HomeMy WebLinkAboutJAN - MAR 1983Bakersfield, California, January 5, 1983
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., January 5, 1983.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Reverend Herb Smith
of the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Barton, Christensen, Payne,
Ratty, Rockoff, Strong
Absent: Councilman Means
~inutes of the special meeting of December 7, 1982, and
regular meetings of December 8 and 15, 1982, were approved as
presented.
CITIZEN COMMENDATIONS
Police Chief Price stated on December 8, 1982, at 1:20 A.M.,
a male subject entered a local convenience store for the purpose of
commiting an armed robbery. That suspect stabbed a female clerk
numerous times and while she was severely injured he attempted to
rape her. Three citizens came to the aid of this victim. Mary
Turner came in with her boyfriend and rendered aid to the victim
and called the police, while her boyfriend Mark ~¥esthoff, at the
risk of his personal safety, chased the suspect and took him into
custody. A third citizen, Cory Walsh, observed Mr. Westhoff
fighting with the suspect and also called the police. Each of
these three people are worthy of the Mayor's Commendation and Mr.
Westhoff should receive some very special award because had he not
captured the suspect the case may have been a homicide.
Mayor Shell presented a plaque to Mary Turner in recog-
nition of her willingness to become involved and help the victim
of a violent crime.
Mayor Shell presented a plaque to Mark Westhoff in recog-
nition of his extraordinary bravery and complete disregard for his
own safety in coming to the aid of a severely wounded victim of a
violent crime.
Bakersfield, California, January 5, 1983 - Page 2
Mr. Cory Walsh was not present at the Council )~eeting to
receive his award.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
the State Department of Water Resources, dated December 13, 1982,
urging the enactment of Well Construction Ordinances to preserve
the quality of ground water supplies for the benefit of constituents,
was received and referred to the Water Resources Department.
Upon a motion by Councilman Rockoff, communication from
the Greater Bakersfield Chamber of Commerce, dated December 17,
1982, congratulating the Mayor and Council on the signing of the
agreement with Bakersfield Metropolitan Associates, Inc., enabling
further progress toward a new convention hotel for downtown, was
received and ordered placed on file.
After discussion, upon a motion by Councilman Christensen,
communication from the Kern County Board of Supervisors, dated
December 17, 1982, requesting a waiver of fees for use of the Civic
Auditorium in connection with the Business Outlook Conference, was
received and the request to waive the fees was denied because it
will set a precedent.
Upon a motion by Councilman Payne, communication from
John R. Wilson, LLM & Associates, dated December 30, 1982, requesting
an amendment to the General Plan for six areas located generally
north of Sundale Avenue, largely west of Pebble Beach Drive, on
areas of the Kern City Golf Course, comprising a total of 9.529
acres of land, was received and referred to the Planning Commission
for study and recommendation.
Upon a motion by Councilman Payne, communication from
the Kern County Board of Supervisors, dated January 3, 1983,
notifying the City that they intend to consider one or more contracts
under the provisions of the California Land Conservation Act of
1965, also known as the Williamson Act, was received and referred
to staff.
Bakersfield, California, January 5, 1983 - Page 3
CLOSED SESSION
Upon a motion by Councilman Christensen, the Council
recessed to a Closed Session at 7:20 P.M. to discuss a personnel
matter. The regular meeting was reconvened at 7:45 P.M.
COUNCIL STATEMENTS
Upon a motion by Councilman Ratty, due to the death of
Mr. George H. Barnett, Sr., Mr. John Chafin, 2201 Wilson Road, was
appointed as a member of the Kern Mosquito Abatement District,
Board of Trustees, term expiring December 31, 1983; and the Mayor
was requested to write a letter to the Kern County Board of Super-
visors requesting that Mr.
replacement as a Member of
Councilman Ratty
Chafin be appointed as Mr. Barnett's
the Kern River Levee District.
announced that he intends to nominate
Mr. Kenneth E. Vetter for reappointment to the Police Department
Civil Service Board at the next Council Meeting.
Councilman Ratty stated further access roads to the
Truxtun Avenue Extension are being proposed and he feels, due to
future development in this area and traffic problems in the south-
west, that this street should remain a thoroughfare to handle the
traffic in an expeditious manner.
Upon a motion by Councilman Ratty the matter of assuring
that the Truxtun Avenue Extension remain a thoroughfare to handle
future traffic in the southwest area be referred to the Budget
Review and Finance Committee for study and recommendation.
Councilman Christensen stated a recent court decision
commanded that the City of Bakersfield rescind its approval of
Tract No. 4179A, unless or until the map for that tract provides
for the dedication of a public easement along that portion of the
bank of the Kern River bordering or lying within the tract. In
addition the court ordered that the parties filing the lawsuit prepare
documentation to command the City of Bakersfield to rescind its
approval of Tract No. 4179A, unless or until that map of Tract No.
Bakersfield, California, January 5, 1983 - Page 4
4179A provides for the dedication of the public easement along that
portion of the bank of the Kern River bordering or lying within the
tract. When the Council votes to spend money for surveys that cost
$30,000, $50,000, etc., the taxpayers moan and groan with disgust.
In addition, the court ordered the City of Bakersfield to pay
reasonable Attorney's fees for the cost incurred by the parties
filing the lawsuit. Those parties were represented by six Attorneys
from four different law firms in the Bakersfield area. The Attorney
from the Kern River Group claims
where between $40,000 to $50,000.
the Judge may grant only $35,000,
that their fees ranged from some-
They may apply for $50,000, but
however, that is still quite a
price to pay.
Bakersfield or
further up the
Is this episode being carried on for the City of
George Nickel? It appears this is going to be carried
line in the courts and it should be done by Mr. Nickel
and not the City of Bakersfield.
Councilman Christensen made a motion that the City
Attorney be instructed to explore the possibility of settling the
lawsuit with the Kern River people, rather than incurring additional
Attorney's fees and costs associated with an appeal of that action.
Councilman Ratty stated the Committee he was on, regarding
this matter of access to the Kern River, felt it was in the public
interest and not for Mr. Nickel. They were trying to give the
public the most access they could achieve. The Attorney's advice
was followed and they felt they had something very workable and
would help the public, as well as the landowners.
City Attorney Oberholzer stated Councilman Christensen
misstated the law, there are no Constitutional issues with respect
to the Subdivision Map Act. There are Constitutional issues with
respect to access to the river. There is not an absolute mandatory
requirement for access from the roadway to the river and the court
did not even find that particular aspect of it. The Attorney's
Office still believes the court is incorrect. The court did talk
Bakersfield, California, January 5, 1983 - Page 5
about Constitutional issues and he feels they were mixed up on what
the issue really was. The Committee and Attorney's Office worked
for a long time with both the Attorney General's Of£ice and State
Lands Commission on the original plan that was presented to the
Council. The Attorney's Office is still hopeful the Attorney
General's Office will join the City on the appeal for this particular
case. However, there has been a change at the Attorney General's
level and the City does not know if they have the same philosophy.
They have been contacted and requested a record to review in order
to decide whether or not they want to get involved. The League of
California Cities will probably be interested in this decision.
This decision changes the approach local governments have been using
with respect to subdivisions along rivers for the past l0 years.
It is a matter of State-wide concern and either the Appellate Court
will overturn the decision of the Kern County Superior Court or the
State Legislature will look at it and say the way the court inter-
preted this particular section is not the way it was intended. The
reason he says that, is because, the Council gave the public something
more than they could have ever gotten through the strict inter-
pretation of the provisions of State Law as the Judge interpreted
them. The subdivision consists of only ll acres and this Council
obtained, for the public, 5 acres of public land from the developer.
There is no way that the Council, in approving a subdivision, could
require a developer to give up 5 acres of his ll acres of land
without the court saying that is an unreasonable taking of land for
a particular subdivision. The subdivision fronts the river by only
1,200 feet and the developer gave nearly 1,200 feet o£ river frontage.
The Attorney's Office feels the court was wrong and would like to
pursue the matter.
The Attorney representing the plaintiff appeared before
the Council, during the public hearing on this matter, and three
times urged the Council to approve the subdivision with the trade
Bakersfield, California, January 5, 1983 - Page 6
for the 5 acres and this was pointed out to the court in the
transcript of that hearing. Two months later he filed a suit
against the City for doing the very thing that he urged the Council,
three times, to do.
The Attorney's Office feels that when the court considers
that, they will consider the fact that when a Council takes the
recommendation of an Attorney and two months later he sues the City
on the recommendation he gave, perhaps his fees should not be as
great as he would like. The Attorney's Office position, right now,
is they intend to pursue this matter through the Appellate level,
because it is a matter of State-wide concern.
Councilman Christensen requested that the City Attorney
submit a report on what this matter will cost the City by the
time it is completed. Money is going to be very tight during this
coming year and he does not feel the City
additional fees.
City Attorney Oberholzer stated,
should pay $65,000 in
in this particular case,
the developer paid all the costs of this case, so far. He hired
Attorneys and they hired Consulting Attorneys and they prepared
the documentation for the court at their expense, not the City's.
The City provided some legal services because of expertise in this
field.
During discussion City Attorney Oberholzer stated more
information will be available as they proceed on this case and he
will be glad to share it with the Council in Closed Session, instead
of publicly reviewing what the plans and strategy wil2 be. Unless
the Council gives contrary directions tonight, the Attorney's Office
will begin the process of filing an appeal.
After a lengthy discussion, Councilman Christensen's
motion that the City Attorney be instructed to explore the possi-
bility of settling the lawsuit with the Kern River people, rather
than incurring additional Attorney's fees and costs associated with
Bakersfield, California, January 5, 1983 - Page 7
an appeal of that action, failed to carry by the following roll
call vote:
Ayes
Noes
Councilman Christensen
Councilmen Barton, Payne, Ratty, Rockoff, Strong
Absent: Councilman Means
Councilman Payne read a memorandum from Chief of Police
Price, dated December 29, 1982, regarding Major Blackout in the
City of Bakersfield, as follows:
On December 22nd we had a major blackout within
the City of Bakersfield, which covered most of
Kern County, a good part of California, and
parts of several other States.
At 4:30 P.M. we first began experiencing power
loss in various parts of the City. Shortly
after 5:00 P.M., the entire metropolitan area
and a good part of Kern County completely lost
power. Shortly after we were informed of the
magnitude of the power outage and remembering
what had occurred in New York City when they
had a similar situation, we initiated an
immediate call-out.
The call-out went very smoothly and within 45
to 60 minutes we had 155 Police Officers on the
streets, many of them walking in the major
business sections such as downtown, Baker Street,
Lakeview and the major shopping areas, such as
Valley Plaza. Fortunately, power was restored
within the City two or three hours later.
We expended approximately 240 overtime hours,
with 90 personnel being called in on overtime.
Twenty-four reserve officers also responded,
many of them without being called. The total
cost for overtime for this call-out was about
$4,000. If we had to pay the reserves, it would
have cost an additional $1,200. All of the
officers who were called in on overtime, except
for those who were scheduled to work later in
the evening, were released as soon as possible.
As a result of the quick action taken and the
number of officers on the streets during the
blackout, the City of Bakersfield experienced
no blackout-related criminal incidents. We did
have seven traffic accidents which, considering
the magnitude of the blackout and the fact that
every signalized intersection in town was out,
certainly is not bad. There was one window-
smash in the metropolitan area, but not within
the City.
If you will recall some news articles, they had
considerable criminal activity in San Francisco
190
Bakersfield, California, January 5, 1983 - Page 8
and, of course, when they had a blackout in
New York, it was a disaster.
Councilman Payne commended the various law enforcement
agencies, fire departments, utility companies, ambulance services
and civilians for the quick preventive measures taken to alleviate
any major incidents or criminal activities.
Adoption of Emergency Ordinance No.
2798 New Series of the Council of
the City of Bakersfield amending
Title Five of the Bakersfield Muni-
cipal Code by amending Section
5.40.030 relative to the Closing
Hours of Pool Halls.
Councilman Payne stated the current ordinance states that
if there are pool tables on the premises the business must close
between the hours of 2:00 A.M. and 6:00 P.M. and this is causing
problems for some restaurants and their employees. Councilman
Payne requested that a clause be added to the ordinance that states,
"The closing hours provided in this section shall not apply to an
establishment having four or less pool tables where the establish-
ment is a restaurant or cafe which remains open to the public for
twenty-four hours per day."
Upon a motion by Councilman Payne, Emergency Ordinance
No. 2798 New Series of the Council of the City of Bakersfield
amending Title Five of the Bakersfield Municipal Code by amending
Section 5.40.030 relative to the Closing ttours of Pool Halls, was
adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Payne, Ratty, Rockoff,
Strong
Noes: None
Absent: Councilman Means
Councilman Barton stated the Council received a memorandum
from Police Chief Price to City ~anager Kelmar regarding Truck
Routes and Parking. The memorandum states the ordinance governing
Truck Routes and Parking is outdated and made a motion that the
matter be referred to the Business Development and Parking Committee
Bakersfield, California, January 5, 1983 - Page 9
19!
for study and recommendation back to the Council. This motion was
unanimously approved.
REPORTS
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 1-83 regarding Community Develop-
ment Block Grant Rehabilitation Loan Program, as follows:
Staff presented proposals to this Committee
that it felt would improve the City's ability
to provide rehabilitation assistance to owners
of deteriorated housing units under the existing
programs. Some of the programs have been
operating for about four years, while others
are new. We have offered 4% loans up to
$15,000 and deferred loans up to $7,500 as the
principal assistance for rehabilitating owner
occupied structures. The following recommenda-
tions were discussed:
1. In order to completely rehabilitate structures
that are substantially deteriorated, it was recom-
mended that the 4% loan maximum be increased to
$27,000 and the deferred loan maximum be increased
to $10,000. Appraisals would continue to be used
to assure the total loans on the property do not
exceed the value of the property. The increase
would provide the additional funds necessary for
those cases where $15,000 would not completely
rehabilitate the structure beyond the sometimes
less visible code items.
2. The City of Bakersfield was awarded 23
Section 8 Housing Certificates under the HUD
Rental Rehabilitation Demonstration Program.
The program combines the services of lenders,
public housing authorities and community develop-
ment departments to rehabilitate rental housing
and keep them affordable. One of the require-
ments for participation in the program is the
execution of a memorandum of understanding
between the City and the Kern County Housing
Authority. The memorandum has been reviewed
by the City Attorney's Office and found to be
acceptable as to form and content.
The availability of funds for commercial reha-
bilitation in Census Tract 22 was also discussed
at the meeting. Since this area is under study,
as is Downtown Bakersfield, it was recommended
that the implementation of the program be post-
poned, as it was for the Downtown Redevelopment
Project Area, pending the finalization of the
revitalization strategy for the Lakeview Area.
Therefore, this Committee recommends:
The staff be authorized to increase the 4%
loan maximum to $27,000 and the deferred
loan maximum to $10,000.
192
Bakersfield, California, January 5, 1983 - Page l0
The Mayor be authorized to execute the
Memorandum of Understanding between the
Kern County Housing Authority and the
City.
The implementation of the Commercial
Rehabilitation Loan Program in Census Tract
22 be postponed until the finalization of
the Lakeview Neighborhood Revitalization
Strategy.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 1-83 regarding Community Development
Block Grant Rehabilitation Loan Programs, was accepted; staff was
authorized to increase the 4% loan maximum to $27,000 and the
deferred loan maximum to $10,000; the Mayor was authorized to
execute the Memorandum of Understanding between the Kern County
Housing Authority and the City of Bakersfield; and implementation
of the Commercial Rehabilitation Loan Program in Census Tract 22
was postponed until finalization of the Lakeview Neighborhood
Revitalization Strategy.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3425 to 3899,
inclusive, in the amount of $1,938,114.88.
(b)
Claim for Damages and Personal Injuries
from Gladys J. Boone, 5261Stine Road
#12, Bakersfield. (Refer to City Attorney)
(c)
Claim for Damages and Personal Injuries
from Harry Lacy Cessna, 1009 Ming Avenue,
Bakersfield. (Refer to City Attorney)
(d)
Claim for Damages from Hattie Porter,
Tamara Lynn Holford, Destiny Lynn Holford,
(unborn) Holford, mother and children of
deceased Columbus Holford, c/o Eugene R.
Lorenz, 1227 California Avenue, Bakers-
field. (Refer to City Attorney)
(e)
Claim for Damages from Paul E. Peterson,
3000 South Chester Avenue, Space 28,
Bakersfield. (Refer to City Attorney)
(f)
Claim for Damages and Personal Injuries
from James F. Bahr, 2118 Bank Street,
Bakersfield. (Refer to City Attorney)
(g)
Claim for Damages from Mary Blankenship,
c/o Law Offices of George A. Boyle, 416
Truxtun Avenue, Bakersfield. (Refer to
City Attorney)
Bakersfield, California, January 5, 1983 - Page ll
193
(h)
(i)
(J)
(k)
(i)
(m)
(n)
(o)
(P)
(q)
Claim for Damages from James Clawson, c/o
Law Offices of George A. Boyle, 416 Truxtun
Avenue, Bakersfield. (Refer to City
Attorney)
Claim for Damages from Mike Grimley, c/o
Law Offices of George A. Boyle, 416 Truxtun
Avenue, Bakersfield. (Refer to City
Attorney)
Claim for Damages from Penny Clawson, c/o
Law Offices of George A. Boyle, 416 Truxtun
Avenue, Bakersfield. (Refer to City
Attorney)
Claim for Damages and Personal Injuries
from Eleanor L. O'Keefe, 3608 Candlewood
Drive, Bakersfield. (Refer to City
Attorney)
Claim for Damages from James Philip Wood,
2931 Chester Lane, Bakersfield. (Refer
to City Attorney)
Street Right-of-Way Deed £rom Muzko Veg,
Inc., providing dedication of a portion
of Wible Road, north of Pacheco Road, to
permit widening of Wible Road to its
design width.
Quitclaim Deeds from Central California
Oil Company, Keith and Mack Oil Company,
Hugh R. Hollembeak and Dorothy D. Howell
in exchange for releasing any claims for
interest in methane gas created as a
result of disposal of solid waste at the
Sanitary Landfill, the City will release
the leaseholder from any liability which
might arise £rom the 1and£ill gas.
Line of Sight Easements from Anglen and
Moreland Development as required by the
Planning Commission for Parcel Map No.
6788, located on east side of westerly
intersection of Easton Drive and California
Avenue.
Street Right-of-Way Deed from Lowell L.,
Ray R. and Hale H. Costerisan providing
for dedication of portions of Wible Road,
north of Pacheco Road, to permit widening
of Wible Road to its design width.
Easement from the City of Bakersfield to
County of Kern for construction of a
storm drain pipeline between the Oildale
Drive Drainfield and the Kern River.
This pipeline will be installed across
City owned river property east of the
Southern Pacific trestle. The County
will be responsible for all maintenance
of the pipeline and outlet structure.
194
Bakersfield, California, January 5, 1983 - Page 12
(r)
(s)
(t)
(u)
(v)
(w)
(x)
Easement from the City of Bakersfield to
Pacific Gas and Electric Company providing
right-of-way across portions of Waste-
water Treatment Plant No. 3 for installa-
tion of electrical facilities to serve the
Anheuser-Busch Irrigation Facility.
Application for Encroachment Permit from
Bob Engel/Egan Gost, Box 6146~ Bakers-
field, for construction of a roof and
fascia overhang at llll - 19th Street.
Application for Encroachment Permit from
Kidd's Communications, Inc., 215 East
18th Street, Bakersfield, for construction
of a landscaped planter area 9 feet behind
curbline at 215 East 18th Street, level
with sidewalk.
Application for Encroachment Permit from
San Joaquin Community ttospital, 2615 Eye
Street, Bakersfield, for construction of
a three foot second floor projection over
the property line for a new intensive
care unit addition on the north side of
26th Street, between "H" and Eye Streets.
Plans and Specifications for construction
of the Fairview Planned Drainage Improve-
ments, Phase I.
Contract Change Order No. 1 to Contract
No. 82-94 with Smith Electric Supply for
Traffic Signal System and Street Modifi-
cations at Auburn and Oswell Streets,
Wilson Road and Real Road, Stockdale
Highway and California Avenue and
California Avenue and Oak Street. This
Change Order provides for removal of an
existing signal pole foundation and
installation of a larger foundation at
the northwest corner of Auburn and Oswell
Streets. This change was necessary
because of existing underground utility
locations. The total change in contract
price due to this Change Order is
$1,950.28, for a total contract price of
$164,117.28. Funds for this increase are
not budgeted, but available from savings
on completed signal projects.
Contract Change Order No. i to Contract
No. 82-197 with The Asphalt Paving Co.,
for construction of a reinforced concrete
box culvert at Stine Road and Farmer's
Canal. This project provides for
widening Stine Road from two to four
travel lanes. In exchange for right-of-
way dedication the City was to construct
concrete curbs and gutters and street
paving. The property owner has now
requested that the culvert be extended
in lieu of street improvements. The
Bakersfield, California, January 5, 1983 - Page 13
I9.5
Upon
(d), (e), (f),
(q), (r), (s),
were adopted by
Ayes:
Noes:
Absent:
(x) CONTINUED
cost of the extension is $3,360, which
is slightly less than the original proposal.
In addition, due to a drafting error, in-
sufficient steel was specified for the
floor slab of the culvert. Additional
bar reinforcing is required at a cost of
$2,248.
Total cost of the Change Order is $5,608,
which increases the contract cost to
$91,773. Funds are available as the bid
on the box culvert was below the amount
budgeted.
a motion by Councilman Barton, Items (a), (b), (c),
(g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(t), (u), (v), (w) and (x) of the Consent Calendar,
the following roll call vote:
Councilmen Barton, Christensen, Payne, Ratty, Rockoff,
Strong
None
Councilman Means
ACTION ON BIDS
Upon a motion by Councilman Rockoff,
Manufacturing Company,
loading refuse trucks, was
Upon a motion by
Hatch & Associates, in the
low bid of EMCO
in the amount of $142,093, for two side
accepted and the other bid rejected.
Councilman Christensen, low bid of
amount of $4,155.20, for picnic table
frames, was accepted and the other bid rejected.
Upon a motion by Councilman Strong, bid of Mr. Air Sweeper
of San Jose, in the amount of $27,245.18, for industrial air sweeper,
was accepted, all other bids rejected and authorization granted to
use $8,245.18 available in that account due to savings on other
purchases.
Upon a motion by Councilman Payne,
Sales, in the amount of $21,174.96, for two
Department and one for the Parks Division), was
other bids rejected.
low bid of Motor City
vans (one for the Police
accepted and all
Bakersfield, California, January 5, 1983 - Page 14
Upon a motion by Councilman Payne, low bid of James G.
Francis, Contractor, in the amount of $286,686.80, for resurfacing
Belle Terrace, Oak Street and New Stine Road, was accepted, all
other bids rejected and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Barton,
West Coatings, in the ~mount of $22,9?7, for
various Fire Stations in the City of Bakersfield,
all other bids rejected.
Upon a motion by Councilman Christensen, low bid of
Halprin Supply Co., in the amount of $8,548.90, for pressure
demand regulators and spare cylinders for Fire Department Breathing
Apparatus, was accepted and the other bid rejected.
Upon a motion by Councilman Payne, low bid of ttarold's
Air Conditioning, in the amount of $7,795, for purchase and
installation of Air Conditioning Coolers for Corporation Yard,
was accepted and all other bids rejected.
DEFERRED BUSINESS
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield located south of State
Route ~78 and west of Oswell Street.
(Conditional)
The application for this amendment was made by East
Bakersfield Associates and would change subject property from an
R-1 (One Family Dwelling) Zone to a C-2 (Commercial) Zone.
The Planning Commission recommended approva~ of this
amendment with five conditions that are acceptable to the applicant.
First reading of this Ordinance was deferred from the
Council Meeting of December 15, 1982, at the request of the
applicant.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
low bid of Associated
interior painting at
was accepted and
Bakersfield, California, January 5, 1983 - Page 15
197
changing the Land Use Zoning of those certain properties in the
City of Bakersfield located south of State Route 178 and west of
Oswell Street. (Conditional)
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Sections 5.50.160 B. and
5.50.280 of Title Five of the Bakers-
field Municipal Code permitting the
Leasing of Taxicabs.
On December 13, 1976, the City Council directed that the
City's Taxicab Ordinance be modified to allow the leasing of taxi-
cabs. The Ordinance, however, was never modified and the taxicab
companies have requested that the modification be made.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Sections 5.50.160 B.
and 5.50.280 of Title Five of the Bakersfield Municipal Code
permitting the Leasing of Taxicabs.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code by changing
the Land Use Zoning of that certain
property in the City of Bakersfield
located at 5100 District Boulevard.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject property
from an M-1 (Light Manufacturing) Zone to an M-2 (General Manu-
facturing), or more restrictive Zone.
The Planning Commission recommended approval of this
amendment.
First reading was considered given an Ordinance of the
Counci~ of the City of Bakersfield amending Title Seventeen of the
Bakersfield Municipal Code by changing the Land Use Zoning of that
certain property in the City of Bakersfield located at 5100 District
Boulevard.
Bakersfield, California, January 5, 1983 - Page 16
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code by changing
the Land Use Zoning of that certain
property in the City of Bakersfield
located southerly of Stockdale High-
way, approximately one-quarter mile
west of Allen Road.
The application for this amendment was made by Harold
Robertson and would change subject property from an R-S (Residential
Suburban) Zone to an R-1 (One Family Dwelling), or more restrictive
Zone.
The Planning Commission recommended approval of this
amendment.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Title Seventeen of the
Bakersfield Municipal Code by changing the Land Use Zoning of that
certain property in the City of Bakersfield located southerly of
Stockdale Highway, approximately one-quarter mile west of Allen
Road.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Sections 17.42.040 D.,
17.44.020, 17.44.030 B., 17.44.040
A.1., 17.44.040 B., 17.44.060 A.,
and 17.44.070 of the Bakersfield
Municipal Code relative to FP-P
(Floodplain Primary) and FP-S (Flood-
plain Secondary) Zones.
This Ordinance revises Chapter 17.42 of the Bakers£ield
Municipal Code to permit the FP-S (Floodplain Secondary) Zone to
be applied to property within the Floodplain Secondary without an
underlying zone designation. The FP-S Zone has been strictly an
Overlay Zone. This Ordinance also amends certain provisions in
that chapter to insure that the location of new drilling sites will
not interfere with waterflow in natural sloughs or channels within
any groundwater recharge basin. Makes other technical revisions.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Sections 17.42.040 D.,
Bakersfield, California, January 5, 1983 - Page
17.44.020, 17.44.030 B., 17.44.040 A.1., 17.44.040 B., 17.44.060 A.,
and 17.44.070 of the Bakersfield Municipal Code relative to FP-P
(Floodplain Primary) and FP-S (Floodplain Secondary) Zones.
Adoption of Resolution No. 1-83
approving Agreement and appointing
Financial Consultants for Assessment
District No. 82-1 - City of Bakers-
field - Stockdale Sewer.
The total assessment for the Stockdale Sewer Trunkline
Project (Assessment District No. 82-1), is currently estimated to
be in excess of $7,500,000, which will make the bond sale for the
project one of the major assessment issues for California in 1983.
Given the size of the issue and recent improvements in the bond
market, staff concluded that it would be beneficial to the project
to retain the services of an experienced Municipal Financing
Consulting Firm. This specialized consultant would assist staff
in preparing financial information relevant to the official state-
ment and in presenting the bond offering to obtain the lowest
possible interest rate on the issue.
The qualifications and experience of Battle Wells Associates
have been reviewed and a meeting held with Mr. Gaffney, President of
their firm. In addition, Mr. Gaffney met with representatives of
Tenneco Realty Development Corporation to review the scope of
municipal financing consulting services they propose to provide
for the project. Tenneco has guaranteed payment of all consultant
services costs incurred for Assessment District No. 82-1.
Upon a motion by Councilman Christensen, Resolution No.
1-83 approving Agreement and appointing Financial Consultants for
Assessment District No. 82-1 - City of Bakersfield - Stockdale
Sewer, was adopted and the Mayor authorized to execute the Con-
sulting Services Agreement,
Ayes: Councilmen Barton,
Strong
Noes: None
Absent: Councilman Means
by the following roll call vote:
Christensen, Payne, Ratty, Rockoff,
2OO
Bakersfield, California, January 5, 1983 - Page
Adoption of Resolution No. 2-83 of
the Council of the City of Bakers-
field amending Resolution No. 114-82
setting salaries and related benefits
for Officers and Employees of the City
of Bakersfield.
This resolution establishes the salary levels for the
reorganized positions within the Water Department as previously
adopted by Ordinance No. 2787.
Upon a motion by Councilman Payne, Resolution No. 2-83
of the Council of the City of Bakersfield amending Resolution No.
114-82 setting salaries and related benefits for Officers and
Employees of the City of Bakersfield, was adopted by the following
roll call vote:
Ayes: Councilmen Barton, Christensen, Payne, Ratty, Rockoff,
Strong
Noes: None
Absent: Councilman Means
Approval of Correction to Deed from
Tenneco Realty Development Corpora-
tion to the City of Bakersfield for
river property located between
Chester Avenue and ~anor Street.
The deed from Tenneco for river property located between
Chester Avenue and Manor Street was received, accepted and recorded.
in execution of a property exchange between Tenneco and the City,
approved by the Council on November 17, 1982. Tenneco has advised
staff that the deed erroneously included an exception in the legal
description. As a result, the description in the deed recorded
does not include all the property Tenneco was to transfer to the
City. Upon Council approval, the deed will be corrected by striking
the exception from the description and rerecorded.
Upon a motion by Councilman Barton, Correction to Deed
from Tenneco Realty Development Corporation to the City of Bakers-
field for river property located between Chester Avenue and Manor
Street, was approved and the Mayor was authorized to execute a
Certificate of Acceptance.
Bakersfield, California, January 5, 1983 - Page 19
20l
Approval of Increase in City's share
of costs for Agreement No. 82-78 with
the County of Kern for Traffic Control
Systems and Lighting at the inter-
section of South Chester Avenue and
Wilson Road.
The County received bids for this project and desires to
award the contract. The City's share of the projected costs was
estimated to be $40,000. Based on bids received the City's share
will be $54,329.60 (50% of the total cost). This increase in the
City's share of the cost is not budgeted, but funds are available
from savings on completed street projects, Fund No. 35-79500-293-
1082. The additional cost is due to unforeseen roadwork, which was
not included in the original estimate. This work included relocating
median noses, additional paving to support vehicle detectors and
modifying drainage at the northeast corner. The Public Works
Director evaluated this proposal and recommends approval.
Upon a motion by Councilman Barton, Increase in City's
share of costs for Agreement No. 82-78 with the County of Kern
for Traffic Control Systems and Lighting at the intersection of
South Chester Avenue and Wilson Road, was approved and authorization
granted to expend funds from Fund No. 35-79500-293-1082.
Approval of Increase in City's share
of costs for Agreement No. 82-18 with
the County of Kern for Traffic Control
Signal Systems and Lighting at the
intersection of Akers Road and Wilson
Road.
The County received bids for this project and desires to
award the contract. The City's share of the projected costs was
estimated to be $20,000. Based on bids received, the City's share
will be $21,456.36 (25% of total cost). This increase in the
City's share of the cost is not budgeted, but funds are available
from savings on completed street projects, Fund No. 35-79500-293-
1082. The Public Works Director has evaluated this proposal and
recommends approval.
Upon a motion by Councilman Ratty, increase in City's
share of costs for Agreement No. 82-18 with the County of Kern
Bakersfield, California, January 5, 1983 - Page 20
for Traffic Control Signal Systems and Lighting at the intersectic, n
of Akers Road and Wilson Road, was approved and authorization
granted to expend funds from Fund No. 35-79500-293-1082.
Adoption of Resolution No. 3-83 of
the City Council of the City of
Bakersfield, California, making
certain findings regarding the
construction of a Public Parking
Facility in the Downtown Redevelop-
ment Project by the Bakersfield
Redevelopment Agency.
This project was approved as a Redevelopment Project by
the Redevelopment Agency on December 27, 1982, and recommended to
the City Council for similar action.
Councilman Ratty stated that due to a real or imaginary
conflict of interest he would not participate in this matter.
Upon a motion by Councilman Barton, Resolution No. 3-83
of the City Council of the City of Bakersfield, California, making
certain findings regarding the construction of a Public Parking
Facility in the Downtown Redevelopment Project by the Bakersfield
Redevelopment Agency, was adopted and staff and consultants were
directed to develop the necessary plans and documents for con-
struction bids and sale of bonds, by the following roll call vote:
Ayes Councilmen Barton, Christensen, Payne, Rockoff, Strong
Noes None
Absent: Councilman ~4eans
Abstaining: Councilman Ratty
Deferral of action on Annual Report
from the Redevelopment Agency.
California Redevelopment Law requires each Redevelopment
Agency to submit an annual report outlining their goals, achieve-
ments and a proposed work program for the coming year. This report
must also include a Financial Audit by an independent agency. This
report has been approved by the Redevelopment Agency and recom-
mended to the City Council for approval.
Bakersfield, California, January 5, 1983 - Page
Councilman Ratty stated that due to a real or imaginary
conflict of interest he would not participate in this matter.
Councilman Strong asked if the report could be accepted
instead of approving it.
City Attorney Oberholzer stated he believes there are
State Redevelopment Law provisions that require that the report
be approved.
City ~anager Kelmar stated the report could be deferred
until the next Council Meeting in order to obtain an appropriate
answer to Councilman Strong's question.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 9:00 P.M.
MAYOR of the/City of Bakersfield, Calif.
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
ma
2O4
Bakersfield, California, January 12, 1983
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
ttall at 7:00 P.M., January 12, 1983.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Reverend Ronald
Chapman of the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Christensen, Means, Payne, Ratty,
Rockoff, Strong, Barton
Absent: None
CORRESPONDENCE
Upon a motion by Councilman Rockoff, communication from
Calderon, Jaham and Osborn, Certified Public Accountants, 1236
State Street, E1Centro, California, dated December 30, 1982,
requesting that their firm be considered for the annual audit of
the City of Bakersfield for Fiscal Year ending June 30, 1983, was
received and referred to the Budget Review and Finance Committee.
COUNCIL STATEMENTS
Mr. William Lott stated he opposes the required regis-
tration and fee for Alarm Permits and feels this is an unnecessary
expense and work for the Police Department. He stated he does
support the service fee for repeat false alarm offenders.
Mr. Fred Shaffer spoke in opposition to the registration
fee for Alarm Permits.
Upon a motion by Councilman Ratty, Mr.
707 ttoltby Road, was reappointed as a member of
ment Civil Service Board, term expiring December 31, 1988.
Councilman ~eans, referring to Mayor Shell's "State of
the City" remarks and a subsequent editorial in the Bakersfield
Californian regarding open Committee Meetings, stated, for the
record, he is in favor of open Committee Meetings.
In answer to a question by Councilman Christensen, City
Attorney Oberholzer stated that because of the Brown Act, Mayor
Kenneth E. Vetter,
the Police Departs-
Bakersfield, California, January 12, 1983 - Page 2
Shell could not attend an open Committee Meeting unless it was
advertised as a Special Meeting of the Council, because in the
event of a tie vote, she could constitute the fourth vote.
Councilman Barton announced that he intends to nominate
Mr. William Jing and Mr. Stanley E. Jones for reappointment to the
Miscellaneous DePartments Civil Service Board, and Mrs. Maxine
Simpson for reappointment to the Citizens Auditorium-Recreation
Committee, at the next Council Meeting.
DEFERRED BUSINESS
Approval of Annual Report from the
Redevelopment Agency.
California Redevelopment Law requires each Redevelopment
Agency to submit an annual report outlining their goals, achieve-
ments and a proposed work program for the coming year. This
report must also include a financial audit by an independent agency.
This report has been approved by the Redevelopment Agency and is
recommended to the City Council for approval.
This item was deferred from the Council Meeting of
January 5, 1983.
Councilman
conflict of interest
Ratty stated that due to a real or imaginary
he would not participate in this matter.
Upon a motion by Councilman Strong, Annual Report from
the Redevelopment Agency, was approved.
NEW BUSINESS
Adoption of Resolution No. 4-83 of
the Council of the City of Bakers-
field setting fees for Alarm System
Permit Applications, Reapplications,
Renewals or Transfers and setting
False Alarm Service Fees.
Chapter 5.08 ("Alarm Systems"), of the Bakersfield
Municipal Code becomes effective January 14, 1983, a resolution
is necessary to set fees for Alarm System Permit applications, re-
applications, renewals or transfers and to set ~False Alarm Service
Fees charged pursuant to that chapter.
206
Bakersfield, California, January 12, 1983 - Page 3
Councilman Christensen made a motion to adopt a resolu-
tion setting fees for Alarm System Permit applications, reapplica-
tions, renewals or transfers and setting false alarm service fees,
changing paragraphs 2 and 4 of the resolution by indicating zero
dollar amounts and requiring a statistical report at the end of
one year.
In answer to a question by Councilman Rockoff, City
Manager Kelmar stated there would still be a registration of alarm
systems to maintain proper records and comply with the ordinance.
In answer to a question by Councilman ~eans, City Attorney
Oberholzer stated in order to monitor the number of alarms and
number of false alarms, the Police Department requested a permit
system. Formerly a permit system was in effect, but the permits
were issued by or through the alarm companies. This is an attempt
to get better control on the number of alarms and to be able to
revoke permits when the record indicates an individual or company
has had a certain number of alarms. Pursuant to the ordinance,
if a person has an alarm and no permit, he is in violation of the
Municipal Code, punishable by a $50.00 fine.
City ~4anager Kelmar stated one of the purposes of the
registration is to provide the Police Department with a list of
persons who can be called to respond to an alarm if no one is
there.
Police Lieutenant Blackburn stated there are a lot of
false alarms that come into the Police Department and there is no
one to respond and it will ring all night, in some cases, causing
a lot of problems for people living close to it.
Mrs. Cora Frick stated she has had a lot of experience
with alarms. A person pays the alarm company to maintain the
equipment after installation and there should be controls on the
alarm company to insure they are maintained.
Upon a motion by Councilman Christensen, Resolution No.
4-83 of the Council of the City of Bakersfield setting fees for
Bakersfield, California, January 12, 1983 - Page 4
2O7
Alarm System Permit Applications, Reapplications, Renewals or
Transfers and setting False Alarm Service Fees, changing paragraphs
2 and 4 of the resolution by indicating zero dollar amounts and
requiring a statistical report at the end of one year, was adopted
by the following roll call vote:
Ayes: Councilmen Christensen, Means, Payne,
Strong, Barton
None
None
Noes:
Absent:
Ratty, Rockoff,
Adoption of Resolution No. 5-83 of
the Council of the City of Bakers-
field approving Rules and Regulations
prescribed by the Chief o£ Police to
implement and enforce Chapter 5.08
("Alarm Systems") of the Bakersfield
Municipal Code.
Chapter 5.08, "Alarm Systems," of the Bakersfield
Municipal Code becomes effective January 14, 1983, and a resolution
is necessary to approve rules and regulations prescribed by the
Chief of Police to implement and enforce Chapter 5.08.
Upon a motion by Councilman Payne, Resolution No. 5-83
of the Council of the City of Bakersfield approving Rules and
Regulations prescribed by the Chief of Police to implement and
enforce Chapter 5.08 ("Alarm Systems") o£ the Bakersfield Munici-
pal Code, was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Strong, Barton
Noes: None
Absent: None
ttEARINGS
This is the time set for public hearing for the purpose
of hearing the following appeals: (1) Kern City Golf Course, to the
action by the Planning Commission prezoning (in anticipation of
annexation), a portion of the Kern City Golf Course as OS (Open
Space) Zone; and changing the zoning of that part of the Kern City
Golf Course now in the City of Bakersfield from an R-1 (One Family
Bakersfield, California, January 12, 1983 - Page 5
Dwelling) Zone to an OS (Open Space) Zone; and (2) Kern City Civic
Association, to the action by the Planning Commission prezoning
(in anticipation of annexation) as OS (Open Space) Zone, that
certain property commonly known as 1003 Pebble Beach Drive.
This hearing has been duly advertised and the property
owners notified as required by law.
Letters were received from the following persons
supporting the prezoning (in anticipation of annexation) to OS
(Open Space) and change of zone from R-1 to OS (Open Space) of
Kern City Golf Course:
pation.
the
1. Dr. and Mrs. Marco Bruschi, 5909 Cypress
Point Drive.
2. Mr. and Mrs. Beryl B. Corrie, 309 Bermuda
Street.
3. ~r. Roger J. Jaedes, 6001 Cypress Point
Drive.
4. Marie Carlisle, 6009 Cypress Point Drive.
5. Elmer Goertz, 6005 Cypress Point Drive.
6. Francis Baisinger, 6121 Cypress Point
Drive.
Parkdale Homeowners' Association Board of
Directors, 300 New Stine Road, Suite #205.
8. Mr. and Mrs. L. E. Gonhue, 6109 Cypress
Point Drive.
9. Mr. and Mrs. Alex Germanetti, 1309 Thunder-
bird Street.
10. Mrs. Jo W. Smith, 1317 Thunderbird Street.
Mayor Shell declared the hearing open for public partici-
Mr. John Wilson, Engineer for the Kern City Golf Course,
stated the property owners are opposing the OS (Open Space) Zoning,
because the golf course is not a permitted use under this zoning.
The property owners have submitted a request for a General Plan
Amendment that
and, therefore,
to prepare for
they feel is a good overall plan for the golf course
request a 60 day delay in the decision to allow time
the hearing on the General Plan Amendment. The own6~rs
Bakersfield, California, January 12, 1983 - Page 6
209
submitted plans and documents to the City requesting that out of
the 95 acres that the Council allow 6½ acres of the golf course
to remain R-1 Zoning and find a more suitable zoning than OS for
the remaining acreage. The 3.1 acres, which encompass the golf
course pro shop, restaurant and driving range, are not permitted
uses under the OS Zoning.
Mr. Bob Paaren, President of the Kern City Golf Course and
Managing Partner of Bakersfield Investment Group, owners of the
Kern City Golf Course, stated they do not oppose annexation and
want what is best for the residents of the area. The
was not purchased with the intention of developing it
high rise buildings, rifle range, etc., but, to put it
and highest possible use. As investors, the owners feel the present
facility is inadequate.
latitude needed to make
course.
golf course
into residences,
at its best
Mr. Jim Sears, Partner of Bakersfield Investment Group,
stated the owners are requesting an amendment to the General Plan
to allow several parcels o£ property to be zoned R-1. The entire
area will be annexed to the City and those parcels of property
could be developed to enhance the value of everyone's property in
Kern City.
Mr. John Wilson explained the development plan for the
golf course being proposed in the requested General Plan Amendment
that was submitted to the City in December, 1982.
In answer to a question by Councilman Means, Planning
Director Sceales stated Notices of Hearings are sent to all properl;y
owners and obtained from the latest assessment rolls of the County.
His office records indicate a Notice of Hearing was sent to the
Bakersfield Investment Group. These notices are not sent by
Certified Mail. Every parcel of property being annexed to the
City must be zoned consistent with the General Plan and the City's
Open Space Zoning does not allow the
the improvements planned for the golf
Bakersfield, California, January 12, 1983 - Page 7
General Plan shows the golf course as Open Space. The only zoning
that would be consistent with the General Plan is Recreation or Open
Space. If the owners wish to develop the property, they need to
satisfy the residents living there. If they wish to zone it R-I,
they must first come before the Planning Commission with a
requested General Plan Amendment. This request will come before
the Planning Commission in April. The City is allowed to hold three
hearings per year on General Plan Amendments and April is the next
hearing date.
City Attorney Oberholzer stated the relationship between
zoning and the Land Use Element of the General Plan are two different
things. The City has a General Plan which encompasses areas of the
County. The City's General Plan has a Land Use Element for specific
areas. The specific area of the golf course shows the Land Use
Element as Open Space and that is not zoning. The General Plan
does not zone property. It identifies property as low density
residential, high density residential or commercial, but does not
zone the property. The City only has the power to zone property
upon annexation. The zoning of the golf course, at this time, is
inconsistent with the General Plan. The only zone that the
Council can approve upon annexation must be consistent with the
General Plan. The General Plan shows that property as Open Space.
There are only two zones that comply with Open Space and that is
the Open Space or Recreational Zones. These are the only two
choices the Council has for zoning upon annexation of that property.
In answer to a question by Councilman Payne, John Wilson
stated with present zoning of the golf course 19 single family
residences could be built. That could not be done, however,
because of Covenants and Restrictions placed on the deeds and
trust deeds, until the Year 2022. Whatever the zoning on that
property those restrictions will remain in effect. The OS Zoning
does not allow a golf course as a permitted use.
Bakersfield, California, January 12, 1983 - Page 8
211
Mr. George Melvin, Partner of Bakersfield Investment
Group, stated the Covenants restrict the building of any structure
that would obstruct the view from present residences to the golf
course and the golf course property must be maintained up to the
residential property lines. They do not intend to build any
structure between present property owners and the golf course.
In answer to a question by Councilman Payne, John Wilson
stated if the property owners and Tenneco Realty Development
Corporation approved the development proposed at the Kern City
Golf Course, by certain legal procedures, it could be accomplished
even though there are Covenants and Restrictions on the property.
There are many hearings that must be held before any development
can be accomplished and at any point during those hearings the
property owners can voice their disapproval of the development.
In answer to a question by Councilman Payne, City Manager
Kelmar stated the property must be prezoned Recreational or Open
Space prior to annexation. If the property is prezoned at to-
night's meeting, the annexation process can be completed by March.
The General Plan Amendment Hearings will be sometime in April or
June.
Mr. Leon McDonough, President of the Kern City Civic
Association, stated they are appealing the action of the Planning
Commission to prezone (in anticipation of annexation) to OS (Open
Space) Zone, that certain property commonly known as 1003 Pebble
Beach Drive, because they feel RE (Recreational) Zoning would be
a more appropriate designation.
Planning Director Sceales stated the Planning Commission
reviewed both the RE and OS Zoning for the Kern City Civic
Association property and felt there would be no problem with zoning
this property Recreational
Council.
Mr. Ed Gallemore,
Council and residents who have
and recommended that change to the
5600 Kirkside Drive, #F, commended the
come before the Council in order to
212
Bakersfield, California, January 12, 1983 - Page 9
reach a consensus and trying to work together for the best possible
solution for everyone.
Mr. Thomas Kelly, Management Agent of Parkdale Home-
owner's Association, speaking in support of the Open Space Zone,
stated he felt it would be a disservice to the adjacent property
owners not to go ahead with the Open Space Zoning and complete
the annexation to the City. He felt the golf course owners could
come back to the City for an orderly development of the area.
Mr. Roger J. Jaedes, President of Southwest Apartments,
6001 Cypress Point Drive, spoke in opposition to the appeal.
Mr. Lamar Ferris, 601 Bermuda Street, spoke in opposition
to the appeal.
Mr. Richard O. Tigner, 617 La Puente Drive, spoke in
opposition to the appeal.
In answer to a question by Mrs. Nadine Whalen, 109
Bermuda Street, Planning Director Sceales stated that, if the
property is zoned Open Space, the golf course will be able to
continue operating as a golf course. He further stated if the
owners wished to build additional structures or add on to the
pro shop a Conditional Use Permit would be required. A Conditional
Use Permit would be required even if it was zoned R-1.
~rs. Helen Hunter, 6205 Desert Hills Avenue, spoke in
opposition to the appeal.
No further protests or objections being received and no
one else wishing to speak in favor, Mayor 8hell closed the public
portion of the hearing for Council deliberation and action.
Upon a motion by Councilman Means, the Council upheld
the action of the Planning Commission recommending prezoning a
portion of the Kern City Golf Course, changing the zone from R-1
to OS (Open Space), and instructed staff to prepare the appropriate
documents for the next Council Meeting, by the following roll call
Bakersfield, California, January 12, 1983 - Page 10
213
vote:
Ayes:
Noes:
Absent:
Councilmen Christensen, Means,
Strong, Barton
None
None
Upon
Payne, Ratty, Rockoff,
a motion by Councilman Means, the Council modified
the action of the Planning Commission regarding prezoning that
property known as 1003 Pebble Beach Drive to RE (Recreational)
and instructed staff to prepare the appropriate documents for the
next Council Meeting, by the following roll call vote:
Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Strong, Barton
Noes: None
Absent: None
This is the time set for public hearing for the purpose
of hearing any person desiring to be heard on the matter of the
approval by the City Council of the proposed Revised Housing
Element of the Bakersfield Metropolitan Area General Plan and
proposed Negative Declaration.
This hearing has been duly advertised.
The Planning Commission approved the proposed Revised
Housing Element of the Bakersfield Metropolitan Area General Plan
at its regular meeting held on November 18, 1982.
Director of Fire and Development Services Needham
explained the Housing Element as being one of nine Elements
required by the State for the City's General Plan. The State has
implemented new laws regarding the Housing Element, and, therefore,
it has had to be revised. The City has been working with the
County of Kern and Consultants on this project since it was con-
ceived. The Planning Commission recommended that the Housing
Element, as submitted, be adopted. The City received a letter,
after the packets were mailed, from the State responding to the
City's Housing Element. Upon initial analysis of the letter, it
214
Bakersfield, California, January 12, 1983 - Page
looks as though the State's comments are of an advisory nature and
does not make a statement with regard to State Law. Staff recom-
mends that the Council go ahead with the hearing, adopt the Housing
Element, if they wish, and staff will prepare a report with re-
gard to the State's response and, if necessary, call for another
public hearing.
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.
In answer to a question by Councilman Means, Principal
Planner Pisila stated the City and County shared the responsibility
of distributing the Draft Housing Element to all housing interests
locally as well as the State Clearinghouse.
Deputy City Clerk Williams read the following list of
persons and agencies who were notified of the public hearing on
the Draft Housing Element of the General Plan:
Bakersfield Board of Realtors
331 - 18th Street
Mrs. Shirley Davidson
2608 Loch Ness Court
Ms. Carol McMahon
Kern County Apartment Association
122 - 18th Street
Law Library
County of Kern
1415 Truxtun Avenue
Beale Memorial Library
1315 Truxtun Avenue
Bakersfield Chamber of Commerce
1000 Truxtun Avenue
Board of Trade
P.O. Box 1312
Principal Planner Pisila stated that in addition to the
above list, the County of Kern distributed to some other agencies.
Councilman Means stated he was concerned that the County
and City Community Development Departments, who have been involved
Bakersfield, California, January 12, 1983 - Page 12
'21.5
with the Housing Element for a number of years, were officially
notified of tonight's meeting and received a final copy of the
Draft Housing Element.
Karen Northcutt, Consultant for the City of Bakersfield,
stated this was a joint project between the City and County of
Kern's Community Development Departments and both entities have
distributed copies of the document among staff. The County
Community Development Department also distributed copies of the
summary portion to the Citizen's Advisory Committee. The Citizen's
Advisory Committee was advised that public hearings would be held.
Ms. Northcutt stated that no one spoke at the County public hearing
held for adoption of the Housing Element for the unincorporated area,
which encompasses quite a lot of territory , as well as the County's
adoption of the Metro Document.
Principal Planner Pisila stated the Citizen's Advisory
Committee representing the City of Bakersfield received copies of
the Draft Housing Element and no comments were received. Mr.
Pisila then read the following list of persons representing the
City on the Citizen's Advisory Committee:
Reginald Morris
Wells Fargo Bank
1301 - 17th Street
Kathy Norwood (Realtor)
828 East California Avenue
Rosalio Banales
1601 Los Robles Drive
Vicki Araujo (Senior Aid)
Greater Bakersfield Legal Assistance
2801Coverntry Drive
Alternates:
John Ramage
4600 Brewer Avenue
Harlan Hunter
Greater Bakersfield Legal Assistance
615 California Avenue
Irene Creott
300 Magnolia Avenue
Dick Foster (Bakersfield 2000)
1430 Truxtun Avenue #700
21fl
Bakersfield, California, January 12, 1983 - Page 13
In answer to a question by Councilman Strong, Fire and
Development Services Director Needham stated the letter from the
State of California is two pages long with a summary. There is a
four or five page brief that goes through and details ten or twelve
of the State's concerns. Staff was advised by Deputy City Attorney
Saalfield that the Council should be aware of the letter and it
would be proper for the Council to adopt the Housing Element, if
they see fit, and staff would come back at a later date with a
report on the State's comments, including a recommendation. If
another hearing is required, Council will be advised.
Aaron Clemens,
stated the law requires
Housing Element be sent
Consultant for the City of Bakersfield,
that the City of Bakersfield's Draft
to the State Department of Housing and
Community Development for their review at least 90 days before the
City's proposed adoption date and that they respond to the City
with comments. The City Council, as the Legislative Body, is
required to consider the State's comments before final adoption
of the Housing Element, but are not obligated to respond to those
comments. The law is very specific in that the State's comments
are only advisory in nature. The Council may adopt the ttousing
Element with a priviso that the State's comments come back to the
Council for consideration at a later date and any changes can be
made at that time. There is some urgency, as far as time is
concerned. The Housing Element should have been adopted by October
l, 1981, and since that date the City has been in violation of
State Law. The City is more subject to a problem by not having an
adopted Housing Element than not having one that the State has
commented on and the Council has responded to or considered those
comments.
Upon a motion by Councilman Means, Resolution No. 6-83
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and amending the Bakersfield Metropolitan Area
Bakersfield, California, January 12, 1983 - Page 14
217
General Plan by approving and adopting a Revised Housing Element
for Metropolitan Bakersfield, was adopted by the following roll
call vote:
Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Strong, Barton
Noes: None
Absent: None
This is the time set for public hearing on Resolution
of Intention No. 961 of the Council of the City of Bakersfield
declaring its intention to order the vacation of a portion of
York Way lying south of Adanac Court in the City of Bakersfield,
County of Kern, State of California.
This hearing has been duly posted.
The request for the street vacation was made by the
City of Bakersfield, owner of the adjacent property. ~
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being received, and on one
wishing to speak in favor, the public portion of the hearing was
closed for Council deliberation and action.
Upon a motion by Councilman Christensen, Resolution No.
7-83 of the Council of the City of Bakersfield ordering the vacation
of a portion of York Way lying south of Adanac Court, in the City
of Bakersfield, was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Strong, Barton
Noes: None
Absent: None
This is the time set for public hearing on Resolution of
Intention No. 962 of the Council of the City of Bakersfield
declaring its intention to order the vacation of portions of the
Public Utility
Tract 4469, in
This
Easements located within Lots 51, 53 and 55 of
the City of Bakersfield.
hearing has been duly advertised and posted.
Bakersfield, California, January 12, 1983 - Page
The application for this vacation of a Public Utility
Easement was submitted by Rickett, Ward & Delmarter, Engineers,
2901 "H" Street.
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 Christensen, Resolution No.
8-83 of the Council of the City of Bakersfield ordering the vacation
of portions of the Public Utility Easements located within Lots 51,
53 and 55 of Tract 4469, in the City of Bakersfield, was adopted
by the following roll ca~l vote:
Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Strong, Barton
Noes: None
Absent: None
Council, upon
was adjourned
ADJOURNMENT
There being no further business to come before the
a motion by Councilman Christensen, the meeting
at 10:00 P.~.
)~AYOR of
~City of Bakersfield,
ATTEST:
/ · ' x O~fi~
of the City of Bakersfield, California
cw/ma
Calif.
Bakersfield, California, January 19, 1983
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., January 19, 1983.
The meeting was called to order by Mayor Shell,
by the Pledge of Allegiance and Invocation by Mayor Shell.
Present:
Absent:
The City Clerk called the roll as follows:
followed
Mayor Shell.
None
Minutes of the regular meeting of January 5,
approved as presented.
Councilmen Means, Payne, Ratty, Rockoff,
Strong, Barton, Christensen
1983, were
MAYOR'S COMMENDATIONS
Mayor Shell presented a Proclamation to the Bakersfield
Reserve proclaiming January 19, 1983, as "Bakersfield
Police
Police Reserve Day," and a commendation plaque in recogniation of
their 44 years of continuous voluntary service to the people of
Bakersfield.
Police Chief Price thanked the Mayor and Council for
honoring the men and women who serve in the Police Reserves.
They are all dedicated and hardworking people who put in many
hours of voluntary service for the Police Department and citizens
of Bakersfield.
Chief Price presented a special award to Kathryn E. Wall
who has served on the Police Reserves for 30 years. During that
30 years Mrs. Wall held a full-time position as an instructor at
Garces High School, instructed first aid and is an expert in sign
language. In 1971 former Police Chief Towle presented a con~enda-
tion to Mrs. Wall for over 600 hours of voluntary service and
during that year she became a part-time employee of the Police
Department, plus holding down a full-time job. In 1973 former
Mayor Hart presented her with an award for 20 years of service.
Mrs. Wall retired from Garces High School in 1976 and became a
full-time employee of the Police Department. In 1982, even though
Bakersfield, California, January 19, 1983 - Page 2
she worked full-time for the Police Department, she still donated
over 1,000 hours to the Police Reserves.
Mayor Shell presented a plaque to Kathryn Wall thanking
her for the 30 years given to the people of Bakersfield and Police
Reserves.
SCHEDULED PUBLIC STATEMENTS
Mr. Frank Casey, President, and Mr. Ted Haring, Executive
Vice-President, Greater Bakersfield Chamber of Commerce, gave a
slide presentation entitled "Bakersfield's Multi-Image," and
thanked the Chamber's Economic Development Committee and people
who contributed the funds to make this presentation possible. Mr.
Hating stated this slide presentation will be used as an image
builder for industrial development, distributed throughout the
United States and used for recruiting purposes in the oil and
other industries in Bakersfield. Mr. Haring introduced Mr. Jay
Ericsson of Photogenics in Bakersfield, who did all the production
work on the presentation.
Mr. William Beaudine, Executive in charge of Productions
for Moonlight Productions (a film company in Los Angeles), stated
they are going to be making a movie for CBS and hope to film in
the Bakersfield area. Police Chief Price has read the script and
they are requesting permission to use the Police Facilities for
this film.
Police Chief Price stated he read the script and it is
very good, and Mr. Beaudine has assured him it will not disrupt
the operations of the Police Department.
City Manager Kelmar stated the film people will be staying
in Bakersfield for a couple of weeks and that will be of economic
benefit to the community, and the staff wholeheartedly supports it.
Upon a motion by Councilman Payne, the Mayor was authorized
to execute any documents deemed appropriate by the City Attorney tc~
permit the use of City facilities by Moonlight Productions for the
filming of a movie.
Bakersfield, California, January 19, 1983 - Page 3
22 !
Mr. Marvin Dean, P.O. Box 1062, referring to Budget
Review and Finance Committee Report No. 2-83 regarding Multifamily
Mortgage Revenue Bonds, stated he has discussed this with the Bond
Consultants and requests the right to come back before the Council
at a later date after he has had a chance to study it and discuss
it with the consultants and owners of the Lakeview Inn Project.
In March, 1982, he appeared before the Council requesting that an
Inducement Resolution Bond be issued so financing could be obtained
to put the project together. The project has been plagued with a
lot of problems, which he is not at liberty to discuss at this
time. However, he is still actively trying to put it together and
does not know what effect the action on this report will have on
the Inducement Resolution, and whether or not some of the funds
expended on the project can be recovered. There have been some
things that have plagued the project, some undermining of it.
In answer to a question by Councilman Strong regarding
undermining of the project, Mr Dean stated he has not made any
accusations to any particular body at this point, he is not at
liberty to do that because things are being checked out and he
does not have all the facts before him.
Councilman Strong asked if any of the undermining has
hampered his negotiations with the owners of the property.
Mr. Dean stated somewhat, but after the discussion they
had today that is no longer a problem. The project is still
available and they would like to see him put it together because
it would be good for the area.
Councilman Strong asked if it is true that the project
has appeared, for sometime, in the multiple listing, which is an
indication it is on the open market and they are willing to negotiate
with any buyer who
Mr. Dean
this form, at this
is willing and able to purchase the property.
stated he is not at liberty to discuss it, in
time. That is not what he is here for tonight,
222
Bakersfield, California, January 19, 1983 - Page 4
he just wanted to enter some of his comments in the records. There
has been some interference in the project that caused the property
to go back on the market, but he did not want to go any further
with that at this time.
Councilman Strong stated, for the record, that he is
aware of the fact that other people are interested in purchasing
that property if the City of Bakersfield is interested in assisting.
Obviously, it will require some assistance and he is aware of some
efforts being made. It is an eyesore and he would, as Councilman
of the area, like to see something done with it, but the record
should show, very clearly, that there has not been any interference,
whatsoever, with respect to Mr. Dean and his efforts to develop
that property. If Mr. Dean has an accusation to make it should be
done here in public, so the public will recognize there has not
been any interference in his attempts to purchase that property.
The property in on the market and he would like to see something
happen to it and see the City of Bakers£ield move ahead with the
development in the area. Hopefully, it will not be slowed down by
talk and promises, which people have not been able to keep. It is
unfortunate, but necessary, that the Council, audience and public
realize that everything involved with that whole scheme has been
aboveboard and it will remain that way. The Council should not be
intimidated by anybody who comes down here and makes promises. They
would like to see something done with it. The Council and the
Committee Mr. Dean has been involved with has bent over backwards
to assist in anyway. To come before the Council and plant innuendos,
which place a shroud of suspicion, is quite unfair and Mr. Dean
should refrain from doing that kind of thing.
~r. Dean stated he did not appear before the Council
tonight to get into a debate or argument with anyone. It would be
very difficult for anyone to say, without having all the facts,
whether or not there has been some problems. He concurs with that,.
Bakersfield, Cali£ornia, January 19, 1983 - Page 5
however, that is not the issue tonight. Mr. Dean then outlined
the history of the project and his attempts to finance it. He is
not present tonight to point any fingers or make accusations, all
he wants is to bring economic development to the Lakeview area.
He intends to contact the Bond Attorney to see how tonight's
action on Budget Review and Finance Committee Report No. 2-83 will
effect the bond issue and Inducement Resolution. He would like to
meet with staff and the Committee to explore the possibility of
getting the City involved with moving the project forward.
Councilman Strong stated it is still important for the
staff and public to know that the property in question is on the
open market. It has been for a long time because there have not
been any buyers. His knowledge and contact with the owners has
been that they are perfectly willing and able to sell it to any-
body who is ready, willing and able to buy it. It is unfortunate
that any innuendos would be made to the Council that the Council,
or any member of the Council, has, in any way, served to inhibit
that sale process. That is just not true. The property is on the
open market if Mr. Dean presents something which the owners and
the Council can embrace, but if he cannot, and somebody else does,
he hopes the Council moves ahead with its plan for whatever revita~i-
zation it has in the area.
During discussion, City Manager Kelmar stated Mr. Dean
presented this project to the lenders in connection with this bond
issue and they would not fund the project. In their opinion it
was not a viable project, as submitted.
Mr. Melvin Dean, 2015 Brundage Lane, expressed his con-
cerns and opposition to the ordinance under New Business on to-
night's agenda regarding escort bureaus and dating services. He
owns the only business of this type in Bakersfield and has been
operating for over a year. The ordinance is designed so the Police
Department and City Manager can come into his business, at will,
224
Bakersfield, California, January 19, 1983 - Page 6
and examine his books, character, financial background and require
a medical check. It would tie his hands or anyone considering
serving the public with a legitimate photo dating and escort
service. This is suppose to be a free enterprise country and he
did not feel it is right,
allow an A-Z examination
someone come in, at will,
suspects an operation is
even though he has nothing to hide, to
in order to operate his business or let
and examine his books. If the City
a front for prostitution, or anything
illegal, all they have to do is infiltrate the business with a
decoy. If there is prostitution they should throw the person in
jail. His business, Cupid Express, has never had any problems,
whatsoever, as far as an alleged front for prostitution. If he is
not financially able to run his business, that is no ones concern
but his, because that is free enterprise. This ordinance is
setting a precedent that could overflow to other businesses and
that is what he is afraid of.
City Attorney Oberholzer stated the ordinance before
the Council tonight was designed after ones in Los Angeles,
Stockton and Las Vegas. Las Vegas no longer has this ordinance
in effect, because they have completely outlawed dating and escort
services.
Police Chief Price stated this type of ordinance is very
common and there are legitimate dating services. The problem is
similar to Massage Parlors. There were many legitimate Massage
Parlors, but by the very nature of the privacy and activities going
on there it was easily infiltrated with illegal activities. By the
time this was realized it was out of control. There has not been
any problem with Mr. Dean's service to date and this ordinance was
not aimed at his business. The Police Department wants to prevent
what happened in Las Vegas, Los Angeles, etc., where dating services
suddenly proliferated because they found there was an opportunity
to conduct illicit activities. It is one of the most difficult
police problems there is and very difficult to control.
Bakersfield, California, January 19, 1983 - Page 7
225
Under the ordinance Mr. Dean would not be required to open his
books. It only requires that he give the names and address, etc.,
of people using the dating service. It has nothing to do with the
financial records. It requires that people going out on a date
and mingling with other people be free of communicable diseases,
etc. The only employees required to have a permit are management
and those who participate or solicit the dates.
Mr. Dean requested that this ordinance be referred to a
committee in order to let him work with them, because some regula-
tions are probably needed. He also stated he polices his own
business and if he finds someone doing something illegal they are
out the door immediately.
Councilman Strong in£ormed Mr. Dean that at the time
this ordinance has first reading,
would be referred to a committee
to express his concerns to them.
Councilman Payne asked,
later in the agenda, that it
and he would be given an opportunity
due to the fact that other cities
are cracking down on prostitutes and there is a possibility of theta
moving to Bakersfield, if this ordinance would qualify as an
Emergency Ordinance when it comes back to the Council for adoption.
City Attorney Oberholzer stated most police regulation
type ordinances qualify as Emergency Ordinances. This ordinance
was not designed to control prostitution, because there are
adequate laws on the books and Penal Code provisions for prostitution.
It is to regulate escort and dating services.
Mayor Shell declared a brief recess at 8:30 P.M. and
reconvened the meeting at 8.35 P.M.
COUNCIL STATEMENTS
Upon a motion by Councilman Rockoff, Donald Franklin,
3001 Edmonton Street, was reappointed as a member of the Board of
the Golden Empire Transit District, term expiring January 6, 1987.
Councilman Ratty stated he is a member of the Kern
County Solid Waste Management Advisory Committee and due to the
Bakersfield, California, January 19, 1983 - Page 8
nature of his business he cannot attend their meetings on a
regular basis, and requested that another Councilman be appointed
to replace him.
Councilman
Edwards, Chairman of
Strong stated he received a letter from Lynn
the California Avenue Park Neighborhood
Facility Citizens Advisory Committee, informing him that the
Committee is relatively defunct due to lack of attendance of its
members. Councilman Strong requested that staff update the
attendance records of members of that Committee in order to appoint
more active people.
Upon a motion by Councilman Christensen, Councilman
Barton was appointed as the City's alternate member of the Kern
County Solid Waste Management Advisory Committee.
Mayor Shell stated she has been advised by the Kern
County Board of Supervisors that they do not make appointments to
fill vacancies on the Kern River Levee District. Appointments for
unexpired terms are made by the Kern River Levee District Board.
At the Council Meeting of January 5, 1983, the Council requested
that she write a letter recommending that Mr. John Chafin be
appointed as ~r. Barnett's replacement on that Board.
Upon a motion by Councilman Barton, the Mayor was
requested to write a letter to the Kern River Levee District Board
recommending that Mr. John Chafin be appointed as Mr. George H.
Barnett's replacement on that Board.
Mayor Shell announced that she intends to submit Mr.
William Tuculet's name as her second appointment to the Historic
Preservation Commission at the next Council Meeting.
conflict
matter.
REPORTS
Councilman Barton stated due to a real
of interest he would not participate in
and Parking Committee,
Ordinance, as follows:
or imaginary
the following
Councilman Payne, member of the Business Development
read Report No. 1-83 regarding Fireworks
Bakersfield, California, January 19, 1983 - Page 9
227
Recently, the City Council referred the Fire-
works Ordinance to the Business Development
and Parking Committee for study and recommenda-
tion in an attempt to reduce fire losses due
to fireworks.
This Committee met with members of City staff
as well as representatives from fireworks
manufacturers and suppliers. Our discussions
included such items as the time period allowed
for the sale of fireworks each year, the types
of organizations selling fireworks (profit/
nonprofit), the number of fireworks booths, and
the permit application process.
During our discussions, we noted that fireworks
sales are presently permitted from 12:00 noon
June 28 through 12:00 noon July 5, for a total
of eight days. This Committee concurs with the
recommendation of the Fire Chief that the sale
period should be restricted from 12:00 noon
July 1 through 12:00 noon July 5, for a total
of four days. By restricting the sales period,
the fire losses and the burden on the City
safety services will be reduced and it was
concluded, based upon experience in other
California cities, there would be no adverse
effect on sales.
Additionally, we noted the policy of many
other California cities is to restrict the
selling of fireworks to nonprofit organizations
only. This Committee concurs with that policy
and recommends the City restrict fireworks
sales to nonprofit organizations and profit
organizations be eliminated by attrition.
Further, we noted a total of 52 booths operated
within the City limits last year. In order to
maintain a constant level of control and allow
a predictable workload on City staff, we recom-
mend a limit of 50 permits. All organizations
issued a permit the previous year shall be
eligible for a permit and application must be
made by May 15 each year. All eligible organi-
zations may apply for a new permit after May
15 only if 50 permits have not been issued by
that date.
The proposed ordinance incorporates our recom-
mendations contained in this report and we
recommend this be considered first reading.
Councilman Strong stated at one time it was possible to
make money operating a Fireworks Booth, but now with the number of
booths it is impossible. He felt 50 booths was too many for the
size of this City. Councilman Strong requested that the ordinance
continue to be monitored with the idea of reducing the number of
Fireworks Booths down to 35 or 40, because the nonprofit organi-
zations have found it is no longer profitable. He suggested
Bakersfield, California, January 19, 1983 - Page l0
reducing the booths to 1 for every 3,000 people in the City and
that could be accomplished through attrition.
Upon a motion by Councilman Payne, Business Development
and Parking Committee Report No. 1-83 regarding Fireworks Ordinance,
was accepted.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Sections 8.44.030, 8.44.040
and 8.44.050 of the Bakersfield
Municipal Code relating to Fireworks.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Sections 8.44.030,
8.44.040 and 8.44.050 of the Bakersfield Municipal Code relating
to Fireworks.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 2-83 regarding Multifamily
Mortgage Revenue Bonds, as follows:
In December, 1981, the City Council approved a
program whereby Mortgage Revenue Bonds would
be used to encourage private enterprise to
provide apartment development within the City
of Bakers£ield. In doing so, the Council
indicated the program should be used to meet
the current and future housing needs of the
City as indicated in the City's Housing Element.
Over the past year, the program has been
hampered with such things as high interest
rates, new Federal Legislation, and changes
to the proposed security which was to guarantee
a rating of "AAA."
Recently, this Committee met with City staff,
Bond Counsel, the Bond Consultant, and a repre-
sentative from the lending institution. A
status report by those present indicated the
program as originally proposed, which utilized
a letter of credit to guarantee the bond rating,
does not appear to be possible; however, a
program utilizing a "certificate of deposit"
by the lending institution (in lieu of the letter
of credit) was workable, but would require
restructuring by the Bond Counsel.
Also, approximately 1,100 apartment units were
proposed with less than 40% in the central area
of the City, which has the greatest need. Such
being the case, the dispersement o~ units was
substantially different than the need as out-
lined in our Housing Element.
Therefore, this Committee recommends:
1. No further time and effort be spend by City
staff on the program as presently structured,
Bakersfield, California, January 19, 1983 - Page ll
229
however, since the consultants expressed
an interest in pursuing the program
utilitizing the "certificate of deposit,"
this Committee feels they should be
permitted to do so. Their efforts should
include a placement of units where the
need exists as indicated in our Housing
Element;
The developers and builders should proceed
with alternate methods of financing for
their projects as presently located.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 2-83 regarding Multifamily Mortgage
Revenue Bonds, was accepted; recommendations as outlined in the
report, were approved; and staff was instructed to notify the
developers who appeared before the Committee of the findings as
outlined in the report.
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 1-83 regarding Labor
Relations Contract with Becker and Bell, as follows:
The Governmental Efficiency and Personnel Com-
mittee met last week to review the contract
of the City's Labor Negotiator, Gene Bell.
This contract is due to expire March 31 o£
this year, or it can be extended for an
additional year if the Council so desires.
Due to problems that developed this past
year, in particular the unavailability of
the Negotiator during the meet and confer
sessions, this Committee is recommending
that the contract with the firm of Becker and
Bell not be renewed. If the Council is in
concurrence with this recommendation, the
Governmental Efficiency and Personnel Committee
will submit another firm for Council consideration
in the near future.
In compliance with the present contract, we
are requesting that the Council authorize the
Mayor to notify Mr. Bell that his contract
will be terminated, effective March 31, 1983.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 1-83 regarding Labor Relations
Contract with Becker and Bell, was accepted; and in compliance
with the present contract the Mayor was authorized to notify Mr.
Bell that his contract will be terminated, effective March 31,
1983.
Bakersfield, California, January 19, 1983 - Page 12
Councilman Ratty stated due to a real or imaginary
conflict of interest he would not participate in the following
matter.
Councilman Payne made a motion that the report from the
Planning Commission regarding C-3 Zone for Downtown and reducing
height limits in other zones and regulations concerning Modifi-
cations, C-C and O-S Zones, be received, ordered placed on file
and referred to the Business Development and Parking Committee for
study and recommendation.
Councilman Christensen stated he has received considerable
comments from
regarding the
and requested
realtors, contractors, residents and business people
subject of limiting or restricting building heights
that the Committee consider the following points:
When rights are restricted there should
be an overwhelming need for the public's
benefit to do so. That need has not been
proven.
o
Public willingness is necessary to fit the
bill or a lot of perks must be built in.
Perks are gifts, subsidies, special con-
sideration, tax advantages, etc.
Developers must have a strong willingness
or confidence to rely upon the political
stability of the City of Bakersfield.
They seem to find the political situation
unstable at times and shi£ts quite badly.
o
Builders could care less whether they are
in the City or County, so they will build
in the surrounding unincorporated areas
or County Islands within the City. The
two major reasons they will do that is
cheaper land and parking. In fact, before
beginning high rise building downtown the
parking situation must be seriously con-
sidered.
Councilman Barton requested that Councilman Christensen's
points regarding limiting or restricting building heights and the
letter from the Governmental Review Committee of the Greater
Bakersfield Chamber of Commerce regarding the proposed C-B (C-3)
zoning be furnished to the Business Development and Parking Com-
mittee.
Bakersfield, California, January 19, 1983 - Page 13
Councilman Payne's amended motion that the report from
the Planning Commission regarding C-3 Zone for Downtown and
reducing height limits in other zones and regulations concerning
Modifications, C-C and O-S Zones, be received, ordered placed on
file and referred to the Business Development and Parking Committee
for study and recommendation; and Councilman Christensen's points
regarding limiting or restricting building heights and the letter
from the Governmental Review Committee of the Greater Bakersfield
Chamber of Commerce regarding the proposed C-B (C-3) zoning, be
furnished to that Committee, was approved.
City Manager Kelmar reported that recently there was
an amendment to the City-County Fire Protection Plan, which in-
cluded, in the 1983-84 Fiscal Year, a relocation of present City
Fire Station No. 3, located at 4th and "L" Streets to Saunders
Park on Palm Street, west of Highway 99. The process requires an
environmental analysis, which would include the City's provision
for replacement of parklands consumed by placement of the Fire
Station in the park. In addition, a Conditional Use Permit will
be required, which involves a hearing before the Board of Zoning
Adjustment where all property owners within 300 feet of the park
must be notified and heard. At the hearing the City must display
architectural elevations of the Fire Station for public viewing.
In order to process this item in a timely fashion, so the Fiscal
Year 1983-84 goal can be met, it would be desirable if the
Architect could be selected so the various documents can be prepared
that are required for the State and hearing before the Board of
Zoning Adjustment. Funds are budgeted in the current Fiscal Year
for remodeling of Fire Station No. 1, that probably will not be
needed until next Fiscal Year that could be used to cover the
architectural costs. Staff is requesting authorization to begin
the process for selecting an Architect.
Upon a motion by Councilman Barton, the City Manager was
authorized to begin the process of selecting an Architect for a
Fire Station to be located in Saunders Park.
2fl2
Bakersfield, Cali£ornia, January 19, 1983 - Page 14
City Manager Kelmar, reporting on the Governor's proposed
budget for next year, stated, basically, it is important for the
Council to be aware of the potential ramifications of this budget
on the present Fiscal Year, as well as next Fiscal Year. Staff
received information from the League of California Cities and
these are just proposals that still have to go through the process.
The proposal in the current Fiscal Year would result in a reduction
of approximately 45% of the remaining Motor Vehicle, In-Lieu and
Cigarette Tax Subventions between February and June of this year,
which would mean an impact on the City in the amount of approxi-
mately $425,000. The proposal for Fiscal Year 1983-84 would result
in a reduction of subventions in the amount of a little over
$1,700,000. The sum of the reductions in the present Fiscal Year,
based on what has already occurred, will take it up to a little
over $1,900,000. The subvention reductionbeing experienced this
year were suppose to only be for the present Fiscal Year, however,
it is apparent, at this time, the City will be facing a reduction
in the next Fiscal Year. The Council needs to be aware that this
item should be brought to the Budget Review and Finance Committee's
attention so they can stay on top of what the Governor is proposing,
in case some action is taken that may seriously impact the City's
present Fiscal Year budget.
Councilman Rockoff made a motion that the matter of the
Governor's proposals regarding the budget be referred to the Budget
Review and Finance Committee for an immediate study concerning its
impact on the current Fiscal Year and discussion on what will happen
in the next Fiscal Year.
Councilman Means stated this matter should be studied
immediately and a report made back to the Council within the next
two or three weeks, because if comments are to be made to the
Governor and Legislature it needs to be done as soon as possible
to have an impact. Losing that amount of money will have a
Bakersfield, California, January 19, 1983 - Page 15
disastrous impact on the City. The City is not only faced with
having to make cuts and possible layoffs next year, but immediate
layoffs would have to be made if that goes into effect. Council-
man Means requested that a report be made back to the Council with
recommendations on tentative cuts and layoffs that would have to
be incurred if the City has to follow through with the Governor's
proposal.
City Manager Kelmar, in answer to a question by Council-
man Rockoff, stated staff could be prepared, in two weeks, to
present the Council with alternatives as to how this potential loss
could be dealt with if it occurs in the current Fiscal Year.
Councilman Rockoff's amended motion that the matter of
the Governor's proposals regarding the budget be referred to the
Budget Review and Finance Committee for an immediate study concerning
its impact on the current Fiscal Year, discussion on what will
happen in the next Fiscal Year and a report be made back to the
Council in two weeks with alternatives as to how this potential
loss could be dealt with if it occurs in the current Fiscal Year,
was unanimously approved.
CONSENT CALENDAR
The following items were listed on
(a)
(b)
(c)
(d)
(e)
the Consent Calendar:
Allowance of Claims Nos. 3900 to 4239,
inclusive, in the amount of $1,245,640.45.
Claim for Damages from Jerry Dean Shadden
and Susie Shadden, c/o DiGiorgio, Davis,
Klein, Wegis, Duggan & Friedman, P.O.
Box 358, Bakersfield. (Refer to City
Attorney)
Claim for Personal Injuries from Josephine
Elizabeth Gonzales, 804 Bermuda Street,
Bakersfield. (Refer to City Attorney)
Claim for Damages from Marcel L. Hayes, a
minor, by and through his father Arthur L.
Hayes, c/o Law Offices of George A. Boyle,
416 Truxtun Avenue, Bakersfield. (Refer
to City Attorney)
Claim for Damages from Mini Warehouse,
Guardsmen Storage Associates, 235
Montgomery Street, Suite 1632, San Francisco,
California. (Refer to City Attorney)
234
Bakersfield, California, January 19, 1983 - Page 16
(f)
(g)
(h)
(i)
(J)
(k)
Claim for Damages from Dennis Ray Moon,
c/o Law Offices of George A. Boyle, 416
Truxtun Avenue, Bakersfield. (Refer to
City Attorney)
Claim for Damages from West American
Insurance Company on behalf of Susan
Blair, 5401 California Avenue, Suite 201,
Bakersfield. (Refer to City Attorney)
Claim for Damages and Personal Injuries
from Jelaina Munn, c/o Ronald D. Dessy,
Attorney at Law, 1508 - 18th Street,
Suite 212, Bakersfield. (Refer to City
Attorney)
Claim for Damages from Gary Lee Moon, c/o
Law Offices of George A. Boyle, 416
Truxtun Avenue, Bakersfield. (Refer to
City Attorney)
Correctory Storm Drain Easement from Park
West providing a correction in the
description of a previously recorded 20
foot storm drain easement as required by
the Planning Commission for Parcel Map
No. 6354, located at southeast corner of
Planz Road and Stine Road.
Quitclaim Deed from Genevieve Howell. In
exchange for any claims for interest in
methane gas created as a result of dis-
posal of solid waste at the Sanitary
Landfill, City will release the lease-
holder from any liability which might
arise from the landfill gas.
(1) Notices of Completion and Acceptance of
Work on:
(m)
(n)
(o)
Garland Avenue/Wible Road Storm Drain,
Contract No. 82-209 with Granite Con-
struction.
Resurfacing Montclair Street-Stockdale
Highway to Easton Drive, Stockdale High-
way-El Rio Drive to Coffee Road, Buena
Vista Road-Fraser Road to Stockdale
Highway, Contract No. 82-196 with Granite
Construction.
DELETED
Notice of Completion and Acceptance of
Work for water system improvements on
Pershing Street between 8th and 10th
Streets, Contract No. 82-38 with Cali-
fornia Water Service Company.
Notice of Completion and Acceptance of
Work for water system improvements in the
"N" and "0" Streets Alley between 8th and
9th Streets, Contract No. 82-36 with
California Water Service Company.
Bakersfield, California, January 19, 1983 - Page 17
(P)
Application for Encroachment Permit from
Ronald D. and Sharon D. Burrow, 2731
Truxtun Avenue, for construction of a 6
foot high masonry block fence along back
of sidewalk at 2731Truxtun Avenue on the
Myrtle Street side.
(q)
Contract Change Order No. 1 to Contract
No. 82-38 with California Water Service
Company for water system improvements on
Pershing Street between 8th and 10th
Streets. The Change Order is necessary
to provide payment for actual quantities
of work which exceeded estimated quantities.
The Change Order increases the original
contract of $30,262 to $3,045.35.
Sufficient funds are available through
savings from other Community Development
Projects.
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (n), (o), (p) and
(q) of the Consent Calendar, were adopted by the following roll
ca]/ vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Christensen
Noes: None
Absent: Councilmen Means, Barton
ACTION ON BIDS
Upon a motion by Councilman Christensen, low bid of
Three Way Chevrolet, in the amount of $25,818.80, for two trucks
with service bodies for Parks Division and Water Department, was
accepted and the other bid rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 2799 New
Series of the Council of the City of
Bakersfield amending Sections 5.50.160
B. and 5.50.280 of Title Five of the
Bakersfield Municipal Code permitting
the Leasing of Taxicabs.
Upon a motion by Councilman Payne, Ordinance No. 2799
New Series of the Council of the City of Bakersfield amending
Sections 5.50.160 B. and 5.50.280 of Title Five of the Bakersfield
Municipal Code permitting the Leasing of Taxicabs, was adopted by
the following roll call vote:
Ayes
Noes
Councilmen Payne, Ratty, Rockoff, Strong, Christensen
None
Absent: Councilmen Means, Barton
2?6
Bakersfield, California, January 19, 1983 - Page 18
Adoption of Ordinance No. 2800 New
Series of the Council of the City of
Bakersfield amending Sections 17.42.040
D., 17.44.020, 17.44.030 B., 17.44.040
A.1., 17.44.040 B., 17.44.060 A., and
17.44.070 of the Bakersfield Municipal
Code relative to FP-P (Floodplain
Primary) and FP-S (Floodplain Secondary)
Zones.
Upon a motion by Councilman Payne, Ordinance No. 2800
New Series of the Council of the City of Bakersfield amending
Sections 17.42.040 D., 17.44.020, 17.44.030 B., 17.44.040 A.1.,
17.44.040 B., 17.44.060 A., and 17.44.070 of the Bakersfield
Municipal Code relative to FP-P (Floodplain Primary) and FP-S
(Floodplain Secondary) Zones, was adopted by the following roll
call vote:
Ayes:
Councilmen Means, Payne, Ratty, Rockoff, Strong,
Christensen
Noes: None
Absent: Councilman Barton
Adoption of Ordinance No. 2801 New
Series of the Council of the City of
Bakersfield amending Title Seventeen
of the Bakersfield Municipal Code by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located southerly of
Stockdale Highway, approximately
one-quarter mile west of Allen Road.
The application for this amendment was made by Harold
Robertson and would change subject property from an R-S (Residential
Suburban) Zone to an R-1 (One Family Dwelling) Zone.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2801 New Series of the Council of the City of
Bakersfield amending Title Seventeen of the Bakersfield Municipal
Code by changing the Land Use Zoning of that certain property in
the City of Bakersfield located southerly of Stockdale Highway,
approximately one-quarter mile west of Allen Road, finding said
Bakersfield, California, January 19, 1983 - Page 19
2. 7
zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes:
Councilmen Means, Payne, Ratty, Rockoff, Strong,
Christensen
Noes: None
Absent: Councilman Barton
Adoption of Ordinance No. 2802 New
Series of the Council of the City of
Bakersfield amending Title Seventeen
of the Bakersfield Municipal Code by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located at 5100 District
Boulevard.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject property
from an M-1 (Light Manufacturing) Zone to an M-2 (General Manu-
facturing) Zone.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Means, Negative Declaration
and Ordinance No. 2802 New Series of the Council of the City of
Bakersfield amending Title Seventeen of the Bakersfield Municipal
Code by changing the Land Use Zoning of that certain property in
the City of Bakersfield located at 5100 District Boulevard, finding
said zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes
Councilmen Means, Payne, Ratty, Rockoff, Strong,
Christensen
Noes None
Absent: Councilman Barton
Adoption of Ordinance No. 2803 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of those certain properties
in the City of Bakersfield located
south of State Route 178 and west of
Oswell Street. (Conditional)
The application for this amendment was made by East
Bakersfield Associates and would change subject property from an
R-1 (One Family Dwelling) Zone to a C-2 (Commercial) Zone.
Bakersfield, California, January 19, 1983 - Page 20
The Planning Commission recommended approval of this
amendment with five conditions that are acceptable to the applicant.
Upon a motion by Councilman Rockoff, Negative Declaration
and Ordinance No. 2803 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of those certain properties in the City of Bakersfield
located south of State Route 178 and west of Oswell Street,
(Conditional), finding said zoning consistent with the General
Plan were adopted by the following roll call vote:
Ayes Councilmen Means, Payne, Ratty, Rockoff, Strong,
Christensen
Noes None
Absent: Councilman Barton
Adoption of Zoning Resolution No.
296 of the Council of the City of
Bakersfield denying appeal of Kern
City Golf Course to action of Planning
Commission recommending adoption of
Zoning Ordinance changing, upon
annexation, the Land Use Zoning of a
portion of the Kern City Golf Course
and changing the Land Use Zoning of
the balance of the Kern City Golf
Course which is presently within the
City of Bakersfield.
This resolution formally sets forth the decision of the
Council denying the appeal of the Kern City Gol£ Course and up-
holding the Planning Commission's recommendation for O-S (Open
Space) Zoning, both as to the portion of the golf course to be
annexed and the portion presently in the City.
Upon a motion by Councilman Means, Zoning Resolution No.
296 of the Council of the City of Bakersfield denying appeal of
Kern City Golf Course to action of Planning Commision recommending
adoption of Zoning Ordinance changing, upon annexation, the Land
Use Zoning of a portion of the Kern City Golf Course and changing
the Land Use Zoning of the balance of the Kern City Golf Course
which is presently within the City o£ Bakersfield, was adopted by
the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Means, Payne,
Christensen
None
Councilman Barton
Ratty, Rockoff,
Strong,
Bakersfield, California, January 19, 1983 - Page 21
2. 9
Adoption of Zoning Resolution No.
297 of the Council of the City of
Bakersfield granting appeal o£ Kern
City Civic Association to action of
Planning Commission recommending
adoption of Zoning Ordinance changing,
upon annexation, the Land Use Zoning
of properties belonging to the
appellant commonly known as 1003
Pebble Beach Drive.
This resolution formally sets forth the decision of the
Council granting the appeal of the Kern City Civic Association
modifying the recommendation o£ the Planning Commission to provide
that the subject property be zoned RE (Recreation upon annexation.
Upon a motion by Councilman Christensen Zoning Resoluti.3n
No. 297 of the Council of the City of Bakersfield granting appeal
of Kern City Civic Association to action of Planning Commission
recommending adoption of Zoning Ordinance changing, upon annexa-
tion, the Land Use Zoning of properties belonging to the appellant
commonly known as 1003 Pebble Beach Drive, was adopted by the
following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong,
Christensen
Noes: None
Absent: Councilman Barton
NEW BUSINESS
First reading and re£erral of an
Ordinance of the Council of the City
of Bakersfield adding Chapter 5.23
(Escort Bureaus and Dating Services)
to Title 5 (Business Taxes, Licenses
and Regulations) of the Bakersfield
Municipal Code.
The Police Department requested that due to the pro-
liferation of escort bureaus and dating services and history of
abuse of such businesses in the furtherance of prostitution and
other criminal activity makes the enactment of this ordinance
regulating the conduct of such businesses necessary in order to
protect the public health and welfare.
Upon a motion by Councilman Rockoff, first reading was
considered given an Ordinance of the Council of the City of
Bakersfield, California, January 19, 1983 - Page 22
mendation
Ordinance.
Bakersfield adding Chapter 5.23 (Escort Bureaus and Dating Services)
to Title 5 (Business Taxes, Licenses and Regulations) of the
Bakersfield ~unicipal Code, and the ordinance was referred to the
Governmental Efficiency and Personnel Committee with the recom-
that it come back to the Council as an Emergency
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield ~unicipal Code by amend-
ing Sections 17.64.030 A.2. and
17.64.070 D.2. relative to Modifi-
cations.
This proposed ordinance amendment is intended to clarify
what City staff believes to be City policy relative to the Board
of Zoning Adjustment authority to consider applications for Modifi-
cations of height, yard and lot area regulations for all or any
lots within a subdivision.
The Board of Zoning Adjustment requires that any Modifi-
cations concerning four or more lots be subject to an advertised
public hearing.
The Board of Zoning Adjustment approved the proposed
amendment and recommends adopted by the City Council.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Title Seventeen of the
Bakersfield Municipal Code by amending Sections 17.64.030 A.2. and
17.64.070 D.2. relative to Modifications.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Chapter
17.06 (Zoning Map) of the Municipal
Code of the City of Bakersfield,
regarding Prezoning of property
known as 2io ~ravo ~o. Z Annexation.
This amendment was initiated by the Planning Commission
and would prezone those certain properties proposed for annexation
to an R-1 (One Family Dwelling) and R-2 (Limited Multiple Family
Dwelling), or more restrictive Zones.
Bakersfield, California, January 19, 1983 - Page 23
The Planning Commission found the proposed zoning
consistent with the overall Rio Bravo Golf Course Development Plan
and Land Use Element of the General Plan and recommended approval
of the prezoning for the Rio Bravo No. 2 Annexation.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.06.020 of
Chapter 17.06 (Zoning Map) of the Municipal Code of the City of
Bakersfield regarding Prezoning of property known as Rio Bravo No.
2 Annexation.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of
certain property in the City of
Bakersfield commonly known as the
Kern City Golf Course.
This ordinance implements the recommendations of the
Planning Commission, and decision of the City Council on appeal
therefrom, concerning a change of zoning for portions of Kern City
Golf Course presently within the City.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
by changing the Land Use Zoning of certain property in the City
of Bakersfield commonly known as the Kern City Golf Course.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Chapter
17.06 (Zoning Map) of the Municipal
Code of the City of Bakersfield,
regarding Prezoning of property
known as Kern City No. 2 Annexation.
This ordinance implements the recommendations of the
Planning Commission, and decision of the City Council on the
appeal therefrom, concerning Zoning Upon Annexation of Kern City
No. 2 Annexation.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.06.020 of
Chapter 17.06 (Zoning Map) of the ~unicipal Code of the City of
Bakersfield, regarding Prezoning of property known as Kern City
No. 2 Annexation.
242
Bakersfield, California, January 19, 1983 - Page 24
Adoption of Resolution No. 9-83 of
the Council of the City of Bakers-
field providing for the adjustment
of Property Tax Revenues upon local
agency jurisdictional change
resulting from Annexation No. 288,
LAFCO Proceeding No. 798 (Park
Stockdale).
The Park Stockdale Annexation cannot be finalized until
there is
the County and City. The County has agreed,
this exchange of Property Tax Revenues.
Upon a motion by Councilman Payne,
a negotiated exchange of Property Tax Revenues between
by resolution, to
Resolution No. 9-83
of the Council of the City of Bakersfield providing for the adjust-.
ment of Property Tax Revenues upon local agency jurisdictional
change resulting from Annexation No. 288, LAFCO Proceeding No. 798
(Park Stockdale), was adopted by the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong,
Christensen
Noes: None
Absent: Councilman Barton
Adoption of Resolution No. 10-83 of
the Council of the City of Bakers-
field establishing a fee for pro-
cessing Land and Assessment Division
Applications pursuant to the pro-
visions of the "Improvement Bond Act
of 1915."
This resolution approves a fee schedule that will reim-
burse the City for necessary costs in processing applications for
division of land and bonds for Assessment District No. 81-1,
located between Panama Lane and Pacheco Road, east of South "H"
Street.
Upon a motion by Councilman Payne, Resolution No. 10-83
of the Council of the City of Bakersfield establishing a fee for
processing Land and Assessment Division Applications pursuant to
the provisions of the "Improvement Bond Act of 1915," was adopted
by the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong,
Christensen
Noes: None
Absent: Councilman Barton
Bakersfield, California, January 19, 1983 - Page 25
243
Adoption of Resolution of Intention
No. 965 of the Council of the City of
Bakersfield to establish Maintenance
District No. 3 (Campus Park).
This proposal establishes a Maintenance District to
provide for payment of costs and expenses of maintaining park
facilities and landscaping and street landscaping in the Campus
Park area, between Gosford Road and Old River Road, south of White
Lane. The formation of this District was requested by the property
owners in the area.
Upon a motion by Councilman Ratty, Resolution of
Intention No. 965 of the Council of the City of Bakersfield to
establish Maintenance District No. 3 (Campus Park), was adopted
by the following roll call vote:
Ayes Councilmen Means, Payne, Ratty, Rockoff, Strong,
Christensen
Noes None
Absent: Councilman Barton
Adoption of Resolution No. 11-83 of
the Council of the City of Bakers-
field preliminarily adopting, con-
firming and approving Public Works
Director's Report; appointing time
and place for hearing protests to
the proposed District; the boundaries
thereof; the fairness of the benefit
formula; the amount of assessment to
be levied against each parcel and the
reservation of right to perform work
by City forces (Resolution of Inten-
tion No. 965 - Maintenance District
No. 3).
This resolution gives preliminary approval to the report
of the Director of Public Works, including Maintenance District No.
3 (Campus Park) boundary, benefit formula, budget and assessments,
and sets the protest hearing for the Council Meeting of February
9, 1983.
Upon a motion by Councilman Ratty, Resolution No. 11-83
of the Council of the City of Bakersfield preliminarily adopting,
confirming and approving Public Works Director's Report; appointing
time and place for hearing protests to the proposed District; the
Bakersfield, California, January ~9, 1983 - Page 26
boundaries thereof; the fairness of the benefit formula; the
amount of assessment to be levied against each parcel and the
reservation of right to perform work by City forces (Resolution
o£ Intention No. 965 - Maintenance District No. 3), was adopted
by the following roll call vote:
Ayes:
Councilmen Means, Payne, Ratty, Rockoff, Strong,
Christensen
Noes: None
Absent: Councilman Barton
Adoption of Resolution of Intention
No. 966 of the Council of the City of
Bakersfield to establish Maintenance
District No. 4 (The Oaks).
This proposal establishes a Maintenance District to
provide for payment of costs and expenses of maintaining park
facilities and landscaping and street landscaping in "The Oaks"
area, which is a portion of 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 formation of this District was
requested by the property owners in the area.
Upon a motion by Councilman Payne, Resolution of
Intention No. 966 of the Council of the City of Bakersfield to
establish Maintenance District No. 4 (The Oaks), was adopted by
the following roll call vote:
Ayes
Councilmen Means, Payne, Ratty, Rockoff, Strong,
Christensen
Noes None
Absent: Councilman Barton
Adoption of Resolution No. 12-83 of
the Council of the City of Bakers-
field preliminarily adopting, con-
firming and approving Public Works
Director's Report; appointing time
and place for hearing protests to
the proposed District; the boundaries
thereof; the fairness of the benefit
formula; the amount of assessment to
be levied against each parcel and the
reservation of right to perform work
by City forces (Resolution of Inten-
tion No. 966 - Maintenance District
No. 4).
Bakersfield, California, January 19, 1983 - Page 27
of
of
No. 966 - Maintenance District No.
roll call vote:
Ayes:
This resolution gives preliminary approval to the report
of the Director of Public Works, including Maintenance District
No. 4 (The Oaks) boundary, benefit formula, budget and assessments,
and sets the protest hearing for the Council Meeting of February
9, 1983.
Upon a motion by Councilman Payne, Resolution No. 12-83
of the Council of the City of Bakersfield preliminarily adopting,
confirming and approving Public Works Director's Report; appointing
time and place for hearing protests to the proposed District; the
boundaries thereof; the fairness of the benefit formula; the amount
assessment to be levied against each parcel and the reservation
right to perform work by City forces (Resolution of Intention
4), was adopted by the following
Councilmen ~eans, Payne, Ratty, Rockoff, Strong,
Christensen
Noes: None
Absent: Councilman Barton
Adoption of Resolution of Intention
No. 967 of the Council of the City of
Bakersfield to establish Maintenance
District No. 5 (Haggin Oaks).
This proposal establishes a Maintenance District to
provide payment of costs and expenses of maintaining park faciliti,~s
and landscaping and street landscaping in the Haggin Oaks area,
southwesterly of the intersection of Ming Avenue and the Arvin-
Edison Canal. The formation of this District was requested by the
property owners in the area.
Upon a motion by Councilman Payne, Resolution of
Intention No. 967 of the Council of the City of Bakersfield to
establish Maintenance District No. 5 (Haggin Oaks), was adopted by
the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Means, Payne,
Christensen
None
Councilman Barton
Ratty, Rockoff,
Strong,
Bakersfield, California, January 19, 1983 - Page 28
Adoption of Resolution No. 13-83 of
the Council of the City of Bakers-
field preliminarily adopting, con-
firming and approving Public Works
Director's Report; appointing time
and place for hearing protests to
the proposed District; the boundaries
thereof; the fairness of the benefit
formula; the amount of assessment to
be levied against each parcel and the
reservation of right to perform work
by City forces (Resolution of Inten-
tion No. 967 - Maintenance District
No. 5).
This resolution gives preliminary approval to the report
of the Director of Public Works, including benefit formula, budget
and assessments, and sets the protest hearing for the Council
Meeting of February 9, 1983.
Upon a motion by Councilman Payne, Resolution No. 13-83
of the Council of the City of Bakersfield preliminarily adopting,
confirming and approving Public Works Director's Report; appointing
time and place for hearing protests to the proposed District; the
boundaries thereof; the fairness of the benefit formula; the amount:
of assessment to be levied against each parcel and the reservation
of right to perform work by City forces (Resolution of Intention
No. 967 - Maintenance District No. 5), was adopted by the following
roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong,
Christensen
Noes: None
Absent: Councilman Barton
Adoption of Resolution of Intention
No. 968 of the Council of the City of
Bakersfield to establish Maintenance
District No. 6 (Parkside Village
South).
This proposal establishes a Maintenance District to
provide payment of costs and expenses of maintaining park facilitic. s
and landscaping and street landscaping in the Parkside Village
South area, southwesterly of the intersection of Ming Avenue and
Gosford Road. The formation of this District was requested by the
property owners in the area.
Bakersfield, California, January 19, 1983 - Page 29
247
Upon a motion by Councilman Ratty, Resolution of Intention
No. 968 of the Council of the City of Bakersfield to establish
Maintenance District No. 6 (Parkside Village South), was adopted
by the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong,
Christensen
Noes: None
Absent: Councilman Barton
Adoption of Resolution No. 14-83 of
the Council of the City of Bakers-
field preliminarily adopting, con-
firming and approving Public Works
Director's Report; appointing time
and place for hearing protests to
the proposed District; the boundaries
thereof; the fairness of the benefit
formula; the amount of assessment to
be levied against each parcel and the
reservation of right to perform work
by City forces (Resolution of Inten-
tion No. 968 - Maintenance District
No. 6).
This resolution gives preliminary approval to the report
of the Director of Public Works, including Maintenance District No.
6 (Parkside Village South), boundary, benefit formula, budget and
assessments, and sets the protest hearing for the Council Meeting
of February 9, 1983.
Upon a motion by Councilman Rockoff, Resolution No. 14-83
of the Council of the City of Bakersfield preliminarily adopting,
confirming and approving Public Works Director's Report; appointing
time and place for hearing protests to the proposed District; the
boundaries thereof; the fairness of the benefit formula; the amount
of assessment to be levied against each parcel and the reservation
of right to perform work by City forces (Resolution of Intention
No. 968 - Maintenance District No. 6), was adopted by the following
roll
Ayes:
Noes
Absent:
call vote:
Councilmen Means, Payne,
Christensen
None
Councilman Barton
Ratty, Rockoff,
Strong,
Bakersfield, California, January 19, 1983 - Page 30
Adoption of Resolution of Intention
No. 969 of the Council of the City of
Bakersfield to establish Maintenance
District No. 7 (Stockdale Centre).
This proposal establishes a Maintenance District to
provide payment of costs and expenses of maintaining street land-
scaping in the Stockdale Centre area, located north of Ming Avenue,
between Old River Road and the Arvin-Edison Canal. The formation
of this District was requested by the property owners in the area.
Upon a motion by Councilman Payne, Resolution of
Intention No. 969 of the Council of the City of Bakersfield to
establish Maintenance District No. 7 (Stockdale Centre), was
adopted by the following roll call vote
Ayes: Councilmen Means, Payne, Ratty Rockoff, Strong,
Christensen
Noes: None
Absent: Councilman Barton
Adoption of Resolution No. 15-83 of
the Council of the City of Bakers-
field preliminarily adopting, con-
firming and approving Public Works
Director's Report; appointing time
and place for hearing protests to
the proposed District; the boundaries
thereof; the fairness of the benefit
formula; the amount of assessment to
be levied against each parcel and the
reservation of right to perform work
by City forces (Resolution of Inten-
tion No. 969 - Maintenance District
No. 7).
This resolution gives preliminary approval to the report
of the Director of Public Works, including Maintenance District No.
7 (Stockdale Centre) boundary, benefit formula, budget and assess-
ments, and sets the protest hearing for the Council Meeting of
February 9, 1983.
Upon a motion by Councilman Payne, Resolution No. 15-83
of the Council of the City of Bakersfield preliminarily adopting,
confirming and approving Public Works Director's Report; appointing
time and place for hearing protests to the proposed District; the
bounaries thereof; the fairness of the benefit formula; the amount
Bakersfield, California, January 19, 1983 - Page 31
249
of assessment to be levied against each parcel and the reservation
of right to perform work by City forces (Resolution of Intention
No. 969 - Maintenance District No. 7), was adopted by the following
roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong,
Christensen
Noes: None
Absent: Councilman Barton
Approval of Agreement with East
Bakersfield Associates for partici-
pation in cost of installing traffic
signals at the intersection of
Bernard Street and Oswell Street.
East Bakersfield Associates agrees to share the cost of
installing a traffic signal at the intersection of Bernard Street
and Oswell Street when the signal is warranted. East Bakersfield
Associates agrees to pay 50% of the cost, not to exceed $50,000.
Upon a motion by Councilman Rockoff, Agreement with
East Bakersfield Associates for participation in cost of installing
traffic signals at the intersection of Bernard Street and Oswell
Street, was approved and the Mayor was authorized to execute same.
Approval of License Agreement between
the City of Bakersfield and Warner
Amex Cable Communications, Inc., for
Secondary Receiver Antenna.
This License Agreement authorizes the City to attach a
secondary (satellite) receiver antenna for the City's emergency
services radio system to an existing microwave receiving tower
belonging to Warner Amex. The City is to pay for any utility
service required for operation of City equipment. There is no
charge to the City for the license.
Upon a motion by Councilman Payne, License Agreement
between the City of Bakersfield and Warner Amex Cable Communications,
Inc., for Secondary Receiver Antenna, was approved and the Mayor
was authorized to execute same.
25O
Bakersfield, California, January 19, 1983 - Page 32
Approval of Request from ARCO for
installation of a Sign 60 feet in
height at the southeast corner of
Real Road and California Avenue.
All signs exceeding 50 feet in height require Council
approval. ARCO has started construction of new facilities at this
location and requests approval of this sign for identification
purposes. This parcel of property is adjacent to Highway 99. The
area of the proposed sign meets the requirements for that zone.
The City Council has approved other signs exceeding 50 feet in
height in the immediate area.
Councilman Means made a motion that the request from
ARCO for installation of a Sign 60 feet in height at the southeast
corner of Rea~ Road and California Avenue, be approved.
Councilman Rockoff stated he is going to vote no on the
motion because he feels the sign should be reviewed so it will not
automatically be a conforming sign should the Council finally come
to a meeting of the minds on the Sign Ordinance.
Upon a motion by Councilman Means, request from ARCO for
installation of a Sign 60 feet in height at the southeast corner
of Real Road and California Avenue, was approved by the following
roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Strong, Christensen
Noes: Councilman Rockoff
Absent: Councilman Barton
Adoption of Resolution No. 16-83
approving the Application and
Acceptance of a Cultural Resource
Survey Grant from the California
State Department of Parks and
Recreation for an amount not to
exceed $20,000 and appropriating
funds for said Program.
A Historic Preservation Commission was authorized to be
established under the recently adopted Historic Preservation
Ordinance. As a result of the establishment of this Commission,
certain grant monies are available to continue with the City's
Bakersfield, California, January 19, 1983 - Page 33
Historic Preservation effort. To be eligible for these grant
monies, the City must make application by January 31st, in order
to insure the City's request will be considered.
Upon a motion by Councilman Christensen, Resolution No.
16-83 approving the Application and Acceptance of a Cultural
Resource Survey Grant from the California State Department of
Parks and Recreation for an amount not to exceed $20,000 and
appropriating funds for said Program, was adopted by the following
roll call vote:
Ayes Councilmen ~eans, Payne, Ratty, Rockoff, Strong,
Christensen
Noes None
Absent: Councilman Barton
There being no
Council, upon a motion by Councilman Christensen,
adjourned at 9:40 P.M.
ADJOURNMENT
further business to come before the
the meeting was
MAYOR of Bakersfield,
ATTEST:
CIT d Ex Officio Clerk of the Council
of the City of Bakersfield, California
ma
Calif.
252
Bakersfield, California, February 2, 1~83
Minutes o£ a joint public hearing of the Council of the
City of Bakersfield and the Bakersfield Redevelopment Agency, held
in the Council Chambers of City ~all at 6:00 P.~L, February 2, 19813.
The meeting was called to order by ?~ayor Shell and Agency
Chairman Barton, followed by the Pledge of Allegiance and a minute
of silent prayer.
The City Clerk called the roll of the Council, as follows:
Present: ~ayor Shell. Councilmen Rockoff, Strong, Barton,
Christensen, ~{eans (seated at
6:07 P.~.)
Absent: Councilmen Payne, Ratty
The City Clerk called the roll of the Agency, as follows
Agency ~lembers Rockoff, Strong, Barton, Christensen,
Heans (seated at 6:07 P.M.)
Present:
Absent: Agency Members Payne, Ratty
City Attorney Oberholzer stated Councilman
member of the Redevelopment Agency, however, he will
Ratty is a
not attend
any of the meetings due to a real or imaginary conflict of interest.
As a member of the Council he cannot participate in Redevelopment
Agency matters. Councilman Payne can participate in Redevelopment
Agency matters, on an item by item basis, due to a recent decision
of the Fair ~olitical Practices Cor0r~ission.
STAFF ~EPORT
City ~{anager Kelmar stated Calvin Hollis, Consultant for
the 2edevelopment Agency, was to be present tonight to discuss the
required analysis of the Revised 33433 Report, however, due to
weather conditions all highways from Los Angeles have been closed
and he could not make it. The hearing can be continued until
tomorrow if the Council so desires. It is important that this
matter be acted on as soon as possible, because the potential
purchasers have certain deadlines that have to be met over the
next few weeks.
Upon a motion by Councilman Christensen, the Council
(Redevelopment Agency) voted in favor of proceeding with the hearing
tonight.
Bakersfield, California, February 2, 1983 - Page 2
Mayor Shell announced that the purpose of this public
hearing was to consider the proposed sale of the 17th and "K"
Streets Parking Facility, pursuant to an agreement between the
Bakersfield Redevelopment Agency and Mr. Curtis Darling and Mr.
Milton Younger.
City Manager and Executive Director of the Redevelopment
Agency Kelmar stated the parking garage was built in 1974 as part
of the Bank of America Project and the financing, at that time,
was predicated on the income generated from the garage and tax
increments from the building. The combination of that income was
deemed to be adequate, at that time, to retire the debt. A couple
of important facts led the Council and Agency to this point in
time. At the time the agreement with various tenants of the
building were entered into approximately 180 of the 256 spaces
were leased, on a permanent basis, for the life of the bonds at
$10.00 per month, with only minor increases allowed depending on
increases in operating costs of the garage. The other problem was
Proposition 13, which, basically, threw this whole planned financing
out of line to the point where, as indicated in the report from
Katz, Hollis, Coren & Associates, Inc., in 1983 through the whole
transaction the City will have about a $100,000 loss. When the
City was originally approached about the purchase of the garage
the consultants were requested to determine, in their opinion, the
fair value of the garage. It is important that everyone understand
that this is not a normal type of real estate transaction. Normally,
with increases, inflation, etc., there would be an increase in
value. This is a very unique situation because this is a garage
with fixed rents and, normally, no one would want to purchase it
as a piece of real estate, because it would be a poor investment.
In reality the garage only has value to someone who owns the build~Lng
and that is the critical point. This has to be looked at from a
di£ferent standpoint. What is it worth to a developer to make an
investment, such as this, and be able to receive a reasonable rate
Bakersfield, California, February 2, 1983 - Page 3
of return. The determination was made looking at it on that basis
and what it meant to the City in terms of cost to retain the garage.
In essence, it was really looked at on an operational basis, rather
than a normal real estate transaction. Obviously, there are other
values to the transaction, as far as the City is concerned. From
the standpoint of redevelopment, a large building downtown with a
significant amount of vacancy, due to lack of parking, and the City
should do what it can to see the building is filled, because other
investors may look at the downtown area. The staff investigated
the possibility of building another floor on the parking garage
and it was not feasible. The cost, right now, to build one additional
floor was 75%,or more, of the original cost of the entire garage.
The benefit to the City will be that the purchasers of the garage
intend to build another floor of parking that will enable the
building to be leased up. The parking will be provided by the
public sector versus being provided by the City and it will be
placed on the tax rolls. With the purchase of the building there
will be significant tax increments generated to the Redevelopment
Agency by the teevaluation. The main point is, there is a signi-
ficant value from the standpoint of redevelopment, economics to
the City and it has to be ~ooked at as not being a normal type of
real estate transaction.
PUBLIC TESTIMONY
Mayor Shell openedthe hearing and called for written and
oral comments from persons objecting to the proposed sale of the
17th and "K" Streets Parking Facility. No written comments were
received and no one in the audience indicated a wish to speak in
opposition.
Mayor Shell called for written and oral comments from
persons in favor of the proposed sale of the 17th and "K" Streets
Parking Facility.
Mr. Curtis Darling, one of the purchasers and representing
)~r. Milton Younger, stated they are trying to put together a
Bakersfield, California, February 2, 1983 - Page 4
syndication to buy the Bank of America Building and Parking Garage.
The two will have to be purchased or they will not have anything
to tie the project together. They appreciate the matter being
considered tonight because until it is approved the project cannot
go forward. They feel this project will make a substantial con-
tribution to the downtown area and requested that the Council and
Redevelopment Agency vote in favor of it.
No written comments were received and no one else in
the audience indicated a wish to speak in favor, and Mayor Shell
closed the public portion of the hearing for deliberation and action.
City Attorney Oberholzer outlined changes that were made
in the agreement with Mr. Darling and ~lr. Younger, as follows:
Page 3 - Paragraph 4 - The last sentence was
deleted and now reads, "The total amount of
encumbrances on sellers interest shall not
exceed the lesser of $775,000 or the actual
construction cost of said third level. If
actual construction cost exceeds $775,000
purchaser may elect to terminate this agree-
ment. Such election to terminate must be
exercised by purchaser within 30 days after
the date that this agreement was entered."
That means that 30 days from tonight, if this agreement
is approved, the purchaser must determine whether or not he wants
to go ahead with the project. The reason this arose is because
there may be requirements that the building be sprinkled and
brought up to certain earthquake standards if a third level is
constructed. That would mean additional expenditures above what
was anticipated and may run up into the million dollar range. Under
those conditions the purchaser may not want to proceed with the
purchage of the garage, because they would be required to put on a
third level at that cost.
Page 9 - Paragraph 24 was rewritten. The terms
of the note is 15 years and Paragraph 24
originally provided that there could be no sale
or transfer of any interest in the garage during
the 15 year period, or while the note was in
existence, and if there was then the entire
amount would be due and payable to the City.
The purchaser intends to syndicate this after
a l0 year period and this is the provision, as
revised.
256
Bakersfield, California, February 2, 1983 - Page 5
"Should purchaser sell the parking structure or
any interest therein, prior to l0 years after
the date of close of escrow of this agreement,
then the remainder debt due from the purchaser
to seller shall be due and payable immediately.
Should purchaser sell the parking structure,
or more than 66 2/3% interest therein, after
l0 years after the date of close of escrow and
prior to completion of payments as set forth
in Paragraph 2 of this agreement, then the
remaining debt due from the purchaser to the
seller shall be due and payable immediately."
This means that Mr. Darling and Mr. Younger can sell all
but 1/3% of their interest, which they must retain after l0 years
prior to the final payment on the note. From the l0 to 15 year
period they can syndicate, but will have to retain 1/3% ownership
in the structure.
Councilman Means asked the City Attorney if he would
have a conflict of interest in this matter because Mr. Milton
Younger contributed to his campaign when he ran for State Assembly.-
man.
City Attorney Oberholzer stated a new law went into
effect January 1, 1983, which prohibits members of Boards and
Commission, not elected officials, from participating in voting on
measures in which a contribution of $250.00, or more, was received
from an individual who may be directly affected by that vote. It
does not apply to contributions received or made prior to January l,
1983. If a contribution is received from now on, from an individual,
that person would be excluded from participating for a 12 month
period. If it is in excess of $250.00, if you are a member of a
board or commission, not as a City Councilman, because that is an
elected office. City Attorney Oberholzer stated Councilman Means
could vote and participate this evening.
Adoption of Resolution No. 17-83 of
the City Council of the City of
Bakersfield approving and authorizing
the execution of an Agreement between
the Bakersfield Redevelopment Agency
and Milton Younger and Curtis Darling.
Upon a motion by Councilman Christensen, Resolution No.
17-83 of the City Council of the City of Bakersfield approving and
Bakersfield, California, February 2, 1983 - Page 6
2. 7
authorizing the execution of an Agreement between the Bakersfield
Redevelopment Agency and Milton Younger and Curtis Darling, was
adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means
Noes: None
Absent: Councilmen Payne, Ratty
Adoption of Resolution No. RA3-83 of
the Bakersfield Redevelopment Agency
approving and authorizing the exe-
cution of an Agreement between the
Agency and Milton Younger and Curtis
Darling.
Upon a motion by Agency Chairman Barton, Resolution No.
RA3-83 of the Bakersfield Redevelopment Agency approving and
authorizing the execution of an Agreement between the Agency and
Milton Younger and Curtis Darling, was adopted by the following
roll call vote:
Ayes Agency Members Rocko£f, Strong, Barton, Christensen,
Means
Noes None
Absent: Agency Members Payne, Ratty
City Manager Kelmar stated staff would like to schedule
Workshops with the Redevelopment Agency from l:00 P.M. to 3:00 P.M.
on Monday, Tuesday and Thursday of next week on the Proposed Down-
town Plan, and requested that the Redevelopment Agency recess until
Monday at 1:00 P.M.
COUNCIL - ADJOURNMENT
Upon a motion by Councilman Christensen, joint public
hearing before the Council and Redevelopment Agency on the proposed
sale of the 17th and "K" Streets Parking Facility pursuant to an
agreement between the Bakersfield Redevelopment Agency and Mr.
Curtis Darling and Mr. Milton Younger, was adjourned at 6:30 P.M.
REDEVELOPMENT AGENCY - NEW BUSINESS
Agency Chairman Barton suggested that the following
Redevelopment Agency Committee be appointed:
Bakersfield, California, February 2, 1983 - Page 7
Development and Relocation Committee
Agency ;iember Rockoff - Chairman
Agency Member Strong - Member
Agency Member Barton - Member
Parking and Landbanking Committee
Agency Member Christensen - Chairman
Agency Member Means - Member
Agency Member Payne Member
Upon a motion by Agency Member Means, Redevelopment
Agency Committees as suggested by Agency Chairman Barton, were
approved.
REDEVELOPMENT AGENCY - RECESS
Upon a motion by Agency Member Christensen, the Redevelop-
ment Agency recessed its meeting at 6:35 P.M., until Monday,
February 7, 1983, at l:00 P.M.
ATTEST:
MAYOR o~i~y of Bakersfield, Calif.
CITY CLERK a~nd Ex/Officio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, February 2, 1983
2. 9
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., February 2, 1983.
The meeting was called to order by Mayor Shell,
by the Pledge of Allegiance and Invocation by Mayor Shell.
The City Clerk called the roll as follows:
Present:
Absent:
1983,
followed
Mayor Shell. Councilmen Payne, Ratty, Rockoff, Strong,
Barton, Christensen, Means
None
Minutes of the regular meetings of January 12 and 19,
were approved as presented.
CORRESPONDENCE
Upon a motion by Councilman Rockoff communication from
Donna Parson, 208 Lois Lane, dated January 31 1983, regarding a
petition sent to the Council requesting a barricade on Lois Lane,
was received and referred to staff.
COUNCIL STATEMENTS
Upon a motion by Councilman Christensen, Mr. Bob A.
Johnston, 4705 Treanna Court, was appointed to the Miscellaneous
Departments Civil Service Board, term expiring December 31, 1986.
This appointment replaces Mr. Stanley E. Jones whose term expired
December 31, 1982.
Councilman Strong announced he intends to nominate Lynn
Noel, 4201 California Avenue, Apt. 13, as his appointee to the
Historic Preservation Commission at the next Council Meeting.
Councilman Strong announced he intends to nominate
Stephanie Campbell, 1408 Virginia Avenue, as his appointee to the
California Avenue Park Neighborhood Facility Citizens Advisory
Committee at the next Council Meeting.
Upon a motion by Councilman Barton, Mr. William Jing,
2730 3rd Street, was reappointed to the Miscellaneous Depart-
ments Civil Service Board, term expiring December 31, 1986.
Bakersfield, California, February 2, 1983 - Page 2
Councilman Rockoff announced he intends to nominate Mr.
Michael Serban to fill a vacancy on the Citizens Auditorium-
Recreation Committee.
Upon a motion by Councilman Rockoff, Mayor Shell's
appointment of Mr. William Tuculet, 120 Monte Vista Drive, to the
Historic Preservation Commission, was approved.
REPORTS
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 2-83 regarding Escort
Services, as follows:
The Governmental Efficiency and Personnel
Committee recently met with the staff and Mr.
Melvin Dean at the request of the City Council
to discuss a proposed ordinance regarding
escort services. This ordinance, as submitted
to the Council two weeks ago, related to escort
services and dating services with the same
regulations for both. During our discussions,
it was determined that there is a considerable
difference between these two services and the
same rules and regulations are not appropriate.
The Police Department has assured us that their
concerns are more in the area of escort services
in that illegal activities are more prevalent
in this area than in the dating services.
We have, therefore, requested the City Attorney
to rewrite the ordinance as originally submitted
to the Council and exclude any reference to
dating services. This issue will be discussed
at a later date by the Governmental Efficiency
and Personnel Committee and recommendations
will be forthcoming to the Council.
In an attempt to eliminate any possible illegal
activity in the escort services in the near
future, this Committee is recommending Council
approval of the ordinance and consider it as
an Emergency Ordinance.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 2-83 regarding Escort Services,
was accepted.
Adoption of Emergency Ordinance No.
2804 New Series of the Council of
the City of Bakersfield adding
Chapter 5.23 (Escort Bureaus) to
Title 5 (Business Taxes, Licenses
and Regulations) of the Bakersfield
Municipal Code.
Bakersfield, California, February 2, 1983 - Page 3
Upon a motion by Councilman Payne, Emergency Ordinance
No. 2804 New Series of the Council of the City of Bakersfield
adding Chapter 5.23 (Escort Bureaus) to Title 5 (Business Taxes,
Licenses and Regulations) of the Bakersfield Municipal Code, was
adopted by the following roll call vote:
Ayes:
Noes:
Councilmen Payne, Ratty, Rockoff,
Christensen, Means
None
Strong, Barton,
Absent: None
Councilman Payne,
and Personnel Committee,
with Keil & Avery, Inc.,
as follows:
Chairman o£ the Governmental Efficiency
read Report No. 3-83 regarding Agreement
as City's Chief Labor Relations Negotiator,
At the January 19, 1983, City Council Meeting
the Governmental Efficiency and Personnel Committee
recommended, and the Council approved, the
cancellation of a contract with Becker & Bell
as this City's Chief Labor Relations Negotiator.
Since that time, we have met with Mr. Bill
Avery with the firm o£ Keil & Avery in regards
to retaining him in this capacity.
As the Council knows, Mr. Avery filled in for
Gene Bell in August of 1982, to finalize agree-
ments with the various unions. Since that time,
he has proven to be a very competent and pro-
fessional replacement.
As outlined in the agreement, Mr. Avery's
services will cost the City $18,600 per year,
which is slightly less than the agreement with
Becker & Bell. This agreement is for a two-
year period, with a ninety day cancellation
clause.
The Governmental Efficiency and Personnel
Committee is recommending Council approval of
this report and requests authorization for the
Mayor to execute the agreement with Keil &
Avery, Inc.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 3-83 regarding Agreement with
Keil & Avery, Inc., as City's Chief Labor Relations Negotiator, was
accepted; and agreement with Keil & Avery, Inc., was approved and
the Mayor was authorized to execute same.
Bakersfield, California, February 2, 1983 - Page 4
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 3-83 regarding Animal Control
Ordinance, as follows:
On December 1, 1982, the City Council approved
a recommendation by this Cor~mittee to amend
the agreement between the City of Bakersfield
and the S.P.C.A. through June 30, 1983, in-
cluding an annual increase of $18,000. As was
noted in our recommendations in the report of
December 1, 1982, we have continued to explore
possible alternatives for funding S.P.C.A.
operations (other than through the Genera~
Fund as currently being done).
Recently, we invited all veterinarians licensed
in the City of Bakersfield to attend a meeting
with this Committee so we could exchange ideas,
thoughts and recommendations. In an effort to
increase the percentage of animals licensed in
the City of Bakersfield, thereby, generating
more revenues to fund the S.P.C.A. operations,
several suggestions surfaced that this Committee
feels need further investigation. There were,
however, two recommendations this Committee
feels could be acted on immediately. First, the
veterinarians noted the current Dog License is
for a period of one year, while rabies vac-
cinations are for just over two years. The
veterinarians felt a change in the Animal
Control Ordinance to have Dog Licenses run con-
current with rabies vaccinations would increase
the percentage of animal owners licensing their
animals. Second, it was suggested the animal
owners need to be better informed with regards
to the requirements, fees, penalties, etc., as
set forth in the Animal Control Ordinance.
Therefore, this Committee recommends:
The City Council direct the City Attorney
to prepare the necessary amendments to the
Animal Control Ordinance to affect a change
whereby Dog Licenses will run concurrent
with rabies vaccinations and that this be
considered first reading.
The City Council direct the City Attorney
to prepare a letter for distribution by
the veterinarians to the animal owners.
The letter should outline and explain the
contents of the Animal Control Ordinance.
In order to examine the effects of these
this Committee will be meeting with the
veterinarians in approximately 90 days.
changes,
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 3-83 regarding Animal Control Ordinance,
Bakersfield, California, February 2, 1983 - Page 5
was accepted; and the City Attorney was directed to prepare the
necessary amendments to the Animal Control Ordinance to affect a
change whereby Dog Licenses will run concurrent with rabies
vaccinations and prepare a letter for distribution by Veterinarians
to animal owners outlining and explaining the contents o£ the
Animal Control Ordinance.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 6.04.~050 (B) of
the Bakersfield Municipal Code
relative to Dog Licenses.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Chapter 6.04.050 (B)
of the Bakersfield ;~unicipal Code relative to Dog Licenses.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 4-83 regarding 1982-83 Budget,
as follows:
At the City Council Meeting of January 19, 1983,
the City Manager reported to the City Council
on the Governor's plan for eliminating the
State's current year deficit as well as the
proposed budget for the 1983-84 fiscal year.
He stated it is important for the City Council
to be aware of the possible rami£ications of
this proposal on the present fiscal year as
well as next fiscal year. The City Manager
pointed out the potential impact on the City
to be an additional reduction of $425,000
(above the $1,500,000 previously reduced), for
fiscal year 1982-83 and a proposed reduction
of subventions of approximately $1,700,000 for
fiscal year 1983-84. The City Council referred
the matter to the Budget Review and Finance
Committee for immediate study and a report back
to the Council on how this potential loss could
be dealt with if it occurs during the current
fiscal year.
This Committee has met with the City Manager
to review the potential impact on the 1982-83
budget. During the course of our discussions
we were apprised of the recent final approval
of the Public Employees Retirement System
(PERS) Board of Administration's decision to
give various amounts of fiscal relief for the
State, schools, and public agencies by adjust-
ments to the Retirement Fund "Reserved for
Deficiencies." Preliminary estimates indicate
Bakersfield, California, February 2, 1983 - Page 6
the City will receive fiscal relief amounting
to approximately $802,000. The relief will
come in the form of a reduction in the amount
of employer contribution requirements, equally
distributed each month, January through June,
1983.
Additionally, we were apprised of a recent
court decision addressing compensation as
defined in Government Code Section 20022. The
court decision determined that both uniform
allowance and holiday pay are to be considered
compensation, therefore, to be reported to
PERS. It was also determined the amount to
be reported to PERS for active members is
retroactive to December 18, 1981. The net cost
to the City for the period beginning December
18, 1981, to the period ending June 30, 1983,
is estimated to be $240,000. Further, the on-
going cost per year will be approximately
$156,000.
In conclusion, this Committee does not consider
it necessary to propose any reduction in the
level of service for the fiscal year 1982-83.
In the event the City were to lose the addi-
tional $425,000 in subventions, the shortfall
could be made up with the $562,000 balance of
the fiscal relief to be received from PERS
($802,000 less $240,000).
Due to our concern with the potential of further
reductions of subventions in 1983-84 and sub-
sequent fiscal years, we will continue to
monitor and study the matter and as more
information is available will keep the'Council
informed.
Councilman Means asked if the $802,000 was something
that should not go into the General Fund, but go to the employees.
City Manager Kelmar stated through the years the Public
Employees Retirement System has based their employer's contribution
on actuarial assumptions. Through the years any additional revenues
P.E.R.S. has was built up in a reserve and it grew to approxi-
mately $900,000,000. When Governor Brown was trying to balance
the State budget he determined the State had a vested interest in
this money and as a result they were not going to make contributions
for a period of months. The Legislature, etc., became concerned
with the magnitude of this reserve and passed legislation in
connection with last year's budget, which required redistribution
of the surplus. They granted retirees an increase and, for a change,
Bakersfield, California, February 2, 1983 - Page 7
refunded it to the employers. In prior years they penalized the
employer and not the employees. Any adjustments that were made in
contributions were made to the employers and not the employees.
Councilman Means stated his concern is the City has a
fiscal problem on a short term that might be solved by certain
funds coming in, but what will happen next year and thereafter.
He does not agree that the $802,000 is going to be given to the
City.
City Manager Kelmar stated the City will not get this
money, it will be a credit against the City's monthly contribution
over the remaining six months of this fiscal year.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 4-83 regarding Budget, was accepted.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 5-83 regarding Bakersfield
Beautification Committee Requests, as follows:
The Bakersfield Beautification Committee re-
quested the City Council consider the adoption
of:
1. City Flag
2. City Colors
3. City Flower
4. City Bird
The matter was referred to the Budget Review
and Finance Committee for study and recommendation.
This Committee has met with members of City
staff and members of the Beautification Com-
mittee. Our discussions included such concerns
as the City Flower and City Bird should be
indigenous to the area, the importance of
"simplicity" in the flag design, related costs
of having a City Flag, and the colors recommended
as City Colors.
As was noted in our meetings, the Beautification
Committee recommended that the official City
Colors be blue and gold, the of£icial City
Flower be the Bakersfield Camelia, and the
official City Bird be the Western Robin. We
directed correspondence to the California
Native Plant Society and the Kern Audubon
Society apprising them of the recommendations.
The Kern Audubon Society responded positively
approving the choice o£ the Western Robin.
266
Bakersfield, California, February 2, 1983 - Page 8
Therefore, this Committee recommends the City
Council set a public hearing for March 9, 1983,
so as to allow the Beautification Committee to
make a formal presentation to the City Council
and the general public.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 5-83 regarding Bakersfield Beauti-
fication Committee Requests, was accepted; and March 9, 1983, was
the date set for a public hearing to allow the Beautification
Committee to make a formal presentation to the Council and public.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 6-83 regarding Community
Development Rehabilitation Loan Agreements, as follows:
The Rehabilitation Loan Program operates under
an agreement with Security Pacific National
Bank with Block Grant Funds used to subsidize
the interest rate down to 4%. This Operating
Agreement has come up for renewal.
Staff contacted other banks to compare services.
It was determined that the interest subsidy
method provided the best opportunity to pro-
vide low interest loans for rehabilitation of
substandard owner-occupied housing units. The
other banks offered a Compensating Balance
Program which requires a greater percentage of
grant funds to achieve a 4% loan rate.
The Department of Housing and Urban Develop-
ment recently began a Rental Rehab Demonstration
Program in which we are participants. The
intent of the program is to provide below
market financing for rental units that would
be affordable to low and moderate income
families. The desired financing is a 50/50
participation between Block Grant Funds and
conventional financing.
Bank of America has offered a proposal whereby
50% of the loan amount deposited in a Compen-
sating Balance Account would generate a 9.75%
loan rate to the borrower. This application
of a Compensating Balance Program would create
a Revolving Loan Fund. With this fund we
would be able to assist in the rehabilitation
of substandard rental units while recapturing
the Block Grant Funds for future use. The
below market rate of 9.79% to investor-owners
of properties in our target areas is an
acceptable rate for promoting rental rehabili-
tation.
Therefore, this Committee recommends:
Bakersfield, Cali£ornia, February 2, 1983 - Page 9
2fl7
1. That the Mayor be authorized to execute
agreements between Bank of America for the
Rental Rehabilitation Demonstration Program
and with Security Pacific for the 4% Loan
Program.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 6-83 regarding Community Development
Rehabilitation Loan Agreements, was accepted; and agreements with
Bank of America for the Rental Rehabilitation Demonstration Program
and Security Pacific for the 4% Loan Program, were approved and the
Mayor was authorized to execute same.
Upon a motion by Councilman Strong, Annual Report for
1982 submitted by the Civil Service Boards for Fire, Police and
Miscellaneous Departments, was received and ordered placed on file.
City Attorney Oberholzer reported, over a year ago a
State agency identified a potential gas problem at the landfill
site on property owned by the City and operated by the County. It
was felt it was the County's responsibility to do something about
the existing hazard, however, in the City's attempt to help, the
County met with them to come up with a plan. During those meetings
it was discovered that if the City was willing to allow a conversion
system on the property to extract the methane gas the County could
probably have a monitoring system on that land, without cost to them,
and still run the land£ill. In December, 1982, after meetings with
the County, City and proposed bidders, the City awarded the contract
to Cambrian with the condition that the Mayor be authorized to
execute the agreement after the County agreed to it. After that
time a letter was received from the County Public Works Director ill
which he requested that the County be reimbursed for cost of the
operation of the landfill, estimated to be in excess of $2,000,000:.
and the County participate in the royalties from the methane gas
recovery system to the extent of 50%. The Board of Supervisors
referred this matter to the County Counsel's Office for negotiations
with the City Attorney's Office and some very cordial negotiations
Bakersfield, California, February 2, 1983 - Page l0
were held, which resulted with some recommendations that they feel
are very good. One was a 55-45 split of all royalties on the City's
and County's land (55% for the City and 45% for the County). The
County would take royalties off the City's land and when they move
the landfill to their land they would take royalties for their
land. The 55-45% split was based on the volume of garbage on each
piece of property owned by the City and County. The County
property is smaller. The second proposal was that each entity
would generate their own conversion system and take their own gas,
however, there would be a dual conversion system to be located on
the City's property. The County would be allowed to use the City's
conversion system, thereby, allowing the County to get increased
royalties off their property, since they will not have the same
starting time as the City. The County would immediately have an
opportunity to get 1/6 of a royalty, which means a 20-30% greater
return on the methane gas off their property. In exchange for
that the City Attorney's Office asked that ~he City and its
contractor be allowed free dumping on the County land. Due to the
urgency of this matter the Board of Supervisors was not able to
accept any of these proposals at this time, so they instructed
their staff to allow the City to proceed and recover the gas on
their property and not enter into the agreement with Cambrian and
the City. The alternative they have requested, is that, the County
institute some kind of agreement, whereby, the City would be allowed
to go on their land for the purpose of capturing the gas and in-
stalling the monitoring system. The County has decided they will
move off the City land in September o£ this year. In addition, they
have asked the County Council's Office to continue negotiations with
the City. The possibility for negotiation exists with respect to
the joint use of a conversion system which will be beneficial to
both the County and City from a monetary standpoint.
The appropriate action tonight would be for the Council
to authorize the Mayor to execute an agreement between Cambrina
Bakersfield, California, February 2, 1983 - Page 11
2f;'9
Energy Systems and the City of Bakersfield, under the same terms
and conditions as was related to the Council in December, 1982,
excluding the County of Kern. The City Attorney's Office will
try to work out an agreement with the County for the City and the
contractor to get onto the land in order to put in the monitoring
system, alleviate the hazard and proceed with the gas conversion
program. This is expected to be done soon. The Cambrian people
will be here tomorrow and the agreement should be rewritten and
ready for signature by early next week.
Upon a motion by Councilman Rockoff, Agreement between
Cambrian Energy Systems and the City of Bakersfield under the same
terms and conditions as the agreement approved in December, 1982,
excluding the County of Kern, was approved and the Mayor was
authorized to execute same.
Upon a motion by Councilman Barton, Mrs. Maxine Simpson,
1801 Pine Street, was reappointed to the Citizens Auditorium-
Recreation Committee, term expiring January 3, 1990.
CONSENT CALENDAR
The following items were listed on the Consent Calendar
(a) Allowance of Claims Nos. 4240 to 4421,
inclusive, in the amount of $545,746.47.
(b) Claim for Damages from Lottie Renty, 32
South Owens Street, Bakersfield. (Refer
to City Attorney)
(c) Claim for Damages from Mickey Garone,
915 - 17th Street, Bakersfield. (Refer
to City Attorney)
(d) Claim £or Damages from Norma Carolyn Pear
1441 Drake Drive, #4, Davis, California.
(Refer to City Attorney)
(e) Claim for Damages from Teri Marie Toth/
Stewart Title Company, 4800 Stockdale
Highway, Suite 100, Bakersfield. (Refer
to City Attorney)
(f) Claim for Damages from June Marian Benson
610 Charlana Drive, Bakersfield. (Refer
to City Attorney)
(g) Claim for Damages from Virginia W. De Cew,
1712 Duke Drive, Bakersfield. (Refer to
City Attorney)
27O
Bakersfield, California, February 2, 1983 - Page 12
(h)
(i)
(J)
(k)
(i)
(m)
(n)
(o)
(p)
Claim for Damages from Karen Lynnette
Kendrick, 217 South Kincaid Street,
Bakersfield. (Refer to City Attorney)
Claim for Damages from Jerry Limas, 322½
Lincoln Street, Bakersfield. (Refer to
City Attorney)
Claim for Damages from Paul D. Ybanez,
2809 Cornell Street, Bakersfield. (Refer
to City Attorney)
Street Right-of-Way Deed from Barratt
Northern California, Inc., for public
streets as required by the Planning
Commission for Tract No. 4242 Unit 2,
located one quarter mile east of South
"H" Street on north side of Fairview
Avenue.
Map of Tract No. 4242 Unit 3 and Improve-
ment Agreement with Barratt Northern
California, Inc., for construction of
improvements therein, located one quarter
mile east of South "H" Street between
Pacheco Road and Fairview Avenue.
Improvement Agreement for Parcel Map No.
6810 with D. J. Scatena for construction
of improvements therein, located west of
Gage Street between East Truxtun Avenue
and East 18th Street.
Notice of Completion and Acceptance of
Work for Wheelchair Ramps in the Down-
town Area, Contract No. 82-138 with
Asphalt Paving Company. The contractor
was 57 days over contract completion date
and staff recommends liquidated damages
be assessed in accordance with Section
6(e) of the specifications. The damages
are computed to be $11,400 (57 days @
$200.00 per day). Also, $217.21 is to
be deducted from the contract for repairs
by the General Services Division ($117.21),
and Streets Division ($100.00).
Application for Encroachment Permit from
John Sabovich, 3509 Union Avenue, Bakers-
field, for construction of a proposed
office building at 2100 Height Street,
the corner of which will encroach approxi-
mately 5 feet beyond the southern property
line.
Request from Planz Village Development
Company for an extension of time to com-
plete improvements in Parcel Map No. 6354,
Contract No. 82-8, located at southeast
corner of ~tine Road and Planz Road. The
Public Works Department recommends a six
month extension from January 20, 1983, to
July 20, 1983.
Bakersfield, California, February 2, 1983 - Page 13
27 l
(q)
Supplemental Agreement to Master Agree-
ment for Federal Aid Program No. 06-5109
covering F.A.U. Project M-F 293(1) on
"H" Street, from Brundage Lane to Cali-
fornia Avenue, and from Truxtun Avenue
to 24th Street. The estimated Federal
share of the costs is $244,864 and the
City's share is $39,136.
(r)
Agreement for Assignment of Crops between
Anderson, Clayton & Co., and Gary Garone
and Garone Farm and Cattle Company
authorizing Gary Garone and Garone Farm
and Cattle Company (Wastewater Treatment
Plant No. 2 Farm Lessee), to assign the
crops at the sewer farm to lessee's
lender for the 1983 growing season.
(s)
Resolution of Intention No. 970 of the
Council of the City of Bakersfield,
declaring its intention to order the
vacation of a portion of 14th Street
lying between Eye Street and Chester
Avenue in the City of Bakersfield. This
Resolution of Intention sets March 9,
1983, for hearing on the matter before
the Council.
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(q), (r) and (s) of the Consent Calendar, were adopted by the
following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Ratty, bid of MUSCO Sport
Lighting, in the amount of $20,822, for lighting layout and
equipment for Softball Diamonds at Patriots Park, was accepted.
Upon a motion by Councilman Ratty, low bid of Webb
Electrical Construction, in the amount of $98,067, for traffic
signal systems and modifications on "F" Street, was accepted, all
other bids rejected and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Payne, low bid of Three-Way
Chevrolet, in the amount of $330,728.18, for four-door Police
Special Sedans, was accepted and all other bids rejected.
Bakersfield, California, February 2, 1983 - Page
Upon a motion by Councilman Payne, low bid of Rescue
Safety Products, in the amount of $6,650.95, for rescue tool for
the Fire Department, was accepted and the other bid rejected.
DEFERRED BUSINESS
Councilman Barton stated due to a real or imaginary
conflict of interest he would not participate in the following
matter.
Adoption of Amended Ordinance No. 2805
New Series of the Council of the City of
Bakersfield amending Sections 8.44.030,
8.44.040 and 8.44.050 of the Bakers-
field Municipal Code relating to Fire-
works.
Councilman Strong stated due to a real or imaginary
conflict of interest he would not participate in this matter.
Upon a motion by Councilman Rockoff, Ordinance No. 2805
New Series of the Council of the City of Bakersfield amending
Sections 8.44.030, 8.44.040 and 8.44.050 of the Bakersfield Muni-
cipal Code relative to Fireworks, was adopted, with the amendment
that businesses be allowed to begin selling Fireworks at 8:00 A.M.
on the first day rather than 12 Noon, by the following roll call
vote:
Ayes
Councilmen Payne, Ratty, Rockoff, Christensen,
Means
Noes None
Absent: None
Abstaining: Councilmen Strong, Barton
Adoption of Ordinance No. 2806 New
Series of the Council of the City of
Bakersfield amending Title Seventeen
of the Bakersfield Municipal Code by
amending Sections 17.64.030 A.2. and
17.64.070 D.2. relative to Modifi-
cations.
Upon a motion by Councilman Christensen, Ordinance No.
2806 New Series of the Council of the City of Bakersfield amending
Title Seventeen of the Bakersfield Municipal Code by amending
Sections 17.64.030 A.2. and 17.64.070 D.2. relative to Modifications,
Bakersfield, California, February 2, 1983 - Page 15
273
was adopted by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
Adoption of Ordinance No. 2807 New
Series of the Council of the City of
Bakersfield amending Section 17.06.020
of Chapter 17.06 (Zoning Map) of the
Municipal Code of the City of Bakers-
field, regarding Prezoning of property
known as Kern City No. 2 Annexation.
This ordinance implements the recommendation of the
Planning Commission and decision of the City Council on the appeal
therefrom, concerning Zoning Upon Annexation of Kern City No. 2
Annexation.
Upon a motion by Councilman Means, Negative Declaration
and Ordinance No. 2807 New Series of the Council of the City of
Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning
Map) of the Municipal Code of the City of Bakersfield, regarding
Prezoning of property known as Kern City No. 2 Annexation, finding
said zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
Adoption of Ordinance No. 2808 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of certain property in the
City of Bakersfield commonly known
as the Kern City Golf Course.
This ordinance implements the recommendation of the
Planning Commission and decision of the City Council on appeal
therefrom, concerning a change of zoning for portions of the Kern
City Golf Course presently within the City.
Upon a motion by Councilman Means, Negative Declaration
and Ordinance No. 2808 New Series amending Title Seventeen of the
274
Bakersfield, California, February 2, 1983 - Page 16
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of certain property in the City of Bakersfield commonly
known as the Kern City Golf Course, finding said zoning consistent
were adopted by the following roll call
with the General Plan,
vote:
Ayes:
Councilmen Payne, Ratty, Rockoff,
Christensen, Means
Noes: None
Absent: None
Strong, Barton,
Adoption of Ordinance No. 2809 New
Series of the Council of the City of
Bakersfield amending Section 17.06.020
of Chapter 17.06 ( Zoning Map) of the
~unicipal Code of the City of Bakers-
field, regarding Prezoning of property
known as Rio Bravo No. 2 Annexation.
This amendment was initiated by the Planning Commission
and would prezone those certain properties for annexation to an
R-1 (One Family Dwelling) and R-2
Zones.
The Planning Commission
(Limited Multiple Family Dwelling
found the proposed zoning
consistent with the overall Rio Bravo Golf Course Development Plan
and Land Use Element of the General Plan and recommended approval.
Upon a motion by Councilman Rockoff, Negative Declaration
and Ordinance No. 2809 New Series of the Council of the City of
Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning
Map) of the Municipal Code of the City of Bakersfield, regarding
Prezoning of property known as Rio Bravo No. 2 Annexation, finding
said zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
Bakersfield, California, February 2, 1983 - Page
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Title
17 of the Municipal Code changing the
Land Use Zoning of that certain
property in the City of Bakersfield,
commonly known as 222 - 34th Street,
approving the Preliminary Development
Plan and making findings in connection
with P.C.D. Zone.
The application for this amendment was made by San Dimas
Properties and would change subject property from a P.C.D. (Planned
Commercial Development) Zone to a Revised P.C.D. (Planned Commercial
Development) Zone, consisting of a one-story 10,823 square-foot
medical office structure.
The Planning Commission recommended approval of this
zone change request, subject to 9 additions to the plan, and make
the findings delineated in Section 17.52.070 of Chapter 17.52 of
the Municipal Code.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.06.020 of
Title 17 of the Municipal Code changing the Land Use Zoning of
that certain property in the City of Bakersfield, commonly known
as 222 - 34th Street, approving the Preliminary Development Plan
and making findings in connection with P.C.D. Zone.
Adoption of Resolution No. 18-83 of
the Council of the City of Bakers-
field amending Resolution No. 133-82
to clarify and define terms used
therein.
This resolution amends Resolution No. 133-82, which
established fees for residential development in the Panama Union
School District, by eliminating the classification of "condominium"
and establishing classifications based upon "attached" and "detached"
single-family dwellings.
Upon a motion by Councilman Ratty, Resolution No. 18-83
of the Council of the City of Bakersfield amending Resolution No.
133-82 to clarify and define terms used therein, was adopted by
278
Bakersfield, California, February 2, 1983 - Page 18
the following roll call vote:
Ayes:
Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
Adoption of Resolution No. 19-83 of
the Council of the City of Bakers-
field initiating proceedings for the
annexation of territory to the City
of Bakersfield identified as Pro-
ceeding No. 795, Annexation No. 284,
in accordance with LAFCO Resolution
making determination (Kern City No.
2).
This resolution initiates the proceedings for the annexa-
tion of Kern City No. 2 and sets the date of the protest hearing
for March 9, 1983.
Upon a motion by Councilman Christensen, Resolution No.
19-83 of the Council of the City of Bakersfield initiating pro-
ceedings for the annexation of territory to the City of Bakersfield
identified as Proceeding No. 795, Annexation No. 284, in accordance
with LAFCO Resolution making determination (Kern City No. 2), was
adopted by the following roll call vote:
Ayes:
Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
Adoption of Resolution No. 20-83 of
the Council of the City of Bakers-
field authorizing the Director of
Public Works to sign an Application
by the City of Bakersfield for an
order authorizing construction of
the separation structure over the
main line tracks of the Southern
Pacific Transportation Company on
Union Avenue.
This application is necessary for determining whether
this project is fundable by the Public Utility Commission in Fiscal
Year 1982-83. Processing this application is not a commitment by
the City to construct the project. It will be a determination as
to whether the project has a high enough priority to be fundable
and receive an order authorizing construction from the P.U.C. in
this Fiscal Year.
Bakersfield, Cali£ornia, February 2, 1983 - Page 19
277
Ayes:
Noes:
Upon a motion by Councilman Christensen, Resolution No.
20-83 of the Council of the City of Bakers£ield authorizing the
Director of Public Works to sign an Application by the City of
Bakersfield for an order authorizing construction of the separatic. n
structure over the main line tracks of the Southern Pacific
Transportation Company on Union Avenue, was adopted by the following
roll call vote:
Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
None
Absent: None
Approval of Agreement between John
Carollo Engineers and the City of
Bakersfield defining terms and con-
ditions for providing a preliminary
design and financial plan for ex-
pansion of Wastewater Treatment Plant
No. 3.
This agreement provides the initial step in the plan for
expanding Plant No. 3 to serve the growing southwest area of Bakers-
field. Compensation for this work will be on an hourly basis with
the maximum cost not to exceed $40,000. Funds for this work are
budgeted in the current Fiscal Year. The Council's Water and City
Growth Committee reviewed the draft agreement and recommended
approval.
Upon a motion by Councilman Ratty, Agreement between
John Carollo Engineers and the City of Bakersfield defining terms
and conditions for providing a preliminary design and financial
3, was approw~d
plan for expansion of Wastewater Treatment Plant No.
and the Mayor was authorized to execute same.
Approval of Amendment to Lease Agree-
ment No. 77-188 with Griff's Auto
Polish for lease of City property at
1510 "H" Street.
Under the terms of the current Lease Agreement Jim
Griffith,
lease on the property for two
extends the term of the lease
dba Griff's Auto Polish, has an option to extend the
years. This new Lease Agreement
for two years at an increased rent
Bakersfield, California, February 2, 1983 - Page 20
and also gives the lessee the option to extend for another two
years, with rent subject to renegotiation at that time.
Upon a motion by Councilman Rockoff, Amendment to Lease
Agreement No. 77-188 with Griff's Auto Polish for lease of City
property at 1510 "H" Street, was approved and the Mayor was
authorized to execute same.
Approval of Amendment to Agreement No.
24-65 between Bakersfield Community
House and City of Bakersfield
authorizing an addition containing
approximately 1,500 square feet to
the existing building located in
Central Park.
All improvements will be located within the boundaries of
the real property leased to the Community House and will be con-
structed at their expense.
Upon a motion by Councilman Rockoff, Amendment to Agree-
ment No. 24-65 between Bakersfield Community House and City of
Bakersfield authorizing an addition containing approximately 1,500
square feet to the existing building located in Central Park, was
approved and the Mayor was authorized to execute same.
Property located at the Senior Center
declared surplus and authorization
granted to Purchasing Officer to
dispose of said surplus property.
Rehabilitation work for the Senior Center is currently
underway. A Single family residence is located on the property
that must be removed so the rehabilitation work can proceed. The
Community Development Department recommends the building be de-
clared surplus and authorization given to the Purchasing Officer
to dispose by sale.
Upon a motion by Councilman Strong, building located on
Senior Center property was declared surplus and the Purchasing
Officer was granted authorization to dispose of said building.
Adoption of Inducement Resolution No.
21-83 of the Council of the City of
Bakersfield indicating its intent to
provide for the issuance of obligations
to provide financing in connection
with the improvement of the 17th and
K Streets Parking Garage proposed by
Milton Younger and Curtis Darling.
Bakersfield, California, February 2, 1983 - Page 21
279
This resolution indicates its intent to provide for the
issuance of obligations to provide financing in connection with
the improvement of the 17th and "K" Streets Parking Garage proposed
by Mr. Curtis Darling and Mr. Milton Younger.
Councilman Ratty stated due to a real or imaginary
conflict of interest he would not participate in this matter or
the following item.
Upon a motion by Councilman Christensen, Inducement
Resolution No. 21-83 of the Council of the City of Bakersfield
indicating its intent to provide for the issuance of obligations
to provide financing in connection with the 17th and K Streets
Parking Garage proposed by Milton Younger and Curtis Darling, was
adopted by the following roll call vote:
Rockoff, Strong, Barton, Christensen,
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Payne,
Means
None
None
Councilman Ratty
Approval of Letter of Employment with
Stradling, Yocca, Carlson & Rauth for
Bond Counsel Services regarding the
17th and "K" Streets Parking Garage
Industrial Revenue Bonds.
The proposed Letter of Employment constitutes the proposal
of Stradling, Yocca, Carlson & Rauth to serve as Bond Counsel to the
City with respect to the issuance of Industrial Revenue Bonds pur-
suant to the City Charter for the construction of an addition to
the 17th and "K" Streets Parking Garage Structure. Applicants
will bear the full cost of Bond Counsel services to the City.
Upon a motion by Councilman Christensen, Letter of
Employment with Stradling, Yocca, Carlson & Rauth for Bond Counsel
Services regarding the 17th and "K" Streets Parking Garage Industrial
Revenue Bonds, was approved. Councilman Ratty abstained from
voting on this matter.
Bakersfield, California, February 2, 1983 - Page 22
Adoption of Resolution No. 22-83 of
the Council of the City of Bakers-
field initiating proceedings for the
annexation of territory to the City
of Bakersfield identified as Pro-
ceeding No. 792, Annexation No. 285,
in accordance with LAFCO Resolution
making determination (Rio Bravo No.
2).
This resolution initiates the proceedings for the annexa-
tion of Rio Bravo No. 2 and se~s the protest hearing for March 9,
1983.
Upon a motion by Councilman Rockoff, Resolution No. 22-83
of the Council of the City of Bakersfield initiating proceedings
for the annexation of territory to the City of Bakersfield identified
as Proceeding No. 792, Annexation No. 285, in accordance with LAFCO
Resolution making determination (Rio Bravo No. 2), was adopted by
the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 8:10 P.M.
ATTEST:
MAYOR o~ City ' , · .
of the City of Bakersfield, California
ma
Bakersfield, California, February 9, 1983
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., February 9, 1983.
The meeting was called'to order by Mayor Shell,
by the Pledge of Allegiance and Invocation by Mayor Shell.
The City Clerk called the roll as follows:
Present: Mayor Shell.
Absent: None
Jessie I.
senting homeowners,
Bakersfield and on
their appreciation
Councilmen Ratty, Rockoff, Strong,
Christensen, Means, Payne
SCHEDULED PUBLIC STATEI~ENTS
followed
Barton,
Lanning, 1413 Flower Street, Apt. 1, repre-
apartment and business properties in East
Ming Road, read a prepared statement expressing
for the Council's stand against the Kern County
Water Agency's unfair tax on property owners in Zone of Benefit
No. 1, which is used for subsidizing irrigation water for giant
corporate farming operations. They commended City Manager Kelmar
and City Attorney Oberholzer for carrying out the Council's wishes
in this matter by testifying before the Kern County Water Agency
and Board of Supervisors. They suggested that the Council authorize
the City Manager and City Attorney to carry on the fight against
Zone of Benefit No. 1.
Councilman Means requested a report next week from the
City Attorney regarding the process that has been taken so far in
the fight against the Zone of Benefit No. 1 Tax and what other
steps can be taken to do something legally about it.
Councilman Ratty stated, once again, a problem is being
brought before the Council that they have no control over. The
Council does not govern what happens in this matter. The Board of
Supervisors govern the Zone of Benefit No. 1 Tax and that is who
should hear the dialogue. The Council exceeded to their wishes
and placed the matter on the ballot and did everything that could
be done. That was suppose to be the end of it, as far as he under--
stood it. Councilman Ratty stated he did not feel the Council shollld
Bakersfield, California, February 9, 1983 - Page 2
become involved in it again. The citizens of this community should
take the matter before the Board of Supervisors.
CORRESPONDENCE
Upon a motion by Councilman Means, communication from
William Tuculet and Partners, Architects, 1706 Chester Avenue,
Suite 602, dated February 2, 1983, requesting a General Plan
Amendment from Low Density Residential to Medium Residential with
a ttigh Density Residential core for 6.66 acre parcel located on
the east side of Stine Road, approximately 150 feet north of Pine
Castle Avenue, was received and referred to the Planning Commission
£or study and recommendation.
Upon a motion by Councilman Rocko£f, communication from
Huffman & Philbin, Certified Public Accountants, 1700 Hamner Avenue,
#202, Norco, California, dated January 25, 1983, requesting that
their firm be considered for the annual audit of the City of
Bakersfield for Fiscal Year ending June 30, 1983, was received and
referred to the Budget Review and Finance Committee for study and
recommendation.
COUNCIL STATEMENTS
Upon a motion by Councilman Rockoff, Mr. Michael Serban,
4113 Garnsey Lane, was appointed to the Citizens Auditorium-
Recreation Committee, term expiring January 3, 1989.
Councilman Rockoff read the following letter from the
California Society of ~unicipal Finance Officers into the record:
January 19, 1983
Mr. W. D. Higginbotham, Jr.
Assistant City Manager-Finance
City of Bakersfield
1501Truxtun Avenue
Bakersfield, California 93301
Dear ;4r. Higginbotham:
The Professional and Technical Standards Com-
mittee of the CSMFO has completed its review
of your Comprehensive Annual Financial Report
submitted for the California Award Program.
Bakersfield, California, February 9, 1983 - Page 3
It is my pleasure to inform you that your City
has earned the Outstanding Award for your 1982
statements. Congratulations on this fine
achievement.
Since there were a record fifty-two submissions
for the Award this year, I will be forwarding
the reviewers' comments on your report to you
at a later date.
The Award is scheduled to be presented to a
representative from your City at the Awards
Banquet/Dinner Dance to be held at 7:30 P.M.
on Friday, February 4th, in Sacramento at the
Annual Seminar.
Please contact me at (619) 323-8229 as soon as
possible to inform me who the Award should be
presented to at the banquet or that a repre-
sentative from your City will not be in attendance.
Again, congratulations on this outstanding
achievement!
Very truly yours,
PAUL R. HOWARD
Chairman, Professional and
Technical Standards Committee
Councilman Rockoff, on behalf of the Council, commended
the City's finance and accounting staff, specifically Greg Klimko
and Gil Rojas, for doing an outstanding job.
Councilman Strong announced that he appointed Stephanie
Campbell, 1408 Virginia Avenue, to the California Avenue Park
Neighborhood Facility Citizens Advisory Committee.
Upon a motion by Councilman Means, Mr. Richard Monje,
2481 Spruce Street, was approved as his appointment to the Historic
Preservation Commission.
Upon a motion by Councilman Strong, Ms. Lynn Noel, 4201
California Avenue, Apt. 13, was approved as his appointment to the
Historic Preservation Commission.
Upon a motion by Councilman Barton, the Mayor was
requested to send letters and Certificates of Appreciation, on
behalf of the Council, to the former members of the Redevelopment
Agency for their many years of service to the City of Bakersfield.
Mayor Shell commended the Fire Department Reserves for
the many hours they donate to the City of Bakersfield.
Bakersfield, California, February 9, 1983 - Page 4
REPORTS
City Manager Kelmar reported that the League of Cali-
fornia Cities is sponsoring a bill through Senator Campbell (AB-14),
which is very similar to the Island Annexation Law that was in
existence a few years ago. In essence this bill would allow
Cities to initiate annexations in areas containing less than 100
acres. A few years ago the City attempted to do that in a couple
of areas and it was not successful. However, the bill is in the
process again and the League is requesting support. In the City
of Bakersfield's situation it could be very significant with the
number of small islands surrounded by the incorporated area. City
Manager Kelmar requested that AB-14 be either referred to the
Legislative Committee for study and recommendation or authorization
given to the ~ayor to send letters to the City's Legislators and
members of the Committee on Local Government, expressing support
of AB-14.
Upon a motion by Councilman Ratty, the Mayor was
requested to send the necessary communications to the City of
Bakersfield's Legislators and members of the Committee on Local
Government, expressing the Council's support of AB-14.
NEW BUSINESS
Approval of Agreement between the
City of Bakersfield, Redevelopment
Agency and Kress Building Associates
to Lease 50 parking spaces in Pro-
posed Parking Structure at "K" and
18th Streets.
As a condition of the proposed sale of Tax Exempt Bonds
for the purpose of rehabilitating the Kress Building, the owners
of that structure have agreed to enter into an agreement to lease
parking from the proposed parking structure planned for 18th and
"K" Streets.
Councilman Ratty stated due to a real or imaginary
conflict of interest he would not participate in this matter.
Bakersfield, California, February 9, 1983 - Page 5
Upon a motion by Councilman Barton, Agreement between
the City of Bakersfield, Redevelopment Agency and Kress Building
Associates to lease 50 parking spaces in Proposed Parking Structure
at "K" and 18th Streets, was approved and the Mayor was authorized
to execute same. Councilman Ratty abstained from voting on this
matter.
Adoption of Resolution No. 23-83 of
the Council of the City of Bakers-
field setting forth opinion and
determination of Council Re failure
of Asphalt Paving Company to prosecute
with due diligence work under Contract
No. 82-197 (Box Culvert at Stine Road
and Farmers Canal).
The original contract completion date for this work was
January 7, 1983. Additional days have been allowed for various
reasons for an adjusted completion date of January 19, 1983.
At this time, minimal effort is being made by the con-
tractor to complete this work in a timely manner. It is the
opinion of the City Engineer that the contractor has not supplied
an adequate work force in order to prosecute the work with the
diligence and force necessary and intended by the terms of the
contract and recommends that the Council, through the City Engineer,
notify the contractor of its opinion that they have failed to pro-
ceed with due diligence and direct them to provide the means for
satisfactory compliance with the contract.
This is the first procedural step towards possible
suspension of the contract.
Upon a motion by Councilman Payne, Resolution No. 23-83
of the Council of the City of Bakersfield setting forth opinion
and determination of the Council Re failure of Asphalt Paving
Company to prosecute with due diligence work under Contract No.
82-197 (Box Culvert at Stine Road and Farmers Canal), was adopted
by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes: None
Absent: None
Bakersfield, California, February 9, 1983 - Page 6
ACTION ON BIDS
Approval of purchase of one Police
Vehicle.
On February 2, 1983, the City Council approved the
purchase of 32 police sedans from Three-Way Chevrolet. Since that
time the Public Works Department has received word that Police
Vehicle No. 5159 must be replaced as this car was involved in an
accident and cannot be repaired. Three-Way Chevrolet will extend
the bid price of $10,234.79, through February 10th for an additional
vehicle. The amount needed will
No. 85-75800-552, Self Insurance
responsible party.
be initially taken from Account
Fund, and reimbursed by the
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 purchase of one additional Police
Vehicle from Three-Way Chevrolet, in the amount of $10,234.79, was
approved.
HEARINGS
Mayor Shell stated, because people might be waiting in
the audience to speak on Segment II of the hearing on amendments
to the Land Use Element of the General Plan, that a letter has
been received from Martin-Mcintosh requesting, on behalf of their
client Frank Maitia, Jr., that this Segment be withdrawn and action
will be taken during that hearing.
This is the time set for public hearing regarding the
Amendment to the Circulation Element of the Bakersfield Metropolitan
Area General Plan concerning the following area:
GRACE POTTER has requested that the
Palm Street Extension, described as
a major collector street connection
between Real Road on the east and
Stockdale Highway on the south and
consisting of approximately 0.72 mile
(or 3,800 feet), be deleted from the
Circulation Element.
This hearing has been duly advertised and the property
owners and interested parties notified as required by law.
Bakersfield, California, February 9, 1983 - Page 7
Letters
lation Element of
persons:
The Planning Commission recommended approval of the
proposed amendment to the Circulation Element of the General Plan
at its regular meeting held December 16, 1982.
in favor of the proposed amendment to the Circu-
the General Plan were received from the following
1. Robert E. McCarthy, 353 Garnsey Avenue.
2. Mrs. Don Houchin, 415 Garnsey Avenue.
3. Thomas G. Franconi, 347 Garnsey Avenue.
4. Carlson Development, Real Estate Developers,
3434 Truxtun Avenue, Suite 200.
A letter was received from the Kern County Board of
Supervisors recommending that a specific Circulation Analysis by
qualified Traffic Engineers be undertaken prior to action by the
City.
Mayor Shell declared the hearing open for public partici-
pation.
Mr. Gayle Carlson, representing Grace Potter,
and Charles Klassen were present to answer questions of
and requested that the amendment be approved.
stated he
the Council
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 Means, Resolution No. 24-83
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and approving proposed Amendment to the
Circulation Element of the Bakersfield Metropolitan Area General
Plan by the deletion of Palm Street Extension between Real Road and
Stockdale Highway, was adopted by the following roll call vote:
Ayes Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes None
Absent: None
Bakersfield, California, February 9, 1983 - Page 8
Upon a motion by Councilman Barton, communication from
Martin-Mcintosh, on behalf of their client Frank Maitia, Jr., dated
February 4, 1983, requesting that Segment II of the proposed amend-
ment to the Land Use Element of the General Plan be withdrawn, was
received and ordered placed on file.
Upon a motion by Councilman Barton,
proposed amendment to the Land Use Element of
was withdrawn.
Segment II of the
the General Plan,
This is the time set for public hearing regarding the
Amendment to the Land Use Element of the Bakersfield Metropolitan
Area General Plan and Proposed Environmental Documents concerning
the following general areas:
Segment I:
JOSEPH MOONEY (by Dean Gay) has
applied to change the land use
designation on 0.33 acre, located
on the northwest corner of 11th
and "K" Streets, from Low Density
Residential to Office.
Segment II:
FRANK MAITIA (by Martin-Mcintosh)
has applied to change the land use
designation on 2.2 acres, located
at the western terminus of West
Jeffrey Street adjacent to the
East Side Canal and west of North
Union Avenue, from Medium Density
Residential to Commercial.
(WITHDRAWN)
Segment III:
Segment IV:
GAYLE CARLSON (by Chris Addington)
has applied to change the land use
designation on 1.95 acres, located
on the west side of Real Road at
the western terminus of Palm Street,
from Low Density Residential (2 to
5 dwelling units per gross acre),
to High Density Residential (16 to
45 dwelling units per gross acre).
KERN COUNTY PROPERTY MANAGEMENT
DEPARTMENT has applied to change
the land use designation on 3.87
acres, located at the northwest
corner of Wible Road and White
Lane, from Low Density Residential
to Commercial.
This hearing has been duly advertised and the property
owners notified as required by law.
Bakersfield, California, February 9, 1983 - Page 9
The
for Segment I,
III and IV.
Planning Commission approved Negative Declarations
III and IV, and recommended approval of Segments I,
The Planning Commission recommended denial of Segment II
and Negative Declaration for Segment II.
Letters in opposition to Segment II were received from
the following persons:
1. Jean Iriart, 3901 Union Avenue #14.
2. Spencer O'Malior, 3901 Union Avenue #4.
3. John R. Short, 3901 Union Avenue #6.
4. Dorothy Allen, 3901 Union Avenue #5.
5. Frances Knight, 3901 Union Avenue #34.
6. Sandra Parker, 3901 Union Avenue #27.
7. Ted Mull, 3901 Union Avenue #33.
8. Robert R. Hickox, 3901 Union Avenue #17.
A letter was received from Mr. & Mrs. Clyde J. O'Kane,
3901 Union Avenue #30, in favor of Segment II.
Mayor Shell declared the hearing open for public partici-
pation on Segment I.
Mr. Mark Gay, representing Dean Say, stated he was present
to answer questions of the Council and requested that Segment I be
approved.
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.
Mayor Shell declared the hearing open for public partici--
pation on Segment III.
Mr. Gayle Carlson stated he was present to answer questions
of the Council and requested that Segment III be approved.
No protests or objections being received, Mayor Shell
closed the public portion of the hearing for Council deliberation
and action.
290
Bakersfield, California, February 9, 1983 - Page l0
Mayor Shell declared the hearing open for public partici-
pation on Segment IV.
Mr. Bob Sayer, Kern County Property Management Depart-
ment, read a letter opposing the Planning Commission's recommendation
that a portion of Segment IV remain low density residential (land
fronting Adanac Court), and the balance be changed to commercial.
This does not properly resolve the goal of creating a buffer between
two uses, but forces them to be contiguous. The Planning Com-
mission's idea of finishing out Adanac Court subdivision leaves
the road yard only 130 feet of depth, which is not desirable for
any commercial development; and at the same time the width of the
plan is over 250 feet, or approximately 40% of the frontage on
White Lane, the prime access and exposure point of the property.
As responsible neighbors their goal is to work out an arrangement
that is beneficial to both parties. They believe mitigating measures
can be taken; such as, no access off Adanac Court, a decorative
block wall with extensive landscaping and a landscaped setback
compatible with the surrounding neighborhood and a design review
of the structure to be built on the property, which will create
harmony with the two uses. This alternative will maintain current
traffic flow on Adanac Court, substantial improvement to the
appearance of subject property and neighborhood and, in turn, im-
prove property values. It will also provide services and conven-
iences not now available in the neighborhood. It is recommended
that this matter be referred back to the Planning Commission for
further study.
In answer to a question by Councilman Rockoff, Bob Sayer
stated the Kern County Property Management Department requested
that the General Plan be amended to change the land use designation
on this property from Low Density Residential to Commercial, be-
cause they plan to sell the site. The Planning Commission recom-
mended that a portion remain Low Density Residential and the
balance Commercial. The Kern County Property Management Department
29l
Bakersfield, California, February 9, 1983 - Page ll
disagrees with the recommendation on the portion that is to remain
Low Density Residential.
Planning Director Sceales stated the portion the County
is opposed to fronts on a cul-de-sac street, which is developed
with single family homes. There are 3 or 4 lots off that street
that are recommended to remain to be developed with single family
homes to fill out the cul-de-sac and the rest of the property is
recommended for commercial development.
Councilman Payne stated he attended the Planning Com-
mission hearing on behalf of the people residing in that neighbor-
hood, which is the Ward he represents and his immediate neighbor-
hood and is also identical to the issue that prompted him to run
for this position. The people in that neighborhood are vehemently
opposed, including surrounding commercial property owners. This
is just an economic request on behalf of the County. It is
appreciated that they are trying to get a good dollar return for
the County taxpayers and trying to be good neighbors, however, if
the County benefits it is at the expense of the neighboring R-1
property owners. Councilman Payne stated he is vehemently opposed
to the proposal made by the County Property Management Department
tonight. It is not logical, feasible and responsible and he concurs
with the recommendations made by the Planning Commission and staff.
Mr. Jack Bailey, local realtor, stated he has been
interested in this property for 2 years, because he felt it would
make an excellent location for a commercial development. A
potential user indicated the R-1 lots would present a major problem
for building a store on White Lane. Mr. Bailey outlined some of
the things that could be done to mitigate the problems for residents
near this property and requested further consideration of Segment
IV, because the users who might want to buy the property will object
to the portion taken out of the northwest side for single family
dwellings.
Bakersfield, California, February 9, 1983 - Page 12
No further protests or objections being received and no
one wishing to speak in favor, Vice-Mayor Barton closed the public;
portion of the hearing for Council deliberation and action.
Upon a motion by Councilman Rockoff, Resolution No. 25-83
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and approving Segment I of proposed amendment
to the Land Use Element of the Bakersfield Metropolitan Area General
Plan (Land Use Amendment 3-82), was adopted by the following roll
call vote:
Ayes:
Noes:
Absent:
Councilmen Ratty,
Means,
Rockoff, Strong, Barton, Christensen,
Payne
roll call vote:
Ayes:
Noes:
Absent:
Councilmen Ratty, Rockoff,
Means, Payne
27-83 of
Strong, Barton, Christensen,
None
None
Upon a motion by Councilman Christensen, Resolution No.
the Council of the City of Bakersfield making findings,
adopting Negative Declaration and approving Segment IV of proposed
amendment to the Land Use Element of the Bakersfield Metropolitan
Area General Plan (Land Use Amendment 3-82), was adopted by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Ratty, Rockoff,
Means, Payne
None
None
Strong, Barton,
Christensen,
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and approving Segment III of proposed amend-
ment to the Land Use Element of the Bakersfield Metroplitan Area
General Plan (Land Use Amendment 3-82), was adopted by the following
Resolution No. 26-83
None
None
Upon a motion by Councilman Means,
Bakersfield, California, February 9, 1983 - Page 13
293
The public hearing set for considering the issuance by
the City of Bakersfield of Revenue Bonds in an amount not to exceed
$2,000,000, for the purpose of assisting the financing of the
acquisition and renovation of the Kress Department Store by Kress
Building Associates was deleted from the Agenda due to an improper
legal notice.
This is the time set for public hearing on Resolution of
intention No. 965 of the Council of the City of Bakersfield de- ·
claring its intention to establish Maintenance District No. 3
(Campus Park), located between Gosford Road and Old River Road,
south of White Lane.
This hearing has been duly advertised, posted and the
property owner notified as required by law.
The application for this Maintenance District was sub-
mitted by Tenneco Realty Development Corporation.
This Maintenance District would provide payment for costs
and expenses of maintaining park facilities and landscaping and
street landscaping in the Campus Park area. Since the improvements
will not be completed in the 1983-84 Fiscal Year, no charges will
be assessed during that period.
Vice-Mayor Barton declared the hearing open for public
participation. 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. 28-83
establishing Maintenance District No. 3 and confirming the assess-
ment (Resolution of Intention No. 965), was adopted by the following
roll call vote:
Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes: None
Absent: None
Bakersfield, California, February 9, 1983 - Page 14
This is the time set for public hearing on Resolution
of Intention No. 966 of the Council of the City of Bakersfield
declaring its intention to establish Maintenance District No. 4
(The Oaks), which is a portion of 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.
This hearing has been duly advertised, posted and the
property owners notified as required by law.
The application for this Maintenance District was sub-
mitted by Tenneco Realty Development Corporation.
This Maintenance District would provide payment for costs
and expenses of maintaining park facilities and landscaping and
street landscaping in The Oaks area. Since the improvements will
not be completed in the 1983-84 Fiscal Year, no charges will be
assessed during that period.
Vice-Mayor Barton declared the hearing open for public
participation. 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. 29-83
establishing Maintenance District No. 4 and confirming the assess-
ment (Resolution of Intention No. 966), was adopted by the following
roll call vote:
Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes: None
Absent: None
This is the time set for public hearing on Resolution
of Intention No. 967 of the Council of the City of Bakersfield
declaring its intention to establish Maintenance District No. 5
(Haggin Oaks), located southwesterly of the intersection of Ming
Avenue and the Arvin-Edison Canal.
Bakersfield, California, February 9, 1983 - Page 15
295
This hearing has been duly advertised, posted and the
property owner notified as required by law.
The application for this Maintenance District was sub-
mitted by Tenneco Realty Development Corporation.
This Maintenance District would provide payment for costs
and expenses of maintaining park facilities and landscaping and
street landscaping in the Haggin Oaks area. Since the improvements
will not be completed in the 1983-84 Fiscal Year, no charges will
be assessed during that period.
Vice-Mayor Barton declared the hearing open for public
participation. 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. 30-83
establishing Maintenance District No. 5 and confirming the assess-
ment (Resolution of Intention No. 967), was adopted by the following
roll call vote:
Ayes Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes None
Absent: None
This is the time set for public hearing on Resolution
of Intention No. 968 of the Council of the City of Bakersfield
declaring its intention to establish Maintenance District No. 6
(Parkside Village South), located southwesterly of the intersection
of Ming Avenue and Gosford Road.
This hearing has been duly advertised, posted and the
property owners notified as required by law.
The application for this Maintenance District was sub-
mitted by Tenneco Realty Development Corporation.
This Maintenance District would provide payment for costs
and expenses of maintaining park facilities and landscaping and
street landscaping in the Parkside Village South area. Since the
Bakersfield, California, February 9, 1983 - Page 16
improvements will not be completed in the 1983-84 Fiscal Year, no
charges will be assessed during that period.
Vice-Mayor Barton declared the hearing open for public
participation. 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. 31-83
establishing Maintenance District No. 6 and confirming the assess-
ment (Resolution of Intention No. 968), was adopted by the following
roll call vote:
Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes: None
Absent: None
This is the time set for public hearing on Resolution
of Intention No. 969 of the Council of the City of Bakersfield
declaring its intention to establish Maintenance District No. 7
(Stockdale Centre), located north of Ming Avenue, between Old
River Road and the Arvin-Edison Canal.
This hearing has been duly advertised, posted and the
property owner notified as required by law.
The application for this Maintenance District was sub-
mitted by Tenneco Realty Development Corporation.
This Maintenance District would provide payment for costs
and expenses of maintaining street landscaping in the Stockdale
Centre area. Since the improvements will not be completed in the
1983-84 Fiscal Year, no charges will be assessed during that perio,~.
Vice-Mayor Barton declared the hearing open for public
participation. 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.
establishing Maintenance District No. 7 and confirming the
32-83
assessment
Bakersfield, California, February 9, 1983 - Page 17
297
(Resolution of Intention No. 969), was adopted by the following
roll call vote:
Ayes: Councilmen Ratty,
Means,
Noes: None
Absent: None
Rockoff, Strong, Barton, Christensen,
Payne
CLOSED SESSION
Upon a motion by Councilman Rockoff, the Council recessed
to a Closed Session at 8:35 P.M. with Bill Avery to discuss labor
relations negotiations.
The regular meeting was reconvened at 9:50 P.M.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjoured at 9:50 P.M.
~%YOR of tyity of B~!{ersfield, Calif.
ATTEST:
CITY CLERK gnd Ex Officio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, February 16, 1983
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., February 16, 1983.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and a minute of silent prayer.
Present: Mayor Shell. Councilmen Rockoff, Strong, Barton,
Christensen, Means, Payne, Ratty
Absent: None
Minutes of the joint public hearing and regular meeting
of February 2, 1983, were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mrs. Maxine Moran, 1509 ~eredith Drive, stated she has
been harassed by her neighbor for years and as a result received
letters from the City Attorney and District Attorney's Offices
about getting rid of her dogs. Mrs. Moran stated her dogs are all
she has and requested that she be allowed to keep them.
Councilman Barton stated this is a neighborhood problem
that has been going on for a number of years and requested that
the City Attorney's Office prepare an indepth report for the
Council containing recommendations for a possible solution.
City Attorney Oberholzer stated a neighbor made a com-
plaint and requested enforcement of the Municipal Code. The
Municipal Code states more than three dogs are not allowed in a
home. If a home has more than three dogs it becomes a kennel,
which requires a special permit. A Kennel Permit cannot be issued
for that particular zone. The Council does not have the authority
to waive the Municipal Code requirements. The only thing the
Council can do is change the Municipal Code and make it uniform
for all City residents.
CORRESPONDENCE
Upon a motion by Councilman Barton, communication from
Southeast Enterprise Zone, P.O. Box 6284, Bakersfield, dated
February 5, 1983, requesting staff assistance in their ongoing
Bakersfield, California, February 16, 1983 - Page 2
299
efforts to establish a governmentally recognized Enterprise Zone,
was received and staff was authorized to continue ~sisting the
Southeast Enterprise Zone, subject to a presentation-back to the
Council outlining the scope of what they need and costs that will
be incurred.
Upon a motion by Councilman Barton, communication from
Golden Empire Ambulance, 6 McDonald Way, dated February 7, 1983,
requesting that they be allowed to utilize the same rates as the
County of Los Angeles, was received and referred to the Business
Development and Parking Committee for study and recommendation.
Upon a motion by Councilman Payne, communication from
Dave Spencer, Prestige Limousine, 6201 Manchester Lane, dated
February 7, 1983, requesting an amendment to an ordinance that
requires large magnetic signs on both sides of limousine being
used as a public service, was received and referred to staff.
Upon a motion by Councilman Christensen, communication
from L. Dale Mills, Kern County Director of Public Works, dated
February ll, 1983, notifying the City, on behalf o£ the Board of
Supervisors, that Agreement No. 74-99 providing for the operation
of the Sanitary Landfill will be terminated as of September 15,
1983, was received and referred to the Director of Public Works.
COUNCIL STATEMENTS
Councilman Rockoff stated the City Manager has furnished
each Councilman with a tentative Council Meeting Schedule and there
is a conflict on May 25th, because the League of California Cities
will be holding their Legislative Conference on that date.
City Manager Kelmar stated the meeting dates will be
altered for that month and the resolution setting Council Meeting
dates will be on the agenda for the next Council Meeting.
Councilman Means, referring to the Zone of Benefit No. 1
Tax, stated last week he requested a status report from the City
Attorney and that was furnished to each Councilman. Considering
800
Bakersfield, California, February 16, 1983 - Page 3
what is contained in that report it appears that the Council did
not take several steps along the way that the City Attorney recom-
mended, if needed. It is no longer possible for the Council to
place any pressure on the Kern County Water Agency to get them to
eliminate the tax or do anything that would be close to reasonable,
in terms of public input to phase it out. Some good has been
accomplished. The City Manager has been extremely cooperative in
the last year trying to get the Water Agency to do something about
Zone of Benefit No. 7 and begin to look at Zone of Benefit No. 1.
It is unfortunate, as the memorandum points out, that last summer,
on two occasions when expert testimony was needed about the study
in order to have any legal pressure on the Water Agency, the
Council did not do it. It was very clear then, as it is now, that
various members of the Council did not support a study because they
did not want to take on the Kern County Water Agency and were
afraid if the Zone of Benefit No. 1 Tax was eliminated from City
residents they would not know what to do to collect the rest of
the money. Councilman Means stated he still believes that tax is
unfair and it is unfortunate that the City does not have the
authority to do anything about it and the Board of Supervisors
have not dealt with it as an issue.
Councilman Strong read the following letter expressing
his intention to resign as Councilman for the First Ward:
February 16, 1983
Honorable Mayor and Council Members:
This letter is written to inform the Council
and staff of my decision to resign my position
as Councilman of the First Ward, effective as
soon as an election (City-Wide), can be held
to fill the vacancy. Public notice is thought
to be appropriate at this time so as to give
the staff adequate time to schedule and prepare
for such an election, which, hopefully, can be
coordinated with the next City-wide election,
thus avoiding the cost of having to hold a
Special Election for Ward 1 residents exclusively.
Giving notice now will also allow interested
persons and potential candidates ample time to
Bakersfield, California, February 16, 1983 - Page 4
familiarize themselves with the demand, duties
and responsibilities of the job.
Should only one candidate file for the office
and if there appears to be no objection from
the First Ward community. an interim appoint-
ment by the Council may be encouraged.
It is requested that this letter be regarded
as official notice of my intention to terminate
my office, and that it be received and placed
on file.
Respectfully submitted,
VERNON D. STRONG
Councilman 1st Ward
City of Bakersfield
Councilman Barton stated, with great reluctance, he
would make a motion that Councilman Strong's letter expressing
his intention to resign as Councilman of the First Ward be received
and placed on file. This motion was unanimously approved.
REPORTS
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 2-83 regarding Business Tax
Appeals Board, as follows:
The Business Tax Appeals Board was created in
1969 to review all appeals of orders issued by
the Business License Collector of the City.
Over the years, the purpose of this Board has
become almost nonexistent. During the past
ten years, there has been only one appeal filed.
The staff has brought this matter to the
attention of the Business Development and
Parking Committee, and has recommended that
this Board be abolished and the duties assumed
by the City Council. After careful considera-
tion, we are in complete agreement with the
staff and would recommend Council approval of
the amended ordinance. This amendment will
eliminate the Business Tax Appeals Board, how-
ever, any appeal that might be made in the
future will be heard by the City Council.
This Committee recommends Council approval of
this report and consider tonight's action as
first reading of the amended ordinance.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 2-83 regarding Business Tax Appeals
Board, was accepted.
Bakersfield, California, February 16, 1983 - Page 5
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Sections 5.02.070, 5.02.220
C., 5.02.230 and 5.02.290 of the
Bakersfield Municipal Code relative
to Appeals under City's Business
License Tax Ordinance.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Sections 5.02.070,
5.02.220 C., 5.02.230 and 5.02.290 of the Bakersfield Municipal
Code relative to Appeals under City's Business License Tax
Ordinance.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 7-83 regarding Tax Exempt Bonds,
as follows:
On July 1, 1982, this Committee considered a
request submitted by Planz Village Community
Center requesting consideration and approval
of an inducement resolution that would allow
the issuance of tax exempt bonds for the
purpose of financing a commercial-retail center
on the northeast corner of New Stine and Planz
Roads.
Our review of the project and subsequent recom-
mendation was based on the five major criteria
established by the City Council:
1. Creation of job intensive industry;
2. Upgrading of existing structures, businesses
or facilities;
3. Construction activity in economically im-
pacted areas;
o
When the issuance of these bonds or notes
will induce or encourage growth in a sector
of our community that has not experienced
growth;
o
When the issuance o£ these bonds or notes
will result in the reuse of existing
structures o£ architectural or historical
significance.
Pursuant to our review, this Committee felt the
use of tax exempt financing for this project
would be inappropriate and on July 21, 1982,
we recommended the City Council reject the
request. After review and discussion o£ the
recommendation by the City Council, the matter
was returned to this Committee for £urther
study and recommendation.
Bakersfield, California, February 16, 1983 - Page 6
In addition to this Committee further reviewing
and considering the request, a financial con-
sultant was employed to prepare a report to
address the availability of conventional
financing for the project. The consultant's
report concluded that conventional financing
is available for this project and after
reviewing those findings with the consultant
and City staff, this Committee concurs with
that conclusion.
Subsequent to the request made by Planz Village
Community Center for tax exempt financing, the
City Council received similar requests from
Graybar Electric, Inc., Safeway Stores, Inc.,
and Tantillo & Associates (Pizza Hut).
In addition to reviewing the request of Planz
Village Community Center, this Committee has
reviewed all requests and on October 6, 1982,
recommended the City Council reject the request
of Graybar Electric, Inc. The Council approved
the recommendation in light of the fact the
company has the financial ability to construct
the facility without the financing assistance
provided by a tax exempt bond issue.
After considerable discussion and review, this
Committee continues to believe it would be
unappropriate to use tax exempt financing for
not only the Planz Village Community Center,
but Safeway Stores, Inc., and Tantillo &
Associates as well. Each of the projects are
in areas that have experienced growth and
expansion through the use of conventional
financing mechanisms and we believe will
continue to do so.
Therefore, this Committee recommends the City
Council reject the requests, enumerated above,
for the use of tax exempt bond financing of
their projects.
Councilman Rockoff stated Mr. Cutbirth has informed him
that he was able to obtain conventional financing for his project.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 7-83 regarding Tax Exempt Bonds, was
accepted; requests of Planz Village Community Center, Safeway
Stores, Inc., and Tantillo & Associates for use of Tax Exempt
Bond financing for their projects, was rejected.
Director of Public Works Hawley reported that on November
17, 1982, the City entered into a contract with Asphalt Paving
Company of Fresno to construct a concrete box culvert at Stine
Road and the Farmers Canal. Until the work is completed a 2 mile
3O4
Bakersfield, California, February 16, 1983 - Page 7
detour of traffic off Stine Road is required. The original
contract completion date was January 7, 1983, and it was extended
by a Contract Change Order to January 19, 1983, due to weather
conditions. Due to little progress on completing the culvert, on
February 2, 1983, he notified the contractor,
procedures would be initiated to suspend the
not completed within 7 days. On February 9,
by letter, that
contract if work was
1983, the Council
adopted a resolution which directed the City Engineer to prepare
a plan outlining the procedure, manpower and equipment needed to
complete the work in a satisfactory manner. The directive was
prepared and hand delivered to Asphalt Paving Company in Fresno
and a copy furnished to each Councilman.
necessary equipment and manpower to be on
than 2:00 P.M., Friday, February 18, 1983.
The directire required
the job site no later
Since the Council does
not meet again until March 2, 1983, and the public welfare and
convenience requires action prior to that date, should Asphalt
Paving Company fail to comply with the City Engineer's directive,
it is requested that the Council adopt a resolution that would
authorize the City Engineer to notify contractor of suspension of
contract and to take other appropriate action as outlined in the
resolution.
Adoption of Resolution No. 33-83 o£
the Council of the City of Bakers-
field authorizing City Engineer to
notify contractor of suspension of
contract and to take other appro-
priate action in event contractor
fails to comply with directive
(Contract No. 82-197, Box Culvert at
Stine Road and Farmers Canal), de-
claring urgency and authorizing
letting of contract without advertising
for bids.
Upon a motion by Councilman Payne, Resolution No. 33-83
of the Council of the City of Bakersfield authorizing City Engineer
to notify contractor of suspension of contract and to take other
appropriate action in event contractor fails to comply with directive
Bakersfield, California, February 16, 1983 - Page 8
(Contract No. 82-197, Box Culvert at Stine Road and Farmers Canal),
declaring urgency and authorizing letting of contract without
advertising for bids, was adopted by the following roll call vote:
Ayes
Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
Noes None
Absent: None
Councilman Means thanked the City Attorney for all his
help on the Zone of Benefit No. 1 Tax issue.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 4422 to 4651,
inclusive, in the amount of $630,537.36.
(b)
Claim for Damages from State Compensation
Insurance Fund, on behalf of California
State Disaster Council, 333 Palmer Drive,
Bakersfield. (Refer to City Attorney)
(¢)
Claim for Damages and Personal Injuries
from John Griffith Roberts, 1108 South
Union Avenue, #B4, Bakersfield. (Refer
to City Attorney)
(d)
Map of Tract No. 4268 and Improvement
Agreement with Elmer F. Karpe, Inc., for
construction of improvements therein,
located at northeast corner of Panama
Lane and Akers Road.
(e)
Map of Tract No. 4482 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located west of Gosford
Road, north of District Boulevard.
(f)
Contract Change Order No. 1 to Contract
No. 82-35 with California Water Service
Company for Water System Improvements in
"R"-"S" Street Alley south of East
California Avenue. This Change Order is
necessary to provide payment for actual
quantities of work which exceeded esti-
mated quantities. In order to meet the
City's compaction requirements additional
soil was imported to the site. Normally
the original soil is sufficient to meet
the required compaction level. The Change
Order increases the original contract of
$13,589 by $2,996.78. Sufficient funds
are available through savings from other
Community Development Projects.
Bakersfield, California, February 16, 1983 - Page 9
(g)
(h)
(i)
Contract Change Order No. 1 to Contract
No. 81-23 with James G. Francis for the
Chester Avenue Underpass at Southern
Pacific Transportation Company Railroad
Crossing. This Change Order is required
by the State for balancing all the times
of work included in the contract. This
is to be done prior to final billing for
Grade Separation Funds. The total cost
of the Change Order is $53,645.65 and the
City's share is $2,682.28. Sufficient
funds are budgeted in the current Fiscal
Year for the project.
Notice of Completion and Acceptance of
Work for Water System Improvements in the
"R" and "S" Streets Alley south of East
California Avenue, Contract No. 82-35
with California Water Service Company.
Notices of Completion and Acceptance of
Work on:
Wastewater Treatment Plant No. 3 Interim
Effluent Discharge System, Contract No.
82-176 with Credence Construction.
Resurfacing portions of Christmas Tree
Lane, Monterey Street and Haley Street,
Contract No. 82-190 with Granite Construc-
tion.
Resurfacing Elm Street (24th Street
northerly), 21st Street (Oak Street to
"F" Street), and "F" Street (Truxtun
Avenue to 21st Street), Contract No.
82-175 with Granite Construction.
Resurfacing Gosford Road, Ming Avenue and
Ashe Road Medians, Contract No. 82-179
with Granite Construction.
Sludge Pump Relocation at Wastewater
Treatment Plant No. 2, Contract No. 82-199
with Burke Oilfield Construction.
Construction of Reinforced Concrete Box
Culvert, Stockton Street at Eastside
Canal, Contract No. 82-167 with James G.
Francis.
Improvement of Bernard Street, Union
Avenue Intersection to 200' east of
Goodman Street, Contract No. 82-114 with
James G. Francis.
Construction of Storm Drains on Myrtle
Street, Palm Street and 2nd Street,
Contract No. 82-198 with GCA Equipment.
Tract No. 4481, Contract No. 82-75 with
Tenneco Realty Development Corporation,
located at Half Moon Drive and Hollymount
Avenue.
Bakersfield, California, February 16, 1983 - Page 10
807
(J)
Application for Encroachment Permit from
Glenn H. Mills, 3905 Panorama Drive,
Bakersfield, for construction of a wood
post retaining wall, 36 inches maximum
height, behind existing sidewalk.
(k)
Application for Encroachment Permit from
Turnupseed Electric, Inc., 5306 Aldrin
Court, Bakersfield, for construction of
temporary electrical overhead lines to
cross Easton Drive to new construction
site for electrical service during con-
struction.
(1)
Application for Encroachment Permit from
Joe Newton, 2421 Haley Street, #3, Bakers-
field, for construction of a 24 inch high
planter retaining wall behind sidewalk at
6013 Diamond Oaks Avenue.
(m)
Application for Encroachment Permit from
Steve Bratcher, 3022 18th Street,
Bakersfield, for construction of a 36
inch maximum height retaining wall for
planter area at 6016 Rexroth Avenue behind
existing sidewalk.
(n)
Plans and Specifications for connecting
the Hilton Inn Water Well to the Fair-
haven Well System.
(o)
Agreement between Planz Village Develop-
ment Company and the City of Bakersfield
providing for a temporary median opening
in Stine Road to serve a proposed shopping
center at the intersection of Stine Road
and Planz Road and required removal of
temporary median opening within 6 months
from opening date of first business in
the shopping center.
(p) DELETED
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n) and (o) of
the Consent Calendar, were adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Ratty, bid of Golden Bear
Equipment, in the amount of $17,935.20, for traffic control vehicles,
was accepted.
Bakersfield, California, February 16, 1983 - Page ll
Upon a motion by Councilman Payne, low bid of Helena
Chemical Company, in the amount of $20,802,92, for Karmex and
Diquat Chemicals for Parks and Wastewater Divisions, was accepted
and all other bids rejected.
Approval of bid for Flatbed Turf
Truck.
City Manager Kelmar stated in May, 1981, the City
received a price quote of $4,900 for the flatbed turf truck, which
did not include the flatbed, just the basic vehicle. In budgeting
for this equipment in February, 1982, for Fiscal Year 1982-83, the
$4,900 figure was used, plus ~600 for the flatbed and $500 for
inflation, which brought the amount up to $6,000. However, in the
year that has transpired since the preparation of the budget there
has been a cost increase beyond the estimate. The staff reviewed
the bid and find it acceptable.
Upon a motion by Councilman Ratty, low bid of Cushman
Motor Sales, in the amount of $7,264.18, for flatbed turf truck,
was accepted, the other bid rejected and Budget Transfer, in the
amount of $1,264.18, from Account No. 81-77200-484 to Account No.
11-772-451, was approved.
Upon a motion by Councilman Christensen, all bids for
remodeling Main Fire Station were rejected and the Finance Depart-
ment was authorized to readvertise for bids.
Adoption of Resolution No. 34-83 of
the Council of the City of Bakers-
field authorizing the Finance Opera-
tions Manager to negotiate a contract
for such necessary work, supplies,
and equipment without advertising for
bids for the removal and sale of a
single family dwelling on City-owned
property.
At the February 2, 1983, Council Meeting the surplus
single-family dwelling unit at the Senior Center was declared
surplus property. Due to the scheduled remodeling at the site
the house needs to be removed as soon as possible. Bids have been
solicited and scheduled to close Wednesday, February 16th, and a
report will be made by Assistant City Manager-Finance Higginbotham.
Bakersfield, California, February 16, 1983 - Page 12
8O9
Assistant City Manager-Finance Higginbotham stated the
bid opening was at 2:00 P.M. today and no bids were received. The
Community Development Department has informed staff it is necessary
to proceed with the removal of the house so the contractor can
proceed. The Council is requested to adopt a resolution that
would authorize staff to proceed with negotiations with interested
parties.
Councilman Rockoff requested that the final results on
the sale of the house be brought back to the Council.
Upon a motion by Councilman Strong, Resolution No. 34-83
of the Council of the City of Bakersfield authorizing the Finance
Operations Manager to negotiate a contract for such necessary work,
supplies, and equipment without advertising for bids for the re-
moval and sale of a single family dwelling on City-owned property,
was adopted by the following roll call vote:
Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
None
None
Ayes:
Noes
Absent:
DEFERRED BUSINESS
Adoption of Ordinance No. 2810 New
Series of the Council of the City of
Bakersfield amending Section 6.04.050
(B) of the Bakersfield Municipal Code
relative to Dog Licenses.
This ordinance makes Dog Licenses
anniversary of the first license instead of
due biennially on the
July 1st of each year.
Ayes: Councilmen Rockoff, Strong,
Payne, Ratty
Noes: None
Absent: None
Barton,
Christensen, Means,
Upon a motion by Councilman Rockoff, Ordinance No. 2810
New Series of the Council of the City of Bakersfield amending
Section 6.04.050 (B) of the Bakersfield Municipal Code relative to
Dog Licenses, was adopted by the following roll call vote:
310
Bakersfield, California, February 16, 1983 - Page 13
Adoption of Ordinance No. 2811 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield commonly
known as 500 West Columbus Street
(Conditional).
The application for this amendment was made by Mobile-
town Development Corporation and would change subject property
from an MH (Mobilehome) Zone to a C-1 (Limited Commercial) Zone.
The requirement to in,all a six-foot high chain link
fence, to the City standards, along the east property line adjacent
to the canal has been met.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2811 New Series amending Title Seventeen of the
~unicipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield commonly
known as 500 West Columbus Street (Conditional), finding said
zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes
Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
Noes None
Absent: None
Adoption of Ordinance No. 2812 New
Series of the Council of the City of
Bakersfield amending Section 17.06.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of that
certain property in the City of
Bakersfield commonly known as 222
34th Street, approving the Preliminary
Development Plan and making findings
in connection with P.C.D. Zone.
The application for this amendment was made by San Dimas
Properties and would change subject property from a P.C.D. (Planned
Commercial Development) Zone to a Revised P.C.D. (Planned Com-
mercial Development) Zone, consisting of a one-story 10,823 square-
foot medical office structure.
Bakersfield, California, February 16, 1983 - Page 14
3'1 !
The Planning Commission recommended approval of this
amendment, subject to 9 additions to the plan.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2812 New Series of the Council of the City of
Bakersfield amending Section 17.06.020 of Title 17 of the Munici-
pal Code changing the Land Use Zoning of that certain property in
the City of Bakersfield commonly known as 222 - 34th Street,
approving the Preliminary Development Plan and making findings in
connection with P.C.D. Zone, finding said zoning consistent with the
General Plan, were adopted by the following roll call vote:
Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
Ayes:
Noes: None
Absent: None
Adoption of Ordinance No. 2813 New
Series of the Council of the City of
Bakersfield amending Title Seventeen
of the Municipal Code changing the
Land Use Zoning of that certain
property in the City of Bakersfield
located at the southeast corner of
the intersection of Planz Road and
Stine Road and making findings in
connection with a P.C.D. Zone.
The application for this amendment was made by Michael
D. Cutbirth and would change subject property from a P.C.D. (Planned
Commercial Development) Zone to an Amended P.C.D. (Planned Com-
mercial Development) Zone.
The changes were approved by the Planning Commission,
except the change permitting left-turn onto Stine Road during the
first six months of shopping center operations, which was approved
by the Council on an Appeal heard June 23, 1982.
Mr. Cutbirth has provided the City with an agreement and
Security Bond, in the amount of $4,000, for the closing of the
median and elimination of the left-turn movement as per agreement.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2813 New Series of the Council of the City of
312
Bakersfield, California, February 16, 1983 - Page 15
the City of Bakersfield amending Title Seventeen of the Municipal
Code changing the Land Use Zoning of that certain property in the
City of Bakersfield located at the southeast corner of the inter-
section of Planz Road and Stine Road and making findings in
connection with a P.C.D. Zone, finding said zoning consistent with
lhe General Plan, were adopted by the following roll call vote:
Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
None
None
Ayes:
Noes:
Absent:
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 2.18.050 of the
Bakersfield Municipal Code relative
to the Director of Water Resources.
This ordinance substitutes "Director of the Water
Resources Department" for "Manager of the Water Department" to
conform this code section with recent departmental reorganization.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 2.18.050 of
the Bakersfield Municipal Code relative to the Director of Water
Resources.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.08.170 A. of
Title 17 of the Bakersfield Municipal
Code relative to Front, Side and Rear
Yard Encroachment.
This amendment of the Zoning Ordinance would permit
cornices, canopies, carports, eaves and similar architectural
features to project three feet, rather than two feet, into required
yard areas. The change would allow more energy efficient design
and make the Building Code and Zoning Ordinance consistent with
respect to such construction.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.08.170 A.
Bakersfield, California, February 16, 1983 - Page 16
813
of Title 17 of the Bakersfield Municipal Code relative to Front,
Side and Rear Yard Encroachment.
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Section 17.16.025 to Chapter
17.16 of the Bakersfield Municipal
Code, adding Section 17.18.025 to
Chapter 17.18 of the Bakersfield
Municipal Code and adding Section
17.36.025 to Chapter 17.36 of the
Bakersfield Municipal Code relative
to uses permitted subject to
Conditional Use Permit in R-3, R-4
and CH Zones.
This amendment to the Zoning Ordinance would allow
Certified Farmers Markets by Conditional Use Permit in CH Zones
and at retirement communities or senior citizen centers by Condi-
tional Use Permit in R-3 and R-4 Zones.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Section 17.16.025 to
Chapter 17.16 of the Bakersfield Municipal Code, adding Section
17.18.025 to Chapter 17.18 of the Bakers£ield Municipal Code and
adding Section 17.36.025 to Chapter 17.36 of the Bakersfield
Municipal Code relative to uses permitted subject to Conditional
Use Permit in R-3, R-4 and CH Zones.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.58.020 of the
Bakersfield Municipal Code relative
to Parking for Office/Warehouse
Complexes.
This amendment would provide an explicit standard for
the number of parking spaces to be required for office/warehouse
complexes.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.58.020 of
the Bakersfield Municipal Code relative to Parking for Office/
Warehouse Complexes.
Bakersfield, California, February 16, 1983 - Page
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.64.060 of the
Bakersfield Municipal Code by amend-
ing Subsection B. and adding Sub-
section C. relative to Waiver of
Hearings (Conditional Use Permits
and Modifications).
This is a clarification of the existing Zoning Ordinance
and an additional requirement that property owners across the
street from (not just adjacent to) a proposed Modification concur
in an applicant's request for waiver of public hearing before such
waiver of hearing is granted.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.64.060 of
the Bakersfield Municipal Code by amending Subsection B. and adding
Subsection C. relative to Waiver of Hearings (Conditional Use
Permits and Modifications).
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 17.66 of the Bakersfield
Municipal Code by amending Section 17.66.010
A. relative to Conditional Use Permits.
This amendment of the Zoning Ordinance would provide
that Conditional Use Permits may only be granted for uses speci£ied
by ordinance and may not be granted for uses prohibited by ordinance.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Chapter 17.66 of the
Bakersfield Municipal Code by amending Section 17.66.010 A. relatiYe
to Conditional Use Permits.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title Seventeen of the Land
Use Zoning of those certain properties
in the City of Bakersfield commonly
known as 2600 through 2721 Manitou
Way and 7300 through 7316 (even only)
Hilton Head Way.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject properties
from an R-2 (Limited Multiple Family Dwelling) Zone to an R-1
(One Family Dwelling), or more restrictive Zone.
Bakersfield, California, February 16, 1983 - Page 18
The Planning Commission recommended approval of the
amendment.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Title Seventeen of
the Land Use Zoning of those certain properties in the City of
Bakersfield commonly known as 2600 through 2721Manitou Way and
7300 through 7316 (even only) Hilton Head Way.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code by chang-
ing the Land Use Zoning of those
certain properties in the City of
Bakersfield located between Faith
Avenue and Fairview Road, 1,320 feet
west of South "H" Street.
The application for this amendment was made by Homestead
Land Development Corporation and would change subject properties
from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling),
or more restrictive Zone.
The Planning Commission recommended approval of this
amendment.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Title Seventeen of the
Bakersfield Municipal Code by changing the Land Use Zoning of those
certain properties in the City of Bakersfield located between Faith
Avenue and Fairview Road, 1,320 feet west of South "H" Street.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Title
17 of the Municipal Code changing the
Land Use Zoning of those certain
properties in the City of Bakersfield
located at the southeast corner of
E1 Portal Drive and Ming Avenue, and
making findings in connection with a
P.U.D. Zone.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject properties
from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit
Development) Zone, consisting of 84 single family dwelling units
and one recreation building.
316
Bakersfield, California, February 16, 1983 - Page 19
The Planning Commission recommended approval of this
amendment, subject to 13 additions to the plan, and made findings
delineated in Section 17.52.070 of Chapter 17.52 of the Municipal
Code.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.06.020 of
Title 17 of the Municipal Code changing the Land Use Zoning of
those certain properties in the City of Bakersfield located at
the southeast corner of E1 Portal Drive and Ming Avenue, and
making findings in connection with a P.U.D. Zone.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Title
17 of the Municipal Code changing
the Land Use Zoning of that certain
property in the City of Bakersfield
commonly known as 403 Real Road, and
making findings in connection with a
P.U.D. Zone.
The application for this amendment was made by Grace
Potter and would change subject property from an R-1 (One Family
Dwelling) Zone to a P.U.D. (Planned Unit Development) Zone,
consisting of seven structures having a total of fifty-three
apartment units.
The Planning Commission recommended approval of this
amendment, subject to 16 additions to the plan, and made findings
delineated in Section 17.52.070 of Chapter 17.52 of the Municipal
Code.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.06.020 of
Title 17 of the Municipal Code changing the Land Use Zoning of
that certain property in the City of Bakersfield commonly known as
403 Real Road, and making findings in connection with a P.U.D. Zone.
Adoption of Resolution No. 35-83 of
the Council of the City of Bakers-
field initiating proceedings for the
annexation of territory to the City
of Bakersfield identified as Pro-
ceeding No. 796, Annexation No. 286,
in accordance with LAFCO Resolution
making determination (Kern River No.
8).
Bakersfield, California, February 16, 1983 - Page 20
817
as Proceeding No. 796, Annexation No.
Resolution making determination (Kern
the following roll call vote:
This resolution initiates the proceedings for the annexa-
tion of Kern River No. 8 and sets the date of the protest hearing
for March 30, 1983.
Upon a motion by Councilman Rockoff, Resolution No. 35-83
of the Council of the City of Bakersfield initiating proceedings
for the annexation of territory to the City of Bakersfield identified
286, in accordance with LAFCO
River No. 8), was adopted by
Ayes: Councilmen Rockoff, Strong,
Payne, Ratty
Noes: None
Absent: None
Barton, Christensen, Means,
Adoption of Resolution No. 36-83 of
the Council of the City of Bakers-
field initiating proceedings for the
annexation of territory to the City
of Bakersfield identified as Pro-
ceeding No. 797, Annexation No. 287,
in accordance with LAFCO Resolution
making determination (Kern River No.
9).
This resolution initiates the proceedings for the annexa-.
tion of Kern River No. 9 and sets the date of the protest hearing
for March 30, 1983.
Upon a motion by Councilman Rockoff, Resolution No. 36-8Z
of the Council of the City of Bakersfield initiating proceedings
for the annexation o£ territory to the City of Bakersfield identified
as Proceeding No. 797, Annexation No. 287, in accordance with LAFCC,
Resolution making determination (Kern River No. 9), was adopted by
the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Rockoff, Strong,
Payne, Ratty
None
None
Barton, Christensen, Means,
818
Bakersfield, California, February 16, 1983 - Page 21
Approval of Agreement between the City
of Bakersfield and I T Corporation
providing all services and equipment
necessary for removal and disposal of
hazardous materials which may be
spilled on City property or other
areas where hazardous materials
threaten the health or welfare of the
City.
Councilman Means requested that Director of Fire and
Development Services Needham read and make a report on an article
that appeared in last month's League of California Cities Western
Magazine on "Right to Know Ordinance," that cities are looking at
in terms of transporting hazardous waste and how City Fire Depart-
ments will deal with it.
Upon a motion by Councilman Means, Agreement between the
City of Bakersfield and I T Corporation providing all services and
equipment necessary for removal and disposal of hazardous materials
which may be spilled on City property or other areas where hazardous
materials threaten the health or welfare of the City, was approved
and the Mayor was authorized to execute same.
Receive and file Resolution of the
Redevelopment Agency of the City of
Bakersfield adopting a Conflict of
Interest Code applicable to the
members of the Agency pursuant to
the Political Reform Act of 1974.
This Redevelopment Agency Resolution is required to be
officially reviewed by the City Council. Said resolution adopts
a Conflict of Interest Code applicable to members of the Agency
pursuant to the Political Reform Act of 1974.
Councilman Ratty stated due to a real or imaginary
conflict of interest he would not participate in this matter.
Upon a motion by Councilman Barton, Resolution of the
Agency of the City of Bakersfield adopting a Conflict of Interest
Code applicable to the members of the Agency pursuant to the
Political Reform Act of 1974, was received and ordered placed on
file. Councilman Ratty abstained from voting on this matter.
Bakersfield, California, February 16, 1983 - Page 22
319
Ayes:
Payne,
Noes: None
Absent: None
HEARINGS
This is the time set for public hearing before the
Council regarding the approval of the issuance of $1,600,000
principal amount adjustable rate Industrial Development Revenue
Bonds (L.O.R., Inc., Project) Series 1983.
This hearing was duly advertised.
Resolution IDA 2-82, approved by the Bakersfield
Industrial Development Authority on May 26, 1982, and Resolution
No. 80-82, approved by the City Council on July 21, 1982, approved
the application submitted by L.O.R., Inc., for the development of
a manufacturing and assembling facility on certain properties
located in the Stockdale Industrial Park. The subject resolution
would approve the issuance of bonds for the financing of this
project. This resolution does not approve the sale of those bonds,
this will require additional action on the part of the Industrial
Development Authority.
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. 37-83
of the City Council of the City of Bakersfield approving the
issuance of $1,600,000 principal amount of adjustable rate Industrial
Development Revenue Bonds (LOR, Inc., Project) Series 1983, was
adopted by the following roll call vote:
Councilmen Rockoff, Strong, Barton, Christensen, Means,
Ratty
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 8:10 P.M. y,__~ .~~
MA 'OR of y City o2 Bakersfield, Calif.
ATTEST:
CIT d ~x Officio Clerk of the Council
of the City of Bakersfield, California
ma
320
Bakersfield, California, March 2, 1983
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., March 2, 1983.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Dr. John Marshall of
the University Baptist Church.
The City Clerk called the roll as follows:
Present: Mayor Shell.
Absent: None
Councilmen Strong,
Means,
Barton, Christensen,
Payne, Ratty, Rockoff
Minutes of the regular meetings of February 9 and 16,
1983, were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Marshall Jacobson, representing the Crime Commission,
outlined the history of the Kern County Crime Commission and ex-
plained their purpose, basically, was to stamp out crime in Kern
County. The Crime Commission's Final Report and Recommendation,
including a budget, have been submitted to the Council and they
are requesting that the Commission be officially established and
the City Attorney directed to prepare an enabling ordinance or
refer the entire matter to a Council Committee for study and
recommendation. Mr. Jacobson introduced Crime Commission members
Sherman Tyler, Jules Moquin, Beth Freedman, Diana Marshall and Rob
Miller.
Councilman Payne commended the Crime Commission for the
work they have done and stated the Council has received a letter,
signed by five members of that Commission, disagreeing with the
concepts of the proposal submitted by the Crime Commission. Counc~L1-
man Payne reviewed the items contained in the report and recom-
mendations that he opposes or feels need further review.
Mayor Shell declared a recess at 7:20 P.M., due to a
malfunction of the recording equipment and reconvened the meeting
at 7:40 P.M.
Bakersfield, California, March 2, 1983 - Page 2
,321
In answer to a question by Councilman Payne, Police Chief
Price stated there has been a reduction in crime in the City. In
total crime there has been an decrease of approximately 16% in a
three year period. If the population increase is counted it would
be approximately 24%. Reported crime had a decrease last year and
it appears, in the first report from the F.B.I., there has been a
minor decrease this year. Chief Price stated he did not want to
indicate there is not a crime problem, but it certainly is not
rampant or a runaway problem in Bakersfield.
Mayor Shell commended the members of the Crime Commission
for their dedication and read a memorandum, as follows:
Because I was instrumental in organizing the
first group that made up the Greater Bakers-
field Crime Commission, I feel an obligation
to offer comments on the request to you for
official establishment of the Kern County Crime
Commission by ordinance.
Ordinarily when a Commission is established,
the governing body drafts the implementing
ordinance, which includes provisions for
membership and stated purposes.
In the instance of the Kern County Crime
Commission, the reverse process is being
proposed. The members o£ the Commission are
asking for legal status and at the same time
requesting approval of a set of rules of
procedure.
May I suggest that if the City Council decides
to officially establish a Crime Commission by
ordinance, that it also assume the responsi-
bility of drafting appropriate rules of
procedure for the Commission.
Councilman Payne made a motion, in light of the Mayor's
recommendation, to disband the existing Kern County Crime Com-
mission, or at least withdraw the City's participation, refer the
proposed recommendations to the Governmental Efficiency and
Personnel Committee for study and recommendation back to the
Council and the Mayor be requested to send letters of appreciation
to the original members of the Kern County Crime Commission thanking
them for their contribution and efforts.
Bakersfield, California, March 2, 1983 - Page 3
Councilman Payne also stated he agrees with the last
paragraph in the Mayor's memorandum. If the Council decides to
officially establish a Crime Commission it should be done by
ordinance and the Council should assume the responsibility of
drafting the appropriate rules of procedure for that Commission.
Councilman Rockoff stated he hopes that the Governmental
Efficiency and Personnel Committee, if this motion passes, can
avail themselves of the experience of the persons who have sat on
this Commission to provide input as to their thoughts, recommendations,
etc., that might be of benefit in making a decision.
Councilman Strong stated if the Crime Commission is dis-
banded the Governmental Efficiency and Personnel Committee will
not have the opportunity to meet with them.
Mr. Jules Moquin, member of the Crime Commission, ex-
pressed his disagreement with Councilman Payne's motion to disband
the Crime Commission prior to meeting with them to discuss the
proposal and recommendations.
After a lengthy discussion, Councilman Strong requested
that Councilman Payne amend his motion to suspend the activities
of the Crime Commission, rather than disbanding them, pending study
and recommendation by the appropriate Council Committee.
Mrs. Beth Freedman, member of the Crime Commission, stated
some of the members have been working very hard on this Commission
and they would like to know where they stand.
Councilman Payne's amended motion that the proposed recom-
mendations of the Kern County Crime Commission be referred to the
Governmental Efficiency and Personnel Committee for study and
recommendation back to the Council and the activities of the Kern
County Crime Commission be suspended pending the results of that
study, was approved.
Mr. Gary Mason, 5700 Alberta Street, stated his garage
was converted to a family room by a previous owner and a permit was
never received. The Council heard an appeal by him on November
Bakersfield, California, March 2, 1983 - Page 4
1982, in which he requested that the Board of Zoning Adjustment's
denial of a modification to permit the elimination of two required
off-street parking spaces at his home be overturned. The Council
upheld the decision of the Board of Zoning Adjustment and denied
the permit. The City Attorney's Office called him today and asked
if the work would be completed by March 15th and he told them he
could not complete it by that date, but would do it as soon as
possible. He was then told if it was not completed he would have
to put up a $2,000 bond by tomorrow. If the bond is not put up a
warrant for his arrest would be served next Monday. In November
he told the Council he could not start the work until after the
first of the year. Nothing has been done to date, but he has
obtained bids and plans to start when the weather clears. Mr.
Mason requested a statement giving him a period of time in which
to complete the work.
City Attorney Oberholzer stated the appellant has done
absolutely nothing on that property in the last four months. At
the time of the hearing the Council was advised that they could
grant a three month modification, if they desired. The Council
did not give him any time to comply, because it was brought out,
at the hearing, that at the time the property was in escrow Mr.
Mason was made aware of the requirement that it did not meet the
off-street parking requirements because of the garage conversion.
At that hearing Councilman Strong asked what action the City
Attorney's Office would take if Mr. Mason failed to commence actioa.
The Council was informed if Mr. Mason commenced action the Building
Department would not come back to the Attorney's Office in a couple
of days and request a warrant for his arrest. However, four months
after the hearing the Building Department went to that location and
not one thing had been done. Mr. Mason is in violation of the
ordinance, which is a Misdemeanor and a criminal complaint for his
arrest will be issued, unless he posts a bond, so if he fails to do
the work the City will have the funds to hire a contractor to do tile
work.
Bakersfield, California, March 2, 1983 - Page 5
Mr. Mason stated the first bid he received was in excess
of $2,000 and he decided to do the work himself. At the time of
the hearing he informed the Council he did not have the funds to
start the work at that time and no time limit was set.
During discussion, City Attorney Oberholzer stated the
Council does not have the authority, as mentioned at the time of
the hearing, to grant 60 or 30 days reprieve to this individual.
The Council does have the authority to change the ordinance and
not make this a Misdemeanor violation or rescind their actions of
November 10, 1982, and hold another public hearing on the matter.
After a lengthy discussion, Mayor Shell declared a brief
recess at 8:35 P.M. and reconvened the meeting at 8:45 P.M.
Mr. Mason indicated he had talked to the City Attorney
to work
during the recess and he will see him tomorrow in order
something out regarding this matter.
CORRESPONDENCE
Upon a motion by Councilman Means,
communication from
Judith Eileen Connelly, 1230 - 33rd Street, regarding dogs roaming
in her neighborhood at night, was received and referred to staff.
Upon a motion by Councilman Barton, communication from
Paul Slevkoff, 1204 White Lane, dated February 18, 1983, regarding
traffic and noise problems on White Lane and demanding an immediate
response as to why the City does not comply with the California
Environmental Quality Act and immediately restore the speed limit
to its original 25 m.p.h. or determine what speed limit can be
safely tolerated on that street, was received and referred to the
Traffic Authority.
Upon a motion by Councilman Rockoff, communication from
Golden Empire Sports Complex, dated February 24, 1983, requesting
a 60 to 90 day extension on Agreement No. 82-124 for paving the
parking lot at their facility, was received and referred to the
Public Works Department.
Bakersfield, California, March 2, 1983 - Page 6
Upon a motion by Councilman Christensen, communication
from Kenneth Cory, Controller of the State of California, dated
February 11, 1983, forwarding statements showing the amount of
revenues estimated to be paid to each City and County during the
fiscal year ending June 30, 1984, was received and referred to staff.
Upon a motion by Councilman Payne, communication from
LeRoy Livermore, P.O. Box 746, Bakersfield, dated February 25, 1983,
requesting abandonment of an easement located at the rear of and
between 3624 and 3630 White Lane, was received and referred to the
Public Works Department.
Upon a motion by Councilman Barton, communication from
Norm Michaud, dated February 28, 2983, requesting to lease City
owned property located between Mt. Vernon and Quantico Avenues and
Brundage Lane and Freeway 58, for a repair business to serve large
trai~ers, including preparation of certain trailers for transfer
to rail cars in a containerized or "piggyback" system, was receive.~
and referred to the Business Development and Parking Committee for
study and recommendation.
Upon a motion by Councilman Christensen, communication
from Karpe Real Estate Center, 4000 Ming Avenue, dated February 28,
1983, expressing interest in purchasing City property located on
Akers Road, between Planz Road and White Lane, was received and
referred to the Public Works Department.
Upon a motion by Councilman Rockoff, communication from
Wesley United Methodist Church, 3030 Niles Street, dated March l,
1983, extending an invitation to the Mayor and Council to attend
the ground breaking ceremonies of their new Social Hall on Saturday,
March 12, 1983, was received and ordered placed on file.
COUNCIL STATEMENTS
Upon a motion by Councilman Payne, memorandum he received
from the members of the Police Department requesting that the
"Moonlighting Ordinance" be clarified and liberalized, was referred
to the Governmental Efficiency and Personnel Committee for study
and recommendation.
Bakersfield, California, March 2, 1983 - Page 7
Adoption of Emergency Ordinance No.
2814 New Series of the Council of the
City of Bakersfield amending Section
5.44.100 of the Bakersfield Municipal
Code relative to Conduct at Dances.
Councilman Barton stated last Saturday at a public dance
held to raise funds for the Boy Scouts a problem was brought to
his attention, whereby, they were not allowed to operate a bar,
and because of this they could not generate enough funds to operate
the Boy Scouts Camp this summer. The following items were added
to the ordinance:
Notwithstanding the foregoing provision, alcoholic
liquor may be sold and consumed in any room or on
the premises where a dance is in progress under
the following circumstances:
A. No person under the age of 21 is permitted
to enter the dance.
Alcoholic beverages purchased at the dance
must be consumed within the building where
the dance is being conducted.
Co
One (1) licensed security guard shall be
stationed outside of the premises where
the dance is being conducted.
There shll be a minimum of three (3)
licensed security guards inside the
premises for up to 350 persons in attend-
ance at the public dance. Thereafter,
there shall be an additional security
guard added for each 150 additional
persons (or any number of persons consti-
tuting part of the additional 150 persons).
Councilman Barton stated under the old ordinance there
was no restriction for persons under 21 attending a dance where
alcohol was served in an adjoining room. The reason this is being
submitted as an Emergency Ordinance is that on March ll, 1983, the
Heart Association is sponsoring the Tommy Dorsey Band and without
this ordinance that fund raiser would have to be terminated. This
ordinance provides greater restrictions and allows charitable
organizations to generate funds.
City Attorney Oberholzer stated the old ordinance provided
that alcoholic beverages could be served at a public dance, but
they had to be served and consumed in a separate room from the dance.
Bakersfield, California, March 2, 1983 - Page 8
327
This ordinance still provides that alcoholic beverages can be
served, but they can be brought into the same room to be consumed,
if they comply with the other provisions as stated by Councilman
Barton.
Upon a motion by Councilman Barton, Emergency Ordinance
No. 2814 New Series of the Council of the City of Bakersfield
at Dances, was adopted by the following roll
relative to Conduct
call vote:
Ayes: Councilmen
Noes: None
Absent: None
Mr.
entertainment,
Strong, Barton, Christensen, Means, Payne,
Ratty, Rockoff
Sam Younghands, production company owner dealing in
expressed his opposition to the Emergency Ordinance
regarding public dances.
Mr. Jim Hayden, on behalf of KERN Radio and various
charities, thanked the Council for the adoption of the Emergency
Ordinance.
Upon a motion by Councilman Rockoff, Memorandum and
attachments from the City Manager regarding Federal Revenue Sharing
Funds, was referred to the Budget Review and Finance Committee for
study and recommendation.
REPORTS
Councilman Rockoff, Chairman of the Business Development
and Parking Committee, read Report No. 3-83 regarding The Lease of
Eight Parking Spaces Located on City-Owned Parking Lot at 20th and
"L" Streets, as follows:
On February 9, 1983, this Committee met to
discuss the request from Mr. John Diatte, a
general partner of Kress Building Associates,
to lease eight parking spaces from the City's
20th and "L" Streets parking lot for the
purpose of satisfying certain parking require-
ments associated with the rehabilitation and
reuse of the Kress Department Store Building.
Kress Building Associates is attempting to re-
habilitate the Kress Department Store Building
Bakersfield, California, March 2, 1983 - Page 9
located at "K" and 19th Streets for use as an
office building. In an effort to provide the
necessary parking for this rehabilitation, Mr.
John Diatte has leased 32 parking spaces on
properties located at 20th and "K" Streets.
Based upon a determination made by the City's
Planning Department, the rehabilitation pro-
posed for this structure will require a total
of 40 parking spaces. This will require an
additional eight parking spaces to be secured
by Mr. Diatte.
To ensure that the required parking is available
for this project, this Committee is recom~nending
that the City lease eight additional parking
spaces at the 20th and "L" Streets parking lot
to Mr. John Diatte at the prevailing market rate.
We further recommend that the City Attorney be
instructed to draw up the necessary agreements
and authorize the Mayor to execute.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 3-83 regarding The Lease of Eight
Parking Spaces Located on City-Owned Parking Lot at 20th and "L"
Streets, was accepted; and Lease with Mr. John Diatte for eight
additional parking spaces at the 20th and "L" Streets Parking Lot,
was approved, the Mayor was authorized to execute same and the
City Attorney was instructed to draw up necessary agreements.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 4652 to 4930,
inclusive, in the amount of $811,952.01.
(b)
Claim for Damages and Personal Injuries
from Patsy Ladd, 3604 "K" Street, Bakers-
field. (Refer to City Attorney)
(c)
Claim for Damages from Jerry M. Whitworth,
2805 Cornell Street, Bakersfield. (Refer
to City Attorney)
(d)
Claim for Damages from Douglas Richard
Beatty, 2403 - 19th Street, Bakersfield.
(Refer to City Attorney)
(e)
Grant Deed from Arthur and Nancy Lee
providing additional street right-of-way
required for widening Stine Road from
Panama Lane to Pacheco Road.
(f)
Street Right-of-Way Dedication and Flowage
and Access Easement from Tri Star Develop-
ment Company as required by the Planning
Commission for Parcel Map No. 6778, located
at southeast corner of White Lane and Stine
Road.
Bakersfield, California, March 2, 1983 - Page l0
3_09
(g)
Map of Tract No. 4590 and Improvement
Agreement with Grupe Communities for
construction of improvements therein,
located south of Stockdale Highway, west
of Gosford Road.
(h) Notices of Completion and Acceptance of
Work on:
Curb and Gutter Construction, Lowell
Addition, Phase III, Contract No. 82-119
with Bakersfield Concrete and Construction.
Traffic Signal System Modification on "H"
Street and 17th, 18th, 19th, 20th and
21st Streets, Contract No. 82-130 with
Webb Electrical Construction.
Tract No. 4139, Contract No. 80-53 with
Hartozco Development, located at north-
west corner of Fairview Road and South
"H" Street.
(i)
Application for Encroachment Permit from
William R. and Adrendina Brown, 2818 San
Pablo Street, Bakersfield, for construc-
tion of a wooden retaining wall at back
of sidewalk at 2818 San Pablo Street.
(J)
Application for Encroachment Permit from
City of Bakersfield's Redevelopment Agency,
1501Truxtun Avenue, Bakersfield, for
construction of a parking structure to
extend approximately four feet six inches
(4'6") into the alley sidewalk area and
sidewalk tree wells along 18th and Eye
Streets.
(k) Plans for Modification of Traffic Signals
on White Lane at Wible Road.
(i)
Request from Parkhill Development
Associates for an extension of time to
complete improvements in Tract No. 4352-A,
Agreement No. 81-165, located on south
side of Columbus Street, west of Oswell
Street. The Public Works Department
recommends a twelve month extension from
October 4, 1982 to October 4, 1983, for
improvements under Tract No. 4352-A.
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k) and (1) of the Consent
Calendar, were adopted by the following roll call vote:
Ayes:
Councilmen Strong, Barton, Christensen, Means, Payne,
Ratty, Rockoff
Noes: None
Absent: None
Bakersfield, California, March 2, 1983 - Page 11
ACTION ON BIDS
Upon a motion by Councilman Strong, low bid of James G.
Francis, in the amount of $33,990, for completion of Reinforced
Concrete Box Culvert at Stine Road and Farmers Canal, was accepted,
all other bids rejected and the Mayor was authorized to execute
the contract.
Upon a motion by Councilman Payne, low bid of M-D
Construction Company, in the amount of $36,266, for construction
of the Fairview 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 Christensen, low bid of
Quinn Company, in the amount of $63,434.64, for Diesel Motor Grader,
was accepted and the other bid rejected.
Upon a motion by Councilman Barton, low bid of South
Coast Air Conditioning, in the amount of $4,876, for Annual Shut-
down Inspection and Eddy Current Test for Air Conditioning System
in City Hall, was accepted and the other bid rejected.
Upon a motion by Councilman Rockoff, offer of United
House Moving, in the amount of $3,500, for sale of surplus property
at the Bakersfield Senior Center, was accepted.
Upon a motion by Councilman Barton, low bid through the
State Contract, in accordance with Resolution No. 27-79, in the
amount of $27,485.42, for compact sedans for the Building, Public
Works and Water Departments, was accepted and all other bids
rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 2815 New
Series of the Council of the City of
Bakersfield amending Section 2.18.050
of the Bakersfield Municipal Code
relative to the Director of Water
Resources.
Upon a motion by Councilman Christensen, Ordinance No.
2815 New Series of the Council of the City of Bakersfield amending
Bakersfield, California, March 2, 1983 - Page
3.q!
Section 2.18.050 of the Bakersfield Municipal Code relative to the
Director of Water Resources, was adopted by the following roll call
vote:
Ayes:
Councilmen Strong, Barton, Christensen, Means, Payne,
Ratty, Rockoff
Noes None
Absent: None
Adoption of Ordinance No. 2816 New
Series of the Council of the City of
Bakersfield amending Sections 5.02.070,
5.02.220 C., 5.02.230 and 5.03.290 of
the Bakersfield Municipal Code relative
to Appeals under City's Business
License Tax Ordinance.
Upon a motion by Councilman Barton, Ordinance No. 2816
New Series of the Council of the City of Bakersfield amending
Sections 5.02.070, 5.02.220 C., 5.02.230 and 5.02.290 of the
Bakersfield Municipal Code relative to Appeals under City's
Business License Tax Ordinance, was adopted by the following roll
call vote:
Ayes:
Councilmen Strong, Barton, Christensen, Means, Payne,
Ratty, Rockoff
Noes: None
Absent: None
Adoption of Ordinance No. 2817 New
Series of the Council of the City of
Bakersfield amending Section 17.08.170
A. of Title 17 of the Bakersfield
Municipal Code relative to Front,
Side and Rear Yard Encroachment.
Upon a motion by Councilman Christensen, Ordinance No.
2817 New Series of the Council of the City of Bakersfield amending
Section 17.08.170 A. of Title 17 of the Bakersfield Municipal Code
relative to Front, Side and Rear Yard Encroachment, was adopted by
the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Payne,
Ratty, Rockoff
Noes: None
Absent: None
Bakersfield, California, March 2, 1983 - Page 13
Adoption of Ordinance No. 2818 New
Series of the Council of the City of
Bakersfield adding Section 17.16.025
to Chapter 17.16 of the Bakersfield
Municipal Code, adding Section
17.18.025 to Chapter 17.18 of the
Bakersfield Municipal Code and adding
Section 17.36.025 to Chapter 17.36 of
the Bakersfield Municipal Code
relative to uses permitted subject
to Conditional Use Permit in R-3, R-4
and CH Zones.
Upon a motion by Councilman Means, Ordinance No. 2818
New Series of the Council of the City of Bakersfield adding Section
17.16.025 to Chapter 17.16 of the Bakersfield Municipal Code, addiag
Section 17.18.025 to Chapter 17.18 of the Bakersfield Municipal
Code and adding Section 17.36.025 to Chapter 17.36 of the Bakers-
field Municipal Code relative to uses permitted subject to Conditional
Use Permit in R-3, R-4 and CH Zones, was adopted by the following
roll call vote:
Ayes:
Councilmen Strong, Barton, Christensen, Means, Payne,
Ratty, Rockoff
Noes: None
Absent: None
Adoption of Ordinance No. 2819 New
Series of the Council of the City of
Bakersfield amending Section 17.58.020
of the Bakersfield Municipal Code
relative to Parking for Office/Ware-
house Complexes.
Upon a motion by Councilman Ratty, Ordinance No. 2819
New Series of the Council of the City of Bakersfield amending
Section 17.58.020 of the Bakersfield Municipal Code relative to
Parking for Office/Warehouse Complexes, was adopted by the following
roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Payne,
Ratty, Rockoff
Noes: None
Absent: None
Bakersfield, California, March 2, 1983 - Page 14
Adoption of Ordinance No. 2820 New
Series of the Council of the City of
Bakersfield amending Section 17.64.060
of the Bakersfield Municipal Code by
amending Subsection B. and adding
Subsection C. relative to Waiver of
Hearings (Conditional Use Permits and
Modifications).
Upon a motion by Councilman Rockoff, Ordinance No. 2820
New Series of the Council of the City of Bakersfield amending
Section 17.64.060 of the Bakersfield Municipal Code by amending
Subsection B. and adding Subsection C. relative to Waiver of
Hearings (Conditional Use Permits and Modifications), was adopted
by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Payne,
Ratty, Rockoff
Noes: None
Absent: None
Deferral of action on an Ordinance
of the Council of the City of Bakers-
field amending Chapter 17.66 of the
Bakersfield Municipal Code by amending
Section 17.66.010 A. relative to
Conditional Use Permits.
Councilman Rockoff made a motion to adopt an Ordinance
of the Council of the City of Bakersfield amending Chapter 17.66
of the Bakersfield Municipal Code by amending Section 17.66.010 A.
relative to Conditional Use Permits.
Councilman Strong stated the Lakeview Avenue and Cotton-
wood Road area is being discussed at the present time with respect
to what is permissible if it is rezoned and there has been a lot
of controversy at those meetings as a result of the new zoning
proposal. It has been his argument that the Zoning Ordinance would
allow any use to take place in an R-1 and R-2 Zone, if the person
was able to convince the Board of Zoning Adjustment and City
Council. As a result of that he wou3d like an opportunity to review
this ordinance in more detail.
Councilman Strong offered a substitute motion that action
on the Ordinance amending Chapter 17.66 of the Bakersfield Municipal
3.q4
Bakersfield, California, March 2, 1983 - Page 15
Code by amending Section 17.66.010 A. relative to Conditional Use
Permits, be deferred until the Council Meeting of March 16, 1983.
This motion was unanimously approved.
Adoption of Ordinance No. 2821 New
Series of the Council of the City of
Bakersfield amending Title Seventeen
of the Land Use Zoning of those
certain properties in the City of
Bakersfield commonly known as 2600
through 2721 Manitou Way and 7300
through 7316 (even only) Hilton Head
Way.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject properties
from an R-2 (Limited Multiple Family Dwelling) Zone to an R-1 (One
Family Dwelling) Zone.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2821 New Series of the Council of the City of
Bakersfield amending Title Seventeen of the Land Use Zoning of tho;se
certain properties in the City of Bakersfield commonly known as
2600 through 2721Manitou Way and 7300 through 7316 (even only)
Hilton Head Way, finding said zoning consistent with the General
Plan, were adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Payne,
Ratty, Rockoff
Noes: None
Absent: None
Adoption of Ordinance No. 2822 New
Series of the Council of the City of
Bakersfield amending Title Seventeen
of the Bakersfield Municipal Code by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield located between Faith
Avenue and Fairview Road, 1,320 feet
west of South "H" Street.
The application for this amendment was made by Homestead
Land Development Corporation and would change subject properties
from an "A" (Agricultural) Zone to an R-1 (One Family Dwelling Zone.
Bakersfield, California, March 2, 1983 - Page 16
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2822 New Series of the Council of the City of
Bakersfield amending Title Seventeen of the Bakersfield Municipal
Code by changing the Land Use Zoning of those certain properties
in the City of Bakersfield located between Faith Avenue and Fair-
view Road, 1,320 feet west of South "H" Street, finding said zoning
consistent with the General Plan, were adopted by the following
roll call vote:
Ayes:
Noes:
Absent:
Councilmen Strong, Barton, Means, Payne, Ratty, Rockoff
None
Councilman Christensen
Adoption of Ordinance No. 2823 New
Series of the Council of the City of
Bakersfield amending Section 27.06.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of that
certain property in the City of
Bakersfield commonly known as 403
Real Road, and making findings in
connection with a P.U.D. Zone.
The application for this amendment was made by Grace
Potter and would change subject property from an R-1 (One Family
Dwelling) Zone to a P.U.D. (Planned Unit Development) Zone,
consisting of seven structures having a total of fifty-three
apartment units.
The Planning Commission recommended approval of this
amendment, subject to 16 additions to the plan.
Upon a motion by Councilman Means, Negative Declaration
and Ordinance No. 2823 New Series of the Council of the City of
Bakersfield amending Section 17.06.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of that certain property in the
City of Bakersfield commonly known as 403 Real Road, and making
findings in connection with a P.U.D. Zone, finding said zoning
Bakersfield, California, March 2, 1983 - Page 17
consistent with the General Plan, were adopted by the following
roll call vote:
Ayes: Councilmen Strong, Barton, Means, Payne, Ratty, Rockoff
Noes: None
Absent: Councilman Christensen
Adoption of Ordinance No. 2824 New
Series of the Council of the City of
Bakersfield amending Section 17.06.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield located at the southeast
corner of E1 Portal Drive and Ming
Avenue, and making findings in
connection with a P.U.D. Zone.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject properties
from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit
Development) Zone, consisting of 84 single family dwelling Units
and one recreation building.
The Planning Commission recommended approval of this
amendment, subject to 13 additions to the plan.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2824 New Series of the Council of the City of
Bakersfield amending Section 17.06.020 of Title 17 of the Munici-
pal Code changing the Land Use Zoning of those certain properties
in the City of Bakersfield located at the southeast corner of
E1 Portal Drive and Ming Avenue, and making findings in connection
with
Plan
Ayes
Noes
Absent:
a P.U.D. Zone, finding said zoning consistent with the General
were adopted by the following roll call vote:
Councilmen Strong, Barton, Christensen, Means, Payne,
Ratty, Rockoff
None
None
Bakersfield, California, March 2, 1983 - Page 18
3.q7
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Sections 1.16.040 A.,
1.16.050 C., 1.16.070, 1.16.080.
1.16.090, 1.16.240 A., 1.16.250 A.,
1.16.250 E., 1.16.260, 1.16.270 A.,
1.16.310, 1.16.330 A., 1.16.340 A.,
1.16.350 D., 1.16.360 and 1.16.370
of the Bakersfield Municipal Code
relative to Elections.
These amendment update the Bakersfield Municipal Code
to be consistent with the State Election Code relating to dates
for filing various documents for elections.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Sections 1.16.040 A.,
1.16.050 C., 1.16.070, 1.16.080, 1.16.090, 1.16.240 A., 1.16.250 A.,
1.16.250 E., 1.16.260, 1.16.270 A., 1.16.310, 1.16.330 A., 1.16.340
A., 1.16.350 D., 1.16.360, and 1.~6.370 of the Bakersfield Munici-
pal Code relative to Elections.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 15.64.180 of the
Bakersfield Municipal Code relative
to Supervision in Dispensing Class I
Liquids.
This ordinance reinstates a section inadvertently omitted
from Chapter 15.64 in the process of adopting the 1979 Fire Code
and adds provision specifically exempting membership and account-
only service stations from attendant requirements.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 15.64.180 of
the Bakersfield Municipal Code relative to Supervision in Dispensing
Class I Liquids.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 16.32.070 D. of the
Bakersfield Municipal Code relative
to Fees for construction of Planned
Drainage and Sanitary Sewer Facilities
pursuant to adopted plans, and adding
reference to plans adopted for Pierce
Road - Oak Street Planned Sanitary
Sewer Area.
Bakersfield, California, March 2, 1983 - Page 19
This ordinance amends Section 16.32.070 D. of the
Municipal Code to specify that the requirement that subdividers
pay a fee for the construotion of planned sewer facilities applies,
pursuant to the plans for the Pierce Road - Oak Street Sanitary
Sewer Area.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 16.32.070 D.
of the Bakersfield Municipal Code relative to Fees for constructioa
of Planned Drainage and Sanitary Sewer Facilities pursuant to
adopted plans, and adding reference to plans adopted for Pierce
Road - Oak Street Planned Sanitary Sewer Area.
First reading of an Ordinance of the
Counci~ of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code by changing
the Land Use Zoning of those certain
properties in the City of Bakersfield
located on the south side of Pacheco
Road, east of Akers Road.
The application for this amendment was made by Colbek
Development Corporation and would change subject property from an
R-2-D (Limited Multiple Family Dwelling - Architectural Design)
Zone to an R-1 (One Family Dwelling) Zone.
The Planning Commission recommended approval of this
amendment.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Title Seventeen of the
Bakersfield Municipal Code by changing the Land Use Zoning of those
certain properties in the City of Bakersfield located on the south
side of Pacheco Road, east of Akers Road.
Adoption of Resolution No. 38-83 of
the Council of the City of Bakers-
field ordering the acceptance of
offer of dedication of Road Easement
adjacent to State Route 184 south of
State Route VI-KER-178 all within
Section 20, Township 29 South, Range
29 East, in the City of Bakersfield.
At the location where State Highway 184 traverses the
southerly boundary of the Mesa Marin Raceway property, the County
Bakersfield, California, March 2, 1983 - Page 20
of Kern obtained an irrevocable offer of dedication of 15-foot
easements on each side of the State Route for an ultimate l10-foot
right-of-way as shown on Parcel Map No. 2465.
The State is now in a position to accept control and
title to that portion of the offer of dedication adjacent to Parcel
2 of Parcel Map No. 2465. The City must accept this dedication
before it can be quitclaimed to the State.
Upon a motion by Councilman Rockoff, Resolution No. 38-83
of the Council of the City of Bakersfield ordering the acceptance
of offer of dedication of Road Easement adjacent to State Route
184 south of State Route VI-KER-178 all within Section 20, Township
29 South, Range 29 East, in the City of Bakersfield was adopted by
the following roll call vote:
Ayes: Councilmen Strong, Barton,
Ratty, Rockoff
Noes: None
Absent: None
Christensen, Means, Payne,
Approval of Quitclaim Deed from the
City of Bakersfield to State of
California, Department of Transpor-
tation providing transfer of road
right-of-way, accepted by the City,
to the State of California for highway
purposes.
Upon a motion by Councilman Rockoff, Quitclaim Deed from
the City of Bakersfield to State of California, Department of
Transportation, providing transfer of road right-of-way, accepted
by the City, to the State of California for highway purposes, was
approved and the Mayor was authorized to execute same.
Adoption of Resolution No. 39-83 of
the Council of the City of Bakers-
field fixing the dates of meetings
of the Council during the months of
April, May, June, July, August and
September, 1983.
Upon a motion by Councilman Christensen, Resolution No.
39-83 of the Council of the City of Bakersfield fixing the dates
of meetings of the Council during the months of April, May, June,
Bakersfield, California, March 2, 1983 - Page 21
July, August
roll call vote:
Ayes: Councilmen Strong, Barton,
Ratty, Rockoff
Noes: None
Absent: None
and September, 1983, was adopted by the following
Christensen, Means, Payne,
Adoption of Resolution No. 40-83 of
the Council of the City of Bakers-
field designating the Urban Boundary,
classifying certain roads by
functional usage, and adopting the
Federal-Aid Urban System.
The Federal Highway Act requires that the City of Bakers.-
field establish an urbanized boundary limit for expenditure of
Federal-Aid Urban System from roads classified by functional usage.
This resolution provides £or approval of the revised
Urbanized Area Boundaries, for classification of roads by functional
usage and for designation of collectors and higher as Federal-Aid
Routes.
Upon a motion by Councilman Payne, Resolution No. 40-83
o~ the Council of the City of Bakers£ield designated the Urban
Boundary, classifying certain roads by functional usage, and
adopting the Federal-Aid Urban System, was adopted by the following
roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Payne,
Ratty, Rockoff
Noes: None
Absent: None
Approval of Buena Vista and James
Canal Relocation Agreement and Addendum
between the City of Bakersfield, North
Kern Water Storage District, Kern Delta
Water District, Tenneco-West, Inc., and
Tenneco Realty Development Corporation
for realignment of Buena Vista and
James Canal in the area west of
Cali£ornia State College and provide
more efficient development of the land.
The project would result in substantial savings to the
City as a result of reduced costs for the operation, maintenance,
property taxes and water transportation losses associated with the
present canal system
Bakersfield, California, March 2, 1983 - Page 22
84l
This relocation agreement and addendum were recommended
for approval by the Water Board on February 16, 1983.
Upon a motion by Councilman Barton, Buena Vista and
James Canal Relocation Agreement and Addendum between the City of
Bakersfield, North Kern Water Storage District, Kern Delta Water
District, Tenneco-West, Inc., and Tenneco Realty Development
Corporation for realignment of Buena Vista and James Canals in the
area west of California State College and provide more efficient
development of the land, were approved and the Mayor was authorized
to execute same.
Approval of Request of Golden Empire
Transit District to cancel Lease
Agreement No. 76-38 between Golden
Empire Transit and the City of
Bakersfield.
Golden Empire Transit District (G.E.T.) no longer has
use for the land leased directly under the Oak Street Overpass.
The Lease Agreement does not contain a provision allowing G.E.T.t.3
cancel, therefore, Council action is required for cancellation.
Upon a motion by Councilman Ratty, Request of Golden
Empire Transit District to cancel Lease Agreement No. 76-38 between
Golden Empire Transit District and the City of Bakersfield, was
approved.
Approval of request to increase
Police Department's Imprest Fund in
the amount of $1,000.
In light of the recent increase in personnel for the
Administrative Vice Division and cost of narcotic purchases, staff
is requesting the Council authorize a $1,000 increase in the Police
Department's Imprest Fund.
Upon a motion by Councilman Payne, request to increase
Department's Imprest Fund in the amount of $1,000, was
the Police
approved.
Approval of Increase of City's Ashe
Water Service Area Water Rates by
10%, effective April l, 1983.
842
Bakersfield, California, March 2, 1983 - Page 23
On April 21, 1982, Council set water rates for the Ashe
Water Service Area by Resolution No. 36-82. The resolution
scheduled a 10% increase for July l, 1982. In July, 1982, Council
deferred the increase for 90 days, and again deferred for an
additional 90 days on October 27, 1982. Further deferral was
allowed to April, 1983. This increase is recommended by the Water
Board to become effective April 1, 1983.
Upon a motion by Councilman Payne, Increase of City's
Ashe Water Service Area Water Rates by 10%, effective April l,
1983,
Ayes:
Noes:
was approved by the following roll call vote:
Councilmen Strong, Barton, Christensen, Payne,
Rockoff
Councilman Means
Absent: None
Ratty,
Approval of Lease Agreement between
the City of Bakersfield and County
of Kern for lease of parking
facility located at 1611 "S" Street.
Under the terms of the agreement the City will lease to
the County of Kern a parking facility located at 1611 "S" Street
to be used for storage and off-street parking for County vehicles
and equipment. The agreement is for a three-year period with an
option to renew for additional three years. The rent is $650 per
month for the first year and will be increased in accordance with
the Los Angeles-Long Beach-Anaheim Consumer Price Index on a yearly
basis, not to exceed 10% in any one year.
Upon a motion by Councilman Rockoff, Lease Agreement
between the City of Bakersfield and County of Kern for lease of a
parking facility located at 1611 "S" Street, was approved and the
Mayor was authorized to execute same.
Approval of Amendment No. 3 to Agree-
ment No. 80-85 between the City of
Bakersfield and John Carollo Engineers
and Quad Consultants, Inc., providing
the terms and conditions for preparation
of an EIR for an additional wastewater
disposal alternative for expansion of
Wastewater Treatment Plant No. 3.
Bakersfield, Cali£ornia, March 2, 1983 - Page 24
The City requested an EIR on four disposal alternatives,
and during the EIR hearing process it became evident that an
additional alternative should be considered. The location of this
alternative disposal is adjacent to I-5, and 1 mile south of Taft
Highway (S.R. 119). The maximum cost for preparing and processing
the EIR is $8,540. Sufficient funds are available in the Sewer
Enterprise Fund.
Upon a motion by Councilman Barton, Amendment No. 3 to
Agreement No. 80-85 between the City of Bakersfield and John Carollo
Engineers and Quad Consultants, Inc., providing the terms and
conditions for preparation of an EIR for an additional wastewater
disposal alternative for expansion of Wastewater Treatment Plant
No. 3, was approved and the Mayor was authorized to execute same.
Approval of Contract Change Order No.
i to Contract No. 81-52 with P. R.
Field, Inc., for City of Bakersfield
Wastewater Treatment Plant No. 3,
1981 Interim Improvements.
This change provides for applying "ZEEBRON" to all walls
within the influent discharge channel area. The Coal Tar Epoxy
originally proposed in the contract specifications was not suitable
for use at this location in the project. The amount of the change
is $5,090. Sufficient funds are available in the Sewer Enterprise
Account for this work.
Upon a motion by Councilman Barton,
No. 1 to Contract No. 81-52 with P. R. Field,
Bakersfield Wastewater Treatment Plant No. 3,
ments,
conflict
matter.
was approved.
Councilman
of interest
Contract Change Order
Inc., for City of
1981 Interim Improve--
the issuance by the City of Bakersfield of Revenue Bonds
This is the time set for public hearing for considering
in an
HEARINGS
Ratty stated due to a real or imaginary
he would not participate in the following
844
Bakersfield, California, March 2, 1983 - Page 25
amount
financing of the acquisition and renovation of
ment Store by Kress Building Associates.
This hearing was duly advertised.
not to exceed $2,000,000, for the purpose of assisting the
the Kress Depart-
ATTEST:
PHILIP KELMAR
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
ma
Resolution No. 34-82 approved April 15, 1982, by the
City Council provides for the issuance of Economic Development
Bonds for the rehabilitation of the Kress Building. This resolution
authorizes the issuance, sale and delivery of City of Bakersfield
deposit with lender revenue bonds to finance the acquisition and
renovation of the Kress Department Store by Kress Building Associates.
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 pub2ic portion of the hearing was
closed for Council deliberation and action.
Upon a motion by Councilman Strong, Resolution No. 41-83
authorizing the issuance, sale and delivery of City of Bakersfield
Deposit with Lender Revenue Bonds to finance the acquisition and
renovation of the Kress Department Store by Kress Building
Associates, was adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Payne,
Rockoff
Noes: None
Absent: None
Abstaining: Councilman Ratty
CLOSED SESSION
Upon a motion by Councilman Barton, the Council recessed
to a Closed Session at 10:00 P.M. to discuss Litigation. The regular
meeting was reconvened at 10:20 P.M.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 10:20 P.M. /
MAYOR of~e City of Bakersfield, Calif.
Bakersfield, California, March 9, 1983
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., March 9, 1983.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Father Craig O'Neill
of St. Philip's Apostle Catholic Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Barton, Christensen, Means,
Payne, Ratty, Rockoff, Strong
Absent: None
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
Warner Amex Cable Communications, Inc., dated February 25, 1983,
forwarding a copy of their letter to customers who subscribe to
their recently introduced Satellite Entertainment Package, which
includes carriage of WTBS on Cable Channel 17, was received and
ordered placed on file.
Upon a motion by Councilman Christensen, communication
from Southern San Joaquin Valley Brittany Club, Inc., dated March
4, 1983, requesting the use of City owned property located along
the Kern River approximately 1½ miles south of Stockdale Highway
and 2 miles north of Panama Lane, for holding a Bird Dog Field
Trial on March ~9 and 20, 1983, was received and referred to the
Water Resources Department.
Upon a motion by Councilman Rockoff, communication from
Frederick G. Morgan, 7000 Palmetto Court, dated March 4, 1983,
regarding a complaint against Warner Amex Cable Television, was
received and referred to staff.
Upon a motion by Councilman Christensen, communication
from Mr.
March 7,
if they are annexed into the City
referred to staff.
& Mrs. Harlan Van Alstyne, 613 Pebble Beach Drive, dated
1983, requesting information on the savings they will make
of Bakersfield, was received and
846
Bakersfield, California, March 9, 1983 - Page 2
COUNCIL STATEMENTS
Councilman Ratty stated the Legislative Bulletin con-
tained an article regarding AB-187 (Young), regarding compulsory
and binding arbitration for Police and Fire Departments and he
feels, very strongly, that the Council should oppose this legis-
lation. If AB-187 is approved the City will not have any recourse
or bargaining position.
Councilman Ratty made a motion that the Council go on
record in opposition to AB-187.
Councilman Barton offered a substitute motion that AB-187
be referred to the Legislative Committee and staff furnish each
Councilman and the Mayor with a copy of the bill. This motion was
unanimously approved.
REPORTS
City Attorney Oberholzer reported on the Landfill, as
follows:
The City entered into an agreement with Cambrian
Energy Systems to provide a gas monitoring,
collection and conversion system at the Landfill
site. The County, who originally was going to be
a party to that agreement and decided against it,
was going to authorize or issue a permit allowing
the City to go onto the property while they
operated the Landfill. It was the City's
position to cooperate, in every way possible,
with the County to assure that the City would
not interfere with the Landfill operation, and,
at the same time, provide the County with a gas
monitoring and perimeter collection system as
mandated by the State agency who was concerned
with the potential hazard to residents around
the Landfill site. The County sent the City
what they entitled a permit. Before they will
allow the City or its' contractors on their
property, they are requiring the City, among
other things, to completely and totally
indemnify the County for any action of Landfill
gas, whether it occurred in the past, present
or future. Pursuant to the agreement the City
entered into with the County of Kern in 1974,
allowing them to use the City's property, at
no charge, it was agreed that each party would
be responsible for its' own liabilities as a
result of the work they did on that property.
That means the County picks up its' own liability
for anything that might occur as a result of
its' Landfill operation. However, the County
now says that they do not want to be liable for
any gas migration that might have taken place
up to this time.
Bakersfield, California, March 9, 1983 - Page 3
347
It is the opinion of the City Attorney's Office
that that is an unwarranted refusal to allow
the City on the Landfill property to try and
assist the County in alleviating the hazard,
and the City has a few alternatives that must
now be considered.
In a discussion, this afternoon, with Mr. Jordan
of the County Counsel's Office, he first felt
it was the position of the County that they
were merely seeking to have the actions of
Cambrian indemnified; that is, if Cambrian
performed some work on the Landfill property
that created some kind of damage or hazard
that the City would indemnify the County. The
City has always agreed to that and felt it would
be appropriate. As a matter of fact, it was
recommended that the City indemnify the County,
both for the City's and Cambrian's actions for
any work that the City or Cambrian does on that
property, even though the City is putting in a
monitoring and perimeter collection system for
the benefit of the County. However, after that
agreement was reached the County Counsel decided
he would not accept that, because of the fact
he believes the City owns all the gas on that
property. Mr. Jordan felt that it is only
appropriate that the City indemnify the County
for all the County operations affecting Land-
fill gas, in the past, on that land, even though
the County, in operating the Landfill, has never
taken any action to try to alleviate the hazard
they were notified of over a year ago. At that
point the County Counsel's Office notified the
City Attorney they they were going to recommend,
to the Board of Supervisors, that the County
vacate the property within the next two weeks;
leave the hazard and walk away from it.
City Attorney Oberholzer stated, in his opinion,
that is a breach of the agreement the City has
with the County and he is not sure the State
will allow them to walk away from a hazard like
that, after creating it and not taking action to
alleviate it.
The staff has done everything possible to try
and work with and assist the County on this
matter. It is now at a stage where some
decision will have to be made. The decision
that has to be made is whether to go on the
property without the County's permission. At
this stage, since they are threatening to walk
off the property, the Council should hold back
on that decision or merely wait until September,
when they are leaving the property, as per their
notice to the City. In the meantime, the County
will have total responsibility for any hazards
on the property, because they will not permit
the City to go on the property. The only way
they will permit the City to go on the property
is, if the City gives up some right that was
previously negotiated with the County.
348
Bakersfield, California, March 9, 1983 - Page 4
City Attorney Oberholzer stated his intention,
at this point, is to continue to try and resolve
this matter. It is his understanding the
County Counsel has made up his mind to recom-
mend to the Board of Supervisors, as soon as
possible, that they vacate that property within
two weeks. If the County vacates that property
it is assumed that the Council would want the
City Attorney's Office to proceed with whatever
legal action would be appropriate.
Councilman Barton asked if the City Attorney felt this
is strictly County Counsel Jordan's opinion or has the Board of
Supervisors taken a position on this matter.
City Attorney Oberholzer stated the proposed permit from
the County, allowing the City to go on the property to put in the
monitoring and perimeter collection system, contained a cover
letter indicating they would not change the provisions with respect
to the total indemnification that the City has to provide the
County. That is all the information he has and he has not attended
a meeting of the Board of Supervisors on this issue. If the Board
of Supervisors are not aware ot it, perhaps, someone from the City
should present the City's position on this issue, because it will
place the residents of that area in a hazardous position if they
suddenly walk off the property in two weeks and it sits there while
litigation is going for the next five years over what should be
done.
Councilman Strong stated the City and County Intergovern-
mental Relations Committee met yesterday and this issue was dis-
cussed. It was his impression that the problems the City and
County has regarding the Landfill were being addressed. After the
meeting their staff indicated that they would continue, on an on-
going basis, to solve and address the problems this recovery process;
involves. Since County Counsel Jordan was at that meeting he
believes Mr. Reed, of that office, is not as familiar as he could
be with what the City and County staffs have been proposing.
Councilman Means stated he also feels that, perhaps, the
County staff is not communicating with the Board of Supervisors.
Bakersfield, California, March 9, 1983 - Page 5
349
It is hard to believe that any Supervisor, much less the Supervisor
representing that area, would be so inflexible or uncooperative as
to jeopardize the people living in that area. The only way this
will be resolved is if the Intergovernmental Relations Committee
meets with the Board of Supervisors and comes back to the Council
with a recommendation no later than March 30, 1983, and sooner, if
possible. There should be a meeting with the Council, Board of
Supervisors, County Counsel and City Attorney, including the news
media so the public will be aware of what is going on.
Councilman Means made a motion to refer the matter of the
County vacating the Landfill within the next two weeks, if the City
does not indemnify the County for past, present or future actions
at the Landfill, to the Intergovernmental Relations Committee with
a recommendation that a report be made to the Council no later than
March 30, 1983, and the meeting be open to the news media in an
attempt to improve the communications between the County and City.
Councilman Rockoff stated he represents this area and
feels March 30th is too late, because there is a serious hazard to
the residents of that area.
Councilman Rockoff offered a substitute motion that the
matter of the Landfill be referred to the Intergovernmental
Relations Committee and an answer be brought back to the Council
by the meeting of March 16, 1983, at which time, if the matter is
not resolved, the Council will take whatever action necessary to
protect the residents of that area.
Councilman Means indicated
that March 16, 1983, be the deadline
Council.
he would amend his motion
for an answer back to the
Councilman Strong stated, as Chairman of the
mental Relations Committee, they are willing to meet at
except March 15th,
situation.
Intergovern-
anytime,
because they understand the gravity of the
Bakersfield, California, March 9, 1983 - Page 6
Councilman Barton suggested, since this issue is very
important to Councilman Rockoff's Ward and Supervisor Larwood's
District, that the entire Council meet with the Board of Super-
visors to discuss and negotiate this matter.
Councilmen Christensen and Strong indicated they have
no objection to meeting with the Board of Supervisors, but due to
the legal nature of this situation, the City and County staff should
continue to meet and try to resolve the issues.
Councilman Means stated he feels the staff needs to be
involved, but the policy makers are going to have to make the
decisions and he feels everyone should be present at the meeting.
In response to a request by Councilman Rockoff, Council-
man Means restated his motion that a date be set for a meeting of
the entire Council with the Board of Supervisors, no later than
March 16th, by which time the Council will make a decision on what
is going to happen with the Landfill; and prior to that time the
staff is encouraged to do everything possible to arrive at a
solution, including the Intergovernmental Relations Committee
meeting before the Council as a whole meets.
Councilman Rockoff stated, based on Councilman Means'
restated motion, he would withdraw his substitute motion. Council-
man Rockoff stated he wants to make sure that at the Council Meeting
o£ March 16th, the Council knows in which direction to proceed.
Councilman Christensen offered a substitute motion that
the meeting with the Board of Supervisors not be called until the
Attorneys have reached an impasse and then a meeting be called.
Councilman Strong stated the Council does not have the
power to unilaterally set a date for a joint meeting with the Board
o£ Supervisors. It should be stated that the Council will meet
with them at their earliest convenience.
Councilman Rockoff stated if the Board of Supervisors
cannot meet by March 16th, the Council is going to have to uni-
laterally make the decisions, because it is the City residents
Bakersfield, California, March 9, 1983 - Page 7
that are in jeopardy. If the Board of Supervisors do not believe
this is an urgent matter to be given immediate attention, then the
people who live there, who are also their constituents, should
know about it.
Councilman Barton stated he hates to hear comments, by
County staff, that they are threatening to walk out in two weeks,
because he has had indications by the County elected officials that
they want to cooperate. The Council would not be threatened by th,e
City staff. He would like to see some kind of mechanism put to-
gether where the City and County elected officials meet, receive
their staff's input and then make a decision. Councilman Barton
stated he does not want to see the City get into litigation or any
kind of position where the Council is at odds with the Board of
Supervisors.
Councilman Christensen's substitute motion that the
meeting with the Board of Supervisors not be called until the
Attorneys have reached an impasse and then a meeting be called,
failed to carry by the following roll call vote:
Ayes Councilmen Christensen, Strong
Noes Councilmen Barton, Means, Payne, Ratty, Rockoff
Absent: None
Councilman Means' motion that the Council plan to have a
meeting with the Board of Supervisors, at their convenience, but
before March 16th, to deal with the Landfill issue and staff be
directed to do everything possible before that meeting in an attempt
to resolve the problem, even if it means bringing in members of the
Intergovernmental Relations Committee, was unanimously approved.
HEARINGS
This is the time set for public hearing before the
Council for a formal presentation by the Bakersfield Beautification
Committee regarding adoption of the City Flag, Colors, Flower and
Bird.
Bakersfield, California, March 9, 1983 - Page 8
This hearing was set by the Council as per recommendation
contained in Budget Review and Finance Committee Report No. 5-83,
approved at the Council Meeting of
Mayor Shell declared the
pation.
mittee,
February 2, 1983.
hearing open for public partici-
Mrs. Bettie Wells, Chairman of the Beauti£ication Com-
stated at the Council Meeting of June 23, 1982, they
presented a proposal to the Council
Flower, Bird and Colors, and then introduced Mr.
who will make the formal presentation.
~r. Graham Kaye-Eddy presented slides
for adoption of a City Flag,
Graham Kaye-Eddy
showing the Com-
mittee's recommendations for the City Flag, Flower, Bird and Colors,
as follows:
Flower - Miss Bakersfield Camellia (developed
by a local breeder).
Bird Western Robin (indigenous to this
area).
Flags (2) - 1. Blue background with gold border,
fine white edge and City Seal in
the center set off with white
edge.
2. White background with gold border
and City Seal in center set off
with blue border.
Colors - Blue and Gold.
Mrs. Patricia Tognini, President of the Women's Club of
Bakersfield, speaking in opposition to the Miss Bakersfield Camellia,
requested that the Mammon Crochet Rose, which was adopted in 1920,
be retained as the City Flower. This Rose was presented to the
White House in 1970 and is planted in the Rose Garden.
No one else in the audience indicated a wish to speak,
and Mayor Shell closed the public portion of the hearing for Council
deliberation and action.
Mayor Shell introduced Mr. Ted Alfter the breeder of the
Miss Bakersfield Camellia.
Bakersfield, California, March 9, 1983 - Page 9
Councilman Means made a motion that the Council adopt
the Flag with the blue background with the gold border, fine white
edge and City Seal in the center set off with a white edge as the
City Flag. This motion failed to carry by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmen Means, Payne
Councilmen Barton, Christensen,
None
Ratty, Rockoff, Strong
Adoption of Resolution No. 42-83 of
the Council o£ the City of Bakers-
field declaring the City Flag, Flower,
Bird and Colors.
Upon a motion by Councilman Rockoff, Resolution No. 42-83
of the Council of the City of Bakersfield declaring the City Flag
(white background with gold border and City Seal in the center set
off with a blue border), Flower (Miss Bakersfield Camellia), Bird
(Western Robin), and Colors
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Barton,
Rockoff,
designed
(Blue and Gold), was adopted by the
None
None
Mr.
Christensen, Means, Payne, Ratty,
Strong
Graham Kaye-Eddy introduced Mr. Rick Alton who
the flags and did all the art work for the Committee.
This is the time set for public hearing before the Council1
for hearing protests by persons owning real property or any
registered voter residing within territory designated as "Kern City
No. 2," proposed to be annexed to the City of Bakersfield.
This hearing was duly advertised, posted and the property
owners, all affected City, County and District and LAFCO Executive
Director were notified as required by law.
This is an inhabited annexation containing 262.70 acres
of land, located south of Stockdale Highway and west of New Stine
Road.
854
Bakersfield, California, March 9, 1983 - Page 10
pation.
portion
action.
Mayor Shell declared the hearing open for public partici-
No protests or objections being received, the public
of the hearing was closed for Council deliberation and
Upon a motion by Councilman Means, Resolution No. 43-83
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. 795, Annexation No. 284 (Kern City
No. 2), annexed to the City of Bakersfield, was adopted by the
following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff, Strong
None
Noes;
Absent: None
This
is the time set for public hearing before the
Council on an Appeal by Martha Patton to the decision of the Board
of Zoning Adjustment denying an application for a Conditional Use
Permit to allow 24-hour care for six or less mentally handicapped
persons in an R-3 (Limited Multiple Family Dwelling) Zone, on that
certain property located at 1030 Bank Street.
This hearing was duly advertised and the property owners
notified as required by law.
Mayor Shell declared the hearing open
pation.
for public partici--
Martha Patton, 1030 Bank Street, stated the Conditional
Use Permit was denied by the Board of Zoning Adjustment because
the neighbors objected and she went back and secured signatures
of people who support her application. Mrs. Patton requested that
the Council grant her the permit to operate the 24-hour care home
for six or less mentally handicapped persons.
In answer to a question by Councilman Means, Planning
Director Sceales stated the Board of Zoning Adjustment denied the
Conditional Use Permit because several property owners in the
Bakersfield, California, March 9, 1983 - Page ll
immediate area objected and there is already a home of that type
in the area.
Mrs. Muriel Parker, 1000 Bank Street, stated their main
objection is that there is already a board and care home within
50 feet of the Patton residence.
No further protests or objections being received and no
one else wishing to speak in £avor, Mayor Shell closed the public
portion of the hearing for Council deliberation and action.
Councilman Strong stated he visited a number of homes in
the area of the Patton residence and they are very much against
the home. There are several homes in the area licensed for similar
uses and they are afraid their neighborhood will become impacted
with homes of this type.
Upon a motion by Councilman Strong, Zoning Resolution No.
298 of the Council of the City of Bakersfield denying appeal of
Martha Patton from the Board of Zoning Adjustment decision denying
a Conditional Use Permit to allow a 24-hour care home facility for
six mentally handicapped persons on that certain property commonly
known as 1030 Bank Street,
vote:
Ayes:
Councilmen Barton,
Rockoff,
Noes: None
Absent: None
This is the time
an Appeal by Larry Chapman,
was adopted by the following roll call
Christensen, Means, Payne, Ratty,
Strong
set for hearing before the Council on
General Manager of the Bakersfield
Branch of Mutual of Omaha Insurance Company, to the approval of
the Planning Commission of a Special Sign Permit for property
located at 5055 California Avenue, subject to the condition that
the sign be constructed of the same building materials as the two
existing signs on that site.
On February 17, 1983, the Planning Commission approved
the Special Sign Permit with the condition that it be constructed
356
Bakersfield, California, March 9, 1983 - Page
of the same building materials
site.
pation.
as the two existing signs on the
Existing signs:
Concrete base, redwood stand
and box with internally
illuminated plex lettering.
Proposed sign:
Non-i~luminated sand blasted
redwood (relief lettering)
with painted letters and logo.
Mayor Shell declared the hearing open for public partici-
Mr. Larry Chapman presented the Council with pictures of
the sign and stated it will be located on the Mohawk Street side of
the building, which is not in line with the two signs in the front.
When driving by the building there is no way a person can tell that
this sign is not illuminated and it is done in very good taste.
There is another insurance company's sign on California Avenue
constructed of the same material. The coloring is the same as the
other two signs on California Avenue side of the building. Mr.
Chapman requested that the Council grant the Special Sign Permit
without the condition that it be constructed of the same building
materials as the two existing signs on that site.
In answer to a question by Councilman Means, Planning
Director Sceales stated the Planning Commission felt the sign
should be as near identical to the signs already on the property
as possible.
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 Means, request of Larry
Chapman, General Manager of the Bakersfield Branch of Mutual of
Omaha Insurance Company, for a Special Sign Permit for property
located at 5055 California Avenue without the condition that the
sign be constructed of the same building materials as the two
existing signs on that site, was approved by the following roll
Bakersfield, California, March 9, 1983 - Page 13
357
call vote:
Ayes: Councilmen Barton, Christensen,
Rockoff, Strong
Means, Payne, Ratty,
Noes: None
Absent: None
This is the time set for public hearing before the
Council for hearing protests by persons owning real property
within territory designated as "Rio Bravo No. 2," proposed to be
annexed to the City of Bakersfield.
This hearing was duly advertised, posted and the property
owner, all affected City, County or Districts and LAFCO Executive
Director were notified as required by law.
This is an uninhabited annexation containing 53.05 acres
of land and is part of the Rio Bravo Golf Course Development.
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Rockoff, Resolution No. 44-83
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. 792, Annexation No. 285 (Rio Bravo
No. 2), annexed to the City of Bakersfield, was adopted by the
following roll ca~l vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff, Strong,
Noes: None
Absent: None
This is the time set for public hearing on Resolution of
Intention No. 970 of the Council of the City of Bakersfield de-
claring its intention to order the vacation of a portion of 14th
Street lying between Eye Street and Chester Avenue in the City of
Bakersfield.
Bakersfield, California, March 9, 1983 - Page 14
This hearing was duly advertised and posted.
The request for the street vacation was made by the
Planning Commission upon recommendation of the Public Works Depart-
ment.
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 Strong, Resolution No. 45-83
of the Council of the City of Bakersfield ordering the vacation of
a portion of 14th Street lying between Eye Street and Chester Avenue
in the City of Bakersfield, was adopted by the following roll call
vote:
Ayes:
Noes:
Absent:
Council,
adjourned at
Councilmen Barton, Christensen,
Rockoff, Strong
None
None
ADJOURNMENT
There being no further business to
upon a motion by Councilman
8:45 P.M.
Means, Payne, Ratty,
come before the
Christensen, the meeting was
MAYOR oythe Cl~y of Bakersfield,
ATTEST:
CITY CLER~x ffi~l~of the Council
of the City of Bakersfield, California
ma
Calif.
Bakersfield, California, March 16, 1983 - Page 3
3f;l
Upon a motion by Councilman Rockoff, staff was authorized
to proceed with modifying the restroom facilities and conduct an
engineering study, with input from handicapped persons, on accessi-
bility to the Civic Auditorium and report back to the Council
within 60 days.
Mr. Sam Younghans, 130 East 18th Street, stated they
would like to bring entertainment into Bakersfield, however, with
the restrictions contained in Emergency Ordinance No. 2814 relative
to conduct at dances it is very difficult. Mr. Younghans requested
that this matter be ~tudied more thoroughly.
Police Chief Price stated the only place in Kern County
Mr. Younghans can do what he wants is at the Kern County Fair-
grounds. The City is more lenient than the County of Kern with
their restrictions, with the exception of the Fairgrounds. Chief
Price stated he hopes the Council does not change their position
in regards to the restrictions contained in the Emergency Ordinance.
Upon a motion by Councilman Ratty, request of Mr. Sam
Younghans that the restrictions contained in Emergency Ordinance
No. 2814 relative to conduct at dances be studied more thoroughly,
was referred to the Business Development and Parking Committee for
review and consideration.
Mr. Mark Dickerson, 5404 Krista Street, submitted a
letter expressing his concern that the by-products of Ordinance
No. 2805, pertaining to Fireworks, will create a lessening of
competition between the manufacturers of Fireworks and thus create
a lessening of competitive activity among the stand operators who
sell Fireworks. Due to the fact that Ordinance No. 2805 is now in
effect, he suggested that the period of filing be shortened from
March 15th to April 15th through May 15th, to give the Council time
to study the matter.
Upon a motion by Councilman Ratty, suggestions made by
Mr. Mark Dickerson regarding the Fireworks Ordinance, were referred
Bakersfield, California, March 16, 1983 - Page 4
to the Business Development and Parking Committee. Councilman
Strong abstained from voting on this matter.
CORRESPONDENCE
Upon a motion by Councilman Payne, communication from
Independent Valley Energy Company, dated February 25, 1983, re-
garding IVEC Pipeline Easements, Licenses and Permits, was received
and referred to the Public Works Department.
Upon a motion by Councilman Rockoff, communication from
Charmaine Glennon, 27004 Sea Vista, Malibu, California, dated
February 23, 1983, supporting a development proposed by Buck Owens
Production Company, Inc., at the Crescent Drive site, was received
and referred to the Planning Commission.
Upon a motion by Councilman Rockoff, communication from
John J. Fortenberry, 2323 Spruce Street, dated March ll, 1983,
opposing the renaming of 24th Street to Buck Owens Boulevard or
any other name change, was received and referred to the Planning
Commission.
Upon a motion by Councilman Ratty, communication from
Superior Farming Company, 3501 Stockdale Highway, dated March ll,
1983, requesting support of Assembly Bill 1440, pertaining to thir,~
party inspection of wine grapes, was received and referred to the
Legislative Committee.
COUNCIL STATEMENTS
Councilman Means stated he wanted to remind the Council
that the speaker at the Association of Cities Meeting next week
will be the Director of the State Department of Transportation and
he will be talking about the new 5% Gasoline Tax, of which 85%
will go back to the entities from where it generated. This per-
centage going back to the cities was increased and the State has
no intention of passing the additional increase. The speaker will
explain that issue and how the money will be spent.
Councilman Means asked who should set the first meeting
date for the Historic Preservation Commission.
Bakersfield, California, March 16, 1983
Minutes of a regular meeting o£ the Council of the City
o£ Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 P.M., March 16, 1983.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Reverend Larry
Chapman of the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Means, Payne, Ratty, Rockoff,
Strong
Absent: Councilmen Christensen, Barton
Minutes of the regular meeting of March 2, 1983, were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Stanley Newton, 248 Eye Street, representing the
Kern Chapter of the California Association of the Physically
Handicapped, Inc., outlined the history o£ surveys made regarding
accessibility of handicapped persons to the Civic Auditorium. He
stated 14.7% of Kern County's population has some type of physical
handicap and revenue and convention business is being lost because
the auditorium is not accessible to these people. They have been
told this matter is being held in abeyance until a decision is
reached on the construction of a hotel. The decision on that
hotel has gone on for a number of years and may go on indefinitely.
Mr. Newton requested that the arena area and restrooms in the
Civic Auditorium be made accessible to handicapped persons.
Mr. Martin Davis, involved with many organizations con-
cerned with disabled persons, stated he felt it is time to do
something in a positive manner about the accessibility to the Civic
Auditorium. Mr. David complimented City Manager Kelmar for his
enthusiasm and involvement in this matter.
City Manager Kelmar stated just after the time he became
City Manager a decision was made, at the staff level, to hold off
on these improvements until the hotel was completed. After inves-
tigating and evaluating the access to the restrooms and arena area
Bakersfield, California, March 16, 1983 - Page 2
of the Civic Auditorium, he found that there is absolutely no
reason the restrooms have not been modified, because they have no
bearing on the hotel. It is recommended that the Council approve
the restroom modifications and funds are available in the Community
Development Block Grant Program for the work. Due to certain
physical impairments the lift was not feasible. A ramp on the
east side of the Auditorium was modi£ied that allows handicapped
persons, with assistance, to get down to the arena area. The ramp
inside the Auditorium is feasible, however, it will eliminate access
to a storeroom. When the additional storeroom is constructed to the
present storeroom an additional door could be put in, which will
enable the ramp to be built. In May the developers of the hotel
must present their evidence of financing and, at that time, the
City will know whether or not the
The storage facility will have to
present storage area, on the block
hotel project will move forward.
be constructed first, because the
east of the Auditorium, will have
to be torn down. City Manager Kelmar suggested, if the handicappe,~
people will be a little more patient, and wait approximately 3
months to see if the hotel moves forward, it would be more efficient
to construct the ramp in connection with the construction of the
storeroom. If the hotel does not move forward staff will, as
rapidly as possible, design and construct the ramp inside the
Auditorium.
Mr. Larry Woodson, Program Supervisor for the State
Department of Rehabilitation, stated there has been a lot of pro-
gress in the last 4 or 5 years making the City accessible to the
handicapped; however, the Civic Center has been a failure that needs
to be addressed. Funds were allocated for this, but were diverted
for curb cuts and he felt that another delay is asking too much
for the disabled persons. Mr.
study for the ramp or lift at
block a door, be done as soon
Woodson requested an engineering
another location, that would not
as possible.
Bakersfield, California, March 16, 1983 - Page 5
City Attorney Oberholzer stated it would be appropriate
for the Council to set that date, because the Commission has no
one to call the first meeting and at that time the Historic
Preservation Commission can establish their procedures.
Upon a motion by Councilman Means, the first meeting of
the Historic Preservation Commission was set for 12:00 Noon,
Wednesday, March 30, 1983, in the Caucus Room.
Councilman Ratty asked if the Legislative Committee has
reached a decision on AB-197 regarding compulsory and binding
arbitration for Police and Fire Departments.
City Attorney Oberholzer stated copies of that bill have
been ordered and not received as yet.
Mayor Shell announced that she appointed Mr. Austin
Bryan, 1419 East 19th Street, to replace Mr. Alfred Leon, on the
California Avenue Park Neighborhood Facility Citizens Advisory
Committee.
REPORTS
Councilman Payne, member of the Business Development and
Parking Committee, read Report No. 4-83 regarding Proposed New C-3
(Central Business) Zone Regulations for Downtown and Approving
Authority for Developments in C-C (Civic Center) Zone and OS (Open
Space) Zone, as follows
On January 19 1983, the City Council received
a Planning Commission report and recommendation
concerning: (1) new C-3 (Central Business) Zone
regulations; (2) reduction of height limits in
C-l, C-2, M-1 and M-2 Zones; (3) clarification
of approving authority for building in the C-C
(Civic Center) Zone and making building heights
subject to Redevelopment Agency approval; (4)
requirement that in the OS (Open Space) Zone
the now unregulated heights, setbacks, lot areas,
and building separations be subject to approval
by the Site Plan Review Committee; and (5)
limitation of the City Council authority to
grant modifications for increased building
heights. The Planning Commission's report
recommended that the City Council adopt the new
C-3 Zone regulations, that it adopt an ordinance
clarifying the approving authority for building
in the C-C Zone and making building heights
Bakersfield, California, March 16, 1983 - Page 6
subject to Redevelopment Agency approval and
that the City Council adopt an ordinance which
would make heights, setbacks, lot areas and
building separations subject to approval by
the Site Plan Review Committee in the OS Zone.
The Planning Commission recommended against
reducing height limits in the C-l, C-2, M-1
and M-2 Zones ~nd recommended against the City
Council's limiting its authority to grant modi-
fications for increased building heights.
That report was referred to the Business
Development and Parking Committee for study
and recommendation. Since then, the Committee
has studied the issues relative to establishing
the new C-3 Zone regulations for downtown with
its unlimited height. The Committee is
continuing its study of the possible limitation
of height limits in C-l, C-2, M-1 and M-2 Zones
and the related limitation on Council authority
to grant modifications for increased height.
However, this report has been prepared with
respect to those oridinances recommended by
the Planning Commission for adoption.
The Committee's primary concern over the
adoption of the C-3 Zone was that it should be
consistent with the studies used in drafting
the proposed Redevelopment Element of the
General Plan. It was found that the ordinance
was proposed for application to a much larger
area (between "F", "Q", 23rd Streets and
Truxtun Avenue),than has been recommended in
the draft of the new Redevelopment Element.
It was concluded that by focusing the C-3
Zone on an area bounded by "N", "H", 20th
Streets and Truxtun Avenue, consistency would
be maintained between the proposed ordinance
and studies leading to the Redevelopment Element
of the General Plan. Those studies called for
a stepping down of heights from a central core
to heights more compatible with adjacent
neighborhoods around downtown. Upon completion
of the public hearings concerning the Redevelop-
ment Element of the General Plan, the C-3 Zone
may be further refined to better reflect its
policies. A draft ordinance adopting the C-3
Zone regulations, specifying its application
to the smaller area, is attached to this report.
The clarification of approving authority for
building in the C-C Zone was considered an
important related item by the Planning Com-
mission as a result of its review of height
limitations in downtown. The Commission recom-
mended adoption of an ordinance which would
provide that projects in the C-C Zone outside
the Redevelopment Agency would be approved by
the Planning Commission while those inside the
Redevelopment area would be approved by the
Redevelopment Agency. It further specified
Bakersfield, California, March 16, 1983 - Page 7
that the unlimited building height throughout
the zone would be subject to Redevelopment
Agency approval. This Committee concurs with
the recommendation of the Planning Commission
and the draft ordinance is attached to this
report. The Planning Commission also found
in its review that building heights, setbacks,
lot areas and building separations are now
unregulated in the Open Space Zone. The Com-
mission felt that at a minimum these matters
should be subject to approval by the Site Plan
Review Committee. This Committee concurs with
that recommendation and the draft ordinance
implementing it has been attached and made part
of this report.
This Committee recommends that the City Council
adopt the three draft ordinances scheduled for
first reading at this meeting and that the City
Council direct the Planning Commission to
commence proceedings which will consider the
rezoning of that area of downtown bounded by
20th, "N", "H" Streets and Truxtun Avenue to
the new C-3 Zone.
Upon a motion by Councilman Payne, Business Development
and Parking Committee Report No. 4-83 regarding Proposed New C-3
(Central Business) Zone Regulations for Downtown and Approving
Authority for Developments in C-C (Civic Center) Zone and OS (Open
Space) Zone, was accepted; and the Planning Commission was directed
to commence proceedings which will consider the rezoning of the
downtown area bounded by 20th, "N", "H" Streets and Truxtun Avenue
to the new C-3 Zone.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code by adding
Chapter 17.25 relative to and estab-
lishing C-3 (Central Business) Zone
Regulations.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Title Seventeen of the
Bakersfield Municipal Code by adding Chapter 17.25 relative to and
establishing C-3 Central Business) Zone Regulations.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.26.027 and adding
Section 17.26.070 of the Bakersfield
Municipal Code relative to Height
Limitations in the C-C (Civic Center)
Zone.
Bakersfield, California, March 16, 1983 - Page 8
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.26.027 and
adding Section 17.26.070 of the Bakersfield Municipal Code relative
to Height Limitations in the C-C (Civic Center) Zone.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.37.060 of the
Bakersfield Municipal Code relative
to Building Height Limitations, Front,
Side and Rear Yard, Minimum Lot Area
and Distance between Buildings in OS
(Open Space) Zones.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.37.060 of
the Bakersfield Municipal Code relative to Building Height Limi-
tations, Front, Side and Rear Yard, Mininum Lot Area and Distance
between Buildings in OS (Open Space) Zones.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 8-83 regarding New Construction
Proposals for Affordable Housing in Census Tract 22, as follows
A strategy for revitalizing Census Tract 22 was
prepared and presented to Council on November
17, 1982. The strategy addressed four areas;
Economic Development, Land Use and Zoning,
Housing and Neighborhood Commercial Development.
The Budget Review and Finance Committee has
met several times in regards to two new housing
construction proposals in the Lakeview Avenue
Area. The two proposals respond directly to
the strategy's goal to provide a mix of
housing opportunities within the community for
renters and owners.
The revitalization strategy for housing con-
tains provisions to acquire land in strategic
areas to promote new housing development,
demolition of substandard housing, targeting
of housing rehabilitation loans, and promoting
the development of replacement housing for
occupants of substandard housing units.
Mr. Freddie Thomas of T and T Construction sub-
mitted a proposal to construct one three bed-
room house, one three bedroom duplex, and one
two bedroom duplex. They are to be constructed
on three of the five lots that were purchased
under our Land Banking Program. He desires to
purchase the lots for $6,000 each and construct
the housing without further subsidy from the
City. The $6,000 sales price is equal to the
price the City paid for the lots.
Bakersfield, California, March 16, 1983 - Page 9
This proposal is consistent with the objectives
of our New Construction Incentives Program.
The construction will provide new affordable
rental housing and owner occupied housing. It
will also make the funds available for reuse
for the purchase of additional lots upon com-
pletion of his project.
Mr. Edward Meyers of Myking Construction In-
corporated submitted a proposal to construct
six fourplexes on property at the southeast
corner of Lakeview Avenue and Virginia Street.
He proposes to acquire the six lots that com-
prise the project and have the City pay for
demolition of the structures using Community
Development Block Grant Funds. He will be
responsible for relocation of the tenants in
the structures.
Additional assistance is requested in the
amount of $18,000 to defray offsite costs,
permit and inspection fees. The total requested
assistance will amount to $58,000 in Block Grant
Funds. The projected construction budget for
the developer is $846,216.
After careful consideration of both of these
proposals, the Budget Review and Finance
Committee is recommending Council approval of
Mr. Thomas' and Mr. Meyers' requests and
authorize the staff to prepare the necessary
agreements to be executed by the Mayor.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 8-83 regarding New Construction
Proposals for Affordable Housing in Census Tract 22, was accepted;
Mr. Thomas' and Mr. Meyers' requests, were approved; and staff was
directed to prepared the necessary agreements and the Mayor was
authorized to execute same.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 9-83 regarding Cable Television.
as follows:
In September, 1982, the City Council directed
certain complaints regarding cable television
to the Budget Review and Finance Committee for
study and recommendation.
After several meetings to review and discuss
cable television and any and all related pro-
blems, this Committee returned to City Council
on October 27, 1982, with recommendations we
felt would alleviate customer's complaints and
improve service provided by the cable companies.
Included among the recommendations was a recom-
mendation to establish a formal complaint
Bakersfield, California, March 16, 1983 - Page 10
procedure for response by the cable company.
The procedure included complaints being
channeled through the City Manager's Office,
thereby, having the City Manager's Office
monitor and log all complaints.
At a recent meeting of this Committee, we were
presented with a status report prepared for
the City Manager.
After reviewing the status report, we were
pleased to note the reduction in the number
of complaints and the satisfactory manner in
which they were being handled by the cable
companies. We have subsequently met with the
managers of the cable companies and have
conveyed to them our satisfaction in the
manner they have responded to the City Council's
requests and our desire that they would continue
to do so. It should be noted that the October
27, 1982, recommendation will continue on an
ongoing basis.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 9-83 regarding Cable Television, was
accepted.
Councilman Rockoff thanked the two Managers of the Cable
Companys for their cooperation.
City Attorney Oberholzer reported that last week the
City and County conducted negotiations regarding the permit to
allow the City to go on the Landfill property with respect to the
methane gas. Due to the interest and efforts of the Council,
Board of Supervisors and County Counsel's Office an agreement has
been reached on a permit that will allow the City and its' con-
tractor to go on the Landfill property and begin drilling gas
monitoring holes and perimeter gas collection system. It is
recommended that the Council authorize the Mayor to accept the
terms of the permit and sign it after it is approved by the City
Attorney's Office.
Basically, the permit provides that the City and its'
contractor can go on the Landfill site while the County continues
to operate the Landfill. The City will indemnify the County for
any action that causes some kind of damage that either the City or
its' contractor may do on the property during that period of time.
Bakersfield, California, March 16, 1983 - Page ll
The County will accept its own liability with respect to methane
gas that may have already migrated or methane gas that continues
to migrate until such time as the City gets an operational perimeter
collection system on the property. The City expects that to be
about 6 months from today, if all the permits can be obtained. The
County has asked for a deadline, because they are concerned, as the
City is, about the migration of methane gas. It has been agreed
that it will be September 15, 1983, when the perimeter collection
system is in existence and operational, unless there are delays by
governmental agencies with respect to permits and authorizations
required for putting in the system. If there are delays, then the
City's liability with respect to indemnifying the County for any
migration of methane gas will not occur until a new date is mutally
agreed upon.
Upon a motion by Councilman Rockoff, Landfill Entry
Permit between the County of Kern and City of Bakersfield, was
approved, subject to the terms being approved by the City Attorney,
and the Mayor was authorized to execute same.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 4931 to 5195,
inclusive, in the amount of $1,082,513.88.
(b) Claim for Damages from Elyin L. Hedgecock,
2223 Dracena Street, Bakersfield. (Refer
to City Attorney)
(c) Public Utility Easement from J. R. Smeed,
DBA Chelsea Investment Co., as required
by the Planning Commission for Parcel Map
No. 6776, located on north side of Stock-
dale Highway opposite Stockdale Country
Club.
(d) Road Easement from Tenneco Realty Develop-
ment Corporation for east half of Old
River Road between Ming Avenue and 1,521
feet south of White Lane, as required by
the Planning Commission for Tract No. 4494,
located on east side of Old River Road
betweel Ming Avenue and White Lane.
37O
Bakersfield, California, March 16, 1983 - Page 12
(e)
(f)
(g)
(h)
(i)
Map of Tract No. 4472 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located south of Ming
Avenue midway between Gosford Road and
Old River Road.
Maps of Tract No. 4489 and Tract No. 4544
and Improvement Agreements with Tenneco
Realty Development Corporation for con-
struction of improvements therein, located
on south side of White Lane and east of
Old River Road.
~aps of Tract No. 4494 and Tract No. 4561
and Improvement Agreements with Tenneco
Realty Development Corporation for con-
struction of improvements therein, located
on east side of Old River Road between
Ming Avenue and White Lane.
Map of Tract No. 4591 and Improvement
Agreement with Colbek Development Corpora-
tion for construction of improvements
therein, located at southeast corner of
Pacheco Road and Akers Road.
Map of Tract No. 4551 and Improvement
Agreement with True Spirit Home Corpora-
tion for construction of improvements
therein, located on south side of Pacheco
Road midway between South "H" Street and
South Union Avenue.
(j) Notices of Completion and Acceptance of
Work on:
(k)
Drainage Improvements in Kingsland Avenue
and Bernard Street Retention Basin,
Contract No. 82-182 with W. M. Lyles.
Completion of Reinforced Concrete Box
Culvert at Stine Road and Farmers Canal,
Contract No. 83-26 with James G. Francis.
Tract No. 4557, Contract No. 82-145 with
U. S. Home Corporation, located at south-
east corner of New Stine Road and Hahn
Avenue.
Tract No. 4550, Contract No. 82-165 with
Tenneco Realty Development Corporation,
located at southwest corner of School
House Road and Manning Street.
Application for Encroachment Permit from
Will Franklin, 3109 Juniper Ridge Road,
Bakersfield, for construction of a re-
taining wall along back of sidewalk on
Singing Hills Drive at southeast corner
of Singing Hills Drive and Medio Luna
Avenue.
Bakersfield, California, March 16, 1983 - Page 13
37l
(1)
Application for Encroachment Permit from
Dr. Charles T. Ostrander, c/o W. Willson,
2600 Dina Way, Bakersfield, for construction
of a 48 inch high fence behind sidewalk at
6301 Ridgeway Court.
(m) Plans and Specifications for 2nd Influent
Pump at Wastewater Treatment Plant No. 3.
(n) Plans for Traffic Signal System on Beale
Avenue at Flower Street.
(o)
Contract Change Order No. 1 to Contract No.
82-184 with E & S Electric for Traffic
Signal Modifications on "L" Street. This
Change Order is necessary to provide for
removal, disposal and replacement of traffic
signal foundations at the intersection of
18th and "L" Streets, which interfere with
new installations or are unsuitable for use
with new traffic signal standards. The
cost of the change is $2,489.10. The
contract price, as a result of this Change
Order, is $104,836.10, and is within the
total amount budgeted for the project.
(p)
Request from Golden Empire Sports Complex
for an extension of time to complete
improvements required for Conditional Use
Permit No. 3761, Agreement No. 82-124.
The Public Works Department recommends a
3 month extension from March 10, 1983, to
June 10, 1983, for improvements required
for Conditional Use Permit No. 3761. The
property is located at l100 Kern Canyon
Road.
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o) and (p)
of the Consent Calendar, were adopted by the following roll call
vote
Ayes
Councilmen Means, Payne, Ratty, Rockoff, Strong
Noes: None
Absent: Councilmen Christensen, Barton
ACTION ON BIDS
Upon a motion by Councilman Strong, Contract for Archi-
tectural Services with Millard Archuleta-Eddy Paynter Associates
for a flat fee of $19,800, for construction o£ a new fire station,
was approved and the Mayor was authorized to execute same.
Upon a motion by Councilman Means, low bid of Graybar
Electric, in the amount of $41,096.20, for Cobra Heads and Sodium
Lamps Street Lights),was approved and the other bid rejected.
372
Bakersfield, California, March 16, 1983 - Page 14
Upon a motion by Councilman Strong, low bid of Micon,
in the amount of $11,279, for connection of Hilton Inn Water Well
to Fairhaven Water System, was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2825 New
Series of the Council of the City of
Bakersfield amending Sections 1.16.040
A., 1.16.050 C., 1.16.070, 1.16.080,
1.16.090, 1.16.240 A., 1.16.250 A.,
1.16.250 E., 1.16.260, 1.16.270 A.,
1.16.310, 1.16.330 A., 1.16.340 A.,
1.16.350 D., 1.16.360, and 1.16.370
of the Bakersfield Municipal Code
relative to Elections.
Upon a motion by Councilman Strong, Ordinance No. 2825
New Series of the Council of the City of Bakersfield amending
Sections 1.16.040 A., 1.16.050 C., 1.16.070, 1.16.080, 1.16.090,
1.16.240 A., 1.16.250 A., 1.16.250 E., 1.16.260, 1.16.270 A.,
1.16.310, 1.16.330 A., 1.16.340 A., 1.16.350 D., 1.16.360, and
1.16.370 of the Bakersfield Municipal Code relative to Elections,
was adopted by the following roll call vote:
Ayes: Councilmen ~eans, Payne, Ratty, Rockoff, Strong
Noes: None
Absent: Councilmen Christensen, Barton
Adoption of Ordinance No. 2826 New
Series of the Council of the City of
Bakersfield amending Section 15.64.180
of the Bakersfield Municipal Code
relative to Supervision in Dispensing
Class I Liquids.
Upon a motion by Councilman Ratty, Ordinance No. 2826 New
Series of the Council of the City of Bakersfield amending Section
15.64.180 of the Bakersfield Municipal Code relative to Supervision
in Dispensing C~ass I Liquids, was adopted by the following roll
call vote:
Ayes:
Noes:
Absent:
Councilmen Means,
None
Payne, Ratty, Rockoff, Strong
Councilmen Christensen, Barton
Bakersfield, California, March 16, 1983 - Page 15
373
Adoption of Ordinance No. 2827 New
Series of the Council of the City of
Bakersfield amending Section 16.32.070
D. of the Bakersfield Municipal Code
relative to Fees for construction of
Planned Drainage and Sanitary Sewer
Facilities pursuant to adopted plans,
and adding reference to plans adopted
for Pierce Road - Oak Street Planned
Sanitary Sewer Area.
Upon a motion by Councilman Ratty, Ordinance No. 2827 New
Series of the Council of the City of Bakersfield amending Section
16.32.070 D. of the Bakersfield Municipal Code relative to Fees for
construction of Planned Drainage and Sanitary Sewer Facilities
pursuant to adopted plans, and adding reference to plans adopted
for Pierce Road - Oak Street Planned Sanitary Sewer Area, was
adopted by the following roll call vote:
Ayes: Councilmen ~eans, Payne, Ratty, Rockoff, Strong
Noes: None
Absent: Councilmen Christensen, Barton
Adoption of Ordinance No. 2828 New
Series of the Council of the City of
Bakersfield amending Title Seventeen
of the Bakersfield Municipal Code by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield located on the south
side of Pacheco Road, east of Akers
Road.
The application for this amendment was made by Colbek
Development Corporation and would change subject property from an
R-2-D (Limited Multiple Family Dwelling - Architectural Design)
Zone to an R-1 (One Family Dwelling) Zone.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2828 New Series of the Council of the City of
Bakersfield amending Title Seventeen of the Bakersfield Municipal
Code by changing the Land Use Zoning of those certain properties
in the City of Bakersfield located on the south side of Pacheco
Road, finding said zoning consistent with the General Plan, were
374
Bakersfield, California, March 16, 1983 - Page 16
adopted by the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong
Noes: None
Absent: Councilmen Christensen, Barton
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield,
amending Section 10.28.010 of Title
l0 (Traffic Regulations) of the
Municipal Code providing for the
addition of Noel Place as a south to
north one-way street and Mt. Vernon
Frontage Road as a north to south
one-way street.
These changes will allow a more orderly flow of traffic
and help alleviate property access problems along Noel Place and
Mt. Vernon Frontage Road. In addition, these changes make it
possible to solve right-of-way control problems at the intersections
of Mt. Vernon Frontage Road at Christmas Tree Lane and Christmas
Tree Lane at Mt. Vernon Avenue.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield, amending Section 10.28.010 of
Title l0 (Traffic Regulations) of the Municipal Code providing for
the addition of Noel Place as a south to north one-way street and
Mt. Vernon Frontage Road as a north to south one-way street.
Adoption of Resolution No. 46-83 o£
the Council of the City of Bakers-
field authorizing the initiation of
Condemnation Proceedings for 1615 -
16th Street.
This resolution directs the City Attorney's Office to
initiate Eminent Domain proceedings for acquisition of real property
at 1615 - 16th Street for expanded City facilities. The property
owner, after successful negotiations with City staff, has requested
that the City proceed to acquire the property by means of Eminent
Domain.
Upon a motion by Councilman Ratty, Resolution No. 46-83
of the Council of the City of Bakersfield authorizing the initiation
Bakersfield, California, March 16, 1983 - Page 17
of Condemnation Proceedings for 1615 -
the following roll call vote:
Ayes:
Noes:
Absent:
16th Street, was adopted by
Councilmen Means, Payne, Ratty, Rockoff, Strong
None
Councilmen Christensen, Barton
Adoption of Resolution No. 47-83 of
the Council of the City of Bakers-
field providing for Candidate's
Statements, translation thereof,
charges therefor, and otherwise
implementing the provisions of
Section 10012 of the Elections Code.
This resolution revises and supersedes Resolution No.
2-76 and conforms City Election Procedure to revised State Law,
including a requirement for advance payment by candidates of pro
rata shares of total cost of Candidate's Statements as condition
of having statement included in Voter's Pamphlet.
Upon a motion by Councilman Strong, Resolution No. 47-83
of the Council of the City of Bakersfield providing for Candidate's
Statements, translation thereof, charges therefor, and otherwise
implementing the provisions of Section 10012 of the Elections Code.
was adopted by the following roll call vote:
Ayes Councilmen Means, Payne, Ratty, Rockoff, Strong
Noes None
Absent: Councilmen Christensen, Barton
Adoption of Resolution of Intention
No. 955 o£ the Council of the City of
Bakersfield to acquire improvements,
Assessment District No. 82-1, Stock-
dale Sewer Trunkline.
This resolution is the first of three resolutions
presented to the Council for action and continues the Assessment
District process initiated by the Council in July, 1982. This
resolution is a jurisdictional requirement under the "Municipal
Improvement Act of 1913," declaring the Council's intent to order
their acquisition and issue bonds in the manner provided in the
"Improvement Act of 1915."
376
Bakersfield, California, March 16, 1983 - Page 18
Upon a motion by Councilman Ratty, Resolution of Intention
No. 955 of the Council of the City of Bakersfield to acquire
improvements, Assessment District No. 82-1, Stockdale Sewer Trunk-
line, was adopted by the following roll call vote:
Ayes Councilmen Means, Payne, Ratty, Rockoff, Strong
Noes None
Absent: Councilmen Christensen, Barton
Adoption of Resolution No. 48-83 of
the Council of the City of Bakers-
field for preliminary approval of
Engineer's Report, Assessment District
No. 82-1 (Resolution of Intention No.
955).
This second of three resolutions gives preliminary
approval of the Engineer's Report and the plans and specifications
of the improvements to be acquired as incorporated therein by
reference. It also gives preliminary approval of the estimate of
the acquisition costs, assessment diagram referred to in the
Resolution of Intention, proposed assessment upon the separate
subdivisions within the District, and maps and descriptions of the
District and the lands therein proposed to be assessed for the
acquisition of improvements.
Upon a motion by Councilman Ratty, Resolution No. 48-83
of the Council of the City of Bakersfield for preliminary approval
of Engineer's Report, Assessment District No. 82-1 'Resolution of
Intention No. 955), was adopted by the following roll call vote:
Ayes Councilmen Means, Payne, Ratty, Rockoff, Strong
Noes None
Absent: Councilmen Christensen, Barton
Adoption of Resolution No. 49-83 of
the Council of the City of Bakers-
field appointing time and place of
hearing protests in relation to
proposed acquisitions and directing
Notice for Assessment District No.
82-1 - Stockdale Sewer Trunkline
(Resolution of Intention No. 955).
This final resolution sets Wednesday, April 20, 1983, at
a time to be specified by the Council and in the regular meeting
Bakersfield, California, March 16, 1983 - Page 19
377
place of the Council, as the time and place for a public hearing
on property owner protests and Council consideration of final
approval of the Engineer's Report and levy of the proposed assess-
ment for Assessment District No. 82-1. It further directs the
Clerk to give the required legal notice to property owners of the
proposed assessment by publication in the Bakersfield Californian,
posting along the line of the proposed improvement and mailing to
each property owner in the District.
Upon a motion by Councilman Payne, Resolution No. 49-83
of the Council of the City of Bakers£ield appointing time and place
of hearing protests in relation to proposed acquisitions and
directing Notice for Assessment District No. 82-1 - Stockdale Sewer
Trunkline (Resolution of Intention No. 955), was adopted by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Means, Payne, Ratty, Rockoff, Strong
None
Councilmen Christensen, Barton
Approval of Contract Change Order No.
i to Contract No. 82-119 with Bakers-
£ield Concrete and Construction for
Curb and Gutter Construction in the
Lowell Addition, Phase III, Community
Development Project.
This Change Order is necessary to provide payment for
actual quantities of work, which exceeded estimated quantities
and for changes requested by Community Development. The total cost
of the Change Order is $24,764.42, which increases the contract
cost to $218,906.42. Sufficient funds are available through
savings from other Community Development Projects.
Upon a motion by Councilman Strong, Contract Change Order
No. 1 to Contract No. 82-119 with Bakersfield Concrete and Construction
for Curb and Gutter Construction in the Lowell Addition, Phase III.
Community Development Project, was approved.
378
Bakersfield, California, March 16, 1983 - Page 20
Approval of Contract Change Order No.
1 to Contract No. 82-179 with Granite
Construction Company for Resurfacing
Gosford Road, Ming Avenue and Ashe
Road Medians.
This Change Order is necessary to provide payment for
actual quantities of work, which exceeded estimated quantities;
to provide additional paving at the intersection of Gosford Road
and Ming Avenue for a two-lane right-turn, which did not show on
the plans; and additional paving at Stockdale Highway and Gosford
Road to eliminate a difference in grade between the east- and west--
bound lanes. The total cost of the Change Order is $25,~32.44,
which increases the contract cost to $231,880.44. Sufficient funds
are budgeted in the current fiscal year for the project.
Upon a motion by Councilman Ratty, Contract Change Order
No. 1 to Contract No. 82-179 with Granite Construction Company for
Resurfacing Gosford Road, Ming Avenue and Ashe Road Medians, was
approved.
Approval of Agreement between the
City of Bakersfield and Pacific Gas
and Electric Company for relocations
and rearrangement of electrical
facilities at Wastewater Treatment
Plant No. 3.
These modifications are necessary because of construction
of new storage basins on the farm lease property. Sufficient funds
are available in the Sewer Enterprise Account for this work. The
cost of this work will be $9,970.
Upon a motion by Councilman Ratty, Agreement between the
City of Bakersfield and Pacific Gas and Electric Company for re-
locations and rearrangement of electrical facilities at Wastewater
Treatment Plant No. 3, was approved and the Mayor was authorized
to execute same.
Adoption of Resolution No. 50-83 of
the Council of the City of Bakers-
field authorizing filing of Application
and verifying that sufficient funds are
available and that all other matters
prerequisite to awarding the contract
for a Grade Separation on Union Avenue
at the Southern Pacific Transportation
Company Track in the City of Bakers-
field will be undertaken.
Bakersfield, California, March 16, 1983 - Page 21
379
This resolution is necessary to authorize the Public
Works Director to file an application with Caltrans for the allo-
cation of funds for the Union Avenue/Southern Pacific Railroad
Grade Separation and also verifies that the City will make available
a portion of the funds for the 10% local share of the project. The
local share of the project wi~ be funded jointly by the City,
County and Separation of Grade District.
Upon a motion by Councilman Ratty, Resolution No. 50-83
of the Council of the City of Bakersfield authorizing filing of
Application and verifying that sufficient funds are available and
that all other matters prerequisite to awarding the contract for a
Grade Separation on Union Avenue at the Southern Pacific Transportation
Company Track in the City of Bakersfield will be undertaken, was
adopted by the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong
Noes: None
Absent: Councilmen Christensen, Barton
Approval of Agreement between the City
of Bakersfield and the Southern
Pacific Transportation Company pro-
viding the City with railroad's
authorization to construct a Grade
Separation Structure at the inter-
section of the Southern Pacific
Transportation Company's Tracks with
Union Avenue and maintenance respon-
sibilities upon completion of the
structure.
Upon a motion by Councilman Ratty, Agreement between
the City of Bakersfield and Southern Pacific Transportation Company
providing the City with railroad's authorization to construct a
Grade Separation Structure at the intersection of the Southern
Pacific Transportation Company's Tracks with Union Avenue, and
maintenance responsibilities upon completion of the structure, was
approved and the Mayor was authorized to execute same.
Bakersfield, California, March 16, 1983 - Page 22
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Strong, the meeting was
adjourned at 8:50 P.M.
MAYOR o~f he City ' , Calif.
~-~of Ba k~
ATTEST:
CITY CLERK~ and E ~Of~ficio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, March 30, 1983
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., March 30, 1983.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Reverend Ron Chapman
of the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Payne, Ratty, Rockoff, Strong,
Barton, Means
Absent: Councilman Christensen
Minutes of the regular meetings of March 9 and 16, 1983,
were approved as presented.
SCHEDULED PUBLIC STATEMENTS
~r. Rich O'Neil, 6600 Desmond Court, representing the
Kern River Parkway Committee, stated their goal is to promote the
Lower Kern River as a community resource and they wanted to express
their appreciation to the Mayor, Council, City staff and citizens
of Bakersfield for the beautification work and encourage the com-
pletion of the Kern River Study.
~r. O'Neil and Eleanor Smith, representing the Kern
Chapter of the Audubon Society, presented the City with a hand-
drawn map by Don Ambriz, a local artist, of the Lower Kern River.
Mr. O'Neil stated the map was a community effort and everything
was donated by the artist, Sierra Printers, Audubon Society and
Westchester Framery.
Mayor Shell, on behalf of the City of Bakersfield,
thanked everyone who was involved with the map.
Eleanor Smith stated the Kern Audubon Society works to
protect wilderness areas, refuges and parks and to encourage good
use of nature's storehouse o£ resources. They feel the Kern River
Parkway Committee is doing that. The map is the plan to keep the
Kern River in its natural state, so every generation will be able
to experience spiritual and physical refreshment in places where
Bakersfield, California, March 30, 1983 - Page 2
primitive nature is undisturbed. They hope many people will study
the map and appreciate its merits.
Ms. Smith also stated the California Condor Recovery
Plan is an effort to save that bird from extinction and there are
only 19 in existence at this time. This evening an egg is in the
process of hatching at the San Diego Zoo and if the bird lives it
will be the first one born in captivity.
Mr. Dennis Kling, 3101 Alta Vista Drive, stated when
cities were allowed to have Bingo Games it was to enable nonprofit
groups to supplement their revenues. They do not feel it was in-
tended to be a major source of revenue. As a chairman, and repre-
senting other chairmen of Bingo Games in the City of Bakersfield
they wanted to express their support of the Emergency Ordinance on
tonight's agenda regarding Bingo Games.
Mr. J. C. Idler, representing the Muscular Dystrophy
Association, stated the proposed Emergency Ordinance on tonight's
agenda will present a problem to them because they have been
planning a one location "House of Bingo" to be operated by several
nonprofit organizations. One group cannot support it because of
the expenses. Mr. Idler requested that the Council not adopt the
Emergency Ordinance until it is studied further.
Mr. Ralph Anthony, Lakeview Community Development
Corporation, stated approximately one year ago the Lakeview Com-
munity Development Corporation and concerned residents of Census
Tract 22 (Lakeview area), requested that the City consider Census
Tract 22 as a study area for redevelopment. The Redevelopment
Agency authorized a study by the consulting firm of Katz-Hollis
to determine the feasibility of redeveloping the area. The
completed report stated that, where a project area is predominately
residential and evidencing significant blight conditions, economic
conditions (within and outside the area), should be considered in
order to determine overa~strategy for upgrading the residential
Bakersfield, California, March 30, 1983 - Page 3
neighborhood. Linking an impoverished residential neighborhood to
adjoining industrial and commercial areas is often required to
effectuate overall economic development objectives within a
neighborhood itself. After reviewing the City staff's proposed
"Lakeview Neighborhood Revitalization Strategy Plan," discussions
were held with Community Redevelopment, agencies, associations
and a survey of the Lakeview area, and they agree with most of the
City staff's recommendations, however, they are strongly opposed
to the rezoning of Lakeview Avenue. It would decrease private
property values, destroy community potential economic base, will
not bring long term jobs to the community, will not solve the
Lakeview crime problems and will not bene£it the residents as a
whole. The revitalization strategy should include enlarging the
project study area to include adjoining industrial and commercial
areas, a plan to address crime problems in the area and a strategy
to coordinate efforts between the Lakeview Redevelopment Study and.
Southeast Enterprise Zone Study, leaving Lakeview Avenue as a
commercial district. The petition they circulated against rezoning
the Lakeview Area reads "We the undersigned residents and concerned
persons, property and business owners of the Lakeview area, known
as Census Tract 22, are against the rezoning of the Lakeview area.
Instead we request:
The Redevelopment Project Study be enlarged
to include adjoining industrial and com-
mercial areas.
2. Lakeview Avenue stay as a commercial district.
3. There be coordinated efforts between Lake-
view Redevelopment Study and Southeast
Enterprise Zone Study.
4. City staff meet with representatives of the
Lakeview Community Development Corporation
Project Area Committee to review, discuss
and coordinate both proposals to the Lake-
view Avenue Redevelopment."
In addition, it has come to their attention that an audit was just
completed by the Department of Fair Employment and Housing, relevant
Bakersfield, California, March 30, 1983 - Page 4
to housing discrimination. Minority group members had a 98% chance
of being discriminated against while seeking rental housing in the
Northeast, Southwest and Oildale areas. They feel the City should
go on record in helping to establish a Housing Discrimination
Community Organization and implement effective measures to eliminate
discrimination in the City of Bakersfield and County of Kern, once
and for all.
Mr. ~arvin Dean, Lakeview Community Development
Corporation, stated he plans to run for the Office of Councilman
of the First Ward and next week he is going to request that the
Kern County Grand Jury, State Attorney General's Office and District
Attorney's Office investigate the activities of some of the present
Councilmen and City staff members, which might lead to possible
criminal indictments.
Councilman Payne stated Mr. Dean's statement was very
vague and ambiguous and requested that he cite an example of what
political corruption he is referring to.
~r. Dean stated he intends to make the formal allegations
and charges to the Kern County Grand Jury on Monday, April 4th, and
will also furnish the Council with a copy of the charges.
Councilman Strong stated it is a disservice to this
community to come before the Council and attempt to enhance his
identification for election purposes, and become better known to
the public by making idle accusations. If he is prepared to make
formal accusations they should be made before the Council. It is
hoped the news media recognizes that what Mr. Dean is doing is
bordering on something very serious.
Councilman Ratty stated Mr. Dean's slanderous statement
has cast a cloud over the Council without any facts. It is like
saying everyone is corrupt without telling why. A reasonable man
would have put the facts on the table and let the community decide.
He would not have given an inane unfounded statement and cast doubt
on the men sitting on the Council, who are honorable, and then
Bakersfield, California, March 30, 1983 - Page 5
walk away and say, if it isn't true no harm is done. Harm has
been done.
Councilman Rockoff formally requested that on Monday,
April 4, 1983, Mr. Dean furnish the Council with a detailed list
of his allegations, complaints and substantive evidence he
possesses that gives him the right to make the comments made
tonight.
CORRESPONDENCE
Upon a motion by Councilman Rockoff, communication from
Kern County Burglar and Fire Alarm Association, dated March 24,
1983, extending an invitation to the Mayor and Council to attend
their first open meeting on April 18, 1983, at 7:00 P.M., at the
Holiday Inn on White Lane, was received and ordered placed on file.
Upon a motion by Councilman Means, communication from
Southern California Edison Company, 100 Long Beach Boulevard,
Long Beach, California, dated March 24, 1983, regarding Tentative
Tract No. 4621, was received and referre~ to the Planning Com-
mission.
COUNCIL STATEMENTS
Upon a motion by Councilman Ratty, Hr. Richard Foster,
5001 Belle Terrace #3, was approved as his appointment to the
Historic Preservation Commission.
Upon a motion by Councilman Ratty, the matter of the
Council setting a policy to keep the Truxtun Avenue Extension as
a thoroughfare and do everything possible not to allow further
access to that street, was referred to the Budget Review and
Finance Committee; and staff was requested to furnish the Committee
with options as to how that street can be maintained as a thorough-
fare.
Councilman Payne commended Councilman Strong for the
outstanding job he has done and services he has rendered to this
community during the many years he has served on the Council. It
Bakersfield, California, March 30, 1983 - Page 6
is hoped
tion from the Council and remain an integral part
Councilman Rockoff stated he thoroughly
Councilman Payne's statements.
that he will sincerely reconsider his intended resigna-
of this community.
agrees with
Councilman Strong asked the City Attorney what remedies
are available to the Council to prevent unfounded remarks, like
the ones made tonight, from being made in the public until there
is something concrete or substantial to present. He is certain,
in his own mind, that there has been no wrongdoing by any member
of the Council or staff. At the same time he does not want to
give someone that kind of publicity by trying to defend himself
or bring action against someone who really does not have anything.
City Attorney Oberholzer stated the laws of slander and
liable are rather liberal when it comes to criticizing elected
officials, however, the courts have found when statements such as
corruption or corrupt in office have been made and they are either
untruthful or in reckless disregard £or the truth that that person,
any organization or news media that prints that kind of message
could be found liable in certain instances. In this particular
case Mr. Dean, who made the statements before the Council that
they will find out later whether these are groundless or not,
indicates that he does not know whether or not the conclusion he
reached with respect to corruption was, in fact, true or not.
Consequently it was probably in reckless disregard for the truth
to make that kind of damaging statement against an individual
without having made a proper investigation; knowingly making the
statements in hopes that it would be transmitted over the news
media. The news media has the same obligation and they will
probably check with their attorneys before running the statement
to see what potential liability might be there.
Councilman Strong stated the Council has had their dis-
agreements, but he feels every member demonstrates above level
Bakersfield, California, March 30, 1983 - Page 7
sincerity, commitment, honesty and integrity to this community
and it hurts to sit here and have someone come down here, a fly-
by-night who just came back into town not too long ago, and attempt
to take this kind of emotionalism to use for some kind of advantage.
Councilman Strong stated he probably has as large of an investment
in Census Tract 22 as anybody and is concerned what happens to it,
as well as being concerned to what happens to the people in that
area. He does not mind someone saying he is not representing them
properly, but it does upset him that his, and the Council's,
integrity has been attacked by somebody who has absolutely no facts
and it is not known what he talking about. Any investigation or
inquiry is encouraged. Anyone who serves on the Council loses
money, because of the time involved and they should be commended,
not maligned, and the staff has been absolutely tolerant of this
kind o£ attack. The public should know, and the record show, thai;
Mr. Dean has not been denied any conference with any staff or
Council member at any time. Councilman Strong stated he loves the
position of Councilman and it has taught him a lot and been a
tremendous experience, however, it is time to move on. He hopes
what he, and the Councilmen before him, have attempted to accomplish
will not go down the drain because of the things Marvin Dean was
talking about tonight.
Councilman Strong also stated that the last Council
Meeting in May will probably be his last in order to give qualified
candidates a chance to do whatever necessary to qualify for the
November election. This is a very important position and require~
a lot of dedication, commitment and the people who proceded him
demonstrated that, and it is hoped the person coming after him
will continue to do what is right and just for everyone.
Mayor Shell declared a brief recess at 7:50 P.M. and
reconvened the meeting at 8:00 P.M.
388
Bakersfield, California, March 30, 1983 - Page 8
Committee
1983-84,
REPORTS
Councilman Means, member of the Auditorium-Recreation
read Report No. 1-83 regarding Recreation Budget £or
as follows:
The City Council's Auditorium-Recreation Com-
mittee met to review the proposed Recreation
Budget for the 1983-84 Fiscal Year. Each year,
the budget is submitted prior to the regular
budget hearings in order that recruitment o~
personnel for the summer programs may begin
immediately.
The Recreation Budget is divided into four
major activities: (1) Aquatics; (2) Sports;
(3) Parks and P~aygrounds; and (4) California
Avenue Park Neighborhood Facility. The pro-
posed budget totals $650,895 and when compared
to the 1982-83 budget, relfects a decrease of
$12,565.
The following is a suramary of the major change
in the proposed budget of each major activity
compared to the prior year.
AQUATICS
The proposed Aquatics Budget for 1983-84 totals
$129,640. In reviewing this program, this
Committee noted the proposed objective to ex-
pand the "Learn-to-Swim" Program so as to be
available to preschool children. In addition,
this Committee recommends an objective be in-
c~uded which would reflect the "ef£ectiveness"
o~ the "Learn-to-Swim" Program.
SPORTS
The proposed Sports Budget totals $125,515.
As we reviewed the Sports Program, we noted the
proposed increase in adult softball teams to be
accomplished by reducing the number of games
played in the season by each team and increasing
the number of teams. This proposed change will
allow an increase in the number of participants
and a reduction in the entry fee charged to
each team while not creating any additional
increase in the City's operating costs.
PARKS AND PLAYGROUNDS
The proposed Parks and Playgrounds Budget totals
$128,030. It was noted that the "Final Show"
Program is proposed to be eliminated as a result
of a steady decline in interest and participation.
Staff time previously concentrated on the "Final
Show" will be directed toward other events
showing an upward trend in participation. During
our discussions, we noted that during the 1982-
83 Fiscal Year, hours were reduced at selected
Bakersfield, California, March 30, 1983 - Page 9
playgrounds by opening one hour later and
closing one hour earlier, thereby reducing two
hours each day when attendance was poor. As
a result of this successful scheduling, the
hours are proposed to be reduced from eight
to six hours in the remaining City playgrounds
during the 1983-84 Fiscal Year.
CALIFORNIA AVENUE PARK NEIGHBORHOOD FACILITY
The proposed budget for the California Avenue
Facility is $267,710. While reviewing the budget
for the California Avenue Facility, we were
pleased to note an increase in the use of the
facility over the past year. So that the
facility will be used by an even larger segment
of the community, additional programs featuring
non-sport categories, making the facility
available for use by a proposed scout troop,
and available for use as a career guidance and
tutoring center to be established by California
State College and Bakersfield Community College
are programs planned for 1983-84.
In conclusion, this Committee concurs with staff
requests as enumerated in the proposed Recreation
Budget and as highlighted in this report. There-
fore, this Committee recommends adoption of the
proposed budget, including the recommended
additions, for the 1983-84 Fiscal Year.
Upon a motion by Councilman Means, Auditorium-Recreation
Committee Report No. 1-83 regarding Recreation Budget for 1983-84,
was accpeted; and Recreation Budget for Fiscal Year 1983-84, in-
cluding recommended additions, was adopted.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee Report Report No. 10-83 regarding Cable Tele-
vision, as follows:
As was noted in a recent report to the City
Council, this Committee has continued to monitor
the status of any problems related to the cable
companies.
During our continuing discussions and reviews
we noted the agreement with Cox Cable is about
15 years old; consequently, not containing
provisions commonly found in such agreements
recently negotiated between cable companies
and cities.
Therefore, we recommend City Council authorize
the City Attorney to proceed with negotiating
a new franchise agreement between the City and
Cox Cable. Further, we recommend correspondence
be directed to Cox Cable informing them of the
City Council's action.
Bakersfield, California, March 30, 1983 - Page 10
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 10-83 regarding Cable Television, was
accepted; the City Attorney was authorized to proceed with nego-
tiating a new Franchise Agreement with Cox Cable Television; the
negotiated Franchise Agreement is to be referred back to the
Budget Review and Finance Committee for review prior to Council
approval; and staff was directed to correspond with Cox Cable
informing them of the Council's action.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 11-83 regarding Communication
System, as follows:
On October 29, 1980, the City Council authorized
Stanford Research Institute (SRI) to conduct a
study of the current communication system and
make recommendations for the City's future needs.
At the Council Meeting of June 3, 1981, a repre-
sentative of SRI presented a final report to
the Council. The report indicated that part
of the communication system and equipment was
sound, however, noted an immediate need to
correct blank spots east and north of the Bluff
area, as well as a major portion of Rio Bravo.
Also, the report noted the inability of the
present system to provide adequate communication
to the City as it grows, as well as having the
capability to integrate all communication
systems such as Public Safety, Public Works,
Building, and Water Departments. SRI made
recommendations regarding staffing, changes in
operations, technical changes, and recommended
the changes be made over a period of five years.
The City Council received the report and recom-
mendations and referred the matter to the
Budget Review and Finance Committee.
Pursuant to this Committee's review, on July
20, 1981, we recommended the City Council
implement some of SRI's recommendations, which
included instituting a high altitude site to
alleviate the deficient radio coverage in the
emergency radio system and start the City on
a program of unifying the communication system
so that Public Works, Building and the Water
Departments will also have adequate coverage
in the £uture period. Additionally, this
Committee recommended that the Governmental
Efficiency and Personnel Committee review and
approve immediate changes in staffing as
recommended in the SRI Study.
Subsequent to our recommendations and the en-
suing recommendations from the Governmental
Bakersfield, California, March 30, 1983 - Page
Efficiency and Personnel Committee, the City
Council approved funding for the high altitude
site and the immediate staffing changes and
additions.
In May, 1982, the Communications Coordinator was
employed by the City. Subsequent to his
employment he has proceeded with implementing
several of SRI's recommendations as approved
by the City Council, as well as evaluating the
future needs as reported in the SRI Study.
Recently, this Committee met with members of
City staff. The Communications Coordinator
presented his findings and recommendations
with regards to the SRI Study and the communi-
cation system. The November 30, 1982, memorandum
from the Communications Coordinator to the Chief
of Police summarizes his presentation. Briefly,
his recommendations included authorizing the
acquisition of various equipment, such as a
microwave radio system, acquisition and installa-
tion of certain VHF-FM transmitter receivers,
communications center radio consoles, as well
as needed testing and maintenance equipment.
Preliminary estimates indicate equipment
purchases and modifications to be $609,800 with
$439,800 in Fiscal Year 1983-84 and $170,000 in
Fiscal Year 1984-85.
This Committee continues to concur with the
recommendations and findings made by the SRI
Study and subsequently supported by the Communi-
cations Coordinator. We recognize the need and
importance of improving the City's communication
system as the City of Bakersfield continues to
grow. Therefore, this Committee recommends the
City Council continue to support the improvement
o£ the communication system and we recommend
the equipment requests and staffing requests
be evaluated and considered with other requests
while reviewing the proposed Capital Improvement
Budget and the Operating Budget for 1983-84.
We believe the staffing, as well as the equip-
ment modifications and improvements to be a
necessary part of improving the communication
system.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 11-83 regarding Communication System,
was accepted; the Council will continue to support the improvement
of the communication system; and equipment and sta£fing requests
will be evaluated and considered with other requests during the
review of the proposed Capital Improvement and Operating Budgets
for Fiscal Year 1983-84.
Bakersfield, Cali£ornia, March 30, 1983 - Page 12
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 5-83 regarding Sale of City
Owned Property, as follows:
Over the past two years, the City has been
attempting to attract out of town industry
onto City owned property for the purpose of
creating new jobs and improving the economic
base. However, it has become apparent that
economic development activities among areas
throughout California are highly competitive.
In order to compete, the City must be in a
position to offer an attractive economic package.
The most important aspects are financing
alternatives for construction and the cost of
land. Financing mechanisms are available, such
as Industrial Revenue Bonds and the City's
Charter powers. However, existing ordinances
require City owned real property to be sold by
competitive bid.
This Committee has discussed this issue and
based on the improvements to the economic base,
the number of new jobs which will be created
and the taxes derived from new industry, we
are recommending Council approval of the attached
ordinance which will allow for the sale of City
owned real property on a negotiated basis after
a public hearing if it is in the best interests
of the community.
This report tonight will be considered as first
reading of the ortdnance.
Councilman Means stated he supports this report, however,
the only concern he has is that well thought-out guidelines will
be set and made a policy of the Council.
City Manager Kelmar stated the information has been
referred to the consultants and they will develop a formula that
will enable the staff to arrive at a justifiable basis for carrying
out this activity.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 5-83 regarding Sale of City Owned
Property, was accepted.
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Section 3.30.125 to the
Bakersfield Municipal Code regarding
Sale of Surplus Real Property.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Section 3.30.125 to the
Bakersfield, California, March 30, 1983 - Page 13
Bakersfield Municipal Code regarding Sale of Surplus Real Property.
Director of Fire and Development Services Needham reported
on the State's Comments on the Housing Element, as follows:
Staff has concluded its review of the State
Department of Housing and Community Develop-
ment's comments regarding the City's Housing
Element adopted January 12, 1983. The State's
comments and staff responses have been for-
warded to the Planning Commission and members
of the Citizens Advisory Committee for consideration.
Once they have had an opportunity to express
their feelings on the State's comments, staff
will review the comments and responses with the
City Council.
It is anticipated that appropriate studies will
be conducted this Fall and hearings will occur
in the Spring of 1984, which will result in the
final adoption of the Housing Element by July
l, 1984, by the Council, as required by State
law. This will take into consideration all of
the State's comments and new information about
the metropolitan area of Bakersfield.
In the wording of the adoption of the Housing
Element with regards to the State, they stated
the final adoption of the Housing Element would
be on July l, 1984. It is not known why they
worded it in that manner, because the staff
feels it was adopted in January, 1983. It will
be updated with regards to the State, Committee,
Council and public's comments.
Director o£ Fire and Development Services Needham reported
on the Kern River Plan Status, as follows:
On March 3, 1982, the City agreed to a Memorandum
of Understanding with Kern COG and Kern County to
participate in the drafting o£ a Kern River Plan.
The City and the County each contributed $5,000
and Kern COG contributed $15,000 to the project.
Quad Consultants was retained and worked under
the auspices of a steering committee representing
City and County and coordinated by Kern COG.
The consultant's work is very nearly concluded
and a final draft of the plan is expected to be
submitted in early April. From review of the
drafts and discussions between City and County
staff and the consultants, it has been generally
agreed that with some additional work by the
City and County, including public workshops
and environmental reviews the plan can be
presentable for public hearings and adoption
in November or December of this year.
As soon as copies of the consultant's draft
are available they will be distributed to the
Planning Commission and City Council. After
394
Bakersfield, California, March 30, 1983 - Page 14
the Commission and Council have had an opportunity
to express their feelings on the plan the City and
County will work together on its preparation for
public workshops in early Summer. From the in-
put gained, the plan will be refined and environ-
mental reviews conducted which will become the
subject of another workshop later in the Summer.
Public hearings should begin in early Fall to
be concluded by the adoption of a unified Kern
River Plan by the City of Bakersfield and the
County of Kern.
Councilman Rockoff asked if anything is being done by
the Council and County to make sure things along the river remain
in the same status quo while the study is being conducted, so
there will not be changes which might alter the results of that
study.
Director of Fire and Development Services Needham stated
several issues have been brought before the Board of Supervisors
and they are honoring the work taking place on the Kern River
Study. If something of a significant nature comes to staff it
would be taken to the Planning Commission or Council depending on
the degree of importance.
Councilman Rockoff requested that the Council go on
record setting a policy that nothing would be done along the river
while the study is being conducted, because it could jeopardize
the effect of the study.
Councilman Barton stated there are acts that must go on
in the study area that might unintentionally be prohibited by that
policy and what is prohibited should be very specific.
Upon a motion by Councilman Rockoff the matter of setting
a policy that nothing be done along the river while the study is
being conducted was referred to the Business Development and Parking
Committee.
Councilman Payne, member of the Legislative Committee,
read Report No. 1-83 regarding Assembly Bill 187, Assembly Bill
1440 and Assemblyman Stirling's Proposal to Amend Article IV,
Section 12(c) of the State Constitution, as follows:
Bakersfield, California, March 30, 1983 - Page 15
The Legislative Committee met on March 23, 1983,
to discuss three issues: (1) Assembly Bill 187
(mandatory binding arbitration for peace officers);
(2) Assembly Bill 1440 (inspection of wine
grapes delivered to wineries); and (3) Assembly-
man Stirling's proposal to amend Article IV,
Section 12(c), of the State Constitution
~equires the Legislature to finalize the budget
by June 15 of each year).
I. ASSEMBLY BILL 187
Assembly Bill 187 provides that either the
employee or the City may request binding
arbitration. If either party so requests, the
State Mediation and Concilliation Board will
provide the mediator. The mediator will have
no power to modify any of the offers, but must
select the offer that he believes to be most
appropriate based upon various £actors. In
addition, AB 187 prohibits strikes by peace
officers and specifies certain penalties that
may be imposed.
The Legislative Committee recommends that the
City Council oppose AB 187 for the following
reasons:
The proposed Section 1138 of the Labor Code
provides that "mandatory binding arbitration"
is required "in lieu of strikes or work
stoppages by these peace officers." But, in
fact, there is no need to statutorily require
a prohibition against strikes by peace officers.
First, under existing law, Firefighters are
statutorily prohibited from engaging in strikes.
Furthermore, other public employees, including
Police Officers, are prohibited from engaging
in strikes pursuant to judicial interpretation.
Consequently, the Bill, which purports to have
the effect of prohibiting strikes, does not make
any significant change to existing law with
respect to strikes by peace officers.
The real import of this Bill is the requirement
that the local agency or the employee group may
be required to submit to mandatory binding
arbitration. Present law allows the binding
arbitration i£ both parties so agree. AB 187
could force an unwilling party into binding
arbitration. The arbitrator having only the
power to accept one of two offers, without
modification, could severly damage the interests
of either the employee group or the City.
In addition, this Bill would remove from the
City and other local governmental bodies the
authority and power to establish wages, salaries,
hours and other terms and conditions of employment.
It would place in the hands of a State Arbitrator
the powers now the responsibility of local
elected officials. The State Arbitrator would,
in effect, have the ability to establish local
Bakersfield, California, March 30, 1983 - Page
budgetary considerations through determination
of wages, salaries, etc., of local peace
officers. Among other things, the State
Arbitrator, rather than the City Council, would
decide what the City should budget for wages
and salaries. The arbitrator would consider
the salaries of employees in comparable
communities and in private employment. This
State Arbitrator would most likely be neither
a resident of the local area nor familiar with
local concerns.
It is believed that in an attempt to make this
Bill palatable to the general taxpaying public,
the author included the superfluous and non-
effective strike provisions. The only real
substance to this Bill is the diminution of
local control over salary and bene£its for its
employees, which salary and benefits are paid
by local taxpayers, and forced arbitration
upon either the City or the employee group.
II. ASSEMBLY BILL 1440
Mr. Fred W. Andrew, Chairman of the Board and
President of Superior Farming Company, requested
support of AB 1440 which deals with third party
inspection of wine grape deliveries to wineries.
While AB 1440 does not have any direct impact
on the operation of local government, the
Legislative Committee believes that the grape
growing industry is important and vital to the
City of Bakersfield's interest, and should,
therefore, be supported by the City Council.
Consequently, it is recommended that the City
Council support AB 1440.
III. CONS?ITUTIONAL AMENDMENT
Assemblyman Larry Stirling has proposed an
amendment to Article IV, Section 12(c) of the
State Constitution, which will require the
Legislature to finalize the State Budget by
June 15 of each year. The City of Bakersfield
is caught in a dilemma each year attempting to
finalize its budget without knowing what it is
to receive from the State. This amendment would
alleviate the confusion and uncertainty that now
exists at budget time. The Legislative Committee,
therefore, recommends that the City Council
support the proposed amendment.
It is recommended that the City Council adopt
resolutions opposing Assembly Bill 187 and
supporting Assembly Bill 1440 and the proposed
amendment to Article IV, Section 12(c) of the
State Constitution.
Upon a motion by Councilman Payne, Legislative Committee
Report No. 1-83 regarding Assembly Bill 187, Assembly Bill 1440
and Assemblyman Stirling's Proposal to Amend Article IV, Section
12(c) of the State Constitution, was accepted.
Bakersfield, California, March 30, 1983 - Page 17
397
Adoption of Resolution No. 51-83 of
the Council of the City of Bakers-
field opposing Assembly Bill 187
(Mandatory Binding Arbitration).
Upon a motion by Councilman Payne, Resolution No. 51-83
of the Council of the City of Bakersfield opposing Assembly Bill
187 (Mandatory Binding Arbitration), was adopted by the following
roll call vote:
Ayes:
Noes:
Councilmen Payne, Ratty, Rockoff, Strong, Barton
Councilman Means
Absent: Councilman Christensen
Adoption of Resolution No. 52-83 of
the Council of the City of Bakers-
field supporting Assembly Bill 1440
(Third Party Inspection of Wine Grape
Deliveries).
Upon a motion by Councilman Payne, Resolution No. 52-83
of the Council of the City of Bakersfield supporting Assembly Bill
1440 (Third Party Inspection of Wine Grape Deliveries), was adopted
by the following roll call vote:
Ayes:
Noes:
Councilmen Payne, Ratty, Rockoff, Strong, Barton, Means
None
Absent: Councilman Christensen
Adoption of Resolution No. 53-83 of
the Council of the City of Bakers-
field supporting Amendment of Article
IV, Section 12(c) of the State
Constitution providing for the
adoption of the State Budget by June
15 of each year.
Upon a motion by Councilman Payne, Resolution No. 53-83
of the Council of the City of Bakersfield supporting Amendment of
Article IV, Section 12(c) of the State Constitution providing for
the adoption of the State Budget by June 15 of each year, was
adopted by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton, Means
Noes: None
Absent: Councilman Christensen
Bakersfield, California, March 30, 1983 - Page 18
Councilman Ratty requested that the Resolutions opposing
AB 187, supporting AB 1440 and supporting the amendment to the
State Constitution be sent to all local State Legislators and the
Committees considering these matters.
Police Chief Price reported that he has furnished copies
of the Final Report of the California Commission on Crime Control
and Prevention. In 1979, AB 23 became law, which established this
Commission. The Commission was charged with research into long
term solutions to crime control and violence prevention. There
were specific areas to study. They were not to create new studies,
but compile the works of m~y sociologists, psychologists and other
academicians who had done studies in these various areas and come
up with findings and recommendations that could be presented to the
Legislature at the termination of the Commission in 1983. When one
appointee resigned the Attorney General requested that he accept
an appointment to that Commission. The Council allowed him to do
that, and on Friday, March 18, 1983, the Commission held its last
official meeting and it no longer exists. The Council now has
the Final Report, complete with ~inority Reports. There is a
further report coming, which may be of far more significance than
anything else done by the Commission. As they worked to come up
with the findings and recommendations it was learned that within
various California communities there are many things being done.
There are good programs that have been in operation for years that
do not receive money from the government. The Commission authorized
a consultant to put together a complete index of these various
programs within the State of California and it should be available
very soon. Maybe somethings can be adapted to this community.
Chief Price thanked the Council for allowing him to participate
on the Commission.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 5196 to 5578,
inclusive, in the amount of $982,713.52.
Bakersfield, California, March 30, 1983 - Page 19
399
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(i)
(m)
Claim for Damages and Personal Injuries
from Stephanie Madsen, 1004 San Vincente
Drive, Bakersfield. (Refer to City
Attorney)
Claim for Damages from Delphine M. Madsen,
1004 San Vincente Drive, Bakersfield.
(Refer to City Attorney)
Claim for Damages from Robert H. Madsen,
1004 San Vincente Drive, Bakersfield.
(Refer to City Attorney)
Claim for Damages from Sterling L. Riddle,
4451 California Avenue, #26, Bakersfield.
(Refer to City Attorney)
Claim for Damages from William Rylie
Adams, 2311 - 19th Street, Bakersfield.
(Refer to City Attorney)
Claim for Damages from Shirley Richard,
2500 Lotus Lane, Bakersfield. (Refer to
City Attorney)
Claim for Damages from Donaice Hodges,
2400 Lotus Lane, Bakersfield. (Refer
City Attorney)
to
Application for Leave to Present Late
Claim for Damages from Earl Bolton,
individually, and DBA Bolton Truck Lines
and Edward Guerrero, c/o Eyherabide,
Pearl, Beckman & Eyherabide, Attorneys
at Law, 1400 Chester Avenue, Bakersfield.
(Refer to City Attorney)
Street Right-of-Way Deed and Temporary
Slope Easement from Bakersfield Country
Club Development, Ltd., for dedication of
a portion of Fairfax Road and slope ease-
ment for construction as required by the
Planning Commission for Tract No. 4497,
located along Fairfax Road between State
Highway 178 and College Avenue.
Quitclaim Deed from Howard H. Bell, Jr.,
in exchange for releasing any claims for
interest in methane gas created as a
result of disposal of solid waste at the
Sanitary Landfill, the City will release
the leaseholder from any liability which
might arise from the Landfill gas.
Grant Deed from Bultman, Bianchi and Kelly
to the City of Bakersfield for property at
1615 16th Street.
Improvement Agreement for Parcel Map No.
6871 with Regional Mortgage Company for
construction of improvements required by
the Planning Commission, located on west
side of Chester Avenue, north of Sylvia
Drive.
4OO
Bakersfield, California, March 30, 1953 - Page 20
(n)
(o)
(P)
(q)
(r)
(s)
(t)
(u)
Notice of Completion and Acceptance of
Work for construction of Landfair, Stone-
pine and Sundale Storm Drain Modifications,
Contract No. 82-161 with M-D Construction
Co.
Plans and Specifications for construction
of Drainage Improvements on South Real
Road, between Reeder and Kennedy Avenues,
and Hughes Lane at Westhaven Avenue.
Plans and Specifications for construction
of Storm Drains in "M" Street between 23rd
and 21st Streets and East ?ruxtun Avenue
between Beale Avenue and Gage Street.
Plans and Specifications for furnishing
and installing a deep well turbine pump
bowl assembly and suction pipe on Ashe
Water Pumping Plant No. 10.
Plans and Specifications for Street
Improvements on 30th Street between "F"
and "Q" Streets.
Contract Change Order No. 1 to Contract
No. 82-114 with James G. Francis for
improvements on Bernard Street, Union
Avenue Intersection to 200' east of Good-
man Street. Underground electrical conduit
and detector loops, in left-turn lanes,
were found to be in a deteriorated condi-
tion during construction and it is
necessary to replace them. The cost of
the change is $1,786.56. The total
contract price, as a result of this Change
Order is $159,591.56. Funds for this
change are available in the current budget
for Miscellaneous Street and Traffic
Control Improvements, Account No. 33-79500-
293.
Agreement of Assignment of Pipeline License
Agreement between Independent Valley Energy
Company (IVEC) and the City of Bakersfield.
This assignment is technical rather than
substantive in nature. One partner in IVEC
has acquired the interest of another party.
City approval of assumption of the Pipeline
License Agreement by this reorganized
company is requested by IVEC in order that
financial arrangements between IVEC and
third parties are not delayed.
Approval of Assignment for Security
Purposes of Pipeline License Agreement
between Independent Valley Energy Company
(IVEC) and the City of Bakersfield to the
First National Bank of Chicago, as Agent
for financing group with right of assignee
to make future assignments.
(CONTINUED ON NEXT PAGE)
Bakersfield, California, March 30, 1983 - Page 21
401
(u) CONTINUED
In concluding its long term financing
arrangements, IVEC is required by its
lenders to assign its facilities and
agreements to the lenders as security and
to arrange that such assigned agreements
be further assignable by the lenders in
event of foreclosure. As any assignee of
the Pipeline License Agreement will be
bound by its rigorous terms, the City's
interests are protected in event of such
further assignment.
(v)
(w)
Quitclaim Deed from Santa Fe Energy
Company in exchange for releasing any
claims for interest in methane gas created
as a result of disposal of solid waste at
the Sanitary Landfill, the City will release
the owner from any liability which might
arise from the Landfill gas.
Quitclaim Deed from James L. Packard in
exchange for releasing any claims for
interest in methane gas created as a
result of disposal of solid waste at the
Sanitary Landfill, the City will release
the owner from any liability which might
arise from the Landfill gas.
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n). (o), (p),
(q), (r), (s), (t), (u), (v) and (w) of the Consent Calendar, were
adopted by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton, Means
Noes: None
Absent: Councilman Christensen
DEFERRED BUSINESS
Adoption of Ordinance No. 2829 New
Series of the Council of the City of
Bakersfield, amending Section 10.28.010
of Title l0 (Traffic Regulations) of
the Municipal Code providing for the
addition of Noel Place as a south to
north one-way street and Mr. Vernon
Avenue Frontage Road as a north to
south one-way street.
Upon a motion by Councilman Rockoff, Ordinance No. 2829
New Series of the Council of the City of Bakersfield, amending
Section 10.28.010 of Title 10 (Traffic Regulations) of the Municipal
Code providing for the addition of Noel Place as a south to north
one-way street and Mt. Vernon Avenue Frontage Road as a north to
402
Bakersfield, California, March 30, 1983 - Page 22
south one-way street, was adopted by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton, Means
Noes: None
Absent: Councilman Christensen
Adoption of Ordinance No. 2830 New
Series of the Council of the City of
Bakersfield amending Title Seventeen
of the Bakersfield Municipal Code by
adding Chapter 17.25 relative to and
establishing C-3 (Central Business)
Zone Regulations.
Upon a motion by Councilman Barton, Ordinance No. 2830
New Series of the Council of the City of Bakersfield amending
Title Seventeen of the Bakersfield Municipal Code by adding Chapter
17.25 relative to and establishing C-3 (Central Business) Zone
Regulations, was adopted by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton, Means
Noes: None
Absent: Councilman Christensen
Adoption of Ordinance No. 2831 New
Series of the Council of the City of
Bakersfield amending Section 17.26.027
and adding Section 17.26.070 of the
Bakersfield Municipal Code relative
to Height Limitations in the C-C
(Civic Center) Zone.
Upon a motion by Councilman Barton, Ordinance No. 2831
New Series of the Council of the City of Bakersfield amending Section
17.26.027 and adding Section 17.26.070 of the Bakersfield Municipal
Code relative to Height Limitations in the C-C (Civic Center) Zone,
was adopted by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton, Means
Noes: None
Absent: Councilman Christensen
Adoption of Ordinance No. 2832 New
Series of the Council of the City of
Bakersfield amending Section 17.37.060
of the Bakersfield Municipal Code
relative to Building Height Limitations,
Front, Side and Rear Yard, Minimum Lot
Area and Distance between Buildings in
OS (Open Space) Zones.
Bakersfield, California, March 30, 1983 - Page 23
40:5
Upon a motion by Councilman Barton, Ordinance No. 2832
New Series of the Council of the City of BakersSield amending
Section 17.37.060 of the Bakersfield Municipal Code relative to
Building Height Limitations, Front, Side and Rear Yard, Minimum
Lot Area and Distance between Buildings in OS (Open Space) Zones,
was adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Payne, Ratty, Rockoff, Strong, Barton, Means
None
Councilman Christensen
Adoption of Ordinance No. 2833 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield located on
the east side of Fairfax Road,
approximately one-half mile north of
Panorama Drive (Conditional).
The application for this amendment was made by Dickinson-
Wadsworth and would change subject property from an R-1 (One Family
Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling) Zone.
The Planning Commission recommended, and this ordinance
imposes a condition that: "Waiver of vehicular access rights to
Fairfax Road shall be recorded." This condition has been satisfied.
Upon a motion by Councilman Rockoff, Negative Declaration
and Ordinance No. 2833 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
on the east side of Fairfax Road, approximately one-half mile north
of Panorama Drive (Conditional), finding said zoning consistent
with the General Plan, were adopted by the following roll
Ayes:
Noes:
Absent:
Councilmen Payne, Ratty,
None
Councilman Christensen
Rockoff, Strong, Barton,
call vote:
Means
4O4
Bakersfield, California, March 30, 1983 - Page 24
NEW BUSINESS
Adoption of Emergency Ordinance No.
2834 New Series of the Council of the
City of Bakersfield amending Section
5.12.200 of the Bakersfield Municipal
Code relative to Hours and Days of
Operation of Bingo Games.
This ordinance limits the playing of Bingo at any one
location to once per week to express intent of the present Bingo
Ordinance, which limits the play of Bingo to once per week per
organization.
City Attorney Oberholzer explained that this is an
addition to the present ordinance which allows playing of Bingo
by any organization once per week, no longer than 6 hours during
any 24 hour period. This ordinance adds to that requirement that
Bingo may not be played more than once per week for a 6 hour period
in any one location.
Mr. Abel Oliveras, representing the Boy's Club, speaking
in support of the Emergency Ordinance, stated all nonprofit organi-
zations should have the right to conduct Bingo Games to supplement
their budget, but they should not tot~ly depend on Bingo for their
entire budget. Mr. Oliveras urged the Council to adopt the
Emergency Ordinance.
Mr. Dave Moore, Bingo Chairman ~or St. Francis Church,
stated they support the proposed ordinance limiting Bingo to one
night per week per organization per building. They feel if it is
not adopted it will leave the door open to any individual, business
or corporation (not necessarily nonprofit), to open a Bingo Parlor.
Mr. Moore cited figures on the amount of money being made by a
Bingo Parlor currently operating in the County area.
Mr. ~ike Austin, representing the Friends of Muscular
Dystrophy, stated their only concern with the ordinance is that
they would like to move into the City with 4 or 5 other charitable
organizations and this ordinance would eliminate that possibility.
They cannot afford to pay the rent on a building on their own.
Bakersfield, California, March 30, 1983 - Page 25
40.
City Attorney Oberholzer stated Mr. Austin is correct,
the ordinance limits the playing of Bingo to one night per week
per location. The organizations could alternate weeks. Mr.
Austin states a good argument for his organization, which is
probably a very reputable organization, unfortunately, if the
Council broadens this ordinance every organization that might
qualify under more liberal rules could come into the City and
open Bingo Parlors.
Mr. Austin requested that the ordinance be studied in
an attempt to come up with a viable alternative, other than the
one that exists now.
Councilman Barton encouraged Mr. Idler and Mr. Austin
to meet with the City Attorney in an attempt to try to work out
some type of modification.
Upon a motion by Councilman Ratty, Emergency Ordinance
No. 2834 New Series of the Council of the City of Bakersfield
amending Section 5.12.200 of the Bakersfield Municipal Code
relative to Hours and Days of Operation of Bingo Games, was
adopted by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton, Means
Noes: None
Absent: Councilman Christensen
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Chapter
17.06 (Zoning Map) of the Municipal
Code of the City of Bakersfield,
regarding Prezoning of property known
as Park Stockdale Annexation.
This amendment would prezone those certain properties
proposed for annexation to an R-1 (One Family Dwelling) and R-3
(Limited Multiple Family Dwelling), or more restrictive Zones.
The Planning Commission recommended approval of this
prezoning for the Park Stockdale Annexation.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.06.020 of
Bakersfield, California, ~arch 30, 1983 - Page 26
Chapter 17.06 (Zoning Map) of the Municipal Code of the City of
Bakersfield, regarding Prezoning of property known as Park Stock-
dale Annexation.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code by changing
the Land Use Zoning of those certain
properties in the City of Bakersfield
located on both sides of Fairfax Road,
north of Panorama Drive.
The application for this amendment was made by B. L.
Dickinson and would change subject properties from an R-1 (One
Family Dwelling) Zone to an R-1-CH (One Family Dwelling - Church),
R-2 (Limited Multiple Family Dwelling), and OS (Open Space), or
more restrictive Zones.
The Planning Commission recommended approval of this
amendment.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Title Seventeen of the
Bakersfield ~unicipal Code by changing the Land Use Zoning of
those certain properties in the City of Bakersfield located on
both sides of Fairfax Road, north of Panorama Drive.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code by changing
the Land Use Zoning of those certain
properties in the City of Bakersfield
located north of Truxtun Avenue to the
Northern City Boundary and east of the
Edison Intake Canal.
This amendment was initiated by the Planning Commission
and would change subject properties from an R-1 (One Family Dwelling)
Zone to an FP-P (Floodplain Primary) and FP-S (Floodplain Secondary)
Zones.
The Planning Commission recommended approval of this
amendment.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Title Seventeen of the
Bakersfield, California, March 30, 1983 - Page 27
407
Bakersfield Municipal Code by changing the Land Use Zoning of those
certain properties in the City of Bakersfield located north of
Truxtun Avenue to the Northern City Boundary and east of the Edison
Intake Canal.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Chapter
~7.06 (Zoning Map) of the Municipal
Code of the City of Bakersfield,
regarding Prezoning of property known
as Kern River No. 8 Annexation.
This amendment was initiated by the Planning Commission
to Zone Upon Annexation to an FP-P (Floodplain Primary), FP-S
(Floodplain Secondary), OS
Secondary) combining Zone,
restrictive Zones.
(Open Space), with an FP-S (Floodplain
and M-1 (Light Manufacturing, or more
The Planning Commission recommended approval of this
prezoning for the Kern River No. 8 Annexation.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.06.020 of
Chapter 17.06 (Zoning Map) of the Municipal Code of the City of
Bakersfield regarding Prezoning of property known as Kern River No.
8 Annexation.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Chapter
17.06 (Zoning Map) of the Municipal
Code o£ the City of Bakersfield,
regarding Prezoning o~ property known
as Kern River No. 9 Annexation.
This amendment was initiated by the Planning Commission
to Zone Upon Annexation to FP-P (Floodplain Primary) and FP-S
(F~oodp~ain Secondary) Zones.
The Planning Commission recommended approval of this
prezoning for the Kern River No. 9 Annexation.
First reading was considered given an Ordinance of the
Council of the City of Bakers£ield amending Section 17.06.020 of
Chapter 17.06 (Zoning Map) of the Municipal Code of the City of
Bakersfield regarding Prezoning of property known as Kern River No.
9 Annexation.
Bakers£ield, California, March 30, 1983 - Page 28
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Title
17 of the Municipal Code changing the
Land Use Zoning of those certain
properties in the City of Bakersfield
located south of Harris Road and east
of Stine Road, and making findings in
connection with a P.U.D. Zone.
The application for this amendment was made by Bill M.
Norman and would change subject properties from an MH (Mobilehome)
Zone to a P.U.D. (Planned Unit Development) Zone, consisting of
58 detached single family dwellings.
The Planning Commission recommended approval of this
amendment, subject to 12 additions to the plan, and made findings
delineated in Section 27.52.070 of Chapter 17.52 of the Municipal
Code.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.06.020 of
Title 17 of the Municipal Code changing the Land Use Zoning of
those certain properties in the City of Bakersfield located south
of Harris Road and east of Stine Road, and making findings in
connection with a P.U.D. Zone.
Adoption of Resolution No. 54-83 of
the Council of the City of Bakers-
field initiating proceedings for the
annexation of territory to the City
of Bakersfield indentified as Pro-
ceeding No. 798, Annexation No. 288,
in accordance with LAFCO Resolution
making determination (Park Stockdale).
This resolution initiates the proceedings for the annexa-
tion of Park Stockdale and sets the date of the protest hearing for
May ll, 1983.
Upon a motion by Councilman Ratty, Resolution No. 54-83
of the Council of the City of Bakersfield initiating proceedings
for the annexation of territory to the City of Bakersfield identified
as Proceeding No. 798, Annexation No. 288, in accordance with LAFC,~
Resolution making determination (Park Stockdale), was adopted by
Bakersfield, California, March 30, 1983 - Page 29
the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Payne, Ratty, Rockoff, Strong, Barton, Means
None
Councilman Christensen
Approval of request from the Downtown
Business Association for a Temporary
Banner Sign across Chester Avenue,
between 19th and 20th Streets,
announcing a Downtown Sidewalk Sale
April 29 and 30, 1983.
The sign would read "Downtown Sidewalk Sale, April 29th
and 30th," and would be approximately 60 feet in length and 20
inches in width, and displayed April 23rd through 30th. Pursuant
to Section 17.60.070 C of the Municipal Code, permission to allow
this type of sign is by authority of the City Council only.
Councilman Ratty stated there is no criteria for this
type of sign and if this one, and the following one on the agenda,
are approved it will open "Pandora's Box," and everyone will want
them. This matter should be sent to a Committee to set a criteria
for this type of sign.
City Manager Kelmar stated this has been discussed and
the staff of the Fire and Development Services Department have
drafted some policy guidelines. This is the first request of this
type that the Council has had in a long time and due to the time-
frame there was not time to develop a policy to take to a Committee.
Councilman Rockoff stated he has the same concerns as
Councilman Ratty, because there would be signs for very worthy
organizations over Chester Avenue 52 weeks per year. Councilman
Rockoff stated he would not vote in favor of granting these two
signs without guidelines.
Councilman Means stated that the Council should have a
policy any time a situation arises where a number of items could
come before the Council on an ongoing basis, however, in order to
allow time for these two organizations to order their banners he
felt these two requests should be granted.
410
Bakersfield, California, March 30, 1983 - Page 30
Councilman Ratty stated he felt by granting these two
requests that the Council would be setting policy. The Council
is being pushed into this because of the time-frame involved and
those organizations should have made application further in advance,
rather than waiting until the last minute.
Councilman Ratty made a motion that the matter of
setting policy for Temporary Banner Signs be re£erred to the
Business Development and Parking Committee. This motion failed
to carry by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton
Noes: Councilmen Payne, Strong, Means, Mayor Shell
Absent: Councilman Christensen
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.
In answer to a request by Councilman Strong, Director
of Fire and Development Services Needham stated the policy drafted
by the staff is:
1. Indemnify the City against any liability.
2. Show proof, by letter, that the property
owners of the building where the banner
will be connected grant permission to hang
it.
3. The signs must be of a nonpolitical nature
and of general public interest only.
4. The signs cannot be displayed for more than
14 days per year. Only one time per
organization.
5.The signs must be at least 16 feet high and
cannot block any signs or traffic signals.
6. The signs must be mounted as close to mid-
way between the block as possible and only
between 19th and 22nd Streets on Chester
Avenue.
In answer to a question by Councilman Ratty, Director
of Fire and Development Services Needham stated no more than one
sign at a time will be allowed, the reouesting organization will
hang their own sign and no specific restrictions on the width have
been set.
Bakersfield, California, March 30, 1983 - Page 31
411
Councilman Ratty requested that the business people along
Chester Avenue be polled on how they feel about these signs and the
ramifications of any organization being able to request these
banners shou2d be explained to them.
Upon a motion by Councilman Strong, request from the
Downtown Business Association for a Temporary Banner Sign across
Chester Avenue, between 19th and 20th Streets, announcing a Down-
town Sidewalk Sale April 29 and 30, 1983, with the understanding
that the interim policy as stated by Director of Fire and Develop--
ment Services Needham be referred to the appropriate committee for
study and recommendation, was approved by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmen Strong, Barton, Means, Mayor Shell
Councilmen Payne, Ratty, Rockoff
Councilman Christensen
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 Aye.
Approval of request from Buck Owens
Charities, Inc., for a Temporary
Banner Sign across Chester Avenue,
between 19th and 20th Streets,
announcing the Buck Owens Rodeo Days,
May ?th-15th.
The sign would read, "Buck Owens Rodeo Days, May 7-15th,
and would be 50 feet in length and 48 inches in width, and displayed
May 1st through 15th. Purusant to Section 17.60.070 C of the
Municipal Code, permission to allow this sign is by authority of
the City Council only.
Upon a motion by Councilman Means, request from Buck
Owens Charities, Inc., for a Temporary Banner Sign across Chester
Avenue, between 29th and 20th Streets, announcing the Buck Owens
Rodeo Days, May 7th-15th, with the understanding that the interim
policy as stated by Director of Fire and Development Services
Needham is adhered to and the entire matter of Banner Signs be
4 12
Bakersfield, California, March 30, 1983 - Page 32
referred to the Water and City Growth Committee for study and
recommendation, was approved by the following roll call vote:
Ayes: Councilmen Strong, Barton, Means, Mayor Shell
Noes: Councilmen Payne, Ratty, Rockoff
Absent: Councilman Christensen
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 Aye.
HEARINGS
This is the time set for public hearing before the Council
for hearing protests by persons owning real property within terri-
tory designated as "Kern River No. 8," proposed to be annexed to
the City of Bakersfield.
This hearing was duly advertised, posted and the property
owners, all affected City, County or Districts and LAFCO Executive
Director were notified as required by law.
This is an uninhabited annexation containing 149.31 acres
of land, located south of the Cross Valley Canal, north of Truxtun
Avenue and east of Coffee Road.
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Ratty, Resolution No. 55-83
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.
No. 8), annexed to the City
following roll call vote:
Ayes: Councilmen Payne,
Noes: None
Absent:
796, Annexation No.
of Bakersfield, was
286 (Kern River
adopted by the
Councilman Christensen
Ratty, Rockoff, Strong, Barton, Means
Bakersfield, California, March 30, 1983 - Page 33
41:2
This is the time set for public hearing before the
Council for hearing protests by persons owning real property
within territory designated as "Kern River No. 9," proposed to be
annexed to the City of Bakersfield.
This hearing was duly advertised, posted and the property
owners, all affected City, County or Districts and LAFCO Executiw?
Director were notified as required by law.
This is an uninhabited annexation containing 18.05 +
acres of land, located south of the Cross Valley Canal, north of
the Kern River and east of Coffee Road.
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Ratty, Resolution No. 56-83
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. 797, Annexation No. 287 (Kern River
No. 9), annexed to the City of Bakersfield, was adopted by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Payne, Ratty, Rockoff,
None
Councilman Christensen
CLOSED SESSION
Upon a motion by Councilman Strong,
Strong, Barton, Means
the Council recessed.
to a Closed Session at 9:40 P.M. with the City's Chief Labor
Negotiator to discuss Labor Negotiations. The regular meeting was
reconvened at 10:45 P.M.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Strong, the meeting was
adjourned at 10:45 P.M. yc~/~,/~~
MA'OR of ~City oI Bakersfield, Calif.
ATTEST:.
CITY CLERK arid E~ Officio Clerk of the Council
of the City of Bakersfield, California
ma