HomeMy WebLinkAboutJULY - SEPT 1983Bakers£ield, California, July 6, 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., July 6, 1983.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Reverend Tom Martin
of the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Barton, Christensen, Means,
Payne, Rockoff
Absent: Councilman Ratty
Minutes of the regular meetings of June
were approved as presented.
Mr.
15 and 22, 1983,
tion, presented a 12'
deems appropriate.
Mayor Shell,
SCHEDULED PUBLIC STATEMENTS
Rollie ~oore, on behalf of Hodel Development Corpora-
x 18' American Flag to be used as the Council
on behalf of the citizens of Bakersfield,
thanked Mr. Moore and Hodel Development Corporation for this very
special gift.
Cindie ~oore read the following prepared statement:
At the public hearing, June 15th the recommenda-
tion of the Business Development and Parking
Committee and unanimous action of the Council
to defeat a proposed Ordinance relative to
Building Height included the formation of a
citizen committee to facilitate downtown re-
vitalization.
I am here tonight to request your recognition
of the "Central Bakersfield Rejuvenation Com-
mittee." The citizens who compose the Committee
include: Max Morris, Jerry Zulfa, Tom Coleman,
Jerry Stanners, Ken Sorenson, Nancy Sewell,
Mack Phillips, David Doll, John Garone, Larry
Moxley, Chuck Tolfree, John Brock and myself.
We have outlined the goals and objectives as
follows:
Obtain from a variety of sources information
regarding incentives and procedures which
attracted successful redevelopment of down-
down areas in other communities.
130
Bakersfield, California, July 6, 1983 - Page 2
ment in rate
package, was
Committee.
2. Provide to Council and staff specific areas
of our expertise, individually or collec-
tively, as needed.
3. Review Redevelopment Plan, particularly
relating to economic feasibility.
4. Develop with staff a list of available
sites, Land Banked properties, powers and
incentives already available from City.
5. Examine the process and content of agree-
ments between the City and developers.
6. Generate ideas for projects, brainstorm
"needs" to solve projects' problems in
order to make them work, in other words -
bring concepts to fruition.
7. Work with and encourage groups to promote
an improved "image" of downtown.
I submit this to you and request your ratifi-
cation. Thank you.
Councilman Rockoff stated this Committee and their goals
are what the Council felt they would like to have after the dis-
cussion pertaining to the High Rise Ordinance.
Upon a motion by Councilman Rockoff, the Central Bakers-
field Rejuvenation Committee and their goals and objectives, as
presented, were recognized by the Council.
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from W. E. Hill, 6005 Desert Hills Drive, dated June 18, 1983,
urging the Council to vote in favor of the "No Smoking in the Work
Area" issue, was received and referred to the Voucher Approval
Committee.
Upon a motion by Councilman Rockoff, communication from
Cox Cable of Bakersfield, dated June 20, 1983, regarding an adjust-
for their "Tier" package and a new entertainment
received and referred to the Budget Review and Finance
Upon a motion by Councilman Christensen, communication
from Delphine Szczepkowski, 917 Pebble Beach Drive, dated June 21,
1983, thanking the Council, along with the majority of Kern City
residents, for voting down the zone change requested by the owners
Bakersfield, California, July 6, 1983 - Page 3
of the Kern City Golf Course, was received and ordered placed on
file.
Upon a motion by Councilman Means, communication from
the City of Riverside, California, dated June 24, 1983, urging the
Council to oppose AB 1958 (Walters), Liberalizing the Restrictions
on Absentee Ballots, was received and ordered placed on file.
Upon a motion by Councilman Payne, communication from
Mrs. Peggy Ahrens, 1901 Lacey Street, received June 29, 1983,
expressing interest in purchasing the land adjacent to the Castle
Park Sump, was received and referred to the Public Works Department
Upon a motion by Councilman Christensen, communication
from Gladys Jensen, 1105 Tangerine Street, and Luella Hampson, l101
Tangerine Street, dated July l, 1983, supporting Councilman
Christensen's proposal to prohibit smoking in public places, was
received and referred to the Voucher Approval Committee.
Upon a motion by Councilman Rockoff, communication from
LRG Properties, 1925 "H" Street, dated June 28, 1983~ r~uesting
abandonment of the alley running east and west between l~th and
20~h Streets and ending at "H" and "G" Streets, was received and
r~ferred to the Planning Commission for study and recommendation.
COUNCIL STATEMENTS
Councilman Means made the following statement:
t ~am respectfully asking the City Council to
not have secret budget meetings in Committee
this year and open them to the public. Any
Council member who does not have the guts to
express his views in public should not run for
office. Those who feel that public meetings
unfairly slow down the process do not recognize
that an open democratic process is the founda-
tion to our government and that process may be
more important than the final product. It is
as important this year as ever, because we are
almost $3,000,000 short of balancing the budget.
The Council must make some very difficult
decisions. The process that has occurred over
the last two months of discussing the budget
in each Committee has been very damaging to a
fair process and is a violation of the Brown
Act and is illegal. Members of this Council,
the Mayor, the City Manager and the City
Attorney are aware of that. The only remedy
Bakersfield, California, July 6, 1983 - Page 4
to what has happened, so far, is to open the
Budget Committee process to the public.
Politicians complain about the lack of people
that attend these public hearings, but I
believe they do not attend because they feel
that the decisions have already been made and
their input would be useless.
I am deeply concerned about the process, but
I am also concerned that this current abuse
grows out of the Council's lack of views as
to how to balance the budget. The City Manager's
response to that was to give us a budget that
guarantees the implementation of the Garbage
Tax.
If the Budget Committee meetings are public
I feel that, at least, there might be a reasonable
discussion of a number of options to balance the
budget. Then each member of the Committee and
the Council can argue the merits of their
proposals. Whatever the outcome the process
will lead to a better informed public. I am
not particularly concerned whether it is an
open Committee hearing or the Council as a
whole.
Councilman Means made a motion that the Budget Review
and Finance Committee's budget discussions this year be open to
the public and the meetings scheduled at night.
Councilman Rockoff stated he resents the fact that it
has been suggested that there are dire, dreaded and dastardly deeds
being conducted in the Committee meetings. There is a certain
amount of efficiency gained in the closed meetings. The budget
presented by the City Manager is public and anyone who takes an
interest in what the budget contains can obtain a copy, study it
and communicate with the Council during public sessions. After
the budget comes back from the Committee there will be public
hearings held. Unfortunately, the reaction ~rom the public during
the last couple of years is that they do not care. The people who
usually appear desire funds from the budget for worthwhile project~.
Councilman Rockoff stated he does not feel that the public is being
jeopardized because the budget is first reviewed by the Budget
Review and Finance Committee. However, in the interest of relieving
the fee~ing that seems to prevail, that something terrible is being
done behind closed doors, he wil~ agree to open the meeting to the
BaAersfleld, Californ±a, July 6, 1983 - Page
public. tie also stated he would find it difficult to attend all
the meetings if they are scheduled for the evening hours and
requested some flexibility as to the hour the meetings will be
scheduled.
After considerable discussion, Councilman Means withdrew
the portion of his motion that the meetings be scheduled at night.
Councilman Means' amended motion that the Budget Review
and Finance Committee's budget discussions, this year, be open to
the public, carried by the following roll call vote:
Ayes: Councilmen Barton, Means, Payne, Rockoff
Noes: Councilman Christensen
Absent: Councilman Ratty
Mayor Shell stated she received a letter from the South
East Enterprise Zone requesting support of Assembly Bills 40 and
514 before the Legislature on Enterprise Zone and requested that
the matter be referred to the Legislative Committee.
Upon a motion by Councilman Barton, letter from the South
East Enterprise Zone requesting support of Assembly Bills 40 and
514 regarding Enterprise Zone, was referred to the Legislative
Committee.
Upon a motion by Councilman Barton, letter from the
Downtown Business Association, dated June 16, 1983, submitting
the 1983-84 Downtown Improvement District Budget, was received
and referred to the Business Development and Parking Committee for
study and recommendation.
Councilman Christensen stated many citizens are delighted
with Judge Lewis King's decision protecting the public right of
access to the Kern River. That decision found that George Nickel's
plan to develop the river for luxury homes was illegal, because
it barred the public from ever using the most scenic and desirable
portions of this County's most precious recreational asset. While
many people have stated they are thankful for Judge King's decision,
they asked the following two questions:
Bakersfield, California, July 6, 1983 - Page 6
1. Why must the City pay the $64,000 legal
fees awarded to the Attorneys who brought
the suit, when the illegal project was by
and for the benefit of Mr. Nickels?
2. Why did the City participate in and defend
a plan which would benefit one developer
and a handful of luxury homeowners at the
expense of the citizens of the entire
County?
As the Council and public will recall, the $64,000 legal bill
originated when Mr. Nickel proposed that he trade a 5 acre parking
lot in return for the City's approval of a subdivision, which would
prevent the public from making use of the most spectacular portions
of the Kern River and would, forever, reserve those portions of
the river for the privileged few. Perhaps, the Council should
have foreseen that citizens would object to the City's action in
trading the public's right to enjoy the scenic beauty of the river
for a dirt parking lot. Perhaps, the Council should have known
something was amiss when so many attorneys donated their time in
order to do what this Council should have done, protect the public's
right and not those of special interests. Certainly the Council
was never advised that the plan was unconstitutional and illegal
and would have to pay the cost of defending only Mr. Nickel. Now
that the City is a little wiser and $64,000 poorer the Council
should ask itself whether one individual's interests should be
protected at the expense of the Council's constituency. To that
end the following question is directed at the City Attorney:
Does the City of Bakersfield face further
exposure to legal fees if it prosecutes an
appeal of Judge King's decision?
City Attorney Oberholzer stated the City always faces
the potential for further legal costs on any appeal that goes to
the Appellate Court. One of the things that has to be evaluated
is the legal correctness of the decision that was rendered by Judge
King. Several of the statements made by Councilman Christensen
indicates that there are a number of these questions which are
still not understood by people. For example, it was stated should
Bakersfield, California, July 6, 1983 - Page 7
the City not have foreseen that citizens would object to the ex-
change the City made. Not for the 5 acre parking lot, but for 4
acres along the river and 1 acre of parking. That could have been
foreseen had there been some objections raised at the public
hearing held before the Council on that specific map. In fact,
what actually occurred was that the attorney who sued the City and
was awarded part of the $64,000 appeared at the Council Meeting
and three times, as stated in the minutes, urged the Council to
approve that map. A few months later he sued the City and the
Court awarded those astronomical attorney's fees. In his opinion
the Appellate Court would closely scrutinize those fees. It would
be worth the risk to the City to pursue that to determine whether
or not the Appellate Court would uphold that decision.
Councilman Christensen asked how much expense has the
City incurred in staff time in unsuccessfully defending the law-
suit.
City Attorney Oberholzer stated that would be difficult
to determine, however, it was nowhere near $64,000. If the City
Attorney spent the entire year, 8 hours per day, working on nothing
but that lawsuit it would not come anywhere near $64,000. The cost
in preparing the defense would not even approach the $4,000 to
$5,000 category. Mr. Nickel hired a law firm, along with his own
private attorney, who prepared a great deal of the documentation
in defense of that case at the Superior Court level.
Councilman Christensen asked if the City Attorney dis-
cussed with Mr. Nickel or his attorney the reimbursement of the
$64,000 in fees that was awarded.
City Attorney Oberholzer stated that is the unfortunate
part. The Judge simply said he was going to place upon the tax-
payers the burden of paying the attorneys $64,000 without requiring
any contribution from the developer. That is why he made the state-
ment, when the judgment came out, that the taxpayers have lost
everything in this suit. They lost a 4 acre parcel of property
Bakersfield, California, July 6, 1983 - Page 8
fronting along the river for a difference that is greater than the
subdivision would have fronted the river and the parking along the
river. That is what is unfortunate about the decision. The real
winner in this case was the developer.
In answer to a question by Councilman Christensen, City
Attorney Oberholzer stated whether or not the City has a right to
reimbursement from Mr. Nickel is an issue that would be argued on
an appeal.
Councilman Christensen asked, if the City Attorney advises
the Council to appeal, is he certain enough of his view of Judge
King's decision to stake his position on the results of that appeal.
City Attorney Oberholzer stated this is an issue that
has never been decided by any court in California. He feels it is
an important enough decision to get an Appellate Court review and
determination of that particular issue. Correspondence has been
received from two other cities asking to join the City of Bakers-
field as amicus on an appeal.
Councilman Payne stated he has absolute faith in the
City Attorney's ability, motives, integrity and intentions. If
he thinks the City should appeal this matter he would support it.
Councilman Payne made a motion that the City Attorney
appeal Judge King's decision.
City Attorney Oberholzer stated the Court has not rendered
a judgment and it cannot be appealed until that judgment is issued.
When it is issued, if the Council so desires, an appeal will be
filed. Councilman Payne's motion is in order at this time.
Mr. Tom Fallgatter, Attorney, stated all of the attorney~
volunteered their time in this matter and all the money will remain
available for the Kern River Access Committee for furtherance of
public access. Of the $64,000, approximately $2,000 represented
copying costs and court fees that were advanced and will be repaid.
The remainder of the money, in the event it is ever paid, will
1 [)7
Bakersfield, California, July 6, 1983 - Page 9
remain available for public purposes. The plaintiff in the law-
suit is the Kern River Access Committee, a public benefit corporation,
subject to the rules of the Attorney General of the State of Cali-
fornia. The Council could be acting somewhat perceptibly to pass
Councilman Payne's motion tonight, because the judgment has not
been entered and it is not appealable at this time. A decision
like this involving an appeal, of what has taken on a fair amount
of importance in the community, should receive a little more
deliberation and consideration than immediate action on a motion
that was not on the agenda.
Councilman Barton stated he supports the appeal process,
but feels the motion is premature and would like to follow the
appropriate steps. At the time it is proper to file the appeal he
would support a motion to file it. If there is future litigation
he would like to have a couple questions answered. They probably
will not change his position of supporting the appeal process, but
the motion ts a little bit ahead of schedule.
Councilman Payne's motion that the City Attorney appeal
Judge King's decision, failed to carry by the following roll call
vote
Ayes
.Noes:
Absent:
Councilmen Payne, Rockoff
Councilmen Barton, Christensen, Means
Councilman Ratty
Upon a motion by Councilman Barton, report from the City
Attorney, dated July l, 1983, regarding Proposed Ordinance Revisions
Relative to Chauffeured Limousine Services, was referred to the
Business Development and Parking Committee for study and recommenda-
tion.
Councilman Payne stated since a representative of the
Special Olympic Fund Raising Committee did not appear at tonight's
Council Meeting he would like to announce that the Mayor issued
two Proclamations regarding a baseball game to be held at 6:00 P.M.
Bakersfield, Cali£ornia, July 6, 1983 - Page l0
on Saturday, July 9, 1983, at Sam Lynn Ballpark, which will be a
contest between ttollywood and Bakersfield celebrities, and a
Bowling Tournament at ll:00 A.M. on Sunday, July 10, 1983, at
Skyline Bowling Alley.
Mayor Shell stated the Proclamations proclaim July 9th
through July 16th as Ruben Castillo, Bobby Chacon, Rick Mears and
Carlos Palomino Week in Bakersfield and urges all citizens to
acknowledge the achievements of these athletes and the contribution
they have made to this community. They are doing this for the
benefit of the Special Olympics.
REPORTS
Councilman Rocko£f, Chairman of the Budget Review and
Finance Committee, read Report No. 20-83 regarding Home Occupation
Permits, as follows:
Recently the City Council discussed the require-
ments necessary for a Home Occupation Permit.
The dicussion centered around the use and
storage of "flammable materials" in residences.
The City Council referred the matter to staff
so as to study and submit guidelines to the
Budget Review and Finance Committee for recom-
mendation.
This Committee has met with members of staff,
including the Fire Chief, to review and discuss
the ordinance with respect to restricting the
use of flammable materials in residences. Our
discussions included various types of flammable
liquids and other flammable materials, quantities
of flammable materials, and suggestions regarding
the total amount of square feet of a residence
allowable to be used in relation to the home
occupation.
Pursuant to our discussions, this Committee has
concluded that the "Cottage Industry" should be
allowed to continue under the restrictions of
the Home Occupation Permit Ordinance and recom-
mends that certain amendments be made to the
ordinance. The amendments should include that
no Class I flammable liquids or liquified
flammable gases be used or stored on the premises
and no more than the equivalent of 75 cubic
feet of other flammable materials be stored on
the premises at any one time. Additionally,
no more than 250 square feet of the premises
may be used in relation to the home occupation.
Therefore, we recommend the City Council approve
these recommendations and consider this to be
the first reading of the proposed ordinance.
Bakersfield, California, July 6, 1983 - Page ll
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 20-83 regarding Home Occupation
Permits, was accepted.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.04.330 J. and
adding Sections 17.04.330 K. and
17.04.330 L. to the Bakersfield
Municipal Code relative to Home
Occupation Permits.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.04.330 J.
and adding Sections 17.04.330 K. and 17.04.330 L. to the Bakers-
field Municipal Code relative to Home Occupation Permits.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 21-83 regarding Truxtun Avenue
Extension, as follows:
Recently, the City Council expressed its con-
cern with the increasing number of ingress and
egress points on Truxtun Avenue Extension.
The matter was referred to the Budget Review
and Finance Committee and on ~ay 18, 1983, the
City Council approved a goal of maintaining
Truxtun Avenue Extension as a thoroughfare and
the Council set a policy of prohibiting access
directly to Truxtun Avenue Extension.
Subsequent to adopting the policy, this Com-
mittee has continued to meet with members of
staff and developers to discuss the matter.
We have met with representatives from Tenneco
Realty Development Corporation to discuss the
present activity and development of their
property south of Truxtun Avenue on the east
and west side of Mohawk. We also discussed
other properties owned by Tenneco and scheduled
for development in the future. These properties
were at other locations along Truxtun Avenue as
well as Coffee Road between Truxtun Avenue and
Stockdale Highway. These properties are
specifically identified in the proposed agree-
ment and shown on the accompanying exhibits to
the agreement.
In order to achieve the goal of maintaining
Truxtun Avenue Extension as a thoroughfare,
the Committee considered a number of alter-
natives and concluded the most feasible to be
the construction of a grade separation (over-
pass) at the intersection of Truxtun Avenue
and Mohawk Street. Due to the substantial
cost of such a project, it will be necessary
for the City to fund the project over a period
Bakersfield, California, July 6, 1983 - Page 12
of years. In light of the number of years to
fund the project, this Committee felt it
important to obtain the most satisfactory
interim arrangement with Tenneco to address
solutions to the ingress and egress problems
until such time as the grade separation project
has been completed.
Briefly, we have negotiated the referred to
proposed agreement between the City and Tenneco
which addresses what we consider to be the
solutions which will help to alleviate problems
arising from the access points directly on
Truxtun Avenue. Items we discussed and agreed
upon included the approval of four ingress and
egress points onto Truxtun Avenue from the
property located on the east and west side of
Mohawk. Although the City agreed to the access
points, the City reserves the right to close
the Truxtun median on both access points closest
to, east and west, of Mohawk Street. Upon
closing, the City has agreed to construct a
signal at the outer access points.
Further, in an effort to alleviate the need for
Truxtun Avenue access points for property owners
east of Tenneco's development, Tenneco has
agreed to dedicate an easement to the City for
roadway purposes to be used by the adjoining
property owners. This easement would allow
these property owners use of the Truxtun Avenue
access points being addressed at this time on
Tenneco property.
In addition, upon Tenneco's completion of all
related widening of Truxtun Avenue, the City
shall install traffic signals as soon as
possible at the intersection of Truxtun and
Mohawk. Tenneco has agreed to contribute an
amount not to exceed $80,000 for the con-
struction of the referred to traffic signals.
As was indicated above, these agreements for
traffic signals and ingress and egress points
are of an interim nature. Further, they are
designed and planned in such a way as to be
incorporated into the long-range plan with the
overpass and frontage roads, which will serve
the referred to access points so as not to
disrupt the flow of traffic on Truxtun Avenue.
Therefore, we recommend the City Council
indicate its intention to proceed with this
grade separation project and begin to set aside
funds for the eventual funding of this project.
We further recommend the City Council approve
the proposed agreement between the City and
Tenneco Realty Development Corporation.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 21-83 regarding Truxtun Avenue Extension,
was accepted; the Council indicated its intention to proceed with
i q 1
Bgkersfield, California, July 6, 1983 - Page 13
the grade separation project (overpass) at the intersection of
Truxtun Avenue and Mohawk Street and begin to set aside funds for
the evenutal funding of this project; and agreement between the
City and Tenneco Realty Development Corporation which will help
alleviate problems arising from the access points directly on
Truxtun Avenue, was approved and the Mayor was authorized to execute
same.
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 9-83 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 provisions 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)
An officer and/or employee of the Fire
Department may engage in outside employ-
ment, business, profession, occupation,
trade or calling, only if it is determined
by the Fire Chief, pursuant to guidelines
established in department rules and regu-
lations, that such outside employment,
business, profession, occupation, 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 con-
flict of interest. Under no circumstance
shall an officer and/or employee of the
Fire Department be allowed to engage in
more than 312 hours per calendar quarter
in outside employment, business, pro-
fession, trade or calling. All officers
and/or employees of the Fire Department
shall be available for duty at any time.
(b)
A peace officer employed by the Police
Department may engage in outside employ-
ment, business, profession, occupation,
trade or calling, only if it is determined
Bakersfield, California, July 6, 1983 - Page 14
by the Chief of Police, pursuant to guide-
lines established in department rules and
regulations, that such outside employment,
business, profession, occupation, 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 circumstance shall a peace
officer be allowed to engage in more t~an
20 hours per calendar week in outside
employment, business, profession, occu-
pation, trade or calling. All peace
officers shall be available for duty at
any time.
This Committee has held disucssions with the
Chief of Police and the Fire Chief in regards
to their departmental rules and regulations
in administering these proposed Charter Amend-
ments. 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.
The Governmental Efficiency and Personnel Com-
mittee has also met with union representatives
on these issues and they are now in agreement
with the proposed Charter Amendments.
We are, therefore, recommending Council approval
of these two Charter Amendments. The resolution
calling for a Special Election on November 8,
1983, will be acted upon under New Business.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 9-83 regarding Charter Amendments
for Police and Fire Outside Employment, was accepted; and the two
Charter Amendments were approved for a Special Election to be held
on November 8, 1983.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 7204 to 7416,
inclusive, in the amount of $708,001.48.
(b)
Claim for Damages and Personal Injuries
from Regina Robinson by her Guardian Ad
Litem Fern Robinson, 414 Villa Street,
Apt. A, Bakersfield. (Refer to City
Attorney)
Bakersfield, California, July 6, 1983 - Page 15
(d) ,
(e),
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
(k)
Upon
(f),
Claim for Damages and Personal Injuries
from Anita Elaine Perez, 9550 Three Mile
Road, Lakeview, Michigan. (Refer to City
Attorney)
Claim for Damages from Brian Patrick Gregg,
509 Oleander Avenue, #B, Bakersfield.
(Refer to City Attorney)
Road Easement and Line of Sight Easement
from Tenneco Realty Development Corpora-
tion providing additional road dedication
for Old River Road as required for Parcel
Map No. 6547, located at northeast corner
of Old River Road and Ming Avenue, and
Line of Sight Easement required in Lots
25 and 26 of Tract No. 4482, located at
southwest corner of Gosford Road and White
Lane.
Map of Tract No. 4608 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located on east side of
Old River Road and north of White Lane.
Notices of Completion and Acceptance of
Work on:
Resurfacing Ming Avenue and South "H"
Street, Contract No. 82-189 with James G.
Francis.
Tract No. 4489, Contract No. 83-34 with
Tenneco Realty Development Corporation,
located at Old River Road and White Lane.
Application for Encroachment Permit from
Covington Technologies, 2451E. Orange-
thorpe Avenue, Fullerton, California, for
construction of a 42 inch high wrought
iron and wood post fence behind sidewalk
and in front of model sales home at 5104,
5108, 5112 and 5116 Jonah Street.
Plans and Specifications for construction
of the Landfair Storm Drain Modifications.
Agreement between the City of Bakersfield
and Eileen Unruh for instruction in Modern
Dance and Ballet £or a period of four weeks
at Stine School.
Agreement between the City of Bakersfield
and Susan Anderson for instruction in
Calligraphy for a period of four weeks at
Stine School and Holloway-Gonzales and
Baker Libraries.
a motion by Councilman Means, Items (a), (b), (c),
(g), (h), (i), (j) and (k) of the Consent Calendar
144
Bakersfield, California, July 6, 1983 - Page 16
were adopted by the following roll
Ayes
Noes
Absent:
Councilmen Barton,
None
call vote:
Christensen, Means,
Payne, Rockoff
Councilman Ratty
DEFERRED BUSINESS
Adoption of Ordinance No. 2854 New
Series 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 of 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.
Upon a motion by Councilman Payne, Ordinance No. 2854
New Series 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, was adopted by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmen Barton, Christensen, Means, Payne,
None
Councilman Ratty
Adoption of Ordinance No. 2855 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 south of Stock-
dale Highway, west of Allen Road.
Rockoff
14 5
Bakersfield, California, fful¥ 6, 1983 - Pa§e 17
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) Zone.
The proposed R-1 zoning is consistent with the Bakers-
field Metropolitan Area General Plan.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2855 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 south of Stockdale tfighway, west
of Allen Road, finding said zoning consistent with the General
Plan, were adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Rockoff
Noes: None
Absent: Councilman Ratty
Adoption of Ordinance No. 2856 New
Series of the Council of the City of
Bakersfield amending Title Seventeen
of the Bakersfield Municipal Code by
changing the Land Use Zoning of that
certain property in the City of Bakers-
field commonly known as 1801 Planz
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) Zone.
The proposed R-2 Zoning is consistent with the Bakersfield
Metropolitan Area General Plan.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2856 New Series of the Council of the City of
Bakersfield amending Title Seventeen of the Bakersfield Municipal
Code by changing the Land Use Zoning of that certain property in
Bakersfield, California, July 6, 1983 - Page 18
the City of Bakersfield commonly known as 1801 Planz Road, finding
said zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes:
Noes: None
Absent:
Councilmen Barton, Christensen, Means, Payne, Rockoff
Councilman Ratty
Adoption of Ordinance No. 2857 New
Series of the Council of the City of
Bakersfield amending Title Seventeen
of the Bakersfield Municipal Code by
changing the Land Use Zoning of that
certain property in the City of Bakers-
field 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) Zone.
The proposed R-2 zoning is consistent with the Bakers-
field Metropolitan Area General Plan.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2857 New Series of the Council of the City of
Bakersfield amending Title Seventeen of the Bakersfield Municipal
Code by changing the Land Use Zoning of that certain property in
the City of Bakersfield commonly known as 2021Planz Road, finding
said zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes:
Councilmen Barton, Means, Payne, Rockoff
Noes: None
Absent
Councilman Ratty
Abstaining: Councilman Christensen
Adoption of Ordinance No. 2858 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 east o£ Stine
Road and south of Harris Road, and
making findings in connection with
a P.U.D. Zone.
Bakersfield, California, July 6, 1983 - Page 19
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.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2858 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 east of Stine Road and south of
Harris Road, and making findings in connection with a P.U.D. Zone,
finding said zoning consistent with the Genera~ Plan, were adopted
by the following roll call vote:
Christensen, Means, Payne, Rockoff
Ayes:
Noes:
Absent:
Councilmen Barton,
None
Councilman Ratty
Adoption of Zoning Resolution No.
302 of the Council of the City of
Bakersfield granting Appeal from
decision of the Board of Zoning
Adjustment denying Modification to
permit the reduction of the required
25-£oot front yard setback to 5 feet
on that certain property known as
3108 Pomona Street.
This resolution formally embodies and establishes the
decision of the Council following the appeal hearing on this matter
held June 15, 1983.
Upon a motion by Councilman Means, Zoning Resolution No.
302 of the Council of the City of Bakersfield granting Appeal from
decision of the Board of Zoning Adjustment denying Modification
permit the reduction of the required 25-foot front yard setback
5 feet on that certain property known as 3108 Pomona Street, was
adopted by the following roll cal~ vote:
Ayes:
Noes:
Absent:
Councilmen Barton, Christensen,
None
Councilman Ratty
Means, Payne,
Rockoff
to
Bakersfield, California, July 6, 1983 - Page 20
Adoption of Zoning Resolution No.
303 of the Council of the City of
Bakersfield denying Appeal of
Sequoia Engineering for Highland
Real Estate Corporation from decision
of the Board of Zoning Adjustment
denying 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
on that certain property located on
the north side of Auburn Street, 155
feet west of La Costa Street.
This resolution formally embodies and establishes the
decision of the Council following the appeal hearing on this matter
held June 15, 1983.
Upon a motion by Councilman Rockoff, Zoning Resolution
No. 303 of the Council of the City of Bakersfield denying Appeal
of Sequoia Engineering for Highland Real Estate Corporation from
decision of the Board of Zoning Adjustment denying a Modification
to permit the reduction of the required side yard setbacks from
five feet to three feet on all proposed lots within Tentative Sub-
division Map No. 4624 on that certain property located on the
north side of Auburn Street, 155 feet west of La Costa Street, was
adopted by the following roll call vote:
Barton, Christensen, Means, Payne, Rockoff
Councilmen
None
Councilman
Ayes:
Noes:
Absent:
Ratty
Adoption of Zoning Resolution No.
304 of the Council of the City of
Bakersfield denying the Appeal of
Mary Moland from Board of Zoning
Adjustment decision granting Modifi-
cation to Don F. Myers to permit the
reduction of the required front yard
setback for apartments from 15 feet
to 12 feet and to allow substandard
widths on the eight (8) required off-
street parking spaces on those certain
properties commonly known as 213, 215,
235, 237, 249, 323, 327, 331, 335,
345 and 351 Lakeview Avenue.
This resolution formally embodies and establishes the
decision of the Council
held June 15, 1983.
following the appeal hearing on this matter
Bakersfield, California, July 6, 1983 - Page
Upon a motion by Councilman )~eans, Zoning Resolution No.
304 of the Council of the City of Bakersfield denying the Appeal
of Mary Moland from Board of Zoning Adjustment decision granting
Modification to Don F. Myers to permit the reduction of the required
front yard setback for apartments from 15 feet to 12 feet and to
allow substandard widths on the eight (8) required off-street
parking spaces on those certain properties commonly known as 213,
215, 235, 237, 249, 323, 327, 331, 335, 345 and 351 Lakeview Avenue,
was adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Barton, Christensen, Means, Payne, Rockoff
None
Councilman Ratty
Authorization granted to staff to
proceed with implementation of the
Lakeview Neighborhood Revitalization
Strategy.
At the April 20, 1983, Council Meeting, staff presented
a report to the Council on the community meetings held regarding
the revitalization strategy. Part of the strategy involved a
General Plan Amendment and Zone Change.
Council authorized staff to proceed with the scheduled
public hearing before the Planning Commission, but withheld action
on the implementation of the full strategy until the completion of
the hearings on the General Plan Amendment.
The General Plan Amendment was approved by Council on
1983, and sets the stage for implementation of the full
June 15,
strategy.
The full strategy will involve land acquisition for
business development and new housing and the creation of jobs in
accordance with the goals and objectives of the Community Develop-
ment Block Grant Regulations.
Councilman Means stated he would oppose the motion for
the same reasons he opposed it during the discussions on this
matter.
Bakersfield, California, July 6, 1983 - Page 22
Upon a motion by Councilman Rockoff, staff was authorized
to proceed with implementation of the Lakeview Neighborhood Revitali-
zation Strategy, by the following roll call vote:
Ayes: Councilmen Barton, Payne, Rockoff
Noes: Councilmen Christensen, Means
Absent: Councilman Ratty
NEW BUSINESS
Adoption of Resolution No. 88-83
calling the General Municipal
Election for the Office of Council-
man in the 2nd, 5th and 6th Wards,
to be held in the City of Bakers-
field on Tuesday, the 8th day of
November, 1983, and directing the
City Clerk to publish the Notice of
Election.
the date and calls the General
This resolution sets
Municipal Election.
Upon a motion by Councilman Christensen, Resolution No.
88-83 calling the General Municipal Election for the Office of
Councilman in the 2nd, 5th and 6th Wards, to be held in the City
of Bakersfield on Tuesday, the 8th day of November, 1983, and
directing the City Clerk to publish the Notice of Election, was
adopted by the following roll call vote:
Ayes
Noes
Councilmen Barton, Christensen, Means, Payne, Rockoff
None
Absent: Councilman Ratty
Adoption of Resolution No. 89-83 of
the Council of the City of Bakers-
field calling a Special Municipal
Election for the purpose of sub-
mitting to the electors of the City
amendments to the Charter of the
City of Bakersfield and calling a
Special Municipal Election for the
purpose of filling a vacancy on the
Council for the remainder of the
unexpired term in Ward l, and pro-
viding for the partial consolidation
of said Special Municipal Election
with each other and with the Odd-
Year General District Election, all
to be held on Tuesday, November 8,
1983.
Bakersfield, California, July 6, 1983 - Page 23
This resolution calls a Special Election for filling the
vacancy on the Council for Ward l, calls a Special ~unicipal
Election for submitting two Charter Amendments to the electors
dealing with outside employment in the Police and Fire Dpeartments,
and provides for consolidation of the General and Special Elections
with the General School District Election.
City Attorney Oberholzer stated this resolution and the
following one will have to be amended because the synopsis of the
measures for the two Charter Amendments did not contain the maximum
hours an employee will be allowed to engage in an outside occupation.
The Fire Department employees will be allowed up to a maximum of
312 hours per calendar quarter under conditions approved by the
Fire Chief and Police Department employees will be allowed up to a
maximum of 20 hours per week under conditions approved by the
Police Chief.
Upon a motion by Councilman Rockoff, Resolution No. 89-83
of the Council of the City of Bakersfield calling a Special Municipal
Election for the purpose of submitting to the electors of the City
amendments to the Charter of the City of Bakersfield and calling a
Special Municipal Election for the purpose of filling a vacancy on
the Council for the remainder of the unexpired term in Ward l, and
providing for the partial consolidation of said Special Municipal
Election with each other and with the General Municipal Election
and the Odd-Year General District Election, all to be held on
Tuesday, November 8, 1983, as amended by the City Attorney, was
adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Barton,
None
Councilman Ratty
Councilman Christensen
Means, Payne,
Rockoff
Bakersfield, California, July 6, 1983 - Page 24
Adoption of Resolution No. 90-83 of
the Council of the City of Bakers-
field requesting the Board of Super-
visors of the County of Kern to
order the consolidation of a General
Municipal Election, a Special Muni-
cipal Election for filling a vacancy
on the Council in Ward i and a
Special Municipal Election submitting
Charter Amendments, with the General
District Election to be held on
Tuesday, November 8, 1983, setting
forth the exact form of the Measures
to be voted upon at such Special
Municipal Elections as the same are
to appear on the ballot.
This resolution requests the Board of Supervisors to
consolidate the City elections with the General District Election.
Upon a motion by Councilman Means, Resolution No. 90-83
of the Council of the City of Bakersfield requesting the Board of
Supervisors of the County of Kern to order the consolidation of a
General Municipal Election, a Special Municipal Election for filling
a vacancy on the Council in Ward 1 and a Special Municipal Election
submitting Charter Amendments, with the General District Election
to be held on Tuesday, November 8, 1983, setting forth the exact
form of the Measures to be voted upon at such Special Municipal
Elections as the same are to appear on the ballot, as amended by
the City Attorney, was adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Rockoff
Noes: None
Absent: Councilman Ratty
Denial of Application for an Encroach-
ment Permit from Dimas Northwest Owners
Association, 3801 San Dimas Street,
Bakersfield.
All signs located within the street right-of-way require
Council approval.
The applicant is requesting approval for the construction
of a directory sign in the street right-of-way. Applicant had
previously been granted a Special Sign Permit for an oversized
sign to be placed out of the right-of-way by the Planning Commission.
Bakersfield, California, July 6, 1983 - Page 25
A review indicates the sign will obstruct the sight line
for vehicles entering San Dimas Street. Public Works Department
recommends the sign be located outside the street right-of-way as
approved by the Planning Commission.
Since the encroachment will interfere with vehicular
traffic, the Public Works Department recommends denial of the
application.
Upon a motion by Councilman Means, Application for
Encroachment Permit from Dimas Northwest Owners Association, 3801
San Dimas Street, was denied.
Approval of Plans and Specifications
for construction of improvements on
the China Grade Landfill Access Road,
and authorization granted to expend
funds from Account No. 33-77500-292-
1090.
The project consists of realigning a sharp curve on the
Landfill Access Road adjacent to the China Grade Landfill. This
project, which is located on a City road, is necessary to provide
safe access to the China Grade site.
When the proposed Capital Improvement Program was prepared
the City was not aware of the need to realign the curve, therefore,
funds were not requested for the 1983-84 program. However, since
it would be desirable to complete the work prior to the planned
opening in September, of the China Grade Landfill, it is requested
that funds be carried over from savings on a completed 1982-83
Signal & Channelization Project at the intersection of 30th and
"F" Streets. These savings are in a Gas Tax Fund, Account No.
33-77500-292-1090, and are restricted to Street Improvement Projects.
The Engineer's estimate is $30,100.
Upon a motion by Councilman Rockoff, Plans and Specifi-
cations for construction of improvements on the China Grade Landfill
Access Road, was approved and authorization granted to expend funds
from Account No. 33-77500-292-1090.
Bakersfield, California, July 6, 1983 - Page 26
Authorization granted to Purchasing
Division of the Finance Department
to enter into Discount Agreements
with Mayo Supply, B & D Brake Parts,
Motor Rim & Wheel, Pacific Power,
Tony's Auto Upholstery, Tyack Tires,
L. V. Johns Diesel Electric and
Kisco for Miscellaneous Services and
Supplies.
The Finance Department requests Council authorization to
negotiate Discount Agreements with eight suppliers. Discount
Agreements are informal miscellaneous supply contracts that the
Purchasing Division has prenegotiated prices or discounts on and
are for services and supplies of a nature that do not lend them-
selves to other purchasing programs. Examples are: miscellaneous
equipment parts with Mayo Supply, B & D Brake Parts, Motor Rim &
Wheel and Pacific Power; services with Tony's Auto Upholstery and
Tyack Tire; miscellaneous electrical parts with L. V. Johns Diesel
Electric; and spray equipment parts with Kisco.
Upon a motion by Councilman Rockoff, the Purchasing
Division of the Finance Department was granted authorization to
enter into Discount Agreements with Mayo Supply, B & D. Brake Parts,
Motor Rim & Wheel, Pacific Power, Tony's Auto Upholstery, Tyack
Tires, L. V. Johns Diesel Electric and Kisco for Miscellaneous
Services and Supplies.
Approval of request from Red Lion Inn
for a Freestanding Sign 80 feet in
height and 544 square feet in area at
the southwest corner of Rosedale High-
way and Highway 99.
All signs greater than 50 feet in height require approval
of the City Council.
The proposed sign is intended to provide exposure to
traffic on Highway 99, which is elevated above Rosedale Highway at
this location.
The Planning Commission reviewed the criteria for the
80 foot height, based on visibility problems and recommended
approval.
Bakersfield, California, July 6, 1983 - Page 27
The sign requested is 544 square feet in area, which is
16 square feet less than the sign reviewed by the Planning Com-
mission. The ordinance allows 240 square feet for a Freestanding
Sign in a C-2 Zone. The Council has approved other signs exceeding
50 feet in height in the vicinity of this intersection.
Councilman Payne made a motion that the request from
Red Lion Inn for a Freestanding Sign 80 feet in height and 544
square feet in area at the southwest corner of Rosedale Highway
and Highway 99, be approved.
In answer to a question by Councilman Rockoff, Director
of Fire and Development Services Needham stated signs in the
general area along the freeway corridor, generally approved by
the Council, have been much larger in size and higher than the 50
foot limitation. Mr. Needham then cited several signs in the area
that have been approved by the Council.
Councilman Rockoff stated he feels if this sign is
approved it will set a precedent and the Council will be obligated
to approve signs this size or larger.
Mr. Bob Williams, Vice-President and Division Manager of
Young Electric Sign Company, stated the signs for the Red Lion Inns.
vary considerably in different areas, depending on exposure to
traffic and placement. Some of the signs cited by Mr. Needham are
well recognized in this area and the Red Lion is not. They are
trying to present an identity that people can see and recognize
in time to take the freeway exit. In this area there are numerous
obstructions on both sides of the freeway due to trees, etc.
Councilman Means stated at times he strictly adheres to
the Sign Ordinance, however, he has voted for additional height on
signs due to the freeway corridor. In this situation the requested
sign is over twice the size of the limit set by the Sign Ordinance
and it is far above anything in the area. It is an incredible
precedent and has no justification. He felt the sign could be made
Bakersfield, California, July 6, 1983 - Page 28
smaller to adhere more closely with the Sign Ordinance and stated
he could not support the motion.
Councilman Payne stated everyone is reluctant to set
precedent, however, in this particular case the Council should be
thankful the Red Lion Inn was not afraid to do it when they brought
a major first class luxury hotel to the City of Bakersfield. All
things being relative, in relationship to a multimillion dollar
hotel that is very large, this sign is very compatible. The size
of their investment, faith they have in constructing this facility
in the City of Bakersfield and tax dollars they will pay, that is
expensive for a few feet of air space. If the sign is not highly
visible from the freeway it will have a detrimental effect on their
business. Councilman Payne urged the Council to approve the requested
sign.
Councilman Rockoff stated he wants it undertsood that he
appreciates the fact that the Red Lion has chosen to build a hotel
in Bakersfield and it is not his intent to seem inhospitable, but
he feels this will set a precedent. Councilman Ratty, who repre-
sents this area, is not present tonight and he felt it should be
deferred for one week for Councilman Ratty's input.
Councilman Rockoff offered a substitute motion, due to
the absence of Councilman Ratty who represents this area, that
action on the request from the Red Lion Inn for a Freestanding
Sign 80 feet in height and 544 square feet in area at the southwest
corner of Rosedale Highway and Highway 99, be deferred until the
Council Meeting of July 13, 1983. This motion failed to carry by
the following roll call vote:
Ayes:
Noes:
Absent:
Inn for
in area
Councilmen Means, Rockoff
Councilmen Barton, Christensen, Payne
Councilman Ratty
Councilman Payne's motion that the request from Red Lion
a Freestanding Sign 80 feet in height and 544 square feet
at the southwest corner of Rosedale Highway and Highway 99,
Bakersfield, California, July 6, 1983 - Page 29
be approved, carried by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Payne
Noes: Councilmen Means, Rockoff
Absent: Councilman Ratty
CLOSED SESSION
Upon a motion by Councilman Barton, the Council recessed
to a Closed Session at 8:55 P.M. with the City's Chief Labor
Negotiator to discuss Labor Negotiations. The regular meeting
was reconvened at 9:07 P.M.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Payne, the meeting was
adjourned at 9:10 P.M.
MAYOR o£ th~ity of Bakers£ield, Calif.
ATTEST:
CITY CLERK and E~ Officio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, July 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., July 13, 1983.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Christensen, Means, Payne,
Absent: None
Ratty, Rockoff, Barton
SCHEDULED PUBLIC STATEMENTS
Mr. Donald Bell, representing the Circle Club Cardroom,
1418 Golden State Highway, requested that the Cardroom Ordinance
be amended to allow eight players at a table rather than seven.
City Manager Kelmar stated the Police Department reviewed
this matter and indicated the requested amendment would not cause
a problem.
Upon a motion by Councilman Rockoff, the City Attorney
was directed to draft an ordinance amending the number of players
allowed at a card table to conform with the County of Kern's
Ordinance.
Mr. Tom Abramson, representing the Ice Capades, extended
an invitation to the Mayor and Council to attend Opening Night of
the Ice Capades.
~r. Dan Neal, representing a
field, spoke in opposition to the adoption of an ordinance that
will close any body of water that can be used for recreational
purposes. They feel the lake on Truxtun Avenue is not any more
dangerous than any other park or recreation area. This area is
clean and the parking appears to be adequate. If liability is a
concern it is suggested that signs be posted in the area with
adequate disclaimers. They feel there are other alternatives that
can be taken rather than closing areas like this to the public.
Neal requested that the Council not adopt the ordinance, hold a
number of citizens of Bakers--
Bakersfield, California, July 13, 1983 - Page 2
public hearing on the matter so the people can be heard or refer
it to a committee.
Councilman Barton explained that the pond on Truxtun
Avenue was not developed as a recreational facility. It was put
there for a recharge basin for percolation of water from the Kern
River in years when there is water. However, it has turned out to
be very attractive to the public for recreational purposes. One
thing that should be recognized is that these days society is very
tuned to suing public agencies and that has to be taken into con-
sideration. Councilman Barton suggested that the Council consider
the lake on Truxtun Avenue as a potential recreational facility, in
lieu of what it was designed for, and the matter be referred to the
Water and City Growth Committee for study and recommendation.
City Attorney Oberholzer stated in this particular case
the body of water on Truxtun Avenue is an artificial body of water
and it is not the Kern River. The Kern River is a body of water
which the public has the right of access and there are specific
exemptions in State law for recreational rivers that people use anc[
assume the risk when they go into the water. However, when an
artificial body of water is created the person or agency who creates
it assumes certain responsibilites. Present Bakersfield law pro-
vides that all artificial bodies of water must be fenced. An
ordinance is being proposed this evening to remove the requirement
for fencing around the ground recharge basins that the City uses
along the Kern River. Those recharge basins are not part of the
Kern River. They are artificial bodies of water. The other
ordinance being proposed is to prohibit swimming or boating in the
groundwater recharge basins, because they are principally uncon-
trolled, unprotected and unregulated bodies of water. They are
attractive to people during the hot weather. The water, for example,
could become polluted and someone could drink it and sue the City
for allowing a body of water to exist in a polluted fashion knowing
160
Bakersfield, California, July 13, 1983 - Page 3
people go in the water and swim.
Without controls a suit could be filed against the City,
negligence on the part of the City, because it was known
conditions exist on that body of water.
The boats could hit the swimmers.
claiming
that those
Upon a motion by Councilman Barton, Emergency Ordinance
adding Chapter 8.38 to the Bakersfield Municipal Code relative to
Groundwater Recharge Basins - Swimming and Other Conduct Prohibited,
was moved forward on the agenda to be considered at this time.
Referral of an Emergency Ordinance
of the Council of the City of Bakers-
field adding Chapter 8.38 to the
Bakersfield Municipal Code relative
to Groundwater Recharge Basins -
Swimming and Other Conduct Prohibited.
This Emergency Ordinance makes it unlawful to swim, wade,
boat, sail, etc., in a groundwater recharge basin, as defined,
requires that signs be posted providing notice of the restrictions
imposed by this ordinance, and makes violations of the ordinance
infractions.
Councilman Barton made a motion that Emergency Ordinance
adding Chapter 8.38 to the Bakersfield ~unicipal Code relative to
Groundwater Recharge Basins - Swimming and Other Conduct Prohibited,
be referred to the Water and City Growth Committee for study and
recommendation.
Councilman Rockoff stated he feels the Council should
adopt the ordinance due to the possibility of liability and then
refer the matter to committee for study and recommendation. The
ordinance can be amended at a later date.
Councilman Ratty stated he feels that body of water has
recreational potential, people are using it and there is no reason
to deny the use of it. Posting the lake at this time would warn
people of the hazards and eliminate that possibility. Councilman
Ratty requested that Councilman Barton amend his motion to state
that warnings be posted on the lake on Truxtun Avenue during the
interim period while it is being studied by committee.
Bakersfield, California, July 13, 1983 - Page 4
City Attorney Oberholzer stated by posting the property
warning people the lake is not patrolled, uncontrolled and the water
may be polluted would relieve the City from some of the potential
liability. If this ordinance is referred to committee, the property
should be posted warning people they are using the lake at their
own risk.
Mayor Shell stated she has received phone calls from
people who are opposed to closing this lake for public use. They
feel the lake is a beautifu2 addition to the City. There are
problems, but it is hoped the Council will allow the citizens to
use the lake for recreational purposes.
Councilman Barton's amended motion that Emergency
Ordinance of the Council of the City of Bakersfield adding Chapter
8.38 to the Bakersfield Municipal Code relative to Groundwater
Recharge Basins - Swimming and Other Conduct Prohibited, was
re£erred to the Water and City Growth Committee for study and
recommendation, and in the interim period the lake on Truxtun Avenue
is to be posted with adequate warnings.
CORRESPONDENCE
Upon a motion by Councilman Means, communication from
the League of California Cities, dated June 24, 1983, regarding
the designation of a voting delegate and alternate for the League
of California Cities Annual Conference to be held in San Francisco,
California, from October 2 through 5, 1983, was received and
Councilman Barton was appointed as the voting delegate and Council-
man Christensen as the alternate voting delegate.
Upon a motion by Councilman Rockoff, communication from
Janice M. Banducci, 2419 Driller Avenue, dated July 7, 1983, sub-
mitting her resignation from the Fire Department Civil Service
Board, was received, her resignation accepted and the Mayor was
requested to send a letter of appreciation for her services to the
City of Bakersfield.
!62
Bakersfield, California, July 13, 1983 - Page 5
COUNCIL STATEMENTS
Upon a motion by Councilman Rockoff,
letter from Planning Commission Chairman James
in response to a
S. Camp, dated July
7, 1983, revision of the Sign Ordinance was referred to the
Planning Commission for study and recommendation.
Mayor Shell expressed her displeasure in not being able
to attend the Budget Review and Finance Committee Meetings on the
City's budget. She stated she has a real interest in the budget,
but has to read the newspaper and listen to the radio to find out
what is going on. The only people who are not allowed to attend
the open Budget Review and Finance Committee Meetings on the budget
are the ~ayor and other Councilmen.
Councilman Christensen stated he also feels it is very
important for the Council to obtain background on the budget and
is in agreement with the Mayor, but the Brown Act prevents them
from attending these meetings.
Councilman Ratty suggested that next year the entire
budget for the City of Bakersfield be discussed in a Council
Meeting so the Mayor and rest of the Council can participate.
REPORTS
Councilman Payne, Chairman of the Governmental Efficiency
and Personne~ Committee, read Report No. 10-83 regarding 1983-84
Salary Negotiations, as follows:
In compliance with the State of California
~eyers-~ilias-Brown Act, the City has met and
conferred in good faith with the Service
Employees International Union (SEIU), which
represents this City's Blue and White Collar
Unit employees. In addition, consultation
meetings have been held with the General
Employees Supervisory Unit and Management. We
are pleased to report that a Memorandum of
Understanding has been reached with SEIU and
that the Supervisors and Management have agreed
with this Committee's recommendations.
The City's negotiating team, headed by Bill
Avery, has been able to negotiate within the
guidelines established by the City Council.
As a result, new agreements will be in effect
for an eighteen month period, expiring December
Bakersfield, California, July 13, 1983 - Page 6
31, 1984. The annual cost to the City for all
units is less than 4%.
The Governmental Efficiency and Personnel
Committee is recommending Council approval of
the ~emorandum of Understanding with the
Service Employees International Union repre-
senting Blue and White Collar workers, which,
in effect, will provide the following.
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 employment with the City.
Effective July 11, 1983, the City will pay
an additional $41.41 per month towards the
cost of health insurance premiums.
Effective July 9, 1984, the City will in-
crease its contribution in an amount equal
to the increase in medical insurance
premiums, subject to a maximum of $24.00
per month.
3. Effective December 26, 1983, employees will
receive a 3% across-the-board salary increase.
Effective July 9, 1984, employees will
receive a 2% across-the-board salary increase.
4o
Effective April 2, 1984, the City will
institute a longevity pay program, as
follows: 10 or more years of uninterrupted
years of City service - 2% salary increase;
15 or more years of uninterrupted years of
City service an additional 2% salary in-
crease; 20 or more years of uninterrupted
years of City service - an additional 2%
salary increase.
The total cost of this package for Fiscal Year
1983-84 is $289,000.
The Governmental Efficiency and Personnel
Committee is also recommending Council approval
of the following for General Supervisory
employees:
Effective the first full pay period in
July, 1983, new employees will pay employee
contributions to the Public Employees Re-
tirement System (PERS) for the first six
years of employment with the City.
Effective July 11, 1983, the City will pay
an additional $41.41 per month towards the
cost of health insurance premiums.
Effective July 9, 1984, the City will in-
crease its contribution in an amount equal
to the increase in medical insurance
premiums, subject to a maximum of $24.00
per month.
Bakersfield, California, July 13, 1983 - Page 7
Effective December 26, 1983, employees will
receive a 3% across-the-board salary in-
crease.
Effective July 9, 1984, employees will
receive a 2% across-the-board salary in-
crease.
Effective July 9, 1984, the City will
institute a longevity pay program, as
follows: l0 or more years of uninterrupted
years of City service - 2% salary increase;
15 or more years of uninterrupted years of
City service - an additional 2% salary in-
crease; 20 or more years of uninterrupted
years of City service - an additional 2%
salary increase.
The total cost of this package for Fiscal Year
1983-84 is $67,700.
The Governmental Efficiency and Personnel
Committee is also recommending Council approval
of the following for Management employees with
exception of Police and Fire Management, who
were included in the Police and Fire Memorandums.
Effective July ll, 1983, the City will pay
an additional $41.41 per month towards the
cost of health insurance premiums.
Effective July 9, 1984, the City will in-
crease its contribution to an amount equal
to the increase in medical insurance
premiums, subject to a maximum of $24.00
per month.
Effective December 26, 1983, employees
will receive a 3% across-the-board salary
increase.
Effective July 9, 1984, employees will
receive a 4% across-the-board salary
increase.
The total cost of this package for Fiscal Year
1983-84 is $54,300.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 10-83 regarding 1983-84 Salary
Negotiations, was accepted; and recommendations as outlined in the
report, were approved by the following roll call vote:
Ayes
Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Barton
Noes None
Absent: None
Bakersfield, California, July 13, 1983
- Page 8
Director of Fire and Development Services Needham
presented a report, dated July 8, 1983, regarding Response to the
State Department of Housing and Community Development's comments
on the Housing Element, as follows:
The City Council adopted a Revised Housing
Element to the General Plan on January 12, 1983.
State Department of Housing and Community
Development (HCD) comments on the Draft docu-
ment were received too late for consideration
and, accordingly, the Council requested the
staff prepare responses to the State comments.
Both State comments and staff responses were
distributed to the City Council, Planning Com-
mission and Housing Advisory Committee in March.
One Planning Commissioner recommended additional
considerations to be included in response to the
State comments.
Two alternative actions have been considered
in responding to the State comments. One
method would be to address each specific
comment and return that to the State as a
proposed amendment to the recently adopted
element. The City, however, would still be
required to update the Housing Element as
required by law by July 1, 1984. The second
alternative would be to incorporate the State's
comments, the additional comments received in
their review by others and new information,
which will come from this year's scheduled
update process into the revised element to be
adopted this fiscal year.
The staff recommends the City incorporate the
State comments and responses into the 1984
update program. The staff would have a draft
document prepared for the City Council, Planning
Commission and State review by January, 1984,
which would allow sufficient time for public
hearing, State review and adoption by July l,
1984.
Upon a motion by Councilman Means, report from Fire and
Development Services regarding Response to the State Department of
Housing and Community Development's Comments on the Housing Element,
was accepted; and, if the Citizens'Committee have no strong
objections, staff was directed to incorporate the State's comments
and responses into the 1984 update program and prepare a draft
document for the Council, Planning Commission and State reviews by
January, 1984, which will allow sufficient time for public hearings,
State review and adoption by July 1, 1984.
Bakersfield, California, July 13, 1983 - Page 9
Director of Public Works Hawley presented a report,
dated July 13, 1983, regarding Grant Funds Under the Jobs Bill,
Public Law 98-8, as follows:
In March, 1983, President Reagan signed the
Jobs Bill, Public Law 98-8. The objective of
this bill is to create jobs for the unemployed
and rehabilitate and improve public parks and
other publicly-owned or controlled lands.
California allocation is based on the current
level of unemployment and amounts to $5.7
million. Of this portion, approximately $4
million has been earmarked for local govern-
ment, with each project and agency limited to
$20,000. The funds are only available between
July 18, 1983 and September 30, 1983. Due to
the limited time frame, the Public Works
Department submitted proposals to the California
Department of Forestry, the State agency
administering the projects at the local level.
We were recently notified that our project is
acceptable and can be funded for $20,000. Our
proposal consisted of hiring unemployed individuals
to trim and prune trees and shrubs in City Parks
and on the public right-of-ways within the City.
Due to a backlog in our tree trimming program,
this work wou~d not be completed by September
30, 1983, without the grant.
If the City Council desires to participate in
this program, it will be necessary to approve
the application and resolution authorizing the
City Manager to execute the agreements.
Adoption of Resolution No. 91-83 of
the Council of the City of Bakers-
field approving the Application for
Grant Funds under the Jobs Bill,
Public Law 98-8.
Upon a motion by Councilman Christensen, Resolution No.
91-83 of the Council of the City of Bakersfield approving the
Application for Grant Funds under the Jobs Bill, Public Law 98-8,
was adopted by the following roll call vote:
Ayes
Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Barton
Noes None
Absent: None
City Manager Kelmar reported a number of months ago he
indicated to the Council that there was Legislation being proposed
that would allow the City to, again, initiate annexation of small
Bakersfield, California, July 13, 1983 ~ Page 10
islands. Several years ago there was similar Legislation that
terminated and it is being reactivated. The Legislature has
approved Assembly Bill 14 and it is on the Governor's desk for
signature. A Legislative Bulletin has been received from the
League of California Cities asking that letters be sent to the
Governor requesting him to sign the Bill. The urban area of
Bakersfield contains approximately seven of these islands that
will fall within the parameters of this Legislation and the Council
is requested to authorize the Mayor to send a letter to the
Governor requesting him to sign AB-14.
Upon a motion by Councilman
authorized to send a letter on behalf
Christensen, the Mayor was
of the Council to Governor
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a)
Allowance of Claims Nos. 7417 to 7468 and
i to 27, inclusive, in the amount of
$62,709.09.
(b)
Draft of the Financial Plan and a proposal
from John Carollo Engineers for the Design
and Construction Engineering for Expansion
and Upgrading of Wastewater Treatment Plant
No. 3. (Refer to Water and City Growth
Committee)
(c) Plans for construction of Guard Rail on
Stockdale Highway at the Kern River Bridge.
(d) Notices of Completion and Acceptance of
Work on:
Construction of Sewer and Storm Drain,
Fairview Assessment District, Contract No.
82-183 with B & B Plumbing Co., Inc.
Traffic Signal System on Ming Avenue at
Ashe Road and Gosford Road, Contract No.
82-218 with Kunert Electric.
Parcel Map No. 6488, Contract No. 82-112
with Quality Investments, Inc., located
on Bernard Street, east of Mt. Vernon
Avenue.
Parcel Map No. 6581, Contract No. 82-122
with James A. & Pauline A. Moore, located
at southwest corner of Union Avenue and
Calle De Oro.
Deukmejian urging him to sign AB-14 regarding Island Annexations.
Bakersfield, California, July 13, 1983 - Page ll
Upon a motion by Councilman Means, Items (a), (b), (c)
and (d) of the Consent Calendar, were adopted by the following
roll call vote:
Ayes
Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Barton
Noes None
Absent: None
NEW BUSINESS
Upon a motion by Councilman Christensen, Budget Hearing
set for July 25, 1983, was canceled.
Adoption of Emergency Ordinance No.
2859 New Series of the Council of
the City of Bakersfield amending
Chapter 15.48 of the Bakersfield
Municipal Code relative to Fencing
Swimming Pools, Spas, Private Ponds
and Lakes, Canals and Ditches.
This Emergency Ordinance clarifies requirements for
fencing of outdoor bodies of water to specify that spas, hot tubs
and private ponds must be fenced; exempts groundwater recharge
basins owned by a public agency from fencing requirements; deletes
provisions which experience has shown to be unnecessary; and makes
other minor adjustments in the chapter.
Upon a motion by Councilman Christensen, Emergency
Ordinance No. 2859 New Series of the Council of the City of Bakers-
field amending Chapter 15.48 of the Bakersfield Municipal Code
relative to Fencing Swimming Pools, Spas, Private Ponds and Lakes,
Canal and Ditches, was adopted by the following roll call vote:
Ayes:
Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Barton
Noes: None
Absent: None
Adoption of Resolution No. 92-83 of
the Council of the City of Bakers-
field declaring it has reviewed,
evaluated and considered the infor-
mation contained in the Final EIR
and a Supplemental Final EIR which
combined constitutes a Final EIR for
five disposal alternatives for Waste-
water Treatment Plant No. 3 Expansion,
making findings, and certifying that
said Final EIR has been completed in
compliance with the California
Environmental Quality Act, the State
EIR Guidelines and City Resolution
No. 60-80.
B~kersfield, Californ±a, July 13, 1983 - Pa~e l'n
This resolution makes certain findings and certifies
completion in compliance with CEQA requirements of the Final E.I.R.
on five alternative disposal sites or methods in connection with
expansion of Treatment Plant No. 3.
The City Planning Commission held public hearings on the
Draft E.I.R. on March 18, 1982, and the Supplemental Draft E.I.R.
on June 2, 1983. The Commission recommended certification of the
Final E.I.R. to the City Council on July l, 1982, and the Supple-
mental E.I.R. on July 7, 1983.
Upon a motion by Councilman Barton, Resolution No. 92-83
of the Council of the City of Bakersfield declaring it has reviewed,
evaluated and considered the information contained in the Final
EIR and a Supplemental Final EIR which combined constitutes a Final
EIR for five disposal alternatives for Wastewater Treatment Plant
No. 3 Expansion, making findings, and certifying that said Final
EIR has been completed in compliance with the California Environ-
mental Quality Act, the State EIR Guidelines and City Resolution
No. 60-80, was adopted by the following roll call vote:
Means, Payne, Ratty, Rockoff,
Ayes: Councilmen Christensen,
Barton
Noes: None
Absent: None
Adoption of Resolution No. 93-83 of
the Council of the City of Bakers-
field declaring that it has reviewed,
evaluated, and considered the infor-
mation contained in the Final EIR
for a Proposed Bakersfield Airpark
Expansion Plan, making findings, and
certifying that said Final EIR has
been completed in compliance with the
California Environmental Quality Act,
the State EIR Guidelines and City
Council Resolution No. 60-80.
All actions required to meet CEQA and City Council
Resolution No. 60-80 guidelines
Bakersfield Planning Commission
of the Final E.I.R.
have been completed and the
is recommen~ng the certification
t'70
Bakersfield, California, July 13, 1983 - Page 13
Upon a motion by Councilman Barton, Resolution No. 93-83
of the Council of the City of Bakersfield declaring that it has
reviewed, evaluated, and considered the information contained in
the Final EIR for a Proposed Bakersfield Airpark Expansion Plan,
making findings, and certifying that said Final EIR has been com-
pleted in compliance with the California Environmental Quality
Act, the State EIR Guidelines and City Council Resolution No. 60-80,
was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Barton
Noes: None
Absent: None
HEARINGS
This is the time set for public hearing before the
Council on an Appeal by La Hacienda, Inc., to the decision of the
Board of Zoning Adjustment granting an application for a Conditional
Use Permit with seven conditions to Dale Hankins to allow an oil
well in an R-2 (Limited Multiple Family Dwelling) Zone, on that
certain property in the City of Bakersfield commonly known as Rio
Bravo Golf Course.
This hearing has been duly advertised and the property
owners notified as required by law.
Mayor Shell declared the hearing open for public partici-
pation.
Mr. George Nickel, President of La Hacienda, Inc.,
stated there is an excavation site approximately 200' x 500' with
a number of roads going in and out of the area. It will destroy
the area of the golf course where the drilling site is proposed to
be placed. It is located in an area where they have sold the
adjacent property to the Lakeside Golf Course Partners and they
are in the process of completing the grading work for condominiums
and single family dwellings that have been approved by the City.
The well location is almost on top of that construction area. The
Bakersfield, California, July 13, 1983 - Page 14
t71
owners of the construction area were not notified of the action
contemplated tonight. It is premature to grant a license to con-
duct indiscriminate drilling in this area. It is hoped this
situation can be delayed until proper notification is made and a
determination made on what is going to happen out there, because
a lot of money and time has been spent to develop this area.
In answer to a question by Councilman Payne, George
Nickel stated the oil well drilling site is on the Rio Bravo Golf
Course and the housing development is immediately north of it.
In answer to a question by Councilman Payne, City Attorney
Oberholzer stated Mr. Hankins, apparently, has a lease with the
Federal Government for the mineral interests on that property and
he is allowed access to those mineral interests. Mr. Hankins
requested a Conditional Use Permit at that location. The location,
as determined by the Board of Zoning Adjustment, would create the
least amount of interference with the operation of the golf course
and residential development on that property.
Mr. Scott Brook, representing La Hacienda, Inc., stated
he brought up at the Board of Zoning Adjustment hearing, that the
applicant has not proved that he has the lease rights. He was
also requested by Lakeside Golf Course Partners, developers of
the adjacent property, to advise the Council that they were not
notified of the Board of Zoning Adjustment hearing or this hearing.
Mr. Brook submitted a map he prepared showing the area where Mr.
Hankins plans to drill his well. The site that has been approved
is on the immediate edge of the tee of the seventh hole of the
golf course. If the drilling pad is set anywhere within the area
provided by Mr. Hankins it will
as, potential development.
Mr. Ken Evans, member
damage existing facilities, as well
of the firm of Evans, Carey &
Crozier Consulting Petroleum Engineers and representing Dale Hankins,
explained why Mr. Hankins requested the Conditional Use Permit to
Bakersfield, California, July 13, 1983 - Page 15
drill the oil well at this particular site.
from the U. S. Government since July, 1976,
established on that lease by July 31, 1983,
He has had the lease
and production must be
or he will lose it.
Mr. Nickel knew when he purchased the property he was only buying
the surface rights. Mr. Hankins made every attempt he could to
contact Mr. Nickel and did not hear from him until March, 1983.
Their letter to Mr. Hankins indicated they would throw every
obstacle they could into his path so he would not drill on their
property. The mineral rights are owned by the U. S. Bureau of
Land Management and they have extremely stiff penalities and
obligations placed on drillers in these situations. The State
Division of Oil and Gas has strict rules and regulations with
regard to placement of wells, the way it is developed and abandoned.
The statement made that the size of the well location is 500' x 200'
to 300' is not true, it is 200' x 100'. It will be totally cleaned
up, it must be landscaped and everything painted. If there is
production they have permission of the landowner to the west to
place the tanks on his property. They must be painted and land-
scaped to camouflage them.
In answer to a question by Councilman Ratty, Mr. Evans
stated it would take 7 to 10 days to drill the well and they would
be on the site for approximately 15 days. If there is oil on the
property, the well would be
off the property in 15 days.
be completed within 30 days.
completed and the drilling equipment
The testing, landscaping, etc., would
In answer to a question by Councilman Rockoff, Mr. Evans
stated that if oil is discovered there is a potential of placing
more wells in the area.
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.
Mr. Nickels presented pictures he took of the drilling
site and stated the area is approximately 500' x 200'
Bakersfield, California, July 13, 1983 - Page 16
In answer to a statement by Mr. Nickels, Mr. Evans stated
they have permission of the adjacent property owners to use their
roads and construct new ones and place the tanks there so it will
not clutter the golf course.
Councilman Christensen made a motion that the Appeal by
La Hacienda, Inc., to the decision of the Board of Zoning Adjust-
ment granting an application for a Conditional Use Permit with
seven conditions to Dale Hankins to allow an oil well in an R-2
(Limited Multiple Family Dwelling) Zone, on that certain property
in the City of Bakersfield commonly known as Rio Bravo Golf Course~
be denied and the Conditional Use Permit granted.
Councilman Ratty stated the Conditional Use Permit should
be granted for drilling and testing on a 100' x 200' pad and then
have them come back to the Board of Zoning Adjustment for develop-
ment of the permanent structure.
Councilman Christensen stated that was the intent of his
motion.
City Attorney Oberholzer stated he wanted to make it
clear to the Council, or any party in this hearing, so they are
not of the opinion that after the well is drilled and if quantities:
of oil are found, that neither the Board of Zoning Adjustment or
Council could deny them the right to put in an oil well to pump it
out.
Councilman Rockoff stated it is only the architectural
aspect they wanted to refer back to the Board of Zoning Adjustment
for approval.
Councilman Christensen's amended motion that the Appeal
by La Hacienda, Inc., to the decision of the Board of Zoning Adjust-
ment granting an application for a Conditional Use Permit with
seven conditions to Dale Hankins to allow an oil well in an R-2
(Limited Multiple Family Dwelling) Zone, on that certain property
in the City of Bakersfield commonly known as Rio Bravo Golf Course,
be denied and the Conditional Use Permit granted for drilling and
Bakersfield, California, July 13, 1983 - Page 17
testing the well on a 100' x 200' pad and come back to the Board
of Zoning Adjustment for development of the permanent structure,
carried by the following roll call vote:
Ayes: Councilmen Christensen, Ratty, Rockoff
Noes: Councilmen Payne, Barton
Absent: Councilman Means
Mayor Shell declared a brief recess at 8:55 P.M. and
reconvened the meeting at 9:00 P.~.
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 to permit the reduction of the required front yard
setback on 66 lots from 25 feet to 22 feet, in an R-1 (One Family
Dwelling) Zone, on that certain property located adjacent to the
north side of Fairview Road, 1,320~ feet west of South "H" Street
and northerly to the extension of Faith Avenue.
This hearing has been duly advertised and the property
owners notified as required by law.
Mayor Shell declared the hearing open for public partici-
pation.
Mr. Robert Smith, Civil Engineer and President of Sequoia
Engineering, stated there is an existing structure with a swimming
pool in the rear yard, which fixed the line of the southerly street,
Springfield Avenue. From that point the rest of the property was
equally divided to produce the rest of the lots, which are 97.7
feet deep. The lots are not substandard in any other way and contain
6,000 square feet. They are requesting a reduction in the front
yard setback to produce more back yard area. This would provide
the same size back yard as 100 foot lots. Back yards are more
desirable due to swimming pools and other activites, whereas, front
yards are mainly used for off-street parking. They conducted a
survey of valley towns and they all have front yard setbacks of 20
Bakersfield, California, Ju~y 13, 1983 - Page 18
feet or less for the same size lots as being discussed tonight.
When the City changed the minimum lot size in R-1 Zones from 7,200
square feet to 6,000 square feet, basically, 20 foot back yards
were lost. The standard lot size went from 120' x 60' to 100'
deep and the front yard setback stayed the same, so 20' of back
yard was lost. Due to the sewer and street configurations this
plan was the only reasonable alternative and that is why the request
for the setback was submitted.
Mr. Mike Mason, Homestead Savings & Loan Association,
stated when the City reduced the minimum lot size from 7,200 square
feet to 6,000 square feet, due to the cost of land and to make
housing affordable, they did not adjust the setbacks. People in
California enjoy back yard ~iving for various reasons, and by not
adjusting the front yard setback it decreased the back yard areas.
The back yard is a more valuable asset to the homeowner than the
front yard.
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 Ratty stated the setbacks on the front and
back yards are something that should be referred to the Planning
Commission for review. However, at the present time the Council
should adhere to present standards.
Upon a motion by Councilman Ratty, Appeal by Sequoia
Engineering, Inc., to the decision of the Board of Zoning Adjust-
ment denying the application for a Modification to permit the
reduction o£ the required front yard setback on 66 lots from 25
feet to 22 feet, in an R-1 (One Family Dwelling) Zone, on that
certain property located adjacent to the north side of Fairview
Road, 1,320 ~ feet west of South "H" Street and northerly to the
extension of Faith Avenue, was denied by the following roll call
vote:
Ayes: Councilmen Christensen,
Noes: Councilman Payne
Absent: None
Means, Ratty,
Rockoff, Barton
Bakersfield,
California,
July 13,
1983 - Page 19
Upon a motion by Councilman Barton, the Planning Com-
mission was requested to review the front and back yard setback
requirements on 6,000 square foot minimum lot size.
This is the time set for public hearing on 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 Bakersfield.
This hearing was duly advertised and posted.
The application for this alley vacation was submitted by
Tenneco Realty Development Corporation.
Mayor Shell declared the hearing open for public partici-
pation.
Susan Rohan, representing Tenneco Realty Development
Corporation, stated they are in favor of this alley vacation.
No protests or objections being received and no one else
wishing to speak in favor, Mayor Shell closed the public portion
of the hearing for Council deliberation and action.
Upon a motion by Councilman Ratty, Resolution No. 94-83
of the Council of the City of Bakersfield ordering the vacation of
a portion of the twenty-foot alley south of Hilton Head Way and
west of Moffitt Way in the City of Bakersfield, was adopted by the
following roll call vote:
Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Barton
Noes: None
Absent: None
This is the time set for public hearing on a proposed
Ordinance restricting any vehicle having a manufacturer's gross
vehicle weight rating of 25,000 pounds or more, and designed to
carry freight, material or merchandise to State highway routes
within the City, and to certain other specified routes.
This hearing was duly advertised.
Bakersfield, California, July 13, 1983 - Page 20
Mayor Shell declared the hearing open for public partici-
pation.
Mr. Paul
the ordinance.
Slevkoff, 1301 Dodge Avenue, spoke in favor of
No protests or objections being received and no one else
wishing to speak in favor, Mayor Shell closed the public portion of
the hearing for Council deliberation and action.
Upon a motion by Councilman Ratty, Ordinance No. 2860
New Series of the Council of the City of Bakersfield amending
Section 10.44.060 of the Bakersfield Municipal Code relative to
Truck Routes and Truck Parking, was adopted by the following roll
call vote:
Ayes:
Noes:
Absent:
Councilmen Christensen,
Barton
Means, Payne, Ratty, Rockoff,
None
None
This is the time set for public hearing before the
Council on the 1983 Weed Abatement Program.
The property owners were notified by mail.
Director of Fire and Development Services Needham stated
this year over 200 notices to abate weeds were sent to property
owners and everyone complied except the properties on the list
submitted to the Council. The list submitted to the Council
contains five properties, however,
Street has been cleaned and can be
have not been abated.
Mayor Shell declared the
the lot at 211 South Owens
deleted. The other four lots
hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Christensen, Resolution No.
95-83 of the Council of the City of Bakersfield finding that certain
Weeds growing on properties in the City of Bakersfield constitute a
Bakersfield, California, July 13, 1983 - Page 21
public nuisance and directing the Chief of the Fire Department to
abate such nuisance, was adopted by the following roll call vote:
Ayes
Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Barton
Noes None
Absent: None
CLOSED SESSION
Upon a motion by Councilman Christensen, the Council
recessed to a Closed Session at 9:35 P.M. to discuss the basic
compensation of the City Manager's contract and the City Attorney's;
salary.
The regular meeting was reconvened at 11:25
REGULAR MEETING
Upon a motion by Councilman Rockoff, the City Manager
and City Attorney were granted the same salary package as granted
to the Management Unit, listed as follows:
Effective July 11, 1983, the City will pay
an additional $41.41 per month towards the
cost of health insurance premiums.
Effective July 9, 1984, the City will in-
crease its contribution to an amount equal
to the increase in medical insurance
premiums, subject to a maximum of $24.00
per month.
Effective December 26, 1983, employees
will receive a 3% across-the-board salary
increase.
Effective July 9, 1984, employees will
receive a 4% across-the-board salary increase.
ADJOURNMENT
There being no further business to come before the
Council,
adjourned at 11:30 P.M.
upon a motion by Councilman Christensen, the meeting was
MAYOR of t~/~ity of Bakersfield, Calif.
ATTEST:
ERK ~nd Ex ~Dfficio ~lerk of
of
the Council
the City of Bakersfield, California
ma
Bakersfield, California, July 26, 1983
Minutes of a budget session of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 P.M., July 26, 1983.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance.
The City Clerk called the roll as follows:
Present: Mayor Shell.
Councilmen Means, Payne, Ratty, Rockoff,
Barton, Christensen
Absent: None
City Manager Kelmar reported that when the Agenda was
prepared an article regarding the additional loss of subventions
from the State appeared in the newspaper. Since then, the League
of California Cities has sent a Legislative Bulletin, which the
Council has copies o£, that indicates that, in addition to the
$1,700,000 loss that was anticipated, the City will lose another
$1,100,000 from State subventions. This will add to the City's
deficit of $2,700,000 for a total deficit of $3,800,000.
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 11-83 regarding 1983-84
New Position Requests, as follows:
During the past few months, the City Manager's
Office has reviewed various budget requests
for additional personnel, which were made by
department heads. Departmental requests were
made for 29 new positions and several reclassi-
fications, which, if allowed, would result in
an additional annual cost of $983,636. All of
the requests are based on departmental needs,
taking into consideration that the City has
grown in population over the last ten years
nearly 50% and the area of the City has grown
166%. From all indications this trend will
continue, and in an attempt to keep up with
this growth the City Manager has recommended
14 of the 29 new positions.
Attached to the report is an outline of the
department head requests and the City Manager's
recommendations. Also attached are the depart-
ment head requests and the justifications for
each of the requested positions.
The Governmental Efficiency and Personnel
Committee (GEP) has reviewed all of these
requests and we are recommending the following
personnel changes for Fiscal Year 1983-84.
Bakersfield, California, July 26, 1983 - Page 2
PUBLIC WORKS
One additional position of Engineering Tech-
nician II. This position is necessary to
reduce the response time for requests for
traffic studies and information. The backlog
of incompleted projects increases faster than
the present staff is able to complete projects.
Annual Employee Cost - $36,275
Equipment Cost - $ 1,045
POLICE DEPARTMENT
Ten additional Police Officer positions. These
positions are essential, based on the continued
growth of the City. The average response time
for an emergency priority call is presently
8.3 minutes compared to a five minute response
time ten years ago. Recent annexations, such
as Rio Bravo, Park Stockdale and Kern City,
have increased the patrol areas to the point
that patrol districts must be realigned and an
additional district created.
Annual Employee Cost - $336,910
Equipment Cost - $ 27,800
One additional position of Communications
Engineer and one additional position of Com-
munications Technician II. Standford Research
Institute (SRI) conducted a study of this
City's communications system in 1981. As a
result of this study, a Communications Coor-
dinator was hired and subsequently, he has
evaluated the SRI report and is in agreement
for the need of these two additional positions.
The recommendations of the SRI report cannot
be met without adequate staffing and resources.
Annual Employee Cost - $73,380
Equipment Cost - $ 5,080
CITY MANAGER'S DEPART)4ENT
One additional position of Clerk Typist II.
The workload in the City Clerk's Office has
considerably increased over the last few years.
It has reached the point where the present
staff can no longer keep up with the present
workload. The ~4ayor's Secretary was assigned
work by the City Clerk in past years, however,
the ~layor's workload has increased to the
point that her Secretary is no longer able to
assist the City Clerk's staff.
Annual Employee Cost - $17,636
Equipment Cost - $ 1,650
In addition to the City Manager's recommenda-
tion, the GEP Committee is recommending one
additional position in the Fire Department.
This position was recommended to the Water and
City Growth Committee in December, 1982. The
Bakersfield, California, July 26, 1983 - Page 3
position is a Community Service Technician,
which will be responsible for the City's Weed
Abatement Program. The total cost for the
Community Service Technician will be $16,200
per year. The total 1983-84 employee costs
will be $480,401, and total equipment costs
will be $35,575.
The GEP Committee also discussed requests from
the Chief of Police and the Fire Chief recom-
mending income protection insurance for their
reserves. Last year one of the City's Reserve
Officers was injured while on duty, which
incapacitated him for several weeks. The only
income protection is through the Worker's
Compensation Program, which allows $196 per
week. This amount is not sufficient for the
Reserves to live on while on injury leave.
Both Chiefs have requested that this amount be
increased by $150 per week for the Fire Depart-
ment Reserves and $200 per week for Police
Reserves. The total annual cost to the City
would be $3,400. The Reserve Program is presently
resulting in over $250,000 savings to the City
each year. This Committee feels it is only
fair that the Reserve Officers receive this
additional protection. We, therefore, recommend
approval of both Chiefs' requests.
The GEP Committee received a request from the
retired employees regarding the increase in the
Blue Cross Medical Insurance Program. Their
request was for a 50-50 participation plan by
the City and retired employees. At the present
time, the City is paying approximately one-
third of the total cost for medical insurance
coverage. To pay on a 50-50 basis would cost
the City approximately $52,000 more each year.
The Committee sympathizes with the retired
employees' request, however, we are recom-
mending that the City pay one-third of the
increase for those retired employees with five
to nine years of City service; two-thirds of
the increase for those employees with ten to
fourteen years of service; and the full increase
for those employees with fifteen or more years
of service. We feel this is a fair and equitable
recommendation and reward for those people who
have served the City. We further recommend
that the City insurance program be modified so
that new employees must have at least fifteen
years of service to be included in the insurance
program for retired employees. The total in-
creased cost this year would be approximately
$25,000.
In order to implement this report, we are
recommending Council approval as follows:
1. Receive and approve this report to approve
the change in the Salary Resolution.
2. Approve the job specifications for Com-
munications Engineer.
Bakersfield, California, July 26, 1983 - Page 4
Councilman Payne made a motion that Governmental
Efficiency and Personnel Committee Report No. 11-83 regarding
1983-84 New Position Requests, be accepted and the recommendations
as outlined in the report approved.
Councilman Christensen, for the record, stated since
there are seven wards in the City, he would like to see a minimum
of two Policemen patrolling each ward, rather than the twelve
presently patrolling the entire City.
Police Chief Price stated it takes five Police Officers
to patrol one district 24 hours per day. It would take an addi-
tional five Police Officers, above the requested ten new Police
Officers, to accomplish what Councilman Christensen suggested.
Councilman Means stated he agrees with all of the
requests except that the Secretary assigned to the Mayor's Office
was not intended to be a full-time position. He supports all the
work the ~ayor is doing, however, what has happened is that positic, n
has gone from a half-time position to a full-time position. In
light of everyone having to make cuts he feels the Secretary in
the Clerk's Office, assigned to do the Mayor's work, should go
back, as in the past, to half-time in the Mayor's Office and
half-time in the Clerk's Office.
Councilman Ratty stated Police Officers have been added
to the City in the recent past and in light of the $3,800,000
deficit he feels the Council should approve five new Police Officers
now and review it again in January, 1984, for the other five
positions.
In answer to questions by Councilman Ratty, Police Chief
Price stated they could not realign the districts if all ten
positions are not approved. They would try to fill the existing
vacancies in the districts. He could not honestly answer the
question of whether it would be detrimental to the public health
and safety. The Police Department's calls for services are in-
creasing every year. There were 2 annexations this yea~ which the
CRIS ~odel indicated two Police Officers should have been added at
that time. If only five new Police Officers are approved then, in
Bakersfield, California, July 26, 1983 - Page 5
a sense, service to the rest of the City will be decreased, be-
cause response time would go up. If the Police Officers are hired
tomorrow, it will be six months, from August, before they will be
put on the street. If the approval of the other five Police
O£ficers is delayed six months, it will be one year before they
will be ready for street duty.
Councilman Rockoff stated, at this point, he agrees with
Councilman Ratty, because by delaying the approval of five of the
requested ten Police Officers it would reduce the deficit without
materially affecting the service. The service would not be as
good as it could be, but sometimes things have to be weighed.
City Manager Kelmar stated there is a recommendation in
the Budget Review and Finance Committee Report to reduce the
Council's Contingency Fund. If the Council is going to add five
Police Officers in January, 1984, that fund will be reduced to
almost half, so there would be very little left for emergencies.
Councilman Rockoff stated the Council can look at the
City's financial position at that time to see what can and cannot
be funded. Hopefully, by that time the financial picture will
improve.
Councilman Payne stated the concerns of Councilmen Ratty
and Rockoff are valid and were considered by the Committee. When
it was reviewed by the Committee they were told that there are
usually 6.1 officers off duty in every 24 hour period due to
vacations, sick leave or injuries. The addition of only five of
the requested ten Police Officers could result in a decrease in
services. The last place the Council should consider cutting back
in needed manpower is in an area that directly affects protection
of life and property.
Mayor Shell, in response to Councilman Means' suggestion
that her Secretarial help be cut in half, stated that the Charter
provision on Secretarial help for the Mayor is not very clearly
defined as to the amount of time she is alloted that service. If
Bakersfield, California, July 26, 1983 - Page 6
the Council wants it more clearly defined, perhaps, a Charter
Amendment should be placed on the ballot. Mayor Shell also stated
she did not spend all the funds alloted to the ~ayor's Of£ice in
Fiscal Year 1980-81, 1981-82 or 1982-83, which went back into the
General Fund of the City.
In answer to a question to a question by Councilman
Ratty, City Manager Kelmar stated if the recommendations contained
in the Governmental Efficiency and Personnel Committee Report are
added to the budget deficit the total deficit would be approximateZLy
$4,350,000.
In answer to a question by Councilman Ratty, City Attorney
Oberholzer stated the budget can be amended at a later date, how-
ever, a provision can be made at this time to add the five Police
Officers in January, 1984, if the funds are available.
~rs. Martha Walters, speaking in favor of the request
for ten new Police O£ficers, stated she feels the City should have
Police Precincts in various areas of the City, which would alleviate
a lot of stress on the officers, because they would become acquainted
with their area and citizens. There are vacant buildings that
could be used for that purpose. If the City continues to grow it
will have to be done in the future. The City Police Department and.
County Sheriff's Office should have a cooperative effort rather
than all the hopscotching around different areas and answering
calls. Mrs. Walters also suggested that a Canine Corps be instituted
in the City in cooperation with the County Sheriff's Office for
training and housing the dogs.
Mrs. Elizabeth Van Alstyne, 613 Pebble Beach Drive,
stated she feels the requested ten Police Officers should be approved,
because they are desperately needed. She was told by the County
that the City will receive the property taxes, due to the annexa-
tions of Kern City and Park Stockdale, alloted to the Kern County
Sheriff's and Fire Departments. She also indicated she is willing
Bakersfield, California, July 26, 1983 - Page 7
to pay any amount of taxes as long as the Council promises to spend
it specifically for law enforcement, because that is top priority
in government.
Councilman Payne's motion that Governmental Efficiency
and Personnel Committee Report No. 11-83 regarding 1983-84 New
Position Requests, be accepted and the recommendations as outlined
in the report approved, carried by the following roll call vote:
Ayes:
Councilmen Means, Payne, Ratty, Rockoff, Barton,
Christensen
Noes: None
Absent: None
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 22-83 regarding Operating Budget
for Fiscal Year 1983-84, as follows:
On June 22, 1983, the City Manager submitted a
preliminary budget document for Fiscal Year
1983-84 to the City Council. The preliminary
estimates contained in the recommended budget
reflected a deficit o£ $2,700,000, however,
the City Manager did indicate a number of
alternatives available to the Council in order
to balance the budget. In light of the deficit,
at the Council Meeting of July 6, 1983, the
City Council discussed the possibility of the
number of options that would be considered by
the Budget Review and Finance Committee while
reviewing the recommended budget. After dis-
cussing the matter, the City Council directed
the Budget Review and Finance Committee to have
their budget discussions, this year, open to
the public.
Pursuant to Council direction, public meetings
were scheduled at 12 Noon and 5 P.M. on July
ll, 12 and 18, and 12 Noon meetings scheduled
on July 14 and 15. The news media were sent
news releases of the scheduled meetings in an
effort to encourage attendance by the public.
At our noon meeting of July ll, we took special
note of the rapid growth the City of Bakers-
field has experienced over the past recent years.
Among the items we noted and discussed were
such things as; the City area in square miles,
total street miles in the City, number of City
parks, and Police and Fire calls for service.
We also noted the City has experienced a popu-
lation growth of approximately 20% since the
1980 census alone. Subsequent to our discussions
on the growth of the City, our meetings of July
ll through July 15 were primarily dedicated to
Bakersfield, California, July 26, 1983 - Page 8
hearing presentations from all department heads
and discussed their budget requests and
objectives. Generally, we were pleased to note
the budget requests and proposed objectives
reflected a continuation of the level of
service for Fiscal Year 1983-84 as was provided
to the City in Fiscal Year 1982-83. While we
were pleased with the departmental recommenda-
tions, we recommended the following objectives
be included in the 1983-84 budget:
Include an objective to update the "planning
fees" to ensure the City collects fees
sufficient to cover actual costs.
Include an objective in Fire Safety Control
which addresses and measures in a quanti-
fiable manner the fires per 1,000 population.
Also, under Fire Services Operations,
Objective No. 2 which states, "to continue
the Fire Prevention and Business License
Inspection Programs conducted by emergency
personnel, inspecting all business
occupancies once a year and all hazardous
occupancies four times a year," should be
modified to be more specific and include
measurable quantities.
In the area of Street Maintenance we recom-
mended an objective, as was included in the
1982-83 budget, which addresses the level of
maintenance of City streets with a ratio of
miles per blue collar employee.
o
An objective to reduce the amount of elec-
trical consumption by 10% for City Hall
and the Auditorium.
o
Include in Data Processing an objective to
work with the Kern County Sheriff's Office
in a joint effort so as to develop a
"computer aided dispatch" and Police
information system" for the City.
An objective in Personnel to work with Kern
County Personnel Office to use joint testing
and recruiting where appropriate.
8. An objective to reduce the amount of costs
for long distance calls by 10%.
In addition to discussing the department budget
requests, we requested each department head
consider the deficit being faced by the City
and suggest possible cuts of such magnitude
so as to have a material affect on the deficit.
In each case, the department heads made such
suggestions, and, without exception, noted
these to be suggestions to reduce the proposed
budget and the suggestions would impact and
reduce the level of service, consequently, each
department head stressed they would not
Bakersfield, California, July 26, 1983 - Page 9
recommend the implementation of any of the
suggestions. Although all of the department
heads discussed reductions, some of the more
notable and dramatic changes in the level of
service included such items as; elimination of
"beat officers" on Lakeview, Baker Street and
downtown, the closing of one or more fire
stations, and with each closure the reduction
of nine employees, the reduction or elimination
of street sweeping, the closure of restrooms
and pools in parks and playgrounds, and
reducing the frequency of refuse collection to
once a week.
On Friday, July 15, we concluded our review and
discussions with the department heads with
regards to budget requests.
As was previously anticipated in prior meetings,
our meetings scheduled for Monday, July 18,
would principally be dedicated to alternatives
and options we felt are available to the City
Council for purposes of balancing the City's
budget.
Prior to the commencement of our meetings at
noon, we requested staff to furnish us an up-to-
date expenditure report for 1982-83, in a format
which compared the expenditures to 1981-82, as
well as the City Manager's recommendations for
1983-84. After a brief review of the listing,
we recessed until 5 P.~4. so as to allow adequate
time to review, in detail, the listing and be
able to return with what we believed to be
reasonable reductions in proposed expenditures.
Upon returning to our meeting at 5 P.M. we
recommended the following reductions in pro-
posed expenditures, which total $319,495:
Amount
$ 4,o00
Budget
Page No.
23
Department and Description
City Council - Uniforms and
Accessories
200,000 24
City Council - Unapplied
Appropriations (Contingency)
5,000 31
City Manager - Personnel
Professional and Consulting
Services
5,000 31
City Manager - Personnel/
Other Outside Services
660 32
City Manager - Personnel/
Office & Household Equipment
11,000 34
Community Promotions
Contribution to Chamber of
Commerce
188
Bakers£ield, California, July 26, 1983 - Page 10
Budget
Amount Page No.
Department and Description
$ 7,500 133
Police Services - Materials
and Services NOC
10,000 143 Fire Services - Overtime
Pay
5,000 144
Fire Services - Electricity
3,285 145
Fire Services - Other Out-
side Services
35,000 158
Street Lighting - Electricity
13,000 183
Auditorium - Electricity
4,000 204
Data Processing - Stationery,
Office Supplies
16,050 215
General Services - City Hall
Electricity
It should be noted the $200,000 in the Council
Contingency account is a result of approximately
$100,000 remaining after concluding all salary
negotiations and a reduction in the Council
Contingency for 1983-84 to $300,000 (normally
$400,000). The other recommended reductions
were discussed and reviewed with the appropriate
department heads.
After reviewing the proposed reductions with
staff members, each of the Committee members
presented his plan and recommendations on cost
savings and proposed revenue sources necessary
to balance the 1983-84 budget. The first item
we discussed was the possibility of increasing
the "Room Tax" from 6% to 10%. We noted the
increase would generate approximately $800,000
each year, and if implemented effective August
l, 1983, would generate approximately $735,000
for 1983-84. We further noted a tax of 10% to
be consistent with other cities throughout the
San Joaquin Valley and the State. All members
of the Committee agreed the Room Tax should be
increased to the recommended 10%.
Subsequent to the discussion on the Room Tax,
each member of the Committee presented his
program on what he felt would be the appro-
priate measures necessary for the Council to
approve in order to balance the 1983-84 budget.
The recommendations are summarized as £ollows:
Chairman Rockof£:
Amount
Approve the $319,495 proposed
reductions in expenditures as
itemized above.
$ 319,495
2. Increase Room Tax to 10%. 735,000
Bakersfield, California, July 26, 1983 - Page
Chairman Rockoff (Continued):
Amount
Impose a refuse collection
charge using the schedule
contained in the ordinance
adopted in June, 1978, as a
guide to proportionately
impose the fee on residential
and commercial in such an
amount necessary to balance
the budget.
$1,645,505
$2,700,000*
*(NOTE: Councilman Rockoff noted the $2,700,000
deficit is now approximately $4,000,000.)
Councilman Ratty:
Amount
Approve the $319,495 proposed
reductions in expenditures as
itemized above.
$ 319,495
2. Increase Room Tax to 10%.
735,000
All curbside refuse collection
with exemption for aged and
handicapped.
130,000
Impose a refuse collection
charge "across-the-board" to
both residential and commercial
in proportion to the level of
service they are receiving.
1,515,505
$2,700,000
Councilman Means:
Amount
Approve the $319,495 proposed
reductions in expenditures as
itemized above.
$ 319,495
2. Increase Room Tax to 10%.
735,000
*3.
Sell City surplus property
located in the 2000 block of
"L" Street (previously leased
to the Blood Bank) and surplus
property located on 21st Street
between "M" and "N" Streets.
700,000
Eliminate salary for City
Council members and Planning
Commission members.
13,300
o
Impose a refuse collection fee
on commercial users only, in an
amount necessary to balance the
budget for 1983-84.
932,205
$2,700,000
*(NOTE: It was recommended that this sale be
made to the Redevelopment Agency.)
Bakersfield, California, July 26, 1983 - Page 12
Recommend the City take appropriate steps
to notify the private refuse collectors
the City intends to provide 100% of refuse
collection in future years (beginning
1985-86 - $340,000 savings.)
It was noted the City Council has no authority
to change its salary. Changes in Council
salaries require a Charter Amendment, however,
City Council members are free to donate their
salaries back to the City.
After reviewing the individual recommendations,
the Committee mutually agreed on the following
recommendations
Approve the $319,495 proposed
reductions in expenditures as
itemized above.
$ 319,495
2. Increase Room Tax to 10%.
735,000
Sell City surplus property
located in the 2000 block of
"L" Street and surplus property
located on 21st Street between
"M" and "N" Streets.
700,000
Elimination of salaries for
Planning Commission members.
(Council donation of salaries -
$9,100).
4,200
5. Impose a Refuse Collection Fee. 941,305
$2,700,000
Generally, the Committee was in agreement as to
the necessity of imposing a refuse collection
charge, however, Councilman Means would only
support a recommendation to impose such a fee
on commercial users. Councilman Ratty and
Chairman Rockoff believe the charge should be
imposed on both commercial and residential
properties, and as such, this Committee has
agreed to present both proposals to the City
Council for determination and approval as the
Council so desires.
As we concluded our discussions, we asked the
department heads to once again review their
budget requests and if at all possible come
forth with further reductions in proposed
expenditures, and to look closely at capital
expenditures (especially with regards to
maintenance and repair of buildings), being
proposed to be funded from the General Fund
for 1983-84. Further, we posed several
questions in areas, such as; street sweeping,
refuse collection, minimum Business License
Fees, comparable Business License Fees in
other cities, long distance calls, etc. We
requested the department heads return with
Bakersfield, California, July 26, 1983 - Page 13
a~propriate responses for review by the entire
Council.
In addition to the preliminary budget, we also
received requests for additional funding from
the S.P.C.A., in the amount of $31,320, Bakers-
field Symphony Orchestra $6,500, and the
Cunningham Art Gallery (estimate $12,000).
Those requests are still under consideration
by this Committee.
Finally, we also recognize that the Govern-
mental Efficiency and Personnel Committee will
be making recommendations regarding additional
personnel for the 1983-84 Fiscal Year.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 22-83 regarding Operating Budget for
Fiscal Year 1983-84, was accepted.
Mayor Shell requested comments from people in the
audience.
Mr. Ted Haring, Executive Vice-President of the Chamber
of Commerce and represneting the Board of Directors, stated he was
present regarding the proposed reduction in the amount of funds
for the Chamber of Commerce. They are impressed with the things
the Council and staff has done to get this budget in shape.
Basically, the Chamber wanted to point out that the $20,000 for
the Community Promotion and Industrial Development has not changed
since 1969 and the population has doubled. They are working with
one and one-half persons less than was available two years ago.
The Chamber believes they have been doing a very satisfactory job
in services rendered during the past 14 years. The request for
services has consistently increased and staff has been cut during
that period of time. Mr. Haring outlined some of the tasks they
perform for the benefit of the City. If the Council feels the
$20,000 should, ultimately, be phased out, it is suggested by the
Board that it be phased out at $5,000 per year, so their budget
can be adjusted each year to withstand the reduction.
In answer to a question by Councilman Ratty,
Manager Graviss stated the $7,500 set aside last year
Auditorium
in the budget
192
Bakersfield, California, July 26, 1983 - Page
for the Convention Bureau was not given to them because they did
not match the funds as stipulated by the Council. There were ll
conventions last year and the Auditorium was used 53 days, which
brought in $6,500,000 to the City. Throughout the City there
were 55 conventions this last year, which is an increase.
Mr. Wayne Hathaway, member of the Board and Treasurer of
the Convention Bureau, reported the statistics on the conventions
held this last fiscal year. This organization is working full
time to fill the hotel and motel rooms and they provide a great
deal of service to conventions. Without the Convention Bureau a
lot of that burden would fall on the Auditorium staff, which would
probably have to be increased.
Councilman Ratty stated he would like to encourage the
Convention Bureau to increase their membership so they would be-
come self-supporting. He feels the decrease in the funds provided
by the City will provide the incentive to become self-supporting.
Judy Valenzuela, Convention Bureau, stated the hotels
and motels did not need to join the Convention Bureau because
they were full. Now, with the new hotels and motels being con-
structed in the City they will need the help of the Convention
Bureau. There were 136 conventions brought to the metropolitan
area by the Convention Bureau last Fiscal Year.
Mr. Roy Gargano, representing the Kern County Refuse
Company, stated they were startled to learn that there is a
recommendation from Councilman Means in the Budget Review and
Finance Committee Report that the City take appropriate steps to
notify the private refuse collectors the City intends to provide
100% of refuse collection in future years. After working with
the City for nearly one year negotiating a contract, that has been
referred to in other areas of the State as the best in the State
and have dozens of other areas wanting to retain him to come up
with a similar system, it was startling to hear a minority recom-
mendation to terminate a successful system. This system has worked
!;)3
Bakersfield, California, July 26, 1983 - Page 15
successfully for 20 some years and the City has the best rates in
the State of California. They do not understand where the figure
of $350,000 savings comes from or the basis behind it. They would
like to know if the Council is seriously considering this proposal
or not.
Councilman Means stated his proposal would have to be
approved tonight in order to take effect two years from now. There
is a clause in the contract that states the City can get out of the
contract by giving two years notice. At the end of two years the
City would save $350,000 per year by collecting all the garbage
rather than private collectors doing it. The $700,000 from the
sale of the surplus property would allow the City to fund the
additional ten Police Officers until that two year period is up.
In two years, when the City is out of that contract and collecting
all the garbage, there would be an ongoing savings of $350,000 per
year. The decision will have to be made tonight.
In answer to a question by Mayor Shell, City Manager
Kelmar stated the figure of $350,000 was computed by the Public
Works Department.
In answer to a question by Councilman Christensen, Public
Works Director Hawley stated when the contract was negotiated a
formula was included. The formula included the actual cost for
the City to provide refuse collection service, based on the budget
of the Refuse Division. Once that figure was arrived at, certain
adjustments were made that apply to a private collection that would
not apply to the City. For example; a profit, certain taxes and
licenses, insurance costs, etc., that a private collector has to
pay that the City does not have to pay. The difference in those
two figures is the $350,000.
Mr. Bob Bovee, Consultant and representing the Rubbish
Haulers, stated collecting garbage is a complex subject and Council-
man Means has over similified the matter. Mr. Bovee outlined the
reasons the City has this type of agreement. ?he City has a
Bakersfield, California, July 26, 1983 - Page
balanced system and there is a trend across the Country for cities
to go to the system the City of Bakersfield now has. Cities who
collect all their own rubbish have substantially higher rates. The
City of Bakersfield has a system that has one of the lowest rates,
on a contract, of any City in California and saves between $500,000
and $1,000,000 per year. If this system is abandoned there will
not be any savings to finance the added Police Officers. What the
City will find is that there will be additional costs. Mr. Bovee
requested that this matter be evaluated before taking action.
After a lengthy discussion, upon a motion by Councilman
Payne, the matter of the contracts with private refuse collectors
was referred to the Business Development and Parking Committee for
study and recommendation.
Mayor Shell declared a brief recess at 9:20 P.M. and
reconvened the meeting at 9:30 P.M.
Mr. Pete Jones, President of the Bakersfield Symphony
Orchestra, stated last year they spent $10,280 for use of the
Civic Auditorium and their cost this year will be approximately
$10,000. They are requesting a $10,000 grant from the City in
order to break even with the City for the use of the Civic
Auditorium. They feel they provide a tremendous service to the
City.
In answer to a question by Mayor
Kelmar stated the budget was proposed with
Shell, City Manager
a $2,700,000 deficit,
and the loss of subventions, in the amount of $1,100,000 plus
$550,000 for the Governmental Efficiency and Personnel Committee's
recommendations, must be added to that figure for a total deficit
of $4,350,000. The City has a deadline of August 12, 1983, for
submitting information for the tax rolls to the County and he did
not feel the State will act on the subventions before that time.
Councilman Means stated it is not clear to him that the
City is short that additional $1,100,000 and feels the Legislature
Bakersfield, California, July 26, 1983 - Page 17
will come back with something. He asked what happens if the Garbage
Tax is approved and it is not needed. He feels the budget, as
presented, is balanced, and the Council should deal with that.
Councilman Barton asked if the Council imposes a Refuse
Collection Fee to provide additional revenue to cover the $1,100,01)0
~oss in subventions and later finds out it is not needed, could the
fees be terminated.
City Manager Kelmar stated he could not answer that
question and suggested that the discussion on the Refuse Collection
Fees be held over until tomorrow night in order to allow time to
contact the County and get an answer.
Councilman Rockoff made a motion that the $319,495
reductions in line expenditures be approved.
Councilman Means, referring to the $16,050 expenditure
for City Hall electricity, stated a memorandum was received from
the Public Works Director stating energy could be cut in several
areas, but did not feel $16,050 could be cut. If energy is not
cut by that amount there would not be enough money in the budget
to pay the bills. Councilman Means requested that that objective
be left in the budget and the $16,050 remain in the budget in order
to pay the bills, if necessary.
10% then staff should report the
the Council can make suggestions
If energy cannot be conserved by
actions that have been taken and
at that time.
Councilman Ratty proposed that the Chamber of Commerce's
request of phasing out the City's contribution at $5,000 per year
be approved.
City Manager Kelmar stated there is an additional $1,000
in the Chamber of Commerce's account for extra services that has
never been used that can be deleted. The deletion from the
Chamber of Commerce's appropriation would then be $6,000 instead
of $11,000.
Councilman Ratty stated $5,000 should also be deleted
from the Convention Bureau's appropriation, because they are not
'196
Bakersfield, California, July 26, 1983 - Page 18
making an adequate effort to secure new members and they have been
given incentives which they failed to meet.
Councilman Rockoff stated he disagrees with Councilman
Ratty, because the efforts they make to bring conventions to
Bakersfield provide 10% of the Bed Tax and the Council should not
take away from a revenue source.
Councilman Payne stated he feels the City could lose a
lot more than can be saved by cutting down on the contribution to
the Convention Bureau.
Councilman Ratty offered a substitute motion to reduce
the Convention Bureau's budget by $5,000. This motion failed to
carry by the following roll call vote:
Ayes: Councilmen Means, Ratty, Christensen
Noes: Councilmen Payne, Rockoff, Barton, Mayor Shell
Absent: None
Pursuant to Section 14 of the City Charter, which states
that in case of a tie vote by the Council the Mayor shall cast the
deciding vote, Mayor Shell voted No.
Councilman Rockoff's amended motion that the reduction
in line expenditures, with the exception of $16,050 for City Hall
electricity and altering the reduction to the Chamber of Commerce
from $11,000 to $6,000, for a total reduction of $297,445, was
approved.
Councilman Rockoff made a motion that the Room Tax be
increased to 10%. This motion was unanimously approved.
Councilman Means made a motion to sell two surplus
properties located in the 2000 block of "L" Street (previously
leased to the Blood Bank) and on 21st Street between "M" and "N"
Streets for approximately $700,000, with the stipulation that it
be offered to the Redevelopment Agency for the appraised value.
After discussion this motion was unanimously approved.
Mrs. Martha Walters expressed her objections to land
banking. She felt it should be put on the open market and let the
private sector speculate on it.
lt 7
Bakersfield, California, July 26, 1983 - Page 39
During discussion, City Attorney Oberholzer stated if
the Redevelopment Agency does not want to purchase the two surplus
parcels of property and the Council wants to sell them to the
general public, pursuant to the City's Real Property Disposal
Ordinance, that should be incorporated in the motion.
Upon a motion by Councilman Rockoff the action taken to
sell two surplus properties located in the 2000 block of "L" Street
and on 21st Street between "M" and "N" Streets for approximately
$700,000, with the stipulation that
ment Agency for the appraised value,
Council.
it be offered to the Redevelop-
will be reconsidered by the
Upon a motion by Councilman Means, the two surplus
properties located in the 2000 block of "L" Street and on 21st
Street between "M" and "N" Streets are to be offered, first to
the Redevelopment Agency for the appraised value and if they decide
not to accept the offer, then they are to be offered to the genera~
public pursuant to the City's Real Property Disposal Ordinance.
Upon a motion by Councilman Rockoff consideration of
the elimination of the Planning Commission's salaries and a Refuse
Collection Fee will be held over until the final items in the
Budget Review and Finance Committee's Report are considered.
Councilman Ratty stated he will agree to the request from
the S.P.C.A. for additional funding in the amount of $31,320, how-
ever, he wants the Budget Review and Finance Committee to review
the possibility of requiring Veterinarians to be accountable for
collecting license fees when they see the animals. The present
situation is not working, becuase only about 10% are being licensed.
This matter should also be brought before the County's Intergovern-
mental Relations Committee in order to reach a workable agreement
between the City and County.
Ratty.
money
Councilman Christensen stated he agrees with Councilman
If the Dog License Program is enforced there will be enough
to fund the S.P.C.A.
Bakersfield, California, July 26, 1983 - Page 20
Upon a motion by Councilman Ratty, the additional funding,
in the amount of $31,320, for the S.P.C.A., was approved; and the
matter of requiring Veterinarians to be accountable for collecting
license fees and increasing patrols was referred to the Budget
Review and Finance Committee.
Upon a motion by Councilman Ratty, the Bakersfield
Symphony Orchestra was granted an appropriation in the amount of
$10,000.
Councilman Ratty made a motion that the request from the
Cunningham Art Gallery for an estimated $12,000 for improvements
to that facility be deferred until next year's budget sessions.
Councilman Rockoff stated he feels the restrooms should
be modified for handicapped persons.
General Services Superintendent Jamison stated a handi-
cappied ramp was constructed on the west side o£ the building
approximately 3 years ago, and the cost of modifying the restrooms
would be approximately $4,000.
Councilman Rockoff offered a substitute motion that the
City fund the modifications on the existing restrooms to accom-
modate the handicapped, in the amount of $4,000, and defer the
requests for painting and carpeting until next year's budget
sessions. This motion was unanimously approved.
Councilman Ratty stated he feels the Council should make
a decision on the Refuse Collection Fees before going on with the
budget.
Councilman Christensen stated he will support a Refuse
Collection Fee for commercial property, but because there are so
many people in Bakersfield in the low-income bracket he could not
support it for residential property.
Councilman Ratty stated that would create a split roll
on the taxes and he cannot support it, because it is a bad precedent
to set. He feels the commercial and residential properties should
pay their fair share for collecting refuse.
19',)
Bakersfield, California, July 26, 1983 - Page 21
In answer to a question by Councilman Means, City Manage~?
Kelmar stated at this point the Council still has to raise a little
over $2,600,000.
Councilman Means stated he opposes the residential Refuse
Collection Fee and feels all the City needs at this point is
$1,500,000, because it is not known what the Legislature will do
regarding the subventions from the State. To generate the
$1,500,000 he will only support the commercial fees for refuse
collection. He feels the Council is trying to impose a Garbage
Tax when it is not needed. Councilman Means requested that the
two items be separated, because he does not believe the Council
has to come up with the $2,600,000. He believes the Council only
has to come up with $1,500,000.
Mr. Normal Walters, property owner, stated they do not
want to be over-taxed or taxed if it is not necessary. They do
not want a fee placed on them. They want a tax so it is deductible.
Mr. Walters asked what the rates would be.
Director of Public Works Hawley stated, based on the
present ordinance, single family residences would pay $3.00 per
month. A commercial use with 2 cans would also pay $3.00 per
month. Commercial uses with small bins and twice a week pick up
would pay $15.00 per month, and from there it goes up to as high
as $135.00 per month.
Councilman Barton stated he is not ready to vote on a
Refuse Collection Fee until staff finds out what the restrictions
are about placing items on the tax rolls. Councilman Barton
requested an explanation of the proposed Refuse Collection Fees.
City Manager Kelmar stated the City adopted an ordinance
in 1978, which details certain charges and has been suspended each
year. The present number of services in each of the categories has
been computed to determine what total revenues would be generated
by the present ordinance. That is contained in the first two pages
of a memorandum from the Public Works Director, dated July 6, 1983,
Bakersfield, California, July 26, 1983 - Page 22
Office is the
several years.
it is.
regarding Refuse Charge Revenues Based on Actual Cost. The second
set of numbers are actually based on what the breakdown would be
based on the present budget of the Refuse Program. Under the
present ordinance it is $3.00 per month for a single family residence.
Based on the present cost it is $4.56 per month.
Councilman Rockoff stated Memorandum No. 12, attached
to the Budget Review and Finance Committee Report, regarding
approximately $45,000 for building improvements has not been
discussed.
In answer to a question by Councilman Ratty, Mayor Shell
stated apparently it has been p~anned to remodel the Clerk's and
Mayor's Offices £or many years, but Personnel, Community Develop-
ment and Attorney's Offices had to be completed first. The Clerk's
last one on the list and has been in the budget for
Mayor Shel~ indicated her office is fine the way
City Manager Kelmar stated, as the Mayor indicated, some
of the remodeling around City Hall has been completed. Sometime
in the past damage was done to the carpeting and it does not look
very attractive and the office should be painted. Me did not feel
the Mayor's Office is large enough to handle the number of people
going through there.
Councilman Means indicated he could not support enlarging
an office or getting new carpeting with all the cuts to the budget
the Council has been talking about tonight.
Councilman Payne stated there has been cases where Heads
of State have visited the Mayor's Office and he feels it is critical
to the image of the City to remodel that office.
Councilman Ratty stated due to the cuts made tonight and
imposing fees he could not support it this year.
Mayor Shell declared a brief recess at 10:50 P.M. and
reconvened the meeting at ll:00 P.M.
Bakersfield, California, July 26, 1983 - Page 23
Upon a motion by Councilman Ratty, the remodeling of the
Mayor's Office, Caucus Room and Clerk's Office and replacing carpet
with ceramic tile in the basement of the Police Department, in the
amount of $33,825, was removed from the budget, by the following
roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton
Noes Councilmen Means, Payne
Absent: None
Abstaining: Councilman Christensen
Councilman Ratty made a motion that the City institute
curbside refuse collection service for the entire City, excluding
the elderly and handicapped. After discussion, this motion failed
to carry by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Barton
Noes: Councilmen Means, Rockoff, Christensen, Mayor Shei~
Absent: None
Pursuant to Section 14 of the City Charter, which states
that in case of a tie vote by the Council the Mayor shall cast the
deciding vote, Mayor Shell voted No.
City Manager Kelmar stated he wanted to advise the Council
that funds for the Finance Department and Data Processing will have~
to be provided if the City has to bill for Refuse Collection. A
budget will be furnished to the Council in terms of what additional
costs will be necessary.
Councilman Ratty made a motion that, in order to recover
costs, a minimum Business License Fee be established, dependent upon
departmental involvement necessary to issue the license. This
motion carried by the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton,
Christensen
None
None
Noes:
Absent:
Bakersfield, California, July 26, 1983 - Page 24
Councilman ~eans made a motion to continue the matter of
a Fee Schedule for Traffic Signal Installation to apply to all new
construction throughtout the City and be collected through the
Building Permit process, until tomorrow night. This motion was
unanimously approved.
Councilman Barton made a motion to move to the hearing
on Maintenance District No. 1. This motion was unanimously
approved.
City Manager Kelmar stated, since the Council agreed to
increase the Room Tax, it is very important to enact that ordinance
as soon as possible. It is suggested that the Council call a
Special ~eeting this week.
Councilman Barton made a motion that the Council call a
Special Meeting for 5:00 P.M., Thursday, July 28, 1983, in the
Council Chambers of City Hall, to consider an Emergency Ordinance
relative to increasing the Transient Lodging Tax from 6% to 10%.
Councilman Rockoff stated he feels the matter of an
ordinance regarding the Refuse Collection Fee should be added to
the Agenda for the Special Meeting.
Councilman Christensen offered a substitute motion that
the Special Meeting be limited to only considering the Emergency
Ordinance relative to increasing the Transient Lodging Tax from
6% to 10%. This motion was approved by the following roll call
vote
Ayes
Noes:
Absent:
Councilmen Means, Payne,
Councilman Rockoff
None
This is
Ratty, Barton, Christensen
HEARINGS
the time set for public hearing before the Council
for hearing protests by property owners on the amount of assessment,
the fairness of the benefit formula, parcels of property to be
assessed or reservation by the City of its right to elect to
Bakersfield, California, July 26, 1983 -Page 25
perform work of maintenance by City forces on Maintenance District
No. l, which provides the basis for the benefit assessment for
maintaining street landscaping and irrigation system to be borne
by all parcels or property within Maintenance District No. l,
generally extending west from the east curb line of the median
strip of Gosford Road to the eastern boundary of the Arvin-Edison
Canal and the area extending south from the south curb line of
Stockdale Highway to the centerline of Ming Avenue.
This hearing has been duly advertised and the property
owners notified as required by law.
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being received and no one wishing
to speak in favor, the public portion of the hearing was closed
for Council deliberation and action.
Upon a motion by Councilman Means, Resolution No. 96-83
of the Council of the City of Bakersfield for Maintenance District
No. i approving and adopting the 1983-84 Budget, levying assess-
ments, reserving the right to perform maintenance work by City
forces and authorizing collection of assessments by the Kern County'
Tax Collector, was adopted by the following roll call vote:
Ayes Councilmen Means, Payne, Ratty, Rockoff, Barton,
Christensen
Noes None
Absent: None
This is the time set for public hearing before the
Council for hearing protests by property owners on the amount of
assessment, parcels of property to be assessed or reservation by
the City of its right to elect to perform work of maintenance by
City forces on Maintenance District No. 2, which provides the basis
for the benefit assessment for maintaining a public park to be borne
by all parcels or property within Maintenance District No. 2,
generally bounded by Ashe Road on the east, Ming Avenue on the
south, E1 Portal Drive on the west (including all lots fronting
Bakersfield, California, July 26, 1983 - Page 26
E1 Portal Drive), and Outingdale Drive/Kearsarge Way on the north
(including all lots fronting on Outingdale Drive and Kearsarge Way).
This hearing has been duly advertised and the property
owners notified as required by law.
Letters of protest were received from Mr. & Mrs. G. N.
Buttram, 6712 Kearsarge Way, and J. F. Bergman, 6701 Rexford Way.
Mayor Shell declared the hearing open for public partici--
pation. No protests or objections being received and no one
wishing to speak in favor, the public portion of the hearing was
closed for Council deliberation and action.
Councilman Means stated the people present in the audience
worked very hard to get this park formed.
Upon a motion by Councilman Means, Resolution No. 97-83
of the Council of the City of Bakersfield for Maintenance District
No. 2 approving and adopting the 1983-84 Budget, levying assess-
ments, reserving the right to perform maintenance work by City
forces and authorizing collection of assessments by the Kern
County Tax Collector, was adopted by the following roll call vote:
Ayes Councilmen Means, Payne, Ratty, Rockoff, Barton,
Christensen
Noes None
Absent: None
RECESS
Upon a motion by Councilman Christensen, the Council
recessed its budget session at 11:35 P.M., until Wednesday, July
27, 1983, at 7:00 P.M.
A~YO~~ C i t'y~of B a~l
ATTEST:
CIT d ~k Officio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, July 27, 1983
of
Hall
by
Present:
Minutes of a budget session of the Council of the City
Bakersfield, California, held in the Council Chambers of City
at 7:00 P.M., July 27, 1983.
The meeting was called to order by Mayor Shell,
the Pledge of Allegiance.
The City Clerk called the roll as follows:
Mayor Shell.
followed
Councilmen Means, Payne, Ratty, Rockoff,
Barton (seated at 7:10 P.M.),
Christensen
Absent: None
Upon a motion
Planning Commission, in
eliminated by the following roll call vote:
Ayes:
Noes:
Absent:
by Councilman Ratty, salaries of the
the amount of $4,200 per year, were
City Manager Kelmar stated, at this point in time, the
imposition of a Refuse Collection Fee would generate revenue to
the City in the amount of approximately $2,600,000. Staff contacted
the County today and basically, by August 12, 1983, they need an
indication of whether there will be a Refuse Collection Fee and
what type of property the fee will be imposed on. August 29, 1983,
is the last day the City can let them know what the amount will be.
The Council will have to adopt an ordinance to forward to the
County Board of Supervisors for their approval in order to be
placed on the Property Tax bills. It cannot be changed after that
date.
In answer to a question by Mayor Shell, City Manager
Kelmar stated the $2,600,000 figure takes into account the cuts
the Council made to the budget, plus the $1,100,000 loss of sub-
ventions from the State and that is what is needed to balance the
budget.
Councilman Means asked what the odds were that the
Legislature will keep the subventions when they meet again.
Councilmen Means,
Councilmen Payne,
Councilman Barton
Ratty, Christensen
Rockoff
Bakersfield, California, July 27, 1983 - Page 2
City Manager Kelmar stated, late today, staff received
an updated bulletin from the League of California Cities, which
indicates that the Governor has reduced State expenditures by
$607,000,000. The bulletin states this was done for the express
purpose of asking the Legislature to appropriate such funds back
to local governments via the Motor Vehicle In-Lieu Fees, Cigarette
Tax and Business Tax, so local governments can receive State sub-
ventions. What they indicated, is that, the Legislature has
between August 15 and September 15, 1983, to act, because they are
going to recess on September 15, 1983. It also states how the
Legislature restores or replaces the $600,000,000 is also important
to the League. Any one or combination of measures or options will
be supported by the League; for example, State Sales Tax or other
tax increases (liquor, wine, cigarette, oil severance, etc.), local
options Sales Tax increase, closure of State Tax loopholes or
upholding the Governor's vetoes and simply restoring the $600,000,000
already set aside. Any form of a local option Sales Tax will be
flatly opposed, unless it fully replaces all lost subventions and
guarantees a uniform State-wide local rate, therefore, avoiding the.
creation of intercity competition over which cities have the lower
Sales Tax. From the Sales Tax perspective the League is only
going to lobby for a State-wide uniform Sales Tax increase. There
is no indication, in the bulletin, of how they feel the chances are
of getting the subventions back.
Councilman Means stated the Governor has restored some
of the funds and if that stays the City will not need the additional
money.
City Manager Kelmar stated that is correct, however, the
problem is what happens if the City does not get the subventions.
Councilman Means stated, because of the budget the
Governor signed, he feels the City only needs $1,500,000 to balance
the budget.
Bakersfield, California, July 27, 1983 - Page 3
City Manager Kelmar stated the $607,000,000 is sitting
there. The money has been taken away. There is no guarantee that
money will be given back to the City. It may be the Governor's
intention to give it back to the cities, but who knows what will
happen.
Councilman Means stated that is right and that is his
point.
City Manager Kelmar stated his only concern is, if this
does not materialize before September l, 1983, what will the City
do. The budget could not be adopted, at this point, under what
Councilman Means has indicated, because it would be an unbalanced
budget.
Councilman Ratty stated if the Legislature approves the
use of the $607,000,000, the amount of the Refuse Collection Fees
can be reduced before the August 29, 1983, deadline. He feels the
Council should assume the worst and hope the Legislature comes up
with the funds so the Refuse Collection Fees can be reduced before
that deadline. That way the budget will be balanced and, if the
subventions are granted the fees can be reduced.
In answer to a question by Councilman Christensen, City
Manager Kelmar stated the City has an ordinance that has been in
effect since 1978, but has never been enforced and there is also
a schedule of Refuse Collection Fees based on the present budget.
Based on current costs Refuse Collections for commercial, including
multi-family dwellings, would be $2,600,000 and single family
residential would be $1,640,000.
In answer to a question by Councilman Means, City Manager
Kelmar stated if the multi-family residential was included in the
single family residential the amount would be $2,400,000 and
commercial would be $1,800,000.
Councilman Ratty made a motion that a Refuse Collection
Fee, based on actual cost, be imposed to balance the budget, including
Bakersfield, California, July 27, 1983 - Page 4
the $1,100,000, and if the City receives State subventions by
August 29, 1983, the amount of the fee will be reduced or eliminated.
This motion carried by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Barton
Noes Councilmen Means, Christensen
Absent: None
City Manager Kelmar stated there wil~ be additional
costs for the collection of the Refuse Collection Fees for
personnel, postage, etc., and requested this matter be referred
to the Budget Review and Finance Committee for study and recom-
mendation.
Upon a motion by Councilman Barton, additional costs for
the collection of Refuse Collection Fees, was referred to the
Budget Review and Finance Committee for study and recommendation
by the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton,
Christensen
Noes: None
Absent: None
City Manager Kelmar stated the Council wanted to be
certain that the imposition of a fee for traffic signal installation,
through the Building Permit and Zone Change process, compares with
the County's fees. The fees before the Council are considerably
below the County's fees.
Mayor Shell, reading from a memorandum, cited the following
Building Permit Fees:
1,600 square foot
residence with 2 car
garage and 2 baths.
2,000 square foot
residence with 2 car
garage and 2 baths.
3,000 square foot
residence with 2 car
garage and 3 baths.
City County
$388.00 $ 608.00
633.50 778.00
807.25 1,111.65
Bakersfield, California, July 27, 1983 - Page 5
Councilman Barton made a motion to adopt the fee schedule
for traffic signal installation on all Building Permits and Zone
Changes to bring them in line, as recommended by the staff. This
motion carried by the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton,
Christensen
Noes: None
Absent: None
Councilman Barton stated he feels street sweeping is
very ineffective due to the vehicles parked on the streets. It
should be eliminated or a rule implemented, whereby, the sweepers
can sweep at least 50% of the streets. The City is spending
$700,000 per year for an ineffective service in the residential
areas.
Councilman Barton made a motion that, due to the in-
efficiency of the street sweeping service and waste of $700,000
per year, the matter be referred to the Governmental Efficiency
and Personnel Committee for study and recommendation. This motion
was unanimously approved.
Councilman Christensen, referring to the reference in
the Budget Review and Finance Committee Report No. 22-83 regarding
reducing the frequency of refuse collection to once a week, stated
during the summer months it should be picked up twice a week and
asked how much money would be saved by limiting garbage pick up in
residential areas to once per week during the rest of the year.
Director of Public Works Hawley stated this item was
checked with a number of cities. They did not find any city with
this type of refuse collection service. The main reason is the
difficulty in shifting the employees around. It does not appear
that the savings would be substantial. There would be a substantial[
savings if it was once a week pick up throughout the year.
Upon a motion by Councilman Christensen, the matter of
the frequency of refuse collection in residential areas was referred
to the Water and City Growth Committee for study and recommendation.
Bakersfield, California, July 27, 1983 - Page 6
City Manager Kelmar announced that Roland Woodruff,
Attorney for the Grade Separation District, just informed staff
that the Board of Supervisors approved the County's participation
in the grade separation project on Union Avenue and Golden State
Highway.
Councilman Ratty made a motion that a Refuse Collection
Fee be imposed proportionally between commercial and residential
properties, as noted in a memorandum from the Director of Public
Works, dated July 6, 1983, based on actual cost, in order to
generate $2,600,000 in revenues to balance the budget.
During discussion, Councilman Means stated he does not
feel the City needs the Garbage Tax and he will oppose it. He
felt there are other ways to balance the budget. It, basically.
amounts to a subsidy of the commercial. He felt this is a plum
in front of the Council and easy to grab onto. The Council is
utilizing it in case a circumstance arises when, in fact, those
circumstances may dictate that additional services should be cut,
but to be safe this tax will be implemented at a cost to the home-
owners. If the situation arose where more money is needed it
should be reviewed at that time.
Councilman Christensen stated the financial setup of the
State is too uncertain and he hates to see a tax hung around
peoples necks. He would be willing to tax if the City does not
receive funds from the State, but if people are taxed now it will
be forever. Councilman Christensen stated he could not support
the motion.
Councilman Barton stated he will not gamble on a
$1,100,000 shortfall from the State. He does not like to impose a
tax on people. He did not receive much support for reduction of
some services that the people could do for themselves; such as,
curbside refuse collection and street sweeping. The last resort
is for the Council to approve a revenue generating source. He
does not like a Garbage Tax, but will vote for a balanced budget.
Bakersfield, California, July 27, 1983 - Page 7
Councilman Rockoff stated he agrees with Councilman
Barton and the citizens, etc., will keep reminding the Council that
this tax is on the books, so it will not be forgotten.
In answer to a question by Mayor Shell, City Manager
Kelmar stated a single family dwelling would pay approximately
$3.38 per month.
After a very lengthy discussion, Mayor Shell declared a
brief recess at 8:30 P.~. and reconvened the meeting at 8:40 P.M.
Mr. George Cundiff, City resident, expressed his objection
to the fact that every time there is a crisis the first place they
look to
levied.
Tax.
is the property owners and he felt a Sales Tax should be
Mayor Shell stated cities, by law, cannot levy a Sales
Councilman Ratty's motion that a Refuse Collection Fee
be imposed proportionally between commercial and residential
properties, as noted in a memorandum from the Director of Public
Works, dated July 6, 1983, based on actual cost, in order to
generate $2,600,000 in revenues to balance the budget, carried by
the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Barton
Noes: Councilmen ~eans, Christensen
Absent: None
Assistant City ~anager-Finance Higginbotham stated on
June 22, 1983, the Planning Commission recommended approval of the
Preliminary Ten-Year Capital Improvement Program, consistent with
the General Plan. The Council will only consider the adoption of
the Capital Improvement Program for Fiscal Year 1983-84.
PUBLIC HEARING ON FEDERAL REVENUE
SHARING FUNDS.
Mayor Shell declared the meeting open for public hearing
on Revenue Sharing Funds.
Assistant City Manager-Finance Higginbotham stated the
total amount of expected Revenue Sharing Funds is $2,783,875.
Bakersfield, California, July 27, 1983 - Page 8
City Manager Kelmar stated, at this point, the leglis-
lation has not been approved to continue the program, but it is
apparent everyone is very supportive of it. It is anticipated
that it will be enacted, however, when the Capital Improvement
Budget is adopted, spending of these funds should be conditioned
on approval of the Revenue Sharing Fund Program by the Federal
Government.
No one in the audience indicated a wish to speak and
Mayor Shell closed the public hearing.
CAPITAL IMPROVEMENT PROGRAM 1983-84
The Council and staff reviewed the Capital Improvement
Program for Fiscal Year 1983-84 by categories, as follows:
ENVIRONmeNTAL SERVICES
A total of $31,934,500 is proposed for improve-
ments related to storm drains, sewers and
wastewater treatment for the next ten years.
Storm drains in the amount of $3,157,000 are
being proposed. Included in the 1983-84
proposed budget is the proposed project for
completion of the Sandra Drive Pump Station
Modifications to alleviate flooding along
Sandra and Lowell.
Included in the wastewater treatment projects
is the proposed project to expand Wastewater
Treatment Plant No. 3 in the southwest. Of
the $21 million necessary for the expansion,
$1 million will need to be expended in 1983-84
for engineering costs, bond costs, and other
preliminary costs.
Assistant City Manager-Finance Higginbotham stated the
total amount proposed for storm drains, sewers and wastewater
treatment for Fiscal Year 1983-84 is $1,847,000.
Director of Public Works Hawley stated the preliminary
draft of the Capital Improvement Program indicated that $290,000
would be funded by Water Resources Funds and that money is not
available because it has been used in the General Fund. It will
be necessary to defer or shift the funds for the following projects:
Landfair Pump Station Modifications - $115,000
from Water Resources Funds to Revenue Sharing
Funds.
Fallbrook Street Storm Drains (Hillsborough
Drive to Kentfield Drive) - $25,000 - deferred.
Calcutta Drive Storm Drain (from existing
syphons on Balboa and Palmacia to storm drain
on Chadbourn, approximately 1,200 LF.) -
$70,000 - from Water Resources Funds to
Revenue Sharing Funds in the amount of $60,000.
Bakersfield, California, July 27, 1983 - Page 9
Sandra Drive Pump Station Modifications, Phase
III- $175,000 - deferred.
In answer to a question by Councilman Barton, Director
of Public Works Hawley stated the potential for flooding in the area
of the Sandra Drive Pump Station is still there. The situation
was improved when Phase II was completed. It is recommended, if
funds become available, that the Sanda Drive Pump Station Modifi-
cations, Phase III, and the Fallbrook Street Storm Drains be placed
in the budget for Fiscal Year 1984-85.
Councilman Rockoff stated in last year's Capital Improve-
ment Program $77,000 was budgeted for the University Park Area
Storm Drains (Camden Street/Coronado Avenue/Bonaire Street/Christmas
Tree Lane/Columbus Street/Panorama Drive), and the balance was to
be budgeted in 1983-84, and now that has been deferred to the
1984-85 budget. The residents have been told for several years
this work would be done.
Director of Public Works Hawley stated there are a
number of storm drain projects that have a high priority, including
the University Park Area, unfortunately, funds are not available
and it was necessary to defer them another year. The $77,000
funded last year is still in the budget. The plans have been
completed, construction has not been started, but plans should be
completed within a month. Construction should be started within
three months and should take about 30 days. This project has
several phases and the $77,000 will only complete a small portion.
City Manager Kelmar stated staff evaluates all these
projects and recommends the most critical ones, based on available
funds. The Council always ~as the right to alter any projects
they choose. This is simply a staff recommendation. The staff
does not know how much will be available next year. Depending
on the need, staff has to set priorities.
Councilman Rockoff stated this is a project that has
been promised to the people over the years and he sees funds going
Bakersfield, California, July 27, 1983 - Page 10
to newly constructed areas. As long as there are newly constructed
areas it is very possible this project will never be completed.
Councilman Rockoff recommended that this project be considered
for this Fiscal Year.
Councilman ~leans stated if funds are available he would
like to move the "A" Street Storm Drain Project forward in the
budget.
In answer to a question by Mayor Shell regarding the
Garces Circle realignment, Director of Public Works Hawley stated
the grade separation at the Garces Circle would remain the same.
The circular road would be modified so that the north-south traffic
would not go around the circle. There would be a slight curve,
but, basically, traffic would go straight. There is a traffic
accident problem at that location and for several years this
realignment has been in the planning stages. The Father Garces
Statue could remain, however, it will be in a small island and a
decision will have to be made on whether or not it should be moved
to another location.
Director of Public Works Hawley stated it is being
recommended that the construction of one of the three Domestic
Water Wells on Wastewater Treatment Plant No. 2 Farm ($80,000 -
Water Resources Funds), be deferred for one year.
Upon a motion by Councilman Barton, construction of 3
Domestic Water Wells for Wastewater Treatment Plant No. 2 Farm,
in the amount of $240,000, was referred to the Water and City
Growth Committee for study and recommendation.
RECREATION AND CULTURAL SERVICES
A total of $6,919,760 is proposed for improve-
ments related to City parks and the Civic
Auditorium for the next ten years.
The ten year program provides for $5,387,495
to be expended for new park sites. Of the
proposed new park sites, three are proposed
for ~983-84, totaling $422,495. Consistent
with Council policy, new park sites are not
Bakersf±eld~ California, July 27~ 1983 - Page 11
being developed with City funds. Over the
next two years, it is estimated that it will
be necessary to reroof the Civic Auditorium.
The roof on the Auditorium is the original
roof and is over 20 years old. The estimated
cost to reroof the Auditorium is $631,000 with
$156,000 planned for 1983-84.
PUBLIC SAFETY SERVICES
A total of $3,802,430 is proposed for improve-
ments related to the Public Safety Services of
the Police and Fire Departments over the next
ten years.
The Police Department improvements include
$609,825 for modifications and improvements
to the City's radio communications system.
These proposed modifications are consistent
with recommendations contained in the Stanford
Research Institute Report in 1981. Of the
$609,825, the 1983-84 expenditure is estimated
to be $439,770.
Included in the Fire Department improvements
are proposed costs related to the relocation
of Fire Station No. 3 to Palm Street and Real
Road and the City's 50% share of the County
Fire Station at Brundage Lane and Union Avenue.
These two projects, totaling $664,125 in 1983-
84, are pursuant to the prior plan for Fire
Services Unification in the Metropolitan
Bakersfield Area.
Police Chief Price stated the construction (enclosure)
of a service work area for Communication Technicians, in the amount
of $10,000, has been modified to remodel a structure acquired from
Kelly Associates at about the same cost.
DEVELOPMENT AND TRANSPORTATION SERVICES
A total of $33,835,000 is proposed for
improvements related to streets, street
lighting, and traffic signals for the next
ten years.
The street related projects proposed. are main-
tained at present service levels as was directed
by the City Council to" .not fall behind
the current level of service. ."
Of the projects being proposed, $975,000 is
proposed in 1983-84 for the City's share of
the Union Avenue Grade Separation.
Assistant City ~anager-Finance Higginbotham stated of
the $4,926,000 proposed in this particular section of the budget,
$975,000 is being contributed by developers and private funds,
which is a recent Council policy.
Bakersfield, California, July 27, 1983 - Page 12
Director of Public Works Hawley stated since this budget
was prepared the City entered into an agreement, whereby, Tenneco
Realty Development Corporation has agreed to fund the Truxtun
Avenue and Mohawk Street traffic signal and it is recommended that
the $80,000 of Revenue Sharing Funds be used for a new signal at
Ashe Road and White Lane.
Director of Public Works Hawley presented a memorandum,
dated July 27, 1983, regarding Capital Improvements for Streets,
as follows:
After completion of the Preliminary Capital
Improvement Budget, the City was informed that
additional Transportation Development Act (TDA)
Funds are available for Fiscal Year 1983-84,
due to the Transit District requesting sub-
stantially less TDA Funds for this Fical Year.
The estimated amount of the additional funds
is $1,400,000.
Several very high priority projects were
deferred in the recommended Fiscal Year 1983-
84 Capital Improvement Program due to a shortage
of funds. I am recommending the following
projects be placed in the Fiscal Year 1983-84
Capital Improvement Program using the additional
TDA Funds:
Coffee Road Bridge Con-
struction (at Arvin-Edison
Canal)
$ 260,000
Coffee Road Bridge Con-
struction (at Kern River
Canal)
260,000
Coffee Road Construction
(Westfield Road to Kern River)
175,000
Espee Street Resurfacing
(RR tracks to Union Avenue)
50,000
o
Truxtun Avenue/Mohawk Street
Grade Separation Project Trust
Fund
655,000
TOTAL $1,400,000
In addition, Tenneco has agreed to fund the
Mohawk/Truxtun signal, therefore, I am recom-
mending that these funds be used for the White
Lane/Ashe Road signal.
o
Delete new traffic signal - $ 80,000
at Truxtun Avenue & Mohawk (Revenue
Street Sharing)
Bakersfield, California, July 27, 1983 - Page
7. Add new traffic signal at + $ 80,000
White Lane and Ashe Road (Revenue
Sharing)
TOTAL $ -0-
City Manager Kelmar stated he wanted the Council to be
aware that this additional money that the City is getting is a
result of Golden Empire Transit District securing more Federal
monies for operations. That money is available for transportation,
so it has freed this additional funds, which is a one time thing.
SUPPORT SERVICES
A total of $618,700 is proposed for improve-
ments to City Hall and Corporation Yard for
the next ten years.
Of the projects being proposed, is the project
to reroof the east and north wing of City Hall
in 1983-84. The roof on the two wings is the
original roof and is approximately 25 years
old.
Mrs. Martha Walters, City resident, speaking about the
realignment of the Garces Circle, stated she uses that traffic
circle and has never seen an accident. She asked if that is the
number one accident location in the City. In regards to the
$50,000 budgeted for resurfacing Espee Street, she understands
Hopper's has purchased the area north of Espee Street on "Q"
Street to Union Avenue. She asked what portion of Espee Street
will be resurfaced.
Director of Public Works Hawley stated that this particular
portion of Espee Street is from the railroad tracks to Union Avenue,
however, the budget shows additional locations. This is a public
street and is adjacent to the freeway. Hopper's owns some property
in the area, but this is a public road. In answer to a question
Director of Public Works Hawley stated this is a major street and
he does not anticipate it being closed.
Mr. Norman Walters, City resident, stated Councilmen
Rockoff and Means mentioned items relating to flooding that will
not be done this year. These are important projects and should
supersede the alignment of the Garces Traffic Circle. It is a
City landmark and can reamin the way it is a little longer.
Bakersfield, California, July 27, 1983 - Page 14
Councilman Payne stated if the Garces Circle is one of
the worst intersections in the City, as far as the frequency of
traffic accidents is concerned, the Council has a tremendous moral
responsibility to make public safety and protection of property a
priority over the inconvenience that might be suffered as a result
of flooding.
Director of Public Works Hawley stated his main concern
is public safety and there have been some serious accidents at the
Garces Circle.
Councilman Rockoff stated he would look elsewhere for
the funds for the University Park Area Storm Drains, because the
Garces Circle is a very important project. He stated he would
work closely with the staff to see if funds can be found for the
storm drains.
City Manager Kelmar stated during the year, if there are
savings on certain projects, staff could come back with a report,
last year, and maybe some of these items can be
as was done
implemented.
Adoption of Resolution No. 98-83 of
the Council of the City of Bakers-
field approving and adopting the
Operating and Capita]. Improvement
Budgets for the Fiscal Year 1983-84,
with the condition that no Revenue
Sharing Funds in the Capital Improve-
ment Program be expended until the
Revenue Sharing Program is approved
by the Federal Government.
Upon a motion by Councilman Rockoff, Resolution No. 98-83
of the Council of the City of Bakersfield approving and adopting the
Operating and Capital Improvement Budgets for the Fiscal Year 1983-
84, with the condition that no Revenue Sharing Funds in the Capital
Improvement Program be expended until the Revenue Sharing Program
is approved by the Federal Government, was adopted by the following
roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton
Noes: None
Absent: Councilman Christensen
Bakersfield, California, July 27, 1983 - Page 15
Councilman Rockoff requested that during the year, if
there are savings on projects, that staff come back to the Council
with a report, as was done last year.
Mayor Shell congratulated the Council, Budget Review and
Finance Committee and staff on the deliberation of the budget and
the amount of preparation that went into it. There has been some
very tough decisions that had to be made this year.
Councilman Rockoff commended the staff for the fine job
they did preparing this budget. They came up with the answers
when they were needed by the Council.
Adoption of Resolution No. 99-83 of
the Council of the City of Bakers-
field setting salaries and related
benefits for Officers and Employees
of the City of Bakersfield.
Upon a motion by Councilman Barton, Resolution No. 99-83
of the Council of the City of Bakersfield setting salaries and
related benefits for Officers and Employees of the City of Bakers-
field, was adopted by the following roll call vote:
Ayes
Noes
Absent:
Council,
were
Councilmen Means, Payne, Ratty, Rockoff, Barton
None
Councilman Christensen
ADJOURNmeNT
There being no further business to come before the
upon a motion by Councilman Barton, the budget sessions
adjourned at 9:55 P.M.
MAYOR o~f e City Bakersfield, Calif.
ATTEST:
CIT d Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, July 28, 1983
Minutes of a special meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 5:00 P.M., July 28, 1983.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Ratty, Rockoff, Barton,
Christensen, Means
Absent: Councilman Payne
NEW BUSINESS
Adoption of Emergency Ordinance No.
2861 New Series of the Council of the
City of Bakersfield amending Section
3.40.020 A., of the Bakersfield
Municipal Code relative to Transient
Lodging Tax.
At the Budget Session of July 26, 1983, the Council
called this Special Meeting for the purpose of considering an
ordinance that will increase the Room Tax from 6% to 10%.
Upon a motion by Councilman Christensen, Emergency
Ordinance No. 2861 New Series of the Council of the City of Bakers-
field amending Section 3.40.020 A., of the Bakersfield Municipal
Code relative to Transient
roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Christensen, Means
Noes: None
Absent: Councilman Payne
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Co~Christens~, the~
adjourned at 5:01 P.M. ~it ~ ~a~k
MAYOR of ersfield, Calif.
CITY CLERK an~/Ex O~ficio Clerk of the Council
of the City of Bakersfield, California
ma
Lodging Tax, was adopted by the following
Bakersfield, California, August 3, 1983
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
ttall at 7:00 P.M., August 3, 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,
Absent: None
Means, Payne, Ratty
Minutes of the regular meeting of July 6 and 13, 1983,
were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Reverend Ronald Williams, 834 "R" Street, Pastor of the
Cain Memorial African Methodist Episcopal Church and President of
the United Communities Coalition (U.C.C.), stated he wanted to
bring attention to the proposal that U.C.C. assembled and submitted
to the Council. They have participated in the workshops and
meetings held by the County and City and in an effort to show, what
they believe, is a workable solution and proposal, they are offerini~
this document for the Council's consideration. The proposal contains
a budget, job description and request for funds for one year. They
are not looking for jobs and that is not the reason behind the Fair
Housing Proposal. They believe it is workable and will help solve
some of the problems of the fair housing in Bakersfield. It is
not a program they expect to continue forever and it is hoped that
it will work its way out of business. At the end of one year the
success of the program should be assessed and a determination made
at that time.
Upon a motion by Councilman Rockoff, Fair Housing Proposal[
submitted by the United Communities Coalition, was referred to the
~udget Review and Finance Committee for study and recommendation.
Bakersfield, California, August 3, 1983 - Page 2
CORRESPONDENCE
Upon a motion by Councilman Rockoff, communication from
Greater Bakersfield Memorial Hospital, 420 - 34th Street, dated
July 12, 1983, requesting Revenue Bonds to finance the Expansion
and Improvement Program for Greater Bakersfield Memorial Hospital,
was received and referred to the Budget Review and Finance Com-
mittee.
Upon a motion by Councilman Payne, communication from
the Downtown Business Association, dated July 14, 1983, requesting
changes in the downtown area to help alleviate existing parking
problems during construction of the parking facility at 18th and
Eye Streets, was received and referred to the Business Development
and Parking Committee.
Upon a motion by Councilman Christensen,
from Golden Empire Transit District, dated July 14,
the Proposed Budget for the Golden Empire Transit District for
Fiscal Year 1983-84, was received and ordered placed on file.
Upon a motion by Councilman Christensen, communication
from The Trailer Company, Inc., dated July 22, 1983, regarding
their request of February, 1983, to locate their business on City-
owned property at the intersection of Brundage Lane and Mt. Vernon
Avenue, was received and referred to staff for response.
Upon a motion by Councilman Rockoff, communication from
Assemblyman Sam Fart, dated July 21, 1983, requesting support of
the Parklands Bond Act of 1984 to be placed on the ballot in June,
1984, was received and referred to the Legislative Committee.
Upon a motion by Councilman Barton, communication from
South East Enterprise Zone, P.O. Box 6284, Bakersfield, dated
July 28, 1983, requesting adoption of a resolution recognizing
the South East Enterprise Zone under the guidelines of AB 514 as a
City "Targeted Economic Development Area," and AB 40 as an "Enter-
prise Zone," was received and ordered placed on file.
communication
1983, submittir~g
Bakersfield, California, August 3, 1983 - Page 3
of
Enterprise Zone, was adopted by the following roll call
Ayes: Councilmen Rockoff, Barton, Christensen, Means,
Ratty
Noes: None
Absent: None
Upon a motion by Councilman Ratty,
Adoption of Resolution No. 100-83 of
the Council of the City of Bakers-
field recognizing the Southeast
Enterprise Zone.
Upon a motion by Councilman Barton, Resolution No. 100-83
the Council of the City of Bakersfield recognizing the Southeast
vote:
Payne,
communication from
Kern County Transportation Services,
notifying the
their present
file.
T. W. Smith,
Inc., dated July 25, 1983,
Council that local taxi companies will increase
rate structure, was received and ordered placed on
Upon a motion by Councilman Rockoff, communication from
3908 Panorama Drive, dated July 28, 1983, submitting
a petition containing 400 signatures, requesting the County of
Kern, through its Health Department, to close the Bakersfield
Solid Waste Disposal Site; and requesting the Council direct the
Public Works Department to withdraw its application for a Solid
Waste Facility Permit and negotiate a long-term agreement with the
County for use of their facility, was received and referred to the
Budget Review and Finance Committee.
Upon a motion by Councilman Rockoff, communication from
Mrs. Marco Bruschi, 5909 Cypress Point Drive, dated July 28, 1983,
regarding the City's contract with private refuse collectors and
the Refuse Collection Fee, was received and referred to the
Business Development and Parking Committee.
Councilman Ratty made a motion that the communication
from Mrs.
3, 1983,
the bumper stickers that state
received and ordered placed on
Thelma Hobbs and Mrs. Elizabeth Van Alstyne, dated August
requesting that the Council reconsider their decision on
"It's O.K. Not To Drink," be
file.
224
Bakersfield, California, August 3, 1983 - Page 4
Councilman Rockoff stated whether or not he agrees with
the request to place these bumper stickers on Police vehicles, that
was denied several months ago, he felt some action should be taken
on this request.
Councilman Means stated he recognizes there would be a
number of requests of this type from worthy causes, however, other
organizations, such as the Highway Patrol, have solved it.
Councilman Means offered a substitute motion that the
request to place bumper stickers that state "It's O.K. Not To
Drink," on Police vehicles be approved.
Councilman Rockoff stated he does not feel it is proper
to use Police vehicles in this manner.
Councilman Payne stated he agrees with Councilman Rockoff.
It is not proper to use Police vehicles or any other government
equipment to expound philosophies. It is a very important issue,
however, it is not the only important issue. There are others, such
as; "It's O.K. Not To Smoke," "Use a Gun - Go to Prison," "Prevent
Forest Fires," "Light The Night Stamp Out Crime," "Secret Witness,"
and "Neighborhood Watch." There would be no end to the requests
to place bumper stickers on City vehicles.
Councilman Means' substitute motion that the request to
place bumper stickers that state "It's O.K. Not To Drink," on
Police vehicles be approved, failed to carry by the following roll
call vote:
Ayes:
Noes:
Absent:
Mrs.
1983,
the bumper stickers that state "It's O.K.
and ordered placed on file, was approved.
Councilman Means
Councilmen Rockoff, Barton, Christensen, Payne, Ratty
None
Councilman Ratty's motion that the communication from
Thelma Hobbs and Mrs. Elizabeth Van Alstyne, dated August 3,
requesting that the Council reconsider their decision on
Not To Drink," be received
Bakersfield, California, August 3, 1983 - Page 5
Upon a motion by Councilman Ratty, communication from
Dan Moreland, President of the Palm Mutual Water Company, dated
July 28, 1983, requesting annexation of the Palm ~utual Water
Company, located approximately 600 feet west of the intersection
of State Highway 178 and Alfred Harrell Highway, was received and
referred to the Planning Commission for study and recommendation.
Upon a motion by Councilman Christensen, communication
from Norman M. Walters, 3301 Dwight Street, dated August 3, 1983,
requesting that the Garces Circle be preserved as a historic site,
was received and referred to the Public Works Director.
REPORTS
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 15-83 regarding Downtown
Improvement District - 1983-84 Budget, as follows:
At the request of businesses located in the
downtown area, a Business Improvement District
was established in July, 1968, and is defined
in Chapter 5.04 of the Municipal Code of the
City of Bakersfield. The "purpose and intent"
of the businesses wishing to establish the
Business Improvement District was to impose a
tax upon those businesses within the district
and to use proceeds for promotional activities
within the district. Also, the collection of
the additional tax shall be made at the same
time and in the same manner as any other
business license tax. In addition, the City
code provides that the City Council shall have
sole discretion as to how the monies derived
from this tax are to be used with the scope
of the purpose defined in the City code. Based
upon projected revenues, a budget for the use
of the projected revenues is prepared annually.
At the City Council Meeting of July 6, the
Downtown Business Association (DBA) submitted
the 1983-84 proposed budget. The City Council
referred the matter to the Business Development
and Parking Committee for study and recommenda-
tion.
This Committee has met with representatives
from the DBA to review the proposed budget.
During our discussions, the DBA representatives
requested that the City Council approve their
request to use $3,000 plus interest of "Improve-
ment, Promotion, and Beautification" funds each
quarter, to be applied toward the DBA's obliga-
tion with regard to the parking structure being
constructed at 18th and Eye Streets. We concur
Bakersfield, California, August 3, 1983 - Page 6
with their request and recommend the City
Council direct the City Attorney to prepare
the appropriate amendments to the agreement
between the City and DBA.
We conclude the budget is consistent with the
purpose and intent as set forth in the Municipal
Code and, therefore, recommend the City Council
approve the 1983-84 proposed budget for the Down-
town Improvement District.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 15-83 regarding Downtown Improve-
ment District - 1983-84 Budget, was accepted; proposed budget for
the 1983-84 Fiscal Year for the Downtown Improvement District, was
approved; and request to use $3,000 plus interest of "Improvement,
Promotion, and Beautification" funds each quarter to be applied
toward the DBA's obligation with regards to the parking structure
being constructed at 18th and Eye Streets, was approved and the
City Attorney was directed to prepare the appropriate amendments
to the agreement between the City and Downtown Business Association.
Councilman Christensen, member of the Intergovernmental
Relations Committee, read Report No. 1-83 regarding Kern River
User and Parking Fees, as follows:
The City Council received a request that the
City of Bakersfield join with the County of
Kern in establishing river user and parking
fees. The City Council referred the matter
to the Intergovernmental Relations Committee
for study and recommendation.
This Committee has met with the Intergovern-
mental Relations Committee of the Board of
Supervisors and staff members from the County
and City as well. During our meetings, we
were advised by staff members of recent court
cases and decisions limiting local control
over rivers and streams. As such, we concur
with staff that river user fees should not be
imposed as the present time.
Therefore, this Committee recommends the City
Council not establish river user and parking
fees along the Kern River.
Upon a motion by Councilman Christensen, Intergovern-
mental Relations Committee Report No. 1-83 regarding Kern River
User and Parking Fees, was accepted; and the recommendation not
to establish river user and parking fees along the Kern River,
was approved.
Bakersfield, California, August 3, 1983 - Page
Councilman Rockoff stated he agrees with the report for
the present time, however, it is hoped that in the near future that
the Council provides some metropolitan authority, funded in some
manner, to protect the Kern River and its use, possibly as part of
the overall Kern River Plan.
In answer to a question by ~(ayor Shell regarding the
status of the Kern River Corridor Study, Planning Director Sceales
stated there will be one more public hearing in early September.
After that hearing the plan will be finalized and sent to the
Planning Commission, Council and Board of Supervisors.
Councilman Payne, member of the Legislative Committee,
read Report No. 3-83 regarding Assembly Bills 40 and 514 - Creation
of Enterprise Zones, as follows:
The Legislative Committee met on Monday, July
25, 1983, in response to the letter from the
Southeast Enterprise Zone referred to Committee
at the Council Meeting of July 6, 1983.
The letter requested support of Assembly Bills
40 and 514 dealing with the creation of enter-
prise zones or economic development zones.
These Assembly Bills, which are expected to be
combined before passage, provide that the City
may designate an area as an enterprise zone.
This designation will allow certain benefits
to attract private sector investment into the
area. These bills provide for private invest-
ment and some local tax or fee concessions for
development within the enterprise zone. In
addition, Assembly Bill 514 would create an
additional $75 million of annual authority to
issue industrial development bonds for com-
mercial enterprises within the enterprise zone.
The Legislative Committee believes that these
two bills could provide the impetus to depressed
areas such as the southeast industrial area of
Bakersfield, resulting in increased development
and a higher tax base.
These two Assembly Bills are meant to dovetail
Federal Legislation. It is believed that those
States which enact their own enterprise zone
legislation will have an advantage when and if
the Federal Act is passed.
Consequently, the Legislative Committee recom-
mends the Council adopt a resolution supporting
Assembly Bills 40 and 514.
Bakersfield, California, August 3, 1983 - Page 8
Upon a motion by Councilman Payne, Legislative Committee
Report No. 3-83 regarding Assembly Bills 40 and 514 - Creation of
Enterprise Zones, was accepted.
Adoption of Resolution No. 101-83 of
the Council of the City of Bakers-
field supporting the adoption of
Assembly Bills 40 and 514.
Upon a motion by Councilman Payne, Resolution No. 101-83
of the Council of the City of Bakersfield supporting the adoption
of Assembly Bills 40 and 514, was adopted by the following roll
call vote:
Ayes Councilmen Rockoff, Barton, Christensen, Means, Payne,
Ratty
Noes None
Absent: None
City )~anager Kelmar reported a number of months ago the
City requested the Kern County Water Agency to investigate what
the City believed to be an improper taking of water from Improve-
ment District No. 4 by the East Niles Community Service District.
The taxpayers in Improvement District No. 4 were paying for the
cost of water, as well as, the differential between what they were
paying for the water and cost of treatment. At the Kern County
Water Agency Meeting, last Thursday, a report was made and the
Agency determined that over the past 6 years East Niles Community
Service District has taken approximately 4,500 acre feet of water
out of Improvement District No. 4, which was improper. They are
in the process of negotiating a financial settlement with them.
In addition, the Water Agency has entered into an agreement with
East Niles to prevent that from occurring in the future. The City
has requested, and been granted, the opportunity to look at the
settlement prior to the time the Water Agency acts on it.
again,
report
In the next few weeks the Zone of Benefit hearings will,
occur at the Kern County Water Agency. The Council has a
to the Board of Directors on alternatives for the Zones of
Bakersfield, Caifornia, August 3, 1983 - Page 9
Benefit. He is pleased to announced that the Board is now con-
sidering a number of alternatives, whereas, a few years ago they
would not consider any alternatives. He feels quite a lot of
progress has been made in the last few years in that regard.
It is still felt there are inequities in the Zone of
Benefit No. 7 subsidy on the part of the City taxpayers and the
unincorporated area for two of the purveyors. Staff has not gone
through the calculations yet, however, the Council is requested
to allow the City Manager to make a presentation before the Kern
County Water Agency at the Zone of Benefit hearings, if they feel
the numbers, again, demonstrate that there is an inequity.
Councilman Means stated he feels that City Manager Kelmar
has played a critical role in seeing that the Zone Tax has been
reduced. He testified at the Water Agency hearings and submitted
a proposal on how it should be restricted. He feels it should be
a user pay concept, redistributing the zones and he would not like
to see the City Manager make a presentation on any aspect
other than that. Councilman Means felt the Council should agree
on a proposal, if action is going to be taken.
City Manager Kelmar stated that would be fine, however,
it appears the Water Agency is really making an effort to look at
alternatives. There has been a lot of progress and, hopefully,
they may respond to some of the alternatives.
Councilman Means stated he felt the City Manager could
represent a general consensus among the City residents, or Improve-
ment District No. 4 people, that their burden should be reduced
and they do not buy the economic benefit story that is being put
out. The subsidy paid by Improvement District No. 4 residents
should be less than it is now. That might be a position there
should be some consensus on.
aggressive position on that.
During discussion,
He feels the City should take an
Councilman Ratty suggested that the
Council have a workshop to determine what the alternatives mean.
Bakersfield, California, August 3, 1983 - Page 10
City Manager Kelmar stated he does not believe anyone on
the staff is competent enough to discuss this issue in detail,
however, he could contact the Water Agency to see if someone would
volunteer to conduct a workshop for the Council.
Upon a motion by Councilman Christensen, if the City
Manager feels there is an inequity in Zone of Benefit No. 7, he
was granted permission to appear before the Kern County Water
Agency to make a presentation.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a)
Allowance of Claims Nos. 7469 to 7652 and
28 to 206, inclusive, in the amount of
$1,385,886.32.
(b)
Claim for Damages from Iris R. Ferris,
2513 Renegade Avenue, Bakersfield. (Refer
to City Attorney)
(c)
Claim for Damages from Thomas Arthur
Northrup, 734 Center Avenue, Ottomwa,
Iowa. (Refer to City Attorney)
(d)
Claim for Damages from Walt and Laura
Ghilarducci, 109 Montrose, Bakersfield.
(Refer to City Attorney)
(e)
Claim for
5100 Ming
(Refer to
Damages from Timothy Lee Nelson,
Avenue, No. E-12, Bakersfield.
City Attorney)
(f)
Claim for
3485 East
(Refer to
Damages from Camelia Cross,
Pine Street, Fresno, California.
City Attorney)
(g)
Claim for Damages from Lou Ellen Blizzard,
2601 Columbus Avenue, No. C-5, Bakersfield.
(Refer to City Attorney)
(h)
Claim for Damages from David M. Aranda,
1108 Virginia Street, Bakersfield. (Refer
to City Attorney)
(i)
Claim for Damages from Carl R. Moreland
and Moreland Engineering, Inc., c/o
Solomon & Konoff, Attorneys at Law, 1306
Chester Avenue, Bakersfield. (Refer to
City Attorney)
(J)
Claim for Damages and Personal Injuries
from Gerald Stephan Butler, 1417 Hub
Street, Bakersfield. (Refer to City
Attorney)
Bakersfield, California, August 3, 1983 - Page ll
(k)
(i)
(m)
(n)
(o)
(P)
(q)
(r)
(s)
(t)
Claim for Damages from Herb Lang, 4504
Terra Verde #A, Bakersfield. (Refer to
City Attorney)
Claim for Damages and Personal Injuries
from Frank Clayman-Cook, 2329 Strongs
Place, Venice, California. (Refer to
City Attorney)
Claim for Damages and Personal Injuries
from Charles David Halley, 2862 Sonoma,
Riverside, California. (Refer to City
Attorney)
Dedication of a Storm Drain Easement from
Tenneco Realty Development Corporation
and Quitclaim Deed from the City of Bakers-
field to Tenneco Realty Development
Corporation providing right-of-way to
relocate a storm drain and allow better
utilization of the lot for construction
of a building.
Grant Deed from Vallado Del Rio II, a
Partnership, providing a required drainage
retention basin located in Tract No. 4585,
located south of Stockdale Highway, west
of Allen Road.
Quitclaim Deed from the City of Bakers-
field to Tenneco Realty Development
Corporation. When Castle Park Drainage
Basin was originally deeded, two points
-of access were provided. Since the 15
foot access easement from Half Moon Drive
is not being used, this property owner
has requested that it be quitclaimed back.
Sewer Easement from Tenneco Realty Develop-
ment Corporation providing an easement for
sewer purposes over a portion of Lot 6 in
Tract No. 4251, located north of Westfield
Road, west of Quailridge Drive. This ease-
ment will facilitate provision of sewer
service to southeast corner of Coffee Road
and Truxtun Avenue.
Public Utilities, Sewer and Access Ease-
ment from B. L. Dickinson, Inc., and
Robert A. Wadsworth, as required by the
Planning Commission for Tract No. 4486,
located west of Fairfax Road, north of
Royal Coach Circle.
Drainage Easement from J. L. Dandy, et al,
as required by the Planning Commission for
Parcel Map No. 6698, located south of
Panama Lane, west of Colony Street.
Street Right-of-Way Deed from Sill
Properties, Inc., and Kern County Water
Agency providing dedication of Rio Mirada
Drive and a portion of Arrow Street, as
required by the Planning Commission for
Parcel Map No. 6774, located east of
Pierce Road, north of the Calloway Canal.
232
Bakersfield, California, August 3, 1983 - Page 12
(u)
(v)
(w)
(x)
(Y)
(z)
(aa)
Grant Deed from Tenneco Realty Develop-
ment Corporation providing property for
development of a public park and recrea-
tional facilities on the Amberton Park
site, with the following restrictions:
Park must be developed within 3 years
or ownership shall revert to the
grantor.
o
Should the park site fail to be used
or maintained for any 3 consecutive
year period, then ownership shall
revert to the grantor.
Corrective Quitclaim Deeds from the City
of Bakersfield to SU-JAC Enterprises, Inc.
These easements were created for the
purpose of providing legal vehicular
access and to share one common driveway
for two proposed apartment units to be
built on two separate lots. The apart-
ment 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 the easements be quitclaimed in
order to clear title. These corrective
deeds remove the restrictions and reser-
vations from the Quitclaim Deeds accepted
by the Council on June 22, 1983.
Map of Tract No. 4435 and Improvement
Agreement with Dale W. Brewer for con-
struction of improvements therein, located
north of Panama Lane, west of Wible Road.
Map of Tract No. 4576 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located south of District
Boulevard, west of Gosford Road.
Maps of Tract Nos. 4584 and 4585 and
Improvement Agreements with Vallado De1
Rio II for construction of improvements
therein, located south of Stockdale High-
way, west of Allen Road.
Map of Tract No. 4605 and Improvement
Agreement with Bakersfield No. l, Ltd.,
for construction of improvements therein,
located on the northwest corner of New
Stine Road and Hahn Avenue.
Improvement Agreement for Parcel Map No.
6698 with J. L. Dandy & Company, et al,
for construction of improvements therein,
located south of Panama Lane, west of
Colony Street.
Bakersfield, California, August 3, 1983 - Page 13
(bb)
(cc)
(dd)
(ee)
(ff)
(gg)
(hh)
(ii)
(JJ)
(kk)
Improvement Agreement for Parcel Map No.
6774 with Sill Properties, Inc., for
construction of improvements therein,
located east of Pierce Road, north of the
Calloway Canal.
Notice of Completion and Acceptance of
Work on construction of the Beardlsey and
Rocky Point Diversion Facilities on the
Kern River, Contract No. 82-174 with
Granite Construction.
Notice of Completion and Acceptance of
Work on connection of the Hilton Inn
Water Well to the Fairhaven Water System,
Contract No. 83-51 with Micon.
Notice of Completion and Acceptance of
Work on furnishing and installing a Deep
Well Turbine Bowl Assembly and Suction
Pipe on Ashe Water Pump Plant No. 10,
Contract No. 83-64 with Irrigation Supply
Company.
Application for Encroachment Permit from
A1 Sheridan, 2216 Tilden Way, for con-
struction of a 30 inch high retaining wall
behind sidewalk on Tilden Way and Lahaina
at 2216 Tilden Way.
Application for Encroachment Permit from
City of Bakersfield, Redevelopment Agency,
1501Truxtun Avenue, Bakersfield, Attn:
Dave Kennon, for construction of a new
City parking structure at northwest
corner of 18th and Eye Streets. The
foundations will encroach into the 18th
Street right-of-way and Alley north of
18th Street, five feet three inches and
into the Eye Street right-of-way four
feet.
Application for Encroachment Permit from
B. C. Lockman, c/o S. Mayes, 2031 "F"
Street, Bakersfield, for construction of
a 6 foot high fence at back of sidewalk
on School House Road at 1601 Manning
Street.
Application for Encroachment Permit from
Oscar Macias, 4116 Sugarcane Avenue,
Bakersfield, for construction of a 6 foot
high wood fence behind sidewalk on Akers
Road at 4116 Sugarcane Avenue.
Application for Encroachment Permit from
Finas Barefield, 501 "P" Street, Bakers--
field, for construction of a four foot
high wrought iron fence behind sidewalk
at 501 "P" Street.
Application ior Encroachment Permit from
Kirby Shropshire, 6012 Meadow Glen Way,
Bakersfield, for construction of a 6 foot
wood fence behind sidewalk on Meadow Oaks
at 6012 Meadow Glen Way.
: 34
Bakersfield, California, August 3, 1983 - Page 14
(d),
(q),
(dd),
(11)
Application for Encroachment Permit from
Robert Metzler, 124 Chester Avenue, #D,
Bakersfield, for construction of a 3 foot
high retaining wall behind sidewalk on
Singing Hills Drive and O'Donnell Street,
at 2925 O'Donnell Street.
(mm)
Plans and Specifications for resurfacing
Oak Street between the Oak Street Over-
crossing and 24th Street, and 19th Street
betweek Oak and "F" Streets.
(nn)
Plans and Specifications for resurfacing
portions of "Q" Street between 34th Street
and West Columbus Street, and Espee Street
between 30th Street ana Union Avenue.
(oo)
Plans and Specifications for resurfacing
portions of Wilson Road from Real Road to
Akers Road; White Lane from Stine Road to
Grissom Street; and paving medians on
Ming Avenue from Ashe Road to Gosford
Road.
(PP)
Agreement between the City of Bakersfield.
and Eileen Unruh for instruction in Dance
Classes for a period of three weeks at
Stine School.
(qq)
Novation between Subdivider, a Substituted
Contractor and the City of Bakersfield.
This agreement substitutes Vons Grocery
Company for Peter P. Moses;an as Subdivider
for improvements required for Parcel Map
No. 5179, located at northwest corner of
Wilson Road and Real Road.
(rr)
Resolution of Intention No. 972 of the
Council of the City of Bakersfield, de-
claring its intention to order the vacation
of a portion of Height Street between Mt.
Vernon Avenue and Sunny Lane in the City
of Bakersfield. This Resolution of
Intention sets September 14, 1983, for
hearing on the matter before the Council.
(ss)
Resolution of Intention No. 974 of the
Council of the City of Bakersfield, de-
claring its intention to order the vacation
of a portion of 16th Street lying between
Eye Street and "H" Street in the City of
Bakersfield. This Resolution of Intention
sets September 14, 1983, for hearing on
the matter before the Council.
Upon a motion by Councilman Means, Items (a), (b), (c),
(e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(r), (s), (t), (u), (v), (w), (x), (y), (z), (aa), (bb), (cc),
ee), (ff), (gg), (hh), (if), (jj , (kk), (11), (mm), (nn),
Bakersfield, California, August 3, 1983 - Page 15
(oo), (pp), (qq), (rr) and (ss) of the Consent Calendar, were
adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne,
Ratty
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Barton, low base bid and
Units i and 2, of KIP, Inc., in the amount of $212,795, for
construction of Pacheco Greenbelt Storm Drain, Phase I, was accepted,
all other bids rejected and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Christensen, high bid of
A. J. Jaros, in the amount of $26,300.01, for purchase of surplus
property at 5705 Medio Luna Avenue, was accepted, the other bid
rejected and the Mayor was authorized to execute the Quitclaim
Deed.
Upon a motion by Councilman Rockoff,
Brethren Church of Bakersfield, in the amount
bid of Mennonite
o£ $24,002, for
purchase of surplus property adjacent to Bernard Street Sump,
was accepted and the Mayor was authorized to execute the Quitclaim
Deed.
Upon a motion by Councilman Rockoff, low bid of Granite
Construction Company, in the amount of 920,400, for construction
of improvements on the China Grade Landfill Access Road, was
accepted, the other bid rejected and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Ratty, low bid of Three Way
Chevrolet, in the amount of $8,480, for Two Allison Automatic
Transmissions, was accepted and the other bid rejected.
Upon a motion by Councilman Barton, low bid of Bone and
Son Construction, in the amount of $128,820, for Annual Contract
for Earth Moving and Hauling Equipment for the ~Vater Department,
was accepted, all other bids rejected and the Mayor was authorized
to execute the contract.
236
Bakersfield, California, August 3, 1983 - Page 16
DEFERRED BUSINESS
Adoption of Ordinance No, 2862 New
Series of the Council of the City of
Bakersfield amending Section 17.04.330
J. and adding Sections 17.04.330 K.
and 17.04.330 L. to the Bakersfield
Municipal Code relative to Home
Occupation Permits.
Upon a motion by Councilman Ratty, Ordinance No. 2862
New Series of the Council of the City of Bakersfield amending
Section 17.04.330 J. and adding Sections 17.04.330 K. and 17.04.330
L. to the Bakersfield Municipal Code relative to Home Occupation
Permits,
Ayes:
Noes
Absent:
Abstaining:
was adopted by the following roll call vote:
Councilmen Rockoff, Barton, Means, Payne, Ratty
None
None
Councilman Christensen
Adoption of ~inute Order of the
Council of the City of Bakersfield
affirming the decision of the Board
of Zoning Adjustment granting a
Conditional Use Permit to Dale Hankins
to allow an Oil Well in an R-2 (Limited
Multiple Family Dwelling) Zone, on that
certain property cormmonly known as the
Rio Bravo Golf Course, and denying
appeal therefrom by La Hacienda, Inc.
(Zoning File No. 305).
This Minute Order formally embodies and establishes the
decision of the Council following the appeal hearing on this matter
held July 13, 1983.
Councilman Means stated due to a real or imaginary con-
flict of interest he would not participate in this matter.
Councilman Christensen asked, if Councilman Payne has an
interest in a company which
the area of the golf course,
Is it a conflict of interest
Directors.
is marketing residential property in
is he qualified to vote on this matter..
if he is a member of the Board of
City Attorney Oberholzer stated, if Councilman Payne's
interest is to a degree that he could foreseeably benefit, in the
amount of $250.00 per year, from a decision made by this body, then
Bakersfield, California, August 3, 1983 - Page 17
he would have a conflict. The City Attorney's Office has requested
and received a report from the Fair Political Practices Commission
on Councilman Payne's conflict issues as a result of selling his
interest in Watson Company. Basically, the report stated the fact
that he sold the company, but holds some kind of note :for the
payment on that company, does not create an interest in the company
substantial enough to have a conflict and have to exclude himself
from participation. If he is an independent broker of that company
dealing in a particular area and it foreseeably benefits or affects
his income in the amount of $250.00, or more, per year, then he
would have a conflict.
Councilman Christensen stated how can he serve on the
Board of Directors and not have an interest in the company.
City Attorney Oberholzer stated he does not know what
Councilman Payne's status is with respect to the Board of Directors
of that company or whether it is a paid position or not.
Councilman Christensen requested that the City Attorney
investigate the matter.
City Attorney Oberholzer stated Councilman Payne would
have to tell the Council whether or not he has a financial interest
or not in that company or whether he is dealing with property in
that particular area.
Councilman Christensen made a motion that this matter
be deferred until the City Attorney has made a determination re-
garding Councilman Payne's conflict of interest.
In answer to a question by Councilman Ratty, City Attorney
Oberholzer stated a decision was made by the Council on this matter
at the time the appeal hearing was held. When hearings are held
findings have to be made by the Council and it is impossible to
prepare a document containing those findings at the same meeting,
because it is
Council makes
that decision.
not known what will be presented at the hearing. The
a decision and the City Attorney prepares a record of
Bakersfield, California, August 3, 1983 - Page 18
In answer to a question by Councilman Christensen, City
Attorney Oberholzer stated that in situations like this it can be
difficult to get something through by way of a resolution. There
is no legal requirement that these findings be adopted by resolution.
The Council has always done that in the past, because it preserved ·
the record of the Council in the event there is a challenge in
court. Due to the fact the Council is short one member and the
Council can pass matters from the Board of Zoning Adjustment, but
not have adequate votes to adopt a resolution, an alternative
~inute Order has been prepared for adoption, because the decision
of the Council on an appeal by the Board of Zoning Adjustment is
the decision of the majority voting. If the vote is the same as
it was on the night of the hearing it would be 3 to 2. Consequently,
it would be appropriate, if there are not enough votes to adopt a
resolution, to adopt the ~inute Order that has been prepared so
the three Councilmen will have an opportunity to express their
findings in the event there is a challenge on this in court.
Mayor Shell declared a brief recess at 8:10 P.M. and
reconvened the meeting at 8:20 P.M.
Councilman Christensen stated he does not want to delay
Mr. Hankin's project, but from now on he wants items like this
given to the Council in advance and not at the last minute.
Upon a motion by Councilman Christensen, Minute Order
of the Council of the City of Bakersfield affirming the decision
of the Board of Zoning Adjustment granting a Conditional Use Permit
to Dale ttankins to allow an Oil Well in an R-2 (Limited Multiple
Family Dwelling) Zone, on that certain property commonly known as
the Rio Bravo Golf Course, and denying appeal there£rom by La
Hacienda, Inc. (Zoning File No. 305), was adopted by the following
roll call vote:
Ayes Councilmen Rockoff, Barton, Christensen, Ratty
Noes Councilman Payne
Absent: None
Abstaining: Councilman Means
Bakersfield, California, August 3, 1983 - Page 19
Councilman Barton stated he changed his vote because the
Council, by a majority, rules that the project should continue.
To vote against it at this particular time would be an obstruction
to the will of the Council.
Councilman Payne stated he wanted the record to show that
he did not change his vote.
Adoption of Zoning Resolution No. 306
of the Council of the City of Bakers-
field affirming the decision of the
Board of Zoning Adjustment denying a
Modification to permit the reduction
of the required front yard setback on
66 lots from 25 feet to 22 feet in an
R-1 (One Family Dwelling) Zone, on
that certain property located adjacent
to the north side of Fairview Road,
1,320 + feet west of South "H" Street
and northerly to the extension of
Faith Avenue, and denying appeal
therefrom by Sequoia Engineering, Inc.
This resolution formally embodies and establishes the
decision of the Council following the appeal hearing on this
matter held July 13, 1983.
Upon a motion by Councilman Barton, Zoning Resolution
No. 306 of the Council of the City of Bakersfield affirming the
decision of the Board of Zoning Adjustment denying a Modification
to permit the reduction of the required front yard setback on 66
lots from 25 feet to 22 feet in an R-1 (One Family Dwelling) Zone,
on that certain property located adjacent to the north side of
Fairview Road, 1,320 ~ feet west of South "H" Street and northerly
to the extension of Faith Avenue, and denying appeal therefrom by
Sequoia Engineering, Inc., was adopted by the following roll call
vote
Ayes
Councilmen Rockoff,
Ratty
Barton, Christensen, Means, Payne,
Noes: None
Absent: None
Approval of Agreement between St. John
Manor Housing Corporation and the City
of Bakersfield setting forth the condi-
tions, responsibilities and time frame
for use of Community Development Block
Grant Funds for offsite improvements on
St. John's Senior Citizen Housing
Project.
z40
Bakersfield, California, August 3, 1983 - Page 20
23, 1982.
The Council authorized the granting of $30,000 on June
Upon a motion by Councilman Rockoff, Agreement between
St. John Manor Housing Corporation and the City of Bakersfield
setting forth the conditions, responsibilities and time frame for
use of Community Development Block Grant Funds for offsite improve-.
ments on St. John's Senior Citizen Housing Project, was approved
and the ~ayor was authorized to execute same.
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 5.16.070 A.4. of
the Bakersfield Municipal Code to
allow 8 Players instead of 7 Players
at a table in Cardrooms.
This ordinance was prepared at the direction of the City
Council on July 13, 1983, after a request by Donald Bell. It
affects only the number of players at a table.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 5.16.070 A.4.
of the Bakersfield Municipal Code to allow 8 Players instead of 7
Players at a table in Cardrooms.
Adoption of Emergency Ordinance No.
2862 New Series of the Council of
the City of Bakersfield amending
Sections 8.32.030 A.1., B.l., C.i.,
D., and E.2., Section 8.32.040,
Section 8.32.050, Section 8.32.060
B., Section 8.32.080, Section
8.32.090 A., and Section 8.32.100
of the Bakersfield ~unicipal Code
relative to repealing suspension of
charges, modification of charges,
and collection of charges by the
Tax Collector with Property Taxes
and by direct billing.
This Emergency Ordinance modifies the provisions of
Chapter 8.32, consistent with the directives of the City Council
during budget hearings on the 1983-84 budget.
Mrs. Carol Dykes, speaking in opposition to the Refuse
Collection Fee, stated she feels this is double taxation because
it is being paid for in other ways. There are other ways to find
Bakersfield, California, August 3, 1983 - Page 21
money in the budget, as it is needed. There are a lot of people
living on fixed incomes who cannot afford this tax. She also felt
that the people should have a right to choose how they will pay for
refuse collection and public hearings should be held. Mrs. Dykes
requested that the vote on this matter be delayed until she can
get some answers to her questions.
Councilman Rockoff stated a public hearing was held on
this matter during budget sessions. The budget had to be balanced.
It is true there may be some subventions from the State, if the
Legislature, by a two-thirds vote, gives money back to local govern-
ments. That is not the best gamble in the world and it is not
prudent of any Legislative body to pass an unbalanced budget with
the hope that there will be additional revenue produced at the
discretion of a body that the Council has no control over. City
Manager Kelmar and himself went to see Assemblyman Rogers today and
indicated to him how important it is to the City of Bakersfield to
receive the subventions from the State that have been withheld.
They also spoke, by long distance phone, to a Financial Analyst in
Sacramento, who understands these problems and he could not give any
promises that the City will receive subventions. He was told that
the City needs the subventions and would like to know by August 29th
how much will be received, if any, so the proper amount can be
placed on the Property Tax bills. No one on the Council was happy
to have to assess additional taxes, but the budget has to be balanced.
Everything possible will be done to obtain additional revenue to
minimize the additional tax imposed upon the people of this City.
In answer to a question by Councilman Barton, City Manage~?
Kelmar stated that Property Taxes only generate approximately
$9,000,000 in revenues for the City and it will cost approximately
$25,000,000 to operate the Police and Fire Departments and collect
refuse.
Councilman Barton stated it cost the City a ~ittle over
$4,000,000 to provide refuse service. Property Taxes do not generate
Bakersfield, California, August 3, 1983 - Page 22
by the
Ayes:
Noes:
Absent:
the kind of revenue to balance the services and the State with-
holding subventions has really put a crunch on the City.
After discussion, upon a motion by Councilman Rockoff,
Emergency Ordinance No. 2862 New Series of the Council of the City
of Bakersfield amending Sections 8.32.030 A.1., B.1., C.1., D.,
and E.2., Section 8.32.040, Section 8.32.050, Section 8.32.060 B.,
Section 8.32.080, Section 8.32.090 A., and Section 8.32.100 of the
Bakersfield Municipal Code relative to repealing suspension of
charges, modification of charges, and collection of charges by the
Tax Collector with Property Taxes and by direct billing, was adopted
following roll call vote:
Councilmen Rockoff, Barton, Payne, Ratty
Councilmen Christensen, Means
None
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 12.36 of the Bakers-
field Municipal Code relative to
Curbs, Gutters, Sidewalks, Driveway
Approaches, Connecting Pavement and
Canal Fencing.
This ordinance revises Chapter to add canal fencing to
the list of improvements that are required upon improvement of
property; deletes automatic exemptions in R-1 Zones, M-1 and M-2
Zones; allows the City Engineer to require a cash deposit for such
improvements (except canal fencing) where he finds that construction
within one year would be premature; and gives City Engineer latitude
to condition, as well as waive, requirements where strict application
would be unreasonable.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Chapter 12.36 of the
Bakersfield ~unicipal Code relative to Curbs, Gutters, Sidewalks,
Driveway Approaches, Connecting Pavement and Canal Fencing.
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 southwest corner of
Harris and Wible Roads.
Bakersfield, California, August 3, 1983 - Page 23
The application for this amendment was made by Quadrant
Building Corporation and would change subject properties from an
"A" (Agricultural) Zone to an R-1 (One Family Dwelling), or more
restrictive Zone.
The Planning Commission recommended approval of this
amendment.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Title Seventeen of the
Bakersfield Municipal Code by changing the Land Use Zoning of those
certain properties in the City of Bakersfield located on the south-
west corner of Harris and Wible Roads.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield ~4unicipal Code by changing
the Land Use Zoning of that certain
property in the City of Bakersfield
located on the north side of Panama
Lane, 660 feet west of Wible Road.
The application for this amendment was made by Regional
Mortgage Company and would change subject property from an R-2-D
(Limited Multiple Family Dwelling - Architectural Design) 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 of the
Council of the City of Bakersfield amending Title Seventeen of the
Bakersfield ~unicipal Code by changing the Land Use Zoning of that
certain property in the City of Bakersfield located on the north
side of Panama Lane, 660 feet west of Wible Road.
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 on the north and south sides
of Beechwood Street, 130 feet west of
Starwood Lane; and making findings in
connection with a P.U.D. Zone.
Z44
Bakersfield, California, August 3, 1983 - Page 24
The application for this amendment was made by U. S.
Home Corporation and would change subject properties from an R-2
(Limited Multiple Family Dwelling) Zone to a P.U.D. (Planned Unit
Development) Zone, consisting of 50 low density detached garden
units, 133 medium density townhouses, 118 high density condominiums,
a recreation building and swimming pool.
The Planning Commission recommended approval of this
zone change request, subject to 12 additions to the plan for Phase
I, and 15 additions to the plan for Phase II, 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 on
the north and south sides of Beechwood Street, 130 feet west of
Starwood Lane, and making findings in connection with a P.U.D.
Zone.
Mr. Mark Dickerson, referring to the ordinances changing
the zoning on properties located on the southwest corner of Harris
and Wible Roads and on the north side of Panama Lane, 600 feet
west of Wible Road, stated the intersection of Harris and Wible
Roads have a great deal of water in the winter during the rainy
season and asked if provisions have been made to remedy that
situation.
Director of Public Works Hawley stated Tentative Sub-
division Maps have been received and that question will be addressed.
It is anticipated that the drainage will be improved by the develop-
ment of this property.
Mr. Dickerson stated the residents of this area are very
concerned about the road conditions, water continuing to settle in
the area and having to be pumped out by City trucks. If there is
going to be a zone change from "A" to R-1 this is the time to
address the whole problem.
Bakersfield~ California, August
3, 1983 - Page 25
City Attorney Oberholzer stated this matter is a zone
change and the requirements Mr. Dickerson is talking about are
placed on properties at the time the Subdivision Maps are approved.
Curbs, gutters and sidewalks are not a requirement of a Zoning
Ordinance.
Director of Public Works Hawley stated Mr. Dickerson's
questions could be answered by coming into the Public Works or
Planning Departments.
Adoption of Resolution No. 102-83
amending Resolution No. 65-83
authorizing and directing percentage
of annual installments be assessed
for expenses of collection - Stock-
dale Sewer Trunkline - Assessment
District No. 82-1 (Resolution of
Intention No. 955).
This resolution increases the percentage to be collected
for each installment on Assessment District No. 82-1 to a full one
percent. This one percent annual charge will generate approximately
$7,000, which is the amount needed to cover the expenses on billing
and collection for the Assessment District.
Upon a motion by Councilman Rockoff, Resolution No. 102-83
amending Resolution No. 65-83 authorizing and directing percentage
of annual installments be assessed for expenses of collection
Stockdale Sewer Trunkline - Assessment District No. 82-1 (Resolution
of Intention No. 955), was adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne,
Ratty
Noes: None
Absent: None
Adoption of Resolution of Intention
No. 973 of the Council of the City of
Bakersfield to establish Maintenance
District No. 8.
This resolution declares the intention of the City
Council to establish a Maintenance District to pay the costs and
expenses of maintaining and operating parks, street median and
parkway landscaping, slopes and drainage facilities in the area
Bakersfield, California, August 3, 1983 - Page 26
of the City generally bounded by Morning Drive on the east, College
Avenue on the south, Fairfax Road (including those parcels adjacent
to Fairfax Road) on the west, and State Route IV Ker 178 on the
north. The formation of this Maintenance District has been
requested by the owner/subdivider of the major portion of the
proposed district; no negative response has been received to a
letter sent to all other owners in the proposed district advising
them of these proceedings.
Upon a motion by Councilman Rockoff, Resolution of
Intention No. 973 of the Council of the City of Bakersfield to
establish Maintenance District No. 8, was adopted by the following
roll call vote:
Ayes Councilmen Rockoff, Barton, Christensen, Means, Payne,
Ratty
Noes
Absent:
None
None
Adoption of Resolution No. 103-83 of
the Council of the City of Bakers-
field preliminarily adopting, con-
firming and approving Public Works
Director's Report; appointing time
and place for hearing protests to
the proposed District, the boundaries
thereof, the fairness of the benefit
formula, the amount of assessment to
be levied against each parcel, and
the reservation of right to perform
work by City forces. (Resolution
of Intention No. 973 - Maintenance
District No. 8.)
This resolution gives preliminary approval to the Report
of the Director of Public Works, including the Maintenance District
No. 8 boundary, benefit formula, budget and assessments, and sets
the protest hearing for the Council Meeting of September 14, 1983.
Upon a motion by Councilman Ratty, Resolution No. 103-83
of the Council of the City of Bakersfield preliminarily adopting,
confirming and approving Public Works Director's Report; appointing
time and place for hearing protests to the proposed District, the
boundaries thereof, the fairness of the benefit formula, the amount
of assessment to be levied against each parcel, and the reservation
Bakers£1eld, California, August 3, 1983 - Page
of right to perform work by City forces (Resolution of Intention
No. 973 - Maintenance District No. 8), was adopted by the following
roll call vote:
Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne,
Ratty
Noes: None
Absent: None
Approval of Application to the State
Department of Health for a Permit to
operate two additional wells in the
Ashe Water System and two wells in
the Fairhaven Water System.
Well No. 12 was recently accepted by the City and is
located on Warrenton Avenue, south of Stockdale Highway. Well
No. 13 is completed and is located on Truxtun Avenue Extension.
Fairhaven Well No. F101 was acquired with the Fairhaven
acquisition and is located on Burr Street. Well No. F102 has
recently been tied to the Fairhaven System and is directly behind
the Hilton Inn, south of Rosedale Highway.
This permit is required by the State Department of Health.
Upon a motion by Councilman Christensen, Application to
the State Department of Health for a Permit to operate two addi-
tional wells in the Ashe Water System and two wells in the Fairhaven
was approved and the Mayor was authorized to execute
Water System,
same.
Approval of Agreement with the County
of Kern for continuation of the Adult
Diversion Program, a cooperative
effort between the Kern County Pro-
bation Department and the Bakersfield
Police Department.
This agreement between the County and City continues a
process of diverting young adult first offenders of minor offenses
from being processed in the normal manner through the criminal
justice system. It is essentially the same agreement approved by
the Council on July 21, 1982, with the only significant changes
being a new budget and an updated need statement (describes the
program and benefits).
Bakersfield, California, August 3, 1983 - Page 28
Upon a motion by Councilman Ratty, Agreement with the
County of Kern for continuation of the Adult Diversion Program, a
cooperative effort between the Kern County Probation Department
and the Bakersfield Police Department, was approved and the Mayor
was authorized to execute same.
Approval of request to retain surplus
equipment - Large Commercial Trailer.
The City recently purchased a new truck, which replaced
a tractor trailer combination that is used to service refuse drop
off boxes. The old tractor unit is in poor mechanical condition
and should be disposed of at auction, however, the old trailer
unit is in fair condition and could be used on an emergency basis.
The Public Works Department
to retain the trailer unit, which has
trailer is 13 years old, but could be
is requesting Council approval
been declared surplus. The
used for several more years
without major work. The trailer would be used as a back up when
the new truck is out of service for unscheduled repairs.
Upon a motion by Councilman Rockoff, request to retain
surplus equipment - Large Commercial Trailer, was approved.
Councilman Payne made a motion to adjourn. This motion
failed to carry by the following roll call vote:
Ayes: Councilman Christensen
Noes: Councilmen Rockoff, Barton, Means, Payne, Ratty
Absent: None
Councilman Rockoff stated the Budget Review and Finance
Committee met today regarding cost of billing for Refuse Collection
Fees and it was decided that the Committee needed additional infor-
mation before a significant amount of money is appropriated for the
collections, however, a minor amount should be approved to allow
the work to begin.
Upon a motion by Councilman Rockoff, expenditure of funds
up to $5,000, was approved for temporary personnel to begin estab-
lishment of accounts for Refuse Collection Fees, by the following
Bakersfield, California, August 3, 1983 - Page 29
roll
Ayes:
Noes:
Absent:
Council, upon a motion by Councilman Barton,
adjourned at 9:10 P.~.
call vote:
Councilmen Rockoff, Barton, Payne, Ratty
Councilmen Christensen, Means
None
ADJOURNMENT
There being no further business to come before the
the meeting was
ATTEST:
CITY CLERK and/Ex Officio Cl~rk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, August 10, 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., August 10, 1983.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Reverend Ed Meissner
of the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Barton, Christensen, Means,
Payne, Ratty, Rockoff
Absent: None
Minutes of budget
special meeting of July 28,
sessions of July 26 and 27, 1983, and
1983, were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Dave Spencer, 6201 Manchester Lane, stated he is
trying to establish a local limousine service, but has been unable
to obtain a license because of several laws in the ordinance. lie
has corresponded with the City Attorney and supports the revisions
to the ordinance coming before the Council tonight.
Mrs. Patsy Ladd, 3604 "K" Street, spoke in support of
an amusement park being located in Bakersfield.
~r. A.D. Gardner, 6504 Saddleback Drive, submitted a
letter and petition requesting Council rescind the public endorse-
ment of the unrestricted recreational use of the settling pond
adjacent to the Truxtun Avenue Extension, and restrict or prohibit
further use of that pond until certain conditions are met. Mr.
Gardner stated that when he was circulating the petition many
people expressed concerns about the traffic hazards caused by vehicles
entering and exiting the site; parking along the roadway; safety;
noise caused by ski machines; dust; blowing sand;and trash. Mr.
Gardner further requested that, if the Council decides to allow
use of the pond for recreation, in order to protect the safety,
health and well being of the people using the streets and living
near the site that
Bakersfield, California, August 10, 1983 - Page 2
1. Activity be limited to daylight hours only.
2. Adequate traffic control facilities be
installed.
3. Restrict use of the water to non-motorized
activity.
4. Trash receptacles be installed and maintained.
5. Adequate filtration equipment to insure safe,
healthy conditions of the water and sanitary
facilities for human waste disposal be
installed.
Councilman Barton stated the settling pond issue, and
the Kern River, from the mouth of the Canyon to Interstate 5, are
both under study and havebeen referred to the Water and City Growth
Committee.
Councilman Barton made a motion that correspondence and
petitions received from A.D. Gardner, 6504 Saddleback Drive, dated
August 10, 1983, be received, placed on file and referred to the
Water and City Growth Committee.
In answer to a question, City Attorney Oberholzer stated
that if the settling pond is used for recreation purposes, staff
would determine if an Environmental Impact Report would be necessary.
There is an evaluation that staff goes through to determine what
kind of Environmental Impact Study would have to be done. The
Committee will decide if there is going to be a project at that
location. There would only be an Environmental Impact Report of
some kind if there is a project.
In answer to a question, Director of Water Resources
Dow stated the water recharge basin on Truxtun Avenue Extension
is not part of the Kern River.
Councilman Barton stated there has been a study going on
for the past year and one-half dealing with that portion of the
Kern River on City property located between Manor Drive and Inter-
state 5. This study is concerned with the kinds of uses that can
be put on the Kern River. One use allowed is a recharge basin, which
is located on the lower 29 acres, and because of heavy rains has
Z52
B~kersfield, C~li£orni~, ~ugust 10, 1985 - ~e 3
stayed full this year. People have started using that recharge
basin as a recreational area. The question is whether that re-
charge basin should be used as a
Instead of saying absolutely no,
Water and City Growth Committee.
limited recreational facility.
the issue was referred to the
As a member of that Committee,
Councilman Barton stated he would like to see how the recharge
basin's use as a limited recreational facility fits in with the
overall General Plan for the Kern River, and how the Council will
mitigate some of the problems brought out
Councilman Barton's motion that
petitions received from Mr. A.D. Gardner,
in Mr. Gardner's letter.
correspondence and
6504 Saddleback Drive,
dated August 10, 1983, be received, ordered placed on file and
referred to the Water and City Growth Committee, was approved.
Approval of Maps of Tract Nos. 4407,
4486, 4621 and Improvement Agreements
with B. L. Dickinson, Inc., located
east and west of Fairfax Road, south
of Paladino Drive, and Improvement
Agreement with B. L. Dickinson for
construction of Fairfax Road.
Mr. Berdell Dickinson, 3904 Panorama Drive, requested
that the Council consider a Consent Calendar item at this time.
City Manager Kelmar stated Mr. Dickinson has complied
with all requirements, staff has no objections and recommends
approval of Mr. Dickinson's request.
Upon a motion by Councilman Rockoff, ~4aps of Tract Nos.
4407, 4486 and 4621 and Improvement Agreements with B. L. Dickinson,
Inc., located east and west of Fairfax Road, south of Paladino Drive,
and Improvement Agreement with B. L. Dickinson for construction of
Fairfax Road, were approved.
Mr. Jim Huber, 5111 Hunter Avenue, spoke regarding Warner
Cable Company's billing policy requiring the customer to make pay-
ment for cable service approximately 45 days in advance of receiving
service.
neither
In answer to a question, City Attorney Oberholzer stated
of the cable companies in Bakersfield have an exclusive
Bakersfield, California, August 10, 1983 - Page 4
franchise. They are non-exclusive franchises, which means any
cable company can come into Bakersfield and operate in the same
terriroty that the other cable company operates. The Council has
the ability to control the rates pursuant to the ordinance, which
was adopted some time ago, but, by way of an amendment, the Counci~
has deregulated the cable companies from the standpoint that they
submit their rates to the Council, and if Council does not act
within 30 days those rates become effective. The Council has no
direct control over billing procedures. There is nothing in the
franchise that would authorize it. However, indirectly the Council
would have control, by setting rates or holding hearings to deter-
mine what those rates should be. There is a State Law, now on the
books, that Warner Cable could comply with, which would remove the
ability of the City Council to regulate rates. Warner Cable has
not chosen to operate under those provisions of the State Law. He
further stated that the Council could take back control of setting
rates.
Upon a motion by Councilman Christensen the issue of
cable company billing policies was referred to the Budget Review
and Finance Committee.
Councilman Means requested that the issue of regulation
of rates by cable companies also be referred to the Budget Review
and Finance Committee.
Councilman Christensen's amended motion to refer the
billing policies and regulation of rates of cable companies was
referred to the Budget Review and Finance Committee for study and
recommendation.
CORRESPONDENCE
Upon a motion by Councilman Means, communication from
Howard D. Polland, Pacific Gas and Electric, 1918 "H" Street, dated
July 20, 1983, extending an invitation to the Council to attend an
Energy Seminar at the Casa Royale Motor Inn on Thursday, August
1983, was received and ordered placed on file.
Bakersfield, California, August 10, 1983 - Page 5
Upon a motion by Councilman Rockoff, communication from
Raggtime Clothing Brokerage, 1512 - 18th Street, dated August 3,
1983, regarding withdrawal of petition submitted to the Council on
July 21, 1983, requesting a change or modification of the manner
in which retail stores are classified for tax purposes, was received
and ordered placed on file.
Upon a motion by Councilman Christensen, communication
from Sun Aire, 210 North E1 Cielo Road, Palm Springs, dated August
3, 1983, requesting use of the City Seal on the side of their air-
craft (No. N752S), was received and referred to the Business
Development and Parking Committee.
COUNCIL STATEMENTS
Councilman Means stated he has had a large number of
complaints regarding the power outages in the Southwest part of
the City. He is especially concerned with the Kern City area and
Rosewood Health Facility and Retirement Community. He would like
to have a representative from Pacific Gas and Electric Company
come before the Council and explain the areas that typically have
higher incidents of power outages and the priorities of bringing
different areas back on line.
Upon a motion by Councilman Means, staff was requested to
invite Pacific Gas and Electric Company representatives to come to
the Council )4eeting of August 24, 1983, and make a presentation
regarding the frequency of power outages in the Southwest and the
restoration of power to those areas in stages and by priority.
Mayor Shell announced to the Council and passed around a
picture of a musical group in Birmingham England that has adopted
Bakersfield. They sing Country Western Music, their name is Bakers.-
field, and they wear a costume that is similar to the Bakersfield
Police Department's uniform.
REPORTS
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 23-83 regarding Billing and
Collection of Refuse Charges, as follows:
Bakersfield, California, August 10, 1983 - Page 6
When the City Council adopted the Ordinance
imposing charges for Refuse Collection, it
recognized the need to provide funding for
additional staffing and related operating
expenses. The City Council referred the matter
to the Budget Review and Finance Committee for
study and recommendation.
This Committee has met with City staff to re-
view the budgetary requirements. We noted the
Public Works Department, as well as the Finance
Department, have budgetary requirements.
Further, we requested staff provide this Com-
mittee with cost comparisons if we opted to
consider contracting out the additional work
required.
Staff has contacted several local services,
locating only one firm capable of providing
this type of service. Further, the service
the firm could provide would relieve budgetary
requirements in the Finance Department only.
For the Fiscal Year 1983-84, the budgetary
requirements using City staff total $53,200, as
compared to $64,650, using an outside service
bureau.
Therefore, we recommend the City Council approve
funding for 1983-84, in the amount of $53,200,
as itemized in the August 5, 1983, memorandum
from Gregory J. Klimko, Finance Operations
Manager.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 23-83 regarding Billing and Collection
of Refuse Charges, was accepted; funding for 1983-84, in the amount
of $53,200, as itemized in the memorandum from Gregory J. Klimko,
Finance Operations Manager, was approved; and potential staff
increase was referred to the Governmental Efficiency and Personnel
Committee.
Councilman Means stated he would support this motion
because the staff would be used to provide all services to collect
the commercial garbage charge.
In answer to a question, Councilman Rockoff stated this
funding is to get sufficient information for the billing of the
commercial and apartment properties.
City Manager Kelmar stated that there would be residential
billings during the course of the year for new homes.
Bakersfield, California, August 10, 1983 - Page 7
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 16-83 regarding Chauffeured
Driven Limousine Service, as follows:
Recently the City Council received a report
from the City Attorney regarding proposed
Ordinance revisions relative to Chauffeured
Driven Limousine Service. The matter was
referred to the Business Development and
Parking Committee for study and recommendation.
This Committee has met with members of staff
to review the proposed revisions. Principally,
the Ordinance revisions delete: (1) the require-
ment for identification signs on limousines; (2
the provision prohibiting the exclusive use by
an individual; and (3) the provision that
requires no taxi meter be installed. Also, the
proposed Ordinance increases the maximum rates
that may be charged. We also noted the Chief
of Police has no objections to these proposed
changes.
We concur with the proposed Ordinance revisions
and, therefore, recommend the City Council
approve the Ordinance and consider this first
reading.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 16-83 regarding Chauffeured Driven
Limousine Service, was accepted.
First reading of an Ordinance of the
Council of the City of Bakersfield
repealing Section 5.50.220 and amend-
ing Section 5.50.230 B. of the
Bakersfield ~unicipal Code relative
to Chauffeured Limousine Service.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield repealing Section 5.50.220 and
amending Section 5.50.230 B. of the Bakersfield Municipal Code
relative to Chauffeured Limousine Service.
Director of Fire and Development Services Needham reported
on the emergency activity during the July 4th Holiday this year.
There were 43 fires determined to be caused by Fireworks, legal
and illegal. The total loss caused by Fireworks was $40,450.00.
There were nine injuries reported to local hospitals as a result
of the use of Fireworks. This year the number of days for the sale
of Safe and Sane Fireworks was reduced by the Council, which had a
Bakersfield, California, August 10, 1983 - Page 8
positive and significant effect on the fire loss and number of
injuries. In 1982 there were 58 fires and in 1981 there were 70
fires. In 1982 the fire loss was $101,000 and in 1981 the fire
loss was $89,000. Compared to $40,450 this year, there has been
a significant reduction. The number of fire related injuries in
1981 was 21, in 1982 it was 15 and in 1983 it was 9. The Council's
decision to reduce the number of days had a positive effect on fires
and injuries caused by Fireworks.
In answer to a question, Fire and Development Services
Director Needham stated that most cities in the State of California
a~low Fireworks.
Upon a motion by Councilman Ratty, report from the Director
of Fire and Development Services regarding Fireworks, was accepted.
NEW BUSINESS
Adoption of Resolution No. 104-83 of
the Council of the City of Bakers-
field providing for the collection
of Sewer Charges by the County Tax
Collector.
This resolution authorizes the County Tax Collector to
collect the Sewer User Charges, which are to be billed by the
at the time of billing for Property Taxes.
Upon a motion by Councilman Ratty, Resolution No. 104-83
the Council of the City of Bakersfieid providing for the collection
Sewer Charges by the County Tax Collector, was adopted by the
County
of
of
following roll call vote:
Ayes: Councilmen Barton, Payne, Ratty,
Noes: Councilmen Christensen, Means
Absent:
None
Rockoff
Adoption of Resolution No. 105-83 of
the Council of the City of Bakers-
field establishing Sewer Service User
Charges and Fees for Fiscal Year
1983-84.
This resolution sets fees and charges for sewer services
provided by the City during the 1983-84 Fiscal Year.
Bakersfield. California, August 10, 1983 - Page 9
Upon a motion by Councilman Ratty, Resolution No. 105-83
of the Council of the City of Bakersfield establishing Sewer Service
User Charges and Fees for Fiscal Year 1983-84, was adopted by the
following roll call vote:
Ayes: Councilmen Barton, Payne, Ratty, Rockoff
Noes: Councilmen Christensen, Means
Absent: None
Adoption of Resolution No. 106-83 of
the Council of the City of Bakers-
field providing for the collection
of Refuse Charges by the County Tax
Collector.
This resolution is a procedural prerequisite to having
the County Tax Collector collect refuse charges imposed under
Ordinance No. 2863 upon single family residences, duplexes, tri-
plexes and fourplexes, and is consistent with provisions in that
Ordinance, which stated that such charges would be referred to the
County for collection.
Upon a motion by Councilman Rockoff, Resolution No. 106-83
of the Council of the City of Bakersfield providing for the collec-
tion of Refuse Charges by the County Tax Collector, was adopted by
the following roll call vote:
Councilmen Barton, Payne, Ratty, Rockoff
Ayes:
Noes:
Absent:
Councilmen Christensen, Means
None
HEARINGS
This is the time set for hearing before the Council on an
Appeal by William G. McClure, Sales Representative of Ad-Art, Inc.,
to the denial by the Planning Commission of a Special Sign Permit
for property located at the southeast corner of 20th and "G" Street~s.
Projecting signs are included under specified prohibition~s
in the Sign Ordinance. Existing projecting signs are considered
nonconforming and must be removed within 10 years of the adoption
of the Sign Ordinance or July, 1986.
Bakersfield, California, August 10, 1983 - Page l0
Projecting signs may be installed upon approval of the
Planning Commission of a Special Permit as provided in the ordinance.
Itowever, the ordinance states that such sign shall not be permitted
unless the applicant demonstrates a lack of sufficient sign locations
to provide reasonable opportunity to identify and advertise the
business, the relationship of the building to other buildings on
the same street as to setback, size and existing signage.
This building is on a corner parcel constructed on the
property lines, and has extensive wall area. Accordingly, the
Planning Commission felt there was absolutely no justification for
granting the request.
A letter was received on August 8, 1983, from Ad-Art,
Inc., 3133 North Ad-Art Road, Stockton, California, requesting
postponement of this hearing until the next regular Council Meeting.
In answer to a question, City Attorney Oberholzer stated
the proper procedure to preclude the necessity of readvertizing the
hearing, would be to open the hearing for any testimony, and prior
to closing the hearing, continue it until September 14, 1983.
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being received, and no one wishing
to speak in favor, the public portion of the hearing was closed for
Council deliberation and action.
Mayor Shell rescinded the statement she made regarding
closing the public portion of the hearing.
Upon a motion by Councilman Rockoff, the public hearing
before the Council on an Appeal by William G. McClure, Sales
Representative of Ad-Art, Inc., to the denial by the Planning
Commission of a Special Sign Permit for property located at the
southeast corner of 20th and "G" Streets, was continued to the
Council Meeting of September 14, 1983.
This is the time set for public hearing before the Council[
for the purpose of considering an application for a Conditional Use
Bakersfield, California, August 10, 1983 - Page 11
Permit (C.U.P. No. 3901), requested by Tenneco Realty Development
Corporation to develop a Helipad at the office complex under con-
struction approximately 1,250 feet north of Ming Avenue, east of
Old River Road in Southwest Bakersfield in a C-O (Corr~ercial and
Professional Office) Zone.
This hearing has been duly advertised and the property
owners notified as required by law.
The facility will be used for helicopter shuttle service
to and from Meadows Field where the aircraft will be stored and
maintained. Activity will be limited to 100 monthly operations
(between 7:00 A.M. and 7:00 P.M.), and must comply with applicable
local, State and Federal aircraft regulations. The Melipad may
only be used as a landing pad (no maintenance allowed other than
for emergencies).
A letter has been received from Tenneco Realty Develop-
ment, dated July 29, 1983, withdrawing their application for a
permit to construct a Helipad at the new Tenneco West Headquarters
Facility.
Upon a motion by Councilman Christensen, communication
from Tenneco Realty Development Corporation, dated July 29, 1983,
withdrawing their application for a permit to construct a Helipad
at the new Tenneco West Headquarters Facility, was received and
ordered placed on file.
This is the time set for public hearing before the Council
on an Appeal by Wing Wah Restaurant to the decision of the Board of
Zoning Adjustment denying their application for a Modification to
allow the elimination of the required seven
spaces, in a C-2 (Commercial) Zone, on that
commonly known as 1525 - 19th Street.
off-street parking
certain property
This hearing has been duly advertised and the property
owners notified as required by law.
Mayor Shell declared the hearing open for public partici-
pation.
Bakersfield, California, August 10, 1983 - Page
Mr. Steve Nichols, representing the Wing Wah Restaurant,
stated that the Parking Ordinance is having a significant effect on
the entire downtown area. The Redevelopment Agency is trying to
revitalize the downtown area, but the City is penalizing new
businesses that come into the area by requiring them to take care
o£ a parking problem they did not create. From a zoning point of
view, the parking fee is an unreasonable intrusion upon the lessee
or owner of the property, charging a few people to finance a multi-
million dollar parking structure in the downtown area. New businesses
in the downtown area not only have high interest rates for improve-
ments to their buildings, they have parking fees which older businesses
do not have and increased property taxes. This has caused several
businesses to go out of business. The Wing Wah Restaurant has gone
to court on several occasions and the court has been unwilling to
close the business. In the last court hearing the Judge sympathetically
said he did not want to penalize the City and yet did not want to
close a business, therefore, he allowed the Wing Wah Restaurant to
appeal to the City. If the appeal failed they could appeal to the
Fifth Circuit District Court. Proposition 13, now Article 13 A of
the California Constitution, requires a two-thirds vote anytime a
fee or special tax is imposed on individuals in the City. Mr.
Nichols stated it is the Wing Wah Restaurant's suggestions that,
instead of imposing a fee, such as the In Lieu Parking Fee, the users
of downtown parking pay for that parking.
Mr. Normal Walters spoke in support of the appeal by the
Wing Wah Restaurant.
Mr. William R. Dolan spoke in support of the appeal by
the Wing Wah Restaurant. He stated he feels this ordinance is
unjust, and requires some study and changes. It is a flagrant,
exorbitant fee required of a small business. Parking is a big
problem and it is time the City took a look at this ordinance and
put some of the provisions into abeyance until the new parking
garage is built and the City has had an opportunity to work at
Bakersfield, California, August 10, 1983 - Page 13
utilizing the existing parking areas. He felt the Business Develop-
ment and Parking Committee should, again, consider this issue, and
requested the opportunity to discuss the issue with members of that
Committee.
Mr. Steve Nichols stated the Downtown Business Association
is in favor of the repeal of the present ordinance and would like
the Council to look at different opportunities for resolving this
matter.
Councilman Ratty stated he was on the Council at the time
this ordinance was adopted. The Council hired Quad Consultants to
perform a study on the parking problems in the downtown area. This
In Lieu Parking Fee was a solution that Quad Consultants came up with
to deal with the parking problem. There was a public hearing held
at the time the ordinance was adopted.
City Attorney Oberholzer stated the issue tonight in on
the appeal and not whether or not the In Lieu Parking Fee should be
imposed upon the Wing Wah Restaurant. The issue that was before
the Board of Zoning Adjustment, and now before the Counci~ is a
Modification to eliminate the seven off-street parking space
requirements for the Wing Wah Restaurant. The request, when it
came before the Board of Zoning Adjustment, was denied and has been
appealed to this Council. There was no evidence presented at the
public hearing for this Council to make a determination that the
seven off-street parking space requirements should be eliminated.
The parking requirements in the core area were established pursuant
to an ordinance adopted in 1978, and, as Councilman Ratty indicated,
this was the result of a study done by Quad Consultants in an
attempt to alleviate the parking problems and, at the same time,
encourage redevelopment and new businesses to cometothe downtown
area. The Quad Study showed that there was a parking deficiency
downtown and new business coming into the area would create a
greater impact on the parking problem. The Board of Zoning Adjust-
ment, prior to that time, was refusing to grant any Modifications
Bakersfield, California, August 10, 1983 - Page 14
for parking, therefore, new business could not move to downtown.
In response to the Quad Study and recommendations made, the Council
adopted an ordinance, which delineated certain areas downtown as
a core area and extended core area. Within the core area, the
ordinance provides that when a new business comes in they are
required to have only 50% of the normal parking requirements that
would be required above the existing business. In addition, because
the City wanted to encourage business to come downtown, they took
a 50% cut of those parking requirements. In effect, that business
is only required to provide 30% of parking requirements that some-
one in anofher part of the City would have to provide. Further,
the City gave new business another option, they could provide the
required parking, lease parking spaces within 500 feet or pay an
In Lieu Parking Fee. This is not a tax, but an option available
to businesses downtown. The Council placed the value of a parking
space at $30.00 per month per space. The Wing Wah Restaurant owes
$210.00 per month for 7 spaces at $30.00 each per month. The
restaurant currently owes $2,100 to the City, as it has not been
complying with the ordinance since it opened for business.
City Attorney Oberholzer further stated that Mr. Nichols
has brought up some legal issues. An action was filed by the City
of Bakersfield and defended by the Wing Wah Restaurant. A Preliminary
Injunction has been issued by Superior Court and the restaurant
must comply by September 6, 1983.
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 Parking Ordinance
regarding In Lieu Fees be referred to the Business Development and
Parking Committee for study and deny the Appeal by the Wing Wah
Restaurant to the decision of the Board of Zoning Adjustment denying
their application for a Modification to allow the elimination of the
264
Bakersfield, California, August 10, 1983 - Page 15
required seven off-street parking spaces, in a C-2 (Commercial)
Zone on that certain property commonly known as 1525 - 19th Street.
Councilman Christensen offered a substitute motion to
rescind the existing Parking Ordinance, refer it back to the
Business Development and Parking Committee, and that an income
for developing parking be devised, spread around to everyone who
has parking downtown and that amount be based on the value of their
business and not be a high fee.
City Attorney Oberholzer stated, if Councilman Christensel~'s
substitute motion is passed, the Wing Wah Restaurant would be out of
business, unless they constructed parking or obtained parking withill
500 feet of the business.
After a lengthy discussion, Councilman Christensen with-
drew his substitute motion.
Councilman Christensen offered a substitute motion to
uphold the Appeal by the Wing Wah Restaurant to the decision of
the Board of Zoning Adjustment denying their application for a
Modification to allow the elimination of the required seven off-
street parking spaces, in a C-2 (Commercial) Zone, on that certain
property commonly known as 1525 - 19th Street.
to carry by the following roll call vote:
Ayes: Councilman Christensen
Noes:
Absent:
This motion failed
Councilmen Barton, Means, Payne, Ratty, Rockoff
None
Councilman Ratty's motion that the Appeal by Wing Wah
Restaurant to the decision of the Board of Zoning Adjustment denying;
their application for a Modification to allow the elimination of
the required seven off-street parking spaces, in a C-2 (Commercial)
Zone, on that certain property commonly known as 1525 - 19th Street,
be denied; the In Lieu and Parking Ordinance be referred to the
Business Development and Parking Committee; and staff directed to
Bakersfield, California, August 10, 1983 - Page 16
work with the Wing Wah Restaurant on some type of schedule for
payment of the $2,100, carried by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff
None
Noes:
Absent: None
This is
consideration and
the time set for hearing before the Council for
confirmation of the Report and Assessment List
for Abatement of Weeds ordered by the Council since August 15,
1982.
This hearing has been duly posted and notices mailed to
all owners of property on which the nuisance was abated.
Two parcels in the City were cleaned by the City's con-
tractor. The costs for administrative fees and clearing the parcels
can be paid by the property owners prior to August 15, 1983. If the
owners do not pay by that date, the costs will be applied as a lie~
against the property.
Upon a motion by Councilman Ratty, Resolution No. 107-83
of the Council of the City of Bakersfield confirming assessments
for Nuisance (Weeds and/or Waste Matter - Fire Hazard) Abatement
against properties generally identified as 1708 Hendricks Lane
and/or 2800 South "H" Street and 924 "M" Street, was adopted by
the following roll call vote:
Ayes Councilmen Barton, Means, Payne, Ratty, Rockoff
Noes None
Absent: Councilman Christensen
This is the time set for public hearing before the Council
of the City of Bakersfield for the purpose of receiving written and
oral testimony regarding Transit needs in the City of Bakersfield.
This hearing has been duly advertised and posted as
required by law.
Mayor Shell declared the hearing open for public partici-
pation.
Bakersfield, California, August 10, 1983 - Page 17
Mrs. Patsy Ladd, 3604 "K" Street, requested that there
be evening and Sunday bus transportation provided.
No one else wishing to speak, Mayor Shell closed the
public portion of the hearing for Council deliberation and action.
Councilman Payne stated he wished to clarify for Mrs.
Ladd that there are no unmet public transportation needs which can
be reasonably met at this time. The request to provide public
transportation evenings and Sundays
therefore, it is not reasonable for
transportation company to meet that
is not cost
the Council
request.
effective and,
to require the
Upon a motion by Councilman Ratty, Resolution No. 108-83
of the Council of the City of Bakersfield finding there are no
unmet public transportation needs which could be reasonably met,
was adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff
Noes: None
Absent: None
Upon a motion by Councilman Ratty, Resolution No. 109-83
of the Council of the City of Bakersfield authorizing the filing
of an application with the Kern County Council of Governments for
allocation of Transportation Development Act Funds for Fiscal Year
1983-84, was adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff
Noes: None
Absent: None
CLOSED SESSION
Upon a motion by Councilman Christensen, the Council
recessed to a Closed Session at 10:05 P.M. to discuss Water
Litigation. The regular meeting was reconvened at 11:19 P.M.
257
Bakersfield, California, August 10, 1983 - Page 18
ADJOURNmeNT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 11:20 P.M.
~A OR of t~ity of Bakersfield, Calif.
ATTEST:
CITY CLERK and ~x Officio Clerk of the
of the City of Bakersfield, California
cw/ma
Counci~
Bakersfield, California, August 17, 1983
~inutes of a Joint Public Hearing of the Council of the
City of ~akersfield and the Bakersfield ~edevelopment Agency, held
in the Council Chambers of City Hall at 5:00 P.M., August 17, 1983.
The meeting was called to order by Mayor Shell and Agency
Chairman Barton, followed by the Pledge of Allegiance and a minute
of silent prayer.
Deputy City Clerk Gafford called the roll of the Council
as follows:
Present: Mayor
Absent:
Shell. Councilmen Christensen, Payne,
Barton
Councilmen ~eans, Ratty
Deputy City Clerk Gafford called the roll of
as follows:
Present: Agency Members Christensen, Payne,
Absent: Agency Members Means, Ratty
CORRESPONDENCE
Deputy City Clerk Gafford stated
Rockoff,
the Agency
~ockoff, Barton
that other than the
correspondence contained in the Final Environmental Impact Report,
correspondence was receive~ from the Historic Preservation Com-
mission, City of Bakersfield, dated August 16, 1983, regarding the
Hall of Records Building.
STAFF REPORTS
City Manager and Executive Director of the Redevelopment
Agency Kelmar introduced Mr. Harry Tow of Quad Consultants who
prepared the Environmental Impact Report.
Mr. Tow explained the process required by the California
Environmental Quality Act (CEQA). IIe stated the CEQA regulations
require that an Environmental Impact Report be prepared for any-
thing with impacts of environmental significance. Mr. Tow also
explained that the proposed Truxtun Galleria Project is a
$70,000,000 project, which consists of two office towers, one
thirteen stories and one eighteen stories, connected by 90,000
square feet of commercial development. The office towers contain
Bakersfield, California, August 17, 1983 - Page 2
400,000 square feet of gross building area with 1,200 parking
spaces, which the consultants have indicated is adequate for
the project. The project occupies the two blocks between Truxtun
Avenue, 17th Street, "H" Street and Chester Avenue, excluding
California Republic Bank. The principal commercial and professional
offices have a positive impact in terms of City revenue with a
proposed combined revenue by the Agency and City with a better than
10-1 ratio of revenues versus expenditures over a period of time.
The City has a positive balance in revenues in terms o£ Sales Tax,
Business Licenses and indirect benefits which will occur.
City Manager and Executive Director Kelmar gave a report
regarding the purchase of the Hall of Records property owned by
the County of Kern. He stated that the Agency authorized a letter
to be submitted to the Board of Supervisors, which requested an
indication from the Board as to their interest in selling the Ha~l
of Records for the purpose of developing the Truxtun Galleria. He
stated that a few weeks ago the Board met regarding the project and
presentations were made by architects and the developer. The Board
agreed to hold a meeting of the whole regarding the responses to
the questions that had been raised.
City Manager and Executive Director Kelmar read a letter
from Mr. R. S. Holden, County Administrative Officer, to the Board
of Supervisors, dated August 16, 1983, as follows:
RE: Galleria Project: Board of Supervisor's
Action Following August 15, 1983 Committee
of the Whole Meeting
On August 15, 1983 the Board of Supervisors held
a Committee of the Whole meeting to discuss the
City of Bakersfield downtown "Galleria" redevelop-
ment project. To facilitate this meeting, the
Board had received a report that was prepared
by this office with the principal assistance
of the Property Management Department. In
addition, individual letters were received and
presentations were made by'the Bakersfield City
Manager, by the architects of the Moreland
Development Corporation, and by individual
citizens.
Bakersfield, California, August 17, 1983 - Page 3
The purpose of this report is merely to assure
that an adequate understanding is had by all
interested parties relative to the direction
of the Board following the Committee of the
Whole meeting. The results of the Committee
of the Whole meeting are summarized as follows:
---The Board took action to provide contingent
approval relative to the sale of the Hall.
of Records.
---The Board directed this office to attend
the August 17, 1983 joint Bakersfield City
Council/Board of Directors of the City
Redevelopment Agency hearing relative to
the certification of the draft Environmental
Impact Report on the Galleria Project and
the proposed disposition and development
agreement to be formalized with the More-
land Corporation.
---This office is to continue its evaluation
of the County's occupancy of space in the
Galleria project with principal attention
given to costs and operating efficiency.
---This office is also to evaluate and compare
the alternative proposal relative to a Kern
County Government Center that was submitted
by the Mosesian Development Company.
If there are no errors or omissions in this
office's understanding of the Board's August
15, 1983 action, IT IS RECOMMENDED that this
report be received and filed.
Sincerely,
R. S. HOLDEN
County Administrative Officer
He further stated that the Board indicated that they were interested
in selling the Hall of Records to the Redevelopment Agency and
directed County staff to meet, subject to the outcome of this hearing
relative to negotiating a satisfactory price and possible relocation
of the Hall of Records during the construction, if the project were
to move forward.
City Manager and Executive Director Kelmar gave a report
to reset date for hearing on the Disposition and Development
Agreement for the Truxtun Galleria Project. He explained that
the agreement could not be completed in time for the adequate
noticing for public review and requested that the hearing be reset
for September 27, 1983, at 5:00 P.M.
271
Bakersfield, California, August 17, 1983 - Page 4
Upon a motion by Councilman Barton, the date for the
hearing on the Disposition and Development Agreement for the
Truxtun Galleria Project was reset for September 27, ]983, at
5:00 P.M.
Upon a motion by Agency Member Payne, the date for the
hearing on the Disposition and Development Agreement for the
Truxtun Galleria Project was reset for September 27, 1983, at
5:00 P.M.
HEARINGS
This is the time set for public hearing on the Draft
Environmental Impact Report for the Truxtun Galleria.
The hearing was duly advertised and posted.
Mayor Shell declared the hearing open for public partici-.
pation.
Mr. Richard D. Crowe, Vice-President of the Kern County
Historical Society, stated that his point of view and the Board
of Trustees' point of view is that the Hall of Records should be
preserved and restored to its original state and not be part of
the Truxtun Galleria Project, unless it can be utilized in the
project in accordance with its present shape and appearance. He
commented on the Hall of Records portion of the EIR and stated
that the Kern County Historical Society is pleased to note that
the report of the independent consultant, contrary to the public
statements of the developer and his associates, has determined
that the Hall of Records has great architectural and cultural
significance, and that the building has a viable commercial future.
This is a conclusion which the Kern County Historical Society had
previously reached and with which the Society strongly concurs.
The Society, therefore, wishes to go on record as recommending
that every effort be made, and all avenues explored, toward pre-
serving and restoring the Hall of Records. He further stated that
the Society was pleased that the City has formed a Historic Preser-
vation Commission.
Z72
Bakersfield, California, August 17, 1983 - Page 5
Mr. Norman Walters stated that the City has not proven
that a need exists for the proposed Galleria, and that the proposal
is an expense to be put upon the pocketbooks of the citizens. He
stated that the Galleria is not self-supporting unless private
enterprise buys, builds and owns the property and improves it
without the help of the City or Redevelopment Agency. He further
stated that the Hall of Records is a sound and functional building,
and suggested that a ballot be mailed to the public in order to
get their responses.
Mr. Richard McBurnie, Attorney for California Republic
Bank, stated that the published notice of this hearing indicated
that the proposed project, as well as the proposed Disposition and
Development, will cover the entire two block area bounded on the
west by "H" Street and east by Chester Avenue, north by 17th Street
and south by Truxtun Avenue, which includes the present site of
the California Republic Bank and parking garage behind the bank.
City Manager and Executive Director Kelmar clarified that
the California Republic Bank building and garage is not included
in this project.
Mr. Richard Monje, Chairman of the Bakersfield Historic
Preservation Commission, stated that the Commission has unanimously
concluded that the Hall of Records is historically, architecturally
and culturally significant and should be preserved and restored.
They have found a developer, Mr. Tim Gannon, who is interested in
restoring the building at his expense, and that the City and Agency
should be looking for these types of alternatives.
Mr. Monje also commented on the Environmental Impact
Report. He noted that on page 33 under Setting, it states "a
building which may be of historical significance," but, in fact,
the building is of historical significance and that determination
was made by the Commission and the City's consulstant and concurred
by the Historical Society. Also, on the same page, it makes
Bakersfield, California, August 17, 1983 - Page 6 '~'
reference that "The Hall of Records would appear to meet the
Cultural Resource Designation Criteria that are listed in the
Ordinance." He clarified that the building does meet that desig-
nation, and that decision was made by the Historic Preservation
Commission. Also, on page 34, it states that the Hall of Records
"could be viewed as an economic liability." Mr. Monje explained
that he reviewed the entire report and there is no support for thai:
statement. He commented that it appears to be a conclusion pulled
out of thin air, and if the conclusion is going to be in the report,
CEQA requires that there be some support. On page 35 of the report,
there is an extensive discussion of how difficult it will be to do
a cost analysis of restoring the Hall of Records to its original
condition. He stated that the report should have to include a cost
analysis of the expenses that would be incurred in restoring the
Hall of Records rather than just a statement that it would be
difficult to make such an analysis. Also on page 35, there is
some indication that if someone wanted to restore the building,
there would be a 20% investment tax credit available. What the
report does not indicate is that if the building were eligible for
National Register status, which the independent consultant has
concluded may be true, the tax credit would be 25%, and there are
some additional tax benefits to a private developer who wants to
restore the building. Mr. Monje also noted that on page 36, there
is a proposed additional mitigation factor, which is in essence to
incorporate the design elements of the building into the Truxtun
Galleria and there.is not discussion of what elements should be
incorporated. He explained that we cannot have anyone consider a
mitigating factor until we know exactly what would be done to
mitigate the destruction of the Hall of Records.
~r. Monje further commented upon the comments received
by the County Clerk, which the consultant has included a statement
referencing the historic significance of the site and that historical
significance could be preserved by having the County Recorder's
Bakersfield, California, August 17, 1983 - Page 7
function included in the tower. He stated that the Historic
Preservation Commission does not see how putting the County
Recorder's function on the 12th floor of an office towe~ after
tearing down the 75 year old building, preserves the historic
significance of the site.
Mrs. Richard Bailey stated that if her husband was able
to attend the hearing he would be here. She commented upon what
her husband had stated to her about
time he came to Bakers£ield in 1929
the colored lights and stained dome
held up by the four marble columns.
the Hall of Records from the
and the emotional impact of
and large interior that was
The big windows, broad stairs
and ionic pillars were evident. She stated that her husband hoped
that the building would be preserved as a monument to the future
and as a viable building to the present.
Mr. Hugh Sill, businessman, stated the he was definitely
against preserving the Hall of Records building. He commented
that it is not a serviceable building, and is not in line with the
City codes of today. He further commented that there is no way
that the building will fit into the Truxtun Galleria Project.
Mr. Harry Rubin, merchant, has been in Bakersfield since
1919 and stated that the City has lost all of the historical
buildings, except the Hall of Records. He stated that he does not
intend to impede the progress of the growth of Bakersfield or the
Galleria Project, but that he is not in favor of destroying or
moving the Hall of Records.
Mr. Harry Tow stated, for the record, that the comments
that have been made and responded to previously in the EIR and the
letters received and comments made at the hearing will be incor-
porated into the Final EIR, and that they do not require quantitative
responses.
)~artha Walters stated that it is not too significant
that the Hall of Records be restored to its original condition.
If it functions and meets the needs, in this economy, it should be
Bakersfield, California, August 17, 1983 - Page
considered. She stated that the voters should have input. Mrs.
Walters also requested an accounting of the monies that have been
spent to date by the Redevelopment Agency in buying properties for
landbanking and the monies taken in as revenue.
Mayor Shell requested an updated report be given regarding
landbanking and revenue and expenditures at a future Council Meeting.
Fran Smith, businesswoman, commented on the Hall of
Records and stated that she was against destroying the building.
Mayor Shell questioned the City Attorney as to the
meaning of certifying the Environmental Impact Report.
City Attorney Oberholzer stated that the California
Environmental Quality Act (CEQA) process requires that there be a
determination of the environmental impacts of the project. It does
not obligate the Council or Agency to proceed with the project.
This would recognize any mitigations, and if there are no miti-
gations, then the City would take the consequences of whatever
impacts there might be.
Councilman Rockoff asked if the Draft EIR and Final EIR
are the two documents upon which the action is being made.
Mr. Harry Tow explained that the Draft EIR is the document
for which comments are received. The Final EIR constitutes the
comments and responses to comments together with the record of
hearing. These three components make up the Final EIR, which is
the item to be certified.
There being no further comments received regarding the
Environmental Impact Report for the Truxtun Galleria Project,
Mayor Shell closed the public portion of the hearing for Council
and Agency deliberation and action.
City Manager and Executive Director of the Redevelopment
Agency Kelmar stated that he recognized all the concerns expressed
regarding the Hall of Records.
that the building can be moved,
with Mr. Gannon to restore it.
He con~nented that it is his feeling
and that a transaction can be made
He suggested to the Council and
Bakersfield, California, August 17, 1983 - Page 9
Agency that, if they would certify the EIR and direct staff to
negotiate for the removal of the building to another site in the
downtown, hopefully, that would alleviate the public concern
regarding the building and allow the Truxtun Galleria Project to
move forward. He further stated that staff could report back to
the Council and Agency at the hearing on the 27th of September
regarding a transaction on moving the building.
Agency Member Christensen stated that he has read the
material and that comments have been received by individuals and
groups regarding this project. He stated that the suggestion by
the City Manager was good, and that the City should follow up on
the cost of moving and rehabilitating the building. He expressed
concern that with the comments received tonight, there is great
interest in the Truxtun Galleria Project and Hall of Records, and,
therefore, suggested that the Council and Agency take additional
time to consider the EIR before making a decision. This will
ensure that all input has been received and the body has had an
adequate opportunity to consider the matter before taking action.
He stated that he did not want to delay the resolution, and,
therefore, made a motion that the hearing approving and certifying
the EIR be continued to September 27, 1983, with the hearing on
the Disposition and Development Agreement. He further suggested
that, at the same time, a report be given regarding the expenses
of the Redevelopment Agency on landbanking and a cost for moving
the Hall of Records and rehabilitating the building.
City Manager and Executive Director Kelmar stated that
pursuant to discussions with Tim Gannon, he has expressed an
interest in incurring the cost for moving and rehabilitating the
building himself.
City Attorney Oberholzer stated that the hearing has
been closed, and that the decision of the body can be continued.
but not the hearing.
Agency Chairman Barton questioned staff, based on Agency
Member Christensen's motion, if the delay on the EIR prohibits staff
from proceeding with investigating the relocation of the building
Bakersfield, California, August 17, 1983- Page
with Tim Gannon, negotiations with the County and the Disposition
and Development Agreement with Terry Moreland,. He questioned if
the delay would stop part of the process.
City Manager and Executive Director Kelmar stated that
the action on the certification of the EIR and discussion on
moving the Hall of Records are not related. He explained that the
efforts of the County might be stalled because they would like to
be assured that the City is behind this issue before they seriously
negotiate in terms of sale price and possible relocation.
Agency Chairman Barton expressed concern that the Agency
should proceed with the EIR and also direct staff to pursue with
the discussions with Gannon for relocation and find a site for
the structure.
City Manager and Executive Director Kelmar explained thai:
the County Board of Supervisors have indicated that they have a
willingness to sell the Hall of Records, subject to a fair price
and subject to the certification of the EIR. This would a~low staff
to negotiate a price with them. He felt that until the EIR is
certified, the County would not seriously negotiate with the City
and developer.
Agency Member Christensen stated that he did not want to
impede the action of the Galleria because he supports it. He stated
that many projects have been proposed for the downtown, but did not
go forward, and that there are many hurdles before the project is
finished. He further stated that at the end of the 15-month period,
if nothing is accomplished, then maybe the Redevelopment Agency
should be dissolvedbecuase of excessive false starts.
Upon a motion by Agency ~ember Rockoff, Redevelopment
Agency Resolution No. RA13-83 making findings and recommending
certification by the City Council of the Final EIR for the Proposed
Truxtun Galleria Development Project, was adopted by the following
Bakersfield,
California,
August 17,
1983 - Page
roll
Ayes
Noes
Absent:
call vote:
Agency Members Christensen, Payne, Rockoff, Barton
None
Agency Members Means, Ratty
Mayor Shell complimented the City's Historic Preservation
Commission and stated they have done a yeoman's task. She
questioned how long the Disposition and Development Agreement will
be available for the public, Councilmen and herslef to review.
City Manager and Executive Director Kelmar stated that
it will be available two weeks prior to the hearing.
Upon a motion by Councilman Barton, Resolution No. 110-83
of the Council of the City of Bakersfield declaring it has reviewed,
evaluated and considered the information contained in the Final EI~i
for the proposed Truxtun Galleria Project, making findings and
certifying that said Final EIR has been completed in compliance
with fhe California Environmental Quality Act, State EIR Guidelines
and Council Resolution No. 60-80, was adopted by the following
roll call vote:
Ayes: Councilmen Christensen, Payne, Rockoff, Barton
Noes: None
Absent: Councilmen Means, Ratty
Agency Member Payne made a motion to direct staff to
submit a contingent offer to the County of Kern for purchase of
the Hall of Records. This motion was unanimously approved.
City Manager and Executive Director Kelmar requested
authorization to proceed with negotiations to determine if the
City can come to an agreement for moving the building.
Agency Member Christensen made a motion to direct staff
to proceed with negotiations for relocation and cost of rehabilitating
the Hall of Records. This motion was unanimously approved.
ADJOURNMENT
Upon a motion by Agency Member Christensen, the Redevelop-
ment Agency's portion of the joint public hearing held before the
Bakersfield, California, August 17, 1983 - Page
Council on the Environmental Impact Report for the proposed Truxtun
Galleria Project, was adjourned at 6:35 P.~.
Upon a motion by Councilman Christensen, the joint public
hearing before the Council and Redevelopment Agency on the Environ--
mental Impact Report for the proposed ?ruxtun Galleria Project, was
adjourned at 6:35 P.M.
ATTEST:
MAYOR of~t t%~f Baker~alif.
CITY C~a~d~x ffici~ o C~~erk of the Council
of the City of Bakersfield, California
rg/ma
Bakersfield, California, August 24, 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., August 24, 1983.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Reverend Norbet C.
Oesch of St. John's Luthern Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Means, Payne, Ratty, Rockoff,
Absent: None
Barton, Christensen
Minutes of the regular meetings of August 3 and 10, 1983,
were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Ann Frank, 1821 Orange Street, addressed the Council
regarding Bravery and Safety.
Carol Dykes, 2222 South "H" Street, expressed her
opposition to the Refuse Collection Fees and requested Council
rescind the Garbage Tax.
Mr. Hershell Brown, 2708 Houchin Road, spoke in oppositic. n
to the Garbage Tax.
After a lengthy discussion regarding the Garbage Tax,
Councilman Means made a motion that any additional monies received
from the State are to be used to directly reduce the Garbage Tax
this year.
Councilman Barton stated he cannot support an unbalanced
budget. If the City does receive subventions back from the State,
those funds are to be used to reduce and/or eliminate the Refuse
Service Fees.
In answer to a question by Councilman Rockoff, City
Manager Kelmar stated the City would be billing the Commercial
Refuse Collection Fees and, therefore, modifications could be made
for refunds of partial or all of those fees. He thought it could
be worked out administratively for those residents who pay those
fees through their tax bills to receive a refund.
Bakersfield, California, August 24, 1983 - Page 2
Upon a motion by Councilman Means, all additional monies
received from the State are to be used to directly reduce the
Garbage Tax this year. Councilman Christensen voted in the negative
on this motion.
Mr. Alan G. Rigler, District Superintendent for Pacific
Gas and Electric Company, spoke regarding power outages in the
Southwest Bakersfield Area. There are 188 circuits in this
district. The circuit causing problems is the 2111 Circuit out
of the Stockdale Substation, which is a 21,000 volt underground
and overhead circuit feeding approximately 3,200 customers, both
residential and commercial. The area it encompasses starts at
White Lane extending north to Ming Avenue, New Stine Road to Ashe
Road and along Stine Road from Ming Avenue to Stockdale Highway on
both the east and west sides. Every outage in the Pacific Gas and
Electric system is investigated to determine the cause and remedy
the situation. In 1982, when outages on this circuit were becoming
prominent, the circuit was studied thoroughly to determine the cause.
In March it was determined outages were caused by failure of an
elbow, which is a manufactured piece of equipment. Each elbow that
has malfunctioned is sent to P. G. & E's Department of Industrial
Research, who, in turn, cuts it apart and determines what causes
the failure. It was determined failure was due to electrical stress.
P. G. & E acknowledges their responsibility for the failure of this
equipment and recently completed replacing 300 elbows in the area.
Permission has been given to replace the remaining 500 elbows on
this circuit, which will take until approximately February, 1984.
To accomplish this, P. G. & E. has planned outages where they de-
energize and then replace the elbow. There is also a new state-of-
the-art equipment, called an Interrupter, which will be installed
on this circuit. It will not prevent an outage, but will confine
the outage to a particular area. P. G. & E. is concerned with
continuity of service to their customers and with this particular
Bakersfield, California, August 24, 1983 - Page 3
area, because it has been plagued with outages. P. G. & E. intends
to bring this circuit to a point where outages are no more than any
other circuit.
In answer to a question by Councilman Means, Mr. Rigler
stated the area of Rosewood Gardens and Kern City are furtherest
from the Stockdale Substation. When restoring power, you start
at the substation, working forward and put back on in pieces.
The order of restoration cannot be changed.
Mr. Jeff Garchow, President o£ Energy Materials, Inc.,
explained his company is a consulting service which uses infrared
equipment to spot weaknesses in electrical systems.
Mr. James Childs expressed his appreciation to the
Council for making themselves available to answer questions and
inform the community regarding rezoning of Census Tract 22.
In answer to a question by Mr. Childs, Councilman Payne
stated he did not feel the residents of Census Tract 22 understood
enough about the rezoning issue to willingly accept it.
Mr. Childs stated that because of misunderstandings and
fears by residents of Census Tract 22, he would respectfully
request that the Council not implement any rezoning amendments or
resolutions until there is a Councilman is seated in the First Ward.
Councilman Barton made a motion to defer the Lakeview
Rezoning Strategy for discussion until the first meeting in December,
1983.
In answer to a question by Councilman Payne, Mr. Childs
stated he would be more than willing to work with staff. He stated
his main concern is to inform the people in Census Tract 22.
Councilman Barton amended his motion to defer the Lake-
view Rezoning Strategy to November 16, 1983, for discussion purposes.
This motion was unanimously approved.
Mr. Art Powell stated he did not
speak about the Lakeview Rezoning issue at
further stated he did not feel there was
for the First Ward at this time.
feel it was proper to
tonight's meeting. He
any one person speaking
Bakersfield, California, August 24, 1983 - Page 4
Mr. Mark Dickerson, 5404 Krista Street, spoke regarding
a Zone Change Ordinance that is on the agenda for approval, located
at the southwest corner of Harris and Wible Roads. He stated he
resides north of the proposed subdivision. As a result of this
zone change and other issues, there has been a community group
formed called the Southwest Residents' Association. This Association
is submitting a petition with 198 signatures requesting Council
deny the requested zone change from "A" (Agricultrual) to R-1 (One
Family Dwelling) and Subdivision Map No. 5652, which provides for
6,000 square foot lots. The Association requests the Council
approve a zone change from "A" (Agricultural) to R-S (Residential-
Suburban) and approve a Tract Map, which provides for lots in
excess of 14,000 square feet, and provides for single family
dwellings zoned for animals. The Association is concerned that
300 feet is not a sufficient distance for notification of hearings
and requested a change from the required 300 feet to 3,000 feet for
subdivisions in excess of 5 units. They also wish to maintain
their integrity as a rural community. The Association does not
feel road conditions and traffic patterns can withstand the sub-
division density as it is set out. There has been no traffic study
at Harris and Wible Roads as to the traffic problems associated
with the proposed subdivision.
Greenfield School District of
Panama Union School District.
The Planning Commission notified
the proposed subdivision rather than
The impetus of this is that Green-
field School District does not have a builders fee and Panama Union
School District does. The Association would like the Planning
Commission to address the problem of planning a park for their
community. There are no bike or horse paths in their community
and that needs to be addressed. Mr. Dickerson requested Council
consider the Zone Change Ordinance at this time.
Upon a motion by Councilman Payne, Zoning Ordinance under
Deferred Business regarding property located at the southwest
corner of Harris and Wible Roads, was moved forward on the agenda
to be discussed at this time.
Bakersfield, California, August 24, 1983 - Page 5
Adoption of Ordinance No. 2864 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 southwest
corner of Harris and Wible Roads.
The application for this amendment was made by Quadrant
Building Corporation and would change subject properties from an
"A" (Agricultural) Zone to an R-1 (One Family Dwelling) Zone.
The Planning Commission recommended approval of this
amendment.
Mr. Dickerson stated, in his opinion, the proposed
subdivision has not followed the technical limits of the law. The
Planning Commission did not notify the proper school district.
In answer to a question by Councilman Christensen, Fire
and Development Services Director Needham stated, in relation to
the agreement between the City of Bakersfield and Panama Union
School District, the City lays out the fees to be paid to the
school district by the builder at the time the Building Permit
is taken out. Whether or not the district has been notified of the
proposed subdivision has no bearing on collection of those fees.
However, the assessment of fees was in the set of conditions for
the subdivision portion of this development.
In answer to a question by Councilman Rockoff, City
Attorney Oberholzer stated there are no legal ramifications if
the City approves this rezoning. At the time a Building Permit is
taken out, the builder is obligated to pay the school district fee,
whether or not it is a condition set out in the Tentative Tract Map.
City Attorney Oberholzer stated it is a State Law that
zoning must be consistent with the General Plan. In respect to
the Tentative Map, it went to the Planning Commission for approval,
there is an appeal period, when a person can appeal a decision of
the Planning Commission. That appeal period is set out in the
Subdivision Map Act of the State of California, once it has passed
Bakersfield, California, August 24, 1983 - Page 6
the subdivider proceeds and expends funds relying on the fact he
has an approved subdivision. All property owners within 300 feet
were notified. This is a State Law, which was adopted locally.
This having been done, and the developer justifiably relying on
the law, the City would be in a difficult position to now go back
and tell him we are sorry, although the appeal period has run out,
we are going to deny or revoke approval of the Tentative Map. The
City, in a situation like that, might be stuck with some questions
that are similar to inverse condemnation.
Mr. Mike Mason, representing Homestead Land Development,
stated it was his company's understanding the proposed subdivision
is in the Panama Union School District and is in agreement to payir~g
any fees required. In answer to a question by Councilman Payne,
Mr. Mason stated this subdivision has been through the Planning
Department process and his company has been given and accepted a
list of conditions with which this subdivision must comply.
Mr. Gene Vastbinder, 3708 De Ette, stated he is concerne~
with the traffic problems in this area. He would like to see no
zone change until the residents of this area are assured the City
will develop the access roads.
Mr. J. T. Hanawalt, 3408 De Ette, stated he is concerned
with what the Council proposes to do in an over-burdened school
district, which already has children taking classes in the lunch
room and eating outside.
City Attorney Oberholzer stated the Tentative Map and
Subdivision Map are not before the Council for consideration to-
night. The matter before the Council is a Zoning Ordinance. The
map has gone through an approval process and the appeal period has
passed. In an "A" (Agricultural) Zone there are less restrictions
than an R-1 (One Family Dwelling Residential). In an "A" Zone
residents can hatch, raise and fatten chickens, turkeys, and other
fowl. Hogs and pigs can be raised in an "A" Zone, therefore, R-1
zoning actually restricts the property from a possible obnoxious
use of the property.
Bakersfield, California, August 24, 1983 - Page 7
In answer to a question by Mr. Dan Norris, 3600 Harris
Road, Mayor Shell stated the Council has no jurisdiction where the
school district is concerned.
City Attorney Oberholzer stated a requirement by law is
that the City meet with school districts and establish their needs.
The Panama Union School District now has a builders fee required
every time a Building Permit is taken out. This fee can be used
for one thing, interim classrooms. It is to provide more class-
rooms as a result of the increased impact due to the subdivisions
that are constructed. The City Council expressed their concern
over this particular issue and passed an ordinance requiring new
subdivisions to make a payment to the school district.
Mr. Tom Mulligan, 3709 De Ette, stated he is concerned
with the notification procedures of hearings and the safety of
traveling on Harris Road.
Mrs. ~artha Walters, 3301 Dwight Street, suggested the
possibility of installing a buffer zone between the different
developments.
In answer to a question by Mr. Thomas F. Stalnaker,
3800 Margalo Avenue, Fire and Development Services Director Needham
stated before construction can begin the map will have to be
recorded, proof given that all the different agencies have been
notified and conditions have been satisfied. Staff will give an
approval of compliance and the final map will come back to the
Council on the Consent Calendar.
After a very lengthy discussion, upon a motion by
Councilman Payne, Negative Declaration and Ordinance No. 2864 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 southwest corner of Harris and Wible Roads, finding
said zoning consistent with the General Plan, were adopted by the
Bakersfield, California, August 24, 1983 - Page 8
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Means, Payne,
Christensen
he had no
Ratty, Rockoff, Barton,
None
None
Councilman Christensen requested that the record show
legal choice but to vote in support of the motion.
Mr. Jerry Dodd, Meerza Associates, stated Mr. Meerza
purchased a building on Chester Avenue and after that purchase
Golden Empire Transit District was interested in the location of
that building for a transit facility. Due to the uncertainty on
the part of the Golden Empire Transit District, Meerza Associates
has been unable to do anything with that building. Last evening
Golden Empire Transit District rescinded their intent to start
Eminent Domain proceedings in the 2100 block of Chester Avenue.
Mr. Dodd stated he wanted to publicly state he wholeheartedly
supports the Golden Empire's decision made last evening. He also
stated he is concerned that something be done with the downtown
area.
going to
and they
hopefully, within two weeks.
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from Bakersfield Art Association, Inc., Cunningham Memorial Gallery,
dated August 12, 1983, regarding parking citations issued to
volunteer gallery attendants, was received and referred to the
Police Department.
Upon a motion by Councilman Christensen, communication
from Southern San Joaquin Valley Brittany Club, 6731W~lson Road,
dated August 17, 1983, requesting use of City owned property located
along the Kern River near Stockdale Highway and Enos Lane, for
Councilman Means stated the issue of what the Council is
do regarding a transit way, or whatever, is in Committee
are trying to come up with an answer as quickly as possibl,~,
Bakersfield, California, August 24, 1983 - Page 9
holding a Bird Dog Field Trial on October 28, 29 and 30, 1983,
was received and referred to the Water Resources Department.
Upon a motion by Councilman Christensen, communication
from State of California, Governor's Office of Economic Opportunity,
dated August 15, 1983, submitting a draft copy of the 1983-84 Low
Income Home Energy Assistance Program (LIHEAP) State Plan and
notice of scheduled public hearing, was received and referred to
the Community Development Coordinator.
COUNCIL STATEMENTS
Upon a motion by Councilman Payne, the City shall receive
the Council salaries from any Councilman wishing to donate his
salary back to the City.
Councilman Payne stated he received letters presented by
Mr. Dickerson, one dated August 20, 1983 and one with no date,
from members of Mr. Dickersoh's neighborhood. One is regarding a
drainage problem in the vicinity of Baybrook and Stine Ranch. The
second letter complains that some of the R-S zoned property owners
are boarding as many as 3 to 5 horses on property zones for 1
horse. Councilman Payne referred the two letters to City staff
to investigate and take whatever action is appropriate. He also
requested staff to advise him of what action is taken.
Councilman Rockoff stated a couple of weeks ago a
resident who uses Warner Amex Cable came before the Council con-
cerning late charges he was billed. This issue was referred to
the Budget Review and Finance Committee. He talked to the Manager
of Warner Cable and received the following letter:
August 15, 1983
Councilman Arthur L. Rockoff, Chairman
Budget Review and Finance Committee
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, California
Dear Councilman Rockoff:
In reference to our telephone conversation of
earlier today, in which you indicated that one
of our subscribers had made an appearance at
Bakersfield, California, August 24, 1983 - Page l0
last Wednesday's City Council meeting to com-
plain about our recent institution of a 50~
late charge when we bill two months in advance,
the following information should help clear up
the issue:
We do bill bi-monthly in advance on our
accounts with low monthly rates (generally,
Basic service only), but there is no
requirement that the subscriber pay both
months at once. Most do, for the same
reasons we bill bi-monthly; i.e., the bill,
even for two months, is only $20-25.00, and
it is simply more convenient to pay only
six times a year. Some of our customers on
fixed incomes, or who may object to paying
that far in advance, continue to pay only
one month at a time, which is fine, too.
The 50~ late charge is applied only if an
account shows 30-day or older money at
cut-off; in the case of a customer who
received a July/August bi-monthly bill
which remained unpaid at July cut-off,
50~ would have been applied to the account
because the July amount would have aged
into the 30-day column at that point. If
that same customer had paid either the
entire bill, or just the July half by
cut-off, no late charge would have been
applied, as the account would show no 30-
day or older money.
You will recall that we discussed this matter
in general terms in late June, as I wanted to
alert you to upcoming changes, given your
recent involvement in cable matters. In addition,
I am enclosing a copy of the formal notification
letter sent to the City on June 23rd; I have
highlighted the portion dealing with the appli-
cation of late charges to bi-monthly accounts.
I hope this letter and the enclosed copy satisfy
your need for information in this matter. If
not, or if I can help in any other way, please
do not hestitate to contact me.
Sincerely,
Christopher B. Forgy
General Manager
Upon a motion by Councilman Rockoff, letter from Warner
Amex Cable, dated August 15, 1983, regarding late charges, was
received and ordered placed on file.
Councilman Barton stated he received an urgent request
from the League of California Cities for elected officials to come
to Sacramento and help lobby for the restoration or replacement of
$600,000,000 in cuts the Legislature made in the vehicle industry,
Bakersfield, California, August 24, 1983 - Page
Cigarette Taxes and business inventory reimbursements. The
League is asking the City's help and not only that of elected
officials, but also department heads, Redevelopment Agencies,
Chambers of Commerce, Boards of Realtors, Taxpayers' Associations,
Employee Associations and others to lobby in Sacramento. The
Council has just made a commitment to the people that if the City
receives money back from Sacramento, it would be used toward
reducing the Garbage Tax. It is imperative that the Council use
every effort to lobby in Sacramento to restore that $600,000,000
back to cities. The Council is requested, if they can spare the
time, to make arrangements to go to Sacramento and contact any
other organization, that would be beneficial, to lobby Sacramento.
REPORTS
Upon a motion by Councilman Payne, Report from the
Planning Commission regarding Proposed Ordinance Requiring
Conditional Use Permits for Major Retail Developments was moved
forward on the agenda to be discussed at this time.
Councilman Payne read a report from the Planning
Commission regarding Proposed Ordinance Requiring Conditional Use
Permits for Major Retail Developments, as follows:
At its regular meeting of June 22, 1983, the
City Council referred to the Planning Commission
a proposed ordinance which would require Con-
ditional Use Permits for major retail projects.
A public hearing was conducted on this matter
by the Planning Commission on June 7, 1983, at
which testimony was received for and against
the proposal. At the conclusion of the hearing
a Special Planning Commission Committee was
assigned to study this matter further. Following
several meetings with representatives of the
development community and staff, the Committee
recommended that the ordinance not be adopted,
but instead, that an additional policy be added
to Site Plan Review Policies, which would
require an analysis of a project's impacts and
a fair share assessment of their costs to be
paid by the development. The Commission
further deliberated this at length at its
regular meeting of August 18, 1983, and con-
cluded by adopting Resolution No. 54-83 rejecting
the ordinance amendment and adopting Resolution
No. 55-83, a policy which would require major
Bakersfield, California, August 24, 1983 - Page 12
retail development to pay its proportionate
share of the cost of upgrading or constructing
public facilities needed because of the project.
The policy defines "major retail" and "public
facilities" to which it is applicable. It also
provides for selection of consultants to do the
study if needed; specifies how the funds shall
be held, spent or refunded; and requires an
annual review of the need for such improvements.
This resolution recommends that an additional
90 days be allowed to complete the studies
required by this policy and that it would not
affect projects submitted for Building Permit
plan checks by September 1, 1983.
The Planning Commission conditioned its adoption
of Resolution No. 55-83 on the City's retaining
a consultant to work with the City Engineer in
defining the parameters and methodology of
studies and assessments required to implement
the policy. This would clarify the ground
rules of the policy for developers and con-
sultants who will be considering major retail
projects.
It is recommended that:
1. This report be received and placed on fiIe.
2. Planning Commission Resolution No. 54-83
be received and placed on file.
The City Council authorize the City Engineer
to retain a consultant to assist in the
development of parameters and methodologies
to implement the recommended policy, and
that $5,000 be transferred from Council
Contingency Funds to the Public Works
budget for this purpose.
The City Council adopt the resolution
approving and adopting the Site Plan
Review Policy recommended by the Planning
Commission.
The ordinance adding Section 17.53.060 C.8
be introduced and that this be its first
reading.
Councilman Payne made a motion that the report from the
Planning Commission regarding Proposed Ordinance Requiring Condi-
tional Use Permits for Major Retail Developments, be accepted;
Planning Commission Resolution No. 54-83, be received and ordered
placed on file; City Engineer be authorized to retain a consultant
to assist in the development of parameters and methodologies to
implement the recommended policy, and Budget Transfer from the
Council Contingency Fund to the Public Works Budget for this purpose
Bakersfield, Cali£ornia, August 24, 1983 - Page 13
in the amount of $5,000, be approved; Council adopt the resolution
approving and adopting the Site Plan Review Policy recommended by
the Planning Commission; and first reading be considered given an
ordinance adding Section 17.53.060 C.8 to the Bakersfield Munici-
pal Code relative to extensions of time limits for review of Site
Plans on Major Retail Projects.
City Manager Kelmar stated he did not feel $5,000 would
be an adequate amount and thought maybe the Council should authorize
the City Engineer to go through a selection process to solicit
proposals from the consultants and that ultimate approval would
come to the Budget Review and Finance Committee for recommendation
to the Council.
Councilman Payne stated he had no objection to amending
his motion.
Planning Commissioner Camp stated he had no objection to
this change.
Councilman Payne amended his motion to authorize the
City Engineer to go through a selection process to solicit proposals
from the consultants and that ultimate approval go to the Budget
Review and Finance Committee for recommendation to the Council.
Councilman Barton stated the overall ordinance is good,
but there is an area in the ordinance that the Budget Review and
Finance Committee should look at dealing with the latitude of the
Planning Commission in the appeal process, which also deals with
the financing of projects. Perhaps, that subject should also be
referred to the Budget Review and Finance Committee at this time.
Councilman Payne stated he has no objection to referring
anything to the Committee, as long as the five recommendations in
the report are adopted, as written, with the exception of Item
No. 3, the dollar amount.
Planning Commissioner Camp stated he has no objection,
that really is not something that involves the Planning Commission.
He would prefer that the resolution be adopted in its entirety. He
Bakersfield, California, August 24, 1983 - Page 14
stated the subcommittee worked a considerable amount of time and
they feel the recommendations coming to the Council, in the form
of a resolution, is an appropriate manner in which to handle this.
Councilman Barton stated that, perhaps, his suggestion
is a little out of order in regards to the ordinance itself. He
suggested that the ordinance be adopted in its' entirety, but
there is a question, in his mind, that a Planning Commission
Committee and the Budget Review and Finance Committee look at the
ordinance for the impact it may have down the road. There may be
more of the process that can be worked out together on that
particular portion of the ordinance, which has been discussed and
deals with implied, maybe or implied impacts, it could have during
the appeal process by the Planning Commission, which could impact
on the budgetary process.
Planning Commissioner Camp stated he has talked with
several members of the Council who have expressed that concern
regarding the possible budget ramifications. He stated he did
not agree with that, but has talked with several members of the
Planning Commission, and a subcommittee of the Planning Commission
would be happy to meet with a committee of the Council to discuss
this issue.
Upon a motion by Councilman Payne, Report from the
Planning Commission regarding Proposed Ordinance Requiring
Conditional Use Permits for Major Retail Developments, was accepted;
Planning Commission Resolution No. 54-83, was received and ordered
placed on file; the City Engineer was authorized to go through a
selection process to solicit proposals from consultants and that
ultimate approval was referred to the Budget Review and Finance
Committee for recommendation back to the Council; and first reading
vas considered given an Ordinance adding Section 17.53.060 C.8 to th.~
Bakersfield Municipal Code.
Bakersfield, California, August 24, 1983 - Page 15
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Section 17.53.060 C.8. to the
Bakersfield Municipal Code relative
to extensions of time limits for
review of Site Plans on Major Retail
Projects.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Section 17.53.060 C.8.
to the Bakersfield Municipal Code relative to extensions of time
limits for review of Site Plans on Major Retail Projects.
Adoption of Resolution No. 111-83 of
the Council of the City of Bakers-
field approving and adopting Site Plan
Review Policy adopted by the Planning
Commission requiring Major Retail
Projects to pay share of costs of
public facilities the need for which
is wholly or partially attributable
to such projects, and establishing
procedure therefor.
Upon
of the Council
a motion by Councilman Payne, Resolution No. 111-83
of the City of Bakersfield approving and adopting
Major Retail Project to pay share of costs of public facilities the
need for which is wholly or partially attributable to such projects,
and establishing procedure therefor, was adopted by the following
roll call vote:
Ayes:
Councilmen Means, Payne, Ratty, Rockoff, Barton,
Christensen
Noes: None
Absent: None
Upon a motion by Councilman Rockoff, the Budget Review
and Finance Committee was directed to meet with a committee of the
Planning Commission to discuss Paragraph H of Planning Commission
Resolution No. 55-83.
There being no objections, Mayor Shell requested that
Report No. 25-83 from the Budget Review and Finance Committee
regarding Resolution Request by Greater Bakersfield Memorial
Hospital be moved forward on the agenda to be heard at this time.
Site Plan Review Policy adopted by the Planning Commission requiring
Bakersfield, California, August 24, 1983 -Page
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 25-83 regarding Inducement
Resolution Request by Greater Bakersfield Memorial Hospital, as
follows:
Recently, the City Council received a request
from the Greater Bakersfield Memorial Hospital
for a resolution of inducement to allow the
issuance of Revenue Bonds to finance the
expansion and improvement program of the
hospital. The Council referred the matter to
the Budget Review and Finance Committee for
study and recommendation.
This Committee has met with members of the City
staff and officials from Memorial Hospital. We
noted Memorial Hospital is requesting the
inducement resolution to issue $25,000,000 of
Charter City Bonds. The hospital officials
indicated their expansion program will achieve
a substantial reduction of the existing
deficiency of hospital beds within the Bakers-
field area, consequently, serving an important
public purpose. Further, the hospital officials
indicated Charter City Bond financing will
result in a cost curtailment to the patients.
Additionally, we noted it will be necessary
for the City to incur administrative expenses
for such items as reviewing legal documents,
etc. We also felt the residents of the City
of Bakersfield should receive specific benefits
if the City of Bakersfield approves the hospital's
use of the Charter powers to finance its expansion
program. After discussing these matters with the
.hospital officials, we believe a flat fee payment
in the amount of $100,000 to the City will off-
set any costs the City will incur as well as
provide a specific benefit to the residents of
the City.
The hospital officials have agreed to our
request, therefore, this Committee recommends
the City Council approve the resolution of
inducement and consider this first reading of
the ordinance.
Councilman Rockoff stated, so there would be no mis-
understanding, all costs, such as Bond Counsel or issuance expenses,
would be the responsibility of the hospital and not the City of
Bakersfield.
Bakersfield, California, August 24, 1983 - Page 17
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Chapter 3.60 to Title 3 of the
Bakersfield Municipal Code providing
for the City of Bakersfield Health
Facilities Financing Law including
General Provisions and Definitions,
Powers and Procedures to Issue Revenue
Bonds for the purpose of providing
financing to participating health
institutions for specified purposes,
and certain other supplemental pro-
visions.
Upon a motion by Councilman Christensen, first reading
was considered given an Ordinance of the Council of the City of
Bakersfield adding Chapter 3.60 to Title 3 of the Bakersfield
~unicipal Code providing for the City of Bakersfield Health
Facilities Financing Law including General Provisions and Definitions,
Powers and Procedures to Issue Revenue Bonds for the purpose of
providing financing to participating health institutions for speci-
lied purposes, and certain other supplemental provisions.
Adoption of Resolution No. 112-83 of
the Council of the City of Bakers-
field concerning the issuance of
Revenue Bonds to finance the Expansion
and Improvement Program of Greater
Bakersfield Memorial Hospital.
Upon a motion by Councilman Christensen, Resolution No.
112-83 of the Council of the City of Bakersfield concerning the
issuance of Revenue Bonds to finance the Expansion and Improvement
Program of Greater Bakersfield Memorial Hospital, was adopted by
the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton,
Christensen
Noes: None
Absent: None
Mr. Larry Carr, President of Greater Bakersfield Memorial
Hospital, stated, on behalf of the Board of Directors of the
Hospital, he would like to thank the Council for adopting the
resolution. The Board is very happy the Council is working to
develop the financing. While it will not curtail costs, it will
contain costs to the point where the hospital will not be raising
Bakersfield, California, August 24, 1983 - Page 18
any rates, and not including any additional charge to patients to
pay off the debt service or retire the bonds. Additional revenues
generated by the larger patient flow will enable the hospital to
accomplish this. He further stated the Council is doing a real
service for the City and citizens by assisting the hospital with
this financing.
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 12-83 regarding Personnel
and Equipment Costs for Billing and Collection of Refuse Charges,
as follows:
When the City Council adopted the ordinance
imposing charges for refuse collection, it
recognized the need to provide funding for
additional staffing and related operating
expenses. The City Council referred this
matter to the Budget Review and Finance Com-
mittee for study, and at the August 10, 1983,
Council Meeting, that Committee recommended
and Council approved the funding of $53,200
for this purpose. The City Council referred
the request for additional personnel to the
Governmental Efficiency and Personnel Committee
for further study. This Committee has met with
the staff and we concur with the Budget Review
and Finance Committee and, therefore, recommend
the following:
Public Works Department
One new position of Clerk Typist II - salary
range $1,056 to $1,284 per month.
One temporary Clerk Typist I position (six
months).
1983-84 total salaries
$23,700
Equipment costs
95O
Finance Department
One new position of Accounting Clerk II
salary range $1,183 to $1,438 per month.
1983-84 total salaries
$19,300
Equipment costs
9,250
As noted in the August 10, 1983, Budget Review
and Finance Committee report, it would cost the
City $64,500 to provide these same services
through a private vendor. Taking this into
consideration, the Governmental Efficiency and
Personnel Committee is recommending Council
acceptance of this report and approval for funds
in the amount of $53,200 to initiate the refuse
collection charge.
Bakersfield, California, August 24, 1983 - Page 19
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 12-83 regarding Personnel and
Equipment Costs for Billing and Collection of Refuse Charges, was
accepted; one new position of Clerk Typist II and one temporary
Clerk Typist I position for the Public Works Department and one
new position of Accounting Clerk II for the Finance Department,
were approved; and funds, in the amount of $53,200, to initiate
the Refuse Collection Charge, was approved. Councilman Christensen
voted in the negative on this motion.
City Manager Kelmar presented a report regarding Approval
of Parking In Lieu Fees, as follows:
The Council is quite aware of the In Lieu
Parking Fee in the downtown area. Part of the
purpose of the fees collected is to pay for
future parking that is constructed in the
downtown area. The City has three contracts
with property owners within 500 feet of the
proposed parking garage on the 18th and Eye
Parking Lot, which amounts to a little over
$4,900 that has been collected. I would like
the Council to transfer those funds to help
pay for the construction of the parking
garage.
In answer to a question by Councilman Rockoff, City
Attorney Oberholzer stated it is money going to the Redevelopment
Agency, but the Council can look at it from the standpoint that it
is being used for the purpose of providing parking downtown, regard.-
less of who is putting in that parking facility. This would be a
contribution by the City toward a public parking facility.
In answer to a question by Councilman Christensen, City
Manager Kelmar stated these monies have already been collected.
Whatever the Council does in the future, it would have no effect
on the collection of these monies. There is an ordinance in place.
Whatever the Council may do in the future would have no effect on
the collection of these monies. The Business Development and
Parking Committee is meeting on Thursday, August 25, 1983, and
In Lieu Parking Fees is one item to be discussed.
Bakersfield, California, August 24, 1983 - Page 20
Councilman Barton made a motion to grant authorization
for the transfer of In Lieu Fees attributable to the public parking
garage under construction at 18th and Eye Streets.
In answer to a question by Councilman Christensen, City
Attorney Oberholzer stated the In Lieu Fee is not a tax. It is an
option available to new businesses that may be opening or change of
business in the downtown area. It is not a tax, but an option.
There are other options available that downtown businesses can use
to meet the parking requirements.
Councilman Ratty stated that due to a conflict of interest
he would not participate in this matter.
After a lengthy discussion, City Attorney Oberholzer
noted, for the record, that he signaled Councilman Ratty that he
should not participate in the vote regarding In Lieu Fees and that
he did refrain from further participation and discussion on this
issue.
Upon a motion by Councilman Barton, authorization was
granted to transfer In Lieu Fees attributable to the public parking
garage under construction at 18th and Eye Streets. Councilman
Ratty abstained from voting on this matter.
Chief Price reported on the severe rain storm on Thursday,
August 18, 1983. During the last budget session, the Council
approved $439,000 of Revenue Sharing Funds for Capital Projects for
Communications. In order to show how important that was, and the
other $177,000 that the Police Department will be requesting next
year, the first fifteen minutes of that rain storm the City was
totally without radio communications with any units in the field,
due to telephone line problems. The rain was so fast and hard it
separated the radio units from the main transformer on the hill and
it was fifteen minutes before City crews were able to get any of
them up. It was almost eighteen hours before the Police Department
was back in full operation. It was a situation that occurred
because massive amount of water came so quickly and this has occurred
Bakersfield, California, August 24, 1983 - Page 21
on several occasions. Many times the Council is criticized for
spending money and he thought it might be of some benefit for the
Council to know that when the City gets the first phase completed,
the City will be on the microwave and beyond that circumstance.
Councilman Ratty stated there has been some focus, by
the news media recently, on the problem merchants are having with
flooding along 30th and "F" Streets. The problem is quite severe
and damaging. He stated he would like to tell the people that he
has been watching this situation and thought the Homemaker Park and
21st Street storm drain completion would solve this problem. He
also thought the City's storm drains were designed for 100-year
storms. They are not, they are designed for 10-year storms.
Perhaps, at some future date, Public Works Director Hawley would
explain that to the Council and press. He requested staff investi-
gate the possibility of making a drainage sump in the parking area
behind the block bordering 30th, "F" and 24th Streets. There is a
wide parking lot, basically, unused most of the time, and if the
drainage sump could be put there and take the shock of the first
flooding, so the pumps could catch up and give some breather for the
system to handle the volume of water, it might relieve the merchants
of this constant impact of this first flood stage.
City Manager Kelmar stated staff would report back to
the Council.
City Manager Kelmar stated the City had an unexpected
of that storm, for
expense of approximately $10,000 as a result
call out, materials and equipment.
The
(a)
(b)
CONSENT CALENDAR
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 207 to 716,
inclusive, in the amount of $1,158,777.33.
Claim for Damages and Personal Injuries
from Sylvia Krouse, c/o George A. Boyle,
Inc., Attorneys at Law, 416 Truxtun Avenue,
Bakersfield. (Refer to City Attorney)
Bakersfield, California, August 24, 1983 - Page 22
(d)
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(i)
Claim for Damages from The Flower Co.,
315 Main Street, Taft, California.
(Refer to City Attorney)
Claim for Damages and Personal Injuries
from Linwood Preston Keeton, c/o Law
Offices of George A. Boyle, 416 Truxtun
Avenue, Bakersfield. (Refer to City
Attorney)
Claim for Damages from Margarito Cisneros,
318½ South King Street, Bakersfield.
(Refer to City Attorney)
Street Right-of-Way Dedication from The
Housing Authority of the County of Kern
providing an easement for public streets
as required by the Planning Commission
for Parcel Map No. 6948, located on the
south side of Wilson Road and east of
Wible Road.
Public Utility Easement from Bakersfield
Red Lion Motor Inn providing electrical
service to City owned street lights
located along Camino Del Rio Court. The
easement is located approximately 750
feet south of Rosedale Highway between
Camino Del Rio Court and Freeway 99.
Flowage & Access Easement from B. L.
Dickinson, Inc., and R. A. Wadsworth
providing for drainage and access as
required for Tract No. 4486, located on
west side of Fairfax Road and north of
Panorama Drive.
Grant Deed from Tenneco Realty Develop-
ment Corporation for a portion of the
Carrier Canal as required by the Planning
Commission for Parcel Map No. 7007,
located at northeast corner of California
Avenue and Marella Way; and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments in Parcel Map No. 7007.
Map of Tract No. 4269 and Improvement
Agreement with David and Tina Awrey for
construction of improvements therein,
located north of Panama Lane, east of
Akers Road.
Notice of Completion and Acceptance of
Work on demolition of structures on Lake-
view Avenue, Lots i through 6 of Tract
No. 1283, Contract No. 83-112 with Archie
Crippen.
Notice of Completion and Acceptance of
Work on Water System Improvements on 2nd
Street between Donna Avenue and "U"
Street, Contract No. 82-40 with California
Water Service Company.
Bakersfield, California, August 24, 1983 - Page 23
(d) ,
(e) ,
(m)
(n)
(o)
(p)
(q)
(r)
(s)
Upon
(f),
Notice of Completion and Acceptance of
Work on Water System Improvements on 10th
Street east of "T" Street and "T" Street
south of 10th Street, Contract No. 82-37
with California Water Service Company.
Notices of Completion and Acceptance of
Work on:
Tract No. 4395, Unit "C", Contract No.
82-201 with U. S. Home Corporation,
Rocky Mountain Land Division, located
at Dunsmuir Road and Business Center Drive.
Parcel Map No. 6488, Contract No. 82-112
with Quality Investments, Inc., located
at Bernard Street east of Mr. Vernon
Avenue.
Tract No. 4482, Contract No. 83-22 with
Tenneco Realty Development Corporation,
located at Gosford Road and District
Boulevard.
Application for Encroachment Permit from
Michael A. Perkins, 13513 Warrenton Avenue,
Bakersfield, £or construction of a 4 foot
high wrought iron fence along back of
sidewalk on Warrenton Avenue and Kingwood
Street at 13513 Warrenton Avenue.
Application for Encroachment Permit from
Larry D. Mesa, 1605 Wilson Road, Bakers-
field, for construction of a 3 foot high
chain link fence along back of sidewalk
at 1605 Wilson Road.
Plans and Specifications for construction
of Metal Beam Guard Rail on Stockdale
Highway on the east bound approach to the
Kern River Bridge and on Monterey Street
in the vicinity of Brown Street.
Request from Golden Coast Development
Company for an Extension of Time to
complete improvements in Parcel Map No.
5551, Agreement No. 82-136, located on
Mr. Vernon Avenue, southerly of Bernard
Street. The Public Works Department
recommends a six month extension from
August 4, 1983, to February 4, 1984. The
remaining improvements include extending
the sewer to serve Parcel C.
Supplemental Agreement to Master Agreement
for Federal Aid Project M-3007(2) on Union
Avenue from Columbus Street to Irene Street;
and on Manor Street from Columbus Street to
Denise Avenue.
a motion by Councilman Means, Items (a), (b),
(g), (h), (i), (j), (k), (1), (m), (n), (o),
(c) ,
(P),
Bakersfield, California, August 24, 1983 - Page 24
(q), (r) and (s) of the Consent Calendar, were adopted by the
following roll call vote:
Ayes Councilmen Means, Payne, Ratty, Rockoff, Barton
Noes
Absent:
None
Councilman
Christensen
ACTION ON BIDS
Upon a motion by Councilman Ratty, usual bidding require-
ments were dispensed with, in accordance with Section 3.20.060 of
the Municipal Code, and the Finance Operations Manager was authorized
to negotiate a price with Motorola Communications for Thirteen
Mobile Radios and Six Portable Radios for the Fire Department, not
to exceed the budgeted amount of $43,000.
Upon a motion by Councilman Rockoff, bid of Abate-A-Weed
for Annual Contract for application of Chemicals, was rejected and
the Finance Operations Manager was authorized to rebid the contract.
Upon a motion by Councilman Ratty, low bid of Klassen
Corporation, in the amount of $22,299, for Engineered ~etal Buildi~.g
for Ashe Water Pumping Plant No. 12, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Rockoff, low bid of Jerilco
International, Inc., in the amount of $77,434.10, for construction
of the Landfair Storm Drain Modifications, was accepted, all other
bids rejected and the Mayor was authorized to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2865 New
Series of the Council of the City of
Bakersfield amending Section 5.16.070
A.4. of the Bakersfield Municipal
Code to allow 8 Players instead of 7
Players at a Table in Cardrooms.
Upon a motion by Councilman Rockoff, Ordinance No. 2865
New Series of the Council of the City of Bakersfield amending
Section 5.16.070 A.4. of the Bakersfield Municipal Code to allow
8 Players instead of 7 Players at a Table in Cardrooms, was adopted
Bakersfield, California, August 24, 1983 - Page 25
by the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton
Noes: None
Absent: Councilman Christensen
Adoption of Ordinance No. 2866 New
Series of the Council of the City of
Bakersfield repealing Section 5.50.220
and amending Section 5.50.230 B. of
the Bakersfield Municipal Code
relative to Chauffeured Limousine
Service.
Upon a motion by Councilman Ratty, Ordinance No. 2866
New Series of the Council of the City of Bakers£ield repealing
Section 5.50.220 and amending Section 5.50.230 B. of the Bakers-
field Municipal Code relative to Chauffeured Limousine Service,
was adopted by the following roll call vote:
Ayes Councilmen Means, Payne, Ratty, Rockoff, Barton
Noes None
Absent: Councilman Christensen
Adoption of Ordinance No. 2867 New
Series of the Council of the City of
Bakersfield amending Chapter 12.36 of
the Bakersfield Municipal Code relative
to Curbs, Gutters, Sidewalks, Driveway
Approaches, Connecting Pavement and
Canal Fencing.
Upon a motion by Councilman Payne, Ordinance No. 2867
New Series of the Council of the City of Bakersfield amending
Chapter 12.36 of the Bakersfield Municipal Code relative to Curbs,
Gutters, Sidewalks, Driveway Approaches, Connecting Pavement and
Fencing, was adopted by the following roll call vote:
Means, Payne, Ratty, Rockoff, Barton
Canal
Ayes:
Noes:
Absent:
Councilmen
None
Councilman
Christensen
Adoption of Ordinance No. 2868 New
Series of the Council of the City of
Bakersfield amending Title Seventeen
of the Bakersfield Municipal Code by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located on the north
side of Panama Lane, 660 feet west
of Wible Road.
Bakersfield, California, August 24, 1983 - Page 26
The application for this amendment was made by Regional
Mortgage Company and would change subject property from an R-2-D
(Limited Multiple Family Dwelling - Architectural Design) Zone to
a C-1 (Limited Commercial) Zone.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2868 New Series of the Council of the City of
Bakersfield amending Title Seventeen o£ the Bakersfield Municipal
Code by changing the Land Use Zoning of that certain property in
the City of Bakersfield located on the north side of Panama Lane,
660 feet west of Wible Road, finding said zoning consistent with
the General Plan, were adopted by the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton
Noes: None
Absent: Councilman Christensen
Adoption of Ordinance No. 2869 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 on the north and
south sides o£ Beechwood Street, 130
feet west of Starwood Lane, and
making findings in connection with a
P.U.D. Zone.
The application for this amendment was made by U. S. Home
Corporation and would change subject properties from an R-2 (Limited
Multiple Family Dwelling) Zone to a P.U.D. (Planned Unit Developmenlo)
Zone, consisting of 50 low density detached garden units, 133 medium
density townhouses, 118 high density condominiums, a recreation
building and swimming pool.
The Planning Commission recommended approval of this
amendment, subject to 12 additions to the plan for Phase I, and 15
additions to the plan for Phase II, and made findings delineated
in Section 17.52.070 of the Municipal Code.
Bakersfield, California, August 24, 1983 - Page 27
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2869 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 on the north and south sides of
Beechwood Street, 130 feet west of Starwood Lane, and making
findings in connection with a P.U.D. Zone, finding said zoning
were adopted by the following
consistent with the General Plan,
roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton
Noes: None
Absent:
Councilman Christensen
Adoption of Zoning Resolution No.
307 of the Council of the City of
Bakersfield affirming the decision
of the Board of Zoning Adjustment
denying a Modification to eliminate
the required seven off-street parking
spaces on that certain property
commonly known as 1525 - 19th Street.
This resolution formally embodies and establishes the
decision of the Council following the appeal hearing on this matter
held August 10, 1983.
Upon a motion by Councilman Payne, Zoning Resolution No.
307 of the Council of the City of Bakersfield affirming the decision
of the Board of Zoning Adjustment denying a Modification to eliminate
the required seven off-street parking spaces on that certain
property commonly known as 1525 - 19th Street, was adopted by the
following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton
Noes: None
Absent: Councilman Christensen
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 approximately 1/8 mile south
of Fraser Road and 1/8 mile west of
Old River Road.
Bakersfield, California, August 24, 1983 - Page 28
The application for this amendment was made by Kamwil,
Inc., and would change subject properties from an "A"
Zone to an R-1 (One Family Dwelling) Zone.
The Planning Commission recommended approval of this
amendment.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Title Seventeen of the
Bakersfield Municipal Code by changing the Land Use Zoning of those
certain properties in the City of Bakersfield located approximately
1/8 mile south of Fraser Road and 1/8 mile west of Old River Road.
Adoption of Resolution No. 113-83 of
the Council of the City of Bakers-
field declaring it has reviewed,
evaluated and considered the infor-
mation contained in the Final EIR
for the 2,800-acre Groundwater
Recharge Facility along the Kern
River for the City of Bakersfield,
making findings, and certifying that
said Final EIR has been completed in
compliance with the California Environ-
mental Quality Act, the State EIR
Guidelines and City Council Resolution
No. 60-80.
This resolution makes certain findings and certifies
completion in compliance with CEQA requirements of the Final EIR
on the 2,800-acre Groundwater Recharge Project.
The Planning Commission held a public hearing on the
draft EIR on April 21, 1983, and recommended certification of the
Final EIR to the City Council on August 18, 1983.
Upon a motion by Councilman Barton, Resolution No. 113-83
of the Council of the City of Bakersfield declaring it has reviewed,
evaluated and considered the information contained in the Final
EIR for the 2,800-acre Groundwater Recharge Facility along the
Kern River for the City of Bakersfield, making findings, and
certifying that said Final EIR has been completed in compliance
with the California Environmental Quality Act, the State EIR Guide-
lines and City Council Resolution No. 60-80, was adopted by the
(Agricultural)
Bakersfield, California, August 24, 1983 - Page 29
following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton
Noes: None
Absent:
Councilman Christensen
Approval and Adoption of Negative
Declaration for City of Bakersfield
1980 State Park Bond Act Funds
Application for the Development of
three neighborhood parks in South-
west Bakersfield.
This action is required by the State Department of Parks
and Recreation to complete the application approved by the City
Council (Resolution No. 100-82), on September
California Environmental Quality Act (CEQA).
has been advertised for written comment, both
1, 1982, and by the
The proposed action
locally and to
responsible State agencies. No comments have been received during
the review period.
Upon a motion by Councilman Payne, Negative Declaration
for the City of Bakersfield 1980 State Park Bond Act Funds Appli-
cation for the development of three neighborhood parks in Southwest
Bakersfield, was approved and adopted by the following roll call
vote
Ayes
Noes
Absent:
Councilmen Means, Payne, Ratty, Rockoff, Barton
None
Councilman Christensen
Approval of Lease Agreement between
the City of Bakersfield and Bakers-
field Association for Retarded Citizens
(B.A.R.C.), for the property at 600
and 601 - 5th Street and the Jing
House on 5th Street.
This is a renewal of the above described lease agreement
for the period August l, 1983, through July 31, 1984, at the rate
of $1,100 per month. B.A.R.C. has requested the second year option
on this two year agreement.
Upon a motion by Councilman Payne, Lease Agreement between
the City of Bakersfield and Bakersfield Association for Retarded
Citizens (B.A.R.C.), for the property at 600 and 601 - 5th Street
and the Jing House on 5th Street, was approved and the Mayor was
authorized to execute same.
Bakersfield, California, August 24, 1983 - Page 30
Approval of TRW Subscriber Service
Agreement for credit reporting
services.
TRW Credit Reporting Services will directly benefit the
Community Development Rehabilitation Loan Program by streamlining
the loan processing operation. Cost of services will include a one
time membership charge of $90.00 and a $15.00 minimum monthly
charge. Each credit report will cost $2.65. Approximately 150
reports will be required each year for a total of approximately
$400.00 per year. The credit reports will enable staff to evaluate.
the debt ratio for loan applicants and reduce the number of denials
at the bank due to poor credit.
Upon a motion by Councilman Means, TRW Subscriber Service
Agreement for credit reporting services, was approved and the Mayor
was authorized to execute same.
Approval of Agreement with the Housing
Authority of the County of Kern to
provide Community Development Block
Grant Funds to install Fire System
Improvements for Plaza Towers, Phase
2.
As part of the construction of Phase 2 - Plaza Towers 82
unit elderly housing complex at 3015 Wilson Road, the Housing
Authority is required to install two (2) additional fire hydrants
to meet City Fire Standards. Total cost to complete these improve-
ments is $27,500. Funds are available through the Community
Development Block Grant Program.
The request for funding was approved on June 8, 1983, as
recommended by the Budget Review and Finance Committee in Report No.
16-83.
Upon a motion by Councilman Barton, Agreement with the
Housing Authority of the County of Kern to provide Community
Development Block Grant Funds to install Fire System Improvements
for Plaza Towers, Phase 2, was approved and the Mayor was authorized
to execute same.
Bakersfield, California, August 24, 1983 - Page 31
Approval of Modification to Agree-
ment No. 79-83 between the City of
Bakersfield, United Brotherhood of
Carpenters and Joiners of America,
Local Union 743 AFL-CIO, and the
County of Kern providing an addi-
tional $50,000 of Community Develop-
ment Block Grant Funds to carry out
services for the Repair Program as
stipulated in the Agreement.
This modification to Agreement No. 79-83 extends the
contractural agreement with the Carpenters Local and the County of
Kern up to and including September 30, 1984.
Upon a motion by Councilman Barton, Modification to
Agreement No. 79-83 between the City of Bakersfield, United Brother-
hood of Carpenters and Joiners of America, Local Union 743 AFL-CIO,
and the County of Kern providing an additional $50,000 of Community
Development Block Grant Funds to carry
Program as stipulated in the agreement,
was authorized to execute same.
out services for the Repair
was approved and the Mayor
Authorization granted to staff to
submit the Community Development
Block Grant Grantee Performance
Report for 1982-83 to HUD for review.
Pursuant to Section 104(d) of the Housing and Community
Development Act of 1974, each jurisdiction receiving Community
Development Block Grant Funds must report to HUD on the progress of
activities funded for the past program year.
Upon a motion by Councilman Barton, staff was authorized
to submit Community Development Block Grant Grantee Performance
Report for 1982-83 to HUD for review.
Acceptance of Grant and Approval of
Contract with the State Office of
Historic Preservation regarding the
Cultural Resource Survey, selection
of Consultant and designation of
Survey Area.
The application for this grant was previously authorized
by the City Council on January 19, 1983. The Historic Preservation
Commission, after review of the grant requirements, is recommending
a consultant and survey area boundary to Council for approval.
Bakersfield, California, August 24, 1983 - Page 32
Upon a motion by Councilman Ratty, Grant money, was
accepted; and Contract with the State Office of Historic Preser-
vation regarding the Cultural Resource Survey, selection of
Consultant and designation of Survey Area, were approved and the
Mayor was authorized to execute the contract.
Approval of Agreement between the
City of Bakersfield and Panama Union
School District for an After-School
Program.
This is a renewal of the yearly contract for the operation
of an after-school program in the Panama Union School District.
Upon a motion by Councilman Payne, Agreement between the
City of Bakersfield and Panama Union School District for an After-
School Program, was approved and the Mayor was authorized to
execute same.
First reading of an Ordinance of the
Council of the City'of Bakers£ield
adding Section 8.28.025 and amending
Sections 8.28.030 A., 8.28.040,
8.28.090 A., 8.28.100 C., and
8.82.110 C. of the Bakersfield
Municipal Code relative to Weeds and
Debris.
This ordinance adds Section 8.28.025 giving the Fire
Chief discretion to determine that nuisances resulting from weeds
and debris may be abated by removal of less than all such weeds
and debris,
border only,
the chapter.
Fire Chief.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Section 8.28.025 and
amending Sections 8.28.030 A., 8.28.040, 8.28.090 A., 8.28.100 C.,
and 8.28.110 C. of the Bakersfield )~unicipal Code relative to
Weeds and Debris.
e.g., by removal of weeds and debris from perimeter or
and makes conforming amendments to other sections in
This ordinance is submitted at the request of the
312
Bakersfield, California, August 24, 1983 - Page 33
Adoption of Emergency Ordinance No.
2870 New Series levying upon the
full taxable value of the taxable
property in the City of Bakersfield,
except that area known as the Rio
Bravo Annexation, a percentage rate
of taxation upon each dollar of
valuation for the Fiscal Year
beginning July 1, 1983, and ending
June 30, 1984.
This ordinance represents the Property Tax levies for
the 1983-84 Fiscal Year for the outstanding general obligation
bond issues of the City of Bakersfield (1966 ~unicipal Improvement
Bonds, Series A and Series B).
Upon a motion by Councilman Rockoff, Emergency Ordinance
No. 2870 New Series levying upon the full taxable value of the
taxable property in the City of Bakersfield, except that area known
as the Rio Bravo Annexation, a percentage rate of taxation upon
each dollar of valuation for the Fiscal Year beginning July l, 1983,
and ending June 30, 1984, was adopted by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmen Means, Payne, Ratty,
None
Councilman Christensen
ADJOURNMENT
There being no
Council, upon a motion by Councilman Means,
adjourned at 11:05 P.M.
Rockoff, Barton
further business to come before the
the meeting was
MAYOR of thyity of Bakersfield, Calif.
ATTEST:
CI Ex/Officio Clerk of the Council
of the City of B~/kersfield, California
cw/ma
Bakersfield, California, September 7, 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., September 7, 1983.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Reverend Ron Chapman
of the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Payne, Ratty, Barton,
Christensen, Means
Absent: Councilman Rockoff
Minutes of the joint public hearing of August 17, 1983,
were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mrs. Martha Walters, 3301 Dwight Street, asked questions
regarding the Redevelopment Agency and requested that those
questions and answers be made a part of the minutes of tonight's
meeting:
Can the information concerning the total
indebtedness of the Redevelopment Agency
be given, breaking it into the amounts
spent on landbanking, consultants, archi-
tects, administrative costs, attorneys,
etc. If that cannot be furnished tonight,
then, at least, the total indebtedness of
landbanking within the district to date.
2. Revenues currently being received and also
revenues received in the past.
City Manager Kelmar stated there is an annual financial
report prepared for the Redevelopment Agency, which is audited by
an outside Certified Public Accounting firm, that is available to
the public and would answer many of Mrs. Walters' questions in
terms of expenditures for different items. As far as the Land-
banking Program is concerned, the Redevelopment Agency has acquired
the following three properties:
1212-1216 19th Street, comprised of 3
small stores. The purchase price was
$105,000 and the Agency is receiving rent
from tenants at $175.00 per month, for
Bakers£ield,
California,
September 7, 1983 - Page 2
each store. The Agency authorized a notice
to be sent to the tenants giving 6 months
to vacate. That particular building will
be demolished.
American National Bank property on 19th
Street, acquired by the Redevelopment
Agency. Escrow closed on December 31,
1982, and the purchase price was $975,000.
The down payment was $275,000 cash, and
the bank took a 5 year note on the re-
maining balance of interest only at 12%.
Presently the basement is being leased to
American National Bank for $1,500 per
month. The leasing agency informed him
that by the end of this week the Redevelop-
ment Agency should have a lease on the
entire ground floor, which will generate
over $7,000 per month for the Agency.
3. Property at 2022 "L" Street was purchased
for $180,000 and it is vacant.
City Manager Kelmar invited Mrs. Walters to come into
the Finance Department and they will furnish her with a copy of
the annual financial report.
Mrs. Walters, in regards to tax increments, asked what
the total amounts being received are. If they are being invested
and rate of return on investments.
City ~anager Kelmar stated last year the Redevelopment
Agency received approximately $840,000 in tax increments. That
money is utilized to pay for operational expenses, along with land-
banking and other projects. While the money is not being utilized
it is invested with the rest of the City's money in the money
market and other types of investments the Agency is allowed to
invest in.
Mrs. Walters asked how tax increments are received. She
understands that the base was established in 1978, for a tax base
on total property values in the Redevelopment District. The base
was frozen at that level for the amounts the City of Bakersfield
would receive, and as properties are sold or improvements made it
is reassessed and taxes increased. The value of the property
increases by reassessment and then the taxes increase. The amount
over and above the base, established in 1978, goes to the tax
;';i5
Bakersfield, California, September 7, 1983 - Page 3
increment for the Redevelopment Agency. They apply for this
annually to the Kern County Auditor-Controller, where the City of
Bakersfield's tax monies are also issued. She understands the
Redevelopment Agency must show that they are in debt in order to
receive a tax increment. Even $1.00 will suffice to show that they
are in debt, so they can receive their tax increment. Mrs. Walters
asked if the total tax increments received are a matter of record
here tonight, that is, the total sum received from tax increments.
She also understands, from a question to the City Attorney at an
earlier Council Meeting, that Redevelopment Agency tax increments
cannot be used to retire City debts. Could they be used by appli-
cation of merchants and property owners for themselves, in an
agreed upon plan to make improvements on their businesses and
properties in the downtown area within the Redevelopment District?
Does that mean that other tax revenues that would have been issued
to the City of Bakersfield, if there was no Redevelopment Agency,
they (schools, water agency, etc.), could also apply for this type
of funds? What she is asking, if it were approved, could the
businesses and property owners in the Redevelopment District, who
would like to make improvements to their property and have been
paying since 1978 and prior to that into the Redevelopment Agency
Tax Increment Fund by elevated taxation, have that returned to make
improvements to their properties?
City Manager Kelmar stated, in order to clarify a few
points stated by Mrs Walters, the Redevelopment Agency initially
adopted a project area in the early 1970's, a certain area, and
the assessed value was frozen at that time. Since that time there
have been two additional amendments expanding the project area.
In response to Mrs. Walters' comment regarding 1978, that is not
correct. It began early in the 1970's. If the Redevelopment
Agency had a Commercial Rehabilitation Program it is conceivable
that those monies could be made available. The City, through the
Community Development Program, has a Commercial Rehabilitation
Bakersfield, California, September 7, 1983 - Page 4
Program and funds are available for rehabilitating business in the
downtown area and other places. As far as others applying for it,
the Redevelopment Agency cannot expend money for rehabilitating
outside the boundaries
Mrs. Walters
to date are available.
received.
however,
of the project area.
asked if the total tax increments accrued
City Manager Kelmar stated $840,000 is presently being
When it started it may have been $20,000 the first year:.
it has grown through the years. It has not been $840,000
since the beginning of the Redevelopment Agency.
Mayor Shell stated she could answer a
questions
questions
lot of Mrs. Walter's
and invited her to come into her office.
Mrs. Walters stated she wanted to make sure these
and answers are made public, because a lot of people do
not have the information.
City Manager Kelmar stated all these transactions have
been conducted in public. All the landbanking actions have been
done in public meetings and are in the minutes of the Redevelop-
ment Agency. Any transaction the Redevelopment Agency has been
involved in, since it was established, is in the minutes.
Mrs. Walters asked if the bonds, such as those issued to
Memorial Hospital and earlier to the Old Church Plaza, are issued
by the City or Redevelopment Agency.
City, what revenue guarantees do they
Agency underwriting them?
City Manager Kelmar
If they are issued by the
have? Is the Redevelopment
stated those bonds are not issues or
obligations of the City of Bakersfield. They are obligations of
the hospital and organization that rehabilitated the Old Church
Plaza. The City is under no obligation. The City acts as a vehicle
to allow tax exempt financing to occur. The security of those
issues are the properties, such as the hospital and Old Church
Plaza. There is no liability to the City of Bakersfield, Redevelop-
ment Agency or taxpayers of the City of Bakersfield.
Bakersfield, California, September 7, 1983 - Page 5
Mrs. Walters asked i£ the amendment to the agreement
with the Downtown Business Association for use of the Downtown
Improvement District Funds to pay the debt of $20,000 for the Sill
Lot purchase, Item (f) under the Consent Calendar, is Redevelop-
ment funds or another type of fund.
City Manager Kelmar stated the Downtown Improvement
District was formed at the request of businesses within a certain
boundary in the downtown area.
and the City simply collects it
operations.
They have taxed themselves annually
and gives it back for their
Mr. Christopher B. Forgy, General Manager of Warner Cable
Company, 201 Union Avenue, referring to a letter he sent to the
Council dated September 6, 1983, requested that the ~anagers of
both local cable television companies be invited to a Budget Review
and Finance Committee Meeting to discuss the issue of Federal
Legislation on cable television, before the Council takes any
further public position or action.
Upon a motion by Councilman Ratty, the matter of Federal
Legislation on cable television was referred to the Budget Review
and Finance Committee and the Manager of both local cable tele-
vision companies are to be invited to that Committee's meeting to
discuss this matter.
Mr. William Lott, 3001 Berger Street, stated he would
like to make the Council aware of some problems caused by oiling
of the streets. The City has been oiling his area for the past
week to l0 days. He realizes this is an essential operation to
preserve streets, however, his swamp cooler picked up the fumes
and something black from the oil has gotten on his ceilings. He
felt something should be done. Just prior to spraying the street
someone requested that cars be moved off the street. There were
two cars parked in front of his house and he was out of town and
his wife is disabled. It left a large section of the street un-
treated. Mr. Lott suggested that the City notify the residents
Bakersfield, California, September 7, 1983 - Page 6
the day before the street is treated and give people a chance to
move their vehicles. Eveh though they went around his cars there
is an oily film on them. Mr. Lott also asked questions regarding
the City ordinance prohibiting parking on streets longer than 72
hours. He does not have a garage for his vehicles and has to
park at least one on the street. The Police Department marks the
car tires and street with chalk and he has been advised that it
is illegal to remove these marks. He moves the car every day or
so, but it is to a point where it cannot be moved anymore due to
all the chalk lines. He was issued a ticket informing him if it
continues the car will be towed away and impounded. He felt the
3 day limit should be changed to at least one week.
Director of Public Works Hawley stated each year the
Street Division oils several miles of roadway. In the last year
£our complaints have been received, all having to do with vehicles
traveling through an area that had been oiled. On two occasions
all that was required was that the vehicles be washed and the City
made arrangements for that. In the last 20 years he did not
recall a single instance where someone complained that this
operation caused damages to buildings and he did not see how that
could occur. Mr. Hawley requested that Mr. Lott leave a phone
number so he could be reached.
Police Chief Price stated the City's Abandoned Vehicle
Ordinance complys with State Law, which authorizes local authorities
to establish a 72 hour towaway for vehicles that are left unattended
on the street. It use to be 120 hours, but the State cut it back
to 72 hours. If Mr. Lott erases the marks in an attempt to evade
the law that is illegal. tie may erase the excess marks. City
streets were not designed for vehicle storage. If vehicles are not
in regular use they should be parked somewhere other than the
streets and that it what the law was designed for. It is generally
enforced due to a complaint from a neighbor. Just moving a vehicle
is not really fulfilling the spirit of the law.
Bakersfield, California, September 7, 1983 - Page 7
CORRESPONDENCE
Upon a motion by Councilman Means, communication from
Golden Empire Transit District, dated August 29, 1983, informing
the Council that the Board of Directors of Golden Empire Transit
District voted in favor of constructing a Downtown Transitway and
requested a meeting to discuss the project, was received and
referred to the Voucher Approval Committee.
Upon a motion by Councilman Ratty, communication from
the City of Culver City, dated August 29, 1983, regarding Cigarette
Tax, Charter City Revenue vs State Subvention, was received and
referred to the Budget Review and Finance Committee.
Councilman Barton suggested that the Budget Review and
Finance Committee investigate other possible subventions, along
with the Cigarette Tax.
Upon a motion by Councilman Payne, communication from
Ralph R. Chute, 4609 Parkwood Court, dated August 31, 1983, sub-
mitting a log of cable television broadcasting for the month of
August, 1983, was received and referred to staff.
Upon a motion by Councilman Christensen, communication
from Jerry Dodd, Vice-President of Meerza & Associates, dated
September 1, 1983, expressing his support of the Council, was
received and ordered placed on file.
COUNCIL STATEMENTS
Councilman Barton stated this past weekend another
serious accident occurred at the intersection of White Lane and
Fambrough Drive. This intersection has had several very serious
accidents and he requested that the Traffic Authority investigate
the matter and report back to the Council.
Councilman Barton read a memorandum from Director of
Water Resources Dow, dated August 19, 1983, regarding Legal Needs
of Water Resources Department, as follows:
The Water Board met on July 27, 1983, and dis-
cussed the matter of increasing consulting costs
Bakersfield, California, September 7, 1983 - Page 8
within the Water Resources Department. The
Board discussed the many legal matters and
pending litigation facing the Water Resources
Department. It was felt the time may be
appropriate for the City to hire an additional
attorney in the Attorney's Office to handle
the day to day matters o£ the Water Resources
Department and work with the consulting
attorney on matters of pending litigation.
The Water Board passed a motion to request the
City Council to refer this matter to the
Governmental Efficiency and Personnel Committee
for study and recommendation.
Upon a motion by Councilman Barton, the matter of hiring
an additional attorney to handle matters of the Water Resources
Department and work with the consulting attorney on matters of
pending litigation, was referred to the Governmental Efficiency
and Personnel Committee for study and recommendation.
Councilman Means stated that at a recent Council Meeting
the Council met in Closed Session regarding an issue that has been
discussed by the Water Board for some time. In an attempt to get
as much information as possible, he requested a copy of a state-
ment that was read by the City's Water Attorney. Since it is part
of a Closed Session, and in order to obtain a copy, he will have
to have a resolution passed by the Council.
City Attorney Oberholzer stated the Brown Act contains
special provisions with respect to Closed Sessions. There is a
specific provision that states, if a record is to be kept, then
by ordinance or resolution, the Council could require the City
Clerk to keep a minute book of those proceedings. That minute
book would only be available to the members of the Legislative
body for their review. There are provisions in the Brown Act that
allow the Council to lessen those requirements to make information
more easily accessible to the public generally. If a Councilman
wants something from a Closed Session it would be appropriate for
the staff to provide it without an action of the body involved in
the Closed Session.
In answer to a question by Councilman Ratty, Councilman
Means stated he wants the document for his own information. His
Bakersfield, California, September 7, 1983 - Page 9
main concern is that that particular issue, that has been discusse,~
for quite some time, is complex. He felt that all the Councilmen
should get it and he does not want the information to get out. He
would like a background paper from the staff on the general nature
of that particular problem.
Councilman Ratty asked if a summary of the matter would
suffice.
Councilman Means stated that a summary with the history
and basic essence of it would be fine.
City Attorney Oberholzer stated most of the time when
the Council goes into Closed Session it involves litigation and
that creates some concern with the attorneys when documents are
printed that can be read or viewed by the public. If the Council
desires to do something on this particular issue, with respect to
providing a summary or background for the Council, it is recommended
that it not be something that is printed or allowed to be taken out
by a Councilman. It should be treated similar to minutes. One
confidential copy should be made and kept in the Clerk's Office
where the Council can read it. That would preclude the chance,
not intentionally, of someone taking it out of the premises and it
getting into the hands of someone and would cause concern for the
attorneys.
Councilman Barton expressed his concern about the opposing
attorneys finding out the things the Council knows and felt the
attorney-client relationship should be protected.
Councilman Ratty suggested that the matter be discussed
with the Council and not put in writing.
Councilman ~eans stated he also is concerned that a
printed document not get out to the public, however, the Water
Board has been involved with this issue for some time and has
received written information on various aspects of the issue. That
puts the Water Board in an exclusive relationship on that issue.
Bakersfield, California, September 7, 1983 - Page 10
He does not want to make an issue of this, but on the other hand,
it is not sufficient. He wants the information made available to
him. This item is serious enough and he wants all the information
he can obtain in order to make a decision about what direction he
feels the Council should take. He did not feel the Water Board
should have more information than the rest of the Council. He
wants a summary describing the history and specifics of the problem
as it exists today.
against
individual will dictate whether or not
which he knows is confidential and not
the City.
Councilman Christensen asked what the safeguards are
a person with a photographic memory.
City Attorney Oberholzer stated the integrity of the
he releases information
in the best interests of
Councilman Means made a motion that a summary describing
the history of the problem, as well as details of the present
situation and ramifications, similar to the one the Water Attorney
presented at the last meeting, be written by the Water Attorney,
City Attorney or City Water staff and given to him.
Councilman Payne stated he has the same concerns ex-
pressed by other Councilmen, because this is a tremendously
important issue. He is not challenging anyone's integrity, but
accidents happen and mistakes are made. It could be very detri-
mental to have this information get out of the Council's hands.
Councilman Payne suggested that the ordinance be amended and the
Water Board's membership expanded so other Councilmen could attend
the meetings on a regular basis to avoid documenting this infor-
mation.
City Attorney Oberholzer stated the entire Council can
act as the Water Board, if they so desire. If that is done Water
matters could be handled at the Council ~eetings and the Water
Board dissolved.
Bakersfield, California, September 7, 1983 - Page ll
Councilman Means amended his motion that summary describing
the history of the problem, as well as details of the present situa-
tion and ramifications, similar to the one the Water Attorney
presented at the last meeting, be written by the Water Attorney,
City Attorney or City Water staff and kept in the City Clerk's
Office for the Council to read and make notes, not for making
copies. This motion was unanimously approved.
Mayor Shell stated Ms. Jo Perez from the Business
Development Corporation, is putting together a recognition of
minority business in this area the first week in October, 1983,
and has requested that the Council act on a Memorandum of Under-
standing between the City and minority businesses. Mayor Shell
requested that this matter be referred to the Business Development
and Parking Committee for study and recommendation.
Upon a motion by Councilman Barton, the matter of a
Memorandum of Understanding from Ms. Jo Perez regarding recog-
nition of minority business for the first week of October, 1983,
was referred to the Business Development and Parking Committee for
study and recommendation.
REPORTS
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 17-83 regarding Request of
Sun Aire to Use City Seal on Aircraft, as follows:
Recently, the Mayor and City Council received
correspondence from Sun Aire requesting per-
mission to use the seal of the City of Bakers-
field on the side of their aircraft #N752S.
The City Council referred the matter to the
Business Development and Parking Committee for
study and recommendation.
This Committee has met with members of the City
staff to review the request of Sun Aire. We are
pleased with the request and believe approval
will reflect positively on the City of Bakers-
field.
Therefore, this Committee recommends the City
Council approve the use of the City Seal on
Sun Aire's aircraft.
?.24
Bakersfield, California, September 7, 1983 - Page 12
Councilman Barton made a motion that Business Development
and Parking Committee Report No. 17-83 regarding Request of Sun
Aire to Use City Seal on Aircraft, be accepted; and use of City
Seal on Sun Aire's aircraft, be approved.
Councilman Christensen offered a substitute motion that
Business Development and Parking Committee Report No. 17-83
regarding Request of Sun Aire to Use City Seal on Aircraft, be
accepted; and use of City Seal on Sun Aire's aircraft and any
commercial carrier who requests it, be approved. This motion was
approved by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means
Noes: Councilmen Payne, Ratty
Absent: Councilman Rockoff
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 18-83 regarding Art Gallery
and Community House Parking, as follows:
At the Council Meeting of August 24, 1983, the
City Council received correspondence from the
Bakersfield Art Association, Inc. The
correspondence requested assistance from the
City Council in resolving the parking problem
which exists for both workers and visitors of
the Cunningham Memorial Art Gallery and the
Community House. The matter was referred to
the Business Development and Parking Committee
for study and recommendation.
This Committee has met with members of the City
staff to review the matter. We were pleased to
note the Police Department has been studying
the parking problem and presented us with what
we consider to be viable recommendations and
solutions.
The recommendations, in which we concur and
recommend Council approval, are:
Four spaces in the Community House parking
lot be reserved for use by the Art Gallery.
All remaining spaces in the Community
House parking lot be reserved for use by
the Community House within certain hour
limitations.
Those hour limitations to be 9:00 A.M. to
4:00 P.M., Monday through Saturday. Also,
the hours must be posted.
Bakersfield, California, September 7, 1983 - Page
Upon a motion by Councilman Barton, Business Develop-
merit and Parking Committee Report No. 18-83 regarding Art Gallery
and Community House Parking, was accepted; four spaces in the
Community House Parking Lot are to be reserved for use by the Art
Gallery and all remaining spaces are to be reserved for use by the
Community House within certain hour limitations; and the hour
limitations are to be 9:00 A.M. to 4:00 P.M., Monday through
Saturday, and the hours are to be posted.
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 19-83 regarding Request of
Downtown Business Association Regarding Parking, as follows
Recently, the City Council received correspond-
ence from the Downtown Business Association
(DBA) requesting certain changes be made down-
town to help alleviate parking problems during
the construction of the parking facility at
18th and Eye Streets. The matter was referred
to the Business Development and Parking Com-
mittee for study and recommendation.
Correspondence from the DBA contained two
suggestions they felt would alleviate the
parking problems. First, they suggested the
City-owned parking lot between 22nd and 23rd,
Eye and "H" Streets be converted to free
parking from the existing metered parking.
Second, they requested the 90-minute parking
limitation in the vicinity of Eye Street,
between 18th Street and the alley, be converted
to 12-minute limitation.
This Committee reviewed the two suggestions
with City staf£. In the opinion of the Chief
of Police, a 12-minute limitation on parking
would not be enforceable. We concur with the
Police Chief and as such believe that suggestion
not to be viable. While reviewing the suggestion
of free parking, we noted the parking lot being
discussed has a very low usage. Considering
the fact, and in light of the fact the free
parking would be temporary until such time as
the parking facility under construction is
completed, we believe this suggestion to be
acceptable.
Therefore, we recommend the City Counci~ approve
the DBA's recommendation of free parking and
reject the suggestion of the 12-minute ~imitation
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 19-83 regarding Request of Down-
town Business Association Regarding Parking, was accepted; the
Bakersfield, California, September 7, 1983 - Page 14
Downtown Business Association's recommendation of free parking,
was approved; and the suggestion of the 12-minute limitation, was
rejected.
Councilman Christensen, member of the Intergovernmental
Relations Committee, read Report No. 2-83 regarding Request of
Crime Commission for Permanent Status, as follows:
The City of Bakersfield and the County of Kern
received a request from the Kern County Crime
Commission to be made a permanent Commission,
with expanded duties and staff support. The
City Council and the Kern County Board of
Supervisors referred the request to the Inter-
governmental Relations Committee.
The combined Intergovernmental Relations Com-
mittees of the City and County, along with
City and County staff, have met to review and
consider the Crime Commission's request. We
recognize and appreciate the considerable time
and effort as well as solutions recommended by
the Commission. Additionally, the County and
City of Bakersfield have taken steps to
implement several of the recommendations made
in the final report of the Crime Commission.
While we recognize the contributions made by
the Crime Commission, after careful consideration
we believe the Crime Commission, having permanent
status, would duplicate purposes and functions
of several other advisory groups, including the
Kern County Delinquency Prevention Commission,
the Kern County Criminal Justice Planning
Committee, and the Kern County Grand Jury.
Therefore, we recommend (in concurrence with
the Committee of the Board of Supervisors) the
City Council reject the request of the Crime
Commission for permanent status.
Upon a motion by Councilman Christensen, Intergovern-
mental Relations Committee Report No. 2-83 regarding Request of
Crime Commission for Permanent Status, was accepted; and the
request of the Crime Commission for permanent status, in concurrence
with the Committee of the Board of Supervisors, was rejected.
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 13-83 regarding Proposed
Street Sweeping Program, as follows:
During the recent budget sessions, the City
Council discussed the City's Street Sweeping
Program and referred this matter to the
327
Bakersfield, California, September 7, 1983 - Page 15
Governmental Efficiency and Personnel Committee
for evaluation. This Committee has met with the
staff and discussed the present Street Sweeping
Program and proposed changes in the program, with
which we agree.
Presently, the City is divided into six separate
daytime residential routes and one nighttime
route for the downtown and the major outlying
commercial areas. There are problems which
result in the City not being able to sweep on
a regular schedule and create inefficiencies
to the present Street Sweeping Program. One
problem is the large volume of automobiles,
trucks, recreation vehicles, and inoperable
vehicles that are parking along the streets.
Equipment mechanical failures and the lack of
sufficient backup sweepers also create scheduling
problems.
As a result, it has been impossible to notify
the public that their streets will be swept on
a routine scheduled basis.
In an attempt to create a more efficient
operation and alleviate some of these problems,
the staff has proposed, and this Committee is
recommending, the following actions for Council
approval:
Divide the City into three areas as opposed
to the present six areas and initiate a
"Gang Sweeping Program." This means that
all sweepers will be assigned to one area
on any given day, which will permit more
efficiency in supervision and a shorter
travel distance for the self-loading dump
trucks.
Request the cooperation of the news media
to publish weekly notices advising the
public of the street sweeping schedule and
requesting removal of all vehicles from
the affected streets.
Request the Police Department to strictly
enforce the 72-hour abandoned vehicle law.
A partial list of nearly 500 vehicles, which
were in violation of this law, was recently
submitted to the Police Department.
Instruct the City Attorney to draw up an
ordinance that would prevent placing of
grass or brush clippings into the streets
by the use of backpack blowers, rakes,
brooms or any other tool.
Request the assistance of the Mayor and
her Beautification Committee for a con-
certed effort of support for this
program.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 13-83 regarding Proposed Street
Bakersfield, California, September 7, 1983 - Page 16
Sweeping Program, was accepted; and recommendations as outlined in
the report, were approved.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 717 to 958,
inclusive, in the amount of $353,936.79.
(b)
Claim for Damages and Personal Injuries
from Rick Jones, 922 Delfino Lane, Bakers-
field. (Refer to City Attorney)
(c)
Claim for Damages from Laura Ellen
Levingston, 219½ Flower Street, Bakers-
field. (Refer to City Attorney)
(d) Claim for Damages from Charles E. Dickerson,
1422 Wilkins Street, Bakersfield. (Refer
to City Attorney)
(e)
Claim for Damages from John Disalvo,
Route 5, Box 237, Bakersfield. (Refer
to City Attorney)
(f)
Map of Tract No. 4607 and Improvement
Agreement with Covington Technologies for
construction of improvements therein,
located on east side of South "H" Street,
south of Pacheco Road.
(g)
Improvement Agreeement for Parcel Map No.
6790 with Tenneco Realty Development
Corporation, Offer of Street Dedication,
Road and Public Utilities Easements.
These documents provide for construction
of improvements, widening of Truxtun
Avenue, access to adjacent property, and
public utilities, all as required by the
Planning Commission for Parcel Map No.
6790, consisting of 7 parcels on 47 acres
of land, located south of Truxtun Avenue,
east of Mohawk Street. The offer of
dedication will not be accepted until
development of the adjacent property.
The offer of dedication will expire July
6, 1983, unless it is accepted prior to
that date.
(h) Notices of Completion and Acceptance of
Work on:
Construction of Storm Drains on "M" Street
from 23rd Street to 21st Street and East
Truxtun Avenue from Beale Avenue to Gage
Street, Contract No. 83-89 with Credence
Corporation.
Tract No. 4482, Contract No. 83-22 with
Tenneco Realty Development Corporation,
located southerly of White Lane and westerly
of Gosford Road.
(CONTINUED ON NEXT PAGE)
Bakersfield, California, September 7, 1983 - Page 17
(h) CONTINUED
(i)
(J)
(k)
(i)
(m)
(n)
(o)
(p)
Tract No. 4352, Unit "A", Contract No.
81-165 with Parkhill Development Associates,
located at Columbus Avenue and Pasadena
Street.
Tract No. 4268, Contract No. 83-21 with
Elmer F. Karpe, Inc., located at Panama
Lane and Akers Road.
Parcel Map No. 6721, Contract No. 82-194
with Tenneco Realty Development Corporation,
located at Stockdale Highway and Gosford
Road.
Parcel Map No. 6547, Contract No. 83-49
with Tenneco Realty Development Corporation,
located at Ming Avenue and Old River Road.
Parcel Map No. 5698, Contract No. 80-10
with Hisato Kinoshita, located at Panama
Lane and Akers Road.
Application for Encroachment Permit from
Reece Duane Cossey, 4116 Thatch Avenue,
Bakersfield, for construction of a 6 foot
high wooden fence at back of sidewalk on
Akers Road at 4116 Thatch Avenue,
Application for Encroachment Permit from
George Guynes, c/o Occidental Exploration,
5000 Stockdale Highway, Bakersfield, for
construction of a 6 foot high wooden fence
behind sidewalk on School House Road at
1700 Placer Court.
Application for Encroachment Permit from
Chip Herndon, 2300 Carlita, Bakersfield,
for construction of a 34 inch high retaining
wall on Dolfield Avenue behind sidewalk
area at 2300 Carlita.
Plans and Specifications for Bernard Street
Storm Drain.
Plans and Specifications for resurfacing
portions of Niles Street from Baker Street
to Virginia Street, and Baker Street from
Sumner Street to Bernard Street.
Plans and Specifications for Culvert
Widening at Wible Road and Branch 1 of
the Kern Island Canal.
Plans and Specifications for Traffic
Signals at Bernard and Oswell Streets.
Request from Industrial Ventures for an
Extension of Time to complete improvements
in Parcel Map No. 6023, Agreement No. 81-96,
located on south side of Planz Road east of
Union Avenue. The Public Works Department
recommends a twelve month extension from
July 1, 1983 to July 1, 1984.
Bakersfield, California, September 7, 1983 - Page 18
(q)
Agreement between the City of Bakersfield
and Susan Anderson for instruction in
Calligraphy for a period of eight weeks
at Holloway-Gonzales Library.
(r)
Amendment to Agreement for administration
of School Crossing Guard Program with
John Gordon (DBA J & J Special Services).
(s)
Amendment to Agreement with Downtown
Business Association for use of Downtown
Improvement District Funds to pay the
debt of $20,000 for the Sill Lot purchase.
This amendment was authorized by the City
Council upon approval of Business Develop-
ment and Parking Committee Report No.
15-83 on August 3, 1983.
Upon a motion by Councilman Means, Items (a), (b), (c),
(f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(d), (e),
(q), (r)
following roll
Ayes
Noes
Absent:
and (s) of the Consent Calendar, were adopted by the
call vote:
Councilmen Payne, Ratty,
None
Councilman Rockoff
ACTION ON BIDS
Upon a motion by Councilman Ratty,
Barton, Christensen, Means
low bid of Baker's
Welding, in the amount of $1,826.76, for Annual Contract for
Welding Supplies, was accepted, all other bids rejected and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Ratty, bid of Kern Turf
Supply, in the amount of $17,887.77, for Annual Contract for PVC
Pipe and Sprinklers, was accepted and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Payne, low bid of Granite
Construction, in the amount of $183,074.75, for resurfacing Oak
Street between Oak Street Overcrossing and 24th Street, and 19th
Street between Oak and "F" 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 Long Beach
Iron Works, in the amount of $4,191.24, for Bury Extensions, was
accepted and all other bids rejected.
33 1
Bakersfield, California, September 7, 1983 - Page 19
Upon a motion by Councilman Christensen, low bid of
Granite Construction Company, in the amount of $146,248, for
resurfacing "Q" Street between 34th and West Columbus Streets,
and Espee Street between 30th Street and Union Avenue, was accepted,
rejected and the Mayor was authorized to execute the
all other bids
contract.
Upon
a motion by Councilman Payne, low bid of James G.
Francis, Contractor, in the amount of $113,520, for resurfacing
portions of Wilson Road, White Lane and Ming Avenue Medians, was
accepted, all other bids rejected and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Payne, all bids for Annual
Contract for Water Treatment Chemicals, were rejected and the
Finance Operations Manager was authorized to rebid the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2871 New
Series of the Council of the City of
Bakersfield adding Chapter 3.60 to
Title 3 of the Bakersfield Municipal
Code providing for the City of Bakers-
field Health Facilities Financing Law
including general provisions and
definitions, powers and procedures to
issue Revenue Bonds for the purpose of
providing financing to participating
health institutions for specified
purposes, and certain other supple-
mental provisions.
Upon a motion by Councilman Christensen, Ordinance No.
2871 New Series of the Council of the City of Bakersfield adding
Chapter 3.60 to Title 3 of the Bakersfield Municipal Code providing
for the City of Bakersfield Health Facilities Financing Law in-
cluding general provisions and definitions, powers and procedures
to issue Revenue Bonds for the purpose of providing financing to
participating health institutions for specified purposes, and
certain other supplemental provisions, was adopted by the following
roll call vote:
Ayes: Councilmen Payne, Ratty, Barton, Christensen, Means
Noes: None
Absent: Councilman Rockoff
Bakersfield, California, September 7, 1983 - Page 20
Adoption of Ordinance No. 2872 New
Series of the Council of the City of
Bakersfield adding Section 8.28.025
and amending Sections 8.28.030 A.,
8.28.040, 8.28.090 A., 8.28.100 C.,
and 8.28.110 C. of the Bakersfield
Municipal Code relative to Weeds and
Debris.
Upon a motion by Councilman Christensen, Ordinance No.
2872 New Series of the Council of the City of Bakersfield adding
Section 8.28.025 and amending Sections 8.28.030 A., 8.28.040,
8.28.090 A., 8.28.100 C., and 8.28.110 C. of the Bakersfield
Municipal Code relative to Weeds and Debris, was adopted by the
following roll call vote:
Ayes: Councilmen Payne, Ratty, Barton, Christensen, Means
Noes: None
Absent: Councilman Rockoff
Adoption of Ordinance No. 2873 New
Series of the Council of the City of
Bakersfield adding Section 17.53.060
C.8. to the Bakersfield Municipal
Code relative to Extensions of Time
Limits for Review of Site Plans on
Major Retail Projects.
Upon a motion by Councilman Barton, Ordinance No. 2873
New Series of the Council of the City of Bakersfield adding Sectio~
17.53.060 C.8. to the Bakersfield Municipal Code relative to
Extensions of Time Limits for Review of Site Plans on Major Retail
Projects, was adopted by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Barton, Christensen, Means
Noes: None
Absent: Councilman Rockoff
Adoption of Ordinance No. 2874 New
Series of the Council of the City of
Bakersfield amending Title Seventeen
of the Bakersfield Municipal Code by
changing the Lane Use Zoning of those
certain properties in the City of
Bakersfield located approximately
1/8 mile south of Fraser Road and
1/8 mile west of Old River Road.
The application for this amendment was made by Kamwil,
Inc., and would change subject properties from an "A" (Agricultural)
Zone to an R-1 (One Family Dwelling) Zone.
Bakersfield, California, September 7, 1983 - Page 21 331
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2874 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 approximately 1/8 mile south of
Fraser Road and 1/8 mile west of Old River Road, finding said
zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Payne, Ratty, Barton, Christensen, Means
None
Councilman Rockoff
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Title
17 of the Municipal Code changing the
Land Use Zoning of those certain
properties in the City of Bakersfield
located on both sides of Brentwood
Drive, north of Niles Street, and
making findings in connection with a
P.U.D. Zone.
The application for this amendment was made by L.A.B.
Development and would change subject properties from an R-1 (One
Family Dwelling) and R-2-D (Limited Multiple Family Dwelling -
Architectural Design) Zones to a P.U.D. (Planned Unit Development)
Zone, containing 173 units consisting of 5 one-story fourplex units,
18 two-story eightplex units and 9 single family dwellings.
The Planning Commission recommended approval of this
amendment, subject to 20 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 on
Bakersfield, California, September 7, 1983 - Page 22
both sides of Brentwood Drive, north of Niles Street, and making
findings in connection with a P.U.D. Zone.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Title
17 of the Municipal Code changing the
Land Use Zoning of that certain
property in the City of Bakersfield
commonly known as 4032 "O" Street,
and making findings in connection
with a P.U.D. Zone.
The application for this amendment was made by Robert
King and would change subject property from a P.U.D. (Planned Unit
Development) Zone to a Revised P.U.D. (Planned Unit Development)
Zone, consisting of 43 two-bedroom townhouse units, 1 one-bedroom
handicapped unit and a recreation area with swimming pool.
The Planning Commission recommended approval of this
amendment, subject to 24 additions to the plan, and made the
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
that certain property in the City of Bakersfield commonly known
as 4032 "O" Street, and making findings in connection with a
P.U.D. Zone.
Adoption of Resolution No. 114-83 of
the Council of the City of Bakers-
field directing the City Engineer to
develop and implement a project con-
verting to more efficient street
lighting and qualifying for Pacific
Gas & Electric Company Incentive
Rebates.
For several months the Public Works Departmeat has been
converting mercury vapor street lights to more energy efficient
high pressure sodium lights. The Public Works Department has been
notified by P. G. & E. that the conversion program qualifies for
an incentive rebate. This resolution authorizes the City Engineer
to apply for the rebate, which is estimated to be $15,800.
Bakersfield, California, September 7, 1983 - Page 23
Upon a motion by Councilman Barton, Resolution No. 114-83
of the Council of the City of Bakersfield directing the City
Engineer to develop and implement a project converting to more
efficient street lighting and qualifying for Pacific Gas & Electric
Incentive Rebates, was adopted by the following roll call
Company
vote:
Ayes:
Noes:
Absent:
Councilmen Payne, Ratty, Barton, Christensen, Means
None
Councilman Rockoff
Approval of Renewal of Lease Agree-
ment with Kern Aquatics Club for use
of Central Park Pool.
This agreement provides for the Kern Aquatics Club to
continue the use of the Central Park Pool for recreational and
competitive swimming on a nondiscriminatory basis. The club will
pay all maintenance and operation costs. The term of the lease is
for 10 years at a rental of $1.00 per year. The agreement has a
90 day written notice of cancellation by either party.
Upon a motion by Councilman Means, Renewal of Lease
Agreement with Kern Aquatics Club for use of Central Park Pool,
was approved and the Mayor was authorized to execute same.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 8:25 P.~.
?
MAYOR ~he City of Bakersfield, Calif.
ATTEST:
CITY C~LE~K~nd~Ex 0 j~i"ii~of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, September 14, 1983
Present:
Absent:
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 P.M., September 14, 1983.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Reverend Art
Knowles of the First Assembly of God Church.
The City Clerk called the roll as follows:
Mayor Shell. Councilmen Ratty, Rockoff, Barton,
Christensen, Means, Payne
Minutes of the regular meeting of August 24, 1983, were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
~s. Rosetta Brown, Lakeview Project Committee,
Lakeview Avenue, commented on the postponment of the Rezoning of
Lakeview Issue until after the November 8, 1983 Election.
Mr. Marvin Dean, P.O. Box 1062, spoke on the Rezoning
of Lakeview, conflicts of interest, and allegations he has made
in the past regarding certain unnamed members of the Council.
Mr. James Childs, 412 South Haley Street, stated he was
acting upon a request of an individual in the First Ward when
he requested the issue of Rezoning of Lakeview Avenue be postponed
until after the November 8, 1983 Election.
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from Cornerstone Engineering Inc., 159 "H" Street, dated Septem-
ber 7, 1983, requesting a General Plan Amendment for commercial
use of 18 acres in area, lying adjacent to and westerly of Manor
Street, northerly of the Carrier Canal and southerly of the Kern
River, was received and referred to the Planning Commission for
study and recommendation.
Upon a motion by Councilman Payne, communication from
Mr. Norman M. Walters, 3301 Dwight Street, regarding his opposition
to the purchase and resale of the land under consideration for the
proposed Galleria, was received and placed on file.
None
Bakersfield, California, September 14, 1983 - Page 2
COUNCIL STATEMENTS
Councilman Ratty stated he received a box of empty beer
bottles with a note on his door step. The note said, "If you think
it is okay to have beer bottles all over Chester Avenue, then here
is your share, signed, a Downtown Merchant." Having had a busines~
located on Chester Avenue for approximately ten years, he felt he
had picked up a lot of beer bottles and other debris ~eft by the
young people who cruise Chester Avenue. He felt the Council acted
very rationally in adopting the container ordinance, and the Police
Department is enforcing that ordinance to the best of their ability.
He did not feel it was the Council's desire to drive the children
into the neighborhoods where they might cause more havoc and be
under less control.
Police Chief Price stated the Police Department has been
dealing with this problem since before he became Chief. It is not
really a littering or drinking problem, but a social problem. Chester
Avenue has become a meeting place for the young people of Bakersfield.
Several years ago the Police Department came to the Council and the
Council adopted the container ordinance, which is enforced on a
regular basis. The container ordinance does not always take the
hgihest priority of police service. On a regular basis, extra people
are assigned to Chester Avenue in an effort to curtail the situation.
On one particular weekend over 69 arrests, primarily in the form of
citations for containers, liquor violations, drunk and so forth
were made. The Police Department has not made an "all-out-effort"
because it was not desireable to move the young people into the resi-
dential areas, but will continue to enforce the container ordinance
to the best of their ability.
Councilman Means stated the Council has been discussing
the mass transportation needs of the City of Bakersfield for a long
time. For the past one and one-half years, the Council has worked
closely with the Golden Empire Transit Board to try to arrive at some
decision about coordinating the transit efforts, particularly in the
downtown area. This Council has discussed and supported a transit
Bakersfield, California, September 14, 1983 - Page 3
facility located at 19th and "K" and at the same time, the Golden
Empire Transit Board supported a facility located at 21st Street and
Chester Avenue. After a number of events, the Golden Empire Transit
Board has come out in support of a transit way and now asks the
Council to also support it. The Transit Board is concerned that it
is several months past what was thought to be the deadline to receive
any money from the Urban Mass Transit Association (U.M.T.A.) and
are now at the point where the Council needs to make a decision one
way or the other. Councilman Means further stated he feels it wou~d
be appropriate for the Council to give the Board an answer tonight.
He stated he supports the transit way and feels the Council should
also support it.
Mr. Mark Gibb, Executive Director of Kern Council of
Governments, stated his agency represents all governmental bodies
in Kern County, therefore, their function is to coordinate all
governmental activities. The mass transportation need is a very
complex issue. The City of Bakersfield and Golden Empire Transit
District requested Kern COG do a study that would represent all
agencies. Kern COG has been involved since 1979 and has done two
major studies. The first study was done by QUAD Consultants, which
was excellent but unfortunately, the recommendation was not success-
ful. As a result of that, Kern COG entered into an agreement with
Barton-Aschman which conducted the current study in question.
Essentially, there were two solutions from this study. The first
solution was the transit way or mall, which is what we refer to as
the widening of sidewalks on a three-block area along Chester Avenue,
and reduction of six traffic lanes to four. The second alternative
was an off-street transit terminal. Both alternatives are good.
The Techn~ical Advisory Committee for this study, which is composed
of staff from the City of Bakersfield, Golden Empire Transit Dis-
trict, and Kern COG's transportation planners and consultants,
unanimously recommended the transit way facility for two basic
reasons. First, it was the best alternative for public transit
because of the location, least cost of operating the buses in terms
Bakersfield, California, September 14, 1983 - Page 4
087
of keeping their fares down. The second reason was because it
would have the most positive impact on the downtown area. The two
most discussed issues of concern in relationship to the transit way
are traffic and loitering. After an extensive examination of the
transportation corridors in the downtown area, in regard to the
transit way, Kern COG does not believe traffic on Chester Avenue
will be any worse or any better than it is at the current time.
The other concern is loitering. The transit mall will not solve the
loitering problem by spreading the people out over a larger area.
This is a problem universal in every city of the United States.
He has seen, though, where a transit mall has improved the loitering
problem. The decision that needs to be made needs to be made
immediately. The officials from the Urban Mass Transportation
Association (U.M.T.A.), are aware of the City's current situation
and closeness to a decision. The G.E.T. Board has voted unanimously
to support the transit way. Unfortunately, they can't proceed until
the Council agrees to support the district and the decision they have
made. A Resolution of Support is needed in order to send an amend. ed
application to U.M.T.A.
Councilman Means made a motion to adopt a Resolution of
the Council of the City of Bakersfield supporting a Chester Avenue
Bus Transit Way and to transmit a copy of the Resolution to the
Golden Empire Transit Board and Urban Mass Transportation Association.
Councilman Rockoff stated he is very much opposed to a
transit way and supports the transit facility. He also disagrees
with the statement that there will not be a traffic problem if
there is a transit way.
In answer to several questions by Councilman Payne, Mr,
Mark Gibb stated the area being considered for the Transit Mall is
a three-block area on each side of Chester Avenue between 18th
and 21st Streets. This particular location was the recommendation
made in the report, but is also open for discussion at the design
stage. Officials for U.M.T.A. are very anxious to move on this
Bakersfield, California, September 14, 1983 - Page 5
project and Kern COG has already prepared a Letter of Intent. The
grant has already been approved for Bakersfield, and if the Council
approves the Transit Mall tonight, Kern COG could probably have the
paper work done by the first of the year. The design work will
probably take six months, therefore it will probably be approxi-
mately nine months before actual construction can begin. Construc-.
tion will be done in phases, probably a one-block area at a time.
Estimated completion time is twelve to eighteen months.
Economic Development Coordinator Kennon stated the most
obvious improvement to existing businesses if the transit way is
constructed is an improvement to the environment. Narrowing the
right-of-way will enable more of a transition back and forth from
one side of Chester Avenue to the other. There is also usually
an effort by the property owners to improve their properties.
Mr. Mark Gibb, Executive Director of Kern COG stated
that U.M.T.A. will pay 80% of the cost and Golden Empire Transit
District has agreed to pay the 20% match requirement for construc-
tion of the transit mall. There will be no financial burden upon
the City for construction costs. There is no provision for compen-
sation if construction hinders businesses, but Kern COG is plan-
ning for the grant to take full accountability for problems incurred
because of construction. The design concepts will be brought back
to the City Council for input, and a joint decision will be made
by the Council and Golden Empire Transit Board.
Assistant Public Works Director Shultz stated the Public
Works Department would be involved in a review of all plans for
modifying curbs, flow lines for drainage purposes and alignment of
the curb for return at the intersections.
Councilman Christensen spoke in support of a transit
facility. He stated he has received a considerable number of calls
from businessmen and the Downtown Business Association and felt he
would probably have to vote in the negative on this issue.
City Manager Kelmar suggested the Council might wish to
enter into an agreement with the Golden Empire Transit District to
Bakersfield, California, September 14, 1983 - Page 6
insure the Council's input and approval throughout the process.
Councilman Barton stated he supported a transit facility
more than a transit way but is trying to realize it may be an
alternative that should be considered. He would like to see a
transit way where the buses only park to load and unload passengers
and any parking the buses do for transfers, or meeting head times
should be done someplace other than on Chester Avenue.
Mr. Steve Ruggenberg, Acting General Manager of the Golden
Empire Transit District, stated he felt a system can be designed
to reduce the dwell time significantly.
Councilman Means stated he wished to amend his original
motion to include the suggestion that the City and Golden Empire
Transit enter into an agreement outlining the responsibilities in
relation to design, maintenance and security operations of the
transit facility.
In answer to a question by Councilman Payne, Fire and
Development Services Director Needham stated the Transit Way Project
has not reached a point that the fire services have been discussed.
Anytime there is construction taking place, it makes fire fighting
more difficult.
Police Chief Price stated he has one disagreement with
what has been stated tonight regarding traffic and the transit way
concept. He believes there will be a major impact on the traffic
in ~e future. The traffic problem should not prevent the Council
from doing what they want to do, but the Council will have to make
some plans on how to handle that problem. He did not see any major
police problems as far as crowds or police access, but, during con-
struction, there are always problems.
City Manager Kelmar st.ated all individuals involved in
projects in the Redevelopment Project Area have been consulted about
the Golden Empire Transit Mall. The only concern expressed is that of
the buses sitting for long periods of time in front of stores. But,
if the buses are kept moving, he didn't think it would be a concern.
Councilman Ratty stated he is very much in favor of a
transit way especially over a terminal facility located at the Toy
Circus location.
34O
Bakersfield, California, September 14, 1983 - Page 7
Mayor Shell stated from a shopper's point o£ view, she
lives in downtown and therefore downtown is her shopping area.
She feels a transit way would enhance and encourage shopping down-
town. Chester Avenue is a barrier and shoppers either shop on the
east or west side. The transit way concept would transform down ......
town and she sincerely believes it would be a wonderful thing for
Downtown Bakersfield.
Councilman Barton made a substitute motion that the
Resolution supporting the Transit Way be deferred until the Septem-
ber 28, 1983, meeting; that concerns regarding maintenance,
security, dwell time, and an agreement between the City and Golden
Empire Transit District be referred back to committee or staff
for recommendation; that Kern COG or Golden Empire Transit be
able to come to the Council, or a committee o£ the whole, to dis-
cuss these concerns and give assurances.
Councilman Means stated the Resolution will not be approved
unless there is a joint agreement between the City and Golden Empire
Transit and that that agreement will guarantee the City has control
over the design and operations, including maintenance and security,
and that Mr. Ruggenberg has already assured the Council that his
objective is to reduce dwell time for anything except loading and
unloading passengers.
Councilman Barton stated he is concerned about dwell
time and would like assurances that the dwell time will be elimina-
ted completely except for picking up and dropping off passengers.
If those assurances can be met, he would not ask for a two-week
delay.
Mr. Ruggenberg stated the dwell time could most reasonably
be reduced to not exceed 120 seconds and GET would attempt to
eliminate the dwell time completely.
Councilman Barton stated he would support adoption of the
Resolution supporting a transit way, on the condition that the
agreement address in detail the operational procedures, that dwell
time be limited to loading and unloading, plus other factors being
Bakersfield, California, September 14, 1983 - Page 8
discussed tonight. If those items are not in the agreement, when
it is time to vote on the agreement, he would oppose it. He with-
drew his substitute motion on the assurances that Mr. Ruggenberg
could eliminate the dwell time and that would be part of the agree-
ment.
Councilman Means stated he would amend his motion to
include elimination of dwell time for anything other than loading
and unloading of passengers.
Mr. Benton stated his opposition to the buses parking in
front of the Haberfelde Building. He also stated the City should
be considering the transit mall only under the condition that it is
a good thing for the City of Bakersfield.
Adoption of Resolution No. 115-83 of
the Council of the City of Bakersfield
supporting a Chester Avenue Bus Trans-
it Way.
Councilman Means' motion to adopt Resolution No. 115-83
of the Council of the City of Bakersfield supporting a Chester
Avenue Bus Transit Way, contingent on there being an agreement
between the City and Golden Empire Transit District covering the
design, operations, and security of the Transit Way; and that dwell
time be eliminated for anything other than loading and unloading
of passengers, was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Barton, Means, Payne
Noes: Councilmen Rockoff, Christensen
Absent: None
Councilman Christensen read the £ollowing prepared state-
the record:
I am extremely distressed that Mr. Ratty has again
violated the conflict of interest laws by voting
on and participating in the discussion on the
transitway. The Transitway represents a five million
dollar expenditure to beautify and better the
business environment only a block from Mr. Ratty's
downtown property holdings. Notwithstanding this
obvious conflict of interst Mr. Ratty has actively
led the efforts to obtain approval of this project.
ment into
Bakersfield, California, September 14, 1983 - Page 9
Our decisions on issues such as the transitway,
the Galleria project, and the Brower Building
are open to question by the public when one of
six Councilmen owns a key piece of property which
may be financially benefited by those decisions.
The appearance of impropriety is exacerbated by
the fact that Mr. Ratty purchased this prime
redevelopment property only a few months before
the public announcement of the Truxtun/Galleria
Redevelopment Project -- which will require the
purchase of Mr. Ratty's property. Rightly or
wrongly, this course of events make it appear to
the public that Mr. Ratty has either taken
advantage of his position as a City Councilman,
or has the ability to influence vents to his
advantage.
Mr. Ratty has been admonished about his conflicts
of interest by our City Attorney and has abstained
from voting on most matters pertaining to the
downtown and redevelopment. This does not solve
the problem. Even if he does not vote, as one of
six City Councilmen, he has the ability to
obtain information, participate in discussions,
and influence the remaining decision makers, Mr.
Ratty's participation in the transitway question
is only the most recent example of this problem.
Furthermore, Councilman Ratty has voted or
participated in other decisions notwithstanding
the existence of his conflict of interests.
Our City Attorney has said that in these instances
he should have watched out to make sure that Mr.
Ratty did not improperly vote or participate in
discussions. However, the final responsibility to
protect against conflicts of interests rests with
each councilman. Mr. Ratty has been warned about
this conflict of issue question many times. It
is difficult to conceive that his participation
in the transit way issue was simply an act of
forgetfulness or neglect.
We need to resolve the issue of conflicts of
interest once and for all. I am calling on Mr.
Ratty to solicit a written opinion from our City
Attorney, to be made available for review by the
public and this council, outlining the extent and
nature of Mr. Ratty's conflicts of interest as
they pertain to the downtown area, his ward, and
redevelopment matters. That opinion should define
in clear language what is a conflict of interest,
what prior violations have occurred, what guide-
lines Mr. Ratty should follow in determining whether
he can or cannot participate in Council matters,
and identify those pending matters on which Mr.
Ratty may not vote, discuss, or attempt to influence
the outcome.
It is unfortunate that the prior admonishments of
our City Attorney and the prior discussions of this
matter have not been sufficient to resolve the
problem. It is unfortunate that our time as Council-
man must be distracted from the needs of the City
in order to police our own house. However, I will
Bakersfield, California, September 14, 1983 - Page l0
not stand by while the credibility of this Council
is threatened. Since Councilman Ratty refuses to
acknowledge or attempt to resolve this problem,
I have no choice but to submit the matter to the
Fair Political Practices Commission for its review
and opinion. I will ask the Commission whether
Councilman Ratty has a conflict of interest in
voting on matters pertaining to the downtown area,
and whether he has acted improperly in participating
in discussions and voting at both the Committee
and City Council level.
Councilman Rockoff made the following statement for the
record regarding the transit way:
Obviously, my position on this issue was not
very well hidden and I wanted Council and the
people of Bakersfield to know that I was
extremely sincere in my endeavors to have a
terminal constructed, but since this seems
to be the desire of the Council and Golden
Empire Transit Board, I only hope and pray
my thoughts have been completely wrong because
it is only the welfare of the City of Bakers-
field that I'm concerned about. So, let's
go on from here.
In answer to a question by Councilman Ratty, City Attorney
Oberholzer stated the Conflict of Interest Code is very difficult
to interpret. The State of California has set up a commission to
which attorneys submit questions for resolution. He is reviewing
it all the time and making interpretations based upon factual situa-
tions that arise. If there is a foreseeable impact in an individual's
income as a result of a decision that he might make, that would be
a very general type of conflict of interest. With respect to Council-
man Ratty, Attorney Oberholzer did not think it foreseeable in any
way that whether there is a transit mall or a transit building,
whether the buses stop for a hundred and twenty seconds, or for fiw~
minutes, at an area that is at least three blocks from Councilman
Ratty's office, is a financial impact. He could not foresee a con-
flict, nor would he advise Councilman Rat~y to not participate
because of a conflict or potential conflict.
In answer Go a question by Mayor Shell, Building Director
Bidwell stated the building on Chester Avenue that burned several
months ago is a sound structurally-safe building. There has not
been any reason for the Building Department to consider this building
344
Bakersfield, California, September 14, 1983 - Page 11
anything but a safe building. The owners and insurance company
have almost resolved the issue of reconstruction or interior
improvements. It is hoped something will be initiated within two
or three months time.
REPORTS
City Manager Kelmar stated that as a result of a dis-
cussion with the consultants, staff feels and is suggesting to
the Redevelopment Agency and Council, that due to the complexity
of the Development Agreement for the Truxtun Galleria, that the
night of September 27, 1983, not be a public hearing, but a special
joint meeting of the Council and the Agency for purposes of the
consultants explaining the development agreement, answering any
questions and setting the time of the public hearing for the
review of the development agreement.
Due to a real or imaginary conflict of interest,
Councilman Ratty stated he would not participate in this matter.
Upon a motion by Councilman Rockoff, public hearing
scheduled for September 27, 1983 was cancelled. A joint meeting
between the Redevelopment Agency and the City Council was scheduledl
for 5:00 P.M. on September 27, 1983, to hear the presentation by
the consultants regarding the Truxtun Galleria; and to set a date
at that meeting for the public hearing. This motion was
passed.
unanimously
NEW BUSINESS
Adoption of Resolution No. 116-83 of
the Council of the City of Bakersfield
fixing the dates of meetings of the
Council during the months of October,
November, and December, 1983, and
January, February, and March, 1984.
This resolution fixes the dates of meetings of the City
Council from October, 1983, through March, 2984.
Upon a motion by Councilman Barton, Resolution No. 116-83.
of the Council of the City of Bakersfield fixing the dates of
meetings of the Council during the months of October, November, and
Bakersfield, California, September 14, 1983 - Page 12
December,
by the
Ayes
Noes
Absent:
1983,
following roll call vote:
Councilmen Rockoff, Barton, Christensen, Means, Payne
None
Councilman Ratty
Adoption of Resolution of Intention
No. 975 of the Council of the City
of Bakersfield, declaring its inten-
tion to order the vacation of the
20-foot alley within Block 236 located
between 19th and 20th Streets and "H"
and "G" Streets, in the City of
Bakersfield.
This
and January, February, and March 1984, was adopted
Resolution of Intention sets the date of hearing
HEARINGS
This is the time set for public hearing before the Council
on an Appeal by R. F. Cullen to the decision of the Board of Zoning
Adjustment granting the application for a Modification requested by
J. C. Jolliff to permit the reduction of the required front yard
setback from 25 feet to 15 feet, in an R-1 (One Family Dwelling)
Zone, on that certain property commonly known as 7801Calle Cerca.
This hearing has been duly advertised and the property
owners notified as required by law.
A letter has been received £rom R. F. Cullen, 1204 Camino
Del Oeste, dated August 15, 1983, withdrawing his appeal.
Noes: None
Absent: None
for October 19, 1983. The request for the alley vacation was made
by the Planning Commission.
Upon a motion by Councilman Rockoff, Resolution of Inten-
tion No. 975 of the Council of the City o£ Bakersfield, declaring
its intention to order the vacation o£ the 20-foot alley within
Block 236 located between 19th and 20th Streets and "H" and "G"
Streets, in the City of Bakersfield, was adopted by the following
roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Christensen, Means,
Payne
Bakersfield, California, September 14, 1983 - Page 13
In answer to a question by Mr. Barnes, City Attorney
Oberholzer stated the appeal by Mr. Cullen has been withdrawn,
therefore, there is no appeal pending before the Council. No one
may file an appeal in this matter because the deadline has passed.
This is the time set for continued public hearing before
the Council on an Appeal by William G. McClure to the denial by
the Planning Commission of a Special Sign Permit for property
located at the southeast corner of 20th and "G" Streets.
Projecting signs are included under specified prohibitions
in the sign ordinance. Existing projecting signs are considered
nonconforming and must be removed within 10 years of the adoption
of the sign ordinance or July, 1986.
Projecting signs may be installed upon approval of the
Planning Commission of a special permit as provided in the ordin-
ance. However, the ordinance states that such sign shall not be
permitted unless the application demonstrates a lack of sufficient
sign locations to provide reasonable opportunity to identify and
advertise the business, the relationship of the building to other
buildings on the same street as to setback, size and existing
signage.
This building is on a corner parcel constructed on the
property lines, and has extensive wall area. Accordingly, the
Planning Commission felt there was absolutely no justification for
granting the request.
This hearing was continued from the Meeting of August
10, 1983, at the request of William G. McClure.
Mayor Shell declared the hearing open for public partici-
pation.
Mr. William McClure, Sales Representative, Ad Art, Incorp-
orated, 3133 North Ad/Art Road, Stockton, stated the proposed sign
is to be located at the southeast corner of 20th and "G" Streets.
The design is very appealing, one of the most attractive in the
downtown area. The reason for the projection sign is there is a
Bakersfield, California, September 14, 1983 - Page 14
low-profile building set back by a high building on the corner.
At 20th and "G" there is a two-story building adjacent and part
of the same building. The building cannot be seen at all from the
other adjacent corners because of the obstructions of other build-
ings around there. Face signs will still not allow the visibility
from "E" Street on one side, "F" Street on the other, and 19th or
21st Street where the traffic is. Ad-Art is asking Council rescind
the action of the Planning Commission, who arbitrarily dismissed
the application by saying it was not necessary and without any con-
siderations as to alternatives.
Councilman Ratty stated he felt the sign ordinance is
very clear. If there is adequate space for advertising on the build-
ing or if there is a free-standing area, then that is okay. It is
clear the building has plenty of wall space to advertise the business.
He has personally gone by and looked and anything can be done along
those walls. Projecting signs are just not a viable signing in the
downtown area. The Planning Commission is right and there is no
ambiguity at all.
In answer to a question by Councilman Ratty, Building
Director Bidwell stated free-standing signs may project over the
public right-of-way only by permission of the City Council.
Mr. David Milazzo, Member of the Planning Commission and
the Sign Committee that reviewed this application for a Special Sign
Permit stated the Committee did offer suggestions to go to over-
size wall signs and could even look at helping him in that regard.
The Committee was adamantly opposed to the notion of hanging additi,3nal
signs off of buildings when in the process of looking very closely
at the ordinance to restrict it even further. Aesthetically, this
sign being a projection sign, violates the character and harmony of
the building. There is a lot of wall surface available on the
buildings. In the discussion at the meeting, Ad-Art requested a
roof-mounted sign and that too was denied. It was felt the wall sign
was the best and most acceptable way. The Planning Commission hopes
the City Council upholds their decision.
Bakersfield, California, September 14, 1983 - Page 15
Upon a motion by Councilman Ratty, request of Ad-Art
Sign Company for a Special Sign Permit in a C-2 (Commercial) Zone,
located at the southeast corner of 20th and "G" Streets, was denied
by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Christensen, Means,
Payne
Noes: None
Absent: None
In answer to a question by Mr. McClure, City Attorney
Oberholzer stated there are no adopted guidelines. Mr. McClure
will have to rely on the factual presentation he makes at the time
he makes a request for a projecting sign.
Councilman Means stated the City and Planning Commission
wants to do everything they can to not encourage these projection
signs. Because there is a provision for those circumstances where
it is possible, it would be foolish to say there would never be an
exception. It is felt that projection signs are not attractive or
pleasant and we're not encouraging,
use.
Building Director Bidwell
in fact we're discouraging their
stated it is obvious in the
ordinance it is the intent of the City of Bakersfield to discourage
and eliminate projection signs in the City. Written in the existing
ordinance is a provision that
signs will be removed.
This is the time set
in July, 1986 all existing projecting
for public hearing before the
Council of the City of Bakersfield for the purpose of considering
proposed amendment to the City's Zoning Ordinance - Adult Entertain-
ment.
This hearing has been duly advertised, posted and the
property owners notified as required by law.
The Planning
posed amendment.
A letter was
Management Group, Inc.,
Commission recommended approval of this pro-
received on September 12, 1983, from Phoenix
5000 Belle Terrace, in opposition to the City
Zoning Ordinance - Adult Entertainment.
Bakersfield, California, September 14, 1983 - Page 16
Mayor Shell declared the hearing open for public partici--
pation. No one wishing to speak in support or opposition, the public
portion of the hearing was closed for Council deliberation and action.
Councilman Barton made a motion that first reading be co~-
sidered given an Ordinance of the Council of the City of Bakersfield
amending Section 17.22.020 B. and adding Chapter 17.69 to the Bakers-
field Municipal Code relative to Adult Entertainment Establishments.
City Attorney Oberholzer stated that Economic Development
Coordinator Kennon has a prepared statement that should be given
during the public portion of the hearing.
Economic Development Coordinator Kennon stated the ordin-
ance before the Council, if adopted, would establish guidelines,
standards and regulations that would regulate certain adult type
uses. These uses are generally considered within a community to
have a negative impact on the economic as well as the physical
environment in which they are located. From a legal standpoint, the
case of Young vs. The American Mini Theaters in which the development
standards and criteria that the City can use to regulate these uses
is established. The language within ou~ proposed ordinance, in so
far as embracing those standards it also embraces the language in
the Oakland ordinance, which has also been tested in court. Basi-
cally, as a result of studies, surveys and some basic comparative
analysis, a number of different areas in which, in staff's opinion,
the establishment of these types of uses defined within the ordinance
would have a negative impact. The areas of impact would be rental
structures, development standards, physical condition of structures
and property values. Other areas of peripheral nature are the
quality and turnover rates of the users, vacancy rates, and
the value of on-going rehabilitation. The bottom line of all this
is the attitude from the community as a whole, almost universally
they felt these kinds of uses were detrimental to the value of the
area. The Planning Commission held their reviews and indicated the
negative declaration for this ordinance is appropriate and the stand-
ards established within the ordinance would in effect implement tho~e
regulations.
Bakersfield, California, September 14, 1983 - Page 17
Mr. Bob Smith, Attorney for Amber Theaters, operating
Cinema 19 on 19th Street, spoke in opposition to the ordinance.
Mr. Dan Tesman, Phoenix Management Group requested Council
read the letter to the public that was sent on September 12, 1983,
and answer the four questions represented in that letter.
Mayor Shell stated that the letter sent by Phoenix
Management Group was available for the public and has been provided
to and read by all the Council.
The four questions in the letter by Phoenix Management
Group are as follows:
1. Do you believe that this ordinance will
restrict the number of adult theaters in
Bakersfield?
City Attorney Oberholzer stated, yes, this zoning ordin-
ance will restrict the number of adult theaters in Bakersfield.
All zoning ordinances restrict the number of commercial enterprises
possible in Bakersfield.
2. Who exactly decided that '~his ordinance be
proposed?
Councilman Barton stated he proposed this zoning ordin-
ance to the Council.
3. Does the City normally propose ordinances
that cannot be supported by facts or no
research has been done (except to buy one
book on how to write the ordinance)?
City Attorney Oberholzer stated anybody who looks at this
ordinance can see there has been a lot of research done. Mr. Kennon
is available to provide any information and background.
4. In the Redevelopment Agency Report it talks
of a conditional use permit to these
businesses. Does this mean the City will
try to dictate the color that these or any
other businesses will be permitted to paint
their buildings?
City Attorney Oberholzer
Mr. Larry Zell, owner of
took him one and one-half years to
all the approvals he
stated, the answer is no.
For Adults Only, stated that it
get into his building because of
had to get. The Landlord had to put $14,000
Bakersfield, California, September 14, 1983 - Page 18
into the building before the Fire Department would approve it for
him to start construction inside the building. If this ordinance
is passed he will have a year to relocate, and if there is a hard-
ship, a two-year extension. He is concerned that when he is required
to move that he will be able to relocate.
Mr. Dave Kennon stated the data gathering that was done
was to define all the issues. As far as crime, there was no discern-
able difference in arrest patterns or crime. No indication that there
was a higher crime rate on one side of Chester or the other. The
work done by the Economic Development Department was strictly on the
issues of economic and physical blight. A control area was established
with as much similarity to the 19th Street area as possible. In
those areas property values, return on investment or rental structu.res,
level of rehabilitation, vacancy rates, types of uses, and in the
important area of rental structure it was determined, that where
adult uses are located, the rent was considerably less, or the rate
of return was considerably less than in those areas where adult uses
were not present. In terms of vacancies, there was about twice
as much vacancy in terms of square foot area on the east side of
Chester Avenue as there was on the west side. Property values were
slightly less on the east side. The turnover rate in terms of
businesses in the adult areas was considerably greater, quality of
uses was considerably lower. By quality, it is meant the amount of
investment or capital required to start a business, or the type of
products and services provided. So, from these studies, in compar-
ison, there was an identifiable level of both economic and physical
use below that of the non-adult uses area.
In answer to a question by Mr. Zell, City Attorney
Oberholzer stated this zoning ordinance is not designed to eliminate
adult
field.
It is
not
entertainment, book stores, or theaters in the City of Bakers-
This ordinance is designed to reduce neighborhood blight.
an attempt to disburse those types of businesses so they are
concentrated in one particular area. This ordinance does not
Bakersfield, California, September 14, 1983 - Page 19
prohibit granting a Conditional Use Permit in another area of the
City, in fact, it provides for that specific use.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.22.020 B. and
adding Chapter 17.69 to the Bakers-
field Municipal Code relative to
Adult Entertainment Establishments.
Upon a motion by Councilman Barton, first reading was
considered given an Ordiance of the Council of the City of Bakers-
field amending Section 17.22.020 B. and adding Chapter 17.69 to
the Bakersfield Municipal Code relative to Adult Entertainment
Establishments.
This is the time set for public hearing before the Council
of the City of Bakersfield, on any evidence for or against a pro-
posal by the City of Bakersfield to change the zoning boundaries
from a C-2 (Commercial) Zone and a C-C (Civic Center) Zone to a
C-3 (Central Business) Zone, affecting those certain properties in
the City of Bakersfield located between "H" and "N" Streets and
between ?ruxtun Avenue and 20th Street.
This hearing has been duly advertised, posted and the
property owners notified as required by law.
Planning Commission recommended the proposed C-3 zoning
not be adopted. The Commission was of the opinion the adoption
of the Downtown Redevelopment Plan would be a more comprehensive
approach for the Central Business District.
Mayor Shell declared the hearing open for public partici-
pat ion.
Mr. Ed Wilson, property owner, stated he owns Blocks 267,
268, and 269 in the downtown area. He was under the impression
his property was included in the unlimited height restriction area.
He supports unlimited height restrictions and feels the downtown
property owners need a little edge with regard to height, because
it is very difficult to see
town area simply because of
satisfactory development of
any high-rise development in the down-
the parking. As a prerequisite to any
a high-rise structure, the parking has
Bakersfield,
California,
September 14,
1983 - Page 20
to be vertical and not spread out over a large parcel. It seems
unreal and unrealistic to him to impose a height limitation when
he owns the property on both sides of "0" Street; on 17th Street,
substantially the entire block bounded by l?th and 18th; and "N"
and "0", and then for 300 feet east of "0" on 17th Street. "0"
Street is one block south and leads right up to the steps of the
Civic Auditorium and "P" Street, which is also a one-block street
between Truxtun and 17th Street and comes into my property on 17th
Street. 17th Street leads to the high-rise hotel. It seems that
the City should be encouraging development in the vicinity of the
high rise hotel. Mr. Wilson further stated he is aiming towards
development in this location and is concerned about whether there
is a height limitation on the proposed general plan or through this
zoning ordinance. He stated that "Q" Street is a major arterial
leading from Brundage Lane across California Avenue and north for
a length of two miles. It is ll0 feet wide and goes through the
center of town. This is a major north bound access for vehicular
traffic into the proposed development area. He is strongly opposed
to the limitation to the defined boundary lines shown excluding
the blocks on the east side of "Q" Street. He feels the City is
loosing out if they omit the blocks on the east
from the unlimited height restriction.
Councilman Ratty stated that due to
conflict of interest he would not participate
side of "Q" Street
a real or imaginary
in this discussion.
No further protests or objections being received and no one
wishing to speak in favor, Mayor Shell closed the public portion of
the hearing for Council deliberation and action.
City Manager Kelmar suggested the Council continue this
public hearing until October 19, 1983, to give the Council and staff
more time to review Mr. Wilson's concerns.
In answer to a question by Councilman Means, Planning
Director Sceales stated the Downtown Redevelopment Plan envisions a
stair-step type of height limitations on some of the blocks, whereas,
Bakersfield, California, September 14, 1983 - Page
the rezoning would allow unlimited height restrictions within the ~und-
ary area. The Planning Commission's thinking in denying this was
to proceed with the Downtown Redevelopment Plan to come up with
something that won't have to be changed 2 to 6 months down the road.
If the Downtown Redevelopment Plan has merit, this rezoning should
not be adopted. The City should pursue the Downtown Redevelopment
Plan and adopt the necessary text to go along with it. The Planning
Commission is recommending that this rezoning not be adopted and
that the City proceed with whatever they have to do to adopt the
Downtown Redevelopment Plan and implement it.
After a lengthly discussion, Councilman Means made a
motion that the public portion of this hearing be reopened, the
description of Blocks 220 through 275 be corrected to read: Blocks
270 through 275; and the public hearing before the Council on any
evidence for or against an application by the City of Bakersfield
to change the zoning boundaries of said properties from a C-2
(Commercial) Zone and a C-C (Civic Center) Zone to a C-3 (Central
Business) or more restrictive Zone, and to amend said Municipal
Code accordingly, affecting those certain properties in the City of
Bakersfield located between "H" and "N" Streets and between Truxtun
Avenue and 20th Street, be continued until October 19, 1983. This
motion was unanimously adopted.
This is the time set for public hearing on Resolution of
Intention No. 973 of the Council of the City of Bakersfield declar-
ing its intention to establish Maintenance District No. 8, located
in the area of the City generally bounded by Morning Drive on the
east, College Avenue on the south, Fairfax Road (including those
parcels adjacent to Fairfax Road) on the west, and State Route IV
Kern 178, on the north.
This hearing has been duly advertised, posted and the
property owners notified as required by law.
The application for this Maintenance District was submit-
ted by the owner/subdivider of the major portion of the proposed
district.
Bakersfield, California, September 14, 1983 - Page 22
This Maintenance District would provide payment for the
costs and expenses of maintaining and operating parks, street median
and parkway landscaping, slopes and drainage facilities. Since
the improvements will not be completed in the 1983-84 Fiscal Year, no
charges will be assessed during that period.
An initial study was prepared which provided environmental
evaluation of two neighborhood park sites within the district.
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being received, and no one wish-.
ing to speak in favor, the public portion o£ the hearing was closec~
for Council deliberation and action.
Upon a motion by Councilman Rockoff, Negative Declaration
and Resolution No. 117-83, establishing Maintenance District No. 8
and conforming the Assessment were adopted by the following roll call
Councilmen Ratty, Rockoff, Barton, Christensen, Means,
Payne
Noes: None
Absent: None
This is the time set for public hearing on Resolution of
Intention No. 972 of the Council of the City of Bakersfield declar-
ing its intention to order the vacation of a portion of Height
Street between ~. Vernon Avenue and Sunny Lane.
This hearing has been duly advertised and posted.
The application for this street vacation was submitted by
Clement/Milazzo & Associates, 3200 21st Street, #500.
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being received and no one wishing
to speak in favor, Mayor Shell closed the public portion of the hear-
ing for Council deliberation and action.
Upon a motion by Councilman Ratty, Resolution No. 115-83,
of the Council of the City of Bakersfield ordering the vacation of
vote:
Ayes:
356
Bakersfield, California, September 14, 1983 - Page 23
a portion of Height
Lane in the City of
roll call
Ayes:
Noes:
Absent:
Street between Mt. Vernon Avenue and Sunny
Bakersfield, was adopted by the following
vote:
Councilmen Ratty, Rockoff,
Payne
None
None
This is the time set
Barton, Christensen, Means,
for public hearing on Resolution of
Intention No. 974 of the Council of the City of Bakersfield declar-
ing its intention to order the vacation of a portion of 16th
Street lying between Eye Street and "H" Street.
This hearing has been duly advertised and posted.
The City initiated the vacation which was recommended
for approval by the Planning Commission.
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being received and no one wish-
ing to speak in favor, Mayor Shell closed the public portion of
the hearing for Council deliberation.
Upon a motion by Councilman Ratty, Resolution No. 119-83
of the Council of the City of Bakersfield ordering the vacation of
a portion of 16th Street lying between Eye Street and "H" Street in
the City of Bakersfield, was adopted by the following roll call
Councilmen Ratty, Rockoff, Barton, Christensen, Means,
Payne
Noes: None
Absent: None
This is the time set for public hearing before the Council
on the 1983 Weed Abatement Program.
The property owners were notified by certified mail.
Director of Fire and Development Services Needham stated
the Fire Department has been unsuccessful in getting the lot cleaned.
through the normal process, and requests the Council order abatement
of the lots listed in the resolution.
vote:
Ayes:
Bakersfield, California, September 14, 1983 - Page 24
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being received, the public port~on
of the hearing was closed for Council deliberation and action.
Upon a motion by Councilman Payne, Resolution No. 120-83
of the Council of the City of Bakersfield finding that certain weed.s
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 Ratty,
Payne
Noes: None
Absent: None
There being no
upon a motion by
at 11:15 P.M.
Rockoff, Barton, Christensen, Means,
ADJOURNMENT
further business to
come before the Council,
Councilman Christensen, the meeting was adjourned
MAYOR'of he City of Bakersfield, Calif.
ATTEST:
CITY CLERKSand ~x Officio Clerk of the Council
of the City of Bakersfield, California
CW
Bakersfield, California, September 27, 1983
Minutes of a Special Joint Meeting of the Council of
the City of Bakersfield and the Bakersfield Redevelopment Agency,
held in the Council Chambers of City Hall at 5:00 P.M., September
27, 1983.
The meeting was called to order by Mayor Shell and
Agency Chairman Barton, followed by the Pledge of Allegiance and
Invocation by Father Timothy Cardoza of St. Joseph's Catholic
The City Clerk called the roll of the Council, as follows:
Present: Mayor Shell. Councilmen Rockoff, Barton, Christensen,
Means, Payne
Absent: Councilman Ratty
The City Clerk called the roll of the Agency, as follows:
Present: Agency Members Rockoff, Barton, Christensen, Means, Payne
Absent: Agency Member Ratty
Informational Discussion with City's
Consultants regarding Development Agree-
ment for the Truxtun Galleria Office/
Retail Complex.
City ~anager Kelmar stated tonight's Joint Meeting
between the City Council and Redevelopment Agency is for the purpose
of an explanation of the Development Agreement of the Truxtun
Galleria Office and Retail Project. It is a very complex Develop-
ment Agreement and instead of simply having the p~blic hearing
and trying to explain it all in one evening, it was felt it would
be b~neficial to try to have an informational discussion whereby
the consultants could explain the nature of the development agree-
ment. He introduced Mr. Cal Hollis and Mr. Dick Botti from the
Financial Consultant's office, Keyser-Marston Associates; and Mr.
Dave Beatty, the Agency's Legal Counsel in Sacramento.
Mr. Calvin Hollis stated he would explain the physical
project. The project as it is now proposed is to be constructed
in two phases. The first phase is comprised of a fourteen-story
office tower, with approximately 150,000 square feet of office
space, approximately 50,000 square feet of shops, and 19,000 square
feet of common mall area. The first phase includes subterranean
Church.
Bakersfield, California, September 27, 1983 - Page 2
parking of approximately 100 spaces and a three-level above-grade
parking structure which includes approximately 600 spaces. The
Development Agreement allows for a subsequent second-phase, which
would include the balance of the project with another 40,000 square
feet of shops and 19,000 square feet of enclosed mall area, and an
office tower of up to 250,000 square feet (20 stories). This is a
very aggressive project and very risky in terms that it has not been
done before in Bakersfield. It is a major statement to Downtown.
Its' attractions are meant to make Downtown Bakersfield once again
an office location and bring with it the people and vitality that
an office location physically brings. In Phase II there are a total
of six hundred and fifty parking places. In Phase I there are a
total of seven hundred parking places. There are more parking
spaces built in Phase I than initially required. Some of the park-
ing places in the Phase II are a function of design. There is a
total of 1,350 parking spaces when both Phase I and Phase II are
completed.
Mr. David Beatty, Special Council for the Redevelopment
Agency explained that if a public hearing is called for October
1983, the Council will have an Agreement that has been signed by the
developer with basic concept drawings and a Good Faith Deposit of
$200,000 with perhaps a credit of $25,000 in expenses of the developer.
In an Agreement of this size, basically both sides are attempting to
structure the risks in a rational way so that neither party makes
a commitment or move that cannot be recalled or be unwise if the
other party does not proceed. The Agency wants to be certain that
before the land is acquired, the development is actually going to
occur. The Development Agreement has been structured so that
several conditions must occur before the Agency goes out and acquires
property or issues tax exempt financing. It is the acquisition of
property which is a key point in terms of the Agency's risk. After
that point, the Agency wants to be sure the development of Phase I
is actually going to proceed. Assuming the Development Agreement is
signed by both the Developer and Agency after the public hearing,
the Developer would have ninety days with which to submit construction
Bakersfield, California, September 27, 1983 - Page 3
financing for approval by the Agency. Obviously, it is that
financing linked to tenants, which is a key concern to the Agency
whether this project will really go forward or not. In addition,
there must be presented to the Agency an Agreement between the
California Republic Bank showing that the development, as it relates
to the acquisition of land, and a provision of parking for the
bank has been worked out. Finally, there must be approval of an
Agreement between the City and the Agency and the County and
Agency, with respect to the purchase of the County Hall of Records.
The Agency will not wish to proceed and acquire property until
these three basic conditions are met. If the three conditions are
met within 90 to 120 days after the execution of the Development
Agreement by the Agency, the Agency will be in a position to use
its good faith effort in attempting to sell tax exempt financing
for the acquisition of land for and construction of the parking.
If financing is successful, the Agency will then start to acquire
property. So, it is basically to do two things; one, agree to
acquire property and sell it to the redeveloper, and two, issue
financing for the parking at tax exempt rates. The Redevelopment
Agency will make or lease a certain number of parking spaces for a
period of ten years and make payments to the developer during
that ten years. The number of spaces and amount of payments will
depend upon whether it is Phase I or whether it is Phase I and
Phase II. After completion of Phase I, the Agreement requires
the redevelopers to guarantee the Agency will receive at least
$500,000 in tax increments after completion of construction. The
$500,000 is the amount needed by the Agency to pay the costs of
land acquisition, parking, and lease payments for parking. If tax
increment monies do not equal $500,000,
he will make in lieu payments. If that
lease payments made by the lease agency
parking is reduced to cover that amount
because of lack of tax increments or in
Agency has the option
the developer is stating
does not occur, then the
to the developer for the
of money that
lieu payments.
to terminate the ability of the
has been lost
Also, the
redeveloper
Bakersfield, California, September 27, 1983 - Page 4
to exercise his option on Phase II. Within five years after comple-
tion of Phase I, the redeveloper has the option to acquire the secend
parcel needed for the second major office tower and the retail space
that will go with it. The consultants believe the economics of the
project make it a real incentive for the redeveloper to proceed with
Phase II. It is basically an option of the redeveloper whether to
proceed with Phase II or not. The Agency will have acquired the
property already, so there will not be an additional obligation at
that time. Escrow will open and the developer will submit drawings,
financing, etc. The land will be conveyed initially at a minimal
purchase price. However, unlike when escrow closes on Parcel I, the
developer will be required, when escrow closes on Phase II to sign
a deed of trust and a promissory note paying what is called an adjusted
purchase price for the property on Phase II~ The adjusted purchase
price is basically a way to evaluate the true value of the property;
the development value of the property
opened instead of when escrow closes.
what to the advantage of the agency.
to the developer after it is
It is being structured some-
One year after Phase II is
constructed and the project is opened, the property will be appraised.
At that point, the developer will pay over a five-year period to the
Agency an adjusted purchase price for that land which is basically
5% of the ownership interest of the appraised value of that property.
Basically, the Agency is receiving a delayed payment for the purchase
price for the second parcel. If the developer does not exercise
his option to acquire the Phase II parcel, the Agency will retain the
parcel and will be able to sell to another developer to complete
this project or whatever project is deemed feeseable at that point
by the Agency. Presumably, the property will have increased in value
because of the existence of Phase I. It is written into the Agreem.~nt
that Phase I and Phase II can be coordinated together if in fact it
proceeds with a different developer. The Agency is protected on th,~
parking so that the second developer is able to get the development
rights needed to construct the parking.
Bakersfield, California, September 27, 1983 - Page 5
In answer to a question by Councilman Means, Mr. Hollis
stated the Development Agreement provides that the developer has
90 days in which to obtain financing. If he cannot get financing
within 90 days there is no penalty to either party. If the develo~,er
comes to the Agency at that time and states he cannot get financing
and would like to continue under the agreement, and the City agrees,
but he is still not able to get financing within the second 90
days, the agreement is terminated and the developer looses $25,000
of the Good Faith Deposit. If the City were to give him another
90 days to obtain financing, and then the agreement is terminated,
the developer looses another $25,000 of that Good Faith Deposit.
It has been the opinion of the consultants all along that this
project should be phased because of its complexity and size.
Throughout negotiations with the developer it has been suggested
to phase this project. The developer independently came to the
same conclusion. He stated he felt the project is much stronger
and more likely to proceed if broken into two phases than if the
Agency required the entire 400,000 square feet of office space be
built at one time. Because of the complexity and uniqueness of
this project, a forefeiture of deposit would not be appropriate
if the developer is unable to obtain financing. The Consultants
are not representing to the City Council that this project is a
sure project to be financed. This is not a standard office project.
It is believed by the Consultants that a Disposition and Develop-
ment Agreement is needed by the developer to have the opportunity
to get financing.
Mr. Dick Botti stated, the Agency has two responsibili-
ties, one is to assemble the site, the second is to lease for a
period of ten years certain parking spaces. A non-financial res-
ponsibility is to offer tax exempt financing for the structured
parking facility and for a portion of the first
The offering of tax exempt financing, which are
trial revenue bonds, places the Agency under no
office building.
in effect indus-
obligation. To
Bakersfield, California, September 27, 1983 - Page 6
?,63
the extent the parking is financed in a form of industrial revenue
bonds, the parking spaces must be public and available to the public
for the life of the bond issue. The developer's obligation is to
be responsible for debt service on all private improvements which
include the office towers, mall area, retail area, and all the park-
ing. In looking at and evaluating the economics of this project,
one of the responsibilities of the Consultants is to analyze
and make estimates as to what kind of rents could be obtained
in the retail and office portions of the project. To analyze the
development costs including parking, land and financing and; to
compare this development with other developments in the Bakersfield
area in terms of rent, make projections as to rent levels in Bakers-
field today, and determine what kind of rents this project could
command. Through this analysis, determine what portion of the pro-
ject's cash flow should support a land value. That is, once the
costs of construction are provided for, the debt on the construction,
and a reasonable return for the developer on this project is allowed,
what revenue is available to support a land value. The Consultants
concluded that the Agency should sell this first phase property to
the redeveloper for the price of one dollar. The purchase price of
Phase II, if constructed, has not been set at a dollar amount, but
a formula amount. The formula price takes into account what income
to that project actually is when it is built. This method of deter-
mining purchase price has become increasingly common in redevelopment
projects. Primarily, because most redevelopment projects involve
redevelopment brought into areas of unproven market, no one can say
how successful a project can be or what revenues will be generated
and therefore, what value that land has. The Consultant has attempted
to determine what the land value is for this project, not what the
land value is in Bakersfield generally. Not what's land value at
the highest and best appraisal sense, but if this is the project the
Agency wants constructed, or if th~s is the project the agency is
going to allow to be constructed, what land values does this project
support. In the establishment of land values, there are normally
Bakersfield, California, September 27, 1983 - Page 7
two approaches. One approach is strictly in line with the economics
of the project. That is, the developer is committed to build a
certain project that has certain costs applied with provision for
parking, an air conditioned mall, retail and office space based
upon the cost, anticipated revenue and financing. This is in
regard to land value that the developer can afford to build that
project. It is what is termed a reuse value. The Agency will ask
the Consultants what the developer can afford to buy the property
for. It is a land value of a project that contains 420,000 square
feet of office space, one or two levels of underground parking, and
an air conditioned mall. The other way to approach the determin-
ation of land values, as a cross check to the income approach, is
to determine what other developers have paid for land and parking
within a geographical area. What is represented to the Council
is a comparison between a suburban development and the downtown
project. The developer in the downtown will be forced to compete
with the suburban developer. In the suburban location, the
developer will buy 20 acres of land at $10 or $12 a foot. He will
construct inexpensive surface parking and will have a very competi-
tive package. He will spend the entire amount that he could spend
on land and parking, 80 or 90% on land, and very little on surface
parking. Surface parking costs $1.50 a square foot. Whereas in
the suburban location the developer is spending a couple of dollars
per square foot of gross building area for land, in the Downtown he
is providing very costly structured parking. So, the entire amount
he can afford in a competitive sense to spend on land and parking
he is now spending all or a great portion of that on parking. This
means the developer can afford to spend less for the land. An
additional cost in the downtown location is that the developer has
to complete $4,000,000 to $5,000,000 worth of underground parking
and carry it all the way through construction of the first office
tower. The developer has also agreed to make the total tax payment
to the Agency of $500,000 per year. It is the Consultant's estimate,
based on the value of the Phase I project, that the developer's
Bakersfield, California, September 27, 1983 - Page 8
out-of-pocket expense, above the taxes being generated by Phase I,
is a quarter of a million dollars per year. That represents the
costs of doing business Downtown. If the Agency did not require the
in lieu payment to be made~ they could charge more for the land.
The Agency will be making payments to guarantee the $500,000 payme~.t
per year. The Phase I development the developer is committed to
only generates $250,000. Costs for the entire project in the downtown
location, with the Agency only charging a minimum amount for the land,
is greater than in the suburban location. It is known the develop~.r
is spending money on the parking garage and therefore, this land ncw
has a depreciable asset which returns certain tax benefits to the
developer. Even after the tax benefits are taken into account, as a
result of having a depreciable asset, the downtown project is
exactly equivalent to a suburban location for the entire project.
One of the reasons for the developer to be committed to making the
project work is that he has to get to Phase II because his rate of
return in Phase I is a little below what would normally be expected.
Part of the rationale for the developer agreeing to the $500,000 per
year, is that it can be considered to be an option price on the right
to develop Phase II. In the analysis of the economics of the Down-
town Project, the Consultants have been very bullish in respect to the
rent levels expected to achieve. The developer has provided amenities
in this package that won't be found in a suburban location, such as
the air conditioned mall. Currently, rent levels on suburban loca-
tions are averaging around $1.85 per month per square foot. Our
economic analysis of Phase I indicates the land is worth $1.00 on
the assumption there is a total rent level in the downtown project
including the parking payments which are $1.85 per square foot. The
current rent level downtown is $12.00 per year per square foot. This
is an average of the current lease of space on the market. Space
in the Bank of America is closer to $1.50 or $1.60 per month. He
wished to emphasize what was stated by Mr. Hollis that this is a
pioneering project and very difficult from the private developer's
side. Even assuming the top rental rate in the Bakersfield market,
it is a very difficult set of economics both for the Clty and developer.
Bakersfield, California, September 27, 1983 - Page 9
Councilman Means stated that he supports this project and
believes it will be a landmark but, he would like the Agreement
to specify a time period for payment by the Redevelopment Agency
to the City for both the parking lot and Eye Street.
Mayor Shell stated she has been excited about this
project since its' inception. In light of the budget problems the
City has incurred during the past year, she feels the citizens of
the City of Bakersfield would be interested in being compensated
for any property that is used for this project.
Councilman Barton made a motion to set October 18, 1983,
at 7:00 P.M., for a Joint Public Hearing by the City Council and
Redevelopment Agency on the Development Agreement for the Truxtun
Galleria Office/Retail Complex.
Councilman Rockoff stated he received a telephone call
from Mrs. Martha Walters asking if she could ask questions at
tonight's meeting. He did not feel there would be a problem with
her asking questions, if there were no editorial comments.
Mr. Beatty stated he would prefer the Council use extreme
caution and not allow someone from the audience to ask questions.
This is a project that requires very specific procedures for a
public hearing, and it would mean the Council is giving opportunity
to some people to participate that is not available to everybody,
simply because they have not been notified.
Councilman Means made a substitute motion to allow members
o£ the audience to ask questions at tonight's meeting.
In answer to a question by Councilman Christensen, City
Attorney Oberholzer stated that he would defer to ~r. Beatty, who
is an expert on Redevelopment Law. If Mr. Beatty has a legal
problem with allowing members of the audience to speak tonight, he
would also caution the Council and Agency to be wary of proceeding
because of the possibility of becoming involved in a law suit that
could tie up the project for months. Mr. Beatty has rendered an
opinion on this issue and the Council and Agency should consider it.
The Council desires to allow everyone an opportunity to speak and
Bakersfield, California, September 27, 1983 - Page 10
State Law guarantees that right on this Disposition and Development
Agreement. But, a Special Notice was issued, pursuant to the Brow~
Act for tonight's meeting and that nofice must contain all agenda
items. The notice for tonight's meeting did not have a provision ~n
there that there would be a public discussion of this issue tonight.
The notice is very specific and indicated the Council would have an
informational discussion with the Agency's Consultants regarding the
Development Agreement for the Truxtun Galleria.
Councilman Means stated he did not agree and felt that
City Attorney Oberholzer's opinion was not appropriate. He feels the
Council can set any rules of order desired and that this project could
not be held up for a year.
Mr. Beatty stated it is a matter of public participation.
Public notice and a public hearing do two things, both of which are
equally important. One, is to give rights to the public to speak,
and the other is to give an opportunity for everyone to appear and
speak, and that implies notice. That is an important part of public
participation and a right to speak to the Mayor and Council Members.
The notice for others to be able to speak and contribute tonight is
what is not available. Under Redevelopment Law, there is specific
notice and hearing requirements.
Councilman Means' substitute motion to allow members of
the audience to ask questions at this time, failed to pass by the
following roll call vote:
Ayes: Councilman Means
Noes: Councilmen Rockoff, Barton, Payne
Absent: Councilman Ratty
Abstaining: Councilman Christensen
Councilman Christensen stated he abstained because he could
not afford legal council.
Councilman Barton's motion to set October 18, 1983, at
7:00 P.M., for a Joint Public Hearing by the City Council and the
Redevelopment Agency on the Development Agreement for the Truxtun
Galleria Office/Retail Complex was passed unanimously.
Bakersfield, California, September 27, 1983 - Page
Upon a motion by Redevelopment Agency Member Rockoff,
October 18, 1983, at 7:00 P.M., was the time set for a Joint Public
Hearing by the City Council and Redevelopment Agency on the Dispos-
ition Agreement for the Truxtun Galleria Office/Retail Complex.
ADJOURNMENT
There being no further business to come before the Council,
upon a motion by Councilman Christensen, the meeting was adjourned
at 6:43 P.M.
There being no further business to come before the
Redevelopment Agency, upon a motion by Agency Member Christensen,
the meeting was adjourned at 6:44 P.M.
MAYOR of t~City of Bakersfield, Calif.
ATTEST:
of the City of Bakersfield, California
CW
Bakersfield, California, September 28, 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., September 28, 1983.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Chaplin Ed Meissner
of the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Barton, Christensen, Means, Payre
Ratty, Rockoff
Absent: None
Minutes of the regular meeting of September 7, 1983,
were approved as presented.
PRESENTATION
Mr. Frank Bergon, Honorary Trustee of the American Police
Hall of Fame, presented a Certificate of Enrollment and Medal of
Honor to the widow of Police Officer William Sikola who was killed
in the line of duty on July 17, 1983.
SCHEDULED PUBLIC STATEMENTS
Mrs. Patsy Ladd, 3604 "K" Street, stated she has been
bitten by seeing eye dogs while on City buses and has requested that
Golden Empire Transit require the dogs be muzzled while on buses.
Golden Empire Transit has stated they will only require muzzles if
it becomes a City, County, State or Federal Law. Mrs. Ladd felt a
law should be passed requiring all seeing eye dogs to be muzzled
while on common carrier transportation.
City Attorney Oberholzer stated he thinks there is special
legislation in the area of seeing eye dogs and he is not familiar
with it and would have to research the matter.
Councilman Christensen requested a report on the matter of
legislation on seeing eye dogs in regard to using public transporta-
tion and also requested a report from Police Chief Price regarding
the number of bites by seeing eye dogs during the last 4 to 5 years.
Mr. Rich O'Neil, 6600 Desmond Court, stated in an ef£ort
to improve and maintain a beautiful river corridor through Bakers-
field, tile Kern River Foundation proposes to give 400 trees to the
Bakersfield, California, September 28, 1983 - Page 2
City of Bakersfield to be planted by the Kern River Committee along
the Kern River in the area of the Truxtun Avenue Extension, north and
upstream from the Gosford Bridge to the Santa Fe Railroad Tracks.
The Kern River Foundation has tentatively accepted a donation of
200 Cottonwood, 200 Sycamore and some Valley Oak Trees from a
community member. The donation is subject to receiving permission
from the City of Bakersfield to plant and maintain the trees in
this area. In order to plant the trees in an attractive and man-
ageable manner they are proposing to open the landscaping design
to college and university architectural students in a contest. The
contest will be judged by local professionals in that area. The
Kern River Committee would like to coordinate the tree planting
with other community service organizations. They plan to open a
concept called "Adopt a Grove," whereby, all service committees
would help with the planting and maintenance of the trees. The
Council is requested to consider adopting a resolution supporting
the concept of future donations by the Kern River Foundation of
money and services to construct such projects as skating areas,
bicycle paths, other tree plantings, maintenance of the Truxtun
Avenue Lake, etc.
Councilman Christensen congratulated the Kern River Park-
way Committee for bringing this project, to enhance the Kern River
Area, to the Council and made a motion to adopt a resolution
supporting the concept as presented by Mr. O'Neil.
Councilman Barton stated he supports the concept
presented by Mr. O'Neil, however, there are some logistics in the
placement of the trees due to levees, etc., and suggested that the
matter be referred to the Water and City Growth Committee for
coordination and development with the Kern River Foundation and
Kern River Parkway Committee.
In answer to a question by Councilman Barton, Mr. O'Neil
stated the donor of the trees will hold them as long as the project
moves forward in a positive direction.
Bakersfield, California, September 28, 1983 - Page 3
Councilman Means suggested that the Committee consider
planting the trees on any City property. He is not supportive of
the trees just being planted between Gosford Road and the railroad
tracks.
Councilman Christensen amended his motion that the matter
of planting and maintaining trees be referred to the Water and City
Growth Committee for coordination and development with the Kern River
Foundation and Kern River Parkway Committee.
Mr. O'Neil stated the donor of the 400 trees specified
that they be planted in the area along the Kern River from Gosford
Road Bridge to the Santa Fe Railroad Tracks, however, they have other
groups and individuals donating trees.
Councilman Christensen stated he wanted to add to his
motion that the Water and City Growth Committee consider, very
seriously, adding other trees to other areas.
Councilman Rockoff, Ratty and Payne indicated they feel
the Council should bend to the wishes of someone who is willing to
donate 400 trees to the City and plant them where he ~equested.
Councilman Christensen's amended motion that the matter
of planting and maintaining the 400 donated trees along the Kern River
from Gosford Road Bridge to the Santa Fe Railroad Tracks be referred
to the Water and City Growth Committee for coordination and develop-
ment with the Kern River Foundation and Kern River Parkway Committee,
and the Committee very seriously consider adding other trees to other
areas, was unanimously approved.
CORRESPONDENCE
Upon a motion by Councilman Means, communication from
Mr. Jim Antt, 1929 - 20th Street, dated September 19, 1983, regarding
restrictions on smoking in public places, was received and referred
to the Voucher Approval Committee.
Upon a motion by Councilman Payne, communication from Golden
Valley,
ber 20,
to High Density
Inc., 4167 North Motel Drive, Suite 106, Fresno, dated Septem-
1983, requesting a General Plan Amendment from Medium Density
for property located on the southeast corner of 40th
372
Bakersfield, California, September 28, 1983 - Page 4
and "Q" Streets, was received and referred to the Planning Commission
for study and recommendation.
Upon a motion by Councilman Christensen, communication from
the Greater Bakersfield Chamber of Commerce, 1000 Truxtun Avenue,
Suite C, dated September 16, 1983, regarding the Chamber's endorse-
ment of a proposed Agricultural Training Center for joint use by
the Kern High School District and Kern Community College District,
was received and ordered placed on file.
Upon a motion by Councilman Ratty, communication from
S. A. Camp Companies, P.O. Bin D, Shafter, dated September 26, 1983,
on behalf of a partnership to be formed between S. A. Camp Companies
and Tenneco Realty Development Corporation, requesting a General Plan
Amendment from Low Density Residential to Commercial on 3.4 acres
located north of Stockdale Highway and west of Coffee Road, was
received and referred to the Planning Commission for study and
recommendation.
Upon a motion by Councilman Rockoff, communication from
Richard S. Davis, 4646 Wilson Road, dated September 23, 1983,
regarding his opposition to smoking controls in the work place,
was received and referred to the Voucher Approval Committee.
Upon a motion by Councilman Ratty, communication from
Mary L. Hoggatt, Bakersfield Board of Realtors, P.O. Box 2306,
dated September 26, 1983, regarding their opposition to the rezon-
ing of Lakeview Avenue, was received and ordered placed on file.
Upon a motion by Councilman Rockoff, communication from
Clarence Westra, 4200 Boise Street, #12A, dated September 28, 1983,
submitting his resignation from the Planning Commission, effective
immediately, was received, resignation accepted and the Mayor was
requested to send a letter of appreciation for his service to the
City of Bakersfield.
Bakersfield, California, September 28, 1983 - Page 5
COUNCIL STATEMENTS
Councilman Rockoff stated it has been brought to his
attention that the State voted that cities and local governments
shall receive additional subventions. The resolution adopted by
the Council several weeks ago pledged that should these funds be
forthcoming, the Council would do everything necessary to reduce the
Garbage Tax.
City Manager Kelmar stated the charges stipulated in the
Ordinance will have to be modified.
Councilman Rockoff requested that an ordinance be drafted
to reflect a reduction in the Garbage Tax by an amount equal to the
additional subventions received from the State.
City Attorney Oberholzer stated he would prepare an Emer-~
gency Ordinance and place it on the agenda for the Council Meeting of
October 12, 1983.
Councilman Rockoff stated a few months ago a constituent,
whose back yard faces Freeway 178, complained of noise from that
freeway. Staff contacted the State regarding noise abatement walls
along freeways. The State has indicated that they no longer constract
noise abatement walls in cases where homes are constructed after th.~
freeway is in existence. These City residents are looking to someo:~e
for relief.
Councilman Rockoff made a motion that the matter of the
noise from Freeway 178 be referred to the Water and City Growth
Committee for study and recommendation back to the Council for dis-
cussion.
Councilman Means stated Kern COG has reluctantly expended
funds over the last
Council may be able
pursued.
few years for
to get a wall
In answer to questions
sound walls and suggested that the
constructed if it is aggressively
by Councilman Ratty, Fire and
Development Services Director Needham stated a noise analysis or study
is made along freeways, and if it is determined that the noise leve~i
is above 65 decimals a mitigation measure will be taken to reduce the
Bakersfield, California, September 28, 1983 - Page 6
effects of the noise. It does not necessarily have to be a wall.
It can be in the home construction or some other type of mitigating
measure, however, that is the time it is applied. The Planning
Coramission will soon be given a draft of the Noise Element of the
General Plan for study and recommendation to the Council. .~-
Councilman Rockoff's amended motion that the matter of
the noise from Freeway 178 be referred to the Water and City Growth
Committee for study and recommendation and the Committee aggressively
pursue requesting Kern COG to construct a sound wall, was unanimously
approved.
Councilman Christensen reminded the Council that August
28th was a very important date regarding placing the Garbage Tax
on the tax rolls. Councilman Christensen asked how can the rate
be changed at this time and what will that change cost the City.
City Manager Kelmar stated, basically, by September 1st,
by law the County has to adopt all charges, rates and taxes that
appear on the tax rolls. That was the reason the exact figure had
to be given to the County. That assessment cannot be changed on
the tax rolls. Since the City is billing the commercial properties,
the City can modify those bills to reflect the new rates. The City
will have to refund the residential properties to the homeowners who
paid the assessment on the tax bills. The subventions are received
all during the course of the year, so the City will actually have
to wait until the money is received before refunds can be made. It
will probably be sometime in the early part of next year.
In answer to a question by Councilman Barton, City Manager
Kelmar stated the subvention to be received from the State will be
$1,310,000, which is roughly a 50% reduction in the Garbage Collec-
tion Fee.
Councilman Rockoff stated the item brought to the Council
by the Fair Housing Coalition was referred to the Budget Review and
Finance Committee. Since that time the County referred this matter
to their Intergovernmental Relations Committee and he felt it would
be appropriate for the Council to reassign this matter to the
Bakersfield, California, September 28, 1983 - Page ?
Council's Intergovernmental Relations Committee to work with the
County.
Upon a motion by Councilman Rockoff, the matter of the
Fair Housing Coalition was reassigned to the Intergovernmental
Relations Committee.
Councilman Means, during discussion, stated the Fair Hous-
ing is an important issue that will have to be adfiressed and not over-
looked by the Council. He hopes it will be done within the next
six weeks and possibly before November 17, 1983.
Councilman Payne, speaking on behalf of the Council,
Mayor and staff, stated there are no words that can adequately
express the sympathy felt for Mrs. William Sikola and her family in
this time of grief. It is sincerely hoped, and he believes, that
this community feels eternally grateful for the sacrifice made by
Police Officer William Sikola and the sacrifices constantly being
made by his fellow law enforcement officers day after day. They
are willing and ready to make that supreme sacrifice on behalf of
all citizens, if called upon to do so. It is hoped this fact is
kept in mind the next time a citizen sees an officer performing his/
her duties. If at all possible that citizen should take the time to
tell them how much, what they are doing on our behalf, is appreciat,~d
and that their sacrifices are appreciated. It is at a time like thls
· that it seems their compensation is less than adequate.
Councilman Barton, referring to a memorandum from the
Director of Water Resources Dow, dated September 28, 1983, regarding
Reorganization of Agriculture and Domestic Water D~visions, stated
they are requesting the deletion of one position and reclassification
of others.
After discussion, upon a motion by Councilman Barton, the
matter of the reorganization of the Agriculture and Domestic Water
Divisions, was referred to the Governmental Efficiency and Personnel
Committee.
Bakersfield, California, September 28, 1983 - Page 8
Mayor Shell commented on the Police Officers and their
wives' participation in community activities and the decrease in
the crime rate in the City of Bakersfield during the last year.
Mayor Shell felt the efforts of the Police Officers contributed to
that decrease and those efforts are really appreciated. This goes
beyond their regular hazardous duty.
Mayor Shell stated, while signing Certificates of Appre-
ciation for employees who have served the City for 5 years or more,
she noticed there were 3 certificates for persons who have worked
for the City for over 20 years. Mayor Shell congratulated Planning
Director Dewey Sceales, Police Captain Robert Patterson and Public
Works Inspector Paul Allen.
REPORTS
Councilman Ratty, Chairman of the Water and City Growth
Committee, read Report No. 3-83 regarding Expansion and Upgrading
of Wastewater Treatment Plant No. 3, as follows:
The City of Bakersfield currently operates two
Wastewater Treatment Plants with a combined treat-
ment capacity of approximately 24 million gallons
per day (MGD). The designed capacity of Wastewater
Treatment Plant #3, in the Southwest, was originally
3.5 MGD. Pursuant to a staff report to the City
Council in June, 1980, the capacity has been extended,
through interim improvements, to 4.8 MGD and the
plant currently provides secondary treatment to an
average of 4.2 MGD.
The existing capacity of Plant #3 is inadequate to
serve proposed residential growth and the plant has
had difficulty meeting the discharge requirements
mandated by the state. Further, air pollution
problems at Plant #3 have been mitigated by the
March, 1983, separation of yeast waste discharges
from the Anheuser-Busch plant.
The June, 1980, report provided preliminary recommenda-
tions for long range solutions by expanding and upgrad-
ing Wastewater Treatment Plant #3 and further recom-
mendations to address disposal of the effluent.
Subsequent to referring the report to this committee
for study and recommendations, staff has been work-
ing with John Carollo Engineers in an effort to
negotiate an agreement for engineering services for
the expansion and upgrading phase.
Bakersfield, California, September 28, 1983 - Page 9
This committee has met with City staff to dis-
cuss and review the proposed agreement. We
noted the proposed agreement provides engineer-
ing and design services for a cost not to exceed
$598,800. Preliminary estimates indicate this
amount will be less than 6% of the cost of expand-
ing and upgrading the plant and as such we con-
sider that amount to be reasonable and acceptable.
Effective July l, 1983, the City Council approved
an increase in sewer connection fees from $100
to $850. The additional $750 in the connection
fee was necessary in order to assist in the fund-
ing of the expansion and upgrading of Wastewater
Treatment Plant #3. Consequently, we took special
note that the funding for the proposed engineering
services agreement will be provided by the additional
sewer connection fee of $750.
Pursuant to our review and discussions, we concur
with the proposed attached agreement and recommend
the City Council approve and authorize the Mayor
to execute.
Upon a motion by Councilman Ratty, Water and City Growth
Committee Report No. 3-83 regarding Expansion and Upgrading of Waste-
water Treatment Plant No. 3, was accepted; and agreement with John
Carollo Engineers for engineering services for the expansion and
upgrading phase, was approved and the Mayor was authorized to execute
the same.
Councilman Ratty, Chairman of the Water and City Growth
Committee, read Report No. 4-83 regarding Sewer Farm Land Sale to
High School District, as follows:
Recently Mr. Don Murfin, Superintendent of the Kern
County High School District, submitted a proposal
to develop a Vocational Agricultural Training Center.
He requested that the City explore the feasibility
of making 80 acres of land at the City's sewer farm
in the Southeast available to the Kern High School
District. The matter was referred to the Water and
City Growth Committee for study and recommendation.
This committee has met with staff members to review
the request. In our discussions, we noted the
requested land is located on the east side of Mt.
Vernon Avenue, approximately 1,000 feet south of
Freeway 58. Pursuant to our discussions, the property
has been appriased and is valued at $4,000 per acre.
The exact size of the property is 76.97 acres, or a
total value of $307,880.
The City presently has a long term lease agreement
with Gary Garone Farms for the property. Mr. Garone
has agreed to release the land from the lease arrange-
ment subject to certain conditions which are enumerated
in his attached correspondence. During our discussions,
Bakersfield, California, September 28, 1983 - Page l0
we agreed any cost incurred in complying with
the conditions would have to be borne by the
School District.
The entire matter has been reviewed by the School
District, and they have agreed to the appraised
value as well as complying with and bearing the
cost of the conditions requested by Mr. Garone.
Therefore, we recommend the City Council direct
the City Attorney to prepare the appropriate sale
documents to be returned to the Council for approval.
Further, so as to offset the annual revenue loss of
$12,000 (annual rent currently paid by Garone Farms
to the City's sewer enterprise fund), we recommend
the City Council approve placing 50% of the proceeds
in a reserve account in the sewer fund to be invested
with other City funds. The City is currently earn-
ing approximately 10% on its investments; conse~
quently, the reserved funds would generate approxi-
mately $15,000.
Upon a motion by Councilman Ratty, Water and City Growth
Committee Report No. 4-83 regarding Sewer Farm Land Sale to High
School District, was accepted; the City Attorney was directed to
prepare the appropriate sale documents to be returned to the Council
for approval; and to offset the annual revenue loss of $12,000
(annual rent currently paid by Garone Farms, on the land to be sold,
to the City's sewer enterprise fund), the Council approved the
placing of 50% of the proceeds in a reserve account in the sewer
fund to be invested with other City funds.
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 20-83 regarding Minority
Business Development, as follows:
Ms. Jo Perez from the Business Development Corporation
has requested the Mayor recognize minority business
in this area the first week in October, 1983.
Additionally, Ms. Perez requested that the City
Council act on a Memorandum of Understanding between
the City and minority businesses. The matter was
referred to the Business Development and Parking
Committee for study and recommendation.
This committee met with members of City staff and
invited Ms. Jo Perez to participate in our dis-
cussions.
During our discussions with Ms. Perez, we noted the
City is legally obligated to award contracts and
make purchases with the lowest responsible bidder.
We agreed it is important to recognize and, where
possible, "do business" with minority businesses;
however, it is the City Council's obligation to
Bakersfield, California, September 28, 1983 - Page
ascertain the taxpayers of the City acquire
its goods and services for the lowest possible
price.
Further, we noted the City makes it a practice to
continually update its list of prospective bidders,
suppliers, and contractors so as to include
minority businesses. As a matter of practice,
requests for proposals are forwarded to minority
businesses within a 100-mile radius of the City
of Bakersfield, including the Los Angeles area.
We therefore recommend the City Council adopt the
attached resolution recognizing minority businesses
in this area the first week in October, 1983.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 20-83 regarding Minority Business
Development, was accepted.
Adoption of Resolution No. 121-83 of
the Council of the City of Bakersfield
Supporting Minority Enterprises.
Upon a motion by Councilman Barton, Resolution No. 121-8Z
of the Council of the City of Bakersfield Supporting Minority
Enterprises, was adopted by the following roll call vote:
Ayes
Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff
Noes None
Absent: None
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 26-83 regarding Data Processing
Police Systems, as follows:
Over the years, the Police Department has come
to use more of the services offered through the
City's Data Processing Department. Recently,
the Council and City staff have recognized the
need to expand the City's data processing capa-
bilities in order to accommodate the ever-
increasing need of the Police Department for
additional assistance in information offered by
electronic data processing.
In the past year, staff members from the City
Manager's Office, the Police Department, and
Data Processing have visited cities, counties,
police and sheriff departments, as well as
reviewed software packages offered for sale.
Recently, the Kern County's Sheriff's Depart-
ment embarked upon a program of developing and
implementing a "complete package" of police
services on a dedicated computer system. County
data processing and Sheriff's personnel met with
380
Bakersfield, California, September 28, 1983 - Page 12
City staff to review their plans for their data
processing system. It was noted the County is pro-
ceeding with the various systems and the systems
will be available to all the cities in the County
through terminals tied into the County's computer.
Additionally, we noted the County has offered the
City the opportunity of participating in the
development stage if the City wishes to avail it-
self of the police systems upon completion.
This committee has met with the Police Chief to
discuss the matter. We concur with the Police
Chief in that the information which will be avail-
able through the Kern County Sheriff's Office
computer far surpasses what would be practical for
the City to develop on its own. It appears our
principal costs will be for the acquisition of any
terminals we may need to access the Sheriff's
computer.
This committee recommends the City Council direct
the Police Chief to work with Kern County personnel
in the development of their computerized police
information systems. We further recommend the
City Council adopt the attached resolution so
reflecting our desire to participate with the
County.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 26-83 regarding Data Processing Police
Systems, was accepted; and the Police Chief was directed to work
with the Kern County personnel in the development of their computer-
ized police information systems.
Adoption of Resolution No. 122-83 of
the Council of the City of Bakers-
field directing the Chief of Police
to participate with the Kern County
Sheriff's Office in planning a Com-
puterized Record and Dispatch System.
Upon a motion by Councilman Rockoff, Resolution No. 122-83
of the Council of the City of Bakersfield directing the Chief of
Police to participate with the Kern County Sheriff'~ Office in
planning a Computerized Record and Dispatch System, was adopted by
the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff
Noes: None
Absent: None
Bakersfield, California, September 28, 1983 - Page
City Attorney Oberholzer reported that on August 24, 1983,
the Council certified the Environmental Impact Report prepared for
the City's 2,800 acre groundwater recharge basin along the Kern
River. That E.I.R. dealt with the spreading and extraction activi-;ies
that might be carried on in that facility. On August 24, 1983,
a time period of 30 days began in which persons could make a legal
challenge to the E.I.R. Last week Rosedale-Rio Bravo legal counseL,
Mr. Palmer, raised a question in interpretation within the E.I.R.
During the course of his concerns he felt the only remedy would be
to file an action in court, if necessary, to get that clarified
unless it could be clarified. His concerns dealt with the fact of
whether the E.I.R. covered extractions outside the 2,800 acres and
outside the Kern River Canal right-of-way. The E.I.R. does not
cover that particular area and there was no intent on the City's
part that it should cover it from the aspect that the Council would
look at any other extractions from an environmental analysis stand-
point. There would be an environmental analysis performed on extrac-
tions outside of that area, although the E.I.R. does speak of extrac-
tions to the groundwater basin. A letter has been prepared by legal
counsel for the Water Department that clarifies that position. It,
basically, does not change the E.I.R. It simply clarifies it so
they have an understanding and there is no necessity for them to
proceed to court to challenge the E.I.R. It is requested that the
Council authorize the Mayor to execute the letter to be sent to Mr.
Palmer, with copies to the appropriate parties.
Upon a motion by Councilman Barton, letter prepared by th.~
Water Department's legal counsel clarifying a position in regards
to the Environmental Impact Report for the City's 2,800 acre ground.-
water recharge basin, was approved and the Mayor was authorized to
execute same and forward to appropriate parties.
Bakersfield, California, September 28, 1983 - Page 14
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 959 to 1344,
inclusive, in the amount of $1,786,665.32.
(b)
Claim for Damages and Personal Injuries
from Edwin Frye, 10210 Rosedale Highway,
Bakersfield. (Refer to City Attorney)
c)
Claim for Damages and Personal Injuries
from Mary Ann Clayton, 2725 California
Avenue, Bakersfield. (Refer to City
Attorney)
d)
Claim for Damages from Percy and Lola
Billingsley, 807 "Q" Street, Bakersfield.
(Refer to City Attorney)
e)
Claim £or Damages from Kenneth Farnsworth,
6001 College Avenue, Bakersfield. (Refer
to City Attorney)
f)
Claim for Damages from Shaun Thomas Mee,
3501 Bryn Mawr Drive, Bakersfield. (R~fer
to City Attorney)
(g)
Claim for Damages from General Motors
Acceptance Corporation, 2323 Foothill
Drive, Salt Lake City, Utah. (Refer to
City Attorney)
(h)
Claim for Damages and Personal Injuries
from Jean Claudette Smith, 305 "F" Street,
Bakersfield. (Refer to City Attorney)
(i)
Landscape and Public Utilities Easements
from Tenneco Realty Development Corporation.
Landscaping easement required for Tract No.
4576, located south of District Boulevard
and west of Gosford Road. Public Utilities
Easement required by the Planning Commission
for Parcel Map No. 6790, located at the
southeast corner of Truxtun Avenue and
Mohawk Street.
(J)
Improvement Agreement, Road Easements,
Public Utilities Easement and Flowage and
Storm Drain Easements from Tenneco Realty
Development Corporation for Parcel Map
No. 6791, providing for construction of
improvements, widening of Truxtun Avenue
and Mohawk Street, dedication of Truxtun
Plaza West and Truxtun Plaza East, Public
Utilities and Flowage and Storm Drain
Easements, as required by the Planning
Commission for Parcel Map No. 6791,
located south of Truxtun Avenue, west of
Mohawk Street.
Bakersfield, California, September 28, 1983 - Page 15
(k)
(1)
(m)
(n)
(o)
(p)
(q)
(r)
Map of Tract No. 4618 and Improvement
Agreement with Barratt Northern Cali-
fornia, Inc., for construction of
improvements therein, located on the
north side of Fairview Road between
South "H" S~reet and South Union
Avenue.
Map of Tract No. 4624 and Improvement
Agreement with Highlands Real Estate
Corporation for constructio~ of improve-
ments there in, located north of Auburn
Street, west of LaCosta Street.
Map of Tract No. 4634 and Improvement
Agreement with Parkwest, a Limited
Partnership, c/o Penstar, General
Partner, for construction of improve-
ments therein, located on north side of
White Lane between Stine Road and Akers
Road; and Street Right-of-Way Deed from
Parkwest for dedication of Dovewood
Street between White Lane and Alum Avenue.
Notices of Completion and Acceptance of
Work on:
Modification of Traffic Signals at White
Lane and Wible Road, Contract No. 83-54
with Webb Electrical Corporation.
"F" Street Signal Modifications at 30th
and 18th to 23rd Streets, Contract No.
83-20 with Webb Electrical Corporation.
Application for Encroachment Permit from
Peter P. Mosesian, 7700 E1 Verrano Drive,
Bakersfield, for construction of 4 raised
brick planters, approximately 2 feet high,
located 3 feet behind curb on east side
of "K" Street north o£ 17th Street. The
Design Review Board recommended approval
at their meeting of September 6, 1983.
Application for Encroachment Permit from
Juan Ramirez, 2800 Eissler Street, Bakers-
field, for construction of a 38 inch high
masonry retaining wall/fence along the
south property line to back of sidewalk
and a 4 foot high open wrought iron fence
with masonry columns along back of side-
walk at 2800 Eissler Street.
Application for Encroachment Permit from
Adrianes Kranenburg, 7512 Wide Loop Road,
Bakersfield, for construction of a 6 foot
fence and 16 inch high retaining wall along
back of sidewalk on Setter Street at 600
North E1 Rio Drive.
Plans and Specifications for Parking Lot
at Saunders Park as required for construc-
tion of a new fire station.
Bakersfield, California, September 28, 1983 - Page 16
(d), (e),
(q), (r),
following
Ayes:
(s)
(t)
Plans and Specifications for repair work
on Secondary Digester at Wastewater Treat-
ment Plant No. 2.
Request by Motorola Communications and
Electronics for a 120-day extension of
time, from August 29, 1983, on Agreement
No. 83-120 for delivery of equipment.
Upon a motion by Councilman Means, Items (a), (b), (c),
(f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(s) and (t) of the Consent Calendar, were adopted by the
roll call vote:
Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Ratty, bid of Abate-A-Weed,
in the amount of $11,850, for Annual
tion, was accepted and the Mayor was
contract.
Upon a motion by
Contract for Chemical Applica-
authorized to execute the
Councilman Ratty, bid of Alcorn Fence,
in the amount of $9,700, for Metal Beam Guard Rail at various
locations, was accepted and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Christensen, usual bidding
requirements were dispensed with, in accordance with Section 3.20.060
of the Municipal Code, and the Finance Operations Manager was
authorized to negotiate a price with SICO Incorporated for Seven
Portable Stage Risings and Seven Enclosure Drapes for the Civic
Auditorium, not to exceed the budgeted amount of $12,500.
Upon a motion by Councilman Christensen, low bids of
Long Beach Iron Works (2 line items), in the amount of $91,120,
and Clow Corporation (4 line items), in the amount of $31,908.80,
for Fire Hydrants and Burys, were accepted and the other bid
rejected.
Bakersfield, California, September 28, 1983 - Page 17
Upon a motion by Councilman Payne, low bid of Hopper
Camera, in the amount of $6,245.14, for Camera Film Stock, was
accepted and all other bids rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 2875 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 on both sides of
Brentwood Drive, north of Niles Street
and making findings in connection with
a P.U.D. Zone.
The application for this amendment was made by L.A.B.
Development and would change subject properties from an R-1 (One
Family Dwelling) and R-2-D (Limited Multiple Family Dwelling -
Architectural Design) Zones to a P.U.D. (Planned Unit Development)
Zone, containing 173 units consisting of 5 one-story fourplex unitE:,
18 two-story eightplex units and 9 single family dwellings.
The Planning Commission recommended approval of this amend-
ment, subject to 20 additions to the plan.
Upon a motion by Councilman Rockoff, Negative Declaration
and Ordinance No. 2875 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 on both sides of Brentwood Drive, north
of Niles Street 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 Barton, Christensen, Means, Payne, Ratty,
Rockoff
Noes: None
Absent: None
Adoption of Ordinance No. 2876 New
Series of the Council of the City
of Bakersfield amending Section
17.06.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of
that certain property in the City of
Bakersfield commonly known as 4032
"O" Street and making findings in
connection with a P.U.D. Zone.
Bakersfield, California, September 28, 1983 - Page
The application for this amendment was made by Robert
King and would change subject property from a P.U.D. (Planned Unit
Development) Zone to a Revised P.U.D. (Planned Unit Development)
Zone, consisting of 43 two-bedroom townhouse units, 1 one-bedroom
handicapped unit and a recreation area with swimming pool.
The Planning Commission recommended approval of this
amendment, subject to 24 additions to the plan.
Upon a motion by Councilman Rockoff, Negative Declaration
and Ordinance No. 2876 New Series of the Council of the City of
Bakersfield amending Section 17.06.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of that certain property in the
City of Bakersfield commonly known as 4032 "O" Street 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 Barton, Christensen, Means, Payne, Ratty,
Rockoff
Noes: None
Absent: None
Adoption of Ordinance No. 2877 New
Series of the Council of the City of
Bakersfield amending Section 17.22.020
B. and adding Chapter 17.69 to the
Bakersfield Municipal Code relative to
Adult Entertainment Establishments.
Upon a motion by Councilman Barton, Ordinance No. 2877
New Series of the Council of the City of Bakersfield amending
Section 17.22.020 B. and adding Chapter 17.69 to the Bakersfield
Municipal Code relative to Adult Entertainment Establishments, was
adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff
Noes: None
Absent: None
Bakersfield, California, September 28, 1983 - Page 19
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title Seventeen of the
Municipal Code by changing the Land
Use Zoning of those certain properties
in the City of bakersfield located on
theeast side of Stine Road, 800 feet
south of Harris Road.
The application for this amendment was made by Sami C.
Srour and would change subject properties from an "A" (AgriculturaL)
Zone to an R-1 (One Family Dwelling) Zone.
The Planning Commission recommended approva~ of this amend-
ment.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Title Seventeen of the
Municipal Code by changing the Land Use Zoning of those certain
properties in the City of Bakersfield located on the east side of
Stine Road, 800 feet south of Harris Road.
Approval of Lease Agreement between
the City of Bakersfield and Milton
Younger and Curtis Darling for lease
of certain real property containing
a parking structure, which includes
two hundred fifty-six parking spaces
located at "K" and 17th Streets.
This lease agreement will allow the purchasers of the
garage to operate the garage and construct the additional floor
now, rather than waiting until the sale is completed.
Upon a motion by Councilman Christensen, Lease Agreement
between the City of Bakersfield and Milton Younger and Curtis DArliag
£or lease of certain real property containing a parking structure,
which includes two hundred fifty-six parking spaces located at "K"
and 17th Streets, was approved and the Mayor was authorized to execute
same.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Ordinance No. 2848, New
Series, to correct boundary descrip-
tion of property rezoned thereby.
Bakersfield, California, September 28, 1983 - Page 20
This ordinance amends the legal description of a prior
ordinance rezoning property at the northwest corner o£ White Lane
and Wible Road. As the revised description is consistent with
the map used in the rezoning proceedings and the record of those
proceedings demonstrates that the revised description accurately
reflects the rezoning action taken, this ordinance may be adopted
without referral to the Planning Commission or hearing.
First reading was considered given an Ordinance of the
Council of the City of
New Series, to correct
thereby.
This is the time
Uakersfield amending Ordinance No. 2848,
boundary description of property rezoned
HEARINGS
set for hearing before the Council on
an Appeal by John A. Goldsborough, Remuda Corporation, to the
decision of the Planning Commission denying their request for a
Special Sign Permit for a roof sign and recommendation that the
monument sign be permitted with a maximum height of six feet no
less than fifteen feet from the flow line, on that certain prop-
erty commonly known as 4104 California Avenue.
Existing freestanding identification and monument signs
for the shopping center development exceed the number and area
allowed by ordinance.
Luthers is a part of the shopping center, therefore, the
requested monument sign requires a Special Permit.
The Planning Commission granted the monument sign with
excessive area (37½%), but determined that the height of the sign
should be lowered to six feet to reduce the visual impact of the
excessive area.
Roof Signs are prohibited by ordinance and all existing
roof signs are to be removed by July 14, 1986. The ordinance allows
the Planning Commission to grant a Special Permit for a roof sign
if there is a lack of sufficient alternative sign locations, but
not in addition to a freestanding or monument sign. The Planning
Bakersfield,
California,
September 28, 1983 -
Page 21
Commission determined there exists sufficient
locations, and freestanding or monument sign.
application for the roof sign was denied.
alternative sign
Therefore, the
Mayor Shell declared the hearing open for public partici--
pation.
Mr.
Mike Rathbun,
Mr.
John A. Goldsborough, Remuda Corporation, stated Mr.
Ad Art Sign Company would speak on his behalf.
Rathbun, Ad Art Sign Company, stated they feel a 6
foot sign is a little low, because of the traffic on California
Avenue and it is very hard to see a 6 foot sign. They are surrounded
by 8 foot signs and it is not a detriment to the beauty of the City.
Some of the signs are not 8 foot tall, but are on mounds. They
are on a flat parcel of property and the ground next to the side-
walk is level with the sidewalk. Most of the surrounding signs are
8 or 9 feet tall from the sidewalk level and they feel they should
be granted an 8 foot sign also. The roof on this building was built
lower than normal to give a rustic old-time effect and they would
request permission to erect a roof sign half of the previously
requested size, which will contain the corporation logo. Mr. Rath-
bun presented the Council with pictures of the building being con-
structed on California Avenue.
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.
In answer to a question by Councilman Ratty, Mr. Rathbun
stated they were originally granted a large 6' x 3' sign on the face
of the building, but they would rather have one half that size on
the roof line, in lieu of the one shown on the building.
Councilman Ratty made a motion to uphold the decision of
the Planning Commission and deny the request of John A. Goldsborough,
Remuda Corporation, for a Special Sign Permit for a roof sign on
property commonly known as 4104 California Avenue.
Bakersfield, California, September 28, 1983 - Page 22
Mr. Goldsborough stated the Planning Commission told him
he has two roof lines, with the balcony and roof. The sign now
being proposed will not protrude over the top roof line. It will
be mounted adjacent to the canopy of the building.
Councilman Ratty's motion to uphold the decision of the
Planning Commission and deny the request of John A. Goldsborough,
Remuda Corporation, for a Special Sign Permit for a roof sign on
property commonly known as 4104 California Avenue, carried by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Barton, Christensen, Means,
Rockoff
Payne, Ratty,
None
None
Assistant Planning Director Hardisty stated the Planning
Barton, Christensen, Means, Payne, Ratty,
Rockoff
Noes: None
Absent: None
Commission acknowledges that the neighboring sign, although 8 feet
high, has a rounded shape. The Planning Commission takes into con-
sideration the height, width, bulk and location of all monument
signs that are propsed for Special Sign Permits. In this case,
they felt by granting the additional size that the height should be
limited to 6 feet to mitigate the impact it might have as an imposing
structure near the roadway or parking area.
After discussion, upon a motion by Councilman Ratty,
decision of the Planning Commission recommending that the monument
sign be permitted with a maximum height of six feet no less than
fifteen feet from the flow line, on that certain property commonly
known as 4104 California Avenue was upheld, by the following roll
call vote:
Ayes: Councilmen
Bakersfield, California, September 28, 1983 - Page 23
Councilman Means stated the Budget Review and Finance
Committee met with several members of the Planning Commission and
they expressed concern about the Council overturning their decisions
and not knowing the reasons. That will always be the case, because
when items are appealed to the Council the final decision rests with
the Council. On the other hand, it would go a long way in improving
communications with the Planning Commission if a representative wa~
invited to attend the Council Meetings to be available to explain
their discussion and motions. It would go a long way in letting
them know the Council relys heavily on what they say, although the
Council may not always agree with them.
Upon a motion by Councilman Means, staff was requested
to formally invite one or more members of the Planning Commission to
attend relevant Council
motions.
Meetings to explain their discussions and
CLOSED SESSION
Upon a motion by Councilman Christensen, the Council
recessed to a Closed Session at 8:40 P.M., to discuss Litigation.
The regular meeting was reconvened at 9:09 P.M.
ADJOURNMENT
There being no further business to come before the Council,
upon a motion by Councilman Christensen, the meeting was adjourned at
9:10 P.M.
ATTEST:
City oi~Bakersfield,
Calif.
CIT ~x Offici~ Clerk of the Council
of the City of Bakersfield, California
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