by this ordinance are the same as those in
effect throughout Fiscal Year 1983-84. The connection fee schedule
set by this ordinance is the same as that previously set by
Resolution No. 139-83 on December 21,
Upon a motion by Councilman
No. 2931 New Series of the Council of
1983.
Ratty, Emergency Ordinance
the City of Bakersfield
establishing Sewer User Charges and Fees for Fiscal Year 1984-85,
was adopted by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Barton, Childs,
Christensen
Noes: None
Absent: Councilman Moore
Adoption of Resolution No. 61-84 of
the Council of the City of Bakers-
field providing for the collection
of Sewer Charges by the County Tax
Collector.
This resolution recites the authority for and provides
that sewer user charges for Fiscal Year 1984-85 be collected with
Property Taxes by the County Tax Collector.
used in Fiscal Year 1983-84.)
Upon a motion by Councilman Childs, Resolution No.
of the Council of the City of Bakersfield providing for the
of Sewer Charges by the County Tax Collector, was adopted by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Payne, Ratty, Rockoff, Barton,
Christensen
None
Councilman Moore
(The same procedure was
61-84
collection
Childs,
Bakersfield, California, August l, 1984 - Page 13
Adoption of Resolution No. 62-84 of
the Council of the City of Bakers-
field fixing time, date and place
for hearing report; of Building
Official specifying work done, cost
of work and description of property
upon which Dangerous Buildings have
been demolished and hearing any
protests or objections thereto.
This resolution will fix the Council Meeting of August
29, 1984, as the time, date and place for hearing the :report of the
Building Official as to work done and description of property upon
which Dangerous Buildings have been demolished and for hearing any
protests or objections thereto.
Upon a motion by Councilman Christensen, Resolution No.
62-84 of the Council of the City of Bakersfield fixing time, date
and place for hearing report of Building Official specifying work
done, cost of work and description of property upon which Dangerous
Buildings have been demolished and hearing any protests or objections
thereto, was adopted by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Barton, Childs,
Christensen
Noes: None
Absent: Councilman Moore
Adoption of Resolution No. 63-84 of
the Council of the City of Bakers-
field accepting Supplemental Grant
Deed for Canal Property from Tenneco
West, Inc., and authorizing and
approving Quitclaim of Canal Property
from City to North Kern Water Storage
District relative to right-of-way for
the Beardsley Canal.
This resolution accepts a Supplemental Grant Deed from
Tenneco West, Inc., for a portion of the right-of-way for the
Beardsley Canal and approves conveyance of that property by the
City to the North Kern Water Storage District. These conveyances
are technical refinements of the water rights and property convey-
ances between the parties in 1976.
Upon a motion by Councilman Barton, Resolution No. 63-84
of the Council of the City of Bakersfield accepting Supplemental
Bakersfield,
California, August
l, 1984 - Page 14
Grant Deed for Canal Property from Tenneco West, Inc., and
authorizing and approving Quitclaim of Canal Property from City to
North Kern Water Storage District relative to right-of-way for the
Beardsley Canal, was adopted by the following roll call vote:
Ayes Councilmen Payne, Ratty, Rockoff, Barton, Childs,
Christensen
Noes None
Absent: Councilman Moore
Approval of Grant of Easement Agree-
ment between the County of Kern and
City of Bakersfield for Hart Memorial
Park.
This agreement provides an easement to the City from the
County for electrical power to the City's First Point Metering
Structure on the Kern River.
Upon a motion by Councilman Barton. Grant of Easement
Agreement between the County of Kern and City of Bakersfield for
Hart Memorial Park, was approved and the Mayor was authorized to
execute same.
Approval of Agreement between the
County of Kern and City of Bakers-
field for street reconstruction on
South King Street.
The County proposes to reconstruct South King Street
between Brundage Lane and Virginia Street. A portion of South
King Street, immediately north of Brundage Lane, is within the
City Limits. The County agrees to include this area with their
project. The staff recommends that: the Cooperative Agreement be
approved and that the project be funded from the Miscellaneous
Street Improvement Account (Gas Tax Funds). The City's cost is
not to exceed $6,575.00.
Upon a motion by Councilman Childs, Agreement between
the County of Kern and City of Bakersfield for street reconstruction
on South King Street, was approved and the Mayor was authorized to
execute same.
Bakersfield, California, August l, 1984 - Page 15
Approval of Lease Agreement between
the Redevelopment Agency and City of
Bakersfield for the ]Sth and Eye
Streets Parking Structure.
A Lease and Reimbursement Agreement is necessary to
complete the collateralization of the original bond issue recently
transferred to the 18th and Eye Streets Parking Structure. This
must occur to insure the City's credit guarantees the operation of
the parking structure as defined in the original bonds issued in
1974.
Upon a motion by Councilman Rockoff, Lease Agreement
between the Redevelopment Agency and the City of Bakersfield for
the 18th and Eye Streets Parking Structure, was approved and the
Mayor was authorized to execute same.
Adoption of Resolution No. 64-84 of
the Council of the City of Bakers-
field providing for the collection
of Refuse Charges by the County Tax
Collector.
Councilman Ratty stated he would abstain from voting on
this resolution because he did not vote on it the last time.
Upon a motion by Councilman Rockoff, Resolution No. 64-84
of the Council of the City of Bakersfield providing for the collection
of Refuse Charges by the County Tax Collector, was adopted by the
following roll call vote:
Ayes Councilmen Payne, Rockoff, Barton, Childs, Christensen
Noes None
Absent: Councilman Moore
Abstaining: Councilman Ratty
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 7:50 P.M.
al
MAYOR of the City f · ' , if.
ATTEST:
cITY CLERK and Ex~f~l~cio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, August 15, 1984
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., August 15, 1984.
The meeting was called to order by ~!ayor Shell, rollowed
by the Pledge of Allegiance and Invocation by Mayor Shell.
The City Clerk called the roll as follows:
Present:
Absent:
Mayor Shell.
None
Minutes of
Councilmen Ratty, Rockoff, Barton, Childs.
Christensen, Moore, Payne
the budget sessions of July 24 and 25, 1984,
and regular meeting of August l, ]984, were approved as presented.
PRESENTATION BY MAYOR
Mayor Shell presented Certificates to the following
volunteers who participated in the City's First Year Cultural
Resource Historic Preservation Commission Survey:
Mike McCoy (not present)
Sharon Bush (not present)
Randy ttolbrook
Shirley McFadzean
Michael Foster
Suzan Schultz (not present)
SCttEDULED PUBLIC STATEMENTS
Ms. Dawn Saunders and Papa Smur£, representing the Ice
extended an invitation to the Mayor and Council to attend
Capsdes on Wednesday, August 22, 1984,
Capades,
the Opening Night of the Ice
at the Civic Auditorium.
Mr. Bob ttutchinson,
3400 Mr. View Road, #]83, in regards
to the ordinance on the adenda later in the meeting regarding Adult
Bookstores, expressed his concerns that this ordinance would allow
a community video store to have 257g of their stock in the Adult or
X-Rated category. He requested that it be reduced to 10% to keep
pornographic materials out of the family oriented community and
shopping centers.
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from the City of Corcoran, dated July 30. 1984, requesting support
4O
Bakersfield, California, August 15, 1984 - Page 2
of Assembly Bill 999 - Mail Ballots, was received and referred to
the Legislative Committee.
COUNCIL STATEMENTS
Councilman Payne stated staff and the development
community are experiencing numerous problems with the Site Over-
look Ordinance and made a motion that the matter be referred to
the Governmental Efficiency and Personnel Committee for study and
recommendation back to the Council. This motion was unanimously
approved.
Councilman Moore
efforts in obtaining new U.
Chambers.
thanked City Clerk Anderson for her
S. and State flags for the Council
REPORTS
Councilman Rockoff, Chairman of the Budget and Finance
Committee, read Report No. 22-S4 regarding Request of Kern County
Farmer's Market and Downtown Business Association, as follows:
Recently, the Downtown Business Association, in
conjunction with the Kern County Farmer's
Market Association requested a change in
location for the weekly Farmer's Market
produce sale. The request was to move the
produce sale from 2]st and "M" Streets to the
east side of Eye Street between 18th and 19th
Streets. The matter was referred to the Budget
and Finance Committee for study and recommenda-
tion.
This Committee met to review the request, the
concerns of this Committee, and the concerns
and issues raised by City staf[. Pursuant to
our meetings, we directed stair members to meet
with members of the DBA and the Kern County
Farmer's Market Associati(m to review all items
of concern in an attempt to reach a satis-
factory agreement for both the City and the
Farmer's Market.
Among the items discussed were:
1. Insurance and indemnification
2. Barricades and traffic control
3. Maintenance and cleanup
4. Notification of all businesses which may
be affected
5. Length of the vehicles to be used
Bakersfield, California, August 15, 1984 - Page 3
41
6. Number of vehicles permitted
7. Customer parking
8. Time of operations
9. Products to be sold
10. Term of the agreement
Also, while discussing the term of the agree-
ment between the City and the Association, we
felt it important to note the agreement will
run through October 27, 1984. As such, we
propose this arrangement to be looked at as a
"pilot program," and after the October 27 date
we will be evaluating the entire program.
Pursuant to our discussions, we have concluded
that moving the produce sale would be beneficial
and, therefore, recommend the City Council
approve the request. In order to implement the
recommendation, it will be necessary for the
City Council to approve the Emergency Ordinance,
which will amend the City Code to permit the
issuance of an Encroachment Permit for the
purpose of the Farmer's Market produce sale.
Finally, we recommend the City Council direct
the City Attorney to prepare the appropriate
agreement between the City and the Kern County
Farmer's Market Association and authorize the
Mayor to execute.
Upon a motion by Councilman Rockoff, Budget and Finance
Committee Report No. 22-84 regarding Request of Kern County Farmer'.s
Market and Downtown Business Association, was accepted.
Adoption of Emergency Ordinance No.
2932 New Series of the Council of
the City of Bakersfield amending
Section 12.44.010 of the Bakersfield
Municipal Code regarding Bus~ness
Use of Sidewalks.
Upon a motion by Councilman Rockoff, Emergency Ordinance
No. 2932 New Series of the Council of the City of Bakersfield
amending Section 12.44.010 of the Bakersfield Municipal Code
regarding Business Use of Sidewalks, was adopted by the following
roll call vote:
Ayes: Councilmen Ratty. Rockoff, Barton, Childs, Christensen,
Moore, Ratty
Noes: None
Absent: None
42
Bakersfield, California,, August 15, 1984 - Page 4
Approval of Encroachment Permit with
Kern Farmer's Market Association for
the operation of a Farmer's Market
produce sale on Eye Street between
]Sth and 19th Streets.
Upon a motion by Councilman Rockoff, Encroachment Permit
with the Kern Farmer's Market Association for the operation of a
Farmer's Market produce sane on Eye Street between 18th and 19th
Streets, was approved.
Councilman Barton, Chairman of the Growth and Develop-
ment Committee, read Report No. 9-84 regarding Downtown Improve-
ment District 1984-85 Budget, as follows:
At the request of businesses located in the
downtown area, a Business Improvement District
was established in July, 1968, and is defined
in Chapter 5.04 of the Municipal Code. The
"purpose and intent" of the businesses wishing
to establish the Business Improvement District
was to impose tax upon those businesses within
the District and to use proceeds for promotienal
activities. Also, the collection of the tax
is made at the same time and in the same manner
as the Business License Tax. In addition, the
City Code provides that the City Council haw?
sole discretion as to how the monies derived
from this tax will be used with the scope of
the purpose definod in th~ City Code.
Based upon projected revenues, a proposed
budget is prepared annually. Recently, the
City Council received and referred the Proposed
]984-85 Downtown Improvement District Budget to
this Committee for study and recommendation.
This Committee has met to review and discuss
the Proposed Budget, and we find it consistent
with the purpose and intent as set forth in the
Municipal Code. As such, we recommend the City
Council approve the 1984-85 Proposed Budget
for the Downtown Improvement District.
Upon a motion by Councilman Barton, Growth and Develop-
ment Committee Report No. 9-84 regarding Downtown Improvement
District 1984-85 Budget, was accepted; and 1984-85 Proposed Budget
for the Downtown Improvement Distrit.t, was approved.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 143 to 381,
inclusive, in the amount of $1,609,662.~13.
Bakersfield, California, August 15, 1984 - Page 5
43
(b)
(c)
(d)
(e
(f
(g
(h
(i)
(J)
(k)
(i)
(m)
Claim for Damages from Debbie Ransom, 380]
Basin Avenue, Bakersfield. (Refer to City
Attorney)
Claim for Damages and Personal Injuries
from Cecil E. Hall, 2721 Baylor Street,
Bakersfield. (Refer to City Attorney)
Claim for Damages and Personal Injuries
from Brad Earl Hicks, 1709 Frank Court.
Bakersfield. (Refer to City Attorney)
Claim for Damages from Annie R. Bradford,
P. O. Box 1855, Burlingame, California.
(Refer to City Attorney)
Claim for Damages and Personal Injuries
from John liack Barnes, 2604 Elton Avenue,
Bakersfield. (Refer to City Attorney)
Street Right-of-Way Deed from Buena Vista
Limited Partnership and Calvary Chapel of
Bakersfield, Inc., providing dedication
for portions of Buena Vista Road, Fraser
Road and Mountain Vista Drive, as required
for Lot Line Adjustment 160, located south
of Fraser Road, east of Buena Vista Road.
Sewer and Flowage Easements from Presidio
Savings & Loan Association for sewage and
drainage purposes, as required by the
Planning Commission for Parcel Map No.
6778, located south of White Lane, east
of Stine Road.
Street Right-of-Way Deed from Steven C.
Valentich providing dedication for a
portion of Denise Avenue, as required for
Lot Line Adjustment 162, located south of
Denise Avenue, east of Manor Drive.
Street Right-of-Way Deed from Jerry and
Elaine Esten, located on south side of
34th Street, approximately 270 feet west
of Union Avenue, for construction of
street improvements at the Eastside Canal.
Indenture between the City of Bakersfield
and Southern Pacific Transportation Company
providing easement to alIow City Domestic
Water pipeline crossing at Gosford Road
and Southern Pacific Railroad.
Underground Utility Easement from City of
Bakersfield to Pacific Gas and Electric
Company for construction of an underground
electric junction box which will extend
l0 feet into the Patriots Park right-of-
way. The box will be flush with ground
and will not interfere with any City
facilities.
Map of Tract No. 4705 and Improvement
Agreement with Tenneco ReaIty Development
Corporation for construction of improve-
ments therein, Iocated northerly of White
Lane between Gosford Road and Old River
Road.
44
Bakersfield, California, August 15, 1984 - Page 6
(n)
(o)
(P
(q
(r
(s)
(t)
(u)
Improvement Agreement for Parcel Map No.
6778 with Presidio Savings & Loan Associa-
tion for construction of improvements
required by the Planning Commission,
located south of White Lane, east of Stine
Road.
Improvement Agreement for Lot Line Adjust-
ment 162 with Mobiletown Company for
construction of improvements required for
Lot Line Adjustment 162, located south of
Denise Avenue, east of Manor Street.
Notice of Completion and Acceptance of
Work on furnishing and installing a deep
well turbine pump and motor for Ashe Water
Pump Plant No. 14, Contract No. 84-103
with S. A. Camp Company.
Notice of Completion and Acceptance of
Work on concrete block pumphouse for Ashe
Water Pumping Station No. 14, Contract
No. 84-105 with Omega Construction.
Notices of Completion and Acceptance of
Work on:
Resurfacing a portion of White Lane -
F.A.U. Project No. M-F 244(]), Contract
No. 84-]52 with Granite Construction
Company.
Fire Station No. 3, Saunders Park, Contract
No. 83-208 with Gen-Par Construction, Inc.
Traffic Signal System on Truxtun Avenue
at Mohawk Street, Contract No. 84-83 with
A. C. Electric.
Parcel Map No. 6452, Contract No. 82-213
with Palo Verde Investments, located at
Oswell Street and Freeway 178.
Application for Encroachment Permit from
Robert N. Rodriquez, 4800 Easton Drive,
Bakersfield, for construction of a four
foot high wrought iron fence behind side-
walk of model sales homes at 4900 through
4912 Gaylene Avenue on the west side of
the street.
Application for Encroachment Permit from
James B. and Bonnie M. Peters, 1708 Glen-
arm Court, Bakersfield, [or construction
of a 6 foot high masonry block fence
behind sidewalk on Sinclair Street at
1708 Glenarm Court. Adjacent property
owner signed a petition approving the
request.
Application for Encroachment Permit from
Bakersfield Redevelopment Agency, ]50]
Truxtun Avenue, Bakersfie]d, for con-
struction of a 14 inch by 16 foot metal
"Public Parking" sign on the 18th Street.
side of the 18th and Eye Streets Parkinz
Garage, encroaching ]4 inches into the
right-of-way. This project was reviewed
by the Design Review Board.
Bakersfield, California, August 15, 1984 - Page 7
45
(v)
Plans and Specifications for the Interim
Construction Improvements to Wastewater
Plant No. 3.
(w)
Plans and Specifications for resurfacing
a portion of Hughes Lane between Wilson
Road and Hing Avenue.
(x)
Agreement between
and Omar Dunn for
skating.
the City of Bakersfield
instruction in Roller-
(y)
Request for Approved Leave Without Pay
for Street Maintainer James King. Mr.
King is presently on a 30 day leave of
absence without pay due to Valley Fever.
He Js requesting an additional 30 day
leave, which will carry him through
September 15, 1984.
(z)
Request for Approved Leave Without Pay
for Sanitation Worker II James Morris.
Mr. Morris is presently on a 30 day leave
of absence without pay due to Heart
Surgery. He is requesting an additional
four months leave, which will carry him
through December 12, 1984.
(aa)
Application, Permit Form and Rules and
Regulations for sale of food and beverages
from portable concession vehicles in City
Parks.
(bb)
Storm Drain Easement from J. H. Develop-
ment as required for development of Parcel
Map No. 6790, located along the south side
of Truxtun Avenue, east of Mohawk Street.
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) and (bb) of
the Consent Calendar, were adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Christensen,
Moore, Payne
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Ratty, bid of Three Way
Chevrolet, in the amount of $38,992.92, for three four door sedans,
was accepted.
Upon a motion by Councilman Rockoff, low bid of James G.
Francis, in the amount of $258,477.50, for resurfacing Panorama
46
Bakersfield, California, August 15, 1984 - Page 8
Drive and Oswell
all other bids
contract.
Upon
Street, F.A.U. Project No, M-3007(6), was accepted,
rejected and the Mayor was authorized to execute the
a motion by Councilman Moore, low bids of Graybar
(2 items), in the amount of $3,567.96, and Stewart Electric (3
items), in the amount of $3,677.99, for Light Fixtures and Globes,
were accepted and all other bids rejected.
Upon a motion by Councilman Ratty, low bid of E & S
Electrical Contractors, in the amount of $3,990.00, for installation
of Vehicle Detector Loops on Oak Street at Truxtun Avenue, was
accepted, all other bids rejected and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Barton, low bid of Granite
Construction, in the amount of $99,476.00, for Calcutta Drive
Storm Drain, was accepted, all other bids rejected and the Mayor
was authorized to execute the contract.
HEARINGS
This is the time set for public
Council for the purpose of considering an
Conditional Use Permit (C.U.P. No. 4101),
hearing before the
application for a
requested by Greater
Bakersfield Memorial Hospital for construction and operation of
a Helipad at the Greater Bakersfield Memorial Hospita]~ located
north of 34th Street, east of San Dimas Street.
This hearing was duly adw~rtised and the property owners
notified as required by law.
The facility will be used for helicopter transportation
of hospital
Hospital at
month. The
would not
pation.
patients to
an average frequency of 38 operations (19
Helipad may only be used as a landing pad
be allowed other than for emergencies.
Mayor
and from Greater Bakersfield Memorial
flights) per
and maintenanoe
Shell declared the hearing open for public partici-
Bakersfield, California, August 15, 1984 - Page 9
47
Mr. Maynard Ridlon, 502 - 31st Street, stated he does
not object to the Hellpad and his first question was answered;
that the pad would be on the roof of the hospital. He is concerned
about the danger of the high voltage lines and asked why they were
not shown on the drawing.
Planning Director Sceales stated there are high voltage
lines in the area. This item has been before the F.A.A. and County
Airport Commission and the transmission lines were looked at. The
approach and takeoff patterns are parallel to those lines.
Councilman Moore stated each Councilman received a copy
of a letter from Mike Moore, District Manager of Pacific Gas and
Electric Company, that states; "The transmission lines east of
your buildings are located well out of the landing approach and
site, however, the F.A.A. may require the installation of warning
lights on one or more of these towers. If that becomes the case
the cost of installation wi]] have to be borne by the hospital."
No protests or objections being received and no one else
wishing to speak in favor, Mayor Shell closed the public portion of
the hearing for Council deliberatio13 and action.
Councilman Barton suggested that the approach and
departure patterns, as per plans on file, be made a condition on
the Conditional Use Permit. He wants to make sure that in the
future the Council does not get into a noise pollution problem
with the surrounding neighbors.
City Attorney Oberholzer stated there is a condition
on the Conditional Use Permit that will allow the Council to revoke
or amend the permit if there are complaints about noise.
In answer to a question by Councilman Childs, Mr. Herman
Riddell, Vice-President of General Services of Greater Bakersfield
Memorial Hospital, stated the building selected for the Helipad is
the primary care center built in 1968 and it was designed to carry
a rooftop heliport. This building now houses the Emergency Room.
48
Bakersfield, California, August 15, 1984 - Page 10
Councilman Ratty made a motion to approve the Negative
Declaration and Conditional Use Permit No. 4101, requested by
Greater Bakersfield Memorial Hospital for construction and operation
of a Helipad at the Greater Bakersfield Memorial Hospital, located
north of 34th Street, east of San Dimas Street; finding that the
proposed use is deemed essential or desirable to the public con-
venience and/or welfare and is
objectives of the General Plan;
conditions:
1.
in harmony with the elements and
and subject to the following
Limit average monthly activity to 38
operations (an operation consists of a
take-off or a landing).
Helipad facilities may only be used as a
landing pad. No maintenance other than
for emergencies shall occur on the site.
If the City receives what is determined to
be a significantly large number of com-
plaints related to Hellpad operations. the
City reserves the right to review and
amend or add conditions, or revoke permit
privileges.
After discussion, Councilman Ratty's motion was
by the following roll call vote:
Ayes: Councilmen Ratty,
Moore,
Noes:
Absent:
Council
written
approved
None
None
This is the
Rockoff, Barton, Childs, Christensen,
Payne
time set for public hearing before the
of the City of Bakersfield for the purpose of receiving
and oral testimony regarding Transit needs in the City of
Bakersfield.
This hearing was duly advertised and posted as required
by law.
pation.
suggested
Routes ]8
Mayor Shell declared the hearing open for public partici-
Mr. Eric Foss, resident of Southwest Bakersfield,
that Golden Empire Transit District extend the hours of
and 19 to allow people in the southwest to use the buses
Bakersfield, California, August 15, 1984 - Page ll
49
after 5:15 P.M. That area
other areas. He also suggested that
service be appointed to the Board of
District.
does not have half hour service like
someone who uses the bus
the Golden Empire Transit
Mr. Steve Ruggenberg, General Manager of Golden Empire
Transit District, stated they will begin an operations analysis in
September and they will address the questions brought up tonight
regarding level and nature of services.
No one else wishing to speak, Mayor Shell closed the
public portion of the hearing for Council deliberation and action.
Upon a motion by Councilman Ratty, Resolution No. 65-84
of the Council of the City of Bakersfield finding there are no unmet
public transportation needs which could be reasonably met, was
adopted by the following roll ca]] vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Christensen,
Moore, Payne
Noes: None
Absent: None
Upon a motion by Councilman Ratty, Resolution No. 66-8,4
of the Council of the City of Bakersfield authorizing the filing
of an Application with the Kern County Council of Governments for
allocation of Transportation Development Act Funds for Fiscal Year
was adopted by the following roll
1984-85, call vote:
Ayes: Councilmen Ratty, Rockoff, Barton. Childs, Christensen,
Moore, Payne
None
None
Councilman Rockoff,
Noes:
Absent;
Chairman of the Budget and Finance
Committee, read Report No. 21-84 regarding Request of Buena Vista
School District, as follows:
In September, 1982, the City Council adopted
an ordinance implementing the provisions of
Section 65974 of the Cali[ornia Government
Code. The ordinance authorizes the Council to
require dedication of land or fees or both, by
subdividers and builders who desire to construct
new housing developments in school districts
5O
Bakersfield, California, August 15, 1984 - Page 12
which are determined to be overcrowded. The
enactment of the ordinance was prompted by a
request of Panama Union School District for
the purpose of relieving the overcrowded
conditions in the district. Subsequent to
the adoption of the ordinance, and. as the
ordinance provides, the City Council held a
public hearing and adopted a resolution setting
forth fees imposed upon rosidentia] development
in the Panama Union School District. Earlier
this year, similar requests were received from
Rosedale and Greenfield Union School Districts.
As was done with the request for Panama the
City Council held public hearings and approved
the fees for residential development.
Recently, the City Council received a simllar
request from the Buena Vista School District.
The matter was referred to this Committee for
study and recommendation.
This Committee has met with City staff members
and staff members of the school district. Also,
we made certain that any and all affected
builders and developers were personally contacted
so they would be apprised of the request of
Buena Vista School District.
Included in our discussions was the desirability
and importance of consistency among the school
districts with regards to the various fees. We
noted that all previous requests and approved
fee structures were consistent and that the
request of Buena Vista School District was
consistent with those approved.
Prior to adoption of the necessary resolution,
the City Council must hold a public hearing on
the proposed fee and that hearing has been
noticed and scheduled for this evening, August
15, in conjunction with our reconm~endations
contained in this report.
Upon a motion by Councilman Rockoff, Budget and Finance
Committee Report No. 21-84 regarding Request of Buena Vista School'
District, was accepted.
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 Buena Vista School District in
that portion of the attendance areas of the District that are in
the City of Bakersfield, generally described as that area east of
Buena Vista Road, south of Ming Avenue, west of Old River Road and
north of Pacheco Road.
Bakersfield, California, August 15, 1984 - Page 13
51
This hearing was duly advertised, posted and all interested
parties notified as required by law.
Mayor Shell declared the hearing open for public partici-
pation. 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.
Upon a motion by Councilman Rockoff, Resolution No. 67-84
of the Council of the City of Bakersfield concurring in findings of
overcrowding, making other findings, and establishing fees in lieu
of dedication of land (interim classroom and related facilities -
Buena Vista School District; Chapter 15.70 of the Bakersfield
Municipal Code), was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Moore, Payne
Noes: None
Absent: Councilman Christensen
Mr. Steve Hartsell, representing the Board of Trustees
of the Buena Vista School District, expressed the Boards appreciati,3n
for the Council's continuing interest in the future of education
and thanked the Council for the action they took tonight.
NEW BUSINESS
Environmental Impact Report for the
Redevelopment Element of the Bakers-
field Metropolitan Area General Plan.
Councilman Ratty stated that due to a real or imaginary
conflict of interest he would not participate in this matter or the
public hearing on the Redevelopment Element of the Bakersfield
Metropolitan Area General Plan.
Economic Development Coordinator Kennon reported that
the Redevelopment Element of the General Plan is a culmination of
over three years of study and input received from various groups
and individuals. It represents a very progressive and forward look
at the economic development of the central city. One of the major
components of it is the issue of redevelopment and establishment of
guidelines and criteria. It is felt, as structured, it will promote
52
Bakersfield, California, August 15, 1984 - Page 14
growth and diversification of a much higher utilization of the
central city. It does not represent a modification of the Redevelop-
ment Plan or project area. It does not represent, nor does it have
an impact, on the use of tax increment financing for the area out-
side the project area. It does not recoznmend an implementation
tool as an expansion of the project area. It simply deals, on a
generalized basis, with establishment of policy and guidelines for
the economic development and revitalization of the central city.
It has received extensive review through public hearings on estab-
lishing goals and objectives, establishing the study area and land
use. The Planning Commission recommended approval. This is the
.final step and will become part of the General Plan of the City of
Bakersfield.
In answer to a question by Councilman Rockoflf, Economic
Development Coordinator Kennon stated the document before the
Council is intended to be a guideline that establishes policy and
will be flexible.
Councilman Rockoff stated he does not agree with the
portion of the document that suggests that Chester Avenue be
changed from a six lane to a four lane thoroughfare.
In response to Councilman Payne, Economic De'~elopment
Coordinator Kennon read a statement contained in a letter that was
sent to each Councilman, as follows:
"The City of Bakersfield would be liable for
all Police and Fire services to a proposed
addition of 16 Police Officers and related
equipment and ]6 Firemen and related equipment
with no tax revenues bein[; realized from the
proposed Redevelopment Area above the frozen
levels of today."
Mr. Woody Trescher, Bicom Corporation, responding to the
statement stated, the Environmental Impact Report has ]projected
the number of additional Police Officers, Firemen, etc., that
would be required on the full build out of the Redevelopment
Element permitted by the land use designations. The expanded area,
study area, does not convey expansion of the Redevelopment Project
Bakersfield, California, August 15, 1984 - Page 15
Area; what the project of public service demands re]ate to natural
evolution of the area to the land uses permitted. In other words,
if this area were to build out to all the uses, it does not bear a
realtionship to the City having to pay for that kind of services.
Those services are now provided and they would continue to be
financed by the same mechanisms in the futures. This does not
alter the current financing mechanism to provide those levels of
services.
Mr. Dave Wilcox, Economic Research Associates, stated he
believes the matter quoted in the letter came from the text of the
E.I.R. document. The intention is, as developed in the document,
that as the city center builds and revitalizes and new economic
activity arrives, the City will receive additional flows of funds
to the Genera] Fund, which the City relys on to pay for Police,
Fire and other services. These funds come from Sales Tax, Business
Licenses and Motel Taxes, not simply from Property Taxes, which is
the source of tax increments. Those- funds would flow into the
General Fund and the City would be able to pay for the additional
Police, Fire, Public Works and other kinds of costs in the center
city.
Councilman Christensen stated that many of the people in
the Second Ward would like the right to vote on whether or not they
want to undertake the liabilities of the proposed downtown develop-
ment.
After considerable discussion, in answer to a question by
Mayor Shell, City Attorney Oberholzer stated that before the Council
acts on the Environmental Impact Report it would be appropriate to
conduct the public hearing on the Proposed Redevelopment Element of
the General Plan. After that hearing the Council should take actiol~
on the Environmental Impact Report before the Redevelopment Element.
HEARINGS
(Continued)
This is the time set for l~ublic hearing before the
Council for the purpose of hearing any person desiring to be heard
54
Bakersfield, California, August 15. 1984 - Page 16
on the matter of the approval by the City Council of the Proposed
Redevelopment Element of the Bakersfield Metropolitan Area General
Plan.
This hearing was duly advertised.
The Planning Commission approved the Proposed Redevelop-
ment Element of the Bakersfield Metropolitan Area General Plan at
its regular meeting of July 19, 1984.
The Proposed Redevelopment Element addresses land use,
urban design, transportation (including clrculation, parking and
public transit), commercial
preservation in the central
constitutes an amendment to
rehabilitation, housing and historic
area (downtown), of Bakersfield, and
the Land Use Element and Circulation
Element of the Bakersfield Metropolitan Area Genera] Plan.
Letters have been received from the Downtown Business
Association, Greater Bakersfield Chamber of Co~rm~erce and Community
First Bank endorsing the adoption and implementation of the
Redevelopment Element.
Mayor Shell declared the hearing open for public partici-
pation.
Mr. Tom Fallgatter, Attorney, stated he owns a parcel of
property in the area that has been designated for government use
and asked what that means. The property is currently zoned M-1
and he asked what the implementation procedure would be. He also
asked if a transportation use is allowed in the government designa-
tion. The government designation concerns him as to what it can be
used for.
Economic Development Coordinator Kennon stated an area
has been indicated, based on the needs of various governmental
agencies, for a concentration of governmental uses in an efficient
manner. Other uses (office, commer~tial and retail), are also
permitted within that area, based on the guidelines of that
particular zone. Each area delineated as a specific use profile
will be individually studied and the zoning requirement of those
Bakersfield, California, August 15, 1984 - Page 17
55
Casper's
Williams
Avenue
areas established and recommended to the Planning Commission. The
Planning Commission will review it, as they do any changes in the
Zoning Ordinance, and it would then go to the Council for approval.
It would be the normal process. Transportation uses would be
permitted. That area is also designated as an area where a multi-
modal type of transportation facility could be located. There is
flexibility in the designation.
Mr. Fallgatter stated he feels, basically, it is a great
plan.
Mr. Fred McKenna, Vice-President of the Downtown Business
Association, stated they are present tonight to express support for
the adoption of the Redevelopment Element and it is a matter of
great concern to downtown business people. Many are anxious for
the City to adopt the Redevelopment Element so they can proceed
with planning their own rehabilitation projects. Mr. McKenna
presented letters endorsing the adoption of the Redevelopment
Element from the following:
Henley's Photo, Inc., 200 "H" Street
Men's Store, 1809 Chester Avenue
Red Wing Shoe Store, 2025 Chester
Globe Loan & Jewelry Co., 1124
Cal-Western Properties, 1527
Milazzo & Associates, Architects,
Avenue, Suite 120
Mr. McKenna read a
Association, dated August 14,
19th Street
]9th Street
implementation of the Redevelopment Element of the General Plan.
Mr. Bruce Keith, representing the local Golden Empire
Chapter of the American Institute of Architects, expressed their
gratitude that the Redevelopment Agency was formed a few years ago
to look into the problem of the downtown area. He congratulated
the Redevelopment Agency on the commitment they have undertaken
in preparing the document before the Council tonight. They support
1200 Truxtun
letter from the Downtown Business
1984, endorsing the adoption and
56
Bakersfield, California, August 15, 1984 - Page 18
the Redevelopment Element and stated that the Golden Empire Chapter
of A.I.A. would like to become more involved with this matter. One
of their goals, this year and in the future, is a commitment to the.
downtown area. Mr. Keith offered their professional help in the
matter.
Mrs. Martha Walters, 330l Dwight Street, expressed her
opposition to the Redevelopment Element and asked if the cost of
property proposed to be acquired by Eminent Domain and replacement
costs~ at taxpayers expense, had been totaled and if each proposed
acquisition would be appraised.
City Attorney Oberholzer stated property that is acquired
by the C~ty is appraised.
After considerable discussion, Mrs. Walters stated if any
Councilman had not read the document he should abstain from voting
on the matter and the hearing rescheduled for another time. Then,
in her opinion, the Council's disapproval of
ment Element off the General Plan is the only
in good conscience. can make.
the Proposed Redevelop-
decision the Council,
No further protests or objections being received and no
one else wishing to speak in favor, Mayor Shell closed the public
portion of the hearing for Council deliberation and action.
Councilman Rockoff stated he plans to support the motion
to approve the Redevelopment Element of the General Plan, however,
he would like the record to show that his vote does not commit him
to a four lane Chester Avenue.
Upon a motion by Councilman Moore, Environmental Impact
Report for the Redevelopment Element of the Bakersfield Metropolitan
Area General Plan, was approved by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Childs. Christensen,
Moore,
Noes: None
Absent: None
Abstaining: Councilman Ratty
Payne
Bakersfield, California, August 15, 1984 - Page
57
Upon a motion by Councilman Moore, Resolution No. 68-84
of the Council of the City of Bakersfield adopting Redevelopment
Element of the Bakersfield Metropolitan Area General Plan and
Environmental Impact Report therefor, was adopted by the following
CouncilmenRockoff, Barton, Childs, Christensen,
Moore, Payne
Noes: None
Absent: None
Abstaining: Councilman Ratty
NEW BUSINESS
(Continued)
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 5.06.010 A. of the
Bakersfield Municipal Code relating
to Definitions - Adult Bookstores.
This ordinance amends the definition of Adult Bookstores
in Section 5.06.010 A. of the Bakersfield Municipal Code to eliminate
from such definition and from the regulations of Chapter 5.06 video
cassette and disc rental and sales businesses, where such businesse:s
do not include facilities for the public to view such tapes on 'the
premises, where adult tapes are not more than twenty-five percent
(25%) of the businesses'stock, and where no other harmful matter is
sold, rented or displayed. Under the ordinance now in effect, any
video store carrying a single adult tape must obtain a license as
an Adult Bookstore.
Councilman Moore stated he endorses the recon~mendation
made by Mr. Bob Hutchinson earlier tonight and asked what necessitates
the need for any change in the existing ordinance that would require
any business selling X-Rated video to license under the provisions
of an Adult Entertainment Center.
City Attorney Oberholzer stated that when the Council
adopted the Adult Entertainment Ordinance it was specifically
designed for places that displayed merchandise and allowed people
to go in and look at video tapes. It was not designed [or video
roll call vote:
Ayes:
58
Bakersfield, California, August 15, 1984 - Page 20
rentals for home television. There are a number of those through-
out the City that have not created a problem from an enforcement
standpoint or creating blight. The video rental business has
spread throughout the community, however, they also come under the
requirements for separate distances, if they are included in the
definition of Adult Entertainment. Apparently, the video rental
businesses carry a percentage of those tapes. Since it has not
been a problem for the City it was felt it would be inappropriate
to start regulating that field. The regulations have to be
reasonable and to say they could not have any would border on
constitutional problems with respect to freedom of speech and
expression. The establishments, under the proposed ordinance,
cannot sell magazines, pictures or movies. They can only rent or
sell videos, with a 25% limitation. A 10~ limitation would be an
acceptable level to meet the constitutional requirments.
Councilman Moore made a motion that first reading be
considered given an Ordinance of the Council of the City of Bakers-
field amending Section 5.06.020 A. of the Bakersfield i!~unicipal
Code relating to Definitions - Adult Bookstores, limiting the
businesses' stock of adult tapes to 10%.
Councilman Barton stated he does not like th,e 25% or 10%
figure and offered a substitute motion that first reading be
considered given an Ordinance of the Council of the City of Bakers-
field amending Section 5.06.010 A. of the Bakersfield ~unicipal
Code relating to Definitions - Adult Bookstores, limiting the
businesses' stock of adult tapes to 1% or a total inventory of
not more tban 5 adult tapes.
City Attorney Oberholzer stated that
to 1% or 5 tapes would only invite a number of
video tapes are not displayed and these organizations, pursuant to
the ordinance, cannot have a video display booth in their establish-
ment and they cannot show the tapes. A person can only rent them.
They do not have a book to look through. If they do have books or
magazines that contain obscene or harmful matter then ~hey fall
limiting the business
lawsuits. These
Bakersfield, California, August 15, 1984 - Page 21
59
under the City's Adult Entertainment Ordinance. The calls received
in the City Attorney's Office indi~ated that 10% is a number that
would be acceptable, because it is a usual standard of the business.
One that would not essentially jeopardize their operations.
Councilman Childs made a motion to call for the question.
This motion was unanimously approved.
Councilman Barton's substitute motion that first reading
be considered given an Ordinance of the Council of the City of
Bakersfield amending Section 5.06.010 A. of the Bakersfield Muni-
cipal Code relating to Definitions - Adult Bookstores, limiting th~
businesses' stock of adult tapes to 1% or a total inventory of not
than 5 adult tapes, failed to carry by the following roll call
more
vote
Ayes
Noes
Absent:
Councilmen Barton, Moore~ Payne
Councilmen Ratty, Rockoff~ Childs~ Christensen
None
Councilman Moore's motion that first reading be considered
given an Ordinance of the Council of the City of Bakersfield amending
Section 5.06.010 A. of the Bakersfield Municipal Code relating to
Definitions - Adult Bookstores, l~miting the businesses' stock of
adult tapes to 10%, carried by the Following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Childs, Christensen, Moore,
Payne
Noes: Councilman Barton
Absent: None
Councilman Childs clarified his vote by stating he agrees
with Councilman Barton and would like to see 0% also, but in lieu
of the information given by the City Attorney he supported the 10%.
Adoption of Emergency Ordinance No.
2933 New Series of the Council of the
City of Bakersfield amending Sections
8.32.030 A. 1., 8.32.030 B. and
8.32.030 C. of the Bakersfield Muni-
cipal Code relating to Refuse
Collection Charges.
The existing Refuse Collection Ordinance contains refuse
rates in excess of those adopted by the City Council in the Flscal
6O
Bakersfield, California, August ]5, 1984 - Page 22
Year 1984-85 Budget. This Emergency Ordinance revises the
schedule of Refuse Collection Charges to specify an annual,
than monthly, rate for residential property of
and sets those charges at $17.00 per year, the
during the budget hearings.
Upon a motion by Councilman Rockoff, Emergency Ordinance
No. 2933 New Series of the Counci] of the City of Bakersfield
amending Sections 8.32.030 A. 1., 8.32.030 B. and 8.32.030 C. of
the Bakersfield Municipal Code relating to Refuse Collection Charges,
was adopted by the following roll call vote:
Councilmen Ratty, Rockoff, Barton, Childs, Christensen,
Moore, Payne
None
None
Ayes
Noes
Absent:
present
rather
four or less units
amount established
vote:
Ayes:
Noes;
Absent:
Councilmen Ratty,
Moore,
None
None
Rockoff, Barton, Childs, Christensen,
Payne
Authorization granted to staff to
submit the Community Development
Block Grant Grantee Performance
Report for 1983-84 to HUD for
review.
Adoption of Resolution No. 69-84 of
the Council of the City of Bakers-
field providing for the collection
of Refuse Charges by the County Tax
Collector.
This resolution provides for the collection by the County
with Property Taxes of Refuse Charges for residential property
pursuant to rates set by the preceding Emergency Ordinance.
Resolution No. 64-84, which specified the charges as provided in
an earlier ordinance, is repealed.
Upon a motion by Councilman Rockoff, Resolution No. 69-84
of the Council of the City of Bakersfield providing for the
collection of Refuse Charges by the County Tax Collector and re-
pealing Resolution No. 64-84, was adopted by the following roll
Bakersfield, California, August 15, 1984 - Page 23
61
Pursuant to Section 104(d) of the Housing and Community
Development Act of 1974, each jurisdiction receiving Community
Development Block Grant Funds must report to HUD on the progress
of activities funded for the past program year. This report is due
to HUD by August 31, 1984.
Upon a motion by Councilman Barton, staff was authorized
to submit Community Development Block Grant Grantee Performance
Report for 1983-84 to HUD for review.
Authorization granted to staff to
submit the Jobs Bill Grantee Perform-
ance Report for ~983-84 to RUD for
review.
A condition of the Jobs Bill Program funding requires
that Entitlement Cities submit a Grantee Performance Report to the
Department of Housing and Urban Development on the Jobs Bill funded
activities. This report is due to HUD by August 31, 1984.
Upon a motion by Councilman Christensen, staff was
authorized to submit Jobs Bill Grantee Performance Report for
1983-84 to HUD for review.
Agreement between the County of Kern
and City of Bakersfield for street
reconstruction on Wilson Road between
Akers and Stine Roads.
The County proposes to reconstruct Wilson Road between
Akers and Stine Roads. A small portion of W~lson Road is within
the City Limits. The County agrees to include this area with their
project. The staff recommends that the Cooperative Agreement be
approved and that the project be funded from the ~aintenance
Street Improvement Account (Gas Tax Funds). The City's cost is not
to exceed $1,700.00.
Upon a motion by Councilman Ratty, Agreement between the
County of Kern and City of BakersfEeld for street reconstruction
on Wiison Road between Akers and Stine Roads, was approved and the
Mayor was authorized to execute same.
62
Bakersfield, California August 15, 1984 - Page 24
CLOSED SESSION
Upon a motion by Councilman Christensen, the Council
recessed to a Closed Session at 110:05 P.M. to discuss Litigation.
The regular meeting was reconvened at 10:29 P.M.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 10:30 P.M.
?
MAYOR of th?~City of Bakersfield, Calif.
ATTEST:
CITY (CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, August 29, 1984
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., August 29, 1984.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Reverend David Arkins
of the Wesley United Methodist Church.
Absent:
The City Clerk called the
Mayor Shell.
roll as follows:
Councilmen Rockoff, Barton, Childs,
Christensen, Moore, Payne,
None
Minutes ef Regular Meeting ef August
as presented.
Ratty
15, 198.1, were approved
SCHEDULED PUBLIC STATEMENTS
Mr. Chris Parke, 3116 Edmonton Avenue, Apartment A, thanked
Mayor Shell and the Council for supporting his wheelchair challenge
from Bakersfield to Sacramento and back to Bakersfield, a 644 mile
trip, to begin on September 10, ]984. The funds will be placed to
benefit the National Association for people with disabilities, a local
charity doing good work for people in our community.
Mayor Shell read the Proclamation proclaiming September 10,
1984, as "Chris Parke Day", and congratulated and thanked him for
coming before the Council.
Mr. Mark Dickerson, 5404 Krista Street, expressed his con--
cerns regarding the railroad crossings on Stine Road, south of Whfte
Lane and north of Pacheco Road; on Wible Road, north of Pacheco and
south of ~Vhite Lane; and proposed traffic signal at Marella Way and
California Avenue. He suggested establishing a procedure using a log
for handling complaints to the City.
Upon a motion by Councilman Childs, Mr. Dickersoh's con-
cerns regarding traffic issues were referred to the Traffic Authority.
64
Bakersfield, California, August 29, 1984 - Page 2
CORRESPONDENCE
Upon a motion by Councilman Moore, communication from
Kern High School District, 2000 Twenty-Fourth Street, dated August
15, 1984, regarding notification of available school district
property For sale was received and the City Clerk instructed to
notify the Kern High School District that the City would not submit
an offer for the property.
COUNCIL STATEMENTS
Councilman Moore stated he read an article in the Bakers-
field Californian which indicated fifteen members of the Bakersfield
Police Department would be making a 150 mile relay from Morro Rock
to the Kern County Fair Grounds beginning September 2 and finishing
September 3, 1984, in an ef[ort to raise money for Muscular Dystrophy.
tie congratulated and commended Chic[ Price's Departmen~ for their
interest in such an event.
Councilman
tee, read Report No.
Rockoff,
REPORTS
Chairman of Budget and Finance Commit.-
23-84 regarding Waiver of Business License Fees
for Arts and Crafts Fairs, as follows:
The Kern County Public Employees Association,
SEIU Local 700, submitted a request dated June
27, 1984, to the City Council regarding waiw~r
o[' business license fees l'or an arts and crafts
fair. The matter was referred to the Budget
and Finance Committee for review and recommendation.
The existing ordinance provides no methods for
,~aiving the business license fee. It is also
a mandatory requirement that all persons doing
business in the City of Bakers[ield must obtain
a business ~icense.
The committee concluded that neither of these
requirements should be altered. However, since
arts and crafts fairs are normally of limited
duration, the committee is of the opinion that
an annual business license should not be a
requirement ~mposed upon such events.
In order to provide a realistic fee for these
events, the attached ordinance is recommended
for adoption which provides for a minimum fee
of $25 and a maximum Ice of $100 to cover all
business Iicenses of persons participating in
arts and crafts fairs that do not last longer
than five days.
Bakersfield, California, August 29, 1984 - Page 3
65
Upon a motion by Councilman Rockoff, Budget and Finance
Committee Report No. 23-84 regarding Waiver of Business License
Fees for Arts and Crafts Fairs, was accepted.
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Class No. 92 to Section 5.02.
300 of the Bakersfield Municipal Code
regarding Flat Rate Business Tax for
Arts and Crafts Fairs.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Class No. 92 to Section 5.
02.300 of the Bakersfield Municipal Code regarding Flat Rate Busin-
ess Tax for Arts and Crafts Fairs.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 382 to 754, inclusive,
in the amount of $1,240,618.09.
(b)
Claim for Damages from Leonard Keith Mayhue,
6913 Natchitoches Way, Bakersfield. Refer
City Attorney)
to
(c)
Claim for Damages and Persona] Injuries from
Joseph L. Coley, 2703 Center Street, Bakers-
field. (Refer to City Attorney)
(d)
Claim for Damages from Karo] Kidd DeCastro,
200 E1 Tovar Court, Bakersfield. (Refer to
City Attorney)
(e)
Public Utilities Easement from Tenneco Realty
Development Corpora[ion. providing an easement
as required for Tract~ No. 4601, located easterly
of Old River Road and north of Southern Pacific
Railroad.
(f)
Grant Deed from Dan B. Speare Broadcasting
Enterprises, Inc., providing a Grant Deed for
a drainage retention basin as required by the
Planning Commission ['or Tract No. 5716,
located south of Pacbeco Road, east of Akers
Road.
(g)
Agreement to rescind existing Improvement
Agreement No. 82-212 between the C~ty of
Bakersfield and Bartart Northern California,
Inc. Improvement Agreement No. 82-212 for
Tract No. 4635 can be rescinded because the
property has been resubdivided under Tract
No. 4618 and a new Improvement Agreement for
this Tract has been approved by Council.
G6
Bakersfield, California, August 29, 1984 - Page 4
(h)
(i)
(J)
(k)
(1)
(m)
(n)
(o)
(p)
(q)
Improvement Agreement for Street Improw~ments
with B & D Properties as required for Site
Plan Review No. 426-C, located at 3204 Gulf
Street, at the northwest corner of Gulf Street
and proposed Arrow Street.
Notices of Completion and Acceptance of Work
on:
Traffic Signal System at White Lane and Akers
Road, White Lane and Ashe Road, Planz Road
and Wible Road, Contract No. 84-21, with
E & S Electrical Contractors.
Repair work on secondary digester at Waste-
water Treatment Plant No. 2, Contract No. 84-69,
with Contronics, Incorporated.
Brundage Lane Water Main Extension (Westminster
Project), Contract No. 84-59, with California
Water Service Company.
Resurfacing Pierce Road, Rosedale Highway to
Calloway Canal, Contract No. 84-]88, with
Granite Construction Company.
Fallbrook Street Storm Drain, Contract No.
84-137, with Kenneth T. Endes.
Application for Encroachment Permit from Saint
John Manor Housing Corporation, for construc-
tion oF a 2 foot 6 inch high monument style
identification sign l'or St. John Manor elderly
housing, located within the right-of-way, 4
feet behind the sidewalk at 900 4th Street.
Plans and Specifications for extending a pipe
culvert, providing [or the widening of
Pacheco Road and Branch 1 of the Kern Island
Canal.
Plans and Specifications for realignJng a
portion of the Kern Island Canal and construc-
ting a bridge at Panama Lane.
Plans and Specifications for extension of
an existing reinforced concrete culvert on
Planz Road at the Kern Island Canal.
Plans and Specifications for construction
of Canal Culvert and Street Widening on
Harris Road near Wib]e Road.
Plans and Specifications for Union Avenue
Culvert Extension at Eastside Canal.
Plans and Specifications for Centennial
Park Sump Improvements, Phase I.
Contract Change Order No. 1 to Contract
No. 84-59 with W.M. Lyles Company for
work on the Westminister Ceramics Project,
2201 East Brundage Lane. This Change
Order is necessary io correct unstable soil
along the right-of-way for the on site water
line, for th~s project.
Bakersfield, California, August 29, 198~ - Page 5
67
(r)
Supplemental Agreement to the Master
Agreement for Federal Aid Project on
Planz Road, from South Chester Avenue
to Union Avenue. This supplement sets
the terms and conditions for Federal
participation on this project.
(s)
Agreement with Optimal Data Corporation
for collection of Parking Citation Bail
Forfeitures and performance of related
functions (recommended by Budget and
Finance Committee Ref~ort No. 7-84 and
accepted by Council on June 27, 1984).
(t)
Agreement between the City of Bakers-
field and Bakersfield City School Dis-
trict for conducting and maintaining
a program of planning and supervising
a recreational activity pursuant to
Education Code.
(u)
Agreement between tho City of Bakers-
field and Judy Morris for instruction
in Stain and Lead Glass.
(v)
Agreement between the City of Bakers-
field and Carmen Lesson for instruction
in Po]ynesian Dances.
(w)
Agreement between the City of Bakers-
field and Gail Mahan for instruction
in Sign Language.
(x)
Request for Leave of Absence Without Pay
for Police Department Telecon~unicator
Carol Ann Smith. Mrs. Smith is presently
on a 30-day Leave of Absence without pay,
for maternity reasons, which will term-
inate on August 22, 1984. She is
requesting an additional 39-day Leave of
Absence, which will carry her to
October 1, 1984.
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) of the Consent Calendar
were approved by the following roll call vote:
Ayes:
Councilmen Rockoff, Barton, Childs, Christensen, Moore,
Payne, Ratty
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Moore, low bid of Granite
Construction Company, in the amount of $63,]70.00, for construction
of street improvements on Camino Media between Forum Way and Maggin
68
Bakersfield, California, August 29, ~984 - Page 6
Oaks Boulevard, was accepted, all other bids rejected, and the
Mayor authorized to execute the contract.
Upon a motion by Councilman Ratty, low bid of W. M.
Lyles Company, in the amount of $73,881.00, for construction of
Water Mainline on Carrier Canal near Truxtun Avenue, Partridge
Avenue and Quailridge Drive - Phase I, was accepted, the other bid
rejected, and the Mayor authorized to execute the contract.
Upon a motion by Councilman Christensen, usual bidding
requirements were dispensed with, in accordance with Section 3.20.
60 of the Municipal Code, and the Finance Operations Manager was
authorized to negotiate a price, within the amount budgeted, for
five used cars for Surveillance Work.
Upon a motion by Councilman
American Fence Company, in the amount
Christensen, low bid of
of $24,856.00, for construction
of Chain Link Fencing on Carrier Canal from Waste Gate to Manor
Street, was accepted, the other bid rejected, and the Mayor author-
ized to execute the contract.
Upon a motion by Councilman Moore, low bid of S. A. Camp
Pump Company, in the amount of $49,104.80, for drilling, casing and
pump testing Ashe Water Well No. 15, was accepted, the other bid
rejected, and the Hayor authorized to execute the contract.
Upon a motion by Councilman Childs, low bid of Communica-
tion Enterprises, Inc., in the amount of $14,472.00, for mobile
radios, was accepted and the other bid rejected.
Upon a motion by Councilman Rockoff, low bid of Granite
Construction Company, in the amount of $150,769.00, for resurfacing
Panorama Drive between Wenatchee Avenue and Columbus Street and
Wenatchee Avenue between
accepted, all other bids
execute the contract.
Columbus Street and University Avenue, was
rejected, and the Mayor authorized to
Bakersfield, California, August 29. 198~ - Page 7
69
Upon a motioi~ by Counci]man Payne, low bid of James G.
Francis, in the amount of $70,300.00, for reconstructing a portion
of Harris Road between Akers Road and Stine Road, was accepted, all
other bids rejected, and the Mayor authorized to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2934 New
Series of the Council of the City
of Bakersfield amending Section 5.06.
010 A. of the Bakersfield Municipal
Code relating to Definitions - Adult
Bookstores.
Upon a motion by Councilman Moore, Ordinance No. 2934 New
Series of the Council of the City ol' Bakersfield amending Section
5.06.010 A. of the Bakersfield Municipal Code relating to Definitions
- Adult Bookstores, was adopted by the following roll call vote:
Councilmen Rockoff, Barton, Childs, Christensen, Moore,
Payne, Ratty
Ayes:
Noes: None
Absent: None
Deferral of action on an Ordinance
of the Council of the City of Bakers-
field amending Section 17.53.051 of
the Bakersfield Municipal Code relative
to Site Plan Review Policies and
Objectives.
This ordinance was given first reading at the meeting of
January 11, 1984. Action was deferred from the meetings of March 14,
and 2S, 198'4, April 25, 1984, and June 27, 19S4.
This ordinance is under study by the Growth and Develop-
ment Committee. A meeting was held with developers and interested
groups on Tuesday, June 26, 19S4, and a Committee recommendation will
be forthcoming.
Upon a motion by Councilman Barton, action on an Ordinance
of the Council of the City of Bakersfield amending Section 17.53.051
of the Bakersfield Municipal Code relative to Site Plan Review
Policies and Objectives, was deferred until the Council Meeting of
October 3, 1984, by the following roll call vote:
Ayes
Noes
Absent:
Councilmen Rockoff, Barton, Childs,
Payne, Ratty
None
Christensen, Moore,
None
7O
Bakersfield, California, August 29, 1984 - Page 8
HEARINGS
This is the time set for public hearing before the Council
on an Appeal by Nybo and Walker Engineering on behalf of Mooney's
Rentals to the decision of the Planning Commission regarding condi-
tions set on Tentative Parcel Map No. 7305, affecting those certain
properties in the City of Bakersfield located in North Central Bakers-
field on the north side of Riverside Drive, 185 feet east of Pierce
Road.
This hearing was duly advertised and the property owners
notified as required by law.
A letter has been received from Sill Properties, Inc.,
300S Sil]ect Avenue, Suite 100, dated July 24, 1984, expressing their
objections to the alignment of an i~gress-egress street from River-
side Drive northerly through Parcels Two and Three and terminating
at their west property line.
Mayor Shell declared the hearing open for public participa-
tion.
Mr. Charles Duncan, 2100 "H" Street, stated Mooney's
Rentals is appealing Paragraphs 5 and 8 of the Conditions required
by the City's Traffic Engineer, outlined in a Staff Report dated
July 5, 1984. He stated [~ooney's Rentals is opposing tlhe requirement
to build a street 60 feet wide and 500 feet long that goes nowhere
and feels there is no justification to require such a condition.
Mr. Kenneth Hastings, Counsel for Mooney's Rentals, stated
he feels the City's main concern has been traffic at the intersection
of 24th Street and Pierce Road. He feels that until the adjoining
property is developed and those property owners deal with access,
Mooney's Rentals should not be required to build a road that will
go nowhere and, infact, does not solve the traffic problem.
Mr. Ralph Barrett, Developer for Laquinta Motor Inns,
briefly described his company indicating they are a standard business-
man's motel, with 150 motor inns coast to coast and border to border.
Bakersfield, California, August 29, 1984 - Page 9
71
The Laquinta Motor Inn will be one of the many significant employers
in Bakersfield. In addition to sales taxes in the restaurant, the
motel will generate approximately $96,000 in the first year in room
taxes and approximately $120,000 in the third year. The issues of
concern, as contingent buyers of the property, is the recommended
location of the fire lane and public easement through the property.
The Traffic Engineer's recommendation that the fire lane double as
an access easement te the public, means dedication of that easement
to the public. Because of security reasons, Laquinta Motor Inns does
not wish to have the public using the parking lot as a street. If
the street is dedicated, the property will be too small, and therefore,
there will not be a Laquinta Inn at that location.
Mr. Hugh Sill, Sill Properties, owners of adjoining property,
explained the history of development of the area and stated he is
opposed to the required street construction.
Public Works Director Hawley stated that ~n the original
recommendation from the Public Works Department, for Parcel Map No.
7305, it was recommended that a secondary access be provided by means
of a full street between Riverside Drive and Sillect Avenue, to serve
Parcels l, 2 and 3, property to the east, and property on the east
side of the canal. There have been 90 accidents in this area, duril~g
the 20-month period since 1983. There is currently an E-Z 8 Motel on
Riverside Drive, a proposed motel and restaurant, plus additional
undeveloped property to the east which will all be using Riverside
Drive.
Fire and Development Services Director Needham stated a
24-foot access easement is necessary for emergency fire and police
equipment and also emergency ingress and egress for people using the
property. The City requested locating the 24-foot easement along the
north side of the property to try Eo locate it as far away from Riw~r-
side Drive as possible so it would qualify as a second means of ingress
and egress for safety reasons. This area has not been planned well
and it is especially important, if the street is not built, to
locate the easement as far from Riverside Drive as possible.
Bakersfield, California, August 29, 1984 - Page 10
Mr. Charles Duncan stated there is a 30-foot easement run-
ning along the side o[' the Country Store, which could be located
further north. He further stated he has a contractual agreement
with Laquinta Motor Inns for permanent access to Pierce Road.
Fire and Development Services Director Needham stated
the 30-foot easement does need to be located from Pierce Road east
to Parcel Three, for ingress and egress.
Mr. Ralph Barrett stated Laquinta Motor Inns does not
wish to have a public easement on their property serving Parcel
Three, except on a temporary basis. There is a 30-foot access ease-
ment serving Parcel Three from Riverside Drive.
Fire and Development Services Director Needham stated his
concern is for the safety of the people using the area. One means
of ingress and egress to Riverside Drive is not adequate and safe.
Mr. Michael Sill referred to a letter from Sill Properties
to the Council dated July 24, 1984. He stated that if Sill Properties
]s left with the configuration as presented by Staff, the property
would not only be diminished in economic value, but also a configura-
tion of such that would leave Sill Properties with a very undesirable
piece of property for further dewelopment. The existing easement
areas, for sewer and gas pipeline, existing on the easterly side of
the property next to the Cross Valley Canal, must be utilized for
ingress and egress from their property. If this proposed restriction
leaves Sill Properties with an odd-ball piece of property on the
northeasterly side of the indicated Parcel Three, it would preclude
any development on Sill Properties behalf, and therefore, preclude
any configuration which would
Avenue.
No further protests
one else wishing to speak in favor, l~ayor Shell
portion of the hearing for Council deliberation
allow a road to go through to Sillect
or objections being received and no
closed the public
and action.
Bakersfield, California. August 29. 1984 - Page
73
In answer to a question by Councilman Moore,
Works Director Hawley stated the road between Sillect
Drive should be constructed at the time Parcel Two is
Public
and Riverside
developed.
The original recommeldation of the Public Works Department was that
the access road go from Riverside to Sillect.
In answer to a question by Councilman Moore, Fire and
Development Services Director Needham stated that the road, as
planned, will go between Sillect Avenue and Riverside Drive. In the
interim period, a second means o1' ingress and egress would be necessary,
which would be the easement being discussed tonight. In order to
insure that the second means of access will be there, it has to be
done at the time of the parceling.
In answer to a question by Councilman Ratty, Fire and
Development Services Director Needham stated the 30-foot access ease-
ment would be acceptable as a second means of emer~ency ingress and
egress, if the easement extended from Pierce Road east to Parcel
Three. This access easement must be a recorded easement.
Mr. Charles Duncan stated Covenants, Conditions and Restric-
tions that describe a common area access through Parcels One, Two
and the Country Store will be recorded.
In answer to a question by Fire and Development Services
Director Needham. Mr. Ralph Barrett stated for the public record,
that the common area in Parcel Two would be available as emergency
ingress and egress to Parcel Three.
After a very lengthly discussion, Councilman Ratty made
a motion that the appeal by Nybo and Walker Engineering, on behalf
of Mooney's Rentals to the decision of the Planning Commission
regarding Conditions set on Tentative Parcel Map 7305. affecting those
certain properties in the City of Bakersfield located in North Central
Bakersfield on the north side of Riverside Drive, 1S5 i'eet east of
Pierce Road, was upheld, with the conditions that a riEht-of-way be
dedicated and recorded prior to the recordation of the parcel map
and that it be reviewed by staff pr~or to recording.
74
Bakersfield, California, August 29, 1984 - Page 12
In answer to a question by Councilman Barton, City
Attorney Oberholzer stated, Covenants, Conditions and Restrictions
can be changed without the concurrence of the City, so whatever
method is used, the Staff will insure that there cannot be a change
without the concurrence of the City, to insure that emergency vehicles
will have access at all times.
Upon a motion by Councilman Ratty, appeal by Nybo and
Walker Engineering, on behalf of Mooney's Rentals, to the decision
of the Planning Commission regarding Conditions set on Tentative
Parcel Map 7305, affecting those certain properties in the City of
Bakersfield, located in North Central Bakersfield on the north side
of Riverside Drive, 185 feet east of Pierce Road, was upheld with the
conditions that a right-of-way be dedicated and recorded prior to
the recordation of the parcel map and that it be reviewed by staff
prior to recordation, was adopted by the following roll call vote:
Ayes: Councilmen Barton, Childs, Christensen, Moore, Payne, Ratty
Noes: Councilman Rockff
Absent: None
Councilman Christensen made a motion to recess the Council
Meeting for fifteen minutes. The motion failed to carry by the
following roll call vote:
Ayes: Councilman Childs
Noes: Councilmen Rockoff, Barton, Moore, Payne, Ratty
Absent: Councilman Christensen
This is the time set for public hearing before the Council
for the purpose of hearing a request by property owners within Foun-
tain Springs Estates that the provisions of the California Vehicle
Code be made applicable to the private streets within Tract No. 3891,
commonly known as Crystal Drive, Silver Road, Deercreek Lane, Fern
Brook Way, Crystal Fall, Blue Fountain Drive, Cedarbrook Lane, Pine
Springs Way, Silver Spring Lane, Fountain View Way and Silver Creek
Road.
This hearing was duly advertised, posted and the property
owners notified as required by law.
Bakersfield, California, August 29, 1984 - Page 13
75
pation.
Mayor Shell declared the hearing open for public partici-
Mrs. Lucy Bowen, resident and Home Owners' Association
Board Member stated the Fountain Springs Estates has met all City
requirements.
No protests or objections being received, and no one else
wishing to speak in favor, the public portion of the hearing was
closed for Council deliberation and action.
Upon a motion by Councilman Payne. Resolution No. 70-84
of the Council of the City of Bakersfield finding and declaring
interests of residents along specified privately owned and maintain,ed
roads and interests of motoring public will best be served by appli-
cation of provisions of the California Vehicle Code, and City Regu-
lations adopted pursuant thereto, to such roads Fountain Springs
Estates, was adopted by the following roll call vote:
Ayes Councilmen Rockoff, Barton, Childs, Moore, Payne. Ratty
Noes None
Absent: Councilman Christensen
This is the time set for public hearing before the Council[
for hearing report of Building Official specifying work done, cost
of work and description of property upon which Dangerous Buildings
have been demolished and hearing protests or objections thereto.
This hearing was duly advertised and the property owners
notified as required by law.
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being received, and no one wish-
ing to speak in favor, the public portion of the hearing was closed
for Council deliberation and action.
Upon a motion by Councilman Payne. Resolution No. 71--84
of the Council of the City of Bakersfield con£irming the Report of
the Building Director re Assessments of certain properties in the
City for Demolition of Dangerous Buildings, was adopted by the foilew-
ing roll call vote:
Ayes Councilmen Rockoff, Barton, Childs, Christensen, Moore,
Payne, Ratty
Noes None
Absent: None
76
Bakersfield, California, August 29, 1984 - Page 14
NEW BUSINESS
Adoption of Emergency Ordinance No.
2935 New Series Levying upon the
Full Taxable Value of the Taxable
Property in the City of Bakersfield,
Except that area known as The Rio
Bravo Annexation, A Percentage Rate
of Taxation upon each Dollar of Valu-
ation for the Fiscal Year beginning
July 1, 1984, and ending June 30,
1985.
This Emergency Ordinance represents the Property Tax
levies for the 19S4-S5 Fiscal Year for the outstanding general
obligation bond issues of the City of Bakersfield (1966 Municipal
Improvement Bonds, Series A and Series B).
Upon a motion by Councilman Rockoff, Emergency Ordinance
No. 2935 New Series Levying Upon the Full Taxable Value of the
Taxable Property in the City of Bakersfield, except that area known
as The Rio Bravo Annexation, a Percentage Rate of Taxation upon each
Dollar of Valuation for the Fisca~ Year beginning July 1, 1984,
and ending June 30, 1985, was adopted by the following roll call
vote:
Ayes:
Noesi
Absent:
Councilmen Rockoff, Barton, Childs, Christensen,
Payne, Ratty, Rockoff
None
None
Moore,
First reading of an Ordinance of
the Council of the C~ty of Bakers-
field amending Sections 5.52.110(B)
(1) and 5.52.140(B) of the Bakers-
field Municipal Code governing
Location, Building Code, and Zoning
Requirements of Towing Services
utilized by the Bakersfield Police
Department.
The proposed amendment would allow towing companies
located within a five-mile radius of the intersection of Brundage
Lane and "H" Street to provide tow services
ment, regardless of whether or not they are
City's boundaries.
Council
for the Police Depart-
located within the
First reading was considered given an Ordinance of the
of the City of Bakersfield amending Sections 5.52.110(B)(1)
Bakersfield, California, August 29, 1984 - Page 15
77
and 5.52.140(B) of the Bakersfield Municipal Code governing Location,
Building Code, and Zoning Requirements of Towing Services utilized
by the Bakersfield Police Department.
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Subsection D. to Section 16.
32.020 of the Bakersfield Municipal
Code Relating to Security for Sub-
division Improvements.
This ordinance adds a lien on the property to be subdivid.ed
or other real property, as the City Engineer finds acceptable, to
the list of types of security the City can accept for subdivision
improvement agreements. This type of security is to be used only in
situations where the public interest does not require construction of
required improvements within three years and, in such situations,
relieves the subdivider of paying bond premiums or similar costs
pending construction.
First reading was considet'ed given an Ordinance of the
Council of the City of Bakersfield adding Subsection D. to Section
16.32.020 o£ the Bakersfield Municipal Code Relating to Security fo~
Subdivision Improvements.
Adoption of Resolution No. 72-84 of
the Council of the City of Bakers-
field amending the dates of meetings
of the Council durin~ the month of
September, and fixing the dates of
meetings of the Council during the
months of October, November and
December, 1984, and January, Feb-
ruary and March, ~985.
This resolution fixes the dates of meetings of the Counci[L
from September, I984, through March, 1985.
Upon a motion by Councilman Christensen, Resolution No.
72-84 of the Council of the City of Bakersfield amending the dates
of meetings of the Council during the month of September, and fixing
the dates of meetings of the
November and December, 1984,
was adopted by the following
Ayes Councilmen Rockoff,
Noes
Absent:
Council during the months of October,
and January, February and March, 1985,
roll call vote:
Barton, Childs, Christensen, Moore,
Payne, Ratty
None
None
?8
Bakersfield, California, August 29, 1984 - Page
Adoption of Resolution No. 73-84 of
the Council of the City of Bakers-
field amending Sanitary Sewer Plan
for Pierce Road - Oak Street Planned
Sanitary Sewer Area and making finding
relative thereto.
This resolution amends the Sanitary Sewer Plan for the
Pierce Road - Oak Street Planned Sanitary Sewer Area to add both
territory and facilities, as recommended by the Public Works Depart-
ment.
Upon a motion by Councilman Christensen, Resolution No.
73-84 of the Council of the City of Bakersfield amending Sanitary
Sewer Plan for Pierce Road - Oak Street Planned Sanitary Sewer
Area and making finding relative thereto, was adopted by the follow-
ins roll call vote:
Councilmen Rockoff, Barton, Childs, Christensen, Moore,
Payne, Ratty
Ayes:
Noes: None
Absent: None
Adoption of Resolution No. 74-84 of
the Council of the City of Bakers-
field establishing the boundaries
of the Fairhaven Water Service Area.
This resolution establishes the boundaries of the Fair-
haven Water Service Area as required by Scotion 15.0B.010 of the
Bakersfield Municipal Code.
Upon a motion by Councilman Moore, Resolution No. 74-84
of the Council of the City of Bakersfield establishing the bound-
aries of the Fairhaven Water Service Area, was adopted by the
following roll call vote:
Councilmen Rockoff, Barton, Childs, Christensen, Moore,
Payne, Ratty
Adoption of Resolution No. 75-84 of
the Council of the City of Bakers-
field amending the boundaries of the
Fairhaven Water Service Area.
Ayes:
Noes: None
Absent: None
This resolution
amends the boundaries of the Fairhaven
Water Service Area to include the Canned Foods Retail Store property
Bakersfield, California, August 29, 1984 -- Page 17
79
at the end of Pierce Road and the larger parcel to the north. The
owners of those properties have requested this action.
Upon a motion by Councilman Ratty, Resolution No. 75-84
of the Council of the City of Bakersfield amending the boundaries
of the Fairhaven Water Service Area, was adopted by the following
roll call vote:
Ayes Councilmen
Noes
Absent:
None
None
Rockoff, Barton,
Payne, Ratty
Childs, Christensen, Moore,
Noes
Absent:
Councilmen Rockoff, Barton,
Payne, Ratty
None
None
Childs, Christensen, Moore,
Approval of Agreement between the
City of Bakersfield and Brewer's
Historical Consultants for the
Second-Year Cultural Resource Survey.
Second-Year Survey requires the assistance of a historical[
consultant to supervise research volunteers and assist staff in con--
ducting historical and architectural investigations on various build-
ings in the downtown area.
Upon a motion by Councilman Childs, Agreement between the
City of Bakersfield and Brewer's Historical Consultants for the
call vote:
Ayes
Adoption of Resolution No. 76-84
of the Council of the City el
Bakersfield approving destruction
of City Records - Finance Depart-
ment.
This resolution authorizes the Finance Department to
destroy obsolete records and reports, etc., on an ongoing basis.
Government Code Section 34090 permi{s destruction of certain public
records upon the approval of the City Attorney and a resolution
adopted by the City Council.
Upon a motion by Councilman Rockoff, Resolution No. 76-84
of the Council of the City of Bakersfield approving destruction of
City Records - Finance Department, was adopted by the following roll
8O
Bakersfield. California, August 29, 1984 - Page 18
Second-Year Cultural Resource Survey, was approved and the Mayor
authorized to execute same.
Approval of Contracts with Quad Con-
sultants to prepare two Environmental
Impact Reports (EIR's) on General Plan
Amendments and Annexation Requests.
Quad Consultants has been selected to prepare an EIR for
Tenneco Realty Development Corporation on proposed Land Use and
Circulation Element Amendments and annexation request (10.3 acres)
in the Stockdale Highway and Buena Vista Road area and a joint
Antongiovanni/Tenneco Land Use Element and Annexation request (615
acres) south of' the Southern Pacific Railroad and west of the Arvin-
Edison Canal. The schedule projects draft EIR completion for both
projects by November 1st and public hearing in December at the
Planning Commission.
All costs to be paid by Tenneco Realty Development Corp-
oration.
Upon a motion by Councilman Moore, Contracts 'with Quad
Consultants to prepare two Environmental Impact Reports (EIR's) on
General Plan Amendments and Annexation Requests, was approved and
the Mayor authorized to execute same.
Approval of Request to declare as
surplus City owned property located
on the west side of Stine Road near
Hartford Avenue.
The City has received a request to declare as surplus an
unused portion of the water well site located on the west side of
Stine Road between White Lane and Planz Road. The unused portion
is 10,450 square feet in area and zoned R-2MH. The Water and Public
Works Departments have no objections to disposing of the property.
The Planning Commission has reviewed the request and determined that
the proposal to sell the property Js consistent with the General Plan.
Upon a motion by Councilman Childs, request to declare
as surplus City owned property located on the west side of Stine
Bakersfield, California, August 29, ]984 - Page 19
81
Road near Hartford Avenue,
Manager
value.
was approved, and the Finance Operations
authorized to sell at the highest bid above the appraised
upon a motion by Councilman Christensen,
at 10:05 P.M.
ADJOURNMENT
There bein~ no further business to come before the Council
the meeting was adjourned
MAYOR of the City o1' Bakersfield, Calif.
ATTEST:
CITY CLERt~ and Ex Officio Clerk of 'the Council
of the City of Bakersfield, California
CW
82
Bakersfield, California, September 12~ 1984
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., September ]2, 1984.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Chaplin !id Meissner
of the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Shell.
Absent: None
Councilmen Barton, Childs, Christensen,
Moore, Payne, Ratty, Rockoff
CORRESPONDENCE
Upon a motion by Councilman Rockoff,
Brock, St., Brock's Department Stores,
John H.
1984, expressing his support of Moreland's Galleria Project,
received and referred to the Redevelopment Agency.
Upon a motion by Councilman Barton, communication
communication from
dated September 4,
was
from
the City of Tuscon, Arizona, dated August 21, 1984, urging the
Council to support the passage of HR4103 regarding a national
policy for cable television regulations, was received and referred
to the Legislative Committee.
lipon a motion by Councilman Childs, communication from
the City of Carson, California, dated August 24, 1984, urging the
Council to support the passage of Assembly Bill 3966 tbat would
give local government the encouragement to consider Redevelopment
activities on properties that are reported to contain toxic or
hazardous waste and offers Redevelopment Agencies an alternative
method to pay for detailed site characterization plans and studies
required by the State Department of Health Services and other
environmental control agencies, was received and referred to the
Legislative Committee.
COUNCIL STATEMENTS
Councilman Payne stated he was contacted by personnel
from Cal-State Bakersfield who served on a select screening com-
mittee that allocates scholarships to people of the Bispanic
Bakersfield, California, September 12, 1984 Page 2
community who will be attending Ca]-State Bakersfield and they
requested that he invite the Hayor~ Council and staff to attend
the Scholarship Awards Dinner at the Red Lion Inn on Friday,
September 14, 1984, at S:00 P.M.
Upon a motion by Councilman Barton, the matter of in-
complete street alignments was referred to the Growth and Develop-
ment Committee to study and come back to the Council with a
recommendation on how the uncompleted sections in the City's road-
ways can be completed.
Councilman Barton stated the Council has received a study
from the Department of Commerce re~arding rules and regulations for
implementation of the two Enterprise Zone Legislations (AB 40 and
AB 514). The Enterprise Zone regulations will be heard throughout
the State from September 18, 198,i through October 9, 1984. In the
report the State has divided the City's Enterprise Zone into two
districts. Since the City and County allocated funds and staff to
study the area, he felt the State should be petitioned to reconsidc, r
the division of the study zone and consider it as one unit.
Upon a motion by Councilman Barton, staff was directed
to contact the Department of Commerce to petition them to re-
evaluate the designation of the Bakersfield Enterprise Zone area,
correct the boundaries and request that Census Tract 22 and the
area south of Brundage Lane be included in the Maxine Waters Bill
(AB 514), instead of being split into the Nolan and Waters' Bills.
In answer to a question by ~ayor Shell, Community
Development Coordinator Grady updated the Mayor and Council on
negotiations that are going on to acquire three parcels of ]and
and develop two commercial areas on Lakeview Avenue and California
Avenue.
REPORTS
Councilman Payne, Chairman of
and Personnel Committee, read Report No.
and Reclassifications, as follows:
the Governmental Efficiency
12-84 regarding New Positions
84
Bakersfield, California, September 12, 1984 - Page 3
The Governmental Efficiency and Personnel Con]-
mittee recently met with the City Manager and
his staff regarding new positions and reclassi-
fications for Fiscal Year 1984-85. As was
pointed out in the Acting City Manager's recent
budget message, action on new personnel and
reclassifications was deferred until the new
City Manager had an opportunity to assess the
service levels of the various departments. Mr.
Caravalho has met with the department heads
and, after careful consideration, they have
submitted their requests to the Governmental
Efficiency and Personnel Committee for 16 new
positions and 19 reclassifications.
Taking into consideration that during the last
]0 years the City has grown in population
nearly 50%, in area 16~%, Jn street miles 70%,
in parks 54%, and in calls for service in the
Fire Department 150%,while at the same time
City personnel has increased less than 20%,
the Governmental Efficiency and Personnel Con]-
mittee is of the opinion that the City Manager's
requests are justifiable. The City is continuing
to grow, and in an attempt to maintain our
present level of service we are recommending
City Council approval of the following personnel
changes for Fiscal Year 1954-85:
Public Works
Two Street Maintainers, 10 months
Employee Cost $ 3,t,000
One Air Condifioning Technician
II, 6 months
Employee Cost
Equipment Cost -
70O
000
3. One Craftworker I, 6 months
Employee Cost - 12,850
Equipment Cost - 9,000
Reclassify one Sewer Maintainer
II to Sewer Maintainer III, 9
months
Cost -
1,571
Reclassify two Street Maintainers
to Light Equipment Operators, 9
months
Cost -
2,632
Reclassify two Electrical Technicians
I to Electrical Technicians II~ 9
months
Cost 2,599
Reclassify one Air Conditioning
Technician I to Air Conditioning
Technician II, 9 months
Cost
1 , 290
Reclassify one Building Maintainer
I to Building Maintainer II, 9
months
Cost
1,059
Bakersfield, California, September 12, 1984 - Page 4
85
10.
3
4
5
1. One
Employee Cost
Reclassify two Auto Service
Workers to Trades Assistants, 9
months
Cost -
Change of Title for Supervisor
III to Assistant Superintendent
No Cost
Subtotal $
Development Services Department
Three Firefighters, 6 months
Employee Cost
Equipment Cost -
One Clerk Stenographer, 6 months
Employee Cost -
Equipment Cost -
Five Fire Dispatchers, 3 months
Employee Cost -
Reclassify one Assistant Planner
to Associate Planner. 9 months
Employee Cost -
Reclassify one Building Inspector
II to Plan Checker (Residential).
9 months
Employee Cost -
Subtotal
Police Department
Reclassi[y one Senior Police
Officer to Sergeant. 9 months
Employee Cost -
2w/r, Premium Pay Established for
Supervising Lieutenant (Patrol)
Employee Cost -
Subtotal
City Attorney
Clerk Stenographer II. 6 months
Employee Cost -
Equipment Cost -
Reclassify one Deputy City
Attorney I to Deputy City
Attorney II
Employee Cost
Subtotal
City Manager
Budget Analyst, l0 months
634
93,335
$ 47,530
5,400
8,663
1,300
33,465
1,67]
2 984
$101 013
$ 7 800
944
$ 8,744
$ 9,200
1,060
1,300
$ 11,560
22,620
Subtotal $ 22,620
86
Bakersfield, California, September 12, 1984 -- Page 5
Finance
1. One Accountant II, 6 months
Employee Cost - $ 15,250
Equipment Cost - 875
Reclassi£y one Account Clerk II
to Accountant I, 9 months
Employee Cost
3,4]6
Reelassify one Keypunch Operator
to Account Clerk I, 9 months
Employee Cost
1,078
Subtotal $ 20,6]9
Recreation
Reclassify one C]erk Typist II
to Personnel Clerk, 9 months
Employee Cost
$ 1,139
Reclassify one Clerk Typist I
to Clerk Typist II, 9 months
Employee Cost
297
Reclassify one Community Center
Coordinator to Recreation
Supervisor II
Employee Cost
1,616
Subtotal $ 3,052
TOTAL $260,943
In addition to the above new positions the
Council authorized one Craftworker I, one
Supervisor I, one Trades Assistant I, and one
Account Clerk I in the Parks Division during
the regular budget session. These positions
were created in order to maintain approximately
57 acres of Maintenance District parks property
and equipment. Salaries and benefits are
reimbursed from Maintenance District funds.
Attached to the report are justifications for
all of the recommended new positions and re-
classifications. Department heads reqnested
42 new positions and 33 reclassifications
totalling approximately 2],150,000. After
careful consideration of these requests, the
City Manager and the Governmental Efficiency
and Personnel Committee are recommending
approval of 16 new positions and 19 reclassi--
fications totalling $260,943 for the Fiscal
Year 1984-85.
In order to effectuate these ch:,nges, the
Governmental Efficiency and Personnel Committee
is recommending Council approval of these 16
new positions and 19 reclassifications, approval
of the change in the Salary Resolution, and
approval of the job specifications. Funds have
been set aside in the Council's Contingency
Fund during the 1984-85 budget hearings to pay
for these personnel transactions and equipment
costs.
Bakersfield, California~ September 12, 1984 - Page 6
87
In answer to a question by Councilman Rockoff, Acting
City Manager-Finance Klimko stated at the present time the balance
of the Contingency Fund is $510,000, however, that is prior to
reducing it for new positions and reclassifications.
In answer to a question by Councilman Ratty, City Manage~'
Caravalho stated, at this time, staff does not anticipate any
additional employees for the remainder of this Fiscal Year. One
issue that could change this is the Redevelopment activities,
because there are a number of anticipated projects.
Councilman Ratty stated that positions seem to be added
periodically during the year and this results in more cost at the
end of the year. It gives a distorted picture of the budget and
cost of employees. He suggested that this be done at budget time
next year. Getting all these positions in place and meeting these
demands, rather than stringing them throughout the year, would
help the Council in the budgetary process.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 12-84 regarding New Positions
and Reclassifications, was accepted; and recommendations as out-
lined in the report, were approved.
Adoption of Resolution No. 77-84 of
the Council of the City of Bakers-
field amending Resolution No. 99-83
setting salaries and related benefits
for Officers and Employees of the
City of Bakersfield.
Upon a motion by Councilman Payne, Resolution No. 77-84
of the Council of the City of Bakersfield amending Resolution No.
99-83 setting salaries and related benefits for Officers and
Employees of the City of Bakersfield, was adopted by the following
roll
Ayes
Noes
Absent:
call vote:
Councilmen Barton, Childs,
Ratty, Rockoff
None
None
Christensen. Moore, Payne,
88
Bakersfield, California, September 12, 1984 -- Page 7
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 13-84 regarding Street
Sweeping Program, as follows:
On June 20, 1984, the Public Works Department
gave a report to the City Council regarding a
new Street Sweeping Program which was initiated
in 1983. This report indicated that through
the cooperation of the Bakersfield Californian
in reporting areas and times for street sweeping
this new program resulted in increased efficiencies.
The report also pointed out areas of concern
which, if rectified, could result in even
greater efficiencies. Those concerns were
placing lawn trimmings in the streets, back-
pack blowers which are being used by commercial
gardners and homeowners to blow debris into the
streets and abandoned vehicles which are parked
on the streets.
These issues were referred by the City Council
to the Governmental Efficiency and Personnel
Committee for further consideration. We
recently met with the staff and considered the
following options:
1. A meeting with commercial gardners con-
cerning these problems and inviting their
input in arriving at an amicable solution.
2. An ordinance restricting the use of back-
pack blowers.
3. An ordinance restricting the placement of
lawn trimmings in the street.
4. Placement of signs throughout the City
which would restrict parking on the streets
during certain hours of the day. This
would allow the street sweepers free access
on the streets. Cost of the signs through-
out the City is $460,000.
5. Placement of large ads and maps in the local
newspaper of the Streot Sweeping Program.
6. Increase the City's efforts in eliminating
abandoned vehicles on the streets.
After careful consideration of these alternatives,
the Governmental Efficiency and Personnel Com-
mittee is recommending City Council approval of
Options 1 and 6. Number I would be for the
staff to meet with the commercial gardners in
an effort to work out a mutually agreeable
solution to the backpack blowers and placement
of debris in the streets, and Number 6 would
be to instruct the Police Department to
strenuously enforce the 72-hour abandoned
vehicle laws. If these two recommendations
prove to be less than successful. then further
considerations will be forthcoming.
89
Bakersfield, California, September 12, 1984 - Page 8
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 13-84 regarding Street Sweeping
Program, was accepted; staff was directed to meet with the com-
mercial gardners in an effort to work out a mutually agreeable
solution to the backpack blowers and placement of debris in the
streets; and the Police Department was instructed to strenuously
enforce the 72-hour abandoned vehicle laws.
Councilman Ratty, Chairman of the Intergovernmental
Relations Committee, read Report No. 4-84 regarding Fair Housing
Task Force, as follows:
The current Fair Housing Program was approved
by the City and County in February of 1984.
At the same time, the City and County approved
the formation of a Fair Housing Task Force
comprised of the organization in Exhibtt "A".
Parttcipation from those organizattons were
solicited resulting in the nomtnations of
representatives Itsted tn Exhtbi t "B". It
should be noted that some organizations have
made substitutions of original nominees, and
that some organizations have alternates. The
organizations have indicated thetr desire to
participate by making substitutions when the
original designee is unable to conttnue, and
by providing an alternate so that their organi-
zation will conttnue to be represented when
the original destgnee has to mtss a meeting.
The Task Force has been meeting since May 10,
1984, and have selected officers. Mr. Larry
Moxley, representing the Greater Bakersfield
Chamber of Commerce, is the Chairperson, with
Frank Hinmon of the Board of Realtors, and
John Ortiz of the Department of Fair Employment
and Housing rotating the posttion among them-
selves. All three nominees received equal
votes. They dectded they would share the
responsibility of Chairperson since they
received equal votes. The rest of the Committee
in attendance concurred with that arrangement.
The Task Force is anxious to be formally
recognized by the City and County governments.
Staff feels that the Task Force is ready for
rattfication. They have formed three sub-
commtttees; Medtatton, Testing and Lttigation;
Structure and Fundtng; and Education and Publtc
Relations. The committees have been meeting
since June, 1984, and have begun deliberating
on the specific objectives delineated for the
Task Force in the jotnt City/County Fair Housing
Program.
It would be difficult to limtt partictpation
on the Task Force to the specific members
90
Bakersfield, California, September 12, 1984 - Page 9
nominated and currently serving as the repre-
sentative of the organi7.attons listed in
Exhibit "B". With the changes tn respon-
sibilities in organizattons, it has become
apparent to staff that, as in the past,
organizations may have the need to change
representatives. Therefore, staff is recom-
mendtng the ratification of the organizations
now serving on the Task Force and the acknowledg-
ment of their" nominees.
Upon a motion by Councilman Ratty, Intergovernmental
Relations Committee Report No. 4-84 regarding Fair Housing Task
Force, was accepted; and ratification of organizations now serving
on the Fair Housing Task Force, was approved, and their nomtnees
were acknowledged.
Counctlman Barton, Chairman of the Growth and Develop-
ment Committee, read Report No. 10-84 regarding Development of the
Bakersfield Airpark as a Public Airport, as follows:
On September 5, 1984, this Committee concluded
a series of meetings regarding the issue of
the acqutsttion, tmprovement and operation of
the Bakersfield Airpark. The basic purpose of
these meettngs was to establish the level of
justiftcation and viabiltty in maktng the
Bakersfield Airpark a publicly owned facility.
During the initial meetings staff was given a
number of objectives which combined to serve
as parameters under which the studies were made.
1. A high level of need of justification for
the Airpark to continue in its role as a
general utility airport must be established;
2. Its operating revenue must essentially
cover the cost of operating the faciltty,
both in its present and future configuration;
3. A high degree of local community support
for the Airpark must be present;
4. The proposed acquisition of the Airpark
using Federal Aviation Agency Grant Funds
must not expose the City to ftnancial risk,
either on a short term or long term basis;
5. The value of the Airpark relative to the
economic development and revitalization of
Southeast Bakersfield must be firmly
establtshed.
It is with these objectives in mind that thts
Committee presents the following report.
Aviatton activities at the Airpark began tn the
late 1940's as a base for a helicopter service.
91
Bakersfield, California, September 12, 1984 - Page 10
Shortly after World War II, a runway and limited
hanger facilities were constructed. It was
maintained in this configuration for approxi-
mately twelve years. In 1962 the Airpark was
acquired by a new owner who acquired additional
land and enlarged the facilities considerably
in the late 1960's.
Today the Airpark covers approximately 100 acres,
has an asphalt surface runway 30 feet wide by
3,200 feet long and accommodates approximately
106 based aircraft. The Airpark, although
private, remains open to the public, offers
overnight aircraft tiedown facilities, fuel and
aircraft repair services.
During the late 1970's, considerable dtscussion
occurred regarding the conversion of the Airpark
to a publicly owned and operated facility. As
a result of these discussions a series of studies
and reports were generated that addressed the
issues of use, expansion, acquisition, operation
and environmental impacts of the Airpark. The
following list illustrates this point:
1978: The Bakersfield Airpark Site Evaluation
Study: ThiS-study indicated an airport
is needed in South Bakersfield. This
study indtcated the Airpark would meet
this need and recommended the City or
County acquire the Airpark and beFin an
improvement program utilizing State and
Federal funds.
1980: Bakersfield Airpark Master Plan Study:
This plan developed a detailed set of
airport plans that delineates the proposed
improvements of the Airpark. This plan
served as the basis for the preapplication
to the F.A.A. for improvement funds sub-
mitted in June of 1983.
1980: A Draft Environmental Impact Report was
generated that studied the impacts of
the proposed Master Plan.
1981: March 1981 Resolution 15-81 was approved
amending the General Plan Land Use
Element for properties adjacent to the
Airpark.
1982: February, 1982, an additional amendment
to the Land Use Element occurred for
properties located at Planz Road and
Madison Street.
1983: During May the Environmental Impact
Report was updated to meet current CEQA
requirements and list mitigation measures.
This Final EIR was certified on July
13, 1983.
During June, 1983, a preapplication was
approved by the City Council and sub-
mitted to the F.A.A. for funding considera-
tion.
92
Bakersfield, California, September 12, 1984 - Page 11
In November an effort was made to form
an Airport District. This effort failed
by a margin of approximately 30 votes.
Much discussion has occurred regarding
this tssue and members of the community
tndicated they were not fully informed
of the potential economtc benefits to
the enttre area, both from the airport
and "Enterprise Zone." Based upon these
comments received from various groups
and individuals withtn the community
it is recommended, by thts Committee,
that this mechantsm continue to be
considered as a possible way of creating
a public airpark.
1984: June 22, 1984, Aries Associates Ltd.
completed a technical report for Kern
COG dealing with atrport planning on a
County wide basis. This report reiterates
the need for an airport in South Bakers-
field.
July, 1984, the Economic Development
Division prepared a plan for development
and organization of the Airpark as a
public entity.
Based upon the data analyzed and the insight
gained from these reports, this Committee submits
the following findings:
1. It is this Committee's belief that the
Bakersfield Airpark is a key element in the
transportation system serving the City and
County. The importance of this facility
will increase as the City grows.
2. Based upon the consideration of all the
identifiable economic issues, this Airpark
can continue to exist over the long term
operated only as a public facility. As
part of our evaluation we intend to analyze
what type of public entity this would be.
3. This Committee believes that the continued
health and viability of the Airpark is a
critical factor in our efforts to revitalize
and achieve the economic potential of South-
east Bakersfield. And further, that it will
be a very key factor in our efforts to
establish the Southeast Enterprise Zone.
4. Based upon the accounting data available to
this Committee during these deliberations,
we believe the Airpark can be operated at
a break-even point.
5. After discussions with F.A.A. officials,
the present owners of the Airpark, the City's
legal and financial consultants and staff,
this Committee bel iev(~s the ownership of
the Airpark can be transferred to the City
to the satisfaction of all parties. It must
93
Bakersfield, California, Sep~ember 12, 1984 - Page 12
be understood that this transfer in owner-
ship is totally predicated on the receipt
of F.A.A. Airport Development Grant Funds.
Without this assistance this acquisition
program is not feasible.
6. This Committee, while supporting the basic
concept of acquirtng and improving the
Airpark, also recognizes the need for a
very detailed specific plan and economic
study. We, therefore. support and recommend
the completion of the Casa Loma Specific
Plan and Enterprise Study at the earliest
possible time. This planning effort is
presently being conducted through a joint
City/County effort and once completed will
allow a realistic assessment regarding the
acquisition and development program to be
established.
In the opinion of this Committee, the continued
viability of the Airpark is a critical issue tn
our efforts to establish the Southeast Enterprise
Zone. The prominence of the Airpark as a land
use, employment center and magnet for develop-
ment is a major determinant in this Committee's
support of the b~sic concept of acquiring and
improving the Airpark as a public facility.
It is anticipated that the acquisition and
improvement program would extend over a period
of 6 - 10 years (based primarily on the level
of funding received each year from the F.A.A.).
Years 1 - 3 will involve the acquisition of
the existing facility. Years 4 - 10 will involve
the expansion of the runway and facility improve-
ments.
The following table shows the breakdown of costs
for the project with estimates of the local and
Federal share:
Local
Share
Federal
Share
Total
Estimate
Bakersfield Airpark
Acquisition:
Airpark land (93 acres)
Existing structures
$ 372,000 $ 3,348,000 $ 3,720,000
321,300 321,300
693,300 3,348,000 4,041,300
189.000 1,701,000 1,890,000
Additional Property
Acquisition
Site Preparation and
Construction
1,225,000
29,700
5,796,700 7,021,700
267,700 297,400
910,600 910,600
12,024,000 14,161,000
863,000
$l2,024,000 $15,024,000
Access Roads
Control Tower
Total Airpark
2,137,000
Offsite Improvements*
Totals
863,000
$ 3,000,000
94
Bakersfield, California, September 12, 1984 - Page 13
Possible sources of funding the local share over
a 6 - 10 year period are:
Airpark Retained Earnings
Economic Development Administration (EDA)
Community Development Block Grant (CDBG)
Federal Revenue Sharing
State Grants/Loans
*State Gas Tax
*Transportation Development Act (TDA)
The Federal share would be funded by the Federal
Aviation Administration (F.A.A.) Airport Develop-
ment Aid Program (ADAP) with an estimated 2
mtllion dollar allocation per year. This pro-
gram would commence with the 1984-85 Federal
Fiscal Year, whtch begins October 1, 1984.
In order to maximize the City's cash flow and
to firm up F.A.A. 's participation and possible
additional funding sources for the local share,
staff suggest entering into an open escrow with
terms mutually acceptable to the City and the
current owners of the Airpark. This period
should provide adequate time to accrue two years
allocation from F.A.A. for the initial purchase
which is estimated to be approximately 4 million
dollars. This approach would place the City at
minimum risk should the F.A.A. choose not to
participate at that time.
This Committee recommends the following:
1. This Council direct the City Manager to
transmit a letter to the regional office
of the F.A.A. indicating the City's desire
to effect the transfer of ownership of this
facility from a Private Airpark to a Public
Airpark.
2. Direct staff to begin negotiating with the
current ownership of the Airpark for the
purpose of reaching terms mutually acceptable
to the City and the current owners for the
purchase of the Airpark.
3. The City continues to pursue this program
based on the findings commencing on Page
11 of these minutes, keeping foremost the
5 objectives delineated on Page 9 of these
minutes.
Councilman Barton made a motion that Growth and Develop-
ment Committee Report No. 10-84 regarding Development of the
Bakersfield Airpark as a Public Airport, be accepted.
Councilman Moore requested that the following wording
be added to the last sentence in the report:
"keeping foremost the 5 objectives delineated
on Page 1 of this report."
Councilman Barton stated Councilman Moore's additional
wordtng would be added to the report.
95
Bakersfield, California, September 12, 1984 - Page 14
Mr. Btll Lewis, Chairman of the Airport Committee for
the Southeast Enterprise Zone, presented correspondence from Dr.
Albert T. Ingalls, Trustee, 1711 - 30th Street, Thomas E, Mestmaker,
P. O. Box 2303, Bakersfield, and the State Department of Trans-
portation, Division of Aeronautics and petitions containing 215
signatures of residents of the community expressing their support
of the expansion program at Bakersfteld Airpark. Mr. Lewis compli-
mented the Committee and staff for their diligence in making this
study and stated they are in agreement with the report. They feel
this will be the catalyst for bringing the industry and jobs that
are needed for growth in the southeast area of Bakersfield.
Mr. Norman Walters, Commercial Instrument Rated Pilot,
expressed his support of the Bakersfield Airpark.
Fuchsia Ward, 275 Adams Street, submitted a petition,
containing 47 signatures of residents of the southeast area of
Bakersfield, expressing their support for the public acquisition of
the Bakersfield Airpark and pledging their support for forming an
Airport District in the area.
Mr. Don Simpson, President of the ftrm of Simpson-Vancuren,
retained as consultants for the Entorprise Zone Board of Directors,
commended the Committee for their comprehensive report and agreed
with their findings and recommendations.
Upon a motion by Councilman Barton, Growth and Develop-
ment Committee Report No. lO-84 regarding Development of the
Bakersfield Airpark as a Public Airport, was accepted with the
additional wording submitted by Councilman Moore; the City Manager
was directed to transmit a letter to the regional office of the
F.A.A. indicating the City's desire to effect the transfer of owner-
ship of the Bakersfield Airpark from a private airpark to a public
airpark; staff was directed to begtn negotiating with the current
owners of the Airpark for the purpose of reaching terms mutually
acceptable to the City and the current owners for the purchase of
the Airpark; and the City will continue to pursue this program
based on the findings outlined in the report.
96
Bakersfield, California. September 12, 1984 - Page 15
Mayor Shell declared a brief recess at 8:00 P.M. and
reconvened the meeting at 8:10 P.M.
CONSENT CALZND.~R
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 755 to 997,
inclusive, in the amount of $822,446.01.
(b) Claim for Damages from Randy Jay Lemley,
8212 Maxey Street, Lamont, California.
(Refer to City Attorney)
(c)
Claim for Damages from Arnold
5001 Planz Road, Bakersfield.
City Attorney)
Gonzales,
(Refer to
(d) Claim for Damages from Fathers of America,
Vertner Vergon, Chairman of the Board,
3752 Motor Avenue, Los Angeles, Caltfornia.
(Refer to City Attorney)
(e) Claim for Damages from Bert Wedemeyer,
3200 Annapolis Streot, Bakersfield.
(Refer to City Attorney)
(f) Claim for Damages from Tim S. Moore, 927
Pacific Street, Bakersfield. (Refer to
C5ty Attorney)
(g) Sewer Line Easement from Tenneco Realty
Development Corporation for sewer lines
as required by the Planning Commission
for Parcel Map No. 7059, located at the
southwest corner of Camino Media and
Gosford Road.
(h) Improvement Agreement with R.N.R. Enter-
prises for construction of improvements
and Public Utilities Easement from
Presidio Savings and Loan Association,
as required by the Planning Commission
with Parcel Map No. 7247, located at
northwest corner of Stine Road and White
Lane.
(i) Grant Deed from E. A. and Beth G. Bender
providing a Drainage Retention Basin at
the Bakersfield Airpark, located north of
Planz Road, east of South Union Avenue.
(j) Application for Encroachment Permit from
Thomas Letourneau, Jr., 380l Evelyn Drive,
Bakersfield, for construction of a 42-inch
high wrought iron fence behind the side-
walk and fire hydrant on Merrimac Street
and Evelyn Drive, at 3801 Evelyn Drive.
(k) Plans and Specificattons for construction
of Shalimar Planned Drainage Improvements,
Phase II.
Bakersfield, California, September 12, 1984
Page 16
97
(d), (e),
Calendar,
Ayes:
(1) Plans and Specifications for reconstruction
of Stine Road between Panama Lane and
Pacheco Road.
(m)
Indenture between the City of Bakersfield
and Southern Pacific Transportation Company
providing an easement to allow the City's
existing river canal to cross the Southern
Pacific Railroad at Stevens, in the County
of Kern, at Engineer's Station 7 + 19.0,
Mile Post 328.71. The original easement
was granted to Pioneer Canal Company,
which the City acquired by Agreement No.
76-36, dated April ]2, ]976.
Upon a motion by Councilman Rockoff, Items (a),
(f), (g), (h), (i), (j), (k), (1) and (m) of the
were adopted by the following roll call vote
(b), (c),
Consent
low bids of Helena
Chemical for 3 items, in the amount of $3,415.69, and Abate-A-Weed
for 4 items, in the amount of $4,428.07, for Weed Control Chemicals,
were accepted and all other bids rejected.
Upon a motion by Councilman Childs, low bid of Clow
Corporation, in the amount of $93,012.00, for Fire Hydrants, was
accepted and all other bids rejectted.
Upon a motion by Councilman Barton, low bid of Griffith
Company, in the amount of $68,582.40, for resurfacing portions of
Planz Road, South Chester Avenue to Union Avenue, was accepted,
all other bids rejected and the Mayor was authorized to execute
the contract.
Upon a motion by Councilman Moore, low bid of Rising Sun
Construction Company, in the amount of $67,553.41, for Canal Culvert
and Street Widening at 34th Street and the Kern Island Canal, was
accepted, all other bids rejected and the Mayor was authorized to
execute the contract.
ACTION ON BIDS
Upon a motion by Councilman Moore,
Noes: None
Absent: None
Councilmen Barton, Childs, Christensen, Moore Payne,
Ratty, Rockoff
98
Bakersfield, California, September 12, 1984 - Page 17
Upon a motion by Councilman Christensen, bid of General
Scales, in the amount of $1,250.00, for purchase of surplus Truck
Scale at the Sanitary Landfill, was accepted.
Upon a motion by Councilman Payne, usual bidding require-
ments were dispensed with, in accordance with Section 3.20.060 of
the Municipal Code, and the Finance Operations Manager was
authorized to negotiate a price with IBM for Computer Terminal
Equipment for Police Department C~mputer Aided Dispatch (CAD) and
Criminal Justice Information System (CJIS), not to exceed the
budgeted amount of $84,000.00.
DEFERRED BUSINESS
Adoption of Ordinance No. 2936 New
Series of the Council of the City of
Bakersfield adding Class No. 94 to
Section 5.02.300 of the Bakersfield
Municipal Code regarding Flat Rate
Business Tax for Arts and Crafts
Fairs.
Upon a motion by Councilman Christensen, Ordinance No.
2936 New Series of the Council of the City of Bakersfield adding
Class No. 94 to Section 5.02.300 of the Bakersfield Municipal Code
regarding Flat Rate Business Tax for Arts and Crafts Fairs, was
adopted by the following roll call vote
Ayes:
Noes:
Absent:
Councilmen Barton, Christensen Moore, Payne, Ratty,
Rockoff
Councilman Childs
None
Adoption of Ordinance No. 2937 New
Series of the Council of the City of
Bakersfield amending Sections 5.52.110
(B) (]) and 5.52.140 (B) of the Bakers-
field Municipal Code Governing Location,
Building Code, and Zoning Requirements
of Towing Services utilized by the
Bakersfield Police Department.
Upon a motion by Councilman Ratty, Ordinance No. 2937
New Series of the Council of the City of Bakersfield amending
Sections 5.52.110 (B) (1) and 5.52.]40 (B) of the Bakersfield
Municipal Code Governing Location, Building Code, and Zoning
Bakersfield, California, September ~2, 1984 - Page 18
99
Requirements of Towing Services utilized by the Bakersfield Police
Department, was adopted by the following roll call vote:
Councilmen Barton, Childs, Christensen, Moore, Payne,
Ratty, Rockoff
Ayes:
Noes: None
Absent: None
Adoption of Ordinance No. 2938 New
Series of the Council of the City of
Bakersfield adding Subsection D. to
Section 16.32.020 of the Bakersfield
Municipal Code relating to Security
for Subdivision Improvements.
Upon a motion by Councilman Childs, Ordinance No. 2938
New Series of the Council of the City of Bakersfield adding Sub-
section D. to Section 16.32.020 of the Bakersfield Municipal Code
relating to Security for Subdivision Improvements, was adopted by
the following roll call vote:
Ayes Councilmen Barton, Childs, Christensen, Moore, Payne,
Ratty, Rockoff
Absent: None
Adoption of Subdivision Resolution
No. 6 of the Council of the City of
Bakersfield upholding, in part, the
Appeal by Nybo & Walker Engineering
on behalf of Mooney's Rentals from
Planning Commission imposition of
certain conditions of approval on
Tentative Parcel Map No. 7305.
This resolution establishes the findings resulting from
the hearing on the Tentative Parcel Map No. 7305 conducted at the
hearing of August 29, 1984.
Upon a motion by Councilman Ratty, Subdivision Resolution
No. 6 of the Council of the City of Bakersfield upholding, in part,
the Appeal by Nybo & Walker Engineering on behalf of Mooney's
Rentals from Planning Cornmission imposition of certain conditions
of approval on Tentative Parcel Map No. 7305, was adopted by the
following roll call vote:
Ayes: Councilmen Barton, Childs, Christensen, Moore, Payne,
Ratty, Rockoff
Noes: None
Absent: None
100
Bakersfield, California, September 12, 1984 - Page 19
HEARINGS
This is the time set for public hearing before the
Council on an Appeal by Long John Silver's, Inc., to the decision
of the Board of Zoning Adjustment denying their application for a
Modification to permit the reduction of the required off-street
parking spaces from 19 to 9 in a C-2-D (Commercial Architectural
Design) Zone, on that certain property commonly known as 3801 Ming
Avenue.
This hearing was duly advertised and the property owners
notified as required by law.
A proposed addition would occupy five existing parking
spaces and would also require an additional five spaces.
Mayor Shell declared the hearing open for public partici-
patton.
Mr. Don Messina, representing Long John Silver's, stated
at the present time they are working w~th the entire shopping
center, and their Real Estate Department has obtained a Surveyor and
Title Company to research and define their property lines, so they
wi]] know where they stand on the parking situation. They feel
when this is resolved they will be able to meet the City's parking
requirements. They would like to work with the Property Managers
of the shopping center to obtain a clarification of the parking,
so they can continue with their project. Mr. Messina presented a
petition signed by customers of their business expressing support
o[ the expansion of Long John Silver's.
In answer to a question by Mayor Shell, asking if they
were withdrawing their appeal, Mr. Messina stated they are present
tonight to request the Council to consider the appeal on the basis
that they are working with the entire shopping center, not their
defined area.
Director of Fire and Development Services Needham stated
the City had the entire parking area for the shopping center
analyzed as to how many parking spaces are required. Long John
Bakersfield, California, September 12, 1954 - Page 20
101
Silver's will be required to install 10 more parking spaces for the
proposed addition to their business. The shopping center has the
option of applying the 30% allowable amount of parking spaces for
compact cars. If they do that and restripe the lot they will have
more than the required number of spaces to facilitate their needs.
In answer to a question by Mayor Shell, Mr. Messina
stated they are still asking to reduce their parking spaces from
19 to 9.
Mr. Carl Foley, Shop Manager for Long John Silver's,
stated they are working on defining their property lease lines and
restriping the parking areas, and they would like to appeal this
matter with those two things in mind, so they can meet the ordinance
requirements. Except for the Christmas Season the parking is
adequate. In the month of April the parking area was 50% empty
and that tends to be the case 8 to l0 months of the year. The
employee parking in the rear of the plaza is not being utilized.
Mr. Clark Turner, Manager of Ardan's, stated parking in
the shopping center is inadequate to begin with and it does not
make sense to add 42 seats in Long John Silver's at the expense of
5 parking spaces outside. It would compound an already difficult
situation. It would leave 9 parking spaces for both the customers
and employees to share. If it is expanded their customers will be
using parking allocated to other merchants. This addition will only
help Long John Silver's at considerable expense to other merchants
in the shopping center. Many of th(e merchants in this plaza rely
on the Christmas Season to make it through the year. This selling
season accounts for 60% of the entire years' sales and most of the
profits. During this season there is no extra parking and, in fact,
the existing parking is inadequate. Any reduction in space does not
make good sense. The other merchants in the plaza are overwhelmingly
opposed to this reduction in Long John Silver's parking requirements.
Mr. Turner submitted a petition from merchants surrounding Long
John Silver's expressing their opposition to the requested modifi-
cation to permit a reduction in the required off-street parking
spaces from 19 to 9.
i02
Bakersfield, California, September 12, 1984 - Page 21
Mr. Tony Alvardo, owner of the dress shop directly
behind Long John Silver's, 3803 Ming Avenue, stated the parking
is inadequate during the holidays and weekends and expressed his
opposition to restriping the parking area for
felt the southwest area might end up with the
situation as the downtown area.
compact cars. He
same parking
No further protests or objections being received and
no one else wishing to speak in favor, Mayor Shell closed the
public portion of the hearing for Council deliberation and action.
Upon a motion by Councilman Ratty, decision of the
Board of Zoning Adjustment was upheld and Modification requested
by Long John Silver's, Inc., to permit the reduction of the required
off-street parking spaces from 19 to 9 in a C-2-D (Commercial -
Architectural Design) Zone, on that certain property commonly known
as 3801 Ming Avenue, was denied by the following roll call vote:
Ayes Councilmen Barton, Childs, Christensen, Moore, Payne,
Ratty, Rockoff
Noes None
Absent: None
This is the time set for public hearing before the
Council regarding the modification of Ordinance No. 1552 New Series
relating to the Cox Cable Television Franchise.
This hearing was duly advertised. The Ordinance was
given first reading at the meeting of August l, 1984.
The proposed changes prov£de for a greater franchise
lee payment to the City of Bakersfield, removal of advertising
restrictions and authorization for minimim rate increases.
City Attorney Oberholzer outlined several changes that
were made to the ordinance after meeting with Cox Cable Television.
The changes relate, basically, to tile issue of regulation of
charges, fees or rates. The original ordinance stipulated that the
Council regulates all rates and charges of the cable company. Ther,~
has been a decision by the Federal Communications Commission that
states that local entities, at this time, only have the power to
Bakersfield, California, September 12, 1984 - Page 22
regulate the basic subscriber services, only the local channels.
That may change at a later date and in order to incorporate the
ability of the Council to maintain control over rates and charges,
based on what may happen in
is called "basic subscriber
3 of the ordinance. Page 3
the future,
services."
talks about
the City has defined what
That definition is on Page
the power of the Council to
regulate and establish reasonable rates and charges. They have
been limited to the basic subscriber services and other rates and
charges, if not prohibited by Federal and State law. At this time,
all other rates and charges are prohibited from local regulation.
If it is changed at some future time that caa be incorporated. The
change on Page 4 is the same thing. Section 3 has been amended to
add Subsection (d) pursuant to tho agreement and report of the
Committee on August 1, 1984, that this would be a 5 year agreement.
There is a provision in the present 50 year franchise, that has
been in existence since 1967, that states that the City and/or
grantee, Cox Cable. has the right to request renegotiation of the
provision, based upon economic and technical changes. Both parties
have agreed[ as a result of the renegotiation, that there would be
no changes for the next five years of that present agreement.
Mayor She]] declared the hearing open for public partici-
pation.
Mr. Terry McNally, General Manager of Cox Cable Tele-
vision, stated the final revisions have been read and are acceptable.
The payments to the City, resulting from the agreement with Cox
Cable, will be paid in two installments. The first installment
will be paid as soon
later than October l,
appropriate interest,
thanked the City Attorney and Committee members who negotiated
agreement and stated they hope to continue to be a good cable
company for Bakersfield.
as possible and they will strive to pay no
1984. The second installment, with the
will be paid by April 1, ]985. Mr. MeNally
the
104
Bakersfield, California, September 12, 1984 - Page 23
No protests or objections being received and no one else
wishing to speak in favor, Mayor Shell closed the public portion
of the hearing for Council deliberation and action.
Upon a motion by Councilman Rockoff, Ordinance No. 2939
New Series of the Council of the City of Bakersfield amending
Section 1 (f), (j), and (k), Section 2 (e), (f) and (g), Section 3
(d), Section 9 (a), (b), and (c) and Section 14 (a) and (b) of
Ordinance No. 1552 New Series relating to Cable Television Franchise,
was adopted by the following roll call w)te:
Councilmen Barton, Childs, Christensen, Moore, Payne,
Ratty, Rockoff
Ayes:
Noes: None
Absent: None
NEW BUSINESS
Approval of Agreement with Earth-
metrics, Inc., for preparation of an
Environmental Impact Report (EIR) on
the Proposed Garces Traffic Circle
Improvement and relocation of Father
Garces Statue.
Three firms responsed to the City's request for proposals
to do an EIR on the Garces Traffic Circle project. Their proposals,
including costs and qualifications, were reviewed by a staff
screening psne]. Cost range from $26,130.00 to $21,850.00. Staff
recommends that Earthmetrics, Inc., of Burlingame be retained for
$21,850.00 to complete a Draft EIR for distribution within 90 days.
Sufficient funds are available in the project budget to cover the
cost.
Upon a motion by Councilman Christensen, Agreement with
Earthmetrics, Inc., for preparation of an Environmental Impact
Report (EIR) on the Proposed Garces Traffic Circle Improvement and
relocation of Father Garces Statue, was approved and the Mayor was
authorized to execute same.
ADJOURNMENT
There being no further business to come before the
Bakersfield, California, September 12, 1984 - Page 24
105
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 8:50 P.M.
MAYOR of t~ City of Bakersfield,
Calif.
ATTEST:
CITY CLEI~K and Ex Officio Clerk of the Council
of the City of Bakersfield, California
ma
106
Bakersfield, California, September 19, 198,4
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., September 19, 1984.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Inw)cation by Dr. Clyde Wasdin of
the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Hayor She]]. Councilmen Childs, Christensen,
Councilman
Minutes of
Absent: Barton
Regular
approved as presented.
Ratty, Rockoff
Meeting of August 29,
Moore, Payne
1984, were
need for
mated retail price is $32,000 and wholesale price is $27,000. It
was the CommJttee's decision at that time, that this item be placed
in the Auditorium budget. The piano was placed in the budget, but
was red lined by staff. Councilman Christensen read a letter from
the Kern Iligh Schoo] District indicating they would be very reluc-
tant to continue to make their piano available to the City, as they
have done in the past, as the District no longer wished to take the
risk involved in moving the instrument From the school to the Civic
Auditorium. The District hopes the City will see the value o£
acquiring their own instrument. Councilman Christensen further
stated he met with City Manager Caravalho, Mr. Pete Jones, President;
and Hr. John Farrer, Director of the Bakersfield Symphony Orchestra,
and after much discussion, City Manager Caravalho stated he hoped
the Council would approve $20,000 out of the Council Centingency
Fund for the purchase of a concert grand piano. Mr. Jones and Mr.
Farrer stated they wou]d try to work with Civic Organizations to
raise the additional money needed.
Councilman Christensen made a motion to authorize the
appropriation of $20,000 from the Council Contingency Fund to be
COUNCIL STATEMENTS
Councilman Christensen stated the Auditorium and Community
Committee met during the Spring of 1983 and discussed the
a concert grand piano at the Civic Auditorium. The esti-
Bakersfield, California, September 19, 1984 - Page 2
107
used towards the purchase of a concert grand piano for the Civic
Auditorium.
Councilman Christensen made a motion to cut off debate.
This motion failed to carry by the following roll call w>te:
Ayes Councilmen Childs, Christensen, Moore
Noes Councilmen Payne, Ratty, Rockoff, Mayor Shell
Absent: Councilman Barton
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 Shell voted No.
After a length]y discussion,
stated that City Manager Caravalho is
Assistant City Manager Russell
in favor of purchasing a piano,
but it was his impression that this issue would not come before the
Council before the October 3, 1984, Council Meeting. There are
monies available in the Capita] Improvement Fund.
Acting Assistant City Manager Klimco stated he was asked
to check alternative sources of funding for this item. There is
money left in the Capital Outlay Fund, the balance has accrued from
projects coming in under cost. He stated he has prepared a memorandum
for City Manager Caravalho indicating the following alternative
sources of money: General Fund; Council Contingency Fund; Revenue
Sharing Funds and Capital Outlay Fund. It was going to be his recom-
mendation to preserve the Council Contingency and General Funds and
not use Revenue Sharing Funds because of the potential of having to
advertise. There is a balance left in the Capital Outlay Fund,
which the Council can use for just about any purpose at this time.
Councilman Ratty made a substitute motion to defer action
on allocation of $20,000 for a concert grand piano until the October
3, 1984 Council Meeting, at which time City Manager Caravalho will
have the opportunity to provide the Council w~th more Jn£ormation.
Upon a motion by Councilman Childs, the Council approved
a five minute recess at 7:30 P.M., by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Childs,
Councilman Ratty
Councilman Barton
Christensen, Moore, Payne, Rockoff
108
Bakersfield, California, September 19, 1984 - Page 3
Upon a motion by Councilman Ratty, action regarding allo-
cation of $20,000 for a coneert grand piano was deferred until the
October 3, 1984, Council Meeting, at which time City Manager Caravalho
will have the opportunity to provide the Council with additional
information.
Councilman Payne stated he was notified that Mr. Larry
Martin of Wildfire Art Galleries has been in contact with Mr. Roger
Penske. Mr. Penske has indicated that if the citizens of Bakersfield
are interested and will support a special recognition day for Mr.
Rick Meats when he returns, he would be willing to donate $10,000
for a worthwhile cause, such as a hospital wing, special facility
or something in the community to be named after Mr. Mears. tie would
also send the Pennzoil Racing Team and Indy 500 Cars to BakersField
For display and a community fund raiser. Councilman Payne indicated
Mr. Penske would be in touch with Mayor Shell's Office in the next
few days.
Upon a motion by Councilman Ratty. communication from
North Bakersfield Recreation and Park District, 405 Galaxy Avenue,
Bakersfield, dated September ll, 1984, regarding compensation for
developing properties, was referred to Business Development and
Growth Committee.
Mayor Shell complimented Fire and Development Services
Director Needham on the Monthly Activity Report included in the
Council packets this week, especially the status report on Major
Projects.
Councilman Rocko£f,
mittee, read Report No. 24-84
Cooper's Nursery, as [ollows:
REPORTS
Chairman of Budget and Finance Com-
regarding Truxtun Avenue Access for
On May 17, 1984, the Planning Commission approved
Tentative Parcel Map 7310 for the Cooper's Nursery
property located across Truxtun Avenue from the
City Corporation Yard. This Map was approved with
the condition that a median island be constructed
on Truxtun Avenue to prohibit left turns from the
property. If an access street and traffic signal
Bakersfield, California, September 19, 1984 - Page 4
were constructed to align with the main
entrance into the Corporation Yard, left
turns would be permitted. This alignment
would require negotiation with the City for
the acquisition of a 1.33 acre parcel from
the southeast corner of the City owned property,
which is presently being used as a road mixing
area.
During the last few months the Committee and
Staff have had several meetings with the
Developers regarding this matter. The Staff
has indicated that a traffic signal at the
entrance to the Corporation Yard would improve
the safety of slow moving vehicles leaving and
entering the Corporation Yard. In addition, a
signal at this location would provide controlled
access to the road mixing area and the old
archery range site as well as the Cooper's
property. Also, two existing driveway accesses
to Truxtun Avenue could be eliminated.
We have negotiated a va]ne of $133,000 for the
].33 acre parcel based on the appraisal of the
property. The Developers would be required to
construct the access road and traffic signal at
an estimated cost of $120,000. Their total
cost for the property would be $253,000. This
value per square foot compares faw~rably with
other sales of industrial zoned property in the
area. After the improvements are completed,
one-half of tho parcel would be dedicated to
the City as a street. The remaining one-half
would be utilized as part of their development.
Therefore, this Committee recommends that the
Mayor be authorized to sign a contract and grant
deed selling the above-described property to
Cooper's Nursery for $133,000 and construction
of an access road and installation of a traffic
signal, per approved plans.
Upon a motion by Councilman Rockoff, Budget and Finance
Committee Report No. 24-84, regarding Truxtun Avenue Access for
Cooper's Nursery, was accepted; a contract and grant deed selling
the above-described property to Cooper's Nursery in the amount of
$133,000, and construction of an access road and installation of
a traffic signal, per an,',roved ~)lans, was apnroved anJ the Mayor
authorized to execute same. _~{onies received from the sale of the
property to be set aside for the constructlon of the interchange
at Truxtun Avenue Extension and Mohawk Street.
Councilman Rockoff. Chairman of Budget and Finance Commit--
tee, read Report No. 25-84 regardin~; Business License Tax Audit, as
follows:
On May 30, 198,1, the City Cormoil approved
Agreement No. 84-116 with Municipal Resource
Consultants to provide a ~ales tax audit.
110
Bakersfield, California, September 19, 1984 - Page 5
Subsequent discussion between staff and MRC con-
cerning the possibility of extending MRC's
expertise into the area of Business License Taxes
resulted in a proposal from MRC. This proposal
provides for a fee of 30% of the first year's
license lax recovered from the unlJcensed business
submitted by MRC.
This Committee noted the possiblity of additional
revenue which otherwise would be lost. It is
important to note the fee is on a contingency
basis with no fees due MRC unless Business License
Tax revenue is recovered as a result or the audit.
Therefore, this Committee recommends the City
Council direct staff to prepare an amendment to
Agreement No. 84-116 with MRC to include Business
License Tax audit services and authorize the Mayor
to execute.
Upon a motion by Councilman Rockoff, Budget and Finance
Committee Report No. 25-84, regarding Business License Tax Audit,
was accepted; and staff directed to prepare an amendment to Agree-
ment No. 84-116 with Municipal Resource Consultants, to include
Business License Tax audit service, and the Mayor authorized to
execute same.
Councilman Rockoff, Chairman of Budget and Finance Commit--
tee, read Report No. 26-84, regarding amending the 1984-85 Operating
Budget for Parking Citation Process, as follows:
Parking citations for the City of Bakersfield
have been processed and c(~l]ected by the County
of Kern for several years. The County has
retained $1.00 per citation collected ~or the
Courthouse Construction Fund in addition to a
processing fee ol' 18.75%. The net proceeds were
remitted to the City as revenue.
In March of this year, the City was notified of
the County's intent to raise its processing fee
to 40% in order to cover its operating costs.
Alternative methods have been pursued to limit
the cost of collection, thereby insuring maximum
parking citation revenue.
On June 27, 1984, this Committee recommended and
this Council concurred that staff be directed to
negotiate a contract with Judicial Data ServJces
(dba Optimal Data Corporation) to provide parking
citation processing and collection services.
The adopted 1984-85 operating budget was prepared
on a basis consistent with previous years. This
budget provided for the "net" revenue approach,
in that amounts accruing to Kern County were
deducted from amounts collected prior to turnover
and revenue recognition.
Bakersfield, California, September 19, 1984 - Page 6
111
In accordance with Council direction, the
City has entered into a contract with Judicial
Data Services to provide parking citation proc-
essing and collection. All collections will
be remitted to the City and realized as revenue
in order to facilitate internal control and the
cost of services will be billed to the City.
While this change results in an increase Jn
revenues and expenditures, net revenues should
remain relatively constant.
Therefore, this Committee recommends the General
Fund 1984-85 operating hudget be amended to
reflect the estimated additional $78,000 parking
citation revenue and re]ated expenditures as
follows:
Increase estimated revenues-
Court fines - other than traffic
$78,000
Increase appropriations
Finance Department
Contributions to other
OIher outside services
agencies 34,125
43,875
Upon a motion by Councilman Rockof[, Budget and Finance
Committee Report No. 26-84, regarding amending the 1984-85 Operating
Budget for Parking Citation Processing, was accepted; and the General
Fund 1984-85 Operating Budget was amended to reflect the estimated
additional $78,000 Parking Citation Revenue and related expenditures.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
a) Allowance of Claims Nos. 998 'to 1205, inclusive,
in the amount of $547,051.7S.
b)
Claim for Damages and Personal Injuries from
Desiderio Vega, c/o Michael O. Daniels,
Attorney at Law, 1430 Truxtun Avenue, Suite
500, Bakersfield. (Refer to City Attorney)
c)
Public Utility Easement from Sill Properties,
Inc., providing an easement as required by
the Planning Commission for Parcel Hap 7048,
located at the southwest corner of Arrow Street
and Rio Mirada Drive.
(d)
Sewer Line Easement and a Sewer Line and Access
Easement from Atlantic Richfield Company, pro-
viding easements for sewer lines and access as
required by the Planning Commission for Parcel
Map 7353, located on the west side of South
"H" Street from White Lane to Pacheco Road.
(e)
Public Utilities Easements to Pacific Gas and
Electric Company from the City of Bakersfield.
Provides easements for underground utilities as
required by the Planning Commission for Tracts
4612, 4608, 4561 and 4494, located in City-owned
landscape areas along the east side of Old River
Road between Ming AVenue and White Lane.
112
Bakersfie]d, California, Sel~tember 19, 1984 - Page 7
(f) Notice of Completion and Acceptance of Work
on the following:
(1) Tract No. 4632, Contract No. 84-9~ with
Tenneco Realty Development Corporation,
located at Sage Driw- and Rosemary Court.
(2) Tract No. 4612, Contract No. 83-190,
Tenneco Realty Development Corporation,
located at Old River Road and White Lane.
with
(3) Tract 4568 Unit 2, Contract No. 83-175,
with Tenneco Realty Development Corporation,
located at Kro]] Way and Gosford Road.
(4) Parcel Map No. 6722, Contract No. 83-178,
with Tenneco Realty I)evelopment Corporation,
located at Chinon Street and Limoges Way.
(5) Parcel Map No. 6791, Contract No. 83-154,
with Tenneco Realty Development Corporation,
located at Truxtun Avenue and Mohawk Street.
Application for Encroachment Permit from
Frank Meraz, 2300 Teresa Court, Bakersfield,
for construction of a 35 inch high masonry
retaining wall with a 6 foot high fence
located behind the sidewalk on Dolfield Street
at 2300 Teresa Court.
(h)
Plans for Traffic Signal Systems at White
lane and Fambrough Drive; White Lane and
Stine Road; and Planz Road and Stine Road.
Upon a motion by Councilman Rockoff, Items (a), (b), (c),
(d), (e), (f), (g) and (h) of the Consent Calendar, were adopted
by the following roll call vote:
Ayes: Councilmen Childs, Christensen, Moore, Payne, Ratty,
Rockoff
Noesl None
Absent: Councilman Barton
ACTION ON BIDS
Upon a motion by Councilman Moore, low bid of Micon
Construction Company, in the amount of $172,685.00, for Wastewater
Treatment Plant 3 Lagoon Modifications, was accepted, all other
bids rejected and the Mayor authorized to execute the contract.
Upon a motion by Councilman Christensen, low bid of
Jim's Supply for Schedules 1 and 2, in the amount of $6,080.00,
to ['urnish structural steel and hardware For Central Park Foot
Bridge, was accepted, and all other bids rejected.
Bakersfield, California, September 19, 1984 - Page 8
113
Upon a motion by Councilman Ratty, bids for Firehose
Drying Tower were referred to Budget and Finance Committee.
NEW BUSINESS
Adoption of Resolution No. 78-84 of the
Council of the City of Bakersfield approv-
ing and authorizing the execution of a
Fourth Implementation Agreement to the
Disposition and Development Agreement by
and between the Bakersfield Redevelopment
Agency and Bakersfield Metropolitan
Association.
Due to a real or imaginary conflict of interest, Council-
man Retry stated he would not participate in the discussion of the
following matter.
This Agreement amends the schedule and language pertain-
ing to the land purchase for the hotel project. This Agreement
does not involve a change in financing or the level of the Agency's
participation. Therefore, a public hearing is not required.
Upon a motion by Councilman Moore, Resolution No. 78-84
of the Council of the City of B~kersfield approving and authorizing
the execution of a Fourth Implementation Agreement to the Disposition
and Development Agreement by and between the Bakersfield Redevelop-
ment Agency and Bakersfield Metropolitan Association was adopted by
the following roll call vote:
Ayes: Councilmen Childs, Christensen, ~loore Payne, Rockoff
Noes: None
Absent: Councilman Barton
Abstaining: Councilman Retry
Approval of Agreement with Ed Rodgers
Auctioneer, for rental of property
located at 16th and "S" Streets.
As on previous occasions, Ed Rodgers, Auctioneer, is
requesting to rent the City property at 16th and "S" Streets (Old
City Corporation Yard), for a public auction.
City staff considers a daily rental of $75.00 to be
acceptable and would recommend Coun(~il approval.
114
Bakersfield, California, September 19, 1984 - Page 9
Upon a motion by Councilman Childs, Agreement: with
Ed Rodgers, Auctioneer for rental of' property located at 16th and
"S" Streets. was approved and the Mayor authorized to execute same.
ADJOURNM~;NT
There being no further business to come before the
Council, upon a motion by Councilman Chri.~tensen, the meeting was
adjourned at 8:10 P.M.
MAYOR of the~ ]~ity of Bakersfield, Cali~.
/
ATTEST:
CITY CLER?[ and Ex Officio Clerk of the Council
of the City of Bakersfielci, Ca]if,~rnJa
CW