HomeMy WebLinkAboutAPR - JUNE 1983414
Bakersfield, California, April 13, 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., April 13, 1983.
The meeting was called to order by Vice-Mayor Barton,
followed by the Pledge of Allegiance and Invocation by Reverend
Ed Meissner, First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Councilmen Ratty, Rockoff, Barton, Christensen, Means
Payne
Absent: Mayor Mary K. Shell, Councilman Strong
Minutes of the regular meeting of March 30, 1983, were
approved as presented.
PRESENTATION OF PLAQUE
Vice-Mayor Barton congratulated and presented a plaque
to the California Avenue Park Running Jaguars and their Coach,
Virgil Wilson, for representing Bakersfield well with a National
Championship Win at the Junior Prep Basketball Tournament held
in Phoenix, Arizona, March 25-28, 1983.
Coach Virgil Wilson introduced the team, coaching staff,
parents, and thanked those firms who helped fund this year's trip
to the tournament which were, Tenneco West, Tenneco Oil Company,
Motor City and Advance Beverage Company.
Members of the Jaguars presented Vice-Mayor Barton and
Mayor Shell with Jaguars T-Shirts.
SCHEDULED PUBLIC STATEMENTS
Mrs. Norma Savage, 3700 Thoreson Avenue, Bakersfield,
expressed her concern about the selling of morally objectionable
items, specifically, the "Boobie Pillow". Mrs. Savage stated she
represents approximately 150 persons who have signed a petition
requesting that ~he Council rid the City streets of the "Boobie
Pillow".
Bakersfield, California, April 13, 1983 - Page 2
CORRESPONDENCE
Upon a motion by Councilman Rockoff, communication
from Margery D. Griffith, 3709 Thoreson Avenue, dated March 27,
1983, regarding selling "Boobie Pillows" on City Streets, was
received and referred to the Business Development and Parking
Committee.
In answer to a question, Councilman Barton stated the
communication from Margery D. Griffith, regarding selling of
"Boobie Pillows" on City Streets would be placed on the Agenda for
the Business Development and Parking Committee Meeting of April 14,
1983.
Upon a motion by Councilman Rockoff, communication from
Cattle King Estate Homeowners Association, P.O. Box 10015, received
April l, 1983, requesting immediate consideration for a fire station
in the area of the Rio Bravo Tennis Ranch, Rio Bravo Lodge, Rio
Bravo Homeowners Association Condominium Association, and Cattle
King Estates residential area, was received and referred to the
Fire and Development Services Department.
Communication from Mr.
Business Association, 1527 19th
1983, regarding problems during
Jim Treanor, President, Downtown
Street, Suite 204, dated April 12,
construction of the new parking
garage at 18th and "K" Streets, was received and referred to Business
Development and Parking Committee.
COUNCIL STATEMENTS
Councilman Payne stated he received a letter from Mr.
Dean Gay, Real Estate Developer in Kern County, who reiterated his
position on proposed ordinance changes pertaining to high-rises in
the City of Bakersfield. Mr. Gay's letter referred to a letter he
sent to the Council and Mayor Shell on January 19, 1983. He stated
at that time he supported certain proposed zone changes primarily the
parts that create the new C-3 Zone Downtown for unlimited building
heights and also permitting the Civic Center Zoning, but, he was
definitely in opposition to some of the other recommended changes.
Bakersfield, California, April 13, 1983 - Page 3
Councilman Payne stated he is going to make a motion
requesting the City Attorney prepare ~n ordinance which would,
in essence, require a 90-day moratorium on high-rise development
in all areas of the City Limits, except in the Downtown Redevelop-
ment Agency Boundaries, and that the ordinance be presented to the
Bakersfield Planning Commission for action.
Councilman Payne further stated there is a proposed High-
rise Ordinance being considered at this time in the Business
Development and Parking Committee. The proposed ordinance has been
in this Committee for sometime and will probably remain there for
sometime, because of the far reaching effects of it. There has
been some delay in action on this ordinance in order to allow
potential developers who may have projects on the drawing board
sufficient time to present them to the City for some type of con-
sideration. The City now has a major high-rise development project
proposed within the Downtown Redevelopment Agency Boundaries, which
has been submitted to Council for review, and hopefully, has the
endorsement of the Council. This is the type of project the City
has been hoping for the ~ast l0 to 15 years and it is essential
that the Council do something to protect this potential development.
If this project is approved and high rises are proposed that would
compete with it outside the Agency's Boundaries, then the City wiZL1
have two multi-million dollar projects competing for the same
potential tenants. It is necessary that the City have one major
project of this type downtown in order to basically kick-off other
projects that could actually result in Downtown Revitalization.
City Attorney Oberholzer stated he would follow the State
Law in respect to interium ordinances. State law requires that the
Council approve interium ordinances, initially, for 45 days and
then they ~oa~ be extended up to 10 months and 15 days.
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 Payne, the City Attorney was
requested to prepare an Ordinance for a 90-Day Moratorium on high--
rise development in all areas of the City Limits, except in the
Bakersfield, California, April 13, 1983 - Page 4
417
Downtown Redevelopment Agency Boundaries, and that the ordinance
be presented to the Bakersfield Planning Commission for action.
Councilman Means spoke regarding money spent through the
City for community development and the relationship of that money to
the recent survey indicating the amount of discrimination that is
occurring in rental units in Bakersfield. It is mandated, by law,
that the City have a role in insuring there is no discrimination and
there is fair housing in the city. If we do not have enforcement of
the regulations, the City is not going to see an end to the discrim-
ination of Blacks, Hispanics, Senior Citizens, or Mothers with
Children. This City has had an active and aggressive Redevelopment
Project in the downtown area and part of that is to include housing.
There is a need that is to be met
community and to this point, that
as one person on this Council, he
does get involved in this issue.
for housing for the low income
has not been met. He also state,d,
is going to make sure the City
Councilman Payne stated he agrees in certain respects,
that there is no denying descrimination in the renting of housing
does exist. He is concerned about the use of Community Development
Funds in an attempt to make the City of Bakersfield a policing agent
for this problem and does not feel the problem is one that can be
strictly monitored. The problem is onsight property managers,
because they
knowledge of
some kind of
agent.
REPORTS
Councilman Rockoff, member of the Business Development
and Parking Committee, read Report No. 6-83 regarding Emergency
Ordinance Relative to Public Danges, as follows:
At the March 16, 1983, Council Meeting, Mr.
Sam Younghans appeared before the Council
objecting to Emergency Ordinance No. 2814
relative to conduct at public dances. This
do not have to be licensed, trained, or have any basic
the laws they are violating. He is not opposed to talcing
action, but does not support the City being a policing
418
Bakersfield, California, April 13, 1983 - Page 5
matter was referred to the Business Develop-
ment and Parking Committee for review and
consideration.
This Committee subsequently met with the staff
to discuss Mr. Younghans request that persons
18 through 20 years of age be allowed to attend
public dances where alcohol is served as long
as the alcohol is dispensed in a separate
section away from the dance area.
After careful consideration of this request,
the Business Development and Parking Committee
is of the opinion that this change in the
ordinance is not beneficial to the community
at large. The new ordinance is not as restric-
tive as the County's present Dance Ordinance
with the exception of public dances held at
the Kern County Fairgrounds. We also feel
that since the legal age of drinking in
California is 21 that the new ordinance is
fair and justifiable. The Committee is, there-
fore, recommending that Emergency Ordinance No.
2814 remain intact with no changes.
Upon a motion by Councilman Rockoff, Business Development
and Parking Committee Report No. 6-83 regarding Emergency Ordinance
Relative to Public Dances, was accepted; and recommendations as
outlined in the report were approved.
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 4-83 regarding Reclassifi-
cation of I Sergeant Position to Lieutenant.
Due to increased responsibilities and duties
of the Planning, Research and Training Section
Sergeant, the Police Chief has requested that
this position be upgraded to Lieutenant.
The duties of this position include the direct
supervision of six employees; the coordination
of the academy instructions, which requires
supervision of material taught and the
monitoring of instructors, many of whom are
Sergeants and Lieutenants; this person also
trains personnel up through the rank of
Sergeant. The other two sections within the
Administrative Division, Administrative and
Vice, are presently filled by Lieutenants.
Upon approval the Lieutenant in charge of
Planning, Research and Training will report
directly to the Administration Captain, which
will permit the Administration Lieutenant more
time to supervise the Records Section. It is
anticipated that this change will ensure
continuity with training and the Office of the
Chief of Police and provide the coordination
needed in the Training Programs.
Bakersfield, California, April 13, 1983 - Page 6
419
The total annual cost for this reclassification
is $8,028, however, for the remainder of Fiscal
Year 1982-83 the additional cost would be
$1,500.
The Governmental Efficiency and Personnel Com-
mittee has reviewed this request and we concur
with the Chief of Police and City Manager with
the need for this reclassification. We are,
therefore, recommending Council approval for
the reclassification of 1 Police Sergeant
position to Lieutenant. There are sufficient
funds available in the Police Department Budget
to cover this expense for the remainder of this
Fiscal Year.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 4-83 regarding Reclassification
of 1 Sergeant Position to Lieutenant, was accepted; and recommenda-
tions as outlined in the report were approved.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 5579 to 5809,
inclusive, in the amount of $593,634.12.
(b)
Claim for Damages from Charles Walter
Brown, 1112 Pacific Street, Bakersfield.
(Refer to City Attorney)
(¢)
Maps of Tract No. 4587, Units A & B, and
Improvement Agreements with Covington
Technologies for construction of improve-
ments therein, located south of Pacheco
Road, east of South "H" Street.
(d)
Improvement Agreement for Parcel Map No.
6547 for construction of improvements
therein, Road Easements for Old River
Road, Camino Media and Forum Way, and
Water Pipeline Easement with Tenneco
Realty Development Corporation as required
by the Planning Commission for Parcel Map
No. 6547, located at northeast corner of
Ming Avenue and Old River Road.
(e)
Improvement Agreement for Parcel Map No.
6754 with Gary Lasater Construction for
construction of improvements therein
required by the Planning Commission,
located west of South "H" Street on the
south side of Hendricks Lane.
(f)
Notice of Completion and Acceptance of
Work on resurfacing White Lane - Wible
Road to Freeway 99, Calcutta Street -
South "H" Street to Santa Cruz Street,
Benton Street - Planz Road to Lacey
Street, Contract No. 82-219 with Granite
Construction.
420
Bakersfield, California, April 13, 1983 - Page 7
(g)
Plans and Specifications for Engineered
Metal Building for Ashe Water Pumping
Station No. 12.
(h)
Contract Change Order No. i to Contract
No. 82-216 with McLaughlin Construction
for demolition of part of a structure on
the Senior Center Site to allow for con-
struction of parking area thoroughfare.
This item was not included in the original
scope of work because the thoroughfare
issue had not been resolved with BARC,
the present tenant on the adjacent site.
The Senior Center contractor has submitted
a bid of $2,500 to demolish the structure
and construct a partition wall. This
figure was acceptable to the project
architect and staff. Community Develop-
ment funds are available in the project
budget to pay for this Change Order.
(i)
Contract Change Order No. 12-A to Contract
No. 80-48 with Granite Construction Company
for Truxtun Avenue Extension, Phase II, FAU
Project No. M-F 252(1). Contract Change
Order No. 12 was estimated to be $50,000
of extra work at Force Account. Total
extra work actually necessary to complete
Contract Change Order No. 12 was $57,380.74.
Total cost of this Change Order is $7,380.74,
which increases the contract cost to
$3,074,688.93. This change will be funded
with State Grade Separation Funds.
(J)
Contract Change Order No. 13 to Contract
No. 80-48 with Granite Construction Company
for the Truxtun Avenue Extension, Phase II,
FAU Project No. M-F 252(1). This Change
Order is necessary to remove existing 8-
inch intake pipeline from the underpass
pump station and replace it with 12-inch
pipeline. This change was required by
Caltrans to prevent the existing pumps
from cavitating. Total estimated cost of
this Change Order is $24,000, which in-
creases the contract cost to $3,098,688.93.
This change will be funded with State Grade
Separation Funds.
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i) and (j) of the Consent Calendar, were
adopted by the following roll call vote:
Ayes:
Councilmen Ratty, Rockoff, Barton, Christensen, Means,
Payne
Noes: None
Absent: Councilman Strong
Bakersfield, California, April 13, 1983 - Page 8
42l
conflict
matter.
ACTION ON BIDS
Councilman Ratty stated that due to a real
of interest he would not participate in the
or imaginary
following
Upon a motion by Councilman Rockoff, bid "A" of Parr
Contracting Company, in the amount of $2,683,000, for Design and
Construction of 18th and Eye Streets Parking Structure, was
accepted, subject to the sale of tax allocation bonds, all other
bids rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Payne, low bids of Halprin
Supply Company (3 items), in the amount of $8,670.01, and L. N.
Curtis & Sons (3 items), in the amount of $2,717,31, for Fire
Department apparel (Firefighting Equipment), were accepted and
all other bids rejcted.
Upon a motion by Councilman Christensen, low bid of
Hoven and Company, in the amount of $8,110.30, for Annual Contract
for Blueprint Reproduction (A.C.B. No. 13384), was accepted, the
other bid rejected and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Rockoff, low bids of Tree
Haven (4 items), in the amount of $6,407.70, Ferrel's Landscaping
(6 items), in the amount of $4,457.09, and Oki Nursery (3 items),
in the amount of $2,141.98, for plants and trees for the Parks
Department, were accepted and all other bids rejected.
Upon a motion by Councilman Payne, low bid of Webb
Electrical of Ontario, California, in the amount of $10,021, for
modification of Traffic Signal on White Lane at Wible Road, was
accepted, all other bids rejected and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Christensen, low bid of
Pacific Power, Inc., in the amount of $5,656.16, for a trailer
mounted generator for the Water Resources Department, was accepted
and all other bids rejected.
422
Bakersfield, California, April 13, 1983 - Page
DEFERRED BUSINESS
Adoption of Ordinance No. 2835 New
Series of the Council of the City of
Bakersfield adding Section 3.20.125
to the Bakersfield Municipal Code
regarding Sale of Surplus Real
Property.
Upon a motion by Councilman Payne, Ordinance No. 2835
New Series of the Council of the City of Bakersfield adding Section
3.20.125 to the Bakersfield Municipal Code regarding Sale of Surplus
Property,
Ayes:
Noes;
Absent:
was adopted by the following roll call vote:
Councilmen Ratty, Rockoff, Barton, Christensen, Means,
Payne
None
Councilman Strong
Adoption of Ordinance No. 2836 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 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) Zones.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Rockoff, Negative Declaration
and Ordinance No. 2836 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 both sides of Fairfax Road,
north of Panorama Drive, finding said zonings consistent with the
General Plan, were adopted by the following roll call vote:
Ayes: Councilmen Ratty,
Payne
Noes: None
Absent: Councilman Strong
Rockoff, Barton,
Christensen, ~qeans,
Bakersfield, California, April 13, 1983 - Page l0
Adoption of Ordinance No. 2837 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 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.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2837 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 north of Truxtun Avenue to the
Northern City Boundary and east of the Edison Intake Canal, were
adopted by the following roll call vote:
Ayes
Councilmen Ratty, Rockoff, Barton, Christensen, Means,
Payne
Noes None
Absent: Councilman Strong
Adoption of Ordinance No. 2838 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 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.
424
Bakersfield, California, April 13, 1983 - Page
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2838 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 south of Harris Road and east
of Stine Road, and making findings in connection with a P.U.D.
Zone, finding said zoning consistent with the General Plan, were
adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Christensen, Means,
Payne
Noes: None
Absent: Councilman Strong
Adoption of Ordinance No. 2839 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 Park Stockdale 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-3 (Limited Multiple Family Dwelling)
Zones.
The Planning Commission found the proposed zoning con-
sistent with the Land Use Element of the General Plan and recom-
mended approval.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2839 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 Park Stockdale Annexation, finding
said zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Christensen, Means,
Payne
Noes: None
Absent: Councilman Strong
Bakersfield, California, April 13, 1983 - Page 12
Adoption of Ordinance No. 2840 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 River No. 8 Annexation.
This amendment was initiated by the Planning Commission
and would prezone those certain properties for annexation to FP-P
(Floodplain Primary) and FP-S (Floodplain Secondary, combining
Zone, and M-1 (Light Manufacturing) Zones.
The Planning Commission found the proposed zoning con-
sistent with the Land Use Element of the General Plan and recom-
mended approval.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2840 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 River No.
said zoning consistent with the General Plan,
following roll call vote:
Ayes Councilmen Ratty, Rockoff, Barton, Christensen, Means,
Payne
Noes None
Absent: Councilman Strong
Adoption of Ordinance No. 2841 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 River No. 9 Annexation.
This amendment was initiated by the Planning Commission
and would prezone those certain properties for annexation to FP-P
(Floodplain Primary) and FP-S (Floodplain Secondary) Zones.
The Planning Commission found the proposed zoning con-
sistent with the Land Use Element of the General Plan and recom-
mended approval.
8 Annexation, finding
were adopted by the
Bakersfield, California, April 13, 1983 - Page
Ayes:
Noes:
Absent:
Councilmen Ratty,
Payne
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2841 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 River No. 9 Annexation, finding
said zoning consistent with the General Plan, were adopted by the
following roll call vote:
Rockoff, Barton, Christensen, Means,
Councilman Strong
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 5.44.130 of the
Bakersfield Municipal Code relative
to Teenage Centers and Public Dances.
This ordinance amends Section 5.44.130 of the Bakersfield
Municipal Code, which currently exempts public dances at teenage
centers from provisions prohibiting persons less than sixteen
years old from attending public dances, but which does not define
"teenage centers," by adding a definition of teenage centers.
Such centers are defined as facilities for recreation of persons
ages 13 through 19 operated by nonprofit, charitable, religious
or similar organizations.
Upon a motion by Councilman Rockoff first reading was
considered given an Ordinance of the Council of the City of Bakers-
field amending Section 5.44.130 of the Bakersfield Municipal Code
relative to Teenage Centers and Public Dances and the ordinance
was referred to the Business Development and Parking Committee.
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 at the northeast corner of
Panama Lane and Wible Road.
None
Bakersfield, California, April 13, 1983 - Page 14
427
The application for this amendment was made by James T.
Rowland and would change subject property from an "A" (Agricultural)
Zone to a C-1 (Limited Commercial), or more restrictive Zone.
The Planning Commission recommended approval of this
amendment.
First reading was considered given an Ordinance amending
Title Seventeen of the Bakersfield Municipal Code by changing the
Land Use Zoning of those certain properties in the City of Bakers-
field located at the northeast corner of Panama Lane and Wible
Road.
Adoption of Resolution No. 57-83 of
the Council of the City of Bakers-
field approving the Kern County
Federal Aid Urban Process and Pro-
gram for the Bakersfield Urbanized
Area and the Committee Cooperative
Process for its implementation.
The Federal Highway Act of 1982 continues the
Urban (FAU) System and Program and this resolution will
projects the City will construct under this Program.
All projects in the 1982 FAU Program are in the City's
5-Year Capital Improvement Program.
Upon a motion by Councilman Rockoff, Resolution No. 57-83
of the Council of the City of Bakersfield approving the Kern County
Federal Aid Urban Process and Program for the Bakersfield Urbanized
Area and the Committee Cooperative Process for its implementation,
was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Christensen, Means.
Payne
Noes: None
Absent: Councilman Strong
Approval of the Community Develop-
ment Housing Assistance Plan.
Localities receiving Community Development Block Grant
Funds are required to submit a Housing Assistance Plan (HAP). The
Plan assesses the housing needs of the low and moderate income
families within its jurisdiction and provides goals upon which
HUD approves or disapproves assisted housing.
Federal Aid
confirm the
425
Bakersfield, California, April 13, 1983 - Page 15
Upon a motion by Councilman Ratty, Community Development:
Housing Assistance Plan was approved and staff directed to submit
the Plan to the Department of Housing and Urban Development for
review.
Councilman Ratty stated, due to a real or imaginary con-
flict of interest, he ~ould not participate in the following two
items on the agenda.
Adoption of Resolution No. 58-83 of
the Council of the City of Bakers-
field approving the issuance of
$6,130,000 Downtown Bakersfield
Redevelopment Project, Tax Allocation
Bonds, 1983, by the City of Bakers-
field Redevelopment Agency pursuant
to Section 33445 of the Health and
Safety Code.
Upon a motion by Councilman Rockoff, Resolution No. 58-83
of the Council of the City of Bakersfield approving the issuance of
$6,130,000 Downtown Bakersfield Redevelopment Project, Tax Allocation
Bonds, 1983, by the City of Bakersfield Redevelopment Agency pursuant
to Section 33445 of the Health and Safety Code, was adopted by the
following roll call vote:
Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne
Noes: None
Absent: Councilman Strong
Abstaining: Councilman Ratty
Adoption of Resolution No. 59-83 of
the Council of the City of Bakers-
field approving Amendment No. 1 to
the Lease Agreement.
This resolution authorizes the transfer of the lease from
the "K" Street Parking Garage to the garage to be built at 18th an,~
Eye Streets. This will then allow the sale of the "K" Street
Garage to be consummated upon the completion of the garage at 18th
and Eye Streets.
Upon a motion by Councilman Rockoff, Resolution No. 59-813
of the Council of the City of Bakersfield approving Amendment No. i
Bakersfield, California, April 13, 1983 - Page
429
to the Lease Agreement, was adopted by the following roli call
vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Rockoff, Barton,
None
Councilman Strong
Councilman Ratty
ADJOURNMENT
There being no further business
Council, upon a motion by Councilman Christensen,
adjourned at 8:00 P.M.
Christensen Means, Payne
to come before the
the meeting was
V~.~E-MAYOi~/of the City of Bakersfield, Calif.
ATTEST:
~-~'~ ~ ' , ~.,
Ex,'Officio Clerk of the Council
of the City of Bakersfield, California
cw/ma
Bakersfield, California, April 20, 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., April 20, 1983.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Dr. Clyde Wasdin of
the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Shell.
Absent: None
Councilmen Rockoff, ~trong, Barton,
Christensen, Means, Payne, Ratty
SCHEDULED PUBLIC STATEMENTS
~r. Ralph Anthony, President of Lakeview Community
Corporation and Lakeview Project Area and representing the Lake-
view Project Area Committee, 607½ East 4th Street, stated that he
and the people with him in the audience were present because of
the report on the agenda regarding the Lakeview Neighborhood
Revitalization Strategy. They were in favor of the strategy plan
that was being formed, even though they preferred that the area
be declared a redevelopment area. However, they were strongly
opposed to the rezoning of the Lakeview Area in Census Tract 22.
They were opposing it based on the information received from area
residents. The City was requested, instead of rezoning, to include
the adjoining industrial and commercial areas and keep Lakeview
Avenue as a commercial district, coordinate efforts between the
Lakeview Avenue Redevelopment Study and Southeast Enterprise Zone
Study and City staff meet with representatives of the Lakeview
Project Area Committee for the purpose of reviewing, discussing
and coordinating all proposals to redevelop the Lakeview Area.
~r. Anthony indicated he has access to 1,000 signatures of persons
who live and operate businesses in that area that are against the
rezoning of Census Tract 22. They are requesting that the City
not proceed with the implementation of the Strategy Plan, as
presently proposed. They are requesting that the portion of the
Bakersfield, California, April 20, 1983 - Page 2
plan calling for rezoning of Census Tract 22 be removed or held
up until a new Councilman is elected for Ward No. 1 and City staff
be instructed to meet with the Lakeview Area Project Committee to
develop a plan with community input that they can support. They
cannot and will not support rezoning because it will not solve any
of their problems.
In answer to a question by Councilman Strong, Mr. Anthony
stated the reason they are here tonight is that they object to
Recommendation No. 3 in the report, which would authorize sta£f to
proceed with implementation of the strategy.
Councilman Strong stated the only action to be taken by
the Council tonight will be to refer the Lakeview Neighborhood
Revitalization Strategy to the Planning Commission for a hearing
tomorrow night and then it will come back to the Council for a
decision.
City Manager Kelmar stated a hearing will be held tomorrow
night before the Planning Commission regarding the rezoning. The
only thing the Council will do tonight is simply refer the sta£f's
recommendations to the Planning Commission £or study and recom-
mendation. The staff will not begin a program on the rezoning
until a determination has been made by the Council, when it comes
back from the Planning Commission. It would be more appropriate
for the people in the community to appear tomorrow night before
the Planning Commission and express their concerns.
Councilman Strong stated he did not want these people to
think that this is a mechanism by which the Council is hoping to
circumvent them and the concerns o£ the community. The Council
fully recognizes that, in time, they will have to come £ace to
face with this matter and make a decision. Hopefully, that decision
will be made before he vacates his seat as Councilman of the First
Ward. It is important, however, that they know what the procedures
are. To sit here and hear all the people that want to speak tonights,
Bakers£ield, California, April 20, 1983 - Page 3
when the Council will not be making a decision, is premature. It
will be to everyon~s advantage to speak at a time when the Council
plans to make a decision.
CORRESPONDENCE
Upon a motion by Councilman Payne, communication from
Allily Crisp, 514 South Haley Street, dated April ll, 1983, re-
questing an explanation, in writing, of the rezoning of Sunset
Tract, was received and referred to the Community Development
Department.
Upon a motion by Councilman Rockoff, communication from
Mr. Roger Schlesinger, 1527 - 19th Street, Suite 200, dated April
14, 1983, requesting an Inducement Resolution to utilize Industrial
Development Bonds for financing the renovation of the Brower Building
located at the corner of 19th and Eye Streets, was received and
referred to the Budget Review and Finance Committee.
Upon a motion by Councilman Christensen, communication
from Esther H. Manzano, Publisher of E1Mexicalo Newspaper, 931
Niles Street, dated April 10, 1983, requesting that the Council
consider extending the boundary line for the Community Development
Redevelopment Area to the area one block east of Beale Avenue, was
received and referred to the Economic Development Department.
Upon a motion by Councilman Christensen, communication
from Mrs. R. F. Westbrook, 7500 Bonanza Drive, dated April 14, 1983,
regarding problems in transporting convalescent hospital patients,
who are in wheelchairs, to areas outside the operating boundaries
of GET-A-LIFT and KARE, was received and referred to staff.
Upon a motion by Councilman Means, petition from residents
of Kern City, received ~arch 14, 1983, opposing zoning of a portion
of the Kern City Golf Course to allow building of family dwellings
or condominiums, was received and referred to the Planning Com-
mission.
Upon a motion by Councilman Ratty, communication from
Roger J. Jaedes, Marie Carlisle, Elmer Goertz and Charles Teubner,
Bakersfield, California, April 20, 1983 - Page 4
residents of Cypress Point Drive, dated April 15, 1983, expressing
their opposition to any zone change of the Kern City Golf Course
that will allow residential and/or commercial construction, was
received and referred to the Planning Commission.
Upon a motion by Councilman Strong, communication from
Bakersfield Senior Center, 530 Fourth Street, dated April 15, 1983,
requesting a letter of support from the Council for the operation
of an information and referral program for senior citizens, was
received and referred to the Budget Review and Finance Committee.
REPORTS
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 12-83 regarding Council Policy
of Use of Revenue Sharing Funds, as follows:
On December 16, 1981, the City Council approved
recommendations from this Committee with regards
to Council Policy in the use of Revenue Sharing
Funds.
While drafting and approving the recommendations,
this Committee and the Council recognized from
time to time there may be requests and projects
other than Capital Improvements which the
Council may wish to review and possibly fund
with the use of Revenue Sharing Funds. In
light of these considerations Council Policy
provided for the possibility of funding such
requests, however, the Policy stated that
"highest priority be given for the use of
Revenue Sharing Funds for Capital Projects which
serve all the residents of the City of Bakers-
field."
This Committee has continued to review the
Council Policy and the use of Revenue Sharing
Funds. Although we recognize the need and
benefits to the community of the various organi-
zations requesting funding, we continue to
believe Capital Improvement Projects serving
"all the residents of the City of Bakersfield"
to be of the highest priority for Revenue Sharing
Funds.
Therefore, in light of this priority and the
financial constraints being faced today we
recommend the City Council adopt a new policy
whereby Revenue Sharing Funds will be used
"only for Capital Projects and expenditures
which serve all the residents of the City of
Bakersfield."
4. 4
Bakersfield, California, April 20, 1983 - Page 5
Councilman Means stated he cannot support this policy
because it is too rigid and goes too far.
Councilman Strong stated he has a problem removing the
Council and staff's discretion in using these funds by implementing
this policy and cannot support the motion.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 12-83 regarding Council Policy on
Use of Revenue Sharing Funds was accepted; and the Council adopted
a policy whereby Revenue Sharing Funds will be used only for Capital
Projects and expenditures which serve all the residents of the City
of Bakersfield, by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Payne, Ratty
Noes: Councilmen Strong, Christensen, Means
Absent: None
Upon a motion by Councilman Strong the ordinance under
Deferred Business regarding Conditional Use Permits was moved
forward on the agenda to be considered at this time.
DEFERRED BUSINESS
Rejection of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 17.66 of the Bakers-
field Municipal Code by amending
Section 17.66.010 A. relative to
Conditional Use Permits.
Councilman Strong stated this ordinance concerns him
because of the impact it would have on Southeast Bakersfield. The
report that will be presented tonight regarding the Lakeview
Neighborhood Revitalization Strategy refers to the present ordinance
and assumes it would not be changed. The present ordinance has been
in existence for a long time and worked rather well and also
recognizes the Council as the ultimate authority on land use.
Assistant Planning Director Hardisty stated this ordinance
was originally introduced to be a cleanup action to achieve a
greater consistency between various parts of the Zoning Ordinance.
The present ordinance provides that if someone has a proposal for
Bakersfield, California, April 20, 1983 - Page 6
some use not listed in the Zoning Ordinance, they would apply for
a Conditional Use Permit. The adjacent property owners would be
notified and a public hearing conducted on the requested use. This
ordinance provides that applications can be made for uses specifi-
cally listed to be heard for that zone district, rather than having
the open-endness that any use may be applied for and permitted in
any zone district. The passage of this ordinance would remove the
immediate flexibility available to people, however, it would provide
a firmer guideline to staff, Board of Zoning Adjustment and Council
as to what uses would be considered in different zone districts.
In answer to a question by Councilman Strong, Assistant
Planning Director Hardisty stated if the ordinance does not specifi-
cally list a use that would be permitted in a particular zone the
Board of Zoning Adjustment and Council would not have the immediate
discretion of allowing that use. The ordinance would have to be
amended to list that use and then a public hearing conducted.
Councilman Strong stated that concerns him. He felt the
referral process has worked very well. It has not been abused and
staff has done an excellent job exercising discretion. He would
like to leave that discretion with staff and ultimately the Council,
especially in view of the fears of the people present tonight.
Mr. Tom Fallgatter, Attorney, stated this ordinance grew
out of a problem that came before the Council last August. He
does not object to this cleanup ordinance, however, that same
Impound Yard will come before the Council seeking a Conditional Use
Permit under the present ordinance. This ordinance was suppose to
have been acted upon in conjunction with another ordinance allowing
Impound Yards in an M-1 Zone. If this ordinance is adopted now
his client will be in the same position she was in last year. Mr.
Fallgatter requested that action on this ordinance be deferred for
two weeks.
Upon a motion by Councilman Strong, Ordinance of the
Council of the City of Bakersfield amending Chapter 17.66 of the
Bakersfield, California, April 20, 1983 - Page 7
Bakers£ield Municipal Code by amending Section 17.66.010 A. relative
to Conditional Use Permits, was rejected by the following roll call
vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
Noes: None
Absent: None
Community Development Coordinator Grady recapped the
following report regarding Lakeview Neighborhood Revitalization
Strategy:
The subject strategy was presented to the City
Council at their regularly scheduled meeting on
November 17, 1982. The strategy was prepared
in response to the Lakeview Avenue Neighborhood
Redevelopment Feasibility Study completed by
Katz, Hollis and Associates in July, 1982.
Council authorized staff to seek community
input from the residents in the area and report
back to them on the results.
The community meetings were organized to insure
contact with identified groups, organizations
and associations concerned with the neighbor-
hood. Property owners, both residents and non-
residents, as well as the community at large
were formally notified about our meetings. The
meetings were held with each group on December
15, 1982, January 24, 1983. and February 28,
1983.
At all meetings the four point strategy was
discussed which involves: Economic Development
activities for job creation; Land Use, Zoning
and Ordinances for abandoned vehicles, property
maintenance, and rezoning for land use stabili-
zation; Housing for low and moderate income
families, and Neighborhood Commercial Develop-
ment. The only area of extensive discussion
dealt with the issue of rezoning. Questions
were responded to regarding the elimination of
commercial zoning on Lakeview Avenue and promoting
commercial development on California Avenue and
Brundage Lane. Questions were also responded to
regarding the creation of an R-1 Zone. In both
cases the questions revolved around the impact
on existing uses that would become nonconforming
as a result of the rezoning and the impact on
property values.
The rezoning of the commercial land on Lakeview
Avenue was developed to eliminate the concen-
tration of bars, liquor stores, taverns and other
liquor related establishments from the heart of
Bakersfield, California, April 20, 1983 - Page 8
437
an impacted residential community. Opportunities
would be created for business development along
California and Brundage to better service the
neighborhood commercial needs of the community.
The creation of an R-1 Zone would provide for
the stabilization of land use patterns in the
area. The predominant zoning in the area is
R-2 for limited multiple family dwellings.
However, the predominant land use is R-1 with
single family dwellings. The R-1 Zone would
stabilize the single family land usage and
protect that use from the encroachment of higher
density uses. Higher density residential uses
in impacted communities work against revitali-
zation because they increase the target population
without regard to their income. Because of the
low income of the population, market rates for
homeownership and rentals in most cases are
unaffordable. Therefore, you end up with an
increased number of families receiving public
assistance concentrated in an area that is
already overburdened with low income families.
This results in a lack of economic growth,
stagnation, disinvestment and the general
decline of a community. The creation of the
R-1 Zone would combat the density problem by
controlling the percentage of land devoted to
single family and multi-family usage.
The overall impact of the rezoning issue on
existing land uses is addressed in Section
17.08.060 of the Bakersfield Municipal Code.
This section sets forth the regulations for
nonconforming buildings and uses. .It states
that nonconforming buildings and uses may be
continued and maintained provided there is
no physical change other than necessary main-
tenance and repair and that no increase or
enlargement of the area, space or volume
occupied or devoted to such use may occur.
Also, any use is discontinued or abandoned for
a period of one year or more, shall not be
used or occupied for a nonconforming use again.
Particular to the rezoning on Lakeview Avenue
Section 17.08.060 (F&H) addresses uses not
permitted in R Zones and uses that become non-
conforming as a result of rezoning. According
to this section, commercial uses in the proposed
R-1 Zone would have to be completely removed
or converted to an R-2 use within 40 years
computed from the date the building was erected.
Staff feels that the rezoning of Lakeview Avenue
is an essential part of the revitalization
strategy. Current zoning wou~d allow for the
continuance of uses that are having a blighting
influence on the community. The existing uses
that are having a negative impact on the com-
munity would be able to continue and new ones
could open without the community having any
voice in the matter. Once the property is re-
zoned the community could voice their concerns
Bakersfield, California, April 20, 1983 - Page 9
regarding any proposed new businesses on Lake-
view Avenue through the Conditional Use Permit
process. Section 17.66.010 (A) of the Bakers-
field ~unicipal Code states that uses may be
permitted by the Board of Zoning Adjustment and
City Council in zones from which they are pro-
hibited if the use is deemed essential or
desirable to the public convenience or welfare.
Any proposed new business would have to apply
for a Conditional Use Permit. The business use
would be reviewed by the Board of Zoning Adjust-
ment, City Council and the community at scheduled
public hearings.
A preliminary zoning map has been prepared
presenting a proposal for areas to be rezoned
and areas to be unchanged. The proposed zoning
map is attached to this report for your review.
A great deal of this report was devoted to the
issue of rezoning because it was the only area
of real controversy at our public meetings.
There weren't any arguments against the need
for economic development, sound affordable
housing or commercial development in the area.
There was a great desire for change expressed
at our meetings along with support for the
efforts ongoing by the City. Revitalization
of Census Tract 22 will not occur in a short
period of time. However, through an organized
implementation of the proposed revitalization
strategy improvements will be made to the
environment of the Lakeview Community. An
atmosphere for economic growth, the improve-
ment of the housing stock and neighborhood
commercial development can occur over the
next five to ten years with participation from
Community Development Block Grant Funds.
Initially that participation may be substantial,
but if the appropriate opportunities are
cultivated for business development, the private
section will take back the lead in revitalizing
the area.
Therefore, it is recommended that:
1. The Council receive the staff report.
Authorize staff to proceed with the public
hearing before the Planning Commission
scheduled for Thursday, April 21, 1983, on
the rezoning in Census Tract 22.
3. Authorize staff to proceed with implemen-
tation of the strategy.
Councilman Strong stated what Mr. Grady is saying, is
that, the action taken by the Council tonight will allow businesses
to go in on Lakeview Avenue the same as in the past, except they
would have to obtain input from the community. The person going
Bakersfield, California, April 20, 1983 - Page 10
4. 9
into business would have to notify people in the area about what
he is planning and how it will be operated. Without this zone
change the individual will be allowed to go in whether the people
want it or not. The people here tonight are probably here because
they want input as to what takes place on Lakeview Avenue and in
Census Tract 22, and that is what the City is trying to give them.
If it is done strictly on a basis of zoning then the people will
not have a say as to how many apartments are built next to their
residence. This is just a way to give the residents a handle on
what takes place in their community, not the Council or anyone
else. After the hearing before the Planning Commission, and before
it comes back to the Council, it is hoped that everyone understand. s
what Mr. Grady is attempting to do in this strategy. Councilman
Strong stated the staff and Council are willing to answer any
questions and urged the people not to go on what they are being
told by someone else, because they may not be telling the truth.
The Council does not have anything to hide, they are trying to do
a job, are concerned about the community and spending a lot of
money in that community for the first time. What the Council and
staff has in mind is what is best for the people in Census Tract
22. Councilman Strong thanked the staff and Mr. Grady for all the
work they have done in the Southeast Area of Bakersfield. The
Council will make the final decision and that is who the people
should ta~k to.
Rosetta Brown, resident of Census Tract 22, stated
Councilman Strong says he has their interests at heart and knows
what they need. One person cannot tell another what he needs. She
worked hard for her home. Apartments are already all over the
neighborhood and now they are saying it should be rezoned. Every
neighborhood should have a corner grocery store. This will not
stop crime because drugs are already all over Bakersfield. The
suppliers have to be stopped, then the problem will be solved.
440
Bakersfield, California, April 20, 1983 - Page ll
Let the people of the neighborhood get together and do something
about it or there will be a revolt out there.
Councilman Strong stated when this issue goes before
the Planning Commission and comes back to the Council he will have
the courage to make a commitment. People can be hanging out of
the rafters, across the tracks, laying down, etc., however, he
will vote his convictions. He thinks the people should be heard
and will give them every right to be heard, but it will not change
the Council's position because the people are out there. What will
change the Council's position are the facts. The facts are that
the City staff has worked very hard and there are a number of people
out there that support the Council's position. People in Census
Tract 22 will not be served by meetings after meetings after meetings.
When the decision is going to be made the people should be here. It
is not going to be made tonight. Tonight it will be referred to
Planning Commission for further study and recommendation and that
is the motion he plans to make, with the deletion of Recommendation
No. 3.
Mr. Herb Bias, property owner on Lakeview Avenue, stated
he has never personally met Councilman Strong and he intends to
attend the Planning Commission meeting tomorrow night and voice
his opinion. It is not the idea of being afraid of anything, but
if Councilman Strong thinks the people on Lakeview Avenue are going
to be sold down the river he had better be afraid.
Upon a motion by Councilman Strong, report from the City
Manager's Office regarding Lakeview Neighborhood Revitalization
Strategy, was accepted; and staff was authorized to proceed with
the public hearing before the Planning Commission scheduled for
Thursday, April 21, 1983, on the rezoning in Census Tract 22.
Mayor Shell declared a brief recess at 8:15 P.M. and
reconvened the meeting at 8:25 P.M.
Councilman Payne, member of the Legislative Committee,
read Report No. 2-83 regarding Review of Senate Bill 778 (Binding
Arbitration for Police Officers and Fire Fighters), as follows:
Bakersfield, California, April 20, 1983 - Page
441
The Legislative Committee met on April 20, 1983,
to discuss Senator Dills' Binding Arbitration
Bill for Police Officers and Fire Fighters.
Senate Bill 778 is similar to Assembly Bill 187
which the City Council has previously opposed.
Both Bills require Binding Arbitration of
Police Officer and Fire Fighter labor disputes.
Senate Bill 778, however, provides for Binding
Arbitration on economic issues only.
This Bill prohibits Police Officers and Fire
Fighters from engaging in strikes over economic
issues. However, present State laws and court
decisions prohibit public employees, including
Police Officers and Fire Fighters, from striking.
This Bill adds no new prohibitions against
strikes. If anything, it is possible to
interpret the provisions of Senate Bill 778 to
allow strikes over non-economic issues. This
Bill, like Assembly Bill 187, provides that the
arbitrator must decide in £avor of either the
employer's final offer or the employee organi-
zation's final offer and permits no compromise
between the offers.
In addition, Senate Bill 778 removes from the
local governmental bodies the authorization
and power to establish wages and salaries for
its Fire and Police employees.
The Bill authorizes an arbitrator to decide
the financial ability of the local governmental
agency to pay the costs related to wages,
salaries and fringe benefits for Police and
Fire Fighters. The arbitrator would have the
ability to dictate local-budgetary priorities
through the Binding Arbitration process proposed
by Senate Bill 778.
The Committee recommends the City Council adopt
the resolution opposing Senate Bill 778 and
authorize the Mayor and any Council member to
appear before. appropriate State Legislative
Committees to testify in opposition to the
passage of Senate Bill 778.
Adoption of Resolution No. 60-83 of
the Council of the City of Bakers-
field opposing Senate Bill No. 778
(Mandatory Binding Arbitration).
Upon a motion by Councilman Payne, Legislative Committee
Report No. 2-83 regarding Review of Senate Bill 778 (Binding
Arbitration for Police Officers and Fire Fighters), was accepted;
Resolution No. 60-83 opposing Senate Bill 778 (Mandatory Binding
Arbitration), was adopted; and the Mayor was authorized to appear
before the appropriate State Legislative Committees to testify in
443
Bakersfield, California, April 20, 1983 - Page 13
opposition to the passage of Senate Bill 778,
roll call vote:
Ayes:
Noes:
Absent:
Councilmen Rockoff,
Ratty
by the following
Strong, Barton, Christensen, Payne,
Councilman Means
None
Councilman Means stated he voted no because he just
received this report tonight and did not feel it is appropriate.
NEW BUSINESS
Adoption of Resolution No. 61-83 of
the Council of the City of Bakers-
field authorizing the Director of
Public Works to submit a request to
Caltrans for a supplemental allocation
for the Chester Avenue Underpass in
the City of Bakersfield.
The project is complete and final costs have been deter-
mined. This authorization will allow the City to obtain approxi-
mately $1,300,000 in additional funds from the State for this
project. $2,134,400 has been obligated by the State, to date, and
this request will increase the State obligation to approximately
$3,434,400.
Upon a motion by Councilman Christensen, Resolution No.
61-83 of the Council of the City of Bakersfield authorizing the
Director of Public Works to submit a request to Caltrans for a
supplemental allocation for the Chester Avenue Underpass in the
City of Bakersfield, was adopted by the following roll call vote:
Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
Ayes:
Noes: None
Absent: None
HEARINGS
This is the time set for public hearing before the
Council on an Appeal by 18 Surrounding Property Owners to the
decision of the Board of Zoning Adjustment granting an application
for a Conditional Use Permit, with five conditions, to Jean
Bakersfield, California, April 20, 1983 - Page 14
44:
Curutchague to allow a banquet room to serve alcoholic beverages
when served together with and incidential to the serving of food
and to permit catering of food in a C-1 (Limited Commercial) Zone,
affecting that certain property in the City of Bakersfield commonly
known as 208 Oak Street.
This hearing was duly advertised and the property owners
notified as required by law.
Letters of opposition to the granting of the Conditional
Use Permit were received from the following persons:
Mrs. Marion Dievendorff, 3017-C Bank Street
Harolyn Johnson
Lorraine O. Johnson, 175 Oakbank Road
Esther Bassett, 3030 Verde Street, Apt. 9
Mr. & Mrs. Glen Gallatin, ll0 North Olive Street
Ronald C. King, 3030 Verde Street, Apt. 27
Marie Riley, 3019-D Bank Street
Betty L. Pruett, 3030 Verde Street, Apt. 12
James J. & Mary C. Helton, 3017-A Bank Street
Cindy Holbert,
· Jay L. Taylor,
Jewell Stimmer,
3019-A Bank Street
3030 Verde Street, Apt.
3030 Verde Street, Apt.
Carolyn G. Kelleher, 3030 Verde Street,
Cliffie Chapman, 3030 Verde Street, Apt. 5
Teresa Hopkins, 3026 Verde Street, Apt. 4
D. C. Sliger, 135 Olive Street
George Globe, D.D.S., 185 Oakbank Road
Glen E. Hamilton, 120 Olive Street
Nellie L. Thomas, 204 Oakbank Road
Mr. & Mrs. Richard Benston, 211 Oakbank Road
Lloyd K. Kumataka, 3100 Verde Street
Jerry & Christy G. Stanley, 3100 Bank Street
Evelyn M. Jenkins, 3917 Erin Court
John Dumler, 220 Oakbank Road
24
19
Apt. 30
444
Bakersfield, California, April 20, 1983 - Page 15
pation.
Mayor Shell declared the hearing open for public partici-
~rs. Carol Benston, 211 Oakbank Road, presented the
Council with pictures of her neighborhood and spoke in opposition
to the application for a Conditional Use Permit citing problems
the adjacent property owners have with noise, litter, and parking
from the patrons of the Chalet
banquet hall.
Mrs. Stephanie Lynch,
Basque Restaurant and adjacent
150 Oakbank Road, spoke in
opposition to the application for a Conditional Use Permit and
reiterated the problems associated with patrons of the restaurant
and banquet hall.
Mr. Jason Agerton, 125 Olive Street, spoke in support
of the application for a Conditional Use Permit. He stated the
previous owners of the banquet hall could have sold to a number
of individuals who would have rented it out for wedding receptions.
parties, etc., as done in the past. Under those conditions, there
is no control of the amount of liquor consumed, noise, etc. If
the hall is owned by an established business, and under a liquor
license, there would be a lot more control. No liquor would be
allowed out of the building, therefore, eliminating the litter
problem and there would be better maintenance of the building and
grounds. Safety wise, he would prefer to have someone responsible
in charge of the building.
Mr. Jim Dale, Dale's Restaurant Supply, 2001 Union Avenue,
stated he had done business with the Curutchagues for a number of
years and spoke highly of their business integrity.
Mrs. Evelyn Jenkins, 3917 Erin Court, spoke in oppositior~
to the application for a Conditional Use Permit.
Mrs. Elizabeth Dills, 210 Oakbank Road, spoke regarding
the parking problem at the banquet hall.
Mrs. Maxine Dumler, 220 Oak Street, spoke in opposition
to the application, because of the parking and nuisance of persons
Bakersfield, California, April 20, 1983 - Page 16
445
Mrs.
a Conditional
this type.
using the facilities and being under the influence of alcohol.
Mr. Gerald Stanley, 3100 Bank Street, spoke in opposition
to the application for a Conditional Use Permit.
Mrs. Leon Davenport, 220 Oak Street, spoke in support of
the application for a Conditional Use Permit.
Mr. Dave Sliger, who lives at the corner of Olive and
Verde Streets, spoke of the problems he has had with parking
adjacent to his residence. He opposes anything that will allow
more of this type of problem.
Mrs. Kathy Agerton, 125 Olive Street, spoke in support
of the application for a Conditional Use Permit. She stated she
felt the majority of parking and traffic problems are associated
with Yen Ching's Restaurant, rather than the Chalet Basque.
Joan Lohem, spoke in favor of the application for
Use Permit, because of the need for a facility of
Mr. John Dumler, 220 Oakbank Road, spoke in opposition
to the application for a Conditional Use Permit.
Mr. Bud Lee, 2000 Glennon Court, stated he £elt the
problems being raised tonight are problems that occurred under
previous owners of the banquet hall and that from his personal
experience none of these type of problems have occurred at the
Chalet Basque Restaurant. The few times a problem has started the
owners have quickly stopped it.
Mrs. Nellie Thomas, 204 Oakbank Road, spoke in opposition
to the application for a Conditional Use Permit.
'Mr. Dan Lee, spoke in favor of the application for a
Conditional Use Permit.
Mr. Thomas Fallgatter, Attorney representing the adjacent
property owners, spoke in opposition to the application for a
Conditional Use Permit. He stated a Conditional Use Permit shall
be granted only when it is £ound that the proposed use is deemed
essential or desirable to the public convenience or we£1are and
Bakersfield, California, April 20, 1983 - Page 17
the proposed use is in harmony with the various elements and
objectives of the General Plan and applicable to the specified
plan. It has been mentioned, tonight, that there would be a
difference than when the building was a union hall. The only
difference will be some supervision of the activities held at that
hall. The type of events will be the same. The Plumber's Union
Hall was a disaster to the neighborhood. Elements to be considered
are: noise level, especially in summer months, crowds of people,
drinking and parking. The single family homes of this old neighbor-
hood should be preserved and protected. If the Council allows this
use it will not be solving a problem, but creating one. The
problems will be coming back to the Council and staff in the future.
This kind of use will not and has not work in the past. It has
nothing to do with the morals or integrity of the restaurant owners,
but with putting this kind of use next to residences. It does not
matter how hard the people try or how nice the neighbors are, it
just will not work. He asked the Council if they felt this use
was in the best interest and essential to the public welfare of
the City of Bakersfield, and compatible with the adjoining neighbor-
hood. He further asked that the Council not continue the piece-
meal destruction of Bakersfield, but help the residents save their
neighborhoods and deny the Conditional Use Permit.
Mr. David Stiles, Attorney representing the Curutchagues.
stated because of the liquor license the Alcoholic Beverage Control[
Department will directly supervise the operation of the Chalet
Basque and banquet hall. He referred to a letter from the Alcoholic
Beverage Control Department which stated in twelve years of operation
the Chalet Basque has never had a complaint or problem regarding tile
serving of alcoholic beverages. He also submitted photographs of
the restaurant, parking lot and banquet hall. The restaurant is
in the County of Kern and zoned C-1. The former union hall and
one-third of the parking lot is in the City of Bakersfield and
zoned C-2. The only use not permitted by C-2 zoning is the serving
Bakersfield, California, April 20, 1983 - Page 18
447
of alcoholic beverages. If the Council denies the Conditional
Use Permit, which was approved by the Board of Zoning Adjustment,
there is a possibility of the continued use of that facility as a
banquet hall. On March 8th a public hearing was held be£ore the
Board of Zoning Adjustment, concerns were expressed, and a number
of conditions imposed on the Chalet Basque's operation of the hall_.
The parking lot is to be restriped to add 20 parking spaces. A
six foot block fence, above the grade of the parking lot, will be
added to the existing block fence, which is somewhat lower. It
will be constructed by the Chalet Basque at additional expense,
pursuant to the Conditional Use Permit. The Conditional Use Permit
also provides that if any complaints are made, there will be pro-
visions for hearing those complaints and possible revision of the
Permit. The Curutchagues, in trying to make this establishment
more compatible with the existing neighborhood than it has been in
the past, have voluntarily decided to make additional safeguards
for the neighbors. The windows of the banquet hall that face east
will be blocked with substantial concrete blocks. There will be a
Security Guard in the parking lot, to control the coming and going
to make'certain patrons £rom Yen Ching's do not use the Chalet
Basque parking lot. tn addition, if it would help the situation,
the Curutchagues ~re willing to discuss additional planting to
help deaden the noise. Oakbank Road is a private street, there-
fore, it is possible for residents to post "No Parking" signs, or
construct a barrier such as a cardlo.ck gate or other type of
barrier to prevent anyone from parking or trespassing onto Oakbank
Road. Under present Zoning Ordinances and regulations, 98 parking
spaces are required. The Chalet Basque Restaurant has 115 parking
spaces available to them in the lot. In addition, Chalet Basque
has an agreement with California Republic Bank for the exclusive
use of 27 parking spaces after banking hours. There is also an
agreement with the produce market, which adjoins the banquet hall,
for another 17 parking spaces after business hours. This gives a
448
Bakersfield, California, April 20, 1983 - Page 19
total of 168 committed parking spaces available for use by patrons
of the Chalet Basque Restaurant or banquet hall. This parking is
more than adequate and in excess of any zoning requirement.
Mr. Stiles stated, in addition to the conditions imposed
by the Board of Zoning Adjustment,
that could be taken to relieve the
Bank Streets could be made one-way
there are other possible measures
homeowner~ concerns. Verde and
streets onto Oak Street, there-
by, making it more difficult for patrons of Yen Ching's and
Chalet Basque to park on those residential streets. The owners of
the Chalet Basque do not desire to see their patrons park on Oak-
bank Road, Bank or Verde Streets. They sincerely believe they
have more than ample parking to serve their patrons and would look
with favor on a plan to take steps to make it more difficult, if
not impossible, for patrons to park on the side streets.
Mr. Dick Foster, who represented the Curutchagues at the
Board of Zoning Adjustment meeting last month, stated he feels the
problem would be resolved by allowing the Conditional Use Permit
rather than by not allowing it, because the owners could still
function as a banquet hall under C-1 zoning. The reason the
Curutchagues bought the building was to get rid of a neighborhood
problem and to have control of the liquor being dispensed there.
They would stand to lose their liquor license if there were any
problems.
In answer to a question by Councilman Payne, Mr. Foster
stated that under C-1 zoning a banquet facility is a proper use,
but in order to sell liquor on the premises, a Conditional Use
Permit is required. As a banquet facility now, the owners can
lease it out and people can bring their own liquor and use the
facilities.
Mr. Gerald Stanley, 3100 Bank Street, stated he did not
feel the solution offered tonight would solve the parking problem.
Councilman Barton made several suggestions, possibly a
l0 foot buffer zone on the parking side of the property, filled with
Bakersfield, California, April 20, 1983 - Page 20
449
10 to 12 foot trees; and making Olive, Bank and Verde Streets into
cul-de-sacs, which would eliminate access to those streets from
Oak Street.
Public Works Director Hawley stated Verde Street is
partially in the County and it would take a cooperative effort
between the City and County to make it a cul-de-sac, but physically
it could be done.
Mr. Lee Statley, 222 Oak Street stated he supported the
application for a Conditional Use Permit.
City Attorney Oberholzer stated that a C-1 Zone provides
that the building can be used for restaurant facilities and
banquets, however, to serve alcoholic beverages, in conjunction
with those functions, a Conditional Use Permit is required.
Mr. Marvin Miller stated he supports the application for
a Conditional Use Permit, because it would place some controls on
the use of the building.
Mr. Stiles stated that the interpretation given by the
Alcoholic Beverage Control Department was that alcoholic beverages
could be consumed, they just could not be sold or served by the
owners of the building.
Councilman Rockoff stated he was not in a position to
make a decision until he has a clearer understanding of the laws
under which alcoholic beverages can be consumed in the building.
City Attorney Oberholzer stated, pursuant to the Municipal
Code, alcoholic beverages cannot be bought or sold on the premises:.
whether it is rented to someone or being used by the owners. It
is a restaurant, which will be used as a banquet facility, and that
is what this application is for. In order to use that facility as
a banquet
Permit is
are held,
of the banquet hall can, in any way,
beverages in or on the premises.
hall and serve alcoholic beverages a Conditional Use
required. If it were a private building where parties
then the City has no control over it.
Councilman Rockoff asked the City Attorney if the owners
allow consumption of alcoholic
4. 0
Bakersfield, California, April 20, 1983 - Page
Mr. David Stiles stated the interpretation given by the
Alcoholic Beverage Control Department, was that, alcoholic beverages
can be consumed, they just cannot be sold on the premises.
City Attorney Oberholzer stated alcoholic beverages
cannot be sold on the premises.
Councilman Rockoff stated that the interpretation of
this law is the most important consideration in order to have a
basis for making a decision. If alcoholic beverages can continue
to be consumed on the premises the Council has to do something to
protect the residents. The residents are the prime consideration
in this situation. The Council is probably better off allowing the
Conditional Use Permit and p~acing mitigating conditions on it, so
that the residents will have a better life in the future than they
have had in the past.
No further protests or objections being received and no
one else wishing to speak in favor, Mayor Shell closed the public
portion of the hearing for Council deliberation and action.
City Attorney Oberholzer stated uses presently permitted
in a C-1 Zone, without a permit, are restaurants, tearooms and
cafes where all customers are served at a table or counter, ex-
cluding dancing, entertainment and sale of intoxicating liquor.
Uses subject to a Conditional Use Permit in a C-1 Zone are restaurants,
including the sale of alcoholic beverages, where served together
and incidental to the serving of food, or a cocktail lounge as an
accessory use to the restaurant. The union hall does not fit into
any of these categories, because it is not a restaurant. The issue
before the Council, on appeal from the Board of Zoning Adjustment,
is whether to allow the sale of alcoholic beverages in conjunction
with the serving of food in that particular facility, which is
what is allowed in a C-1 Zone.
Councilman Payne stated he is concerned about the
possibility of the ordinance being superseded and alcoholic
Bakersfield, California, April 20, 1983 - Page 22
beverages being used at that location in an unsupervised manner.
Mr. Stiles and Mr. Foster have both stated that if it was, in facl;,
their desire, the owners of that property could supersede the
ordinance. If there is a way it can be done then it is better for
the Council to put a control on it. The Council would like to see
a workable solution that will preserve the neighborhood and allow
this business to expand.
City Attorney Oberholzer stated he felt that there are
probably ways the building could be used by the owners, or possibly
others if they sold it, where alcoholic beverages are sold or
bought and that would not come under the defintion of a restaurant
and would not require a Conditional Use Permit.
Councilman Strong stated it is important for the Counci~
to understand that the Aleoholic Beverage Control Department makes
a very significant distinction between an On Sale General Liquor
License, which is incidental to the sale of food, in that the sale
of food has to exceed the sale of alcoholic beverages by a certain
margin. If the Council forces the owners into an alternate
situation, it is possible the residents will find themselves with
more difficult problems than they would have if it were supervised,
as set forth in this application.
Councilman Ratty stated there is an option of this
building going back to a labor hall and have the same problems
that would tax the residents more severely that what is being
proposed tonight. He would like to see the problem solved and
suggested that the Council go on record as having the Public Works
Department investigate the possibility of blocking those streets
for a cul-de-sac and placing "No Parking" signs, between the hours
of 8:00 A.M. and 5:00 P.M.,on Verde and Bank Streets. A five foot
wall, with another wall ten feet back with trees planted in between,
would relieve the impact and definitely act as a buffer zone. At
the present time people can look right into the resident's back-
yards, park their vehicles on those streets and block the residentis.
Bakersfield, California, April 20, 1983 - Page 23
He does not want this situation to occur again and felt the Council
should attack the problem. The wall should be raised all the way
along that property to end this problem once and for all.
City Attorney Oberholzer stated that Assistant Planning
Director Hardisty pointed out, to him, that Lodge Halls are
permitted in an R-4 Zone, which means that the building could be
used as a Lodge Hall and alcoholic beverages could be served in
that C-1 Zone without any permits from the Council or Board of
Zoning Adjustment. Also, private clubs are permitted in R-4 Zones
and could, possibly, fit into that category of the C-1 property,
without further Conditional Use Permits from the Council.
Mayor Shell declared a brief recess at 10:30 P.M. and
reconvened the meeting at 10:50 P.M.
Mayor Shell suggested that the Council go on with the
next hearing while the parties involved in the appeal on the
Conditional Use Permit for 208 Oak Street attempt to reach a
decision.
This is the time set for public hearing on Resolution
of Intention No. 955 declaring intention to acquire certain
sanitary sewer pipeline works, appliances and appurtenant facilities,
already installed and certified by the City Engineer, and act upon
the Final Engineer's Report, generally referred to as Assessment
District No. 82-1 - Stockdale Sewer Trunkline.
This hearing was duly advertised, the property posted
and the property owners notified as required by law.
A letter was received from R. Chandler Myers, 3303
Wilshire Boulevard, Suite 300, Los Angeles, California, requesting
that his property be removed from the area proposed to be assessed
for acquisition of the Stockdale Sewer Trunkline.
Mayor Shel~ 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.
Bakersfield, California, April 20, 1983 - Page 24
4.6:]
Upon a motion by Councilman Ratty, request from R.
Chandler Myers to remove his property from the area proposed to
be assessed for acquisition of the Stockdale Sewer Trunkline, was
received, ordered placed on file and request approved.
Upon a motion by Councilman Ratty, Resolution No. 62-83
of the Council of the City of Bakersfield overruling protests on
Resolution of Intention No. 955, Assessment District No. 82-1,
was adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
Noes: None
Absent: None
Upon a motion by Councilman Ratty, Resolution No. 63-83
of the Council of the City of Bakersfield designating the Collection
Officer for Assessment District No. 82-1 (Resolution of Intention
No. 955), was adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
Noes: None
Absent: None
Upon a motion by Councilman Ratty, Resolution No. 64-83
and Order of the Council of the City of Bakersfield adopting the
Engineer's Report, as modified, confirming the assessment and
ordering the acquisition of Assessment District No. 82-1 (Resolution
of Intention No. 955), was adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
Noes: None
Absent: None
Upon a motion by Councilman Ratty, 30-Day Cash Payment
Waiver as requested in letters from District Landowners, were
received, ordered placed on file and 30-Day Cash Payment Waiver
was approved.
454
Bakersfield, California, April 20, 1983 - Page 25
Upon a motion by Councilman Ratty, Resolution No. 65-83
of the Council of the City of Bakersfield determining the Unpaid
List and providing for the issuance of $6,189,877.00 principal
amount of Improvement Bonds for Assessment District No. 82-1
(Resolution of Intention No. 955), was adopted, and List of Unpaid
Assessments was received and ordered placed on file, by the
following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Payne,
Ratty
Noes: None
Absent: Councilman Means
Ms. Laura Stova11, Bartell Wells, Financial Consultants,
stated five bids were received on the Improvement Bonds on April
14, 1983. The low bid was received from Municorp of California
with interest at 8.85%. Ms. Stovall presented the Council with
the bids and good faith check in the amount of $50,000.
Upon a motion by Councilman Ratty, Resolution No. 66-83
of the Council of the City of Bakersfield awarding sale of
$6,189,877.00 principal amount of Improvement Bonds for Assessment
District No. 82-1 (Resolution of Intention No. 955), was adopted
by the following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Payne,
Ratty
Noes: None
Absent: Councilman Means
Councilman Christensen made a motion to adjourn the
meeting at 11:00 P.M., which failed to carry.
Upon a motion by Councilman Means public hearing before
the Council on an Appeal by 18 Surrounding Property Owners to the
decision of the Board of Zoning Adjustment granting an application
for a Conditional Use Permit, with five conditions, to Jean
Curutchague to allow a banquet room to serve alcoholic beverages
when served together with and incidential to the serving of food
Bakersfield, California, April 20, 1983 - Page 26
4. 5
and to permit catering of food in a C-1 (Limited Commercial) Zone,
affecting that certain property in the City of Bakersfield commonly
known as 208 Oak Street, was continued until the Council Meeting
of ~ay 4, 1983.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 11:05 P.M.
ATTEST:
M OR of t~ity of ~akersfield, Calif.
CITY CLERK ~nd E'/0~fi~k of the Council
of the City of B~kersfield, California
ma/cw
4. 6
Bakersfield, California, April 27, 1983
Minutes of a reuular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 P.~4., April 27, 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.
Absent: None
Councilmen Strong, Barton, Christensen,
Means, Payne, Ratty, Rockoff
Minutes of the regular meeting of April 13, 1983, were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mrs. Thelma Hobbs, 2512 Fairview Road, President of the
Francis Willard Union of the Women's Christian Temperance Union,
stated that organization's main goal is protection of the home,
working with all law enforcement agencies to combat crime and
making homes and highways safe for everyone. Mrs. Hobbs presented
to the City of Bakersfield, for use by Police and other City
vehicles, bumper stickers stating "It's Ok Not To Drink." She
stated the California Highway Patrol, several Southern California
Police Departments and driving schools are currently using these
bumper stickers.
Upon a motion by Councilman Payne, request by the Women's
Christian Temperance Union to furnish the City of Bakersfield with
bumper stickers for use on Police and other City vehicles, was
referred to the Business Development and Parking Committee.
Mr. Ralph Anthony, President of the Lakeview Development
Corporation made the following requests:
1. Meeting between the Lakeview Project Area
Committee and City staff regarding the
Southeast Enterprise Zone Study and
strategic planning of the City.
2. Status of the Three-Point Crime Plan
Proposal.
Bakersfield, California, April 27, 1983 - Page 2
457
3. Requirements to obtain funds and request
City staff to undertake the study correctly
regarding a coordinated study between the
Southeast Enterprise Zone and Revitalization
Strategy Group.
4.Status of and date rezoning of the Lakeview
Area will come back to the Council.
5. When the Mayor's Task Force will meet again
with citizens of Census Tract 22.
Councilman Means stated he was not going to discuss this
issue until the staff report has been read.
Mayor Shell stated she has held off on the Task Force
until there is some clear direction of what the desires of the
Lakeview Area community are.
Mr. Art Powell, representing the Lakeview Project Area
Committee, stated, regarding rezoning of Lakeview Avenue, their
committee is trying to come up with a recommendation that will be
acceptable to the community as well as the City. The concern is
for a plan capable of growing, developing and existing as an
independent unit.
In answer to a question City Manager Kelmar stated, the
rezoning of the Lakeview Area will come back to Council on June 15,
1983. The only issue, at that time, will be accept or reject the
rezoning. There is no way the rezoning can be modified at that
time. If it is rejected, at some time in the future another
proposal can be submitted.
In answer to a question by Ms. Bessie Gest of the Lake-
view Project Area Committee, City Manager Kelmar stated, no portion
of the Revitalization
June 15, 1983.
Strategy Plan will be implemented before
Fielder,
Commission.
It was agreed by the Council
the Planning Commission and then vote.
COUNCIL STATEMENTS
Councilman Christensen nominated Mrs. Louise Francis
177204 Remington Drive for appointment to the Planning
to hear each nomination to
Bakersfield, California, April 27, 1983 - Page 3
Councilman Means nominated Ms. Glenda Rust, 4705 Country
Place Lane, for appointment to the Planning Commission.
Councilman Payne nominated Mr. Dennis Grombeck, 4409
Hahn Avenue, for appointment to the Planning Commission.
Councilman Ratty nominated Mr. Greg Gallion, 5324 East-
ridge Court, for appointment to the Planning Commission.
Councilman Christensen's nomination o£ Mrs. Louise
Francis Fielder, 177204 Remington Drive, for appointment to the
Planning Commission, term expiring April 17, 1987, failed to carry
by the following roll call
Ayes:
Noes:
Absent:
Councilmen Strong,
Councilmen Barton,
None
Councilman Means'
vote:
Christensen, Means
Payne, Ratty, Rockoff
nomination of Ms. Glenda Rust, 4705
Country Place Lane, for appointment to the Planning Commission,
term expiring April 17, 1987, was approved by the following roll
call vote:
Ayes:
Noes:
Absent:
Councilmen Strong, Barton,
Ratty, Rockoff
Christensen,
None
None
Councilman Payne's nomination of Mr.
4409 Hahn Avenue,
expiring April
Means, Payne,
Dennis Grombeck,
for appointment to the Planning Commission, term
1987, was approved by the following roll call
vote:
Ayes:
Noes;
Absent:
Abstaining:
Councilman Christensen
on this appointment because he
know the nominee.
Councilmen Strong, Barton,
Rockoff
None
None
Councilman Christensen
stated he
Means, Payne, Ratty,
abstained from voting
had not seen a resume and did not
Bakersfield, California, April 27, 1983 - Page 4
459
Councilman Ratty's nomination of Mr. Greg Gallion, 5324
Eastridge Court, for appointment to the Planning Commission, term
expiring April 17, 1987, was approved by the following roll call
Councilmen Strong, Barton, Christensen, Payne, Ratty,
Rockoff
Noes: Councilman Means
Absent: None
In answer to a question City Attorney Oberholzer stated,
the City Council appoints members to the Planning Commission. The
ordinance does not infer an individual Councilman has the right to
make that appointment. It takes the action of the entire Council,
and if there is going to be a different procedure, whereby each
Councilman has the right to appoint an individual to be accepted
by the entire Council, the ordinance should be changed to reflect
that.
Mayor Shell announced that the Bakersfield Clean Sweep
was very successful with 622 tons of rubbish removed from the
Lakeview Area. She thanked the 80 City employees who voluntarily
gave up their Saturday to assist in the cleanup effort.
REPORTS
City Manager Kelmar reported that there is a group in
the Southeast Area that has been meeting for a considerable period
of time to plan for an Enterprise Zone. An Enterprise Zone is a
concept that has been proposed in Federal and State Legislation,
which is designed for distressed rural and urban areas with the
purpose of attracting business and industry through tax and other
governmental incentives. There are going to be about 75 Zones
approved, once Federal Legislation is adopted. The group that has
been meeting is asking for assistance from the City for funds for
planning. The heart of this particular Enterprise Zone is the
Bakersfield Airpark, around which, they hope to create and attract
new industry and jobs. He stated staff feels the concept has a
vote:
Ayes:
Bakersfield, California, April 27, 1983 - Page 5
great deal of merit. The City Attorney has reviewed the F.A.A.
Regulations and is of the opinion that as long as the City does
not accept any funds, if the District is not formed, the City is
not committed to accepting funds and would, therefore, be under
no obligation. The formation of an Airport District is done by
election. Part of the funds requested are for preparation of the
application so LAFCO can enable the District to be placed on the
November ballot. Formation and boundaries of the District are up
to the people living in the District.
In answer to a question Mr. Bill Lewis, representing the
Bakersfield Airpark, stated the Airport District has no means in
which to raise taxes. Any assessment or tax against property
owners within the District would be done by an election. The only
available way to obtain Federal monies for redevelopment of air-
ports is to have those Federal funds go to a public entity. The
only means of doing that, and not involving the City or County, is
to form an Airport District. Persons living in the Airport District
will receive the direct benefit of jobs, increasing property values
and beautification of that part of town. He stated he has met with
the County Board of Supervisors and staff. The County Community
Development Department has had someone in attendance at each of
their meetings for the past year and one-half. The County has
spent several thousand dollars and intends to continue to partici-
pate and carry their full share of the cost of this project.
Councilman Ratty made a motion to approve the commitment
of $2,750 for the purpose of preparation of the LAFCO application
and fee for formation of the Airport District, F.A.A. preapplication
preparation, travel and other expenses.
Mr. Bill Lewis stated he felt the Enterprise Zone and
Airport District were a joint effort. There are so many dupli-
cating efforts, that if done separately it could not all be done
for $22,250. If the Federal Legislation does not pass, and the
Bakersfield, California, April 27, 1983 - Page 6
Enterprise Zone is not accomplished, the money spent in the area
will not be wasted, it needs to be done anyway.
Councilman Payne voiced his concerns that the F.A.A.
might interpret the partial funding as a lack of unification and
wholehearted support and possibly have an effect on that agency's
desire to fund a multi-million dollar project.
Mr. Bill Lewis stated the F.A.A. supports this Enterprise
Zone one hundred percent. It was stated, off the record, that this
airport has been given a No. 1 priority in the Southwest Region,
and the F.A.A. might, possibly, have a dimmer view of this appli-
cation if it does not have full support. He further stated that
when the E.I.R. was initially started, in 1978, it was not completed.
Part of the $22,250, would be spent to hold the public hearing and
complete the E.I.R. Until the E.I.R. is completed the F.A.A. will
not take action on the grant. The application can be made, but
the grant cannot be awarded until the E.I.R. is completed and
reviewed by the F.A.A. Five billion dollars is going to be spent
in the next five years, by the F.A.A., in airport development. This
project is seeking between ten and fifteen million dollars, to be
appropriated at not more than three million dollars per year.
Councilman Payne stated he supports Councilman Ratty's
motion, but would also be very agreeable to including in that
motion the full amount of $22,250.
Councilman Ratty amended his motion that the amount of
$22,250 be committed for the purpose of planning for the Enterprise
Zone, preparation of the LAFCO application and fee for formation
of the Airport District, F.A.A. preapplication preparation, travel
and other expenses.
Councilman Means stated he would vote against the motion
because he was led to believe there would be no financial expense
incurred by the City, it has not been to Committee and it is not
known if needed legislation will pass.
Bakersfield, California, April 27, 1983 - Page 7
airport
concern,
Reverend Ralph Anthony stated he is concerned about
expansion and how it will effect the E.I.R. Due to this
he requested Council direct staff to meet with the Lake-
view Project Area Committee to facilitate coordination of develop-
ment in that area, with revitalization of strategy, redevelopment,
and Enterprise Zone. He £urther stated he would like this request
to be included in the motion currently on the floor.
Councilman Ratty's amended motion that the amount of
$22,250 be committed for the purpose of planning for the Enterprise
Zone, preparation of the LAFCO application and fee for formation of
the Airport District, F.A.A. preapplication preparation, travel and
other expenses, was approved by the following roll call vote:
Ayes: Councilmen Strong, Barton, Payne, Ratty, Rockoff
Noes: Councilmen Christensen, Means
Absent: None
Reverend Ralph Anthony asked if his request was part of
the motion.
Upon a motion by Councilman Strong, the Council moved
to the next item on the agenda.
City Attorney Oberholzer reported that laws currently
on the books in the State of California allow, what is called,
"joint and several liability," where a couple of people are found
to be contributive to the injury of an individual. Someone who
has only 1% of the responsibility can be made to pay the entire
amount of damages, if that person has the financial ability to pay,
and the other individual does not. The City is brought into a
number of lawsuits because, if the least amount of liability can
be found, the City can be held liable for the entire amount of
damages, if the other parties have no money or low insurance
coverage. Senate Bill 575 will change that, so that, an individual
or entity cannot be liable for more than the amount of negligence
they contributed. That entity can still be held liable for 100%
Bakersfield, Cali£ornia, April 27, 1983 - Page 8
463
of the out-of-pocket expenses, such as medical, but the big damages
in these cases often come from pain and suffering. This Bill
establishes some equity to the system and will save the City some
money and exposure.
Adoption of Resolution No. 67-83 of
the Council of the City of Bakers-
field supporting Senate Bill 575
(Tort Liability - Limits on Joint
and Several Liability).
Upon a motion by Councilman Means, Resolution No. 67-83
of the Council of the City of Bakersfield supporting Senate Bill
575 (Tort Liability - Limits on Joint and Several Liability), was
adopted by the following roll call vote:
Ayes: Councilmen Strong, Christensen, Means, Payne, Ratty,
Rockoff
Noes: None
Absent: Councilman Barton
CONSENT CALENDAR
The following items were listed on the Consent Calendar
(a) Allowance of Claims Nos. 5810 to 6111,
inclusive, in the amount of $1,447,482.33.
(b)
Application for Leave to Present Late
Claim for Damages and Personal Injuries
from International Guiding Eyes, Inc.,
c/o Rose, Klein & Marias, 888 West 6th
Street, 2nd Floor, Los Angeles, California.
(Refer to City Attorney)
(c)
Claim for Damages and Personal Injuries
from Peter John Nicholas and Diana Nicholas,
1006 Evergreen Lane, Port Hueneme, California.
(Refer to City Attorney)
(d)
Claim for Damages from Mary Ann Seals,
2809 "Q" Street, Bakersfield. (Refer
City Attorney)
to
(e)
Claim for Damages from Foodmaker, Inc.,
(DBA Jack-In-The-Box), 3002 Ming Avenue,
Bakersfield. (Refer to City Attorney)
(f)
Claim for Damages from Reynaldo Juarez
Ruiz, 2800 Chester Lane, Bakersfield.
(Refer to City Attorney)
Quitclaim Deed from Keith and Mack Oil
Company. The City will release the lease-
holder from any liability which might
arise from the landfill gas, in exchange
for releasing any claims for interest in
methane gas created as a result of disposal
of solid waste at the Sanitary Landfill.
464
Bakersfield, California, April 27, 1983 - Page 9
(h)
(i)
(J)
(k)
(i)
(m)
(n)
(o)
(p)
Street Right-of-Way Deed from Calcrete
Company providing additional street right-
of-way required for widening Wible Road
between Pacheco Road and White Lane. In
exchange for the right-of-way, the City
will provide street improvements.
Public Road Easements and Public Utility
Easements from Tenneco Realty Development
Corporation providing easements for road
and public utilities, as required by the
Planning Cormmission, for Parcel Map No.
6787, located south of Ming Avenue midway
between Gosford Road and Old River Road.
Map of Tract No. 4592 with Steven M.
Flower, located on west side of South "H"
Street, north of Fairview Road.
Notice of Completion and Acceptance of
Work on Water System Improvements on "P"
Street, south of 2nd Street, Contract No.
82-39 with California Water Service
Company.
Application for Encroachment Permit from
Jim Fanucchi, Route 7, Box 131 (2920
Panama Lane), for construction of a 4
foot high masonry post and wrought iron
fence at back of sidewalk at 2920 Panama
Lane.
Application for Encroachment Permit from
San Joaquin Community Hospital, 2615 Eye
Street, for construction of a 6 foot chain
link fence enclosing parking lots on south
side of 28th Street, from "H" Street to
alley east of "H" Street, and from Eye
Street to Chester Avenue; on east side of
"H" Street, south of 28th Street; and on
north side of 27th Street, from Eye Street
to alley east of Eye Street.
Application for Encroachment Permit from
Yusuf Id-Deen, P.O. Box 3565, for con-
struction of a mansard-type overhang into
public right-of-way sidewalk area at 905
Lakeview Avenue.
Plans and Specifications for "H" Street
Improvements, FAU Project No. M-F 293(1),
for construction of an asphalt concrete
overlay on "tI" Street from Brundage Lane
to California Avenue and from Truxtun
Avenue to 24th Street.
Contract Change Order No. i to Contract No.
82-35 with California Water Service Company
for Water System Improvements in the alley
south of California Avenue between "R" and
"S" Streets. This Contract Change Order
is necessary to provide payment for actual
quantities of work which exceeded the
(CONTINUED ON NEXT PAGE)
Bakersfield, California, April 27, 1983 - Page
(p) CONTINUED
project estimates. The Change Order in-
creases the contract cost by $2,996.78.
Normally, the original material is
sufficient to meet compaction, however,
because of the silty soil at the site it
was not approved. Three hundred by one
foot (300 x 1') of import material and
three hundred thirty-two by one foot
(332 x l') of additional paving had to
be brought to the site.
(q)
Agreement between the City of Bakersfield
and FMC Corporation for testing of one
Vanguard S/N V3-0005 Street Sweeper for a
maximum period of 180 days. FMC Corporation
provides this vehicle free of charge to the
City on a program that permits FMC to test
new vehicles. FMC indemnifies the City for
any liability due to defects in the equip-
ment, etc.
Upon a motion by Councilman Payne, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p)
and (q) 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
ACTION ON BIDS
Upon a motion by Councilman Strong, low bid of Enriquez
Construction, in the amount of $135,660, for Annual Contract for
Curbs, Gutters and Sidewalks, was accepted, the other bid rejected
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Christensen, bid o£ Hawkins
Traffic Safety, in the amount of $4,368.26, for Signs and Aluminum
Planks, was accepted.
Upon a motion by Councilman Ratty, bid of Acme Rotary
Broom Service, in the amount of $4,264.14, for parts for FMC Model
12 Street Sweeper, was accepted.
Upon a motion by Councilman Ratty, low bid of Sira-Aris
Engineering for the Base Bid and Unit A, in the amount of $55,382,
for 2nd Influent Pump at Wastewater Treatment Plant No. 3, was
466
Bakersfield, California, April 27, 1983 - Page
accepted, all other bids rejected and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Strong, low bid of James G.
Francis, in the amount of $128,110, for construction of 30th
Street Improvements between "F" and "Q" Streets, was accepted, all
other bids rejected and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Payne, low bid of Irrigation
Supply Company, in the amount of $7,725.96, for Turbine Pump Bowl
Assembly and Suction Pipe on Ashe Water Pumping Plant No. 10, was
accepted, all other bids rejected and the Mayor was authorized to
execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2842 New
Series amending Title Seventeen of
the Bakersfield Municipal Code by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield located at the northeast
corner of Panama Lane and Wible Road.
The application for this amendment was made by James T.
Rowland and would change subject property from an "A" (Agricultural)
Zone to a C-1 (Limited Commercial) Zone.
The proposed C-1 Zone is consistent' with the Land Use
Element of the Bakersfield Metropolitan Area General Plan.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Strong, Negative Declaration
and Ordinance No. 2842 New Series amending Title Seventeen of the
Municipal Code by changing the Land Use Zoning of those certain
properties in the City of Bakersfield located at the northeast
corner of Panama Lane and Wible Road, finding said zoning consistent
with the General Plan, were adopted by the following roll call vote:
Ayes: Councilmen Strong, Christensen, Payne, Ratty, Rockoff
Noes: None
Absent: Councilmen Barton, Means
Bakersfield, California, April 27, 1983 - Page 12
467
NEW BUSINESS
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 the north side o£ Fairview
Road, 660 feet west of South "H" Street.
The application for this amendment was made by M. Frank
St. Clair and would change subject property from an "A" (Agricul-
tural) Zone to an R-1 (One Family Dwelling) Zone.
The proposed R-1 Zone would be consistent with the Land
Use Element of the Bakersfield Metropolitan Area General Plan.
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
certian properties in the City of Bakersfield located on the north
side of Fairview Road, 660 feet west of South "H" Street.
Adoption of Resolution No. 68-83 of
the Council of the City of Bakers-
field approving the destruction of
certain obsolete City records, docu-
ments, instruments, books and papers,
pursuant to Section 34090 et seq. of
the Government Code of the State of
California.
The Police Department has a number of obsolete personnel
records in its files and has requested that authorization to destroy
such records (specified in Exhibit "A" of the resolution), be given
in order to free filing space for more current documents.
Upon a motion by Councilman Christensen, Resolution No.
68-83 of the Council of the City of Bakersfield approving the
destruction of certain obsolete City records, documents, instruments,
books and papers, pursuant to Section 34090 et seq. of the Govern-
ment Code of the State of California, was adopted by the following
468
Bakersfield, California, April 27, 1983 - Page 13
roll call vote:
Ayes Councilmen Strong, Christensen, Payne, Ratty, Rockoff
Noes None
Absent: Councilmen Barton, Means
Approval of Certification of Community
Development 1983-84 Entitlement Appli-
cation.
Pursuant to the primary objective of the Housing and
Community Development Act of 1974, the objectives for the 1983-84
Community Development Program have been developed in order to
promote decent housing, suitable living environment, and to expand
economic opportunities principally for persons of low and moderate
income.
Upon a motion by Councilman Strong, Certification of the
Community Development 1983-84 Entitlement Application, was approved.
Approval of 1983-84 Domestic Water
Enterprise Budgets.
The Domestic Water Enterprise Budget for 1983-84 is
comprised of the Ashe Water Division and Fairhaven Division's
"Estimated Revenue and Expenses" and "Proposed Capital Outlay
Programs." The revenues include a 5% rate increase, effective
July 1, 1983, as approved by the Council (Resolution No. 36-82),
on April 21, 1982. The Budget was approved and recommended for
Council approval by the Water Board on April 21, 1983.
Upon a motion by Councilman Ratty, 1983-84 Domestic
Water Enterprise Budgets, were approved. Councilman Means voted
in the negative on this motion.
Approval of 1983-84 Agricultural
Water Enterprise Budget.
The Agricultural Water Enterprise Budget, this year,
consists of the Operations, Capital Outlay and Water Price Schedule
for 1983-84. Prices for Kern River water re£1ect current above-
normal water supply conditions forecasted for the Kern and would
promote maximum use of surface water for irrigation and spreading
Bakersfield, California, April 27, 1983 - Page 14
operations. As approved and recommended by the Water Board on
April 21, 1983, with the condition that no funds be expended from
the Capital Outlay Section for Public Works storm drain projects
until the City's budget process for 1983-84 is completed.
Upon a motion by Councilman Payne, 1983-84 Agricultural
Water Enterprise Budget and Water Price Schedule, were approved,
with the condition that no funds be expended on storm drain
projects until the City's budget process for 1983-84 is completed.
Councilman Means voted in the negative on this motion.
CLOSED SESSION
Upon a motion by Councilman Strong, the Council recessed
to a Closed Session at 8:45 P.M. with the City's Chief Labor
Negotiator to discuss Labor Negotiations. The regular meeting was
reconvened at 9:35 P.M.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Strong, the meeting was
adjourned at 9:37 P.M.
MAYOR o~th~eity ' ' .
ATTEST:
cITY CL~nd CIerk of the Council
of the City of Bakersfield, California
cw/ma
470
Bakersfield, California, May 4, 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., May 4, 1983.
The meeting was called to order by Mayor Shell, followed[
Smith
by the Pledge of Allegiance and Invocation by Reverend Herb
of the First Assembly of God Church.
Present:
The City Clerk called the roll as follows:
Mayor Shell. Councilmen Barton, Christensen, Means,
Payne, Ratty, Rockoff, Strong
Absent: None
SCHEDULED PUBLIC STATEg~NTS
Mr. Frank Casey, President of the Greater Bakersfield
Chamber of Commerce, stated he was present tonight to submit a
resolution, which, if approved, would become a part of the City's
General Plan. This resolution proposes a unified planning effort
with Metropolitan Bakersfield. The Chamber, through its Govern-
ment Review Committee, researched this problem for the last three
years. Testimony was received from more than 40 people who would
be affected by metropolitan planning. The Board of Supervisors
has been requested to adopt the same resolution and they delayed
action until a study can be made. Written support has been received
from the American Institute of Architects, Bakersfield Board of
Realtors, Bakersfield Exchange, California Council of Civil
Engineers and Land Surveyors, Central Labor Council, Downtown
Business Association, East Bakersfield Progressive Club and League
of Women Voters. Once this proposal is approved the Chamber will
continue to monitor it and assist the City and County in any way t,3
implement the policy. It is hoped the City Council and Board of
Supervisors can meet, work out problems and resolve the matter
within 30 to 60 days.
Upon a motion by Councilman Ratty, resolution from the
Chamber of Commerce proposing a unified planning effort within
Metropolitan Bakersfield, was referred to the Intergovernmental
Relations Committee.
Bakersfield, California, May 4, 1983 - Page 2
471
Mrs. Miriam Faulkner, 2605 La Costa Court, stated she
was present to bring to the attention of the Council the problem
of excessive noise on Highway 178. They purchased their home in
1977 and since that time the noise from Highway 178 has become
very loud and annoying. She has been trying, for several months,
to get something done about it. A City employee informed her
decimal readings were being conducted. She was informed on two
different occasions that arrangements would be made to place
testing equipment in her backyard and it was never done. She
contacted the firm conducting the study and found out their area
is in excess of the allowable decimal level. The City has these
records and
sound walls,
noise level
nothing has been done.
or whatever it takes,
in that area.
Mrs. Faulkner requested that
be constructed to reduce the
Director of Fire and Development Services Needham stated
the City received the consultants draft of the Noise Element last
week and one staff meeting has been held to discuss it. It is
felt that in some areas further work needs to be done. Noise
readings have been taken in Mrs. Faulkner's area and that document
will make recommendations with regards to what needs to be done
now and also future development along Highway 178 and other high-
ways in relation to State law to protect people. That is all the
information that can be provided at this time without specifics.
The State determines the areas where they will build walls where
noise problems develop.
In answer to a question by Mayor Shell, Director of
Public Works Hawley stated the City could bring problems of this
sort to the attention of the State. Several years ago the State
conducted studies of the entire Bakersfield area along State High-
ways, and based on that, there were a couple locations they felt
sound walls would be warranted and, at least, one was constructed.
Councilman Rockoff asked if the results of the study can
be transmitted to the State and request them to investigate the
matter.
472
Bakersfield, California, May 4, 1983 - Page 3
City Manager Kelmar stated the City is in the process of
updating the Noise Element and the study should be completed in a
few months. Anything done prior to completion of that study would
be premature.
Director of Fire and Development Services Needham statec[
staff will furnish the State with the report and receive their
comments. Staff would be happy to discuss the information relative
to Mrs. Faulkner's area with her.
Councilman Rockoff stated if it
sibility to offer this type of protection,
they should be advised of the situation.
Mr. Ilurshell Brown, 2708 Houchin Road, stated one of the
utility companies is requesting a 20% increase in their water rates
and he felt the City Council should fight these increases or put a
limit on them. Many people are out of work or their salaries have
been cut and cannot afford to pay these increases. Someone is
going to have to put a stop to their continuing demand for increases.
Mayor Shell advised Mr. Brown that notices of proposes
rate increases are included with utility bills and people should
attend the hearings before the Public Utility Commission and
object.
Mr. Brown felt that since the utility companies have
franchises with the City of Bakersfield that the Council should
represent the citizens and object to the requests for rate increases.
Councilman Means stated, currently, there is a Bill
before the Legislature that will freeze utility rates. The Council
cannot take any action that would have an affect on the utility
companies, but pressure can be put on the Legislature. He suggested
that a Council Committee study the Bill and come back with a recom-
mendation.
Upon a motion by Councilman Payne,
Legislature that would freeze utility rates,
Energy Committee for study and recommendation.
is the State's respon-
if it warrants protection,
the Bill before the
was referred to the
Bakersfield, California, May 4, 1983 - Page 4
473
CORRESPONDENCE
Upon a motion by Councilman Barton, communication from
Cawelo Water District, 305 Great Western Savings Building, 1415
18th Street, dated April 25, 1983, regarding interpretation of
language in Agreement No. 76-62 regarding sale of Kern River
Water, was received and referred to the Water Board.
Upon a motion by Councilman Christensen, communication
from Merchants Printing & Lithographing Company, Inc., 831Truxtun
Avenue, dated April 29, 1983, requesting the Council's help in
solving the problem of debris around their building as a result of
activities at the Civic Auditorium, was received and referred to the
Auditorium-Recreation Committee.
Upon a motion by Councilman Christensen, communication
from DiGiorgio, Davis, Klein, Wegis, Duggan & Friedman, Law Offices,
llll Trux~un Avenue, dated May 2, 1983, requesting the Council's
help in solving the problem of debris around their building as a
result of activities at the Civic Auditorium, was received and
referred to the Auditorium-Recreation Committee.
Upon a motion by Councilman Christensen, communication
from Brady-Brandt Insurance Agency, 918 Truxtun Avenue, dated May
3, 1983, requesting the Council's help in solving the problem of
debris around their building as a result of activities at the Civic
Auditorium, was received and referred to the Auditorium-Recreation
Committee.
Upon a motion by Councilman Ratty, communication from
Nat G. Haseltine, 307 North Stine Road, dated May 2, 1983, enclosing
an article from the Reader's Digest entitled "The Master Builder
Who Rescues Dying Downtowns," and requesting that the Council
discuss the downtown problems with an
ordered placed on file.
Councilman Barton,
and Parking Committee,
Outdoor Businesses, as
expert, was received and
REPORTS
Chairman of the Business Development
read Report No. 7-83 regarding Transient
follows:
474
Bakersfield, California, May 4, 1983 - Page 5
The City Council has expressed its concern with
the proliferation of transient outdoor businesses
and street vendors throughout the City of Bakers-
field and referred the matter to the Business
Development and Parking Committee.
This Committee has had several meetings to
discuss and review our concerns. During the
meetings, we considered such things as traffic
congestion and traffic hazards in the vicinity
of outdoor businesses, dust and fire danger
when such businesses are located in unsuitable
locations, and incompatible land uses when
considered in the context of adjacent properties
and zone requirements.
Pursuant to our meetings and discussions, we
directed the City Attorney to prepare a pro-
posed ordinance which would address our concerns.
The proposed ordinance will require transient
outdoor businesses to obtain a permit in addi-
tion to the presently required business license.
We believe the permit requirements will ensure
that transient businesses do not continue to
proliferate in the City of Bakersfield.
Therefore, we recommend the City Council approve
the proposed ordinance and considered this first
reading.
Councilman Barton made a motion that Business Develop-
ment and Parking Committee Report No. 7-83 regarding Transient
Outdoor Businesses, be accepted; and first reading considered
given an Ordinance adding Chapter 5.56 to the Bakersfield Municipal
Code relative to Regulations of Transient Outdoor Businesses.
Mr. Bill Bonderov, Proprietor of Best Hot Dog Company,
explained the operation of his business and stated that reputable
street vendors will be penalized or forced out of business because
some street vendors are causing traffic problems, selling stolen
merchandise or selling products that are offensive to the public.
Mr. Bonderov requested that the ordinance, in its present form,
not be adopted.
Mayor Shell stated that this ordinance will not be
adopted tonight and suggested that Mr. Bonderov attend next week's
Council Meeting when it will be acted upon.
Mr. Roger McCabe, 1301 Pacific Street, stated because
the proposed ordinance affects many people, he would request that
it be read in its entirety.
Bakersfield, California, May 4, 1983 - Page 6
47.
Councilmen Payne and Means read the ordinance for the
benefit of the persons present in the audience.
Councilman Strong stated the ordinance is extremely
restrictive and suggested Mr. Bonderov contact the City Attorney's:
Office to discuss his specific case with them.
In answer to a question by Councilman Christensen,
Assistant City Attorney Saalfield stated that the American Legion,
who sell poppies on the street, and similar organizations will be
affected by this ordinance.
Mr. McCabe read a very lengthy statement expressing his
objections to the proposed ordinance regarding the regulations on
Transient Outdoor Businesses.
Councilman Christensen requested that staff mail a copy
of this ordinance to every organization and religious group that
might be affected by these regulations.
Mayor Shell stated she would like to know, prior to the
adoption of this ordinance, if it will require a permit or prohibit
downtown sidewalk sales, Salvation Army, etc., from their various
fund raising activities.
Councilman Barton's motion that Business Development and
Parking Committee Report No. 7-83 regarding Transient Outdoor
Businesses, be accepted; and first reading considered given an
Ordinance adding Chapter 5.56 to the Bakersfield Municipal Code
relative to Regulations of Transient Outdoor Businesses, was
approved.
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 8-83 regarding Proposed
Ordinance on Height Restrictions in Commercial and Manufacturing
Zones, as follows:
On January 19, 1983, the City Council received
the Planning Commission's report and recommenda-
tions concerning several amendments to Zoning
Ordinances. Among those ordinances was one to
reduce height limits in C-i, C-2, M-1 and M-2
Zones, and an ordinance allowing the City Council
476
Bakersfield, California, May 4, 1983 - Page 7
to grant modifications to increase building
height by only two stories. The Planning Com-
mission recommended against the adoption of
both of these and this matter was referred to
the Business Development and Parking Committee
for study and recommendation. The Committee
has met with members of the public involved in
real estate and development to discuss these
ordinances and has also deliberated the pros
and cons of the ordinances. Members of the
public who attended the Committee meetings were
supportive of the City's efforts to redevelop
downtown. However, the majority opposed the
reduction of height limits in the C-l, C-2,
M-1 and M-2 Zone Districts. Their concerns
were primarily that the adoption of these
ordinances would present a negative image of
Bakersfield's development policies and not
really serve to encourage development downtown.
Some of them felt that there may be specialty
businesses needing high rise buildings in
special settings outside of the downtown area.
Those who spoke in favor of the proposed height
limitations felt this would be a positive step
towards revitalizing downtown and that it was
necessary to equalize development potential in
the City.
The Committee very much appreciates the straight-
forward discussion for and against the proposed
ordinances and carefully considered them. It
is the Committee's position, however, that high
rise development scattered throughout the City
of Bakersfield will create a dispersed demand
for services, like Fire and Police protection
and infrastructures (streets, utilities), which
do not now exist. The development of high rise
buildings within the downtown area would promote
maximum utilization of existing services and
infrastructures, and thereby, reduce demand on
existing revenues, which would be the normal
byproduct of growth. Since lower priced land
for commercial and industrial development is
readily available outside the downtown area of
the City, unless it is appropriately regulated,
high rise development would more probably occur
in the outlying areas of the City rather than
the downtown area where it would serve better.
Major revitalization and redevelopment of down-
town may never occur and the downtown will suffer
further decline, deterioration and decay. This
would result in substantial economic and social
cost for the entire community and is an un-
acceptable condition for the City. The Committee
has found that the need for outlying office and
commercial development has been and will continue
to be quite well served in buildings of four
stories or less. The height limit for the C-O
(Commercial Office) Zone is not proposed to be
changed.
The Committee's feeling is that if the Council
retains its ability to grant modifications
without limitation for increased heights, that
Bakersfield, California, May 4, 1983 - Page 8
477
in those £ew cases where high rise structures
may be required outside of downtown, given
sufficient justification, the Council would
approve that development. This ability by the
Council to take into consideration various
factors such as location, proposed use and
design needs should provide the necessary
flexibility in the ordinance's administration.
Initially, it is also felt that the restraints
on height should not apply to buildings used
exclusively for residential purposes, hospitals
and hotels.
The Committee also has concluded that additional
opportunity should be given to those persons
interested in this matter to present their
positions to the entire City Council.
The Committee recommends~
1. That this Committee report be accepted by
the City Council,
That the ordinance limiting heights in
C-I, C-2, M-1 and M-2 Zone Districts be
introduced for first reading at this
meeting,
T~at a public hearing be noticed for and
heard on June 15, 1983, to consider this
ordinance; and
o
That the proposed ordinance to limit the
authority of the City Council to grant
modifications of only two additional stories
not be adopted.
Councilman Barton stated the report was prepared last
Friday and the Committee met again Tuesday and this afternoon with
the Board of Realtors in an attempt to find some way to solve the
downtown problem without being too restrictive in other areas of
the community.
Councilman Payne stated the Committee is recommending
that the proposed ordinance be amended by adding a provision that
will cause the ordinance to expire 2 years from the date of adoption,
delete references and repeal other ordinances that allow the
Council to approve modification of height limitations.
Councilman Ratty stated due to a real or imaginary con-
flict of interest he would not participate in this matter.
Councilman Christensen stated he is very opposed to
limiting the height of buildings.
478
Bakersfield, California, May 4, 1983 - Page 9
After discussion, upon a motion by Councilman Barton,
Business Development and Parking Committee Report No. 8-83 regarding
Proposed Ordinance on Height Restrictions in Commercial and Manu-
facturing Zones, was accepted; amendment to the proposed Ordinance
by adding a provision that will cause it to expire 2 years from
the date of adoption, deleting references and repealing other
ordinances that allow the Council to approve modification of
height limitations, was approved; public hearing for consideration
of the ordinance was set for June 15, 1983; and proposed ordinance
to limit the authority of the City Council to grant modifications
of only two additional stories, was not adopted. Councilman Ratty
abstained from voting on this matter.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Sections 17.22.040, 17.24.050,
17.28.040 and 17.30.040 of the Bakers-
field ~unicipal Code relative to
Building Height.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Sections 17.22.040,
17.24.050, 17.28.040 and 17.30.040 of the Bakersfield Municipal
Code relative to Building Height.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 6112 to 6252,
inclusive, in the amount of $243,828.87.
(b) Claim for Personal Injuries and Damages
from Peter John Nicholas and Dianna
Nicholas, c/o Ghitterman, Hourigan,
Grossman, Finestone & Schumaker, Attorneys
at Law, P.O. Box 6670, Ventura, California.
(Refer to City Attorney)
(c) Electrical Line Easement from Bakersfield
Red Lion Motor Inn providing easement for
electrical service to a City owned street
light, as required by the Planning Com-
mission for Parcel Map No. 6642, located
on south side of Rosedale Highway and
west side of State Highway 99.
Bakersfield, California, May 4, 1983 - Page l0
479
(d)
Contract Change Order No. 2 to Contract
No. 82-216 with McLaughlin Construction
for construction of Senior Citizens Center.
This Change Order is necessary for installa-
tion of a manhole per City specifications
at the "R" Street connection of a new 6"
sewer to existing City sewer and a new
water meter and 2" water service in 4th
Street as requested by California Water
Service Company in lieu of 5th Street
service to existing building and reroute
water lines overhead inside building to
plumbing fixtures. This change requires
additional material, labor and excavation
for the new service line. The Change
Order increases the contract by $7,078.61.
Sufficient funds are available in the
Community Development Funds to pay for
this Change Order.
(e)
Application for Encroachment Permit from
Butterfield Savings & Loan Association,
1530 Truxtun Avenue, Bakersfield, for
construction of landscaped planters and
exit sign behind sidewalk on east side of
Eye Street and north side of Truxtun
Avenue, at 1530 Truxtun Avenue.
(f)
Application for Encroachment Permit from
David Nenahlo, 2301 Teresa Court, Bakers-
field, for construction of a 34 inch high
block retaining wall behind sidewalk on
Dolfield Avenue and on Teresa Court, at
2301 Teresa Court.
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e) and (f) of the Consent Calendar, were adopted b~ the
following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong
Noes: None
Absent: Councilmen Barton, Christensen
ACTION ON BIDS
Upon a motion by Councilman Rockoff, proposal from Ed
Rodgers, for a fee ranging from 93% to 11½% of gross sales, for
Auction Service for Surplus and Unclaimed Property, was accepted,
all other proposals rejected and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Payne, low bids of Hersey
Products (3 items), in the amount of $42,203.90, Rockwell Inter-
national (3 items), in the amount of $39,365.22, and Pipeline
Products (2 items), in the amount of $21,820.63, for Annual Contract
for Water Meters, were accepted, all other bids rejected and the
Mayor was authorized to execute the contracts.
Bakersfield, California, May 4, 1983 - Page ll
Upon a motion by Councilman Ratty, low bid of Pargas of
Bakersfield, in the amount of $20,320.20, for Annual Contract for
Propane (No. 57183), was accepted, all other bids rejected and the.
Mayor was authorized to execute the contract.
Upon a motion by Councilman Rockoff, low bid of Credence
Construction, in the amount of $66,915.79, for construction of
Storm Drains in "M" Street between 23rd and 21st Streets, and
East Truxtun Avenue between Beale Avenue and Gage Street, was
accepted, all other bids rejected and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Rockoff, low bid of H. S.
Crocker, in the amount of $15,402.19, for Annual Contract for
Office Supplies, was accepted, the other bid rejected and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Payne, bid o£ 3M Company,
in the amount of $26,235, for Microfilm Processor Camera for the
Public Works and Building Departments, was accepted and Budget
Transfer, in the amount of $900.00, from Account No. 11-75100-652
to Account No. 11-77100-652, was approved.
Upon a motion by Councilman Christensen, bid of General
Seating, in the amount of $7,326.85, for Aluminum Planks and
Accessories, was accepted.
Upon a motion by Councilman Payne, low bid of Ashby
Construction, in the amount of $337,319, for remodeling the Main
Fire Station, was accepted, all other bids rejected, the Mayor was
authorized to execute the contract and Budget Transfer in the
amount of $5,000 from Account No. 56-76100-512 and $12,119 from
Account No. 56-79200-693 to Account No. 58-79200-693, was approved.
Upon a motion by Councilman Christensen, low bid of Webb
Electrical, in the amount of $37,900, for Traffic Signal System on
Beale Avenue at Flower Street, was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
Bakersfield, California, May 4, 1983 - Page 12
DEFERRED BUSINESS
Adoption of Ordinance No. 2843 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 north side
of Fairview Road, 660 feet west of
South "H" Street.
The application for this amendment was made by M. Frank
St. Clair and would change subject property from an "A" (Agricul-
tural) Zone to an R-1 (One Family Dwelling) Zone.
The proposed R-1 Zone is consistent with the Land Use
Element of the Bakersfield Metropolitan Area General Plan and the
Planning Commission recommended approval of this amendment.
Upon a motion by Councilman Barton, Negative Declaration
and Ordinance No. 2843 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 north side of Fairview
None
None
Road, 660 feet west
consistent with the
roll call vote:
Ayes: Councilmen Barton,
Rockoff,
Noes:
Absent:
of South "H" Street, finding said zoning
General Plan, were adopted by the
Christensen, Means, Payne,
Strong
NEW BUSINESS
Adoption of Resolution No. 69-83 of
the Council of the City of Bakers-
field adopting Sanitary Sewer Plan
for Pierce Road - Oak Street Planned
Sanitary Sewer Area and making
findings relative thereto.
following
Ratty,
resolution adopts the plan and sets the fees for this planned sewer
area.
the Pierce Road - Oak Street Planned Sanitary Sewer Area. This
On March 16, 1983, an ordinance was adopted establishing
Bakers£ield, California, May 4, 1983 - Page 13
Upon a motion by Councilman Payne, Resolution No. 69-83
of the Council of the City of Bakersfield adopting Sanitary Sewer
Plan for Pierce Road - Oak Street Planned Sanitary Sewer Area and
making findings relative thereto, was adopted by the following
roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff, Strong
Noes: None
Absent: None
Councilman Ratty stated that due to a real or imaginary
interest he would not participate in the following
conflict of
matter.
Adoption of Subordination of Redevelop-
ment Agency pledged tax revenues to Tax
Allocation Bond Issue 1983.
Reimbursement payments required, pursuant to Agreement
No. 74-67, are subordinate to all pledges of tax revenues for the
payment of the Redevelopment Agency of the City of Bakersfield
Redevelopment Project Tax Allocation Bond Issue 1983.
Upon a motion by Councilman Strong, Subordination of
Redevelopment Agency pledged tax revenues to Tax Allocation Bond
Issue 1983, was adopted by the following roll call vote:
Ayes Councilmen Barton, Christensen, Means, Payne, Rockoff:.
Strong
Noes None
Absent: None
Abstaining: Councilman Ratty
HEARINGS
This is the time set for continued hearing before the
Council on an Appeal by 18 Surrounding Property Owners to the
decision of the Board of Zoning Adjustment granting an application
for a Conditional Use Permit, with five conditions, to Jean
Curutchague to allow a banquet room to serve alcoholic beverages
when served together with and incidental to the serving of food
and to permit catering of food in a C-1 (Limited Commercial) Zone,
Bakersfield, California, May 4, 1983 - Page
493
affecting that certain property in the City of Bakersfield commonly
known as 208 Oak Street.
This hearing was duly advertised and the property owners
notified as required by law.
The public portion of this hearing was closed at the
Council Meeting of April 20, 1983.
A letter in support of the Conditional Use Permit was
received from Mr. Marvin D. Miller, Rain For Rent, Inc., P.O.
Box 2248, dated April 21, 1983.
A letter was received from Mr. John Q. Long, 457 Acacia
Avenue, owner of property on Verde and Bank Streets, dated April
25, 1983, rebutting statements made by persons appearing at the
hearing held on April 20, 1983, who objected to the granting of
the Conditional Use Permit and objecting to barriers being placed
on the streets surrounding the Chalet Basque and banquet hall.
Petitions, signed by 37 residents surrounding the Chalet
Basque and banquet hall, have been received objecting to the
closing of Verde and Bank Streets to make them one-way streets.
Mayor Shell declared a brief recess at 8:50 P.M. and
reconvened the meeting at 9:00 P.M.
Upon a motion by Councilman Means, petition, signed by
15 residents of the area surrounding the Chalet Basque and banquet
hall, opposing the closing of Bank Street at Oak Street or making
Street one-way going west, was received and ordered placed on
Bank
file.
Mr. David Stiles, Attorney representing Mr. and Mrs.
Curutchague, stated the following conditions have been agreed
by J. B. and Marie Curutchague and residents in opposition to
granting of the Conditional Use Permit:
1. The Curutchagues will build a 6 foot masonry
wall, 6 foot above the grade of the parking
lot, on the existing wall to protect ad-
joining residents.
to
the
Bakersfield, California, May 4, 1983 - Page 15
2. The capacity of the banquet hall will be
limited to 100 persons.
3. Windows on east side of the banquet hall
will be blocked to protect the residents
from excessive noise.
4. Private Guard will be hired to maintain
orderly behavior around the banquet hall
on evenings when that facility is in
operation.
5. For a period of 6 months, ending December
l, 1983, the hours of operation of the
banquet hall will be limited to 12:00
Midnight.
6. No live bands will perform in the banquet
hall during this time period.
Mrs. Curutchague indicated that she did not agree to the
ban on live music.
7. The block wall will terminate at the north
and south ends of the banquet hall. Plans
have been agreed upon by both sides of this
issue.
Mr. Stiles stated there has been an understanding reache,~
with regards to blocking and cul-de-sacing certain streets, the
details of which ~r. Tom Fallgatter, Attorney for the property
owners, will present to the Council. The Curutchague's have not
concerned themselves with that issue. They have, essentially,
agreed to any configuration of those streets that the Council
permits.
Mr. Fallgarter stated Mr. Stiles has presented the
agreement that has been reached between the residents and
Curutchagues, with the exception of the live music. The block
wall will be tied into the existing building on the north and
south, so people cannot go across residents'backyards on Oakbank
Road. On the north side of the building it will go from the
property line to the building, so there will not be space for people
to get through. On the south side the wall will start at the
building and go south from there.
Mr. Fallgatter stated there are additional matters,
between residents and the City, not involving the Curutchagues,
Bakersfield, California, May 4, 1983 - Page 16
concerning circulation around the
and traffic
1.
neighborhood regarding parking
on Bank and Verde Street, as follows:
Verde Street would be made a cul-de-sac at
the last residence on the south side at
the western edge, adjacent to the parking
lot at Yen Ching's. The cul-de-sac would
include a 6 foot chain link fence to stop
pedestrian traffic from going £rom the
part of Verde Street east of the cul-de-sac.
Bank Street would be made one-way going
westerly. It would be posted from the
area of Cypress Street to Oak Street for
20 minute parking.
The understanding is that the necessary ordinances and
appropriations to accomplish this will start tonight.
No Parking area on the south side of Bank
Street from Oak Street to only as £ar as
the residential portions o£ the lots that
face, or are adjacent to, Bank Street, that
face Oakbank Road.
Councilman Means suggested,
agreed to the 6 month period, that it
since the Curutchagues have
is up to them to establish
Mr. Stiles stated the Chalet Basque will have a two week
delay before the Liquor License is approved and their understanding
of the 30 day moratorium, on the banquet hall, is that the £acility
may be used, but no liquor can be served.
good community relations. If there is a problem with live music
the residents can call and request that something be done.
Mr. Fallgarter stated his clients would agree to that.
The other agreement reached with the Curutchagues, is that, the
banquet hall will not be opened for 30 days, from tonight, assuming
that first reading is given to the one-way street ordinance and
the appropriation for the cul-de-sac is granted. Another item
that was not brought up is, depending on the configuration of the
cul-de-sac on Verde Street, if the one residence, that has the
driveway that goes onto Oakbank Road and adjacent to Verde Street,
becomes part of the commercial Verde Street, there would be a
"No Parking" Zone on that person~ backyard to keep cars from blocking
the driveway on the north side of Verde Street.
Bakersfield, California, May 4, 1983 - Page
Mr. Fallgarter stated that is correct.
Mr. Fallgarter stated, for the record, that when the
hearing was held two weeks ago, it was suggested that both Bank
and Verde Streets be cul-de-saced to create a barrier between the
commercial and residential zones. The residents of Oakbank Road,
have indicated they strongly prefer that solution. They are con-
cerned that one-way on Bank Street, even with 20 minute parking,
will not solve their problem. They wanted to indicate to the City
that they will accept this as an interim solution to see if it will
work. In the event the parking,
by heavy demands at the banquet
to come back to the Council and
traffic or other problems created
hall, they will want the opportunity
request additional steps; such as,
cul-de-sacing, which is their first preference. As a matter of
compromise, and in an attempt to move this along, they will accept
the one-way street for the present time.
Mr. Stiles and Mr. Fallgatter indicated that they had
covered all elements that were agreed upon by both sides of this
issue.
Councilman Means made a motion to uphold the decision of
the Board of Zoning Adjustment by granting a Conditional Use Permit
to Jean Curutchague to allow a banquet room to serve alcoholic
beverages when served together with and incidental to serving of
food and to permit catering of food in a C-1 (Limited Commercial)
Zone, affecting that certain property in the City of Bakersfield
commonly known as 208 Oak Street, subject to the conditions as
outlined tonight; staff proceed with the cul-de-sac on Verde Street
and an Emergency Ordinance be adopted making Bank Street from Olive
Street to Oak Street a one-way street.
City Manager Kelmar stated that Fire Chief Needham has
some concerns about the location of fire hydrants in the area and
requested that the motion be made subject to the Fire Department's
review of the fire hydrants.
Bakersfield, California, May 4, 1983 - Page 18
Councilman Means amended his motion that first reading
be considered given the ordinance designating Bank Street an east
to west one-way street between Olive and Oak Streets, which will
give the Fire Department one week to make an investigation.
In answer to a question by Mayor Shell, Assistant City
Attorney Saalfield stated these are two separate issues. One
action would be adoption o£ a Zoning Resolution granting the
Conditional Use Permit, subject to the conditions. The second act
is an Ordinance with respect to the Traffic Regulation section of
the Municipal Code.
Councilman Means withdrew his motion.
Upon a motion by Councilman Means, cul-de-sac on Verde
Street, was approved; and first reading was considered given an
Ordinance amending Section 10.28.010 of the Bakersfield Municipal
Code by adding thereto Subsection C. 2. g. relative to designating
Bank Street an east to west one-way street between the west curb
line of Olive Street and the east curb line of Oak Street, with
the other conditions as previously mentioned.
Councilman Means made a motion to adopt a Zoning Resolution
affirming the decision of the Board of Zoning Adjustment granting a
Conditional Use Permit to Jean Curutchague to allow a banquet room
to serve alcoholic beverages when served together with and
incidental to serving of food and to permit catering of food in
a C-1 (Limited Commercial) Zone, affecting that certain property
in the City of Bakersfield commonly known as 208 Oak Street, subject
to approval of all the conditions as previously outlined.
Mr. Fallgatter requested that a provision be added that
the Traffic Ordinance be approved and not subject to the Fire
Chief's investigation.
Assistant City Attorney Saalfield stated he does not
believe the cul-de-sac requires an ordinance. The one-way street
does require an ordinance. Essentially, the ordinance that just
had first reading is only for the one-way street provision. The
Bakersfield, California, May 4, 1983 - Page 19
rest can be taken care of through staff and that is the point to
which the Fire Chief expressed concern, the cul-de-sacing. It
would be appropriate to have the Conditional Use Permit related to
the decision of the Fire Chief concerning fire hydrants.
Councilman Means asked if it would be appropriate to
approve the Conditional Use Permit on condition of the Fire Chief's
report.
Assistant City Attorney Saalfield stated that would be
appropriate and it may also be conditioned on adoption of the
ordinance.
Councilman Means indicated he would make that part of
his motion.
Mr. Fallgatter asked what has been done by the Council
to cul-de-sac Verde Street.
Councilman Means stated that was one of the conditions
and, essentially, could be approved next week upon recommendation of
the Fire Chief and the approval of the Conditional Use Permit is
conditional on that being passed next week.
Public Works Director Hawley stated, the way he under-
stands this, is if the Fire Chief has no objections to that closing:,
then the Council has directed him to proceed with the cul-de-sac.
In answer to a question by Mr. Fallgatter, Assistant
City Attorney Saalfield stated it would be appropriate to make the
matter of the cul-de-sac a third motion.
Mr. Stiles stated they do not want the approval of the
Conditional Use Permit bound up with the cul-de-sac issue. If a
problem arises with the Fire Chief on the cul-de-sac issue they
want the Council to be able to address the question of the Condi-
tional Use Permit on other terms. They do not want the entire
Conditional Use Permit issue totally bound up with the cul-de-sac
issue. He requested that these be treated as separate issues.
Councilman Means' amended motion to adopt Zoning
Resolution No. 299 affirming the decision of the Board of Zoning
Bakersfield, California, May 4, 1983 - Page 20 489
Adjustment granting a Conditional Use Permit to Jean Curutchague
to allow a banquet room to serve alcoholic beverages when served
together with and incidental to serving of food and to permit
catering of food in a C-1 (Limited Commercial) Zone, affecting that
certain property in the City of Bakersfield commonly known as 208
Oak Street, subject to approval of Fire Chief re fire hydrant
availability in relation to proposed cul-de-sac on Verde Street and
to additional conditions imposed by the Council, and denying the
appeal from the decision of the Board of Zoning Adjustment by 18
Surrounding Property Owners, and also conditioned on adoption of
the ordinance designating Bank Street an east to west one-way
street between Olive and Oak Streets, was adopted by the following
roll call vote:
Ayes: Councilmen Barton, Means, Payne, Ratty, Rockoff, Strong
Noes: None
Absent Councilman Christensen
Upon a motion by Councilman Means the staff and Public
Works Department were directed to proceed with the work necessary
to create the cul-de-sac on Verde Street, assuming that the Fire
Chief does not have a problem with the engineering aspects of the
fire hydrants.
ADJOURN~ENT
There being no further business to come be£ore the
Council, upon a motion by Councilman Barton, the meeting was
adjourned at 9:30 P.M.
ATTEST:
MA el o%ty 0/Baker~Calif.
CIT~
Ex/Officio Clerk of the Council
of the City of Bakersfield, California
ma
490
Bakersfield, California, May ll, 1983
Minutes of a regular meeting of the Council of
of Bakersfield, California, held in the Council Chambers
Hall at 7:00 P.M., May ll, 1983.
The meeting was called to order by Mayor Shell,
the City
of City
followed
by
of the First Assembly of God Church.
the Pledge of Allegiance and Invocation by Reverend Ken Miller
The City Clerk called the rol~ as follows:
Present: Mayor Shell.
Councilmen Christensen (seated at 7:05 P.M..),
Means, Payne, Ratty, Rockoff,
Barton
Absent: Councilman Strong
Minutes of the regular meetings of April 20 and 27, 1983,
were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mayor Shell, on behalf of the National Association for
People with Disabilities, announced that they will hold a Jog-A-
Thon entitled "Bakersfield Lite Mile" on Saturday, May 14, 1983,
beginning at 8:00 A.M. at 19th and "G" Streets.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
National Democratic Policy Committee, 711 South Vermont Street,
Suite 207, Los Angeles, California, dated May 3, 1983, requesting
Council support of Senate Joint Resolution No. 23 in support of
an Aggressive Beam Weapons Development Program for the United
States, as proposed in President Reagan's national address on
strategic defense March 23, 1983, was received and referred to the
Legislative Committee for study and recommendation.
Mayor Shell announced she received a letter from the
City of Shafter inviting the Council and staff to participate in
their Water Ball Event at the 17th Annual Shafter Festival Days
on Sunday, ~ay 15, 1983, at 3:00 P.M.
COUNCIL STATEMENTS
Councilman Barton announced he intends to nominate Mr.
Larry Robinson, 2613 Crest Drive, to fill a vacancy on the Golden
Bakersfield, California, May ll, 1983 - Page 2
491
Empire Transit Board, created by the resignation of Mr. Donald
Franklin.
Councilman Ratty stated the construction of additional
freeway lanes on Route 99 from 1.5 miles south of Herring Road to
Panama Lane is listed as a priority item to be funded by the State.
Kern COG does not feel this is a priority and requested that the
City substitute the following items:
1.Widen overcrossing at Route 99 and Planz
Road.
2. Intersection of Route 99 and Rosedale
Highway.
Upon a motion by Councilman Ratty, substitution of the
widening of the overcrossing at Route 99 and Planz Road and inter-
section of Route 99 and Rosedale Highway, instead of additional
freeway lanes on Route 99 from 1.5 miles south of Herring Road to
Panama Lane, as priority items to be funded by the State, was
approved.
Councilman Christensen, for the public's information,
stated he wanted to explain what happened at this evening's
Redevelopment Agency Meeting. The meeting started 35 minutes late
because the Agency's Committee was meeting with the developer
regarding the financial structure and property acquisition, etc.
There were several questions asked after the Agency ~eeting started
and then they expected him to vote on these matters. He requested
that the matter be tabled until the rest of the Agency Members,
Councilmen Payne, Means and himself, had a chance to read the
Committee Report. They were informed there was no report. The
Committee expected them to vote on a matter that they had been
discussing, upstairs, for ~ hours. Councilman Christensen stated
he had never heard of these matters prior to the Agency Meeting.
He then requested that it be tabled until a report was available
to study and a~l of the Agency Members voted against that motion.
Councilman Christensen stated the Council should be ashamed to vote
49'2
Bakersfield, California, ~ay 11, 1983 - Page 3
on matters that the Committee has not reported on. If that is
going to be done why should the Council have Committees?
Councilman Barton stated shortly after Councilman
Christensen left the Redevelopment Agency Meeting it was recessed
until tomorrow at 12:00 Noon in the Council Chambers.
REPORTS
Councilman Payne, member of the Business Development and
Parking Committee, read Report No. 9-83 regarding Teenage Centers
and Public Dances, as follows:
At the City Council Meeting of April 13, 1983,
first reading was given to an ordinance relative
to Teenage Centers and Public Dances. In addi-
tion to first reading, the proposed ordinance
was referred to the Business Development and
Parking Committee for further recommendation.
During this Committee's meeting with staff, we
noted the existing ordinance exempts public
dances at Teenage Centers, however, does not
provide a definition of "Teenage Centers."
The proposed ordinance adds the definition of
Teenage Centers as "...facilities operated by
a nonprofit, charitable, philanthropic, social
service, benevolent, educational, civic, or
religious organization providing recreation
and related activities to persons not less
than thirteen (13) nor more than nineteen (19)
years of age." Additionally, we felt it
appropriate to allow admission to public dances
to persons who had reached the age of 14 years,
providing such person is accompanied by the
parent or legal guardian of such person.
Presently, the age requirement is 16 years.
Therefore, we recommend the City Council adopt
the proposed ordinance, which incorporates the
recommendations of this Committee relative to
Public Dances and Teenage Centers.
Upon a motion by Councilman Payne, Business Development
and Parking Committee Report No. 9-83 regarding Teenage Centers
and Public Dances, was accepted.
Adoption of Ordinance No. 2844 New
Series of the Council of the City
of Bakersfield amending Sections
5.44.120 and 5.44.130 of the Bakers-
field Municipal Code relative to
Public Dances and Teenage Centers.
Upon a motion by Councilman Payne, Ordinance No. 2844
New Series of the Council of the City of Bakersfield amending
Bakersfield, California, May ll, 1983 - Page 4
Sections 5.44.120 and 5.44.130 of the Bakersfield Municipal Code
relative to Public Dances and Teenage Centers, was adopted by the
following roll call vote:
Ayes:
Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Barton
Noes: None
Absent: Councilman Strong
Police Chief Price stated the City's Labor Negotiator
Bill Avery planned to attend tonight's Council Meeting, however,
due to traffic congestion he missed his plane.
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 5-83 regarding Memorandums
of Understanding with Safety Employees, as follows:
In compliance with the State of California
Meyers-Milias-Brown Act, the City has for the
past year been meeting and conferring with the
International Brotherhood of Police Officers
(IBPO), the California State Fire Fighters
Association which represents Fire Captains,
the Teamsters which represents the City's Fire
Fighters, and consulted with the Police
Supervisory Unit.
We are pleased to report that the Memorandums
of Understanding have been reached with these
units and copies have been submitted to the
Mayor and Council for consideration.
The City's negotiating team headed by Bill
Avery has been able to negotiate within the
guidelines established by the City Council in
their last Executive Session. As a result,
agreements which are presently in effect for
all units representing the City's Safety
Employees will be extended for an additional
year and one-half, expiring December 31, 1984.
The changes in these agreements are in the
employee's Retirement and Medical Insurance
Programs and are outlined in this Committee's
recommendations. The annual cost to the City
for all units is less than 4%.
Negotiations are presently underway with the
Blue and White Collar Units, which are repre-
sented by the Service Employees International
Union (SEIU). Hopefully, these negotiations
will be finalized by July, 1983.
The G.E.P. Committee is recommending Council
acceptance of the Memorandums of Understanding
for Safety Employees, which, in effect, will
provide the following:
494
Bakersfield, California, May 11, 1983 - Page 5
Effective the first full pay period in
July, 1983, new employees will pay employee
contributions to the Public Employees
Retirement System (PERS) for the first six
years of continuous employment with the
City.
o
Effective the first full pay period in
July, 1983, the City will pay up to $12.00
per month towards any increase in Blue
Cross Medical Insurance for all employees.
If the increase exceeds $12.00 per month,
employees will pay that portion over and
above the City's $12.00 increase.
Effective the first full pay period in
October, 1983, the City will implement
the 2% at 50 retirement formula for all
Safety Employees. The changes in the
retirement system requires all Safety
Employees to be covered, therefore, the
Police and Fire Management personnel are
included and will forego any other salary
considerations during the same 18-month
period.
Effective the first full pay period in
July, 1984, the City will pay up to $12.00
per month towards any increase in Blue
Cross Medical Insurance for all employees.
If the increase exceeds $12.00 per month,
employees will pay that portion over and
above the City's $12.00 increase.
Upon acceptance to these Memorandums of Under-
standing a Resolution of Intention to amend
the PERS contract will be acted upon by the
Council on June 8, 1983. Employees will then
vote their approval or disapproval of these
amendments and then an ordinance will be before
the Council for final approval July 6, 1983.
The G.E.P. Committee is recommending Council
approval of this report and acceptance of the
Memorandums of Understanding.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 5-83 regarding Memorandums of
Understanding with Safety Employees, was accepted; and Memorandums
of Understanding with the International Brotherhood of Police
Officers (IBPO), California State Fire Fighters Association repre-
senting Fire Captains, Teamsters representing the City's Fire
Fighters, and Police Supervisory Unit, were accepted.
Bakersfield, California, May ll, 1983 - Page 6
495
DEFERRED BUSINESS
Adoption o£ Zoning Resolution No.
299 of the Council of the City of
Bakersfield granting a Conditional
Use Permit, with five conditions, to
Jean Curutchague to allow a banquet
room to serve alcoholic beverages
when served with and incidental to
the serving of food and to permit
catering of food in a C-1 (Limited
Commercial) Zone, affecting that
certain property in the City of
Bakersfield commonly known as 208
Oak Street, subject to additional
conditions imposed by the Council.
At the Council Meeting of May 4, 1983, the Council
approved the following items, subject to a report from the Fire
Chief:
Conditional Use Permit to Jean Curutchague,
with conditions.
First reading of an Ordinance designating
Bank Street as an east to west one-way
street between the west curb line of Olive
Street and east curb line of Oak Street.
3. Public Works staf£ to proceed with cul-de-
sac on Verde Street.
A petition was received, signed by 68 property owners of
the area surrounding the Chalet Basque and banquet hall, protesting
the closing of either Verde or Bank Streets at Oak Street, or
designating either one a one-way street.
A letter was received from Mrs. Ann Kokinos, 301 "A"
Street, opposing the closing of any streets for businesses.
Director of Fire and Development Services Needham report.~d
that after analyzing the fire hydrants in the area it was found that
there is an area of concern if Verde Street is closed, as proposed
at the last Council Meeting. If Verde Street is closed it is
recommended that a fire main be installed from Oak Street to the
existing fire main, new hydrants be installed at Olive and Verde
Streets and relocate the fire hydrant at Cypress and Verde Streets
to a 6 inch main. The cost for this work would be somewhere between
$12,000 to $15,000. Instead of closing Verde Street, as originally
proposed, there are other alternatives that can be done on a phase
496
Bakersfield, California, May 11, 1983 - Page 7
basis; such as, making it a one-way street out to the west. Yen
Ching's Restaurant impacts the area because people who cannot find
parking in the lot park in the residential area on Verde Street,
which causes other problems. A barrier type situation was analyzed
for that location. At a later date a barrier could be placed down
the center of Verde Street, which would have to be negotiated with
the County of Kern because Verde Street is partially in the County.
This would not block egress from the area, yet people from Yen
Ching's could not drive into the residential area.
A discussion took place regarding designating Bank Street
as one-way, but it was opposed by the Police Chief and Public
Work's Director because it is a thoroughfare. Chief Needham stated
he would not recommend the alternative of placing a barrier across
Verde Street, unless done to City Standards for cul-de-saces, so
fire apparatus and other equipment would have a turn radius and
fire hydrants installed.
It is recommended that the one-way street option be tried
first and later, if necessary to deter traffic from Yen Ching's,
the residents can request the barrier down the center of Verde
Street.
In addition, there are areas along Verde and Bank Streets
where parking is a nuisance to residents. It is recommended that
parking be totally eliminated in those areas. Limiting parking
to 20 minutes, in Police Chief Price's opinion, would be impossible
to enforce since the ~eter Maids work during daytime hours downtown
and would have to drive out to the area.
Public Works Director ttawley stated, for clarification,
that since a portion of Verde Street is outside the City Limits
it will be necessary to obtain the County's approval for the one-
way street from Oak Street east for approximately 250 feet. It
may require an ordinance from the Board of Supervisors and that
would take time. The parking restrictions along Verde Street
could be placed between Oak and Olive Streets, or further east,
Bakersfield, California, May 11, 1983 - Page 8
497
depending on the resident's desires. The same is true for the
residents of Bank Street.
Councilman Ratty made a motion to adopt Zoning Resolution
No. 299 of the Council of the City of Bakersfield granting a Cond:£-
tional Use Permit, with five conditions, to Jean Curutchague to
allow a banquet room to serve alcoholic beverages when served to-
gether with and incidental to the serving of food and to permit
catering of food in a C-1 (Limited Commercial) Zone, affecting that
certain property in the City of Bakersfield commonly known as 208
Oak Street, subject to additional conditions imposed by the Council.
Mr. Tom Fallgarter, Attorney representing Carol Benston
one of the persons opposing the Conditional Use Permit, asked if
the Council is dropping all the conditions imposed by the Council
at the meeting of ~ay 4, 1983.
Councilman Ratty stated the only conditions being dropped
relate to the one-way street and cul-de-sac.
Mr. Fallgatter stated, for the record, because the Council
is not going forward with the one-way street and cul-de-sac Mrs.
Benston will withdraw her support of the granting of the Conditional
Use Permit.
In answer to a question by Councilman Christensen, Council-
man Ratty stated the three major conditions placed on the Conditional
Use Permit are:
1. Windows on east side of the banquet hall
will be blocked to protect the residents
from excessive noise.
2. For a period of 6 months, ending December
l, 1983, the hours of operation of the
banquet hall will be limited to 12:00
Midnight.
3. The Curutchagues will build a 6 foot masonry
wall, 6 foot above the grade of the parking
lot, on the existing wall to protect ad-
joining residents.
Councilman Ratty assured Mrs. Benston he would pursue
this matter to solve the neighborhood problems with parking and
traffic.
Bakersfield, California, May 11, 1983 - Page 9
Mrs. Carol Benston, 211 Oakbank Road, expressed her
opposition to the granting of the Conditional Use Permit. Mrs.
Benston requested that the Council either deny the Conditional Use
Permit or cul-de-sac both Verde and Bank Streets.
Mr. John Q. Long, 457 Acacia Street, owner of 56 units
on Verde Street, stated he submitted petitions containing 97
signatures of people who live in the area, who do not want Verde
Street closed or barricaded and do not want Bank Street made a
one-way street. Mr. Long explained the inconvenience to his
tenants i£ these streets are closed or made one-way. He felt the
taxpayers money should not be used for this and the suggestion of
"No Parking" signs on Bank Street would solve the problem.
Mr. David ~tiles, Attorney for Jean Curutchague, assured
the Council that the owners of the Chalet Basque will continue to
be a good neighbor to the residents of Oakbank Road and Verde Street
areas. Mr. Stiles requested that the Conditional Use Permit be
granted with the original five conditions imposed by the Board of
Zoning Adjustment and they be allowed to voluntarily enact the
other conditions.
Councilman Ratty requested that the conditions imposed
at the meeting of May 4, 1983, be read into the record so they
could be added to his motion.
City Attorney Oberholzer read the conditions as follows:
1. The Curutchagues will build a 6 foot masonry
wall, 6 foot above the grade of the parking
lot, on the existing wall to protect ad-
joining residents.
2. The capacity of the banquet hall will be
limited to 100 persons.
3. Windows on east side of the banquet hall
will be blocked to protect the residents
from excessive noise.
4. Private Guard will be hired to maintain
orderly behavior around the banquet hall
on evenings when that facility is in
operation.
Bakersfield, California, May ll, 1983 - Page 10
499
5. For a period of 6 months, ending December
1, 1983, the hours of operation of the
banquet hall will be limited to 12:00
Midnight.
6. No live bands will perform in the banquet
hall during this time period. (This
condition was dropped because the appli-
cant did not agree to it.)
7. The block wall will terminate at the north
and south ends of the banquet hall. Plans
have been agreed upon by both sides of the
issue.
Mr. Jerry Stanley, 3100 Bank Street, stated his feelings
are the same as Mrs. Benston and will withdraw the support he gave
last week when the motion was made, because he thought they would
cul-de-sac Verde Street and one-way Bank Street. He will continue
to request a cul-de-sac because that is the solution to their
problems. Mr. Stanley requested, if the Conditional Use Permit
is granted, he would like a "No Parking" sign placed in front of
his home.
Mrs. John Q. Long requested that Verde Street not be made
one-way, because their tenants will have a real problem going to
and from their apartments. It will cause more traffic on Cypress
Street and streets are for people to travel on. The people living
in the area did not know anything about closing Bank Street and
she placed a notice in the newspaper so they would know what was
being planned.
Councilman Means asked if the motion to approve the
Conditional Use Permit includes the 6 conditions imposed by the
Council, dropping the one on the ban of live music.
City Attorney Oberholzer stated that is the way he under-
stands the motion and it also includes the conditions imposed by
the Board of Zoning Adjustment. One of those conditions was that,
if there are complaints received from the neighborhood that the
Conditional Use Permit can be re-evaluated and revoked at some
later date.
5OO
Bakersfield, California, ~4ay ll, 1983 - Page
)~r. Dave Sliger, who lives on the corner of Olive and
Verde Streets, stated his main concern is with the traffic problems
and it does need attention. He felt the "No Parking" signs are
the answer to the problem.
Mr. Jay Taylor, apartment tenant, spoke in opposition to
closing or making the streets one-way. He felt the only solution
is to put up "No Parking" signs on those streets.
Mr. Ron Sprague, 20 Cypress Street, stated the streets
in that area are very narrow with cars parked on both sides. There
are problems with traffic now, but it will be tremendous if Verde
Street is b~ocked at Oak Street and people are forced to use Palm
Street to get to Cypress Street, etc. He questioned the fact that
the residents of the area were not notified that this street change
was taking place until Mrs. Long informed them.
Mr. Michael Callagy, Cornerstone Engineering, representing
the Curutchagues, asked in the ban on live music was omitted.
Councilman Ratty stated that condition was omitted.
Mr. Callagy stated one of the conditions states the
capacity of the banquet hall is 100 persons and requested that the
condition be changed to limit the number of persons to what the
Fire Department limits it to.
Councilman Ratty stated he would amend that condition to
state the fire capacity of the building.
Councilman Ratty's motion to adopt Zoning Resolution No.
299 of the Council of the City of Bakersfield granting a Conditional
Use Permit, with five conditions, to Jean Curutchague to allow a
banquet room to serve alcoholic beverages when served together
with and incidental to the serving of food and to permit catering
of food in a C-1 (Limited Commercial) Zone, affecting that certain
property in the City of Bakersfield commonly known as 208 Oak
Street, subject to the 6 conditions imposed by the Council and
changing the capacity of the banquet room from 100 persons to the
Bakersfield, California, May ll, 1983 - Page 12
fire capacity, carried by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Barton
Noes: Councilmen Christensen, Means
Absent: Councilman Strong
Mr. John Dumler, 220 Oakbank Road, expressed his opposition
to the granting of the Conditional Use Permit for the operation of
the banquet hall.
Councilman Means requested that staff place "No Parking"
signs on Bank and Verde Streets, from Oak to Cypress Streets, where
they are requested by property owners.
Upon a motion by Councilman Means, the issue of no
parking, closure and one-way streets in the area surrounding the
Chalet Basque and banquet hall was referred to the Budget Review
and Finance Committee for study and recommendation.
Mayor Shell declared a brief recess at 8:30 P.M. and
reconvened the meeting at 8:40 P.M.
NEW BUSINESS
Authorization granted to the City
Attorney to prepare an agreement for
review by the Bakersfield City Council
and City of Shafter for Legal Services
for the City of Shafter.
The City of Shafter requested that the City Attorney's
Office provide legal services on a limited basis (approximately
l0 hours per month). The City's costs for providing this service
would be approximately $60.00 per hour. It is recommended that
this program be instituted on a trial basis under a 6 month agree-
ment with termination upon 30 days notice.
Upon a motion by Councilman Barton, the City Attorney
was granted authorization to prepare an agreement for review by
the Bakers£ield City Council and City of Shafter for Legal Services
for the City of Shafter.
HEARINGS
This is the time set for public hearing before the
Council for hearing protests by persons owning real property or
Bakersfield, California, May 11 1983 - Page 13
any registered voter residing within terrmtory designated as "Park
Stockdale," proposed to be annexed to the City of Bakersfield.
This hearing was duly advertised, posted and the property
owners, all affected City, County and Districts and LAFCO Executive
Director were notified as required by law.
This is an inhabited annexation containing 181.72+ acres
of land, located north of Stockdale Iiighway and ¼ mile west of
California Avenue.
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being received, the public
hearing was closed for Council deliberation and
a motion by Councilman Ratty, Resolution No. 70-83
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. 798, Annexation No. 288 (Park Stock-
dale), annexed to the City of Bakersfield, was adopted by the
following roll call vote: '~
Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Barton
Noes: None
Absent: Councilman Strong
This is the time set for public hearing before the
Council on an Appeal by Michael G. Logan to the decision of the
Board of Zoning Adjustment granting an application for a Condi-
tional Use Permit to the First Assembly of God Church that will
allow light poles to extend up to 15-feet above the 35-foot maximum
height limitation, on a recreation field in an R-1 (One Family
Dwelling) Zone, affecting that certain property commonly known as
~arella Street between California Avenue and Montclair Street.
This hearing was duly advertised and the property owners
notified as required by law.
portion of the
action.
Upon
Bakersfield, California, May 11, 1983 - Page
pation.
Mayor Shell declared the hearing open for public partic~-
Mr. Michael Logan, property owner in the area, stated he
purchased five lots in the area immediately south of the ballpark
to develop single family homes, because they are near shopping,
parks and petroleum industry. He objects to the lights in the ball-
park, because it will be very.difficult to sell his homes, they
will be a nuisance to future homes because of the illumination and
all other ballparks in the southwest area have been well planned
by buffering them with apartments, condominiums or vacant land.
Other church ball parks are not lighted and he does not feel they
are needed.
Mr. Tom Stanley, General Contractor and owner of seven
lots in the general vicinity, stated he is presently constructing
two homes in the area and feels the lights will be detrimental to
selling the property. One home will be his residence. He does
not oppose the ballpark, but does oppose the lights.
~r. Charles Porterfield, representing the owner of the
five lots east of the ballpark, stated they do not object to the
ballpark, but the lights are too high and will illuminate the
entire neighborhood.
Mr. Troy Chastain, representing the First Assembly of
God Church and builder in the area, stated they do not want to be
a nuisance or cause problems to the neighbors. Mr. Logan's properl;y
is approximately 300 feet from the nearest ~ight and there is a row
of mostly two-story homes between his property and the ballpark.
The lights will not face these properties. They will face the
commercial property. They want to provide clean and supervised
evening activities for young people. The lights will be turned off
on or before 10:00 P.M. and parking will be provided. The 50 foot
height is a standard for most ballparks in the City and they need
that height to provide proper lighting. Mr. Chastain requested
that the 50 foot height limitation for the recreation field be
approved.
Bakersfield, California, May ll, 1983 - Page 15
Mr. Dale Scales, former professional baseball player, in
answer to a question by Councilman Rockoff, stated from the stand--
point of his experience 35-foot lights are not sufficient and
would recommend granting 50-foot lights for enjoyment of the game.
No further protests or objections being received and no
one else wishing to speak in favor, Mayor Shell closed the public
portion of the hearing for Council deliberation and action.
Councilman Ratty stated he believes the decision of the
Board of Zoning Adjustment should be upheld because of Condition
No. 4 that was placed on the granting of the Conditional Use Permit,
which states:
If in one year the City receives bonafide com-
plaints regarding the operations of this
facility the Board of Zoning Adjustment will
review the Conditional Use Permit. The Board
of Zoning Adjustment has the power of revocation
should bonafide complaints be received.
Councilman Ratty made a motion to uphold the decision of
the Board of Zoning Adjustment and grant a Conditional Use Permit
to the First Assembly of God Church that will allow light poles
to extend up to 15-feet above the 35-foot maximum height limitation,
on a recreation field in an R-1 (One Family Dwelling) Zone, affecting
that certain property commonly known as Marella Street between
California Avenue and Montclair Street.
Councilman Payne stated that Condition No. 4 is a good
condition and should be placed on the property, however, one year
is a long time to wait if a property owner is annoyed by a neighbor-
hood situation, and he will oppose the motion.
Councilman Ratty's motion to uphold the decision of the
Board of Zoning Adjustment and grant a Conditional Use Permit to
the First Assembly of God Church that will allow light poles to
extend up to 15-feet above the 35-foot maximum height limitation,
on a recreation field in an R-1 (One Family Dwelling) Zone, affecting
that certain property commonly known as Marella Street between
Bakersfield, California, May ll, 1983 - Page 16 ~0~
California Avenue and Montclair Street,
following roll call vote:
Ayes:
Noes:
Absent:
Council
and was
failed to carry by the
Councilmen Ratty, Barton
Councilmen Christensen, Means, Payne, Rockoff
Councilman Strong
City Attorney Oberholzer explained the action that the
just took only denys the lighting for the recreation field.
Councilman Rockoff stated he misunderstood the motion
only voting to deny the requested additional 15-feet height
limitation on the lights. He did not vote to completely deny the
lights.
Councilman Means made a motion to grant the Conditional
Use Permit, including all previous conditions applied to the
property, to the First Assembly of God Church that will allow
light poles to extend to the 35-foot maximum height limitation on
a recreation field in an R-1 (One Family Dwelling) Zone, affecting
that certain property commonly known as Marella Street between
California Avenue and Montclair Street.
During discussion, Mr. Logan stated the intent of his
appeal was to completely deny the lights, not just the additional
15 feet.
City Attorney Oberholzer stated, in the reviewing this
matter, the original Conditional Use Permit was granted for a
school and nothing happened within the one year period of time
and that is why it expired. That means, if the Council is going
to allow the field for recreation purposes it requires that a
Conditional Use Permit be granted, whether or not the lights are
allowed.
In answer to a question by Mayor Shell, City Attorney
Oberholzer stated the granting of the Conditional Use Permit
should include the 50' x 28' storage building.
Councilman Ratty requested that Councilman Means amend
his motion to include the conditions imposed by the Board of Zoning
$O6
Bakersfield, California, May ll, 1983 - Page 17
Adjustment, excluding the 50-foot height limitation on the lights.
Councilman Means stated that he would amend his motion
to include that a hearing be held before the Board of Zoning
Adjustment in one year on the ~ights.
Councilman Means' amended motion to adopt Zoning
Resolution ~o. 300 of the Council of the City of Bakersfield
granting a Conditional Use Permit, including all previous condi-
tions applied to the property, to the First Assembly of God Church
that will allow light poles to extend to the 35-foot maximum height
limitation on a recreation field in an R-1 (One Family Dwelling)
Zone, affecting that certain property commonly known as Marella
Street between California Avenue and ~ontclair Street, and a
hearing be held before the Board of Zoning Adjustment in one year
on the lights, carried by the following roll call vote:
Ayes: Councilmen Christensen, Means, Ratty, Rockoff, Barton
Noes: Councilman Payne
Absent: Councilman Strong
This is the time set for public hearing before the Counci~
for the purpose of considering an application for a Conditional
Use Permit (CUP No. 3789), requested by Clifford Harding for Nickel
Enterprises to allow the elimination of Condition No. 7 on Condi-
tional Use Permit No. 2932 that prohibits the use of Rio Bravo
Airport by jet aircraft and replacing it with a condition limitin~
use by aircraft not exceeding 12,500 pounds gross take-off weight
in a C-1-D (Limited Commercial - Architectural Design), C-2-D
(Commercial - Architectural Design), and M-1-D (Light Manufacturing -
Architectrual Design) Zones, on that certain property commonly knc.wn
as Rio Bravo Airport, south of Highway 178, east of Comanche Road.
This hearing was duly advertised and the property owners
notified as required by law.
Letters of opposition have been received from Eugene
Nalbandian, and Whitney Biggar, David M. Biggar and Patricia Biggar
Tatro.
Bakersfield, California, May 11, 1983 - Page 18 1507
pation.
Mayor Shell declared the hearing open for public partici-
Mr. Clifford Harding, Architect representing Mr. Nickel,
stated they do not want to change what is currently existing at
the Rio Bravo Airport. They just want to change the condition
eliminating jet aircraft. When that condition was applied it was
~ppropriate, however, since that time jet aircraft has been developed
that would be appropriate to use at that airport. As requested by
the Planning Commission, a focused E.I.R. was made on sound. They
do not want to allow the Lear Jet, because it exceeds the 75 decimal
reading and has a gross weight of more than 12,500 pounds. Mr.
Harding presented the Council with brochures regarding jet aircra:~t
that are presently being developed, and reviewed their specifications.
They are not requesting that the noise level be increased, but
would like to update the airport so this type of aircraft can be
used.
Councilman Ratty stated he takes exception with the fact
they just want to update this airport to current aircraft standards
of use. This will change the pattern of action at that airport.
There will be turbo-aircraft in and out of there. These are singZ[e
action events or 90 decimals. That means an airplane bombs out of
there, no matter whether it is a Citation, Twin or whatever, at a
level of approximately 90 decimals at 5:00 A.M., 10:00 P.M. or
whenever. This airport should not be the way it is today. Mr.
Nickel was down here and sold the Council the proposition that the
airport would be a little thing and only 40 planes per month would
go in and out of there to service the Rio Bravo Ranch. He promised
that, and said that is all he would ever want. ~r. Nickel stated
it would not be a big thing, no jet aircraft, flight schools, etc.
This Council went on record, at that time, and said that was fine
and would go along with that. Now it has become a full-blown air-
port with fuel and they want a fixed-based of operation, including
Bakersfield, California, May 11, 1983 - Page 19
a flight school, heavy aircraft with passenger capabilities and
jet aircraft. The runway has been serviced with asphalt to exten,~
to approximately 4,250 feet without a Conditional Use Permit. The
Conditional Use Permit was only for 3,000 feet. The intent of
what they are trying to do is to have a fixed-based operation with
large or jet-prop type aircraft, and when the area develops out
there it will impact 472 homes with 90 decimals for take-offs and
landings. That is unacceptable because it will be in the heart of
a residential area.
Mr. Norman Walters, pilot, stated 90 decimals is probably
high and should be limited to 75 decimals, however, he feels the
airport should be preserved and should not be limited to 40 flights
per month. Mr. Walters then stated the reasons he feels the Condi-
tional Use Permit should be granted.
Mr. Bob Brown, representing the firm who prepared the
Noise Impact Analysis, stated they were hired to strictly do a
scientific investigation. Mr. Brown then outlined the purpose
and findings of the study.
Mr. Marvin Roe, resident of the area, spoke in opposition
to granting a Conditional Use Permit that will allow jet aircraft
at the Rio Bravo Airport.
Mr. Charlie Hatrick, resident living on the corner of
Highway 178 and Comanche Road, stated when the original airport
was applied for they were told only 40 or 50 airplanes per month
would be using it and they did not object. Now there is a full-
blown airport and they are requesting to add jet service. They
are already using jets at that airport. He does not object to the
airport as it is today, but objects to the addition of jet aircraft.
Mr. John Oldham, Area Supervisor for Sampson Resources
Oil Company whose property is adjacent to the airport, stated they
oppose this matter because there are no controls over the airport.
If larger aircraft are allowed to land there it could be dangerous:
to their facilities.
Bakersfield, California, May ll, 1983 - Page 20 ~09
Mr. Tim Bjornson, resident of the area, stated he does
not feel they want to expand this airport for only one jet. He
feels they want to expand it for any jets. This airport has no
controls and it is hard to prove what happens on weekends when it
cannot be reported until Monday, or after the fact. Mr. Bjornson
suggested that the present Conditional Use Permit be investigated
and revoked for not adhering to the conditions placed on it.
Mr. Bill Thiessen, Kern County Health Department Noise
Control Coordinator, stated he reviewed the focused E.I.R. and
cautioned the Council that airports and residential areas are like
oil and water, they do not mix. The only thing he can base his
finding on is the existing aircraft, not future aircraft, which
is the Citation I. The Citation I will make more noise than what
is going over the area now, which is 90+ decimals. The people
will also notice the different character of the Citation I, as
opposed to propeller driven aircraft. It will just be another
annoyance. The Citation I should be flown over the area and let
the residents express their feelings.
Mr. Marvin Davisson, resident of the area, expressed his
objections to the granting of the Conditional Use Permit that wou~£d
allow jet aircraft at the Rio Bravo Airport.
Mrs. Martha Walters asked about fire protection for the
area in case of an accident or fire.
Mrs. Sandra Bjornson, resident of the area, stated the
airplanes are loud and the level of noise cannot be appreciated
unless you live there and hear it day after day. There are no
controls over the airport and it is getting worse.
No further protests or objections being received, Mayor
Shell ciosed the public portion of the hearing for Council delibera-
tion and action.
Upon a motion by Councilman Christensen, Zoning Resolution
No. 301 of the Council of the City of Bakersfield denying the
application for a Conditional Use Permit (CUP No. 3789), requested
Bakersfield, California, May 11, 1983 - Page 21
by Clifford Harding for Nickel Enterprises to allow the elimination
of Condition No. 7 on Conditional Use Permit No. 2932 that pro-
hibits the use of Rio Bravo Airport by jet aircraft and replacing
it with a condition limiting use by aircraft not exceeding 12,500
pounds gross take-off weight in a C-1-D (Limited Commercial
Architectural Design), C-2-D (Commercial - Architectural Design),
and M-1-D (Light Manufacturing - Architectural Design) Zones, on
that certain property commonly known as Rio Bravo Airport, south
of Highway 178, east of Comanche Road, was adopted by the following
roll call vote:
Ayes Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Barton
Noes None
Absent: Councilman Strong
Councilman Christensen made a motion that a Council
Committee draft an ordinance that would place controls on the
Rio Bravo Airport.
Councilman Ratty asked how the original Conditional
Use Permit can be enforced and whether any conditions can be
added to get it back to the original airport conditions.
City Attorney Oberholzer stated he would have to review
the original Conditional Use Permit to see what conditions were
imposed on the airport and see if there has been abuse.
Councilman Ratty stated there is noise abuse now and
it will become more pervasive in the next l0 to 15 years as the
area develops and requested that something be done about it now.
Councilman Ratty requested that this matter be referred
to the Budget Review and Finance Committee.
Councilman Christensen's amended motion that the Budget
Review and Finance Committee draft an ordinance that would place
controls on the Rio Bravo Airport, was unanimously approved.
This is the time set for public hearing before the
Council on the 1983 Weed Abatement Program.
Bakersfield, California, May ll, 1983 - Page 22
The property owner was notified by certified mail.
Director of Fire and Development Services Needham stated,
after sending notices to the property owner, they were notified he
is deceased without heirs and the State will be taking over the
estate. This is a legal formality so the City can abate the weeds
and apply the cost to the property.
Mayor Shell declared the hearing open for public partic&-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon
of the Council
a motion by
of the City
growing on properties in the City of Bakersfield constitute a
public nuisance and directing the Chief of the Fire Department to
abate such nuisance, was adopted by the following roll call vote:
Ayes Councilmen Payne, Ratty, Rockoff, Barton
Noes None
Absent: Councilmen Christensen, Means, Strong
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Barton, the meeting was
adjourned at 10:50 P.M.
Councilman Rockoff, Resolution No. 71-83
of Bakersfield finding that certain weeds
ATTEST:
MAYOR ~/~e City of Bakersfield,
of the City of Bakersfield, California
ma
Calif.
Bakersfield, California, May 18, 1953
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 P.M., May 18, 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 Means, Payne, Ratty (seated at
7:10 P.M.), Rockoff, Strong,
Barton, Christensen
Absent: None
Minutes of the regular meeting of May 4, 1983, were
approved as presented.
Due to a malfunction of the recording equipment Mayor
Shell declared a brief recess at 7:05 P.~. and reconvened the
meeting at 7:10 P.M.
SCHEDULED PUBLIC STATEMENTS
Mr. Charles Drew, 10621 Meacham, President of the Kern
Farmers Market Association, requested use of a City-owned lot on
21st Street between "~" and "N" Streets for a Farmers Market.
Upon a motion by Councilman Rockoff, staff was authorized
to negotiate a lease with the Kern Farmers Market Association for
operation of a Farmers Market on a City-owned lot on 21st Street
between "M" and "N" Streets.
Upon a motion by Councilman Rockoff, the Mayor was
authorized to execute an agreement with the Kern Farmers Market
Association for operation of a Farmers Market on a City-owned lot
on 21st Street between "M" and "N" Streets.
CORRESPONDENCE
Upon a motion by Councilman Means, communication from
Buena Vista Company, 200 South Montclair Street, Suite A, Bakers-
field, dated May 10, 1983, requesting annexation of property located
at the southeast corner of Buena Vista Road and White Lane Frazer
Bakersfield, California, ~ay 18, 1983 - Page 2
Road), containing 80+ acres of land, was received and referred to
the Planning staff to conduct a Cost Benefit Analysis.
Upon a motion by Councilman Rockoff, communication from
Mr. Don Franklin, 3001 Edmonton Street, dated May ll, 1983, sub-
mitting his resignation from the Board of Directors of the Golden
Empire Transit District, was received and ordered placed on file.
Upon a motion by Councilman Christensen, communication
from Schaul Sarmicanic, dated April 27, 1983, requesting abandon-
ment of proposed County Road No. 1901, located one-half mile north
of Panorama Drive and one-half mile east of Manor Street, was
received and referred to the Planning Commission for study and
recommendation.
Upon a motion by Councilman Christensen, communication
from the Downtown Business Association, dated ~ay 12, 1983, notifying
the Golden Empire Transit District of their endorsement of a Golden
Empire Transit District Terminal Site located at Chester Avenue and
21st Street, commencing west to Eye Street and north to 22nd Street,
was received and ordered placed on file.
COUNCIL STATEMENTS
Upon a motion by Councilman Barton, Mr. Larry Robinson,
2613 Crest Drive, was appointed to fill a vacancy on the Golden
Empire Transit District, created by the resignation of Mr. Donald
Franklin, term expiring January 6, 1987.
Councilman Payne stated tonight is Councilman Strong's
last Council Meeting and he wanted to say that he is proud to have
had the opportunity to be associated and serve with him during the
last 4½ years. Councilman Strong is a tremendously dedicated and
professional individual, who has added stability, wisdom and
enthusiasm to the Council. He has had a stabilizing affect on the
Council on many occasions when things were heated, to an unnecessary
extent, and almost out of control. His expertise has been a
tremendous benefit to the City of Bakersfield, Councilman Strong
has accomplished many things during his political career that he
Bakersfield, California, May 18, 1983 - Page 3
can be proud of. The people of the First Ward and the rest of the
City have benefited greatly from his expertise and unselfish dedi-
cation. Councilman Payne stated he is sorry to see him resign and
wished him the very best of luck in his future endeavors.
Councilman Christensen stated he has served on the Council
with Councilman Strong for over 8 years. He is a wonderful person
and wears well with his fellow man. It was particularly enjoyable
the 2 years Councilman Strong chaired the Governmental Efficiency
and Personnel Committee, especially when they had the problem of
steering the selection of a new City Manager. He was very adept
in handling the problem. Councilman Christensen wished Councilman
Strong the best of luck.
Councilman Rockoff stated he feels very fortunate to have
been able to sit next to Councilman Strong. It has been said he
has a very level head in handling some very very difficult issues
and that is very true. Even though they have had their differences
on issues, he has learned to respect Councilman Strong, because his
opinion is based on what he believes or has been in the best interest
of this City. The people who have been represented by Councilman
Strong, over the last l0 years, have been very lucky. Councilman
Rockoff stated he feels Councilman Strong is leaving 2½ years too
early, but that is a decision he made and it is hoped whoever takes
his seat on the Council will do the kind of job he did for this
community.
Councilman Barton stated he will really miss Councilman
Strong. They have had their differences, but there has also been
many times they were united. He will be missed in his Ward and
his replacement will have big shoes to fill. Councilman Barton
wished Councilman Strong and his wife Nancy all the luck in the
future.
strongly
government
Councilman Ratty
disagreed on some
is paramount in
stated he and Councilman Strong have
issues, but they both agree that City
their minds. He is dedicated to the
4
Bakersfield, California, ~ay 18, 1983 - Page 4
cause of his people and that is certainly respected. Councilman
Strong is a very respected man and will really be missed.
Councilman Means stated Nancy, Councilman Strong's wife,
is a very special person and a special part of his life. Council-
man Strong has always told him the truth. They have usually been
on the same side of issues, however, when they were not he was
very honest with him. One thing he has always admired about
Councilman Strong is that he has always told him if a person wants
to openly accomplish something you have to work within the system.
They have to learn how it works and fight very hard within those
boundaries. Councilman Means stated he owes a lot to Councilman
Strong.
Mayor Shell stated she agrees with everything that has
been stated tonight. She has found Councilman Strong to be a very
thoughtful representative of his Ward, in that, he considers the
issues very carefully before taking action. His concerns for the
people of the First Ward and entire City have been very obvious.
He has communicated the feelings of the people of the First Ward
very well and it is appreciated by the other Council members.
Councilman and Mrs. Strong are a tremendous credit to this
and they will be missed. Mayor Shell invited Councilman
attend the meeting of June 8th for a special recognition
Council,
community
Strong to
from the
Mayor Shell read a telegram from Georgia Hysaw stating
silent majority of the First Ward, for over 50 years, has
that the
never had a Councilman like Councilman Strong and thanked him for
l0 years of hard work, leadership and honesty.
The following persons thanked Councilman Strong for his
concern for the people of this community, dedication and a job well
done:
Mr. James Childs
Mr. Art Powell, former President of the N.A.A.C.P.
and current member of the Executive Board.
5
Bakersfield, California, ~ay 18, 1983 - Page 5
Mr. John Robinson, representing the Bakersfield
Senior Center, presented a p~aque in appreciation
for his efforts in obtaining the Bakersfield
Senior Center in our community. We, the Senior
Citizens, award you an honorary lifetime member-
ship in our center.
Reverend George Lartique, President of the
Local Biack America Political Association of
California, presented a plaque for distinguished
service from 1973 to 1983.
~r. Larry Robinson, 2613 Crest Drive.
Mr. Gabriel W. Solomon, Attorney at Law.
Mr. Roger McCabe, 1301 Pacific Street.
Mr. Marvin Dean.
Reverend Ishmael Kimbrough.
Councilman Strong made the following statement:
I do not know how to describe how I feel, right
now. It probably can best be described by
trying to remember how I felt when I finished
high school, a deep-seated sense of camaraderie.
You knew, at the time, that you had graduated
and you had to move on, but you didn't know
exactly where. You knew certain things were
expected of you, but you didn't know exactly
what. You felt good about yourself, at the
time, but you didn't know exactly why. That is
kind of the way I feel right now.
I want to thank my constituency for giving me
the opportunity to serve the last l0 years.
~r. Solomon summed it up in a nutshell, Larry
Robinson summed it up also. We walked a lot
of streets together, pushed a lot of doorbells
and I've sat in my office hundreds of times,
after receiving numerous phone calls, and
asked myself why did I do that. I am sure every
person on this Council has done the same thing.
I would like to thank my wife, who has been my
strongest supporter over the last l0 years.
She has been a friend, companion, sounding
board and advisor, and I certainly appreciate
her.
Secondly, I would like
is responsible for all
is 83 years old and in
to thank the lady who
of it, my mother, who
the audience tonight.
I want to reflect back for a moment on John
Means' campaign, where his father insisted
that "I raised that boy right." I could not
get that out of my mind. I am sure, at this
time, that my mother feels the same, that she
raised me right. She reminded me, not too long
ago, that I have a blemish on my record. She
6
Bakersfield, California, May 18, 1983 - Page
advised me that when I was around 3 years old
I stole 2 oranges, and it is true. I guess
she took the steps, at the time, to straighten
me out and I would venture to say, if I got out
of line right now she would probably take the
steps to straighten me out again. I want her
to know I appreciate her an awful lot.
No one Councilman can do anything. Probably
the number one question that I have been asked
all day, and in the past is, what have you done
and what do you view as your major accomplish-
ments. When you look at it philsophically the
answer has to be almost nothing. It takes four
votes to do anything. I think that for the
last two years, for the most part, things that
are important to this City, and especially my
Ward, I have had seven votes. For that, I
would like to thank each member of this Council,
including the Mayor who, obviously, is our
leader. I would like to thank each one of them
individually. Yes, I have had my differences,
but that is what politics are all about. I am
sure members of a Football team have their
differences also. I am certain there are some
that say the play should go one way as opposed
to another, but their goal is essentially the
same. I have been very proud to have been
associated with this group of men sitting here.
I would like to take a momemt to thank the
staff. I would like very much to name some
staff members that have been extremely helpful
to me, but for fear I might leave out someone,
I won't call any names. I am thoroughly
appreciative of all of them for all of the
help they have given me over the years. I have
never called on one of them and had them refuse
to help me or be truthful with me.
I honestly believe that this City has one of
the outstanding development teams in the whole
State. I think with that team effort that
Bakersfield will soon take its rightful place
among the major cities of this State and this
nation.
I have learned a lot over the last l0 years and
I am thoroughly appreciative of having had the
opportunity to make whatever contribution I have
made in this whole development process.
Thank you very much.
Councilman Strong, for the record, stated June l, 1983,
will be the effective date of his resignation as Councilman of the
First Ward of the City of Bakersfield, and the City Attorney will
be furnished with the proper documentation to make it official.
Bakersfield, California, May 18, 1983 - Page 7
Mayor Shell declared a brief recess at 7:55 P.M. and
reconvened the meeting at 8:00 P.M.
Councilman Rockoff read a portion of a letter from the
Municipal Finance Officers Association, dated May 12, 1983, notifying
the City that its comprehensive annual financial report for the
fiscal year ending June 30, 1982, qualifies for a Certificate of
Conformance in Financial Reporting. The Certificate of Conformance
is the highest form of recognition in governmental accounting and
financial reporting, and its attainment represents a significant
accomplishment by a government or public employee retirement system
and its management. Councilman Rockoff, on behalf of the Council,
thanked Finance Operations Manager Klimko, Assistant City Manager-
Finance Higginbotham and the people working in the Finance Department
of the City for a job extremely well-done. It also reflects well
on the auditing firm who prepares the annual audit, Bailey, Ruppel
& Nunneley.
Councilman Means reminded the Mayor and Council that a
Kern County Association of Cities Meeting will be held on May 26,
1983, in Arvin.
Councilman Means stated he is concerned about the Council's
process of dealing with the upcoming budget. He wants the discussion,
between now and whenever the Council passes the final budget for
next year, to be as public as possible. It may not be the fastest
way, but all those discussions should be held as publicly as possible.
The public may not be aware that the City will probably be facing a
significant shortfall, perhaps $2,000,000, and the Council is
beginning a process of trying to decide whether to cut services,
obtain additional revenue or a combination. The budget is dealt
with through the Budget Review and Finance Committee, however, a
report is not brought back to the entire Council until it is almost
too late. At this point it is more applicable and convenient for
the entire Council to have input on now the budget will be balanced.
Bakersfield, California, ~ay 18, 1983 - Page 8
Councilman Means stated, somehow, he wants that discussion, when-
ever legally possible, to be on the Council floor. He asked what
would be the best way for the staff to solicit input from the
Council about actions they should take in preparing a balanced
budget.
City Attorney Oberholzer stated anytime there is a quorum,
four or more Councilmen together, there cannot be an exchange of
ideas if it is liable to be a basis upon which a decision will be
made at a later time. A staff member can call each Councilman for
input, but when that input is considered by four or more Councilmen,
at one time, it must be in a public meeting. That input can be
given to the Budget Review and Finance Committee for consideration
and then presented to the entire Council for discussion at a public
meeting.
Councilman ~eans suggested that a Workshop be held to
assist the staff. If, for instance, street sweeping was eliminated
to save the City $2,000,000, and that discussion was going on among
the Council and it was conveyed to the City Manager that the budget
be prepared in that way, is that a violation of the Brown Act?
City Attorney Oberholzer stated if it is done for the
purpose of gathering a consensus and that consensus is expressed
to the other Councilmen, it would be violation of the Brown Act.
Councilman Means stated the Council must deal with this
issue before July 1st and each Councilman will have to direct the
staff on where the City should go. The Council needs to begin to
come to some consensus to be able to come up with a balanced budget.
How can that be done? The City staff cannot just sit and wait and
not get any direction from the Council. In the past this has been
done through the Committee, but this year he wants that discussion
and consensus gained on the Council floor.
City Manager Kelmar stated the Charter provides for the
City Manager to present a budget to the Council. It is not for
the Council to prepare the budget.
9
Bakersfield, California, ~ay 18, 1983 - Page 9
Councilman Means suggested that a Workshop be held on
June 8th or that the staff come back with an appropriate suggestion
Mayor Shell stated in the past the budget was heard in
open budget hearings and the entire Council had an opportunity to
discuss priorities. The City's $40,000,000 is the single most
important responsibility of the people's elected representatives.
It is urged that the Council return to open budget hearings on the
Council floor.
Councilman Barton stated the City Manager should develop
a budget, as provided for in the Charter, and present it to the
Council with suggested alternatives to overcome the shortfall of
funds.
Councilman Means stated he feels the Council should pro-
vide public direction to staff on the budget preparation.
During discussion, City Manager Kelmar stated he feels
it is his responsibility to provide a budget, as provided for in
the City Charter. The methodology outlined in terms of staff
preparation of numerous alternatives with their magnitude and rami-
fications, as done in the past, can be presented to the Council for
policy decisions. The budget is only a recommendation from the
City Manager.
Councilman Means stated at the June 8th Council Meeting,
if he thinks the Council should meet with Department Heads and
review the budget, as a Committee of the Whole, that is the time he
will make that proposal. What he does not want to happen between
now and June 8th, and if it does he will say something about it, is
if the Council tells sta£f, in an attempt to come up with some
consensus, how the budget should be balanced. As he understands it,
the staff would then have a consensus of a majority of the Council
and that is a violation os the Brown Act.
City Attorney Oberholzer stated there has to be an ex-
change of information in order to have a violation of the Brown Act
10
Bakersfield, California, May 18, 1983 - Page 10
Councilman Christensen stated Mayor Shell's suggestion
about open budget hearings is very good, if it can be worked out.
There will be a few beatniks and rabble-rousers, not all, but a
few, and the chances of ever getting a budget together with public
input is almost impossible. Several years ago, when the budget
was $28,000,000 and an announcement was placed in the newspaper,
only two people, besides staff, were in the audience. The Council-
men who are not members of the Budget Review and Finance Committee
miss a lot because the Committee report is not complete and de-
tailed. They probably could not make it detailed because it would
be impossible, however, it is important information and the rest of
the Council should get it. The Brown Act has done a lot to throw
an ax on the possibility of having open public hearings on the
budget. He wished the Council could participate with staff in
grinding out the cuts, etc.
Councilman Rockoff stated Councilman Christensen has a
good grasp on the problem and suggested that the budget be sub-
mitted based on maintenance of services and best estimate of
income. It probably will not be balanced, however, it will show
what the shortfall will be, assuming there is one and that is the
place to begin the public discussion with the entire Council.
City Manager Kelmar stated that suggestion is fine, how-
ever, what he objects to is the Council trying to tell the City
Manager how to prepare the budget or what goes into it. The Charter
very clearly states that is the City Manager's responsibility. Staff
does not have a problem on how the Council wants their budget
hearings conducted.
City Manager Kelmar stated he would not be present at
the Council Meeting of June 8th and requested that any discussion
of the budget be held off until June 15, 1983.
Councilman Means indicated that June 15th would be fine.
Bakersfield, California, May 18, 1983 - Page
11
REPORTS
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 10-83 regarding Bumper
Stickers for Use on Police and Other City Vehicles, as follows:
At the Council ~{eeting of April 27, 1983, the
Women's Christian Temperance Union requested
the City Council authorize the placing of
certain bumper stickers on Police and other
City vehicles. The matter was referred to the
Business Development and Parking Committee for
study and recommendation.
This Committee has met to review and discuss
this request. During our discussions we noted
from time to time the City receives similar
requests from other groups and organizations
on equally worthwhile causes. Although we
recognize the worthiness of this request as
with others, we believe it would be difficult,
at best, to respond favorably to all the requests
and as a result we feel it inappropriate for the
City of Bakersfield to participate in this
campaign or others of a similar nature.
Therefore, we recommend the City Council reject
the request made by the Women's Christian
Temperance Union.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 10-83 regarding Bumper Stickers
for Use on Police and Other City Vehicles, was accepted; and
request of the Women's Temperance Union, was rejected.
Councilman Barton stated due to a real or imaginary
conflict of interest he would not participate in the following
matter.
Councilman Payne, member of the Business Development and
Parking Committee, read Report No. 11-83 regarding Fireworks
Ordinance, as follows:
On March 16, 1983, Mr. Mark Dickerson of
Zarahemla, Inc., requested the City Council
reconsider the recently adopted ordinance with
regards to the sale of Fireworks within the
City of Bakersfield. The matter was referred
to the Business Development and Parking Com-
mittee.
This Committee has met with members of staff,
including the Fire Chief, to review the requests
and concerns of Mr. Dickerson. Also, we invited
Mr. Dickerson to participate in the meeting to
12
Bakersfield, California, ~ay 18, 1983 - Page 12
present his recom~nendations with regards to the
Fireworks Ordinance. During the course of our
discussions, ~r. Dickerson, as he indicated in
his correspondence and his presentation before
the City Council, believes further changes are
necessary in the Fireworks Ordinance to increase
possible competitive spirit thereby providing an
alternative for greater price competition.
After reviewing ~r. Dickerson's requests and
recommendations, we continue to believe and
concur with the recommendation of the Fire
Chief in that the City Council's first con-
sideration in preparing such an ordinance is
to address the issue of the greatest level of
fire protection for the City and the residents
of the City of Bakersfield. While we under-
stand Mr. Dickerson's concern with competition,
we do not believe such concern is a function of
the City Council.
Therefore, we
no changes or
Ordinance.
recommend the City Council make
amendments to the Fireworks
Upon a motion by Councilman Payne, Business Development
and Parking Committee Report No. 11-83 regarding Fireworks Ordinance,
was accepted; and recommendation that no changes be made to the
Fireworks Ordinance, was approved. Councilman Barton abstained
from voting on this matter.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, Read Report No. 13-83 regarding Truxtun Avenue
Extension Ingress and Egress, as follows:
Recently, the City Council expressed its concern
with the increasing number of ingress and egress
points on Truxtun Avenue Extension. The matter
was referred to the Budget Review and Finance
Committee for study and recommendation.
This Committee has met with members of staff
and with developers to discuss the matter.
During our discussions we noted the increasing
number of vehicles presently using the Truxtun
Extension. We are concerned with the future
development along Truxtun Avenue Extension and
the effect the ingress and egress points from
the development will have on the traffic flow.
In light of our review and discussions we feel
it important that City Council indicate its
goal of maintaining Truxtun Avenue Extension as
a thoroughfare and set a policy of prohibiting
access directly to Truxtun Avenue Extension.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 13-83 regarding Truxtun Avenue Extension
Bakersfield, California, ~ay 18, 1983 - Page 13
Ingress and Egress, was accepted; and in order to maintain Truxtun
Avenue Extension as a thoroughfare the Council set a policy of
prohibiting access directly to Truxtun Avenue Extension.
Councilman Means, Chairman of the Voucher Approval
Committee, read Report No. 1-83 regarding Downtown Transit Terminal,
as follows:
On Monday of this week the Voucher Approval
Committee met with representatives of the
Golden Empire Transit District Board of
Directors in regard to the downtown transit
terminal location. As the Counci~ is aware,
funds for this terminal have been set aside by
the Urban Mass Transit Authority (UTMA), how-
ever, prior to final approval the City Council
must concur with the GET Board on the exact
location.
With the advent of the proposed Truxtun Galleria
and the concept of a Downtown Redevelopment
Retail Center, this Conunittee and the GET Board
are vitally concerned about the location of this
terminal. The City and GET staff recently met
the developers for these projects and voiced
our concerns as to how this terminal would best
fit into their plans. As a result of these
meetings, the developers have requested 60 days
to study this concept and will submit their
findings to staff. In the meantime, the GET
Director will contact U~TA and inform them of
this study period.
Both Committees felt that this 60 day study
period is absolutely necessary in order to
assure the transit needs of the community are
met.
This report is for the Councils information
and no action is required at this time.
Upon a motion by Councilman Means, Voucher Approval
Committee Report No. 1-83 regarding Downtown Transit Terminal, was
accepted.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 14-83 regarding Annual Audit,
as follows:
Recently, the Budget Review and Finance Committee
met with representatives of Bailey, Ruppel &
Nunneley (the firm appointed for June 30, 1981
and June 30, 1982), to review their proposal to
perform the annual audit of the accounting reoords
of the City of Bakersfield for the fiscal year
ending June 30, 1983.
14
Bakersfield, California, May 18, 1983 - Page 14
During our discussions, we noted the audit firm
had performed in a satisfactory manner for the
past two fiscal years and proposes to perform
the audit for the upcoming year-end for a fee
of $25,000. This Committee considers the
proposed fee to be reasonable. Pursuant to
the City Council's expressed intention to
remain with the same auditing firm for a period
of two to three years providing they perform in
a satisfactory manner and fees remain reasonable,
we recommend Bailey, Ruppel & Nunneley be
appointed for the fiscal year ending June 30,
1983.
Additionally, we discussed with Bailey, Ruppel
& Nunneley the need for a report on the status
of the City's computer. We believe it is time
to evaluate our computer hardware and software
in light of the completion of the financial
systems and the problems with the software
contractor which were associated with the
scheduled completion. We feel it is important
the report outline the "needs assessment" as
originally established by the departments
while reporting on the adequacy of completed
systems as well as the capability of the
computer to fulfill the original "needs" for
information.
We concur with the auditors in that preliminary
work on their part will be necessary to prepare
a proposal with regards to making such a report
on the computer. Therefore, we recommend the
City Council authorize 20 hours of work at a
cost not to exceed $1,000 so they may prepare
a proposal to be submitted to the City Council
for approval.
This Committee recommends the City Council
accept this report and approve the recommendations
contained herein. We further recommend the
other audit firms expressing an interest in
performing the City's annual audit be notified
of the Council's action.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 14-83 regarding Annual Audit, was
accepted; the firm of Bailey, Ruppe~ & Nunneley, Certified Public
Accountants, was appointed as independent auditors for the City of
Bakersfield for Fiscal Year ending June 30, 1983; authorization
was granted to the firm of Bailey, Ruppel & Nunneley for prepara-
tion of a proposal on the status of the City's computer, at a
cost not to exceed $1,000, approximately 20 hours of work; and
staff was directed to notify other auditing firms expressing an
interest in performing the City's annual audit of the Council's
actions.
Bakersfield, California, May 18, 1983 - Page 15
Assistant City Manager-Finance Higginbotham reported
staff received a request from Auctioneer Ed Rodgers to lease the
former Corporation Yard at 16th and "S" Streets in order to carry
out the City's auction of surplus and unclaimed property from May
30th through June 7th, for the sum of $300.00. Staff recommends
that this request be granted.
Upon a motion by Councilman Rockoff, Agreement with
Auctioneer Ed Rodgers for lease of former Corporation Yard at 16th
and "S" Streets, in order to carry out the City's auction of surplus
and unclaimed property from May 30th through June 7th, for $300.00,
was approved and the Mayor was authorized to execute same.
Police Chief Price presented the Bakersfield Police
Department's 1982 Annual Report, and briefly outlined the activities
and statistics included in the report.
Upon a motion by Councilman Payne, Bakersfield Police
Department's 1982 Annual Report, was received and ordered placed
on file.
Mr. Hutshell Brown, 2708 Houchin Road, requested a status
report on the Council's action of May 4, 1983, regarding the writing;
of a letter to the Public Utility Commission or in some way trying
to stop the California Water Company's request for a rate increase.
Councilman Means stated he thought Mr. Brown requested
the Council to do everything possible to freeze all utility rates
and there is a Bill in the State Legislature that, if approved,
will freeze those rates for one year. This matter was referred to
the Energy Committee to come back to the Council with a recommendation
on that Bill. The Energy Committee has not met on that matter, how-.
ever, he is ready to support that piece of legislation.
Councilman Means made a motion that a letter be written
to the Legislature supporting the Bill that will place a one year
freeze on utility rates.
Councilman Payne stated several Councilmen will be in
Sacramento next week and it might be possible for them to convey
Bakersfield, California, May 18, 1983 - Page 16
the Council's support of the Bill to the City's representatives in
the State Legislature.
Councilman Means amended his motion that the Mayor or
any contingency of the Council convey to the City's representatives,
or appropriate Legislative Committee, the Council's support of the
Bill that will place a one year freeze on utility rates.
Councilman Rockoff stated he has a problem with that
motion because utility companies have to buy natural gas and they
have no control on what they pay for it. He does not feel they
should be told that they will have to take a loss because they will
not be allowed any more rate increases.
Councilman Ratty stated this m~tter should be taken before
the Public Utility Commission, rather than the Legislature, because
they are there to govern the rates and hear arguments.
Councilman Means' amended motion that the Mayor, or any
contingency of the Council, convey to the City's representatives,
or appropriate Legislative Committee, the Council's support of the
Bill that will place a one year freeze on utility rates, carried
by the following roll call vote:
Ayes: Councilmen ~4eans, Payne, Barton, Christensen
Noes: Councilmen Ratty, Rockoff
Absent: Councilman Strong
Mayor Shell stated she would dra£t a letter in support
of the Bill placing a one year freeze on utility rates and submit
that communication to the appropriate people or committee.
~r. Brown requested a copy of the Mayor's letter supporting
the Bill.
1983,
City Attorney Oberholzer read a memorandum dated May 18,
regarding Legal Services for the City of Taft, as follows:
On Monday, May 16, 1983, the Mayor and City
Manager of the City of Taft requested a meeting
with this office to discuss a program of pro-
viding legal services similar to that under
consideration for the City of Shafter. At the
Bakersfield, California, May 18, 1983 - Page 17
17
conclusion of the meeting the Mayor and City
Manager indicated that they were going to request
their City Council to take formal action on
Wednesday, May 18, 1983, to request that the
City of Bakersfield consider an agreement for
legal services similar to that under preparation
with the City of Shafter. Careful consideration
should be given for a trial agreement with the
City of Taft.
At this time it is invisioned that the office
will require an additional part-time secretary
to handle the increased workload generated by
the two contract cities; however, with the
present staff of this office, there is a
deficiency in the amount of secretarial help,
and it has for some time been apparent that
additional secretarial service would be necessary
in order for this office to continue to perform
the services it has been performing for the City
of Bakersfield whether or not additional cities
are served. Consequently, the revenue generated
by contracting with two cities for legal services
can be used to pick up some of the additional
cost for clerical help that would ordinarily be
the sole cost of the City of Bakersfield. For
that reason this office recommends that a short-
term trial agreement be initiated between the
City of Taft and the City of Bakersfield. It is
felt that a six-month evaluation period would
be sufficient time to allow the City to determine
whether legal services can be provided without a
burden on the present services provided to the
City of Bakersfield. On motion of the City
Council this office will prepare an agreement
for consideration between the City of Taft and
the City of Bakersfield for legal services at
$60.00 an hour plus travel at $.30 a mile.
If you have any questions, you are welcome to
contact this office.
Councilman Rockoff stated he would agree to providing
this service for the City of Taft as long as the legal staff can
still handle the City's workload and the contract is on a basis
where the City can terminate it in a reasonable period of time, if
necessary.
Councilman Ratty stated he would agree to providing this
service as long as the increased help is on a temporary basis in
case the City should have to terminate the contract.
Upon a motion by Councilman Barton, the City Attorney
was granted authorization to enter into an agreement for review by
the Bakersfield City Council and City of Taft for Legal Services
for the City of Taft.
Bakersfield, California, May 18, 1983 - Page 18
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 6253 to 6441,
inclusive, in the amount of $6,181,352.66.
(b)
Claim for Damages and Personal Injuries
from Elizabeth Lillian Morrow, 4009 Clove
Lane, Bakersfield. (Refer to City Attorney)
(c)
Claim for Damages from Paul It. Bissell,
1200 Holly Drive, Bellville, Illinois.
(Refer to City Attorney)
(d)
Claim for Damages from Oscar Serna Celaya,
116 East Belle Terrace, Bakersfield.
(Refer to City Attorney)
(e)
Claim for Damages from John D, McNearney,
1108 ~eredith Drive, Bakersfield. (Refer
to City Attorney)
(f)
Quitclaim Deed from Tenneco Realty Develop-
ment Corporation providing right-of-way
for the Kern River Canal in the area
between Chester Avenue and Manor Street,
as required by Agreement No. 76-36.
(g) Notices of Completion and Acceptance of
Work on:
Construction of the Fairview Planned
Drainage Improvements, Phase I, Contract
No. 83-45 with M-D Construction Company.
Resurfacing Belle Terrace, Oak Street and
New Stine Road, Contract No. 83-5 with
James G. Francis.
(h)
Plans and Specifications for adjustment
of Pump Stations No. 9, 11 and 12 at
Wastewater Treatment Plant No. 2.
(i)
Plans and Specifications for construction
of the College Avenue and Fairfax Road
Stormwater Detention Basin.
(J)
Plans and Specifications for construction
of an Access Ramp for the Physically
Handicapped at the Civic Auditorium, a
Community Development Project.
(k)
Agreement between the City of Bakersfield
and J. Steven Roberts for instruction in
Racketball.
(i)
Request from The Penstar Group for an
Extension of Time to complete improve-
ments in Parcel Map No. 5846, Agreement
No. 82-74, located at southeast corner
of White Lane and Stine Road. The Public
Works Department recommends a twelve
month extension from May 12, 1983 to May
12, 1984.
Bakersfield, California, May 18, 1983 - Page 19
(m) Contract Change Order No. 1 to Contract
No. 82-161 with M-D Construction Company
for construction of Landfair, Stonepine
and Sundale Storm Drain Modifications.
This Change Order is necessary because
of conditions encountered in the field
which were not anticipated at the time
of design. The Change Order increases
the original contract o£ $265,750.75 to
$277,673.75. The budgeted amount for
this project is $270,000 and an additional
$7,673.75 is available in savings from
a completed storm drain project.
(n) Contract Change Order No. I to Contract
No. 82-39 with California Water Service
Company for Water System Improvements on
"P" Street, south of 2nd Street. This
Change Order is necessary to provide
payment for actual quantities of work,
which exceeded estimated quantities. In
order to meet the City's compaction
requirement additional soil was imported
to the site. The Change Order increases
the original contract of $9,418 by
$3,927.45. Sufficient funds are available
through savings from other Community
Development Projects.
Upon a motion by Councilman Barton, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m) and (n) of the
Consent Calendar, were adopted by the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton,
Christensen
Noes: None
Absent: Councilman Strong
ACTION ON BIDS
Upon a motion by Councilman Christensen, low bids of
San Joaquin (50 items), in the amount of 37,328.97, and Hudson
Supply Company (38 items), in the amount of $3,001.06, for Annua~
Contract for Janitorial Supplies, were accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Payne, low bid of Archie
Crippen Excavation, in the amount o~ $21,500, for demolition of
buildings at various locations, was accepted and all other bids
rejected, subject to title report and agreement with owners.
Upon a motion by Councilman Ratty, usual bidding require-
ments were dispensed with, in accordance with Section 3.20.060 of
Bakersfield, California, ;~ay 18, 1983 - Page 20
the .Municipal Code, and the Finance Operations Manager was authoriz,~d
to negotiate a price for furnishing and installing City's portion
o£ "City-County Firecom" Radiocommunications System, not to ex-
ceed the budgeted amount of $53,503.
Upon a motion by Councilman Ratty, low bid of Credence
Construction, in the amount of $60,275.25, for construction of
Drainage Improvements on South Real Road between Reeder and
Kennedy Avenues and Hughes Lane at Westhaven Avenue, was accepted,
all other bids rejected and the Mayor was authorized to execute
the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2845 New
Series of the Council of the City o£
Bakersfield adding Chapter 5.56 to
the Bakersfield Municipal Code
relative to Regulations of Transient
Outdoor Businesses.
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 12-83 regarding Ordinance
Regulating Transient Outdoor Businesses, as follows:
On May 4, 1983, the City Council received a
report from the Business Development and
Parking Committee regarding Transient Outdoor
Businesses. Accompanying the report was a
proposed ordinance relative to regulation of
such businesses. The City Council accepted
the report and first reading was considered
given the proposed ordinance.
Prior to the City Council's acceptance of the
report and approval of the first reading,
several concerns were raised by members of
the Council and by members of the public in
attendance at the Council Meeting. Since May
4, this Committee has met to address those
concerns raised and requested the City Attorney
make certain amendments to the proposed
ordinance. The proposed amendments provide
for the exclusion of" any seller of
Christmas Trees, Fireworks, or Pumpkins, any
food vendor operating a pushcart on a side-
walk with the written permission of the owner,
tenant, or person in possession of the premises
in front of which the food is sold or any
occasional sales of beverages or foodstuff by
persons under the age of 15 years adjacent to
the residence of a person involved in such
sales." Further, the amendments provide
Bakersfield, California, May 18, 1983 - Page 21
"Exemptions" for charitable solicitations
pursuant to a permit being issued under another
section of the Municipal Code and fund raising
activities by schools and by charitable,
fraternal, civic and social institutions.
This Committee believes the ordinance, with
the amendments enumerated above, more clearly
state the intent of this Committee in recom-
mending regulations with regards to Transient
Outdoor Businesses within the City of Bakers-
field.
Therefore, we recommend the City Council approve
adoption of the ordinance as amended.
City Attorney Oberholzer outlined the following changes
to the proposed ordinance:
Deleted requirement for fingerprints or
letters of recommendation from individuals.
That section was for the purpose of identi-
fication and there are other means of
verifying applicants identification without
the necessity of fingerprints through the
Police Department and requiring extra work
for that department.
At the Committee level concerns were ex-
pressed with respect to the fact that sales
made in the City were difficult to trace to
see if the City is receiving their fair
share of Sales Tax Revenues generated from
Transient Business Operators. The ordinance
contained an extensive provision asking for
places where the merchandise is manufactured,
what type of sales and what kind of future
deliveries are requested. That section was
cut down so that the application requests a
statement as to the nature, character and
quality of goods, wares and merchandise to
be sold and invoice value of those wares.
It is felt that information is sufficient
for the City to make an estimate on what
Sales Tax should generate from the Transient
Sales.
Provision was deleted requiring the appli-
cant to state what crimes he has been
convicted of and inserted a misdemeanor
or violation of any Municipal Ordinance
clause. That was superfluous language and
it was deleted and the ordinance now states
the applicant must state the crime he has
been convicted of.
Deleted the provision that states other
information could be required by the City
Manager as deemed necessary. It was felt
that was too discretionary. The ordinance
has enough provisions.to obtain all needed
information.
?,2
Bakersfield, California, May 18, 1983 - Page 22
5. Deleted the provision requiring the City
Manager to send the records to the Police
Chief who, in turn, would provide infor-
mation to the City Manager in the event
an incident occurred. Communication exists
between the two departments and it was not
necessary to state it in the ordinance.
6. One more exemption was added under the
Exemption Provision of the ordinance.
Businesses which have held a current
Business License for the location they are
presently operating at for a period of 2
years or more prior to the effective date
of the ordinance.
Councilman Rockoff requested that a provision be added
to the ordinance requiring a copy of the Sales Tax Return be sub-
mitted with their application, so the City can determine if they
are paying their taxes.
City Manager Kelmar suggested that a copy of their Sales
Tax Number be required on the application and from that number the
City can determine if they are paying their taxes.
Mayor Shell indicated the requirement for the Transient
Outdoor Businesses to provide their Sales Tax Return Number is
already in the proposed ordinance.
Councilman Ratty read a report from the Better Business
Bureau entitled "Itinerant Peddlers," which came out earlier this
year. A portion of this article stated, based on information on
file at the Better Business Bureau, dated from 1978 to the present,
well over 200 different itinerant groups have set up business in
this area for a short period of time. Those 200 plus groups created
in excess of 1,000 complaints at that office. The amount of money
involved in the complaints is not exactly known, but reaches into
the hundreds of thousands of dollars. The Better Business Bureau
is not a lobbying group nor do they advocafe further ordinances be
enacted to rectify certain problems, they do, however, believe in
fair play in the market place and that is the keystone of free
enterprise so that consumers and businesses get a fair shake. Be-
cause they feel a sizable number of itinterant groups have perpetua:;ed
Bakersfield, California, May 18, 1983 - Page 23
various schemes and scams at the expense of area consumers and
businesses they believe a strong ordinance is needed to combat this
growing problem.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 12-83 regarding Ordinance Regulating
Transient Outdoor Businesses, was accepted.
The following persons expressed their opposition to the
adoption of the ordinance regulating Transient Outdoor Businesses:
Mrs. Willie Wines, Balloon Vendor.
Mr. Roger McCabe, 1301 Pacific Street.
Ms. Peggy Fuller, Attorney representing Mr.
Roger McCabe.
Councilman Christensen made a motion to table action on
the ordinance until the next Council Meeting. During discussion
this motion failed to carry by the following roll call vote:
Ayes: Councilmen Means, Christensen
Noes: Councilmen Payne, Ratty, Rockoff, Barton
Absent: Councilman Strong
In answer to a question by Mayor Shell, City Attorney
Oberholzer stated Councilman Christensen's request that balloon
vendors be exempted from this ordinance should be incorporated
within the Parade Ordinance, which deals with the selling and
giving away of food merchandise at parades.
Upon a motion by Councilman Means, Councilman Christensen's
concern regarding balloon vendors at parades was referred to the
Voucher Approval Committee for study and recommendation.
During a very lengthy discussion the following persons
expressed their opposition to the adoption of the ordinance regu-
lating Transient Outdoor Businesses:
Mr. Bob Rutledge, owner of Bait & Tackle Shop
on South Chester Avenue.
City Attorney Oberholzer stated if the issue of having
to furnish a prior criminal record is such a problem for the vendors,
from the City Attorney's Office perspective that section can be
24
Bakersfield, California, May 18, 1983 - Page 24
deleted. The City has adequate resources available to check
criminal records.
Mr. Fred Hoehn, 5716 Midas, ex-vendor now a
local merchant, suggested ID cards for local
vendors instead of adopting this ordinance.
Lee Ricks, not a vendor.
Ellion Hawley, fruit vendor.
Bill Ramsey, local street vendor.
Mr. Willard Baker, local street vendor.
Councilman Means stated he would rather see the Council
approve a one year Identification Tag with a number at $60.00 per
year than the permit for $40.00 per quarter.
Upon a motion by Councilman Payne, Ordinance No. 2845 New
Series of the Council of the City of Bakersfield adding Chapter 5.56
to the Bakersfield Municipal
Transient Outdoor Businesses,
and deleting the requirement
was adopted by the following roll call vote:
Ayes:
Noes:
Absent:
reconvened the meeting at
Code relative to Regulations of
as presented by the City Attorney,
for listing any prior criminal record,
pushcarts
Councilmen Means, Payne, Ratty, Rockoff, Barton
None
Councilmen Strong, Christensen
Mayor Shell declared a brief recess at 11:45 P.M. amd
11:50 P.M.
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Section 12.44.035 to Chapter
12.44 of the Bakersfield Municipal
Code relative to Exemption of Food
Vendors Operating Pushcart.
This ordinance expressly exempts food vendors operating
on sidewalks with permission of adjacent property owners
or tenants from regulations of Chapter 12.44 of the Bakersfield
Municipal Code, which is generally applicable to sidewalk sales.
Such exemption is already implied in Section 9.30.010. This
proposed Code amendment is intended to clarify the matter.
Bakersfield, California, May 18, 1983 - Page 25
First reading was considered given an Ordinance of the
Council of the City o£ Bakersfield adding Section 12.44.035 to
Chapter 12.44 of the Bakersfield Municipal Code relative to Exemption
of Food Vendors Operating Pushcart.
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 at the northwest corner of
White Lane and Wible Road.
The application for this amendment was made by County
of Kern Property Management Department and would change subject
property from an R-1 (One Family Dwelling) Zone to a C-2 (Commercial),
or more restrictive gone.
The Planning Commission was of the opinion that a C-1
Zone would be more appropriate for subject property and 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 at the north-
west corner of White Lane and Wible Road.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Rockoff, the meeting was
adjourned at 11:55 P.M.
City Bakersfield,
ATTEST:
~/~ffi~rk of the Council
of the City of Bakersfield, California
ma
Calif.
Bakersfield, California, June 8, 1983
Minutes o£ a regular meeting of the Council of the City
o£ Bakersfield, California, held in the Council Chambers of City
Ha~l at 7:00 P.~., June 8, 1983.
The meeting was called to order by ~ayor Shell, followed
by the Pledge of Allegiance and Invocation by Mayor Shell.
Present:
Absent:
were approved
The
)~ayor Shell.
City C~erk called the roll as follows:
Councilmen Payne, Ratty, Rockoff, Barton,
Christensen, Means
None
Minutes of the regular meetings of May 11 and 18,
as presented.
SCHEDULED PUBLIC STATEMENTS
~r. Roger ~cCabe, 1301 Pacific Street,
1983,
stated the City
denied his application for a Home Occupation Permit due to Regu-
lation No. 10, which states:
"There shall be no processing or manufacturing
of goods, wares or merchandise on the premises
unless the Planning Director finds that the
processing or manufacturing can and will be
done in such a manner that no noise, sound,
vibration, odor, fumes or light are emitted
from the premises and that no flammable
materials or volatile substances are to be
used in the processing and manufacturing or
kept stored on the premises."
Mr. ~{cCabe stated he obtained a list of 375 Home Occup~ti,3n
Permits that have been issued by
went into effect on September 18,
should have passed Regulation No.
the City since the new regulations
1982. Only a few of the Permits
10 and he cited some examples
that could be considered flammable materials. tie does not under-
stand why he was denied a Permit when most of the others were
approved. ~{r. ~cCabe requested a change in the regulations so
everyone will be treated the same and not be discriminated against.
Councilman ~{eans stated he visited Mr. McCabe's home and
the only flammable materials he found was a small amount of cotton
used for upholstering furniture and he is in favor of issuing the
Home Occupation Permit. If Mr. ~lcCabe's business grows he intends
Bakersfield, California, June 8, 1983 - Page 2
to move it to a commercial area. There seems to be some to be
some inequity in this matter, because many residences have items
more flammable than this amount of cotton.
Director of Fire & Development Services Needham stated
the Home Occupation Permit is issued to protect residents of the
home and surrounding neighborhood from a nuisance or danger.
Councilman Means made a motion that the matter of regu-
lations for Home Occupation Permits be referred to staff to study
and submit guidelines to the Budget Review and Finance Committee
on what is and what is not reasonable.
Councilman Christensen requested that staff or the
Committee check the uniformity, consistency and fairness of all
Home Occupation Permits that have been issued.
Councilman Means' motion that the matter of regulations
for Home Occupations Permits be referred to staff to study and
submit guidelines to the Budget Review and Finance Committee on
what is and what is not reasonable, was approved.
Marjorie Grif£ith stated the regulation on combustible
materials should not be eased. The law is to protect the citizens
of this community. Fire is a deadly thing that brings death and
destruction and should not be dealt with lightly. She would never
request the Council to alter a law that was adopted to protect the
people. She suggested that Mr. McCabe obtain a Manufacturers
License and operate in a building located in a proper area, so that
lives are not endangered. It is the Council's sworn duty to see
that laws are upheld, adopted and the City run in a manner that
will be in the best interest of the majority of the people.
Mr. Jerry Hanson, 2905 La Costa Street, Suite A, stated
he started a helium balloon company recently and has been unable
to get clarification on some of the zoning laws pertaining to hot
air balloons. The balloons are used and rented to businesses for
purposes of advertising their products. Mr. Hanson requested that
the laws be clarified and possibly changed.
Bakersfield, California, June 8, 1983 - Page 3
Mr. Jim Gusick, partner in the balloon company, also
requested clarification of the zoning laws pertaining to hot air
balloons.
Upon a motion by Councilman Ratty the matter of the
zoning laws on hot air balloons was referred to the Business
Development and Parking Committee.
Michael Hagen, Chairman of the Coalition for Gay and
Lesbian Civil Rights, requested that the Council support their
goals by adopting a resolution opposing crimes of violence and
discrimination against Lesbian and Gay people, which represents
10% of Bakersfield's population. The Mayor refused to issue a
Proclamation on this matter because there is pending legislation
in the Assembly, it favors a minority group (one minority group
should not be singled out when the Council stands against violence
and discrimination of all people), and it is controversial.
Reverend Arlene Ackerman, Pastor of the Metropolitan
Community Church, stated the Metropolitan Community Church is a
Christian church with their primary outreach going to the Gay and
Lesbian community in Bakersfield. Reverend Ackerman explained
some of the problems of Gay and Lesbian people and requested that
the Council adopt the requested resolution.
Dr. Nancy Bailey stated in February last year she com-
plained to the City Personnel Director about the Pre-Employment
Medical Forms that list homosexual tendencies as an illness. Dr.
Bailey passed out copies of that form to the Council. When she
called the Personnel Director and identified herself as the Advisor
to the Gay and Lesbian Academic Union at Cal-State Bakersfield and
Reverend Ackerman as Pastor of the Metropolitan Community Church,
he refused to meet with them or discuss the matter. They wanted to
explain that listing homosexual tendencies as an illness was
offensive to them, contrary to the rules of the American Psychiatric
Association and a Governor's Executive Order on discrimination in
Bakersfield, California, June 8, 1983 - Page 4
government based on sexual preference. They wanted to hear from
the Personnel Director that the City was not intentionally dis-
criminating against them and would rectify the situation. The
Personnel Director was scheduled to speak that evening at a
Business Administration class at Cal-State, which he cancelled.
He told the professor that the City would sever all ties with Cal-
State and no longer accept students as interns if she continued
persisting in this kind of behavior. The professor told her if the
City did sever ties it would close down the School of Business
Administration, which would probably close the college. The
Personnel Director then wrote a letter to the College President
which stated:
"Enclosed is a copy of a letter I recently
received from Dr. Nancy Bailey of Cal-State
Bakersfield. It appears to me as though she
is trying to make a bigger deal out of this
issue than really exists. In any event it
does very little to promote good relation-
ships between the City and Cal-State."
It appears to her that the Personnel Director was trying to force
her, through harassment on the job, to refrain from pursuing an
obvious civil rights issue. Dr. Bailey stated she feels that passing
the resolution will not solve
the right direction.
Dr. Bruce Jones, Professor of Religious
State Bakersfield and Counselor in private practive,
some of the psychological problems homosexuals have
all the problems, but it is a step in
Studies at Cal-
explained
due to prejudices
against them in American society. Dr. Jones urged support of the
requested resolution.
Gloria Dumler, member of the American Civil Liberties
Union and Victim Advocate and Counselor for the Rape Hot-Line of
Kern County, outlined some of the acts of violence that homosexuals
have committed against them and urged the Council to go on record
in opposition to crimes of violence and discrimination against Gays
and Lesbians.
Bakersfield, California, June 8, 1983 - Page 5
Norman Prigge, volunteer staff member of the Lesbian and
Gay phone lines, explained some of the things these people fear
and urged that the Council act favorably on the requested resolution.
Councilman Payne stated, as an elected official, he feels
it is the Council's obligation and duty to represent the majority
and it appears, from the figures quoted tonight, that 90% of this
community does not choose this lifestyle. His Christian background
and Bible do not condone this type of behavior. tie does not condone
this behavior and will vehemently oppose a motion to adopt that
resolution.
Councilman Ratty stated this City has gone on record in
defense of everyone's rights,
lesbians, white, black, etc.
including hiring policies of
whether they are homosexuals,
This Council is already on record,
the City, directing all City employees
to take a nondiscriminating stand. He agrees with Councilman Payne
that the Council represents the majority of the people in this City
and many of the ones he talked to feel that the City should not get
involved in this matter.
Councilman Barton stated he cannot support this resolution
or the lifestyle they have chosen.
Councilman Means stated, as a Christian, he does not
support violence against any people. He expressed concern about
the fear these people have of making complaints against Police
Officers who intimidate and discriminate against Gays and Lesbians.
The Police Department has made tremendous gains in the last couple
years in these areas. He would encourage the Gay and Lesbian people
to make their complaints known to the Police Chief, so they can be
investigated.
Police Chief Price stated he has never been approached
by this group and he would be happy to meet with them. To his
knowledge there has been no reported harassment, because the
officers know that would not be tolerated and that is what the
Bakersfield, California, June 8, 1983 - Page 6
complaint process is for. The complaint process is confidential,
would be fully investigated an~ if action is necessary, it would
be taken.
Councilman Means stated the matter of the City's personnel
policies will have to be discussed between the Council and City
Manager.
Councilman Rockoff stated one the Councilmen said the
Council represents the majority, which is true, however, to set
the record straight it should be clarified that the Council does
not condone violence against anyone. The Council should go on
any individual
record in opposition to violence, in any form, against
or group.
Adoption of Resolution No. 72-83 of
the Council of the City of Bakers-
field stating the Council's opposition
to crimes of violence.
Councilman Rockoff made a motion to adopt a resolution
stating the Council's opposition to crimes of violence.
Councilman Christensen stated he agrees with Councilman
Rockoff and opposes violence and discrimination in any form. All
individuals should be protected against crime and violence. He
can support the resolution, however, as an individual he does not
believe in and cannot endorse the Gay and Lesbian lifestyle. The
Personnel Director's letter to the President of Cal-State Bakers-
field disturbs him.
Upon a motion by
of the Council of the City
opposition to crimes of violence,
call vote:
Ayes: Councilmen Payne,
Means
Noes: None
Absent: None
Councilman Rockoff, Resolution No. 72-83
of Bakersfield stating the Council's
was adopted by the following roll
Ratty, Rockoff, Barton, Christensen,
Bakersfield, California, June 8, 1983 - Page 7
Mr. Ralph Anthony, representing the Lakeview Development
Community Corporation, stated at a public meeting of approximately
160 residents of Census Tract 22 they voted that a Planning Team
be established to meet with the Council and staff regarding their
sincere concern about the redevelopment o£ Census Tract 22. Mr.
Anthony then updated the Council on what has been taking place in
preparation of the public hearing on the rezoning of the Lakeview
Area, scheduled for June 15, 1983. Mr. Anthony invited the Mayor,
Council and staff to attend a community meeting on June 14, 1983,
to discuss their efforts to upgrade the Lakeview Area and suggested
several dates for meetings with City staff to review their plans.
~r. Marvin Dean, General Consultant, stated the infor-
mation they are using, counter to the City's proposal, is in the
Katz-Hollis Report and the same source the Community Development
Department is using for the downtown redevelopment.
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from the Bakersfield Art Commission, Inc., Cunningham Memorial
Gallery, 1930 "R" Street, dated May 23, 1983, thanking the City
£or the financial help in the 1982-83 Fiscal Year and requesting
consideration in the 1983-84 Fiscal Year Budget for converting
restrooms to handicapped specifications, painting and installation
of carpeting, was received and referred to the Budget Review and
Finance Committee.
Upon a motion by Councilman Ratty, communication from
the Greater Bakersfield Chamber of Commerce, dated May 25, 1983,
regarding proposed zoning restrictions on highrise buildings out-
side the central business district, was received and referred to
the Business Development and Parking Committee.
Upon a motion by Councilman Rockoff, communication from
Gannon Enterprises, Inc., 4101 Union Avenue, dated June 1, 1983,
requesting that the City Council consider assisting in the
Bakersfield, California, June 8, 1983 - Page 8
rehabilitation and restoration of the Kern County Land Company
Building and Standard Oil Building, located at 1800 and 1712
19th Street, by permittin~ the sale of Tax Exempt Bonds for the
purpose of financing the project, was received and referred to the
Budget Review and Finance Committee.
Upon a motion by Councilman Barton, communication from
the Better Business Bureau of South Central California, Inc., 705 -
18th Street, dated June 7, 1983, requesting that the Council adopt
an ordinance to combat the increasing problem of short term
businesses in this area, was received and referred to the Business
Development and Parking Committee.
COUNCIL STATEMENTS
Councilman Christensen proposed an ordinance similar to
the one recently approved in San Francisco, which would ban
cigarette smoking in work places where a satisfactory smoking
policy does not exist. Councilman Christensen quoted statistics
on the health hazards to both smokers and non-smokers and cost to
employers due to employees smoking.
Dr. Royce Johnson, Director of Internal Medicine at Kern
Medical Center, stated most people are aware of the hazards of
indoor smoke, whether at the work place or elsewhere, where there
can be subtle coherence not to complain because of economics.
Judy Wallrath, Board of Directors of the American Lung
Association-Kern County Chapter, stated their group is present
tonight in support of Councilman Christensen's proposal and urged
the Council to adopt the ordinance.
Barbara Reese, Director of the American Lung Association,
stated since San Francisco adopted this ordinance their office has
been deluged with calls from people requesting the City of Bakers-
field adopt the same ban on indoor smoking.
Upon a motion by Councilman Christensen drafting an
ordinance similar to the one recently approved in San Francisco,
which bans cigarette smoking in work places where a satisfactory
Bakersfield, California, June 8, 1983 - Page 9
smoking policy does not exist, was referred to the Voucher Approval
Committee for study and recommendation.
Adoption of Emergency Ordinance No.
2846 New Series of the Council of the
City of Bakersfield amending Section
5.38.010 of the Bakersfield Municipal
Code relative to the definition of
the term "Outdoor Festival."
Mr. Mark Oswald, President of Lukinbach Productions based
in, San Diego, stated they exclusively produce Country Music Concerts
and they have a show scheduled this Friday at Mesa Marin Raceway.
Several months ago they checked with the appropriate City officials
and were told a permit was not necessary, however, a problem arose
this week when they rechecked with the City departments. They were
told a permit was required due to the definition of "Outdoor
Festival." ~r. Oswald requested that the Council amend the ordinance
so they will not have to cancel. Approximately 4,000 tickets have
been sold. It is called the "Mountain Music Series" and if it
works out well they plan to have 3 or 4 shows per year.
City Attorney Oberholzer stated when the Outdoor Festival
Ordinance was adopted in 1980, there were a lot of Rock Concerts
being conducted starting in the daytime and going into the night
and the City was concered about security problems, sanitary
conditions, etc., and the ordinance was very broad in its appli-
cation. After discussions with Mr. Oswald and the Police Chief
regarding their problems it was determined that a reasonable
definition of "Outdoor Festival" was, anything under 4 hours does
not fall into the problems associated with Outdoor Music Rock
Concerts or Festivals. This proposal is to exempt musical activities
of less than 4 hours duration.
Upon a motion by Councilman Rockoff, Emergency Ordinance
No. 2846 New Series of the Council of the City of Bakersfield
amending Section 5.38.010 of the Bakersfield Municipal Code relatiw~
to the definition of the term "Outdoor Festival," was adopted by
Bakersfield, California, June 8, 1983 - Page 10
the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Barton, Christensen,
Means
Noes: None
Absent: None
Councilman Means asked if the City uses the Bulk Mailing
Rate for large mailings and felt it should be used whenever possible.
Assistant City Manager-Finance Higginbotham stated he
would furnish the Council with information on the use of Bulk
Mailing Rates at a later date.
Councilman Means stated when the Downtown Plan was being
discussed he expressed concern about the coordination of traffic
signals in the City of Bakersfield. Before the plan is finalized
he would like a proposal on the coordination of all traffic signalE;
included. Councilman Means asked the Public Works Director how
long it would take to submit a proposal to the Council detailing
the implementation and coordination of traffic signals on major
arterials and thoroughfares in the City.
Public Works Director Hawley stated he received a report
from Kern COG a few days ago that addressed that matter and will
furnish a copy to the Council, along with a memorandum summarizing
his feelings regarding that report.
Councilman Means stated at the Council Meeting of June
15, 1983, he intends to ask the Council to hold open budget hearings
and will also ask what other cities are doing.
Councilman Barton stated due to the fact that ~r. Donald
Franklin's resignation letter from the Board of the Golden Empire
Transit District did not arrive in time for the required l0 day
posting period, Mr. Larry Robinson's appointment will have to be
voted on again this evening.
Upon a motion by Councilman Barton, Mr. Larry Robinson,
2613 Crest Drive, was appointed to fill a vacancy on the Golden Empire
Transit District Board, created by the resignation of Mr. Donald
Franklin, term expiring January 6, 1987.
Bakersfield, California, June 8, 1983 - Page
Councilman Barton stated a constituent residing at 601
Leland Avenue complained, along with others, that his Cox Cable TV
service was off from 8:00 A.~. Saturday until ll:00 A.M. Tuesday.
This person was only able to reach the answering service for Cox
Cable and they were blaming it on Pacific Gas and Electric Company.
They were not able to talk to service personnel or obtain a
responsible answer. Over a 3 day holiday someone should be
responsible. Councilman Barton requested staff to investigate
the matter and report back to the Council.
Mr. Harold Clifton, Hopper, Inc., stated the Grade
Separation Project at Union Avenue and the Southern Pacific Rail-
road is a necessity for the City, but they do not feel it is a
necessity at this particular time. Hopper's has had to lay off
500 employees because business is not very good at the present time
and they will suffer during and after the construction due to loss
of ingress and egress. Twenty-Fourth Street and Union Avenue will
both be taken away. The project cost is $7,215,000 and that is not
taking into consideration the $2,000,000 in damages Hopper's may
suffer. Mr. Clifton requested that this project be delayed.
Public Works Director Hawley stated the biggest concern
is that, once the State appropriates funds for the project the
City only has one year to award a contract. The preliminary work
should be started as soon as possible. An agreement with the rail-
road company has been entered into, an Order to Construct has been
received from the Public Utility Commission and the next step is
for the State to appropriate money for the project. Once the money
is appropriated the City has one year to award the contract and
that is the main reason action is being requested from the Council
and Board of Supervisors. It will take at least one year before any
construction of the project begins.
Mayor Shell announced that next week she plans to nominat,~
Shirley ~cFadzean, 513 Friant Court, for appointment to the Historical
Preservation Commission, replacing Christopher Brewer who resigned.
Bakersfield, California, June 8, 1983 - Page 12
Mayor Shell read a portion of a letter from the Municipal
Finance Officers Association, dated May 12, 1983, notifying the
City that its comprehensive annual financial report for the Fiscal
Year ending June 30, 1982, qualified for a Certificate of Conformance
in Financial Reporting. The Certificate of Conformance is the
highest form of recognition in governmental accounting and
financial reporting, and its attainment represents a significant
accomplishment by a government or public employee retirement system
and its management.
Upon a motion by Councilman Rockoff, letter from the
Municipal Finance Officers Association, dated May 12, 1953, notifying
the City that its comprehensive annual financial report for the
Fiscal Year ending June 30, 1982, qualifies for a Certificate of
Conformance in Financial Reporting, was received and ordered placed
on file.
Mayor Shell presented the Award of Financial Reporting
Achievement to W. D. Higginbotham, Assistant City Manager-Finance.
Mayor Shell declared a brief recess at 9:10 P.M. and
reconvened the meeting at 9:20 P.~.
REPORTS
Councilman Ratty, Chairman of the Water and City Growth
Committee, read Report No. 1-83 regarding Banner Signs, as follows
Recently the City Council reviewed two requests
for authorization to hang temporary signs at
19th and Chester Avenue to advertise special
events.
After considerable discussion, the Council
authorized the two banner signs subject to a
list of specific conditions. Additionally,
the City Council requested this Committee
review the matter of banner signs and return
to the Council with a recommendation for future
Council policy on such requests.
During our discussions we noted banner signs
are permitted only by special permit of the
City Council since they do not fall under any
category of the Sign Ordinance. Further, we
noted the signs are inconsistent with the
intent of the Sign Ordinance in that they are
unsightly since they have a tendency to become
Bakersfield, California, June 8, 1983 - Page 13
tangled and torn. Generally, the banner sign
is poor in quality and construction compared
to legal sign construction.
In light of the foregoing, this Committee does
not consider the permitting of banner signs to
be in the best interest of the City and would
recommend the City Council adopt a policy of
not granting any permits for such signs.
Upon a motion by Councilman Ratty, Water and City Growth
Committee Report No. 1-83 regarding Banner Signs, was accepted; and
the Council adopted a policy of not granting any permits for hangi~.g
temporary banner signs at 19th Street and Chester Avenue to advertise
special events, by the following roll call vote:
Ayes
Noes
Councilmen Payne, Ratty, Rockoff, Barton
Councilmen Christensen, Means
Absent: None
Councilman Ratty, Chairman of the Water and City Growth
Committee, read Report No. 2-83 regarding Police Pistol Range, as
follows:
Presently the Police Pistol Range is located
on the south side of Truxtun Avenue Extension
and backs up to the east side of Freeway 99.
When this facility was originally located in
this area, it was isolated and had no appreciable
negative effect on the community. Since that
time, Freeway 99 has been constructed and as
was noted in a previous report from this
Committee to the Council, problems have increased
tremendously with the recent opening of the
Truxtun Avenue Extension and the development
in the area.
Noise generated from this facility is presently
encroaching into adjacent properties and is a
nuisance to the surrounding area. In order to
alleviate some of the problems, the City Council
appropriated $265,000 in the 1981-82 Capital
Improvements Budget for the construction of a
roof on the Pistol Range Facility. Improvements
have not been made in light of the possible
relocation of the facility.
The picnic grounds adjacent to the Pistol Range
are not as functional as in the past due to
traffic noise from the new Truxtun Avenue
Extension and encroachment of other surrounding
uses. Parking for the facility was reduced 30%
because of construction of Truxtun Avenue
Extension, consequently, restricting the use of
the picnic area to smaller groups.
Bakersfield, California, June 8, 1983 - Page 14
As it presently exists, this facility is no
longer an attribute to the community. There
is need to relocate the Pistol Range and the
picnic facility to an area which more appro-
priately suits these needs and where encroach-
ment onto other properties will be minimal.
After investigating available sites, this
Committee agrees that the area north of
Truxtun Avenue and west of Freeway 99 is the
best possible site in which to relocate the
Pistol Range and the picnic area facilities.
The site is owned by the City and is in the
Open Space, Secondary Flood Plain Zone, thereby,
eliminating the possibility of commercial and
residential development in the immediate and
surrounding area. Other sites involve con-
siderably more driving time for officers,
utilities not available, adjacent uses are
incompatible, and acquisition costs prohibitive.
This is the only site studied that does not
have the potential of encroachment by future
development.
The Water and City Growth Committee recommends
this site be evaiuated from all aspects, including
but not limited to the following:
That the facility consist of a Pistol Range
and a picnic area similar to the existing
facilities.
That the Pistol Range and picnic facilities
be designed so that clubs, associations and
the general public may utilize them with
certain supervision restrictions.
That the Pistol Range be constructed as an
open air facility with mitigated modifi-
cations to significantly reduce the noise
factor to protect the overall environment
in the area.
That the facility be constructed in a manner
that will not conflict with the open space
environment.
o
That the facility in this location conform
to the Zoning Ordinance, the General Plan,
the State Board of Reclamation, and Fish
and Game regulations.
That a Focused Environmental Impact Study
be done on this potential site addressing
noise, habitat, traffic, hydrology (the
effect on the flood plain) and is con-
sistent with City, County and State law.
That City staff develop preliminary plans
and drawings which conform to the afore-
mentioned concerns.
Therefore, we recommend the City Council accept
this report and direct staff to proceed with the
recommendations contained herein.
4O
Bakersfield, California, June 8, 1983 - Page 15
Upon a motion by Councilman Ratty, Water and City Growth
Committee Report No. 2-83 regarding Police Pistol Range, was
accepted; and staff was directed to proceed with the recommendations
as outlined in the report.
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 6-83 regarding Charter
Amendments for Police and Fire Outside Employment, as follows:
At the request of the City Council, the Govern-
mental Efficiency and Personnel Committee has
held several meetings in regards to this City's
Charter provision which relate to outside
employment by safety employees. Based on
information provided to us from other Cities,
it is apparent that our Charter requirements
are much more restrictive than those California
Cities surveyed.
In an attempt to rectify this situation, this
Committee is prepared to recommend the following
Charter Amendments for the electorate to vote
on at next November's election.
A. A peace officer employed by the Police
Department may engage in outside employment,
business, profession, trade or calling, only
if it is determined by the Chief of Police, in
his sole discretion, that such outside employ-
ment, business, profession, trade or calling
will not interfere with the performance of his
duty as a Police Officer, will not be detrimental
to the interests of the City and/or the Bakers-
field Police Department, and will create neither
a conflict of interest, a potential conflict of
interest nor the appearance of a conflict of
interest. Under no circumstances shall a peace
officer be allowed to engage in more than 20
hours per week in outside employment, business
profession, trade or calling. All peace officers
shall be available for duty at any time.
B. An officer and/or employee of the Fire
Department may engage in outside employment,
business, profession, trade or calling, only if
it is determined by the Fire Chief, in his sole
discretion, that such outside employment, business,
profession, trade or calling will not interfere
with the performance of his duty as an officer
and/or employee of the Fire Department, will
not be detrimental to the interests of the City
and/or the Bakersfield Fire Department, and
will create neither a conflict of interest, a
potential conflict of interest, nor the
appearance of a conflict of interest. Under
no circumstances shall an officer and/or employee
of the Fire Department be allowed to engage in
more than 24 hours per week in outside employ-
ment, business, profession, trade or calling.
Bakersfield, California, June 8, 1983 - Page 16
All officers and/or employees of the Fire
Department shall be available for duty at
time.
any
This Committee has also held discussions with
the Chief of Police and the Fire Chief in
regards to their departmental rules and regu-
lations in administering these proposed Charter
Amendments.
We are of the opinion that these rules will
assure the citizenry that Police and Fire
personnel will follow their given professions
and will not engage in outside employment to
the detriment of the City.
We are, therefore, recommending that the Council
instruct the City Attorney to prepare the
necessary documents to call a Special Election
in November to submit the two Charter Amendments
to the public for vote.
Councilman Means stated a Fire Department representative
contacted him and requested that this matter be delayed until the
Council Meeting of June 22, 1983, in order to allow them time to
reach an
support.
agreement that both the Fire and Police Departments can
Councilman Ratty stated he does not feel these Charter
Amendments should be anymore liberal than what is being proposed.
If there is a problem with these Charter Amendments it should be
sent back to the Governmental Efficiency and Personnel Co~nittee
for further discussion.
City Attorney Oberholzer pointed out that the deadline
for placing these Charter Amendments on the ballot for the November
8, 1983, election is within the next three weeks.
Upon a motion by Councilman Barton, Governmental Efficiency
and Personnel Committee Report No. 6-83 regarding Charter Amendments
for Police and Fire Outside Employment, was referred back to the
Governmental Efficiency and Personnel Committee for a report back
to the Council at the meeting of June 22, 1983.
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 7-83 regarding Recreation
Division Reorganization, as follows:
Bakersfield, California. June 8, 1983 - Page 17
Due to the recent resignation o£ the City's
Auditorium-Recreation Coordinator, the City
Manager has proposed a reorganization which
should result in more efficiency and at the
same time save approximately $37,500 annually.
This reorganization would transfer the Recreation
Division responsibilities from the Auditorium
Manager to the City Manager's Office under the
direct supervision of the Assistant City Manager-
Personnel. As pointed out in the Organizational
Chart, the Assistant City Manager will be res-
ponsible for Community Development, Personnel
and Recreation. Redevelopment responsibilities
which were assigned to the Assistant City
Manager will be assumed by the City Manager.
The Governmental Efficiency and Personnel
Committee has reviewed this reorganization
we are in complete agreement with the City
Manager. We are, therefore, recommending
Council approval of the following.
and
Reclassify the Auditorium-Recreation
Coordinator classi£ication to Recreation
Superintendent at a monthly salary range
of $2,602 to $3,138. Classification to be
placed in Management Group.
Reclassify the Auditorium Technical Assistant
classification to Events Supervisor at a
monthly salary range of $1,593 to $1,942.
Classification to be placed in Supervisory
Unit.
Eliminate one Personnel Coordinator classi-
fication effective July l, 1983.
Approve the job specifications for Auditorium
Manager, Assistant Auditorium Manager,
Assistant City Manager, Recreation Superin-
tendent, and Events Supervisor.
o
Approve the Salary Resolution creating
the classifications of Recreation Superin-
tendent and Events Supervisor and deleting
Auditorium-Recreation Coordinator and
Auditorium Technical Assistant.
Consider tonight's report as first reading
of the ordinance transferring Recreation
£rom the Auditorium to the City Manager's
Office.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 7-83 regarding Recreation
Division Reorganization, was accepted; and recommendations as
outlined in the report were approved.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 2.60 of the Bakers-
field Municipal Code relative to the
Division of Recreation.
Bakersfield, California, June 8, 1983 - Page 18
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Chapter 2.60 of the
Bakersfield Municipal Code relative to the Division of Recreation.
Adoption of Resolution No. 73-83 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.
Upon a motion by Councilman Payne, Resolution No. 73-83
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 Bakers£ield, was adopted by the following
roll call vote:
Ayes:
Councilmen Payne, Ratty, Rockoff, Barton, Christensen,
Means
Noes: None
Absent: None
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 13-83 regarding Sale or
Lease of City Owned Property on Brundage Lane at Mount Vernon, as
follows:
On May 16, 1983, this Committee discussed the
issue of leasing certain properties owned by
the City between the 58 Freeway right-of-way
and Brundage Lane east of Mount Vernon.
In December of 1982, at the request of staff,
this Committee recommended that subject proper-
ties be considered for possible development or
sale. Staff was directed to explore the
various avenues open for better utilization of
this land either through development or as a
part of a larger economic development plan for
the southeast portion of the City.
In the past few months, a number of organi-
zations have submitted requests to the City
asking for consideration o£ sale or use of the
subject property. In addition to these various
requests, staff is presently working with a
potential user of this land for industrial
purposes. Inasmuch as this Committee feels
that the primary purpose for considering this
type of activity is in providing jobs, we have
asked staff to consider only those proposals
that would create a labor intensive use of the
property and would provide for significant
improvements to the land.
44
Bakersfield, California, June 8, 1983 - Page
With this as the basic criteria, this Committee
is recommending that all proposals, except that
proposal currently being investigated by the
City for a small manufacturing facility, be
rejected because of the absence of economic
development with labor intensive demands and
lack of significant improvements to the land.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 13-83 regarding Sale or Lease of
City Owned Property on Brundage at Mount Vernon, was accepted; and
recommendation that all proposals, except that proposal currently
being investigated by the City for a small manufacturing facility,
was rejected due to the absence of economic development with labor
intensive demands and lack of significant improvements to the land.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 15-83 regarding Request for
Resolution of Inducement for Brower Building, as follows:
Recently the City Council received a request
from Roger Schlesinger for a Resolution of
Inducement for the Brower Building located at
the corner of 19th and Eye Streets. The
Resolution of Inducement would allow the use
of Industrial Development Bonds as a means of
long-term financing for the rehabilitation of
the Brower Building. The matter was referred
to the Budget Review and Finance Committee for
study and recommendation.
The Committee believes that a policy should be
established providing that Revenue Bonds should
be used to induce and encourage substantial
development in the downtown area. Use of
Revenue Bonds for relatively minor rehabilitation
projects would not serve the best interest of
encouraging major redevelopment in the downtown
area. Consequently, the Committee recommends
that the City not adopt an Inducement Resolution
for the issuance of Tax Exempt Revenue Bonds
for the Brower Building Project. The Committee
does recommend that the City offer its support
for Tax Exempt Bond financing for major downtown
developments.
Councilman ~ockoff made a motion that Budget Review and
Finance Committee Report No. 15-83 regarding Request for Resolution
of Inducement for Brower Building, be accepted; request for an
Inducement Resolution for issuance of Tax Exempt Revenue Bonds for
the Brower Building Project, be rejected; and recommendations as
outlined in the report, be approved.
Bakersfield, California, June 8, 1983 - Page 20
Councilman Christensen stated he will have to oppose
this because it sounds like it is supporting big corporation
development downtown and not local people who own buildings and
use local financing and it is very unfair.
In answer to a question by Mayor Shell, City Attorney
Oberholzer stated there is a $10,000,000 limitation on any project.
Councilman Rockoff stated the projects financed with
this type~of financing were approved because of historical preser-
vation and the Brower Building does not fall into that category.
Councilman Christensen stated the Church Plaza was not
50 years old and the Brower Building is older than 50 years.
Councilman Christensen asked what criteria is used for selecting
some projects and not others.
Councilman Rockoff stated the overal~ criteria is what
the Committee feels will benefit the entire community. Each
project is reviewed on its advantages and disadvantages. Decisions
are made on each individual project and how it will affect overall
redevelopment and the City in general.
Councilman Payne stated he is also having a hard time
understanding why the Brower Building does not qualify for the Tax
Exempt Revenue Bonds.
Councilman Ratty stated due to a real or imaginary con-
flict of interest he would not participate in this matter.
Councilman Payne requested that action on Budget Review
and Finance Committee Report No. 15-83 regarding Request for
Resolution of Inducement for Brower Building be held over until the
Council Meeting of June 22, 1983.
Councilman Rockoff withdrew his motion.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 16-83 regarding Request for
CDBG Funding from the Housing Authority of the County of Kern, as
follows:
Bakersfield, California, June 8, 1983 - Page 21
The Housing Authority has recently been approved
by HUD to build an addition to their existing
low income seniors housing project located at
3015 Wilson Road. However, due to funding cuts,
the amount of money appropriated wasn't enough
to satisfy all on and off site work associated
with the construction of the project.
Financial assistance is needed for site work
required for Fire Safety features prescribed
by the City Planning Commission prior to ob-
taining building permits.
The work consists of extension of a water main,
installation of two fire hydrants and the
construction of an alternate entry/exit to
provide access during the improvement of the
fire suppression service system. The estimated
cost for the work is $30,000.
The Committee reviewed the request and found
it compatible with assistance provided to other
organizations who have requested financial
assistance to provide affordable housing. Funds
are available through the Community Development
Block Grant Program for Fiscal Year 1983-84 to
assist this project.
The Committee is in favor of this request on
the condition that competitive bids be solicited
for the described work.
Therefore, it is recommended that:
The request for funding be approved
and competitive bids be solicited to
determine the lowest acceptable bid
for the improvements.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 16-83 regarding Request for CDBG
Funding from the ttousing Authority of the County of Kern, was
accepted; and request for funding was approved on the condition
that competitive bids be solicited to determined the lowest
acceptable bid for the improvements.
Councilman Means, member of the Budget Review and Finance
Committee, read Report No. 17-83 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 Bakersfield. In doing so, the Council
indicated the program should be used to meet
the current and future housing needs of the
Bakersfield, California, June 8, 1983 - Page 22
City as indicated in the City's Housing Element.
The Housing Element reflected the greatest need
to be in the central area of the City.
In January, 1983, the City Council received a
status report from this Committee. In summary,
the status report indicated the program was
having difficulty finding a "workable" method
to guarantee the bond rating. Additionally,
as of that time, the disbursement of proposed
units was substantially different than the need
as outlined in our Housing Element.
As a result of that report and this Committee's
recommendations, the City Council directed City
staff to devote no further time and effort to
the program as then structured, however, since
the consultants expressed an interest in pur-
suing the program the City Council permitted
them to do so.
Subsequent to the above Council action, two
developers have requested the City Council
approve Inducement Resolutions for their
projects. Briefly, these developers propose
to build approximately 420 units (160 in one
project and 260 in the other). The proposed
projects are located in the central area of the
City.
This Committee has discussed the location of
the proposed projects and has met with members
of the City's Bond Counsel so as to apprise
them of the requests for Inducement Resolutions.
Additionally, we advised the Bond Counsel of
the developers' desire to proceed in an
expeditious manner.
Pursuant to our discussion, and in light of
the two proposed projects being in the central
area, this Committee recommends the City
Council approve the Inducement Resolutions.
Upon a motion by Councilman Means, Budget Review and
Finance Committee Report No. 17-83 regarding ~ultifamily Mortgage
Revenue Bonds, was accepted.
Adoption of Resolution No. 74-83 of
intention to issue Revenue Bonds for
Multifamily Rental Housing and
authorizing the execution and delivery
of a Memorandum of Inducement and
Intent between the City and Gannon
Enterprises.
Upon a motion by Councilman Means, Resolution No. 74-83
of intention to issue Revenue Bonds for Multifamily Rental Housing
and authorizing the execution and delivery of a Memorandum of
Inducement and Intent between the City and Gannon Enterprises, was
48
Bakersfield, California, June 8, 1983 - Page 23
adopted by the following roll call vote:
Ayes
Councilmen Payne, Ratty, Rockoff, Barton, Christensen,
Means
Noes None
Absent: None
Adoption of Resolution No. 75-83 of
intention to issue Revenue Bonds for
Multifamily Rental Housing and
authorizing the execution and delivery
of a ~{emorandum of Inducement and
Intent between the City and BDS
Investors.
Upon a motion by Councilman Means, Resolution No. 75-83
of intention to issue Revenue Bonds for Multifamily Rental tIousing
and authorizing the execution and delivery of a Memorandum of
Inducement and Intent between the City and BDS Investors, was
adopted by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Barton, Christensen,
Means
Noes: None
Absent: None
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 6442 to 6872,
inclusive, in the amount of $1,390,520.28.
(b)
Claim for Damages from Gerald F. Marion,
2217 Kamar Street, Bakersfield. (Refer
to City Attorney)
(c)
Claim for Damages from Barry Leon Dykes,
2401 Christmas Tree Lane, Bakersfield.
(Refer to City Attorney)
(d)
Claim for Damages from Frank Rivera, 3200
Fleur Street, Bakersfield. (Refer to City
Attorney)
(e)
Claim for Damages from Farmers Insurance
Exchange on behalf of Vernon Jones, 3916
White Lane, Bakersfield. (Refer to City
Attorney)
(f)
Claim for Damages from General E. Allen,
1121 Chester Place, Bakersfield. (Refer
to City Attorney)
Claim for Damages from Theressa Gladys
Hicks, 343 Northrup Street, Bakersfield.
(Refer to City Attorney)
Bakersfield, California, June 8, 1983 - Page 24
(h)
(i)
(J)
(k)
(i)
(m)
(n)
(o)
Claim for Damages and Personal Injuries
from Vernon Ray Jones, 2909 Marlene Place,
Bakersfield. (Refer to City Attorney)
Claim for Damages and Personal Injuries
from Cassie Watley, P.O. Box 3,
Sacramento, California. (Refer to City
Attorney)
Street Dedication from Tenneco Realty
Development Corporation for a portion of
Camino Media and Lancashire Street as
required by the Planning Commission for
Tract No. 4568 Unit l, located west of
Gosford Road, south of Kroll Way.
Water Pipeline Easement from Grupe
Communities, Inc., as required by the
Planning Commission for Tract No. 4590,
located at southwest corner of Stockdale
Highway and Gosford Road.
Road Easement from Tenneco Realty Develop-
ment Corporation for east half of Old
River Road between Stockdale Highway and
Camino Media.
Map of Tract No. 4542.with E. O. and
Phyilis M. Modeffer, located at northwest
corner of Truxtun Avenue and Westwind
Drive; and Grant Deed from E. O. and
Phyllis M. Rodeffer granting a .066 acre
portion of land required by the Planning
Commission for Tract No. 4542. Direct
vehicular access from the Tract to Truxtun
Avenue will not be allowed.
Contract Change Order No. 2 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 and disposal of existing street
light base at the intersection of 17th and
"L" Streets, which interferes with the
installation of a signal foundation and
to provide for maintenance of a temporary
signal. The cost of the change is
$2,067.60. Total contract, as a result
of this Change Order, is $106,903.70 and
is within the total amount budgeted for
the project.
Notices of Completion and Acceptance of
Work on:
Sandra Pump Station Modification, Phase II,
Contract No. 82-220 with Micon.
Restroom Modifications - Bakersfield
Corporation Yard, Contract No. 82-191
with McCowan's Construction.
(CONTINUED ON NEXT PAGE)
Bakersfield, California, June 8, 1983 - Page 25
(o) CONTINUED
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
30th Street Improvements "F" Street to "Q"
Street, Contract No. 83-68 with James G.
Francis.
Traffic Signal System Modification on "L"
Street (at Truxtun Avenue and 17th, 18th,
19th and 21st Streets), Contract No.
82-184 with E & S Electric.
Parcel Map No. 6871, Contract No. 83-44
with Regional Mortgage Company, located
at Sylvia Drive, west of South Chester
Avenue.
Parcel Map No. 6810, Contract No. 83-7
with D. J. Scatena, located at 1027 East
Truxtun Avenue.
Plans and Specifications for construction
of the Maywood Drive Storm Drain between
Auburn Street and the University Park
Detention Basin.
Plans and Specifications for construction
of the Pacheco Greenbelt Storm Drain,
Phase I, between "H" Street and Monitor
Street, and in Monitor Street from the
Pacheco Greenbelt to the Monitor Park
Detention Basin.
Revised Drainage Basin Standard Drawing
No. S-9.
Agreement between the City of Bakersfield
and Susan Anderson for instruction in
Calligraphy for a period of eight weeks
at Holloway-Gonzales and Baker Street
Libraries and Stine School.
Agreement between the City of Bakersfield
and Steve Williford for Tennis instruction
for a period of eight weeks at West High
School.
Agreement between the City of Bakersfield
and Linda Humphrey for instruction in
Crafts for a period of 4 weeks at Holloway-
Gonzales Library.
Agreement between the City of Bakersfield
and Lyn Dahm for instruction in Dog
Obedience for a period of eight weeks at
Planz Park.
Resolution of Intention No. 971 of the
Council of the City of Bakersfield
declaring its intention to order the
vacation of a portion of the twenty-foot
Alley south of Hilton Head Way and west
of Moffitt Way in the City of Bakers-
field. This Resolution of Intention
sets July 13, 1983, for hearing on the
matter before the Council.
51
Bakersfield, California, June 8, 1983 - Page 26
Upon a motion
(d), (e), (f), (g), (h),
(q), (r), (s), (t), (u),
adopted by the following roll
Ayes:
Noes:
Absent:
by Councilman Means, Items (a), (b), (c),
(i), (j), (k), (1), (m), (n), (o), (p),
(v) and (w) of the Consent Calendar, were
call vote:
Ratty, Rockoff, Barton,
Councilmen Payne,
Means
None
None
ACTION ON BIDS
Upon a motion by Councilman Rockoff,
Christensen,
low bid of Moore
Contract
rejected
Business Forms, in the amount of $5,512.69, for Annual
for Stock Computer Paper, was accepted, all other bids
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Barton, bid of General Seating
Company, in the amount of $19,580.80. for Annual Contract for
Aluminum Planks and Accessories for the Parks Department, was
accepted and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Barton, low bid of Granite
Construction Company, in the amount of $22,260.00, for Annual
Contract for Select Road Materials, was accepted, the other bid
rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Barton, low bid of Kern
Battery Company, in the amount of $7,565.74, for Annual Contract
for Automotive Batteries, was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2847 New
Series of the Council of the City of
Bakersfield adding Section 12.44.035
to Chapter 12.44 of the Bakersfield
Municipal Code relative to Exemption
of Food Vendors Operating Pushcart.
Councilman Barton made a motion to adopt an Ordinance
adding Section 12.44.035 to Chapter 12.44 relative to Exemption of
Food Vendors Operating Pushcart.
52
Bakersfield, California, June 8, 1983 - Page 27
Councilman Rockoff stated he is very pleased with the
one vendor operating in the downtown area, however, he is concerned
that this ordinance will allow this type of business to proliferate
to a point where vendors will be at every doorway on a heavily
traveled street.
After discussion, Councilman Rockoff offered a substitute
motion that the Ordinance adding Section 12.44.035 to Chapter 12.44
relative to Exemption of Food Vendors Operating Pushcart, be adopted
with the stipulation that only one vendor be allowed in any one
square block. This motion failed to carry by the following roll
call vote:
Ayes:
Noes:
Absent:
Councilman Rockoff
Councilmen Payne, Ratty, Barton, Christensen, Means
None
Councilman Barton's motion to adopt Ordinance No. 2847
New Series of the Council of the City of Bakersfield adding Section
12.44.035 to Chapter 12.44 of the Bakersfield Municipal Code
relative to Exemption of Food Vendors Operating Pushcart, carried
by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Barton, Christensen, Means
Noes: Councilman Rockoff
Absent: None
Adoption of Ordinance No. 2848 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 at the northwest
corner of White Lane and Wible Road.
The application for this amendment was made by the County
of Kern Property ~anagement Department and would change subject
property from an R-1 (One Family Dwelling) Zone to a C-2 (Commercial)
Zone.
The Planning Commission was of the opinion that a C-1
Zone would be more appropriate for subject property and recommended
approval of this amendment.
Bakersfield, California, June 8, 1983 - Page 28
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2848 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 at the northwest corner of White
Lane and Wible Road, finding said zoning consistent with the General
Plan, were adopted by the following roll call vote:
Ayes:
Councilmen Payne, Ratty, Rockoff, Barton, Christensen,
Means
Noes: None
Absent: None
Adoption of Zoning Resolution No.
299 of the Council of the City of
Bakersfield affirming the decision
of the Board of Zoning Adjustment
granting a Conditional Use Permit
to Jean Curutchague to allow a
banquet room to serve alcoholic
beverages when served together with
and incidental to serving of food
and to permit catering of food in
a C-1 (Limited Commercial) Zone,
affecting that certain property in
the City of Bakersfield commonly
known as 208 Oak Street, subject to
conditions imposed by the Council,
and denying the appeal from the
decision of the Board of Zoning
Adjustment by 18 Surrounding Property
Owners.
This Zoning Resolution sets out the conditions imposed
by the Council at the meeting of May 18, 1983, and makes findings
consistent therewith.
Upon a motion by Councilman Ratty, Zoning Resolution No.
299 of the Council of the City of Bakersfield affirming the decision
of the Board of Zoning Adjustment granting a Conditional Use Permit
to Jean Curutchague to allow a banquet room to serve alcoholic
beverages when served together with and incidental to serving of
food and to permit catering of food in a C-1 (Limited Commercial)
Zone, affecting that certain property in t~Gity of Bakersfield
commonly known as 208 Oak Street, subject to conditions imposed by
the Council, and denying the appeal from the decision of the Board
Bakersfield, California, June 8, 1983 - Page 29
of Zoning Adjustment by 18 Surrounding Property Owners,
adopted by the £ollowing roll call vote:
Ayes:
Noes
Absent:
was
Councilmen Payne,
Means
None
None
Ratty, Rockoff, Barton, Christensen,
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 8.32.060 B., Sus-
pending the Refuse Collection Fees
for the period of June l, 1983 to
May 31, 1984.
The Refuse Collection Fees have been suspended on an
annual basis with re-evaluation each year. This ordinance will
suspend the Refuse Collection Fees for another year.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 8.32.060 B.,
Suspending the Refuse Collection Fees for the period of June 1,
1983 to May 31, 1984.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.58.020 10. of the
Bakersfield Municipal Code relative
to Exemptions from Off-Street Parking
Requirements.
This ordinance amends the schedule of off-street parking
requirements of Section 17.58.020 of the Bakersfield Municipal Code
to exempt from the requirements otherwise applicable to all "unlisted
retail and commercial" uses those businesses excluded by definition
from the newly-passed regulations applicable to transient outdoor
businesses (farmers markets; sellers of Christmas Trees, Fireworks
or Pumpkins; food vendors operating pushcarts on sidewalks with
permission; and sale of food or beverages by persons under 15 years
of age adjacent to their residences).
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.58.020 10.
of the Bakersfield Municipal Code relative to Exemptions from Off-
Street Parking Requirements.
Bakersfield, California, June 8, 1983 - Page 30
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
commonly known as 4124 and 4130 Ardmore
Avenue.
The application for this amendment was made by Jay Alvin
Wheelan and would change subject properties from an R-3 (Limited
Multiple Family Dwelling) Zone to a C-O (Commercial and Profession~l
Office) Zone.
The proposed C-O Zone would be consistent with the
Bakersfield Metropolitan Area General Plan.
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 commonly known as
4124 and 4130 Ardmore Avenue.
Adoption of Resolution No. 76-83 of
intention of the Council of the City
of Bakersfield to approve an amend-
ment to contract between the Board of
Administration of the Public Employees'
Retirement System and the City Council
of the City of Bakersfield.
This resolution of intention initiates the process of
amending the contract between the City and the California Public
Employees' Retirement System to provide the 2% at age 50 retire-
ment benefit for all safety employees, effective October 3, 1983,
as recently agreed upon in the Police and Fire Memorandums of
Understanding.
Upon a motion by Councilman Payne, Resolution No. 76-83
of intention of the Council of the City of Bakersfield to approve
an amendment to contract between the Board of Administration of the
Public Employees' Retirement System and the City Council of the City
of Bakersfield, was adopted by the following roll call vote:
Ayes: Councilmen Payne,
~eans
Noes: None
Absent: None
Ratty, Rockoff, Barton,
Christensen,
56
Bakersfield, California, June 8, 1983 - Page 31
First reading of an Ordinance of the
Council of the City of Bakersfield
authorizing amendment to contract
between the City Council of the City
of Bakersfield and the Board of
Administration of the California
Public Employees' Retirement System
relative to providing pensions for
local safety members in accordance
with Section 21252.01 of the Cali-
fornia Government Code.
This ordinance authorizes an amendment to the contract
between the City and the California Public Employees' Retirement
System to provide the 2% at age 50 retirement benefit for all
safety employees, effective October 3, 1983, as recently agreed
upon in the Police and Fire Memorandums of Understanding.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield authorizing amendment to contract
between the City Council of the City of Bakersfield and the Board
of Administration of the California Public Employees' Retirement
System relative to providing pensions for local safety members in
accordance with Section 21252.01 of the California Government Code.
Approval of Fifth Amendment to Con-
tract No. 42-64 with the State of
California for Maintenance of State
Highways in the City of Bakersfield.
The City of Bakersfield provides street cleaning, lighting
and other miscellaneous maintenance along certain State highways
within the City. This amendment will increase the reimbursement
to the City for the maintenance of the State highways from the
present $11,500 to a new limit of $18,800 per year.
Upon a motion by Councilman Christensen, Fifth Amendment
to Contract No. 42-64 with the State of California for Maintenance
of State Highways in the City of Bakersfield, was approved and the
Mayor was authorized to execute same.
Approval of Agreement for Credits
against Assessments/Reimbursement
for Costs of Sewer Facilities between
the City of Bakersfield and Tenneco
Realty Development Corporation.
Bakersfield, California, June 8, 1983 - Page 32
This agreement sets forth the procedure by which Tenneco
and successive owners of property within Assessment District No.
82-1 shall receive credits against their Assessment District assess-
ments or reimbursements from monies collected by the City upon
connection to the sewer system of properties outside the Assessment
District. The agreement provides for the City to collect its
administrative costs in the process of handling such credits/reim-
bursements.
Upon a motion by Councilman Rockoff, Agreement for Credits
against Assessments/Reimbursements for Costs of Sewer Facilities
between the City of Bakersfield and Tenneco Realty Development
was approved and the Mayor was authorized to execute
Corporation,
same.
Approval of Joint Agencies Agreement
between the City of Bakersfield,
County of Kern and Separation of
Grade District for construction of
the Union Avenue/Southern Pacific
Railroad Grade Separation Project.
This agreement provides the terms and conditions for
the engineering and financing of the Grade Separation Project.
The estimated project cost is $7,215,000 and the local share of
the cost
$150,000,
$470,225.
is $1,493,500. Of the local share, the District wil~ pay
City will pay $873,275, and the County of Kern will pay
This agreement was also submitted to the Kern County
Board of Supervisors for their consideration on June 7, 1983.
Public Works Director Hawley stated, yesterday, the
Board of Supervisors considered this agreement and seem to be in
support of the project, however, they deferred action for one week.
Their concern was centered around when the County's share will have
to be deposited with the City. They requested that the agreement
be clarified so it is clear their share will not have to be deposited
sooner than September 1st. If the Council approves the agreement
tonight, it is recommended that the City Attorney be authorized to
amend the agreement to include that request.
Bakersfield, California, June 8, 1983 - Page 33
In answer to a question by Councilman Payne regarding the
date for start of construction, Mr. Roland Woodruff, Attorney for
the Separation of Grade District, stated under the agreement the
City is the lead agency and will make the determination when the
contract will be bid and construction will start. Without question
it will be at least a year before construction begins. To clear a
misinterpretation of the County's action yesterday, they are very
much in favor of the project, however, the City is so interested
in it that they wanted to get behind the City to get it going.
Their problem was a question of how to handle their budget policies
for the funds. The matter was referred to the County Counsel, who
was instructed to meet with him and the City Attorney to work out
the matter. The Grade Separation District indicated, to the County,
that no funds would probably be required until after September 1st.
This agreement is basically the same as the Chester Avenue Under-
crossing Project.
Public Works Director Hawley stated access to Hopper's
has been a major concern since the beginning of this project.
Alternate "0" will cause the least disruption to Hopper's. They
presently have access along Union Avenue and 24th Street. The
City does not anticipate putting a Grade Separation at both
locations. This project will provide access along the Union Avenue
Frontage, but they will lose some along 24th Street. The project
can be constructed the other way, with access on 24th Street, but
not on Union Avenue. The project is shifted toward the east side
of Union Avenue, which means there is a two-way road fronting
Hopper's property along Union Avenue.
Mr. Ronald Ruettgers, Engineer for the Separation of
Grade District, stated this is an Overpass, which is approximately
$1,000,000 less than an Underpass, and it facilitates construction
much better. The alignment being moved easterly will allow the
construction of the main structure while traffic continues in its
Bakersfield, California, June 8, 1983 - Page 34
normal pattern. When the embankment construction is partially
done some traffic can be diverted until construction of the service
roads. There will be no interruption of access to Hopper's.
Upon a motion by Councilman Ratty, Joint Agencies Agree-
ment between the City of Bakersfield, County of Kern and Separation
of Grade District for construction of the Union Avenue/Southern
Pacific Railroad Grade Separation Project, was approved and the
Mayor was authorized to execute same.
Approval of Contract with Association
of Bay Area Governments (ABAG) for
continued service to analyze annexa-
tion proposals through its Cost/
Revenue Impact System (CRIS Computer
~odel.
This contract provides ongoing maintenance of the CRIS
Model for the City of Bakersfield and analyses of annexation
proposals. The proposed budget for 1983-84 contains $2,500 to
cover the cost of this service.
Upon a motion by Councilman Rockoff, Contract with
Assocation of Bay Area Governments (ABAG) for continued service
to analyze annexation proposals through its Cost/Revenue Impact
System (CRIS) Computer Model, was approved and the Mayor was
authorized to execute same.
Approval of Agreement between the
City of Bakersfield and City of
Shafter for the Bakersfield City
Attorney's Office to provide Legal
Services to the City of Shafter.
The $hafter City Council authorized the execution of the
agreement as proposed between the City of Shafter and City of
Bakersfield for legal services. This agreement will provide legal
services to Shafter at the rate of $60.00 per hour, plus travel at
$.30 per mile, with provisions for termination upon 30 days' notice
and automatic termination in six months. The contract will become
effecitve July l, 1983.
Upon a motion by Councilman Ratty, Agreement between the
City of Bakersfield and City of Shafter for the Bakersfield City
6O
Bakersfield, California, June 8, 1983 - Page 35
Attorney's Office to provide.Legal Services to the City of Shafter,
was approved and the Mayor was authorized to execute same.
Approval of Agreement between the
City of Bakersfield and City of Taft
for the Bakersfield City Attorney's
Office to provide Legal Services to
the City of Taft.
At a special meeting with the Taft City Council on
Tuesday, May 31, 1983, the Taft City Council requested that a
contract be prepared on the same terms and conditions as that
entered with the City of Shafter. This contract is identical to
the contract for legal services with the City of Shafter.
Upon a motion by Councilman Ratty, Agreement between the
City of Bakersfield and City of Taft for the Bakersfield City
Attorney's Office to provide Legal Services to the City of Taft,
was approved and the Mayor was authorized to execute same.
Approval of Contract for Independent
Services between the City and Musicians'
Union Local 263 to provide Summer Band
Concerts at Beale Park.
This agreement provides that contractor shall perform
seven band concerts on seven consecutive Sunday evenings between
June 19 and July 31, 1983, at Beale Park. The band shall consist
of a minimum of 36 musicians and shall play for not less than two
hours.
Upon a motion by Councilman Christensen, Contract for
Independent Services between the City and Musicians' Union Local
263 to provide Summer Band Concerts at Beale Park, was approved and
the Mayor was authorized to execute same.
Property located south of Bernard
Street and east of Mr. Vernon Avenue
declared surplus and authorization
granted to Finance Operations Manager
to sell at highest bid above appraised
value.
property, located approximately 300 feet south of
and 1,050 feet east of Mt. Vernon Avenue, is zoned
In May, 1980, the City obtained the property as part of a
This
Bernard Street
Bakersfield, California, June 8, 1983 - Page 36
larger parcel of land to be used as a drainage basin. After com-
pletion of the basin there was approximately 1.4 acres of unused
property along the east side of the parcel. The Planning Commission
has reviewed the request and determined that the proposal to sell
is consistent with the General Plan.
Upon a motion by Councilman Rockoff, City owned property
located south of Bernard Street and east of ~t. Vernon Avenue was
declared surplus and the Finance Operations Manager was granted
authorization to sell at the highest bid above the appraised value.
Property located at 5705 Medio Luna
Avenue, Lot 71 of Tract No. 3859
Unit "A" declared surplus and
authorization granted to Finance
Operations Manager to sell at highest
bid above appraised value.
This property located adjacent to the north right-of-way
line of College Avenue is zoned R-1.
December, 1979, for a drainage basin
Tract No. 3859 Unit "A". Because of
This site was acquired in
site as a requirement for
the construction of the
Shalimar Storm Basin System in this area, it is no longer necessary
to retain this site for drainage. The Planning Commission has
reviewed the request and determined that the
consistent with the General Plan.
Upon a motion by Councilman Barton,
located at 5705 Medio Luna Avenue, Lot 71 of
proposal to sell is
City owned property
Tract No. 3859 Unit "A"
was declared surplus and the Finance Operations Manager was granted
authorization to sell at the highest bid above the appraised value.
Authorization granted to sell City
Vehicle No. 5059, 1976 Pontiac Police
Vehicle, to the City of Maricopa for
$90O.00.
The City of Bakersfield has several Police vehicles for
which there are plans to sell at public auction. One is a 1976
Pontiac with a reported fair market value of $900.00. The City of
Maricopa has requested to purchase the vehicle from the City of
Bakersfield for $900.00.
Bakersfield, California, June 8, 1983 - Page 37
Upon a motion by Councilman Means, authorization was
granted to sell City Vehicle No. 5059, 1976 Pontiac Police Vehicle,
to the City of Maricopa for $900.00.
CLOSED SESSION
Upon a motion by Councilman Rockoff, the Council recessed
to a Closed Session at 10:40 P.M. with the City's Chief Labor
Negotiator to discuss Labor Negotiations. The regular meeting was
reconvened at 10:50 P.M.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Payne, the meeting was
adjourned at 10:51 P.M.
ATTEST:
MAYOR o~f e C'ty of Bakersfield,
Calif.
PHILIP KELMAR
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
/ ASSISTANT CITY CLERK
ma
Bakersfield, California, June 15, 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., June 15, 1983.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Reverend Ken Miller
of the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Ratty, Rockoff, Barton,
Christensen, Means, Payne
PRESENTATION BY MAYOR
Mayor Shell presented a Key to the City to former Council-
man Vernon D. Strong, who resigned as Councilman of the First Ward
on June 1, 1983. Councilman Strong served on the Council from
April 23, 1973 to June l, 1983.
SCHEDULED PUBLIC STATEMENTS
Mr. Don Murfin, Superintendent of the Kern County High
School District, submitted a proposal to develop a Vocational-
Agricultural Training Center and requested that the City explore
the feasibility of making 80 acres of land at Wastewater Treatment
Plant No. 2 available to the Kern High School District and Kern
Community College District for this center. The current site on
Truxtun Avenue was developed 12 years ago, when it was in the
country near oilfields, and now it is being surrounded by business
and industry. The requested site is an excellent location, has
long-term availability and it is hoped the price will be reasonable.
It is being requested that this matter be referred to the appropriate
Council Committee for exploration, so proposals can be developed
by the three agencies involved.
Dr. Jim Young, Chancellor of Bakersfield College, stated
the proposed Agricultural Program will start in the Junior year of
high school and conclude after 2 years in the community college.
They hope to develop one of the finest Agricultural Programs in the
Absent: None
64
Bakersfield, California, June 15, 1983 - Page 2
country, and they are hopeful that when the new President of Cal-
State Bakersfield takes his office that a program can be developed
so local students will not have to leave the area. Dr. Young then
outlined the proposed instructional program.
Upon a motion by Councilman Ratty, request from Kern
High School District and Bakersfield College for use of 80 acres
of land at Wastewater Treatment Plant No. 2 for a Vocational-
Agricultura~ Training Center, was referred to the Water and City
Growth Committee.
Mr. Francis Serra, 2620 Sunset Avenue, requested that
the Council adopt a resolution recognizing June 19, 1983, as the
First Annual Lesbian and Gay Pride Day.
Mr. Art Jones stated he is a property owner on Paladino
Drive, which was the extension of Panorama Drive, and he under-
stands the County is going to reopen the Old Landfill on China
Grade. They have a private road maintained by 30 property owners
going from Niles Street to the Landfill road. They feel, with
the dump being reopened, that no thought has been given to the
impact on their road. They would ~ike to know what can be done,
because that road will not take the extra vehicles.
Upon a motion by Councilman Means, Mr. Jones' concern
regarding the privately owned road, near the Old County Landfill
on China Grade, was referred to the Budget Review and Finance
Committee.
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from Communications Technology, 5494 East Lamona Avenue, Fresno,
dated June 6, 1983, requesting the opportunity to submit a bid for
telephones, paging and fire alarm systems at City Parking Garages,
was received and referred to the Redevelopment Staff.
Upon a motion by Councilman Ratty, communication from
C. A. Peterson, 2713 Cardinal Avenue, dated June 7, ~983, regarding
repair to large City refuse containers, was received and referred
to the Public Works Director.
Bakersfield, California, June 15, 1983 - Page 3
Upon a motion by Councilman Rockoff, communication from
Thomas W. Smith, 3908 Panorama Drive, dated June 13, 3983, serving
notice to the City that he will hold the City liable for damages
and injuries resulting from the methane gas from the Sanitary
Landfill and urging the Council to take immediate action to mitigate
the problem, was received and referred to the City Attorney.
Upon a motion by Councilman Payne, communication from
Sequoia Engineering, Inc., 1430 Truxtun Avenue, Suite 909, dated
June 14, 1983, regarding the Board of Zoning Adjustment's policy
of denying blanket zoning modifications for subdivisions, was
received and referred to the Board of Zoning Adjustment for
appropriate action.
Upon a motion by Councilman Rockoff, Mailgram from Mayor
Paul E. Zeltner, City of Lakewood, California, on behalf of the
U. S. Conference of Mayors, dated June 9, 1983, urging the Mayor
and Council to personally contact Senator Pete.Wilson to obtain
his co-sponsorship of amendments to S.66 that would remove objectionable
features of this pending Federal Cable Communications Bill, was
received and referred to the Budget Review and Finance Committee
for a report no later than the Council Meeting of June 22, 1983.
COUNCIL STATEMENTS
Councilman Christensen asked the City Attorney the basis
for recommending that Councilman Ratty not participate in the
voting or discussion last week on the report from the Budget
Review and Finance Committee regarding the Brower Building.
City Attorney Oberholzer stated the State Conflict Laws
require that when there is a foreseeable benefit to a Councilman,
and he could derive an increase in his property value, he should
not participate in the voting on that matter.
Councilman Christensen asked, if there was a potential
conflict of interest, was it improper for Councilman Ratty to
participate in the discussion of that item and sign the Committee
Report.
Bakersfield, California, June 15, 1983 - Page 4
City Attorney Oberholzer stated that is true, however,
he failed to catch it at the time and it is his obligation, as
the City Attorney, to advise Councilmen when there is a potential
conflict of interest.
Councilman Barton stated due to the resignation of
Councilman Strong vacancies exist on the Council's Governmental
Efficiency and Personnel Committee, Voucher Approval Committee
and Intergovernmental Relations Committee.
Upon a motion by Councilman Barton, Councilman Means was
appointed to fill the vacancy on the Governmental Efficiency and
Personnel Committee, Councilman Rockoff was appointed to fill the
vacancy on the Voucher Approval Committee and Councilman Barton
was appointed to fill the vacancy on the Intergovernmental Relation~s
Committee.
Councilman Barton stated these are interim appointments
to these Committees. When a new Councilman is elected in the First
Ward the Committees will be reorganized and the First Ward Council-
man appointed to Committees.
Councilman Rockoff announced that he intends to nominate
Mr. Robert Spawn as his appointee to the Historic Preservation
Commission at the next Council Meeting.
Councilman Rockoff stated several months ago a letter
regarding patrol of the Kern River was referred to the Intergovern-
mental Relations Committee and he does not remember a report
coming back to the Council on the disposition of that particular
matter.
City Manager Kelmar stated he believes a report was
made to the Council on that matter, however, he will check into it.
Councilman ~eans requested the City ~anager investigate
and take whatever action he feels appropriate on a complaint
received at last week's Council Meeting from Nancy Bailey regarding
a situation she had last year.
Bakersfield, California, June 15, 1983 - Page 5
Upon a motion by Councilman Ratty, Mayor Shell's appoint--
ment of Shirley McFadzean, 513 Friant Court, to the ttistoric
Preservation Commission, replacing Mr. Christopher Brewer, was
approved.
HEARINGS
This is the time set for public hearing on a proposed
Ordinance of the Council of the City of Bakersfield relative to
Building Height Limits.
This hearing was duly advertised and posted.
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 14-83 regarding Building
Height Limits, as follows:
On May 4, 1983, the City Council accepted a
report from this Committee and approved the
recommendations contained therein. The recom-
mendations included a public hearing be
noticed for and heard on June 15, 1983, to
consider a proposed ordinance relative to
building height. Additionally, first reading
was considered given the proposed ordinance.
Subsequent to the May 4, 1983, Council Meeting,
this Committee has continued to meet on numerous
occasions with citizens and many interested
groups concerned with the proposed ordinance.
Pursuant to our meetings and discussions, we
have recognized a sincere and a strong desire
of everyone to enthusiastically work in a
positive manner to facilitate the "revitali-
zation of Downtown Bakersfield.
Further, those persons who attended the meetings,
and we understand many who were unable to attend,
are proceeding with the formation of a "citizens
committee to facilitate downtown revitalization."
In addition to forming the committee, they will
be developing, what they consider, to be the goals,
procedures, parameters, etc., of the committee.
We concur with this approach and will be re-
viewing the committee's recommendations so we
may return to the Council with our recommendation
for the recognition of the committee and approval
of their goals, etc.
We are enthused by the positive feelings and
ideas which have come from our meetings. Addi-
tionally, we believe the formation of the
above mentioned committee. with the proper
goals, will provide the impetus necessary to
facilitate downtown revitalization. Therefore,
in light of the foregoing, we believe no
further consideration of the proposed ordinance
68
Bakersfield, California, June 15, 1983 - Page 6
relative to building height be
that the City Council vote not
ordinance.
considered and
to adopt the
Mayor Shell declared the hearing open for public partici--
pation.
Fred ~cKenna, member of the Board of Directors of
the Downtown Business Association, read the following statement.
The Downtown Business Association is an organi-
zation of over 100 local business owners and
operators. It directly represents the interests
of over 350 businesses in the Downtown Improve-
ment District. They and their employees are
the citizens whose livelihoods, and whose
ability to continue to serve the community,
will be most directly and dramatically affected
by the implementation of any recommendations
which you receive regarding Downtown Redevelop-
ment .... including those involving building
height limitations.
The statement which we wish to make to the
Council necessarily makes very detailed
references to specific sections of City
Planning documents with which others partici-
pating in this hearing may not be familiar.
Therefore, it would be helpful to explain in
advance that the nature of the DBA statement
is to address the building height issue by
recommending that the City proceed as quickly
as possible to allow the construction of
buildings of unlimited height in the central
downtown business area. The statement then
urges, in order to make such an action truly
meaningful, that the City provide additional
positive incentives to encourage the actual
construction of high rise buildings in the
downtown area.
The Association's statement is as follows:
The Downtown Business Association
recommends that the provisions of
Ordinance No. 2830 New Series, which
address the issue of designating C-3
zoning in the downtown area, be
implemented without delay. However,
it is recommended that the C-3 zone
be made to conform exactly with the
Redevelopment Plan Height Standards
Unlimited Height boundaries outlined
on page 102 of the Redevelopment
Specific Plan Element Land Use Plan.
Furthermore, the Downtown Business
Association urges the quick adoption
of redevelopment planning which pro-
vides strong positive incentives to
encourage new construction and re-
habilitation in the C-3 (Central
Business) Zone contained in Ordinance
No. 2830. The DBA recognizes the
adoption of such incentives as being
necessary to place the downtown area
in a competitive position relative
to other areas of the City. (There-
fore, the Downtown Business Association
will prepare and submit specific
proposals recommending incentives to
Bakersfield, California, June 15, 1983 - Page 7
be included in the Master Redevelop-
ment Plan.)
I should note that local business people, under
the leadership of their Downtown Business
Association, are now studying various alter-
natives to determine which strong positive
incentives can be the most effective in en-
couraging new high rise construction, as well
as, rehabilitation downtown. They have been
most pleased to learn that others in the
community have also expressed an interest in
developing such truly meaningful positive
incentives, and welcome their efforts in a
spirit of cooperation.
In fact, the Downtown Business Association is
accepting an invitation from the organization
calling itself the "Community Coalition for
Growth, Development and Jobs," to participate
in its discussions and activities. A DBA
Board ~4ember who is a downtown small indepen-
dent businessman, typical of the many DBA
members whose livelihoods will be so directly
affected, has been chosen by the DBA to be
its representative in this matter.
No one else wishing to speak, ;~ayor Shell closed the
public portion of the hearing for Council deliberation and action.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 14-83 regarding Building Height
Limits, was accepted; and Ordinance of the Council of the City of
Bakersfield adding Sections 17.22.040-1/2, 17.24.050-1/2,
17.28.040-1/2, 17.30.040-1/2 and 17.64.030-1/2 to Title 17 of the
Bakersfield Municipal Code relative to Building Height Limits, was
rejected.
Mayor Shell declared a brief recess at 7:40 P.M. and
reconvened the meeting at 7:45 P.M.
Councilman Christensen suggested that the Water and City
Growth Committee consider naming the new Vocational-Agricultural
Training Center after Mr. Howard K. Dickson, who was in charge of
the Farming Program for the Junior College and High Schools on
Stine Road for 35 or 40 years and was very active in the County
Fair.
This is the time set for public hearing before the
Council on an Appeal by Bruce L. Dawson to the decision of the
Bakersfield, California, June 15, 1983 - Page 8
Board of Zoning Adjustment denying his application for a Modifi-
cation of an R-1 (One Family Dwelling) Zone, to construct a car-
port on that certain property commonly known as 3108 Pomona Street.
This hearing was duly advertised and the property owners
notified as required by law.
The Board of Zoning Adjustment approved the off-street
parking space within the 25 foot front yard setback, but denied
the construction of a carport structure over said parking space.
Mayor Shell declared the hearing open for public partici--
pation.
Mr. Bruce Dawson stated the carport will be an attractive
structure, improve the appearance of the home and neighborhood and
requested that the Council approve the application.
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.
Councilman Payne made a motion that application of Bruce
L. Dawson for a Modification to construct a carport on property
commonly known as 3108 Pomona Street, be granted.
Councilman Ratty stated he is concerned about the precedent
this would set for other areas, where someone else might not be so
tidy and after Mr. Dawson sells the new owner might not take care
of it.
Councilman Rockoff stated he cannot visualize how a car-
port in front of a converted garage would look better than not
having one and he also feels granting this request will set a
precedent.
Upon a motion by Councilman Payne, application of Bruce
L. Dawson for a Modification of an R-1 (One Family Dwelling) Zone,
to construct a carport on that certain property commonly known as
3108 Pomona Street, was approved by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Barton, Means,
Councilmen Ratty, Rockoff,
None
Payne, Mayor Shell
Christensen (later changed to Aye)
Bakersfield, California, June 15, 1983 - Page 9
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.
City Attorney Oberholzer stated this matter will require
a Zoning Resolution, which requires four votes of the Council to
pass and the Mayor cannot vote on a resolution.
Councilman Christensen changed his vote to Aye.
This is the time set for public hearing before the
Council on an Appeal by Sequoia Engineering, Inc., to the decision
of the Board of Zoning Adjustment denying the application for a
Modification requested by Highland Real Estate Corporation to
permit the reduction of the required side yard setbacks from five
feet to three feet on all proposed lots within Tentative Subdivisic. n
Map No. 4624, in an R-1 (One Family Dwelling) Zone, on that certain
property located on the north side of Auburn Street, 155 feet west
of La Costa Street.
This hearing was duly advertised and the property owners
notified as required by law.
Mayor Shell declared the hearing open £or public partici-
pation.
Mr. Bob Smith, Civil Engineer for Sequoia Engineering,
Inc., stated they appealed the decision of the Board of Zoning
Adjustment because they do not like to grant Modifications on
entire tracts. There is an adjacent subdivision that had the
Modification granted that they are requesting. They have scaled a
good quality product and the development can be built with the
3 foot setback. The 5 foot setback, basically, comes from the
Building Code and Fire regulations and the Fire Department feels
the closer that you move to the setback the fire flow increases.
The Planning Department recommended approval of the request. They
feel this tract fits in with the adjacent tract and neighborhood.
Inga Olson, homeowner on La Costa Street, stated she feels
the 5 foot setback is rather small and if it is decreased to 3 foot
Bakersfield, California, June 15, 1983 - Page 10
it will look like a zoo. She does not want the value of her home
to decrease because of this tract.
Mr. Butch Boynton stated he constructed the adjacent
subdivision with the 3 foot side yard Modification and that is
what they are requesting on this Modification. In answer to a
question by Councilman Payne, the homes will be approximately
1,100 to 1,300 square feet and they have corrected the fire
situation. If they are able to construct homes in this manner, it
will be a nice home at a lower cost to the consumer.
In answer to a question by Councilman Christensen, Mr.
Jim Ward stated according to the Uniform Building Code the over-
hang cannot be 2 foot in a 3 foot side yard, because the side yard
can only be encroached by one-third. On the existing project the
overhangs are only i foot. In most cases there are not exit windows
on the side yard. The houses were oriented to a front-back
direction so the owner is looking to the rear yard and not the
side yard.
In answer to a question by Councilman Rockoff, Mr. Smith
stated the reason for the smaller lots is to provide the public
with an affordable home.
Mr. John Giumarra, Jr., President of Highland Real Estate
Corp., stated the property along La Costa Street, which adjoins this
property, was subdivided with the same size lots they are proposing.
The homes built there were very successfully marketed in an under
$80,000 price range. Homes in the general area, on the other side
of this project, were very unsuccessful. They were on a different
size lot with a different type package. Due to the success of the
development adjacent to this property it was decided to develop
this 20 acres into the same type package, namely, 43 foot lots
with homes selling at a price
home can be offered to a vast
attractive price.
between $75,000 to $79,000. This
segment of the community at a very
Bakersfield, California, June 15, 1983 - Page
No further protests or objections being received and no
one else wishing to speak in favor, Mayor Shell closed the public
portion of the hearing for Council deliberation and action.
Councilman Rockoff stated he felt that what is being
requested would invalidate the existing ordinance, because there
would not be a developer who would not be able to come to the Board
of Zoning Adjustment, Council, etc., and have their request granted.
As long as the ordinance stated 5 feet the Council should adhere to
it.
Councilman Barton stated he agrees with portions of
Councilman Rockoff's comments, however, there may be another far-
reaching problem that should be addressed and that is the incon-
sistency of this particular situation. The Board of Zoning Adjust-
ment can grant a Modification from a 5 foot to a 3 foot side yard
setback. It is unfair to people for government to keep changing
their minds.
After considerable discussion, upon a motion by Council-
man Rockoff, Appeal by Sequoia Engineering, Inc., to the decision
of the Board of Zoning Adjustment denying application of Highland
Real Estate Corporation for a Modification to permit the reduction
of the required side yard setbacks from five feet to three feet on
all proposed lots within Tentative Subdivision Map No. 4624, in an
R-1 (One Family Dwelling) Zone, on that certain property located
on the north side of Auburn Street, 155 feet west of La Costa Street,
was denied by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Christensen, Means
Noes: Councilmen Barton, Payne
Absent: None
This is the time set for public hearing before the
Council on an Appeal by Mary Moland to the decision of the Board
of Zoning Adjustment granting the application for a Modification
requested by Don F. Myers to permit the reduction of the required
Bakersfield, California, June 15, 1983 - Page
front yard setback for apartments from 15 feet to 12 feet and to
require eight off-street parking spaces with substandard widths in
a C-2 (Commercial) Zone, with the condition that one 300 gallon
refuse container by provided for each fourplex, on those certain
properties commonly known as 213, 215, 235, 237, 249, 323, 327, 331,
335, 345 and 351 Lakeview Avenue.
This hearing was duly advertised and the property owners
notified as required by law.
Mayor Shell declared the hearing open for public partici-
pation.
Mary ~oland stated she opposes the granting of the
Modification requested by Don F. Myers, along with 300 other com-
munity residents who signed a petition forwarded to the Board of
Zoning Adjustment, due to the following reasons:
1. The applicant was informed of this problem
when the first foundation was poured, yet
he continued to build at the site instead
of waiting for the public hearing. This
is a total disregard for the law and public
interest for the people in Census Tract 22,
known as Lakeview Avenue.
2. The applicant's apartment project does not
comply with current zoning laws and he
should not be entitled to any special
privileges.
3. The granting of this Modification will not
be in the best interest of the people of
the Lakeview Community.
Due to the fact that the rezoning issue of this area is scheduled
later in tonight's agenda, she stated she would hold her comments
until then.
Mayor Shell informed Mrs. ~oland that this is the
opportunity to be heard on this particular subject and she should
make her comments now.
Mayor Shell requested that the people present in the
audience who are in support of ~rs. Moland's appeal raise their
hands.
Bakersfield, California, June 15, 1983 - Page 13
Mr. Don Myers, applicant for the Modification, stated the
people present are confusing this Modification request with the
rezoning issue scheduled later this evening. He is requesting a
3 foot difference in the front yard setback and they are talking
about zoning C-2 property down to residential and that has nothing
to do with this Modification hearing. He stopped construction until
the results of this hearing are known.
Mr. Vernon Strong stated this appeal is due to an en-
croachment that took place a number of years ago, when Lakeview
Avenue was expanded from 60 feet to 80 feet. There are two lanes
going south and two lanes going north, plus a parking lane. During:
the time this subdivision was filed there was a reservation made
for a 125 foot street, which means that every property on Lakeview
Avenue encroaches into that setback. Every property with a building
on the east side of that street encroaches further into that ease-
ment than Mr. Myers' property. This is just
stop progress on Lakeview Avenue. There was
of the Council or City to expand that street
another attempt to
no intent on the part
to 125 feet when the
property was accepted. That would probably be as wide as California
Avenue and would not serve any purpose on Lakeview Avenue. Practically
every building erected in the last 25 to 30 years is in that setback.
There would be no purpose in penalizing Mr. Myers in this situation,
because his building will be setback further than any building on
the east side of that street.
Mr. Myers stated when this problem was discussed the
map in the Building Deparment indicated the property was 50' x 150',
the Public Works map indicated the property was 50' x 140' and
First American Title Company granted them title to a 50' x 145'
parcel of property. Somewhere down the line a few errors were made
and he is being penalized. Since that time it has been determined
that the actual size of the property is 50' x 140'. They need the
extra three feet, but if it does not happen that way he will
remove 3 feet from the buildings.
76
Bakersfield, California, June 15, 1983 - Page
Mr. Ralph Anthony stated the people present tonight in
favor of this appeal would like it held over until after the
General Plan Amendment hearing on Segment VII.
Councilman Rockoff stated he does not feel this matter
should be delayed because construction has been stopped until a
decision is made.
Mrs. Moland stated the ordinance calls for a 15 foot
setback and that is what the Counci~ should adhere to.
Mr. Ed ~yers, father of Don Myers, in answer to a question
by Councilman Rockoff, stated they took out four permits and every--
thing was checked and when they got out on the job it turned out
the lots were actually five feet shorter. Two foundations were
poured and two ready to be poured. The foundation has not been
poured on the eight lots, just the first four lots.
Mr. Ulysses Cole, 1318 Gorrill Street, stated when the
people erected their buildings on Lakeview Avenue they obtained
permits and now they want to cut them back three feet, and that
does not seem right to him.
No further protests or objections being received and no
one else wishing to speak in favor, Mayor Shell closed the public
portion of the hearing for Council deliberation and action.
Councilman Ratty made a motion that the Appeal by Mary
Moland to the decision of the Board of Zoning Adjustment granting
the application for a Modification requested by Don F. Myers to
permit the reduction of the required front yard setbacks for apart-
ments from 15 feet to 12 feet and to require 8 of£-street parking
spaces with substandard widths in a C-2 (Commercial) Zone, with
the condition that one 300 gallon refuse container be provided for
each fourplex, on those certain properties commonly known as 213,
215, 235, 237, 249, 323, 327, 331, 335, 345 and 351 Lakeview Avenue,
be denied and the Modification granted.
Councilman Rockoff stated he feels it was an honest
mistake on the four lots where the construction has been started,
Bakersfield, California, June 15, 1983 - Page 15
however, on the lots where no work has been done the developer
should be made to adhere to the code like everyone else.
City Attorney Oberholzer stated one fact that was pre-
sented to the Board of Zoning Adjustment that the Council does
not have before them this evening was the parking issue. There
was a request for a Modification to allow less parking than the
City's Code requires and the Board of Zoning Adjustment did not
grant that request and required that parking spaces required by
the Code be put in. If the full setback is required, then the
builder may not be able to meet the Code requirements with that
size of structure. The Board of Zoning Adjustment felt that
structure was beneficial to the neighborhood, if there was adequate
parking. If the structure is moved back 3 feet the parking will
be so tight he will not be able to get the required number of
spaces and the Board of Zoning Adjustment granted 8½ foot spaces
in order to meet the parking requirements.
Councilman Rockoff offered a substitute motion that the
decision of the Board of Zoning Adjustment be upheld on the four
lots that construction has commenced and reverse the decision of
the Board of Zoning Adjustment on the remaining undeveloped lots.
Mr. David Strong, Real Estate Agent, stated Mr. Myers
purchased these lots from him and at that time they measured 50' x
145', according to the title company. This is an attempt to harass
Mr. Myers by the group in the Lakeview area and mix it with the
zoning matter. It is a shame Mr. Myers will have to make his
buildings smaller just to satisfy a few people who are upset because
they are not and have not developed anything in this area. Nothing
has been done in that area for the last 40 years and ~r. ~yers is
spending his money to develop it. This is growth in this area and
he thought this is what everyone is looking for.
Councilman Christensen made a motion to open the public
portion of the hearing again. This motion failed to carry by the
Bakersfield, California, June 15, 1983 - Page 16
following
Ayes:
Noes:
Absent:
roll ~all vote:
Councilmen Christensen,
Councilmen Ratty, Payne,
None
Reverend W. S. Jackson,
~eans
Rockoff, Barton
for 40 years, taken out permits for the existing buildings and
cannot see why things have to be changed at this time.
Councilman Rockoff's substitute motion that the decision
of the Board of Zoning Adjustment be upheld on the four lots that
construction has commenced and reverse the decision of the Board
of Zoning Adjustment on the remaining updeveloped lots, failed to
carry by the following roll call vote:
Ayes: Councilman Rockoff
Noes: Councilmen Ratty, Payne, Barton, Christensen, Means
Absent: None
Councilman Ratty's motion that the Appeal by Mary
Moland to the decision of the Board of Zoning Adjustment granting
the application for a Modification requested by Don F. Myers to
permit the reduction of the required front yard setback for apart-
ments from 15 feet to 12 feet and to require 8 off-street parking
spaces with substandard widths in a C-2 (Commercial) Zone, with
the condition that one 300 gallon refuse container be provided for
each fourplex, on those certain properties commonly known as 213,
215, 235, 237, 249, 323, 327, 331, 335, 345 and 351 Lakeview Avenue,
be denied and the Modification granted, carried by the following
roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Christensen, Means,
Payne
Noes: None
Absent: None
Mayor Shell declared a brief recess at 9:25 P.M. and
reconvened the meeting at 9:30 P.M.
this area
stated he has lived in
Bakersfield, California, June 15, 1983 - Page 17
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:
THE KERN CITY GOLF COURSE (by LL~ &
Associates) has applied to change the
Open Space designation for approximately
6.1 acres to Low Density Residential for
2.7 acres and to Commercial for 3.4
acres located along Sundale Avenue near
Pebble Beach Drive.
Segment II:
DR. SAMI SROUR (by William Tuculet) has
applied to change the Low Density Resi-
dential designation (2-5 dwelling units
per gross acre) to Medium Density Resi-
dential designation (6-15 dwelling units
per gross acre) for 6.66 acres located
on the east side of Stine Road approxi-
mately 150 feet north of Pine Castle
Avenue.
Segment III:
THE CITY OF BAKERSFIELD has applied to
include and designate solid waste dis-
posal sites within the Open Space
designation for the Bakersfield Land-
fill (80 acres), located north of
Panorama Drive and the China Grade
Landfill (118 acres), located in
portions of Sections 1 and 12, Township
29 South, Range 28 East with access off
Alfred Harrell Highway.
Segment IV:
THE CITY OF BAKERSFIELD has applied to
change the Recreational Commercial
designation for approximately 100 acres
and the Open Space (Physical Constraints)
designation for approximately 90 acres
to Low Density Residential (2-5 dwelling
units per gross acre) and add approxi-
mately 53 acres of the Low Density
Residential designation in conformance
to City boundaries south of State High-
way 178 and east of Miramonte Drive
concerning the Rio Bravo Golf Course
and associated residential neighborhood.
Segment V:
THE CITY OF BAKERSFIELD has applied to
amend the density ranges (dwelling units
per gross acre) within the Low Density
Residential (2-5 dwelling units per
gross acre), Medium Density Residential
(6-15 dwelling units per gross acre),
and High Density Residential (16-45
dwelling units per gross acre), desig-
nations in order to conform more
closely with existing zoning densities.
Bakersfield, California, June 15, 1983 - Page 18
Segment VI:
THE CITY OF BAKERSFIELD has applied to
amend the Open Space (Physical Constraints)
designation to Low Density Residential
for approximately 80 acres located in
the general area north of Panorama Drive
on both sides of Fairfax Road and south
of future Paladino Drive.
Segment VII:
THE CITY OF BAKERSFIELD has applied to
amend the Medium Density Residential
(6-15 dwelling units per gross acre)
designation to Low Density Residential
(2-5 dwelling units per gross acre)
designation for approximately 120
acres and the Commercial designation
on approximately 20.6 acres to Low
Density Residential (1.4 acres), and
Medium Density Residential (19.2 acres),
for the Lakeview Neighborhood located
south of East California Avenue, east
of King Street, north of Brundage Lane
and west of the Southern Pacific Rail-
road.
This hearing has been duly advertised and the property
owners notified as required by law.
The Planning Commission recommended approval of the
Negative Declarations for Segments II, IV, V and VI, and recom-
mended approval of Segments II (with conditions), IV, V and VI.
The Planning Commission recommended denial of Segments
I and VII and Negative Declarations for Segments I and VII.
The Planning Commission, after a public hearing held on
May 5, 1983, recommended approval of a portion of Segment III and
the ~egative Declaration for Segment III.
Letters expressing opposition to Segment I have been
received from the following:
1. Delphine Szczepkowski, 917 Pebble Beach
Drive.
2. Kern City Civic Association, 1003 Pebble
Beach Drive.
3. Dr. & Mrs. Marco Bruschi, 5909 Cypress
Point Drive.
4. Olga B. Scott, resident of Kern City.
5. Arthur E. & Jean T. Masters, 6100 Bel Aire
Way.
~ayor Shell declared the hearing open for public partici-
pation on Segment I.
Bakersfield, California, June 15, 1983 - Page 19
Mr. Morris Melvin, owner of the Kern City Golf Course,
stated the total golf course, 136 acres, was all zoned R-1 when
they purchased the property a year and one-half ago. The north
side of the golf course, approximately one-half of the acreage,
was in the County at the time of purchase and the south side was
in the City. The residents voted to annex into the City and, at
that time, it was on the General Plan as Open Space because the
R-1 zoning did not meet the General Plan requirements. The Planning
Commission voted for Open Space in order to annex into the City,
which they did not oppose. They are requesting that one residential
area and a small commercial area be set aside from that zoning.
They do not oppose the rest of the golf course being left as Open
Space. When they purchased the golf course they intended to keep
it that way and make it a better facility. The areas they are
requesting are not part of the golf course and would not affect
any individual property owner. The deed restrictions specifically
state that the owners of the golf course cannot improve or build
any structure between their property and any portion of the golf
course. They are not asking to do that and have never requested
it. The area in question is adjacent to the community center,
which has no bearing on their individual property rights. The
petition that was circulated among the property owners that stated
that the fairways behind the people's homes were going to be sub-
divided is false. The owners published an article in the Kern City
Nev~letter stating that if
small areas they will not
Mr. Boyd Small,
they are granted these requested two
ask for anything in the future.
builder in Bakersfield and Kern City
resident, stated he has seen the plans of the Kern City Golf Course
owners and does not know of any instance where they will interfere
with anyone's view of the golf course from their homes.
Mr. Roger Jaedes, resident of Kern City and representing
Kern City Apartments, Inc., Southwest Apartments and 80% of Kern
Bakersfield, California, June 15, 1983 - Page 20
City residents, stated these groups oppose any change in the Kern
City Golf Course Open Space zoning. The Kern City Apartments,
Inc., is made up of 364 residential units in Kern City and on
April 5, 1983, at a specia~ meeting a motion was passed opposing
any use of the golf course other than for golf course purposes,
as originally agreed upon in the deed from Tenneco to the present
owners, as well as the original C.C. & R's of the original Tract
Map No. 2562. Ninety-eight percent of the Southwest Apartments
Condominium Association oppose any subdividing of the golf course.
Eighty percent of the Kern City residents signed a petition,
presented to the Planning Commission, containing 1,187 signatures,
opposing the proposed amendment to the General Plan in the vicinity
of Sundale Avenue and Pebble Beach Drive on the Kern City Golf
Course. A General Plan change from Open Space to Residential would
block views, create noise problems and dangerous traffic conditions:
in this retirement community.
Mr. Odie Hunter, resident of Kern City and representing
the Westside Homeowners Association, spoke in opposition to the
requested General Plan Amendment for the Kern City Golf Course.
Mr. Hunter outlined some of the restrictions contained in the
deeds and C.C. & R's.
Mr. John Wilson, Civil Engineer for LLM & Associates,
stated that Mr. Hunter is correct that Lots 229 and 305 are part
of the C.C. & R's, however, two-thirds of the area being discussed
is not covered by these restrictions. The lots that they would
like to develop are not in Tract No. 2562.
Delphine Szczepkowski, 917 Pebble Beach Drive, presented
the Council with a picture of the view from her patio and stated
one of the main reasons they decided to build in Kern City was
due to the view and felt everyone on Pebble Beach Drive would be
affected if this request is granted. Mrs. Szczepkowski urged the
Council to deny this requested General Plan Amendment.
Bakersfield, California, June 15, 1983 - Page 21
Mr. Joe Ducato, speaking in opposition to Segment I,
stated the new owners of the Kern City Golf Course knew what they
were getting into when they purchased the property. If this is
granted they will keep requesting more and more.
No further protests or objections being received and no
one else wishing to speak in favor, Mayor Shell closed the public
portion of the hearing on Segment I for Council deliberation and
action.
Councilman Payne suggested that the Kern City Golf course
owners and property owners try to work out some sort of compromise
that will be in the best interest of everyone concerned, because
he does not feel this is a dead issue.
Councilman Means made a motion of intent to deny the
Negative Declaration and Segment I.
~r. Wilson requested that the motion be divided and the
residential separated from the commercial portion of the request.
City Attorney Oberholzer stated the Council can grant or
deny any portion of the application.
Planning Director Sceales stated the golf course, pro
shop, restaurant, etc., would be permitted to stay as it is, how-
ever, any enlargement of the golf course or civic organization can
be done by Conditional Use Permit.
In answer to a question by Councilman Payne, ~r. Melvin
stated the intent of constructing the residential unit was to
generate sufficient funds to make improvements to the club house,
pro shop, golf course, etc., and without the added income it is
not feasible.
Councilman Means' motion of intent to deny the Negative
Declaration and Segment I, was approved by the following roll call
vote:
Ayes
Noes
Absent:
Councilmen Ratty, Rockoff,
Payne
None
None
Barton,
Christensen, Means,
84
Bakersfield, California, June 15, 1983 - Page 22
Mayor Shell declared a brief recess at 10:30 P.M. and
reconvened the meeting at 10:35 P.M.
~ayor Shell declared the hearing open for public partici--
pation on Segment II. 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.
Councilman Ratty made a motion of intent to approve the
Negative Declaration and Segment II, with conditions. This motion
was approved by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Ratty, Rockoff, Barton, Christensen, Means,
Payne
None
None
~ayor Shell declared the hearing open for public partici-
pation on Segment III.
Public Works Director Hawley stated Assembly Bills 3302
and 3433 require that cities and counties designate solid waste
facilities on the General Plan. The City has owned the Landfill
since 1943 and it has been operated by the County since 1975.
The Council is being requested to indicate this as a Landfill site
on the General Plan. The County facility was acquired many years
ago. The China Grade site was operated as a Landfill for some years
and whenever the County relocates the City's Landfill to this site
it will have to be designated on the General Plan as a Landfill
site.
Patricia Smith, 3908 Panorama Drive, stated they have
lived at this address since June, 1976. When they purchased the
house they knew the Landfill was directly north and were told it
would be closed in three years and that has proved to be false.
The City is in direct noncompliance with the E.I.R. adopted in
1975. There is a tremendous amount of dust, they can never
entertain outdoors at night due to odors, etc., they must keep
windows and doors closed due to noise at all hours, traffic
Bakersfield, California, June 15, 1983 - Page 23
conditions are dangerous and the debris from passing vehicles and
the Landfill is a tremendous problem. Mrs. Smith pointed out
several areas where she feels the City has not complied with the
E.I.R. and the danger of methane gas from the Landfill. ~rs. Smith
requested that the City fully comply with the E.I.R. and stop
using the Bakersfield Landfill.
Mr. Dennis Valdez, resident in 4600 Block o£ Panorama
Drive, stated he was also told, when he purchased his home, the
dump would be closed very soon. The City is growing and another
site should be found away from the City. The current site has
exhaused its use and should be closed. He also has the dust, odor,
noise, traffic and debris problems.
Mr. Steve West, resident of Bakersfield, stated he feels
the Landfill is a hazardous facility. The community held a meeting
to discuss mitigating measures that could be taken in order to
cooperate and work with the City on this matter. Some of the
matters discussed were:
1. The garbage not being covered everyday.
It takes 3 or 4 days before the refuse is
covered.
2. The gate on Panorama Drive is being left
open 90% of the time. A lot of traffic is
going in and out of that gate and it is
suppose to be used exclusively
its contractor's vehicles, not
public.
by City and
the general
3. The noise starts very early in the morning
and goes on until very late at night.
4. There is a drainage problem where sewer
water goes into the dump. There is a
holding pond attracting mosquitos, etc.
o
The exit to the dump is poorly maintained.
The fences are falling down, weeds are
taking over and garbage and debris are
always present.
The mitigating measures that the committee came up with are:
1. A realistic closing date be established for
the Landfill.
2. Restrict the level of the Landfill.
Bakersfield, California, June 15, 1983 - Page 24
3. Access to the Columbus Street-Panorama
Drive entrance to the Landfill be restricted.
4. Develop a plan now for a Landfill site after
it is closed.
Mr. Duncan Low, 4200 Boise Street, reviewed his investi-
gation regarding what is being done on the 1974 E.I.R. at the
present time. Mr. Low indicated he opposes the proposed General
Plan Amendment.
Mrs. Kay Clancy, 3808 Panorama Drive, stated she reviewed
the Kern County Solid Waste ~anagement Plan of August, 1982, and
the Councils in this County are not listening to citizens complaints.
This is the only ~unicipal Landfill in the County and it has one-
half of all the trash and garbage dumped there. They were also
told, when they purchased their home, that the Landfill would only
be open for another 2 years. The methane gas is very dangerous.
It is time for the Landfill to be used in a different manner.
~r. Terry Williams stated he lives directly behind the
dump and in direct line of the dust and odor. They are present
tonight trying to cooperate with the City and suggest several
options that can be taken to mitigate the problems. They want the
mess cleaned up and the noise abated.
Mr. Betdell Dickinson, 3904 Panorama Drive, stated they
object to the enlargement of the Landfill, because it will only
create problems for other people. If the Landfill is not permitted
to be enlarged there will be no cover dirt and it will have to
be abandoned. It is common knowledge the Landfill is operated
against the Health Code and when it was operated by the City the
garbage was covered everyday. The garbage is very seldom covered
now. They object to the way it is being operated and enlarging it
by another 40 acres.
Mr. Mark Smith, 3908 Panorama Drive, staked he feels
government is putting itself above the law. There are several
instances where the City of Bakersfield is in violation of the
Bakersfield, California, June 15, 1983 - Page 25
E.I.R. They are not covering the Landfill and it has been operated
4 years longer than the E.I.R. projected that it should be operated.
The level of the dump is much higher than it should be. It is
urged that the Landfill be moved to China Grade. Mr. Smith also
suggested than an E.I.R. be done on the effects of the methane gas.
No further protests or objections being received and no
one else wishing to speak in favor, Mayor Shell closed the public
portion of the hearing on ~egment III for Council deliberation and
action.
Councilman Christensen stated that it is imperative that
this problem be attacked and requested ideas from the staff to
solve this problem.
Public Works Director Hawley, with the aid of a map,
indicated the area presently brought up to the elevation of 750
feet. For several years the County has indicated their plans were
to continue working in that area until it was brought up to an
elevation of 750 feet and estimated they could remain in that area
until sometime in 1985. At the same time there were discussions on
if they continued further east they could remain until after 1985.
There is also the possibility that if they brought the elevation to
a grade above 750 feet the area could be used as a Landfill for
several years beyond 1985. Recently the County indicated that
September 15, 1983, they will be moving out. That means the City
has the option of moving or remaining at the present location. It
is recommended that the City retain the option of operating the
present Landfill. If for some reason, economically or otherwise,
that it does not work out to relocate to the China Grade site, or
somewhere else that might be selected, the present City site could
be used.
In meeting with residents of the area, a list of items
were discussed that, perhaps, could be mitigated. For example,
the Columbus Street-Panorama Drive access, keeping in mind the
Bakersfield, California, June 15, 1983 - Page 26
Landfill is presently being operated for all residents in the
metropolitan area, open to the general public and all types of
vehicles are using the Landfill and some of it is not covered.
It is suggested that it be operated only for City refuse trucks
and the City contractor's trucks. The general public would use
the China Grade site. The City wou~d then have more control of
the Landfill and access at Columbus Street-Panorama Drive could
be restricted. There would also be more control on the hours of
operation. In the County areas they do not have this restriction.
There would also be more control on the hours of work. Hours of
operation could be restricted from 8:00 A.M. to 6:00 P.M.
There was some discussion on a plan for developing the
Landfill. It is suggested that, perhaps, the City develop a long-
range plan for the Landfill development. It should be referred to
the Planning Commission and it may take a long time.
It is agreed that the appearance from Panorama Drive
needs to be dressed up, grading should be done and weeds abated.
After September, when the City has complete control, some things
can be done in that area.
The comment regarding retaining the ridges so the natural
ground is not disturbed or the view disturbed from the homes on the
east side, it is agreed the east side of the east ridge should not
be disturbed. tIowever, the discussion about not disturbing any of
the area east of where the Landfill is presently worked, really
means moving o£f the Landfill, because the only place where cover
material is available is from those ridges. In most cases by
retaining the easterly ridges they could accomplish what they are
requesting. As far as the ridge to the west, it will be necessary
to use it for cover material if it is to be operated as a Landfill.
These are the things than can be done as mitigation
measures.
the closing date and limit
The two areas where an agreement could not be reached are
on the height of the fill. The residents
Bakersfield, California, June 15, 1983 - Page 27
want a closing date very soon. If there is a closing date, then
there really is not an option to operate the Landfill. If there
is a ceiling of 750 feet the City could operate the Landfill for
approximately 4 or 5 years, but that would be it. He would not
recommend the closing date or a limit on the ceiling.
Councilman Rockoff stated this has been a serious problem
since this area developed and they moved there with the expectation
that the Landfill would have been closed by this time. The City,
obviously, wants to keep the dump open for economic reasons and
that is a very good reason, but not at the expense of people who
have lived with the problem for so long. If some agreement cannot
be reached, where the residents are satisfied that this will not
go on forever, at that point, he will make a motion against the
continued operation of the Landfill.
In answer to a question by Councilman Barton, Public
Works Director Hawley stated if the Landfill was closed on September
15, 1983, and the City started using the China Grade site it would
cost the City $117,000 annually. It is approximately l½ miles more
and it would cost approximately $80,000 per mile for the additional
hauling cost.
Mrs. Smith stated that the Public Works Director did not
address the methane gas problem and its dangers.
Director of Public Works Director Hawley stated there
are two different issues regarding the methane gas. One is the
methane recovery facility to recover the methane gas and use it as
fuel to generate steam, electricity, etc. The City has entered
into a contract with Cambrian Energy Systems and they are in their
preliminary studies, environmental assessment, permitting, etc.
It will take about one year to do the testing, finish the preliminary
work and begin the construction stage. The more immediate problem
has to do with the methane gas that might be escaping in the
vicinity of homes, particularly along Panorama Drive. About six
90 /
Bakersf±eld, Cal±fornia, June 15, 1983 - Page 28
weeks ago the City obtained authorization from the County to enter
that property to do something about a monitoring system. As soon
as the City obtained that authorization a meeting was held with
the firm that will do the recovery system. During this six week
period they have developed plans for a monitoring system. These
plans have been submitted to the State, County and City and this
past week approval of the system was obtained. This was sent to
the company in the last few days. They indicated, by telephone,
that work would start immediately. The City does not have an
exact date, but they indicated it would be immediately and it is
assumed within the~next few days there will be some construction
work. The construction work consists of drilling monitoring wells
along the north side of houses on Panorama Drive, adjacent to the
Landfill. They will drill a series of holes 20 to 40 feet deep,
place probes in the holes where any methane gas will rise and
samples can be taken. If there is methane gas in the samples they
will be required to construct a collection system so the gas can
be collected and disposed of by one means or another. Initially,
it will probably be flared. Eventually, if there is enough
quantity, it will be tied in with the recovery system.
Councilman Rockoff stated he would like a report as to
what degree the residents along Panorama Drive are being tested
for methane gas.
Public Works Director Hawley stated he would contact the
County Health Department to see what information they have and
review it with Councilman Rockoff.
During a very lengthy discussion, Mr. Tom Smith, 3908
Panorama Drive, stated he is not sure the residents can afford to
work out a solution to this problem with the Landfill with the
danger and threat they have from the methane gas.
Councilman Ratty stated the City has a problem and must
conform to the State law. The City has to have permits from the
91
Bakersfield, California, June 15, 1983 - Page 29
State to continue dumping at the Landfill, temporarily. He
suggested that Segment III be approved tonight, bring it back in
September, when it is determined what the City is doing and, at
that time, another hearing, etc., could be held.
After a very lengthy discussion, Councilman Ratty made
a motion of intent to approve the Negative Declaration and Segment
III, with the mitigating measures as previously stated by the
Public Works Director, and a hearing, that does not affect this
General Plan Amendment, be held in September on the Landfill site
with possible further mitigating measures. This motion was approved
by the following roll call vote:
Ayes: Councilmen Ratty, Barton, Christensen, Means, Payne
Noes: Councilman Rockoff
Absent: None
Mayor Shell declared a brief recess at 12:20 A.M. and
reconvened the meeting at 12:25 P.M.
Mayor Shell declared the hearing open for public partici-
pation on Segment IV. No protests or objections being received,
the public portion of the hearing was closed for Council deliberation
and action.
Councilman Rockoff made a motion of intent to approve the
Negative Declaration and Segment IV. This motion was approved by
the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Christensen, Means,
Payne
Noes: None
Absent: None
Mayor Shell declared the hearing open for public partici-
pation on Segment V. No protests or objections being received,
the public portion of the hearing was closed for Council deliberation
and action.
Councilman Ratty made a motion of intent to approve the
Negative Declaration and Segment V. This motion was approved by
Bakersfield, California, June 15, 1983 - Page 30
the following roll call vote:
Ayes Councilmen Ratty, Rockoff,
Payne
Noes None
Absent: None
Mayor Shell
pation on Segment VI.
Barton, Christensen, Means,
declared the hearing open for public partici-
No protests or objections being received,
the public portion of the hearing was closed for Council deliberation
and action.
In answer to a question by Councilman Rockoff, Planning
Director Sceales stated this action would not change anything that
is presently there. There is both R-1 and R-2 zoning on either side
of Fairfax Road and that will remain the same.
Councilman Rockoff made a motion of intent to approve
the Negative Declaration and Segment VI. This motion was approved
by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Christensen, Means,
Payne
Noes: None
Absent: None
Mayor Shell declared the hearing open for public partici-
pation on Segment VII.
Mr. Ralph Anthony stated the Planning Commission recom-
mended against the rezoning of Census Tract 22, after receiving
overwhelming objections to it from the people in the area. The
people of Census Tract 22 are in favor of the Revitalization Plan
with the exception of the rezoning portion. Mr. Anthony read a
letter received from Roland Woodruff, Attorney at Law, dated April
25, 1983. congratulating Mr. Anthony for his representation of the
property owners on the proposal and expressing the excellence of
the Lakeview Revitalization Strategy, with the exception of the
rezoning portion, which he felt is wrong and conceived for the
primary purpose of eliminating crime. The letter also suggested
Bakersfield, California, June 15, 1983 - Page 31
that a committee be formed comprised of four or five leaders of the.
community to sit down with City staff and members of the Planning
Commission to discuss this matter and work out a solution. Mr.
Anthony indicated that this has been done. Mr. Anthony requested
that the rezoning portion of the Revitalization Strategy be
deferred until a Councilman is elected for the First Ward to repre-
sent them.
Bobbie Larkin, owner of the B & M Mini Market and Pit
Stop located on the corner of Gorrill Street and Lakeview Avenue,
stated she is against the rezoning of the Lakeview Area. She has
done everything she can to upgrade Lakeview Avenue and wishes she
could do more. They need more homes, markets, shopping centers,
etc., but she is against this rezoning matter.
In answer to a question by Ms. Larkin, City Manager
Kelmar stated part of this concept is to try to create more viable
and economic commercial areas. The strategy proposes to put more
commercial on California Avenue and Brundage Lane, if the people
are interested in relocating. They would be assisted through the
City's Community Development Program in order to be able to move
to more viable locations.
Dorothy Hill, Secretary of the Sunset Neighborhood
Improvement District, expressed her opposition to the rezoning.
Rosetta Brown, resident of Census Tract 22, expressed her
opposition to the rezoning of her property from R-2 to R-1 and also
the Lakeview Area, because it will cause hardships for the people
of that neighborhood. Mrs. Brown stated one of the good things
that has come out of this matter is that the people are working
together to upgrade the area and make it a better place to live.
Mr. John S. McDaniels, owner of the Cotton Club Liquor
Store on Lakeview Avenue, stated he opposes the rezoning of the
Lakeview area and read in the newspaper that with one swipe of the
pen that all the bars, taverns and liquor stores on Lakeview Avenue
Bakersfield, California, June 15, 1983 - Page 32
can be closed. He does not want his liquor store closed. This
area needs a super market, drug store and shopping mall, which
will provide jobs for the people. His liquor store has been at
the same location for 28 years, does not want to move and would
like to leave it for his children.
City Manager Kelmar, in order to clear up a point, stated
no one will have to move or relocate unless they request it.
Gladys Briggs expressed her oppostion to rezoning her
mother's property located at 1300 Murdock Street, because she worked
very hard to provide this home for her children.
Gwen Howard, property owner in Census Tract 22, stated
if the rezoning is implemented it would have a definite effect on
her property and the neighborhood because a lot of the people do
not have transportation and have to walk to stores. If the City
passes this rezoning proposal it will eventually eradicate all
existing commercial outlets in the surrounding area. She proposed
that an alternate plan be drafted that is workable and will not
downgrade residents property. She has a store that has not opened
and plans to open it as soon as she obtains the funding, however,
this rezoning would change her property from C-1 to R-1.
Mr. Willie Ellis, resident of the area since 1956, ex-
pressed his opposition to the rezoning of the Lakeview area.
Mr. Curtis Johnson, property owner on Lakeview Avenue,
stated he is strictly against the rezoning of Lakeview Avenue,
because if a person has to apply for a Conditional Use Permit to
change their property it may not be approved. Mr. Johnson requested
that the Council uphold the decision of the Planning Commission and
deny the rezoning of Census Tract 22.
Mrs. Ruth Barnett stated the people of the Lakeview area
are present tonight to be heard and understood. It is more than
the rezoning issue. It is a matter of the people in the City
helping the people of the Lakeview area. The condition of the
Bakersfield, California, June 15, 1983 - Page 33
Lakeview area is a reflection that something is wrong and has been
wrong for a long time. It is more than the rezoning issue. There
is very little money in the area and there needs to be programs, as
in other cities, where money is allocated to property owners to
start and sustain businesses.
Mrs. Mary Moland, 1114 Potomac Avenue, spoke in opposition
to the rezoning of Census Tract 22. She does not want to be zoned
down, because she would like to build an apartment on her property
for her son who was disabled in the service, but will not be able
to if the zoning is changed. This area does not want to be zoned
down. The people are organizing and need more time to get this
area going.
Mr. Vernon Strong, former Councilman, stated he felt it
was germane to the issue for the Council to hear how much confusion,
misinformation and half-truths that exist out in this area. It was
very frustrating knowing there is very little he or the Council can
do about it, because it is pretty well orchestrated that that is
the way it should be. He is present because he believes in South-
east Bakersfield and what is right. The Council must know, at this
point, that all of this is intended to intimidate the Council. He
delayed his resignation from the Council as long as possible because
he wanted, very much, to vote on this issue. He does not want to
and he knows the Council does not want to take anyone's property.
The Council is the ultimate authority in the City with respect to
who does what with property and what it is used for. He knows that,
but the people in the audience do not know that. There has not been
any new construction in the last l0 to 15 years and no major con-
struction in the last 20 years in this area. He wished there was
some way to allay the fears of these people and he knows how hard
they have to struggle. It does not matter how many meetings the
Council and staff attends or how many attempts are made to do some-
thing on a one-to-one basis, it will not be successful because
Bakersfield, California, June 15, 1983 - Page 34
someone has an ultimate objective in mind, and that is to keep
coming to the Council with crowds such as this. People really do
not understand what the Council is all about. They take that mis-
understanding and use it to try to intimidate the Council into
doing whatever the Council does for that area through them. That
is their ultimate objective. Whatever the controversy is they
will take the other side of the issue. They talk about community
involvement, going to the people and letting them decide, but the
people do not decide for them. Mr. Strong stated he has a business
just outside Census Tract 22 and owns property in Census Tract 22.
Some of these people do not live, own property or have any interest
in this area. Their interest is in doing exactly what they are
doing, causing confusion and controversy, until it is decided to
give them something so they can give it to the community and that
is what their objective is. The plan before the Council tonight
was conceived and put together by a black person who is conscientious,
had formal training in urban development and planning and is
interested in seeing a better Bakersfield. It is hoped the Council
has the courage to adopt this General Plan Amendment.
Mr. Herb A. Bias, property owner on the corner of Lake-
view Avenue and 9th Street, stated the reason he is against the
rezoning of Census Tract is because his property is now zoned C-2
and it was bought for the purpose of putting a business on it and
he would have to come back to the Council to get permission to use
it for a business. The majority of the people in this area are
against the rezoning.
Mayor Shell declared a brief recess to change the tape
on the recording equipment at 1:40 A.M. and reconvened the meeting
at 1:45 A.M.
Juliette McCullough, property owner in the area, stated
they are not ready for rezoning as yet.
Eustes Cason stated he thinks the reason for the confusion
is the effort has not been made to give the community a proper
Bakersfield, California, June 15, 1983 - Page 35
understanding of what this matter is all about and that is why the
zoning should be held off.
W. D. Peppers stated just the rumor of down zoning has
killed his business and he has had to let six people go. He felt
it was a lack of communication due to the fact that they have no
representation on the Council.
Mr. Marvin Dean, representing his family who are property
owners, stated they are contractors and a major employer in this
area. They agree with the majority of the items in the plan, how-
ever, their main opposition is to the rezoning issue. With current
zoning on Brundage Lane and California Avenue the City could go
forward with redevelopment and put in a shopping center in the area.
In order to eliminate the concentration of bars and deal with crime
problems in the Lakeview area, rezoning is not the proper way. That
can be dealt with through City ordinances and other things. The
Katz-Hollis Report supports the position they originally took when
they came to the Council requesting that the area be declared a
redevelopment project area. Mr. Dean requested that a hold be put
on the rezoning issue until a representative is elected in the First
Ward. During the interim period the people of that community can
work with staff to come up with something concrete that everyone
agrees with.
City Manager Kelmar stated that staff never told them
the City could move forward with the strategy without the rezoning.
Yvonne Hamilton, Property Manager for her mother who owns
property in Census Tract 22, spoke in opposition to the rezoning of
this area and read an excerpt from a book entitled "Black Economic
Development" written by the American Assembly of Community Develop-
ment.
Wilma Arnold, representing her father who is a property
owner in the Lakeview area, stated they are definitely against down
zoning.
Bakersfield, California, June 15, 1983 - Page 36
Reverend Robert L. Bonner, former City employee and
property owner in the Lakeview area, stated they do not want re-
zoning and he felt another solution could be worked out.
No further protests or objections being received and no
one else wishing to speak in favor, Mayor Shell closed the public
portion of the hearing on Segment VII for Council deliberation and
action.
Councilman Christensen stated critical problems were
discussed tonight. The First Ward does not have an active repre-
sentative at this time and there is no need to rush into anything
at this time, so he would make a motion that the decision on Segmenl;
VII of the General Plan Amendment be tabled until after the election
on November 8, 1983. During that time maybe this community can
deal, in great specificity, and come up with tangible reasons that
are workable so they can get someplace.
City Attorney Oberholzer stated it might be possible to
continue this matter to a time certain, however, there has been
discussion, this evening, about making a compromise or working out
something else. If the Council wants to take that action it would
probably be easier to deny Segment VII and let it be processed
again by staff at a later date.
Mayor Shell stated evidently the motion to table is not
a proper motion.
Councilman Ratty stated there has been talk tonight that
staff has not been in contact with the community as much as they
should and he feels staff has gone a long way to try to explain
the City's position. They have bent over backwards to try to
explain it to everyone. There are political problems out there.
They had a representative on the Council and they did not like his
representation and that is the problem. Mr. Dean and Mr. Anthony
should have done a better job of explaining the situation to the
people and that is one of the real problems. The strategy is good
and it will be helpful.
Bakersfield, California, June 15, 1983 - Page 37
Councilman Ratty made a motion to adopt a resolution
approving the Negative Declaration and Segment VII of the proposed
amendment to the Land Use Element of the Bakersfield Metropolitan
Area General Plan.
Councilman Means stated he cannot support the motion
because it is true that this Council would never down zone any
other area. He feels it is incorrect that changing the commercial
property to residential would increase the value of the property.
It is a political issue, there is a lot of confusion and the com-
munity and City has the responsibility for that confusion, in spite
of the best efforts on the part of the City. Without a Councilman
representing that area it is very difficult to pull those residents
together. An election is coming up and it is an issue that will
probably be used or misused and that is up to whoever will be
running in that Ward. If he is re-elected, as the representative
of the 5th Ward, he will support whatever the Councilman of the
1st Ward says. The people should get behind the person they elect
to represent them. It is unfortunate that Councilman Strong resigned
when he did and he cannot understand what will be lost by waiting
until after the November election.
Upon a motion by Councilman Ratty, Resolution No. 77-83
of the Council of the City of Bakersfield making findings, approving
Negative Declaration and approving Segment VII of proposed amendment
to the Land Use Element of the Bakersfield Metropolitan Area Genera~
Plan (Land Use Amendment 1-83), was adopted by the £ollowing roll
call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Payne
Noes: Councilmen Christensen, Means
Absent: None
Upon a motion by Councilman Barton, Resolution No. 78-83
of the Council of the City of Bakersfield making findings, denying
Negative Declaration and denying approval of Segment I of proposed
100
Bakersfield, California, June 15, 1983 - Page 38
amendment to the Land Use Element of the Bakersfield Metropolitan
Area General Plan (Land Use Amendment 1-83), was adopted by the
following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Christensen, Means,
Payne
Noes: None
Absent: None
Upon a motion by Councilman Barton, Resolution No. 79-83
of the Council of the City of Bakersfield making findings, adoptin~
Negative Declaration and conditionally approving Segment II of
proposed amendment to the Land Use Element of the Bakersfield
Metropolitan Area General Plan (Land Use Amendment 1-83), was
adopted by the following roll call vote:
Ayes Councilmen Ratty, Rockoff, Barton, Christensen, Means,
Payne
Noes None
Absent: None
Upon a motion by Councilman Means, Resolution No. 80-83
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and approving Segment III, with mitigation
measures, of proposed amendment to the Land Use Element of the
Bakersfield Metropolitan Area General Plan (Land Use Amendment
1-83), was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Barton, Christensen, Means, Payne
Noes: Councilman Rockoff
Absent: None
Upon a motion by Councilman Payne, Resolution No. 81-83
of 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 1-83), was adopted by the following roll
call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Christensen, Means,
Payne
Noes: None
Absent: None
Bakersfield, California, June 15, 1983 - Page 39
Upon a motion by Councilman Barton, Resolution No. 82-83
of the Council of the City of Bakersfield making findings, adoptin~
Negative Declaration and approving Segment V of proposed amendment
to the Land Use Element of the Bakersfield Metropolitan Area General
Plan (Land Use Amendment 1-83), was adopted by the following roll
call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Christensen, Means,
Payne
Noes: None
Absent: None
Upon a motion by Councilman Payne, Resolution No. 83-83
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and approving Segment VI of proposed amendment
to the Land Use Element of the Bakersfield Metropolitan Area General
Plan (Land Use Amendment 1-83), was adopted by the following roll
call vote:
Ayes Councilmen Ratty, Rockoff, Barton, Christensen, Means,
Payne
Noes
Absent:
Council,
adjourned
None
None
There
upon a motion by
at 2:35 A.M.
ADJOURNMENT
being no further business to come
Councilman Christensen,
before the
the meeting was
MAYOR of~ City oi~ Bakersfield,
ATTEST:
~'L~.__
CITY CLERK and Ex/Officio Clerk of the Council
of the City of Bakersfield, California
ma
Calif.
Bakersfield, California, June 22, 1983
,~u~ u~ a ~ugu±~r ~ City
m~c±~g oz 5ne Council of the
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 P.M., June 22, 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 Rockoff, Barton, Christensen,
Payne, Ratty
Absent: Councilman Means
Minutes of the regular meeting of June 8, 1983, were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. John Diatte, 2727 "F" Street, requested the Council's
consent, under the Bond Program Agreement, to allow Bussco
Engineering, Inc., to take an assignment of the Kress Building
Associates. They will be an investor and provide the additional
funds necessary to rehabilitate the Kress Building.
City Manager Kelmar stated, originally, the Council
granted authorization for an Inducement Resolution for the rehabili-
tation of the Kress Building. Subsequent to that period of time
the Bonds, apparently, have been sold and the building has been
sold to other investors. Apparently, the Bond Counsel feels the
City's consent is needed to transfer its consent to the new investcrs
in the building. When the matter was brought to his attention there
were concerns about the firms ability to carry out the program.
After talking to one of the firm's officials, and reviewing their
audited financial statements, he is satisfied that they have the
financial ability to complete the program. It should be noted they
have already put half of the funds necessary in escrow.
Councilman Rockoff stated he felt this matter should be
referred to the Budget Review and Finance Committee for a report.
Bakersfield, Cal±fornia, June 22, 1983 - Page 2
In answer to a question by Councilman Payne regarding
the time factor, Mr. Diatte stated escrow was suppose to close
last week, however, Bond Counsel informed them they had to obtain
the consent of all parties and that is all that is holding it up.
In answer to a question by Councilman Payne, City Manager
Kelmar stated that it would be appropriate to assign the bonds
tonight. The Bank of America and Security Pacific National Bank,
as Trustee, also have to approve it. Council approval can be
given on the stipulation that all entities involved give their
consent.
Councilman Rockoff made a motion that the matter of the
Council's consent, under the Bond Program Agreement, to allow
Bussco Engineering, Inc., to take an assignment of the Kress
Building Associates, be referred to the Budget Review and Finance
Committee for a report back to the Council at the meeting of July
6, 1983.
Mayor Shell stated Councilman Ratty is absent from the
podium due to a real or imaginary conflict of interest.
Councilman Payne offered a substitute motion that Lhe
matter of the Council's consent, under the Bond Program Agreement,
to allow Bussco Engineering, Inc., to take an assignment of the
Kress Building Associates, be approved. After discussion this
motion carried by the following roll call vote:
Ayes: Councilmen Barton, Payne, Mayor Shell
Noes: Councilmen Rockoff, Christensen
Absent: Councilman Means
Abstaining: Councilman Ratty
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.
Mr. Roger McCabe, 1301 Pacific Street, stated he appeared
before the Council two weeks ago regarding his application for a
Home Occupation Permit and requested a status report on the matter.
104
Bakersfield, California, June 22, 1983 - Page 3
He also requested clarification from the City Attorney on Item 10
listed on the Home Occupation Permit application.
City Manager Kelmar stated Mr. McCabe's requests were
referred to the Budget Review and Finance Committee and a report
will be made at the meeting of July 6, 1983.
City Attorney Oberholzer stated Item 10 on the Home
Occupation Permit application is the issue the Committee is
addressing, the Fire Chief will be recommending some changes and
the report should be before the Council in two weeks.
Mr. McCabe requested a report on the investigation
requested by Councilman Christensen regarding the 375 Home Occupation
Permits issued since September 15, 1982.
Director of Fire and Development Services Needham stated
staff investigated approximately 370 of the Permits issued since
September 23, 1982. The investigation was made by telephone,
because there was not enough time or staff to conduct field investi-
gations. Six were not conforming to the ordinance and were for
manufacturing purposes and not for telephone use only. The problem
was a lot of the applications did not make it clear whether it was
for telephone use only and most were.
Mr. McCabe stated the Home Occupation Permit application
states "there shall be no processing or manufacturing," and that
is why he requested a legal definition.
City Attorney Oberholzer stated it is not customary for
a person to come to the Council
If they have specific questions
Office and get an explanation.
for interpretation o£ an ordinance.
they can contact the City Attorney's
Mr. McCabe stated Ordinance No. 2845 regarding Street
Vendors has put many people out of business. Many do not under-
stand why the exemptions were granted and, on behalf of the Street
Vendors, the Council is requested to reconsider the ordinance.
Bakersfield, California, June 22, 1983 - Page 4
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from Bakersfield Symphony Orchestra, dated June 13, 1983, thanking
the City for the $3,500 grant during the 1982-83 season and re-
questing financial support, in the amount of $10,000 for their
1983-84 season, was received and referred to the Auditorium-
Recreation Committee for study and recommendation.
Upon a motion by Councilman Payne, communication from
the California Association of the Physically Handicapped, Inc.,
Kern Chapter 33, dated June 14, 1983, regarding the air-conditioning
units on the Get-A-Lift mini buses, was received and referred to
staff.
Upon a motion by Councilman Christensen, communication
from Melton and Cristina McClanahan, 3220 Lotus Lane, dated June
16, 1983, requesting a Bond Inducement Resolution for construction
of 20 units of family housing in Southeast Bakersfield, was received
and referred to the Budget Review and Finance Committee.
Upon a motion by Councilman Ratty, communication from
the California Regional Water Quality Control Board-Central Valley
Region, 3201 "S" Street, Sacramento, California, dated June 20,
1983, regarding investigation of hazardous material storage in
underground tanks, was received and referred to the Water and City
Growth Committee.
Upon a motion by Councilman Rockoff, communication from
Mayor Paul E. Zeltner, City of Lakewood, California, dated June 21,
1983, regarding S.66 Fan Out Network Report, was received and
referred to the Budget Review and Finance Committee.
Upon a motion by Councilman Christensen, communication
from the Downtown Business Association, dated June 23, 1983, re-
garding Rehabilitation of Brower Building located at the corner of
19th and Eye Streets, was received and referred to the Budget Review
and Finance Committee. Councilman Ratty abstained from voting on
this matter due to a real or imaginary conflict of interest.
Bakersfield, California, June 22, 1983 - Page 5
COUNCIL STATEMENTS
Upon a motion by Councilman Rockoff, Mr. Robert T. Spawn.
113 Portales Real, was approved as his appointee to the Historic
Preservation Commission.
Councilman Rockoff thanked staff for the rapid response
regarding the methane gas problem in the area surrounding the
Landfill. The Health Department examined nine homes and no com-
bustible gas was found on the premises. Councilman Rockoff asked
if more homes would be examined by the Health Department and if
it would be an ongoing procedure until the testing is completed
by Cambrian Energy Systems.
Public Works Director Hawley stated it would be an on-
going program and the Council would be updated regarding the test
results.
Councilman Christensen stated he received a letter from
Dr. Jess Diamond, 3512 Panorama Drive, threatening a suit if methane
gas causes damage to his property or injury to family or friends,
and asked if the program is being pursued at a steady pace.
Public Works Director Hawley stated i~ is on schedule
and there should be activity up there very soon.
REPORTS
Councilman Rockoff, Chairman of the Budget Revie~ and
Finance Committee, read Report No. 18-83 regarding New Construction
Proposal for Affordable Housing in Census Tract 22, as follows:
Mr. Frank Reina of Alpha Construction desires
to purchase one of the lots acquired by the City
under its New Construction. Incentives Program.
He plans to construct a three bedroom duplex
that will be available for rent to low and
moderate income families.
He proposes to purchase the lot for $6,000
which will be paid to the City upon the com-
pletion of construction. No other assistance
will be required.
This request is consistent with the New Con-
struction Incentives Program and it is recom-
mended that the Council approve Mr. Reina's
request and authorize the staff to prepare the
necessary agreements to be executed by the Mayor.
I O7
Bakersfield, California, June 22, 1983 - Page 6
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 18-83 regarding New Construction
Proposal for Affordable ttousing in Census Tract 22, was accepted;
request of Frank Reina of Alpha Construction to purchase one of
the lots acquired by the City under its New Construction Incentives
Program, was approved and staff was authorized to prepare the
necessary agreements.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 19-83 regarding Federal Cable
Communications Bill, as follows:
On June 15, 1983, the City Council received a
communication from Mayor Zeltner of Lakewood,
California. The correspondence requested the
City of Bakersfield take a position of opposing
Federal Legislation with regards to cable tele-
vision franchises unless the legislation
contained certain amendments.
This Committee has met to review the request of
Mayor Zeltner, including two suggested amend-
ments to the Federal Legislation. In addition
to the Mayor's recommendations, we reviewed
proposed amendments as suggested by the League
of California Cities.
Pursuant to our discussions, we recommend the
City Council direct the City Attorney to
prepare a resolution indicating the City going
on record as opposing any Federal Legislation
which would take away local control. This
resolution should be forwarded to our repre-
sentatives in Washington. We further recommend
the City Council authorize the completion and
return of the form reflecting our desire to
join the informal "S.66 Network," which will
keep us informed of the latest developments
regarding legislation on cable franchises.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 19-83 regarding Federal Cable Com-
munications Bill, was accepted; and authorization granted to
complete and return the form reflecting the Council's desire to
join the informal "S.66 Network," which will keep the City informed
of the latest developments regarding legislation on Cable Franchises.
Adoption of Resolution No. 84-83 of
the Council of the City of Bakers-
field opposing any Federal Legislation
to diminish Local Control of Cable
Television.
Bakersfield, California, June 22, 1983 - Page 7
Upon a motion by Councilman Rockoff, Resolution No. 84-83
of the Council of the City of Bakersfield opposing any Federal
Legislation to diminish Local Control of Cable Television, was
adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Christensen, Payne, Ratty
Noes: None
Absent: Councilman Means
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 8-83 regarding Cost Factors
for Safety Employees 2% at Age 50 Retirement Plan, as follows:
The Public Employees' Retirement System (PERS)
regulations require the publication of cost
information upon the adoption of retirement
plan options. As the Council knows, a retire-
ment change was adopted as a part of the
recently concluded negotiations with safety
employees, which resulted in an 18-month
contract commencing July l, 1983.
Under these contracts, the following will take
place:
A 2% at age 50 retirement plan will be
implemented effective October 3, 1983.
o
The City will contribute an additional
$12.00 monthly toward medical insurance,
effective July l, 1983, with an additional
$12.00 monthly effective July 1, 1984.
Newly hired employees will receive a 5%
decrease in the employees contribution
toward retirement for their first six (6)
years of service.
4o
Existing employees will receive no salary
increase during the 18 months of these
contracts.
The gross cost of adoption of the 2% at age 50
retirement plan is as follows:
Rate without any changes is 23.168% of gross
compensation for safety employees.
2. Rate with 2% at age 50 plan will be 31.295%
of gross compensation for safety employees.
The difference in cost between the present
plan and the agreed-to new plan is 8.127%.
Based on $10,373,900 gross compensation
£or safety employees, the newly adopted 2%
at age 50 plan will result in an annual
increase of $843,086.
Bakersfield, Cal±forn±a, June 22, 1~83 - Page
Through the negotiating process the net cost
to the City will be less than 4% on an annual
basis.
These cost figures are for the public's infor-
mation and no Council action is required at
this time.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 8-83 regarding Cost Factors for
Safety Employees 2% at Age 50 Retirement Plan, was accepted.
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 2-83 regarding Debris in the
Vicinity of the Civic Auditorium, as follows:
Recently the City Council received correspondence
from several concerned property owners in the
immediate vicinity of the Civic Auditorium.
The correspondence addressed the problem of
debris in the form of food wrappers, soft
drinks and alcoholic bottles and cans, and
various other trash left in parking areas,
flower beds, etc. The City Council referred
the matter to the Auditorium-Recreation Com-
mittee for study and recommendation.
We have met with members of City staff to
review and discuss the problem, including
suggestions and recommendations on how the
problem may be corrected. We noted that cer-
gain events in the Auditorium cause crowds to
develop outside the Auditorium as much as
several hours prior to the performance. These
crowds frequently consume food and beverages
resulting in the litter problem addressed by
the concerned property owners.
We believe the employment of casual labor to
clean up litter the day after certain events
is the appropriate solution to the problem.
In order to defray the cost of the casual
labor, a cleaning fee should be added to the
rent, etc., being charged for the use of the
Auditorium.
Therefore, this Committee recommends the City
Council approve a cleaning fee of $100 for the
use of the Civic Auditorium and direct the
City Attorney to prepare the appropriate
resolution, establishing the fee, for approval
by the City Council. We further recommend the
City Council authorize the Auditorium Manager
to impose the fee for specific events where
appropriate.
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 2-83 regarding Debris in the
Bakersfield, California, June 22, 1983 - Page 9
Vicinity of the Civic Auditorium, was accepted; cleaning fee of
$100.00 for use of the Civic Auditorium, was approved and the
City Attorney was directed to prepare the appropriate resolution
for approval by the City Council establishing the fee; and the
Auditorium Manager was authorized to impose the fee for specific
events, were appropriate.
City Manager Kelmar presented a report regarding Proposed
Ordinance Re: Conditional Use Permit - Major Retail, as follows:
There are large areas of vacant commercially
and industrially zoned properties in the City
which may, at present, be developed without
any discretionary review process or environ-
mental analysis and which have the potential
to severly impact traffic circulation and
other municipal service systems, if developed
with large retail projects. Recent studies by
Kern COG of the metropolitan traffic circula-
tion system project future traffic demands far
in excess of the City's short term ability to
satisfy them. Impacts on other service systems
are not as well analyzed. Effects of single
large projects would be most serious in the
immediate vicinity of such developments, but
would also be detrimental to systems as a whole.
Most recent projects, which have been proposed,
like Brock's eastside shopping center and other
shopping centers utilizing Planned Commercial
Development Zones, have had extensive reviews
which resulted in identification of problems
and lead to solutions and responsibilities for
solving them. The Redevelopment Agency has
ordered environmental reviews of the Truxtun
Galleria and proposed Downtown Redevelopment
Plan to consider their possible impacts and
mitigation of them.
Some sites zoned to allow unrestricted com-
mercial development and which serve to
illustrate the concern are the following:
Site
Approximate Size
State Highway 178 and
Alfred Harrell Highway
170 Acres
State Highway 178 and
Morning Drive 60 Acres
Pierce Road Area
130 Acres
Ming Avenue south of Cal-
State Bakersfield
40 Acres
Wible Road between Ming
Avenue and Wilson Road 15 Acres
Bakersfield, California, June 22, 1983 - Page 10
Site
Approximate Size
White Lane and South "H"
Street
115 Acres
Planz Road and Union Avenue
20 Acres
At this time, a person with property in com-
mercial or industrial zones would have to
obtain site plan approval and building permits
from the City to develop a shopping center.
These are not discretionary and must be granted
if the plans comply with codes and policies of
the City generally applicable to any commercial
building. There is no obligation for the
developer to participate in the costs of off-
site improvements or to mitigate other general
impacts imposed on service systems. Smaller,
incremental development can be accommodated in
the normal course of growth.
There should be a process by which conditions
can be placed on large retail developments so
that they:
1. Pick up their fair share of costs;
2. Can be reviewed for compatibility with
surrounding development;
3. Can be better integrated into service
systems.
The Conditional Use Permit process is readily
available for such purposes. It is proposed
that Conditional Use Permits be required from
the City Council for:
Any single retail store or business with a
total gross floor area of more than 75,000
square feet.
o
Any retail shopping center with a gross
floor area of more than 100,000 square
feet.
Any addition to an existing retail shopping
center with a gross floor area of more than
100,000 square feet increasing the total
gross floor area by more than twenty percent
(20%) or by more than 75,000 square feet.
If the Council feels this has merit, the matter
should be referred to the Planning Commission
for their consideration, hearing, and recom-
mendation.
Mr. Tom Fallgatter, Attorney representing Valley Plaza,
stated he is aware of the City's concern regarding downtown
development. Valley Plaza is well on its way in negotiating an
agreement with Penney's Department Store. The store Penney's is
considering for Valley Plaza would be large enough to be impacted
Bakersfield, California, June 22, 1983 - Page
by the ordinance the Council is proposing to send to the Planning
Commission for consideration. lie is present to express concerns
and obtain clarification. Valley Plaza is not concerned with the
development of good planning tools or an ordinance that would be
fairly and equitably administered with regard to any retail
developments in the Greater Bakersfield Area. They are concerned
if the ordinance is an attempt to discourage or inhibit retail
development in any area but Downtown Bakersfield. They do not
believe that is the purpose of the ordinance and that is what Mr.
Kelmar indicated in the article in this morning's newspaper.
They are directly concerned with the chilling effect that the
proposed ordinance may have on their negotiations with J. C. Penney
Company and they do not want them to misunderstand the purpose of
this ordinance. His clients are requesting that, whatever
instructions or recommendations that are made to the Planning
Commission, it is made clear to them that the Council is looking
for an ordinance that will be strictly a planning tool to develop
methods of identifying and dealing with the impact of future major
retail development and not an ordinance that would inhibit or dis-
courage such retail development.
In answer to a question by Councilman Christensen, City
Manager Kelmar stated several years ago, when the downtown mall
was being discussed, Penney's expressed a desire to have a full-
line department store in Bakersfield and they felt they were losing
business by not having that type store.
Councilman Payne assured Mr. Fallgatter and his clients
that the recommendations in the City Manager's report to the
Planning Commission are exactly what they appear to be and nothing
more. The report does not contain suttle hints, directions or
suggestions to obstruct,
or discourage potential
the Valley Plaza ~all.
delay or prevent his clients, anyone else
tenants from locating at, near or within
The Council's recommendations to the
Bakersfield, California, June 22, 1983 - Page 12
Planning Commission should make it clear that their recommendations
back to the Council are to only address the concerns outlined in
the report.
In answer to a question by Mayor Shell, City Manager
Kelmar stated there are a namber of properties that are presently
zoned in such a manner that they could simply go through a Site
Plan Review and Building Permit process, and as long as they
complied with all the laws, the City would not have the ability
to review the project and the impact on City services. A lot of
the new areas that have come into the City, that have potential
sites, are zoned Planned Commercial Development, whereby, the City
can review plans and the impact and place controls on it. The
areas being discussed in the repor. t were zoned previously and,
if developed, could have a serious impact on City services.
Upon a motion by Councilman Ratty, Report from the City
Manager regarding Proposed Ordinance Re: Conditional Use Permit -
Major Retail, was accepted and the matter referred to the Planning
Commission for study, hearing and recommendation.
City Manager Kelmar presented a report regarding P.E.R.S.
Payment for Holiday and Uniform Allowances, as follows:
In November, 1982, the Public Employees Retire-
ment System (P.E.R.S.), notified the City of
Bakersfield that in accordance with the court
decision of Rose v. City of Hayward, P.E.R.S.
was requiring that all employers retroactively
adjust payroll earnings for holiday pay and
uniform allowances for retirement purposes on
all current employees back to December 18, 1981.
Also, retroactively adjust all retired employees
earnings either three years or one year prior
to retirement depending on the date of retire-
ment.
The Finance Department has researched the cost
to the City for this change in retirement com-
pensation for all current employees and retired
employees through the month of May, but the
actual figure due P.E.R.S. is not available due
to safety holiday payoffs upcoming in June that
will require a retirement expenditure from the
City. However, by using estimates for the
safety holiday payoff, the total amount owed to
P.E.R.S. for current and retired employees will
Bakersfield, California, June 22, 1983 - Page 13
amount to approximately $310,000.00. This pay-
ment is due P.E.R.S. on June 30, 1983.
Since the notification from P.E.R.S. came well
after 1982-83 budget was adopted, there are no
appropriations in the current City budget for
this P.E.R.S. expenditure and the City Council
should take some formal action to appropriate
funds, possibly from their Council Contingency
Account to the appropriate retirement accounts.
Upon a motion by Councilman Rockoff, Report from the
City Manager regarding P.E.R.S. Payment for Holiday and Uniform
Allowances, was accepted; and Budget Transfer, in the amount of
$310,000, from the Council Contingency Account No. 11-76100-512
to the appropriate retirement accounts for payment to the Public
Employees' Retirement System (P.E.R.S.), was approved.
Public Works Director Hawley reported he received a copy
of the California Transportation Commission's staff recommendations
for projects to be included in the 1983 Improvement Program on
State Highways in Kern County. One project the staff is not recom-
mending for funding is the widening of the Planz Road Overcrossing
at Freeway 99. In addition, the staff recommendation included
interim guidelines on cost sharing for highway grade separations,
which, if adopted, means that the Planz Road Project would not be
eligible for State funding in the future. The proposed guidelines
would shift the responsibility for widening grade separations to
the local agency. On June 30, 1983, the California Transportation
Commission will consider the proposed guidelines and staff recom-
mendations for the projects to be funded. Since the Planz Road
Project has been backed by the Council for a number of years and
in previous years the State indicated it a desirable project, but
have not had the funds, and it appears they might have the funds in
the near future, the Council might consider adopting a resolution
which would re-emphasize support of the project. It is also
recommended that someone from the Council, staff or Kern COG appear
before the California Transportation Commission, on June 30th, in
support of the State participating in the project.
i15
Bakersfield, California, June 22, 1983 - Page 14
Adoption of Resolution No. 85-83 of
the Council of the City of Bakers-
field reaffirming its request for
the California Highway Commission
to widen the Planz Road Overcrossing
at 99 Freeway.
Upon a motion by Councilman Payne, Resolution No. 85-83
of the Council of the City of Bakersfield reaffirming its request
for the California Highway Commission to widen the Planz Road
Overcrossing at 99 Freeway, was adopted by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmen Rockoff, Barton, Christensen, Payne, Ratty
None
Councilman Means
Upon a motion by Councilman Payne, Public Works Director
Hawley was authorized to represent the Council at the California
Transportation Commission hearing on June 30, 1983.
City Manager Kelmar reported that the budget document
will be given to the Council sometime tomorrow or Friday. Budget
hearings will not be held until July 25, 26 and 27, 1983, and a
resolution should be adopted authorizing the budget to continue at
the present level until a decision is made at the end of July.
Adoption of Resolution No. 86-83 of
the Council of the City of Bakers-
field extending the Level of Service
for the period July 1, 1983 through
July 31, 1983.
Upon ~ motion by Councilman Rockoff, Resolution No. 8C-83
of the Council of the City of Bakersfield extending the Level of
Service for the period July l, 1983 through July 31, 1983, was
adopted by the following roll call vote:
Barton, Christensen, Payne, Rockoff
Ayes: Councilmen Ratty,
Noes: None
Absent: Councilman Means
The
(a)
CONSENT CALENDAR
following items were listed on the Consent Calendar
Allowance of Claims Nos. 6873 to 7203,
inclusive, in the amount of $1,124,756.51.
Bakersfield, California, June 22, 1983 - Page 15
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
Claim for Damages from Park Place Home-
owners Association, P.O. Box 9249,
Bakersfield. (Refer to City Attorney)
Claim for Damages and Personal Injuries
from Sharon Hill, 5301-1 Dunsmuir,
Bakersfield. (Refer to City Attorney)
Claim for Damages from Victor Warren
Rankins, 3800 "Q" Street, Apt. 5, Bakers-
field. (Refer to City Attorney)
Amended Claim for Wrongful Death from
Jilanie Wheeler on behalf of her minor
sons Christopher Michael Wheeler and
Branden Robert Wheeler, c/o Chain, Younger,
Jameson, Lemucchi & Noriega, Attorneys at
Law, 1128 Truxtun Avenue, Bakersfield.
(Refer to City Attorney)
Claim for Damages from Automobile Club
of Southern California on behalf of Nelle
Wenner, 150 Torrey Pine Lane, Bakersfield.
(Refer to City Attorney)
Claim for Damages from Jay Allen Blackmon,
5212 Warwick Place, Bakersfield. (Refer
to City Attorney)
Quitclaim Deed from the City of Bakers-
field to Robert King and Street Right-of-
Way Deed from Robert King to the City of
Bakersfield for realignment of a sharp
curve on the Landfill Access Road, located
at the east line of the NE ~ of Section
ll, T. 29, R. 28, adjacent to the China
Grade Landfill.
Quitclaim of Public Access and Common
Driveway Easements to SU-JAC Enterprises,
Inc., providing legal vehicular access
and share one common driveway for two
proposed apartment units to be built on
two separate lots. The apartment project
has been terminated and the land remains
vacant. The easements serve no purpose
and would only hinder future development
of the property. These easements were
dedicated to the public in general and
recorded without acceptance by the City.
The developer has requested that these
easements be quitclaimed in order to
clear title.
Street Right-of-Way Deed from Bakersfield
Centers, Inc., for additional right-of-way
dedication on Wible Road, as required for
Southwest Lanes Bowling Alley, located on
east side of Wible Road between Planz Road
and White Lane.
!3 7
Bakersfield, California, June 22, 1983 - Page 16
(k)
Map of Tract No. 4603 and Improvement
Agreement with Homestead Land Development
Corporation, located on north side of
Fairview Road between South "H" Street
and Hughes Lane; Grant Deed from Home-
stead Land Development Corporation for an
on-site drainage basin; Street Right-of-
Way Deed from Greenfield Union School
District for additional street right-of-
way on Faith Avenue; and Temporary Turn-
around and Transition Dedications from
adjacent property owners.
(i)
Maps o£ Tract Nos. 4562, 4563 and 4568
Unit 1 with Tenneco Realty Development
Corporation. Tract Nos. 4562 and 4563
are located east of Old River Road between
Ming Avenue and White Lane and Tract No.
4568 Unit 1 is located on east side of
Gosford Road between Stockdale Highway
and Ming Avenue.
(m)
Improvement Agreement for Parcel Map No.
5921 with John S. Griffith & Co., located
east of Stine Road between Planz Road and
White Lane.
(n)
Notice of Completion and Acceptance of
Work on Tract No. 4395 "D", Contract No.
82-202 with Rocky Mountain Land Division,
U. S. Home Corporation, located at Dunsmuir
Road and Business Center Drive.
(o)
Application for Encroachment Permit from
Anecito J. Damo, 4416 San Miguel Way,
Bakersfield, for construction of a 6 foot
high wood fence next to sidewalk on Sun-
view Street, at 4416 San Miguel Way, as
approved by Board of Zoning Adjustment
Modification No. 3968.
(p)
Application for Encroachment Permit from
Bakersfield First Assembly of God Church,
4901 California Avenue, Bakersfield, for
construction of a 6 foot chain link fence
behind sidewalk at 4701 Marella Way.
(q)
Agreement with Pacific Gas and Electric
Company for relocation of gas service at
601 - 5th Street Senior Citizen's Center.
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p)
and (q) of the Consent Calendar, were adopted by the following
roll call vote:
Ayes: Councilmen Rockof£, Barton, Christensen, Payne, Ratty
Noes: None
Absent: Councilman Means
Bakersfield, California, June 22, 1983 - Page
ACTION ON BIDS
Upon a motion by Councilman Ratty, low bid of James G.
Francis, in the amount of $249,425, for construction of "H" Street
improvements, between Brundage Lane and California Avenue, and
between Truxtun Avenue and 24th Street, was accepted, all other
bids rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Christensen, low bid of
J. L. Meyers Company, in the amount of $14,497, for adjustment of
Pump Stations 9, ll and 12 at the Municipal Farm, was accepted,
the other bid rejected and the Mayor was authorized to execute the
contract.
Ayes:
Noes:
Absent:
Upon a motion by Councilman Christensen, low bid of King
Trucking, in the amount of $4,945, for demolition of Substandard
Buildings, was accepted and the other bid rejected.
Upon a motion by Councilman Ratty, low bid of Target
Chemical, in the amount of $5,784.48, for miscellaneous chemicals
for the Parks Department, was accepted and all other bids rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 2849 New
Series of the Council of the City of
Bakersfield amending Chapter 2.60 of
the Bakersfield Municipal Code relative
to the Division of Recreation.
Upon a motion by Councilman Christensen, Ordinance No.
2849 New Series of the Council of the City of Bakersfield amending
Chapter 2.60 of the Bakersfield Municipal Code relative to the
Division of Recreation, was
Councilmen Rockoff,
None
Councilman Means
Adoption of Ordinance No. 2850 New
Series of the Council of the City of
Bakersfield amending Section 8.32.060
B., suspending the Refuse Collection
Fees for the period of June l, 1983
to May 31, 1984.
adopted by the following roll call vote:
Barton, Christensen, Payne, Ratty
Bakersfield, California, June 22, 1983 - Page 18
Councilman Barton made a motion to adopt the ordinance
amending Section 8.32.060 B., suspending the Refuse Collection
Fees for the period of June l, 1983 to May 31, 1984.
Councilman Rockoff requested that Councilman Barton
amend his motion to add a clause to the ordinance that the Refuse
Collection Fees for the period of June 1, 1983 to May 31, 1984, be
suspended unless another determination is made as a result of the
budgetary process within that period of time.
Upon a motion by Councilman Barton, Ordinance No. 2850
New Series of the Council of the City of Bakersfield amending
Section 8.32.060 B., suspending the Refuse Collection Fees for the
period of June l, 1983 to May 31, 1984, unless another determinatic, n
is made as a result of the budgetary process within that period of
time,
Ayes:
Noes:
Absent:
conflict of interest he would not
matter.
was adopted by the following roll call vote:
Councilmen Rockoff, Barton, Christensen, Payne, Ratty
None
Councilman Means
Councilman Barton announced that due to a real or imaginary
participate in the following
Adoption of Ordinance No. 2851 New
Series of the Council of the City of
Bakersfield amending Section 17.58.020
10. of the Bakersfield Municipal Code
relative to Exemptions from Off-Street
Parking Requirements.
Upon a motion by Councilman Payne, Ordinance No. 2851
New Series of the Council of the City of Bakersfield amending
Section 17.58.020 20. of the Bakersfield Municipal Code relative
to Exemptions from Off-Street Parking Requirements, was adopted by
the following roll call vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Rockoff,
None
Councilman Means
Councilman Barton
Christensen, Payne, Ratty
120
Bakersfield, California, June 22, 1983 - Page 19
Adoption of Ordinance No. 2852 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 commonly known as 4124
and 4130 Ardmore Avenue.
The application for this amendment was made by Jay Alvin
Wheelan and would change subject properties from an R-3 (Limited
Multiple Family Dwelling) Zone to a C-O (Commercial and Professional
Office) Zone.
The proposed C-O zoning is consistent with the Bakers-
field Metropolitan Area General Plan.
The Planning Commission recommended approval o£ this
amendment.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2852 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 commonly known as 4124 and 4130 Ardmore
Avenue, finding said zoning consistent with the General Plan, were
adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Christensen, Payne, Ratty
Noes: None
Absent: Councilman Means
Councilman Ratty announced that due to a real or imaginary
interest he would not participate in the following
conflict of
matter.
Approval of recommendations outlined
in Budget Review and Finance Committee
Report No. 15-83 regarding Request for
Resolution of Inducement for Brower
Building.
Action on this report was held over from the Council
Meeting of June 8, 1983.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 15-83 regarding Request for Resolution
Bakersfield, California, June 22, 1983 - Page 20
of Inducement for Brower Building, was accepted; recommendation
that the Council not adopt an Inducement Resolution for issuance
of Tax Exempt Revenue Bonds for the Brower Building Project, was
approved; and recommendation that the City offer its support for
Tax Exempt Bond financing for major downtown developments, was
approved, by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Payne
Noes: Councilman Christensen
Absent: Councilman Means
Abstaining: Councilman Ratty
NEW BUSINESS
Adoption of Emergency Ordinance No.
2853 New Series of the Council of the
City of Bakersfield amending Sections
14.12.080, 14.12.130, 14.12.220 B. 17,
14.12.220 B. 23, 14.12.240, 14.12.250,
14.12.300 A., 14.12.320, and 14.12.420
of the Bakersfield Municipal Code
relative to Industrial Waste Discharge
Regulations.
This Emergency Ordinance amends various sections of
Chapter 14.12 of the Bakersfield Municipal Code to bring the City's
Industrial Waste Discharge Regulations into compliance with Federal
and E.P.A. mandated requirements for local Industrial Waste Pre-
treatment Programs. E.P.A. regulations require that such regula-
tions be in effect by July 1, 1983.
Upon a motion by Councilman Ratty, Emergency Ordinance
No. 2853 New Series of the Council of the City of Bakersfield
amending Sections 14.12.080, 14.12.130, 14.12.220 B. 17, 14.12.220
B. 23, 14.12.240, 14.12.250, 14.12.300 A., 14.12.320, and 14.12.420
of the Bakersfield Municipal Code relative to Industrial Waste
Discharge Regulations, was adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Rockoff,
None
Councilman Means
Barton,
Christensen, Payne, Ratty
Bakersfield, California, June 22, 1983 - Page 21
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 east of Stine Road and South
of Harris Road, and making findings
in connection with a P.U.D. Zone.
The application for this amendment was made by William
Norman and would change subject properties from an MH (Mobilehome)
Zone to a P.U.D. (Planned Unit Development) Zone, consisting of
60-detached single family dwellings.
The Planning Commission recommended approval of this
zone change request, subject to 13 additions to the plan, and
made findings delineated in Section 17.52.070 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 east
of Stine Road and south of Harris Road, 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 Title Seventeen of the
Bakersfield Municipal Code by changing
the Land Use Zoning of those certain
properties in the City of Bakersfield
located south of Stockdale Highway,
west of Allen Road.
The application for this amendment was made by Elmer F.
Karpe, Inc., and would change subject properties from an R-S
(Residential-Suburban) Zone to an R-1 (One Family Dwelling), or
more restrictive Zone.
The proposed R-1 zoning would be consistent with the
Bakersfield Metropolitan Area General Plan.
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, June 22, 1983 - Page 22
Bakersfield Municipal Code by changing the Land Use Zoning of
those certain properties in the City of Bakersfield located south
of Stockdale Highway, west of Allen Road.
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
commonly known as 2021 Planz Road.
The application for this amendment was made by Vivian
Lasater and would change subject property from an R-S (Residential-.
Suburban) Zone to an R-2 (Limited Multiple Family Dwelling), or
more restrictive Zone.
The proposed R-2 zoning would be consistent with the
Bakersfield Metropolitan Area General Plan.
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 commonly known as 2021
Planz Road.
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
commonly known as 1801Planz Road.
The application for this amendment was made by John
Rathjen and would.change subject property from an R-S (Residential-
Suburban) Zone to an R-2 (Limited Multiple Family Dwelling), or
more restrictive Zone.
The proposed R-2 zoning would be consistent with the
Bakersfield Metropolitan Area General Plan.
The Planning Commission recommended approval of this
amendment.
Bakersfield, California, June 22, 1983 - Page 23
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 commonly known as 1801
Planz Road.
Adoption of Resolution No. 87-83 of
the Council of the City of Bakers-
field accepting Bill of Sale and
Grant Deed regarding City of Bakers-
field Assessment District No. 82-1
(Resolution of Intention No. 955).
This resolution is the last Council action required in
completing the acquisition proceedings of Assessment District No.
82-1. By adopting this resolution the Council accepts
all Assessment District improvements and real property
viously dedicated or transferred to the City.
Upon a motion by Councilman Payne, Resolution No. 87-83
of the Council of the City of Bakersfield accepting Bill of Sale
and Grant Deed regarding City of Bakersfield Assessment District
No. 82-1 (Resolution of Intention No. 955), was adopted by the
following roll call vote:
Ayes:
Noes: None
Absent: Councilman Means
Councilmen Rockoff, Barton,
Christensen, Payne, Ratty
Approval of Agreement between the
City of Bakersfield and Bruce Keith,
A.I.A., to provide inspection and
architectural services as part of
the Commercial Rehab Program.
Upon a motion by Councilman Ratty,
City of Bakersfield and Bruce Keith, A.I.A.,
from Tenneco
not pre-
Approval o£ Agreement between the
City of Bakersfield and William
Tuculet and Partners to provide
inspection and architectural ser-
vices as part of the Commercial
Rehab Program.
was approved and the Mayor was authorized to execute same.
and architectural services as part of the Commercial Rehab Program,
Agreement between the
to provide inspection
Bakersfield, California, June 22, 1983 - Page 24
Upon a motion by Councilman Christensen, Agreement
between the City of Bakersfield and William Tuculet and Partners
to provide inspection and architectural services as part of the
Commercial Rehab Program, was approved and the Mayor was authorized
to execute same.
Approval of License Agreement between
the City of Bakersfield and Camp and
Mebane Cattle Company for Radio Com-
munications Facility.
This agreement provides the City with a 20-year license
(with option to renew), to utilize a 100-foot by 100-foot parcel
of property for a radio communications facility, including a
building, equipment and a 180-foot
on the Camp and Mebane Ranch at an
located to service the entire City,
antenna. The site is located
eleveation of 2,860 feet, well
including the Rio Bravo to
Panorama Area, and is next to a Kidd's Communication Facility
where electrical power is available. Though the City assumes
responsibilities under the agreement for road maintenance and site
security, no rental or other charge is to be paid by the City.
Upon a motion by Councilman Rockoff, License Agreement
between the City of Bakersfield and Camp and Mebane Cattle Company
for Radio Communications Facility, was approved and the Mayor was
authorized to execute same.
Approval of Sewer Extension Reim-
bursement Agreement with Robert E.
& Julia J. Poteet and Robert N.
Rodriguez providing that developers
be reimbursed for a portion of the
cost of the proposed sewer main by
parcel owners a~ong Lavern Avenue
who connect to the proposed sewer
main.
The developers of an ll unit residential development at
Lavern Avenue west of Freeway 99 propose to construct approximately
960 feet of sewer mains in Lavern Avenue to connect their develop-
ment to an existing sewer main in Real Road.
Upon a motion by Councilman Payne, Sewer Extension Reim-
bursement Agreement with Robert E. & Julia J. Poteet and Robert N.
Bakersfield, California, June 22, 1983 - Page 25
Rodriguez providing that developers be reimbursed for a portion
of the cost of the proposed sewer main by parcel owners along
Lavern Avenue who connect to the proposed sewer main, was approved
and the Mayor was authorized to execute same.
Approval of application for an Identi-
fication Sign located in the street
right-of-way and Encroachment Permit
from St. Luke's Episcopal Church, P.O.
Box 6455, Bakersfield.
All signs located within the street right-of-way require
Council approval.
The applicant is requesting approval for construction
of a church identification sign in the street right-of-way between
the frontage road and Mt. Vernon Avenue, 30 feet north of the
frontage road intersection on the east side of Mr. Vernon Avenue,
south of Highway 178.
Staff feels the sign is appropriate to direct motorists
to the church, which is not directly visible from Mt. Vernon Avenue,
and the sign will reduce the chance of the motorist mistaking the
frontage road for a Route 178 Freeway on-ramp.
Since the encroachment will not interfere with pedestrian
or vehicular traffic, the Public Works Department recommends
approval of the application.
Upon a motion by Councilman Rockoff, Application for
an Identification Sign located in the street right-of-way and
Encroachment Permit from St. Luke's Episcopal Church, P.O. Box
6455, Bakersfield, were approved.
Reception of Certificate from Kern
County Clerk's Office regarding
sufficiency of Petitions requesting
the Council to call a Special
Election to fill the unexpired term
of Councilman for the First Ward.
In accordance with Section 16 of the Bakersfield City
Charter, this petition must contain signatures of qualified
electors of the First Ward equal in number to not less than 25%
of the vote cast for Councilmanic Candidates in the First Ward
at the last General Municipal Election.
Bakersfield, California, June 22, 1983 - Page 26
The total number of votes cast in the First Ward at
the General Municipal Election held March 3, 1981, was 1,136,
therefore, 284 verified and certified signatures were required.
The Kern County Clerk has verified and certified 288
signatures, therefore, the petition was valid and the Council,
in accordance with Section 16 of the City Charter shall call a
Special Election to fill the vacancy. The resolution calling the
Special Election will be placed on the Agenda for the July 6, 1983,
Council Meeting.
Upon a motion by Councilman Payne, Certificate from the
Kern County Clerk's Office certifying sufficiency of Petitions
requesting the Council to call a Special Election to fill the
unexpired term of Councilman of the First Ward, was received and
ordered placed on file.
Approval of Community ~evelopment
Block Grant "Jobs" Fund Application.
The Department of Housing and Urban Development, through
the Community Development Block Grant Program, has made funds
available to implement a new "Jobs" Program. The City is entitled
to a $495,000 grant, which will be used to stimulate private invest-
ments for job producing programs. Certification by the Council,
tonight, will initiate the application for funds. Proposed programs
will be considered by the Council, if the funds are allocated.
Upon a motion by Councilman Christensen, Community
Development Block Grant "Jobs" Fund Application, was approved and
the City Manager was authorized to execute same.
Authorization granted Finance Opera-
tions Manager to Write-off the books
the list of Uncollectible Accounts
Receivable and turn applicable
accounts over to the City's Collection
Agency for further collection efforts.
It is requested that the following uncollectible accounts
be written off. The staff has exhausted all possible means at its
disposal to collect these past due accounts. In most cases the
Statute of Limitations applies or the individuals cannot be located.
414
Bakersfield, California, April 13, 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., April 13, 1983.
The meeting was called to order by Vice-Mayor Barton,
followed by the Pledge of Allegiance and Invocation by Reverend
Ed Meissner, First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Councilmen Ratty, Rockoff, Barton, Christensen, Means
Payne
Absent: Mayor Mary K. Shell, Councilman Strong
Minutes of the regular meeting of March 30, 1983, were
approved as presented.
PRESENTATION OF PLAQUE
Vice-Mayor Barton congratulated and presented a plaque
to the California Avenue Park Running Jaguars and their Coach,
Virgil Wilson, for representing Bakersfield well with a National
Championship Win at the Junior Prep Basketball Tournament held
in Phoenix, Arizona, March 25-28, 1983.
Coach Virgil Wilson introduced the team, coaching staff,
parents, and thanked those firms who helped fund this year's trip
to the tournament which were, Tenneco West, Tenneco Oil Company,
Motor City and Advance Beverage Company.
Members of the Jaguars presented Vice-Mayor Barton and
Mayor Shell with Jaguars T-Shirts.
SCHEDULED PUBLIC STATEMENTS
Mrs. Norma Savage, 3700 Thoreson Avenue, Bakersfield,
expressed her concern about the selling of morally objectionable
items, specifically, the "Boobie Pillow". Mrs. Savage stated she
represents approximately 150 persons who have signed a petition
requesting that ~he Council rid the Ci%y streets of the "Boobie
Pillow".
Bakersfield, California, June 22, i983 - Page 27
Damage Claims $17,104.81
Miscellaneous 259.50
$17,364.31
Upon a motion by Councilman Rockoff, the Finance Operatiens
Manager was authorized to write-off the books the list of Uncollectible
Accounts Receivable and turn applicable accounts over to the City's
Collection Agency for further collection efforts.
HEARINGS
This is the time set for public hearing before the
Council for the purpose of certifying the Environmental Impact
Report which addresses the social, economic and environmental
issues of the proposed Bakers£ield Airpark Development Project.
This hearing has been duly advertised, posted and govern-
mental agencies and utility companies notified as required by law.
Upon a motion by Councilman Ratty, hearing for the
purpose of certifying the Envirnomental Impact Report which
addresses the social, economic and environmental issues of the
proposed Bakersfield Airpark Development Project, was cancelled
due to inappropriate procedure.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 8:35 P.M.
ATTEST:
CITY CLERK /and E O~ffi~o Clerk of the Council
of the City of Bakersfield, California
ma