HomeMy WebLinkAbout0CT - DEC 1983Bakersfield, California, October 12, 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., October 12, 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 Christensen, Means, Payne,
Ratty, Rockoff, Barton
Absent: None
Minutes of the regular meeting of
were approved as presented.
September 14, 1983,
SCHEDULED PUBLIC STATEMENTS
Martha Walters, 3301 Dwight Street, requested that
future be set, beyond the joint public hearing set
Mrs.
a date in the
for October 18, 1983, on the proposed Truxtun Galleria Project,
to reflect on and study facts and information that may be presented
at that joint public hearing. Matters of this magnitude cannot be
resolved in one hearing or meeting. Mrs. Walters felt the entire
Council has a conflict of interest because it is not humanly possible
for busy professionals to have a dual role as an elected official
and member of the Redevelopment Agency, and, simultaneousl~ be expected
to, comprehensively, study all aspects of what should be an objective
viewpoint. She believes the City could get along without the
Redevelopment Agency, as it now exists, and it must be very dif£icult
for the Council to disengage themselves from either role to conduct
the business of the other, particularly, to give the needed time to
make responsible decisions affecting either or both. The Council
and Mayor are elected officials and she would like to be assured
that their responsibility to the electorate is first priority.
Councilman Rockoff stated what Mrs. Walters said is
important. The Council should give the Truxtun Galleria Project
their undivided attention. The Council and Redevelopment Agency,
Bakersfield, California, October 12, 1983 - Page 2
at the public hearing, will have an opportunity to decide whether
or not they wish to continue the matter to a future meeting for
final discussion and deliberation. This is not the appropriate
time to set a date after the public hearing. It will be appropriate
to make that decision at the public hearing.
Councilman Ratty stated before Mr. Dickerson speaks that
he hopes what he has to offer is not a political statement, because
this is not a forum for campaign speeches.
Mr. Mark Dickerson, 5404 Krista Street, stated he is
trying to resolve a political issue before it becomes a political
football and that is why he is present tonight. He would like to
see all of the Council Standing Committee meetings open to the
public, minutes taken and published. He feels closed meetings are
not an ideal setting for the Council to receive input and gather
information. The best possible way is in the public realm, so the
press and public can see what is coming to the Council for decision.
Mr. Dickerson requested that the Council vote to open all Standing
Committee meetings to the public.
Councilman Payne stated Mr. Dickerson is correct, when he
was running for the office of Councilman of the 6th Ward he campaigned
to open Council Standing Committee meetings to the public. The
first two years he was in office he attempted to adhere to that,
however, the workload increased from 20 to 40 hours per week and
decisions, instead of being rendered within 2 to 4 weeks, went on
for up to a year. The Council did not really receive input, they
received argumentative stances in many cases. It weakened the
ability of the Council to accomplish anything constructive. Council[-
man Payne stated he has explained to Mr. Dickerson before that he
is Chairman of the Governmental Efficiency and Personnel Committee
and there are many matters that come before that Committee related
to personnel that cannot be discussed in public. On any occasion,
when personnel matters or pending litigation are not being discussed,
Bakersfield, California, October 12, 1983 - Page 3
the public can attend the meeting by making a request, and that
has been applied to every Council Standing Committee meeting time
and time again. Mr. Dickerson has failed to avail himself of that
opportunity, until he decided it could become a campaign issue.
In answer to a question by Mayor Shell, City Attorney
Oberholzer stated there is a State law that applies to local
jurisdictions, the Brown Act. It does not apply to State legis-
lative bodies. They can hold closed meetings without the same
constraints as local legislative bodies. Local legislative bodies
must comply with State law. The State law allows unannounced or
closed meetings by less than a quorum. The Council has availed
themselves of those procedures specified by State law. It is a
legal procedure that the City follows.
Mr. Dickerson requested that the Council set a policy on
public attendance at Council Standing Committee meetings.
Councilman Ratty stated this matter has been discussed
on the Council floor numerous times and the Council does abide by
State law. The Chairman of a committee can open the meeting to
the public if he so desires.
CORRESPONDENCE
Upon a motion by Councilman Rockoff, communication from
Dennis W. DeWalt, Consulting Civil Engineer, on behalf of Atlantic
Richfield Company, dated September 30, 1983, requesting a General
Plan Amendment for property bounded on the south by Pacheco Road,
on the east by South "H" Street, on the west by Hughes Lane and on
the northwest by the southerly right-of-way line of the Southern
Pacific Railroad, containing approximately 127.3 acres of land,
was received and referred to the Planning Commission for study and
recommendation.
Upon a motion by Councilman Christensen,
from Kern High School District, dated September 30,
a Notice of Availability and Option to Purchase certain School
District land, was received and ordered placed on file.
communication
1983, submitting
Bakersfield, California, October 12, 1983 - Page 4
Upon a motion by Councilman Barton, communication from
Rosedale Union School District, dated October 6, 1983, requesting
adoption of an ordinance, in compliance with Senate Bill 201,
requiring dedication of land or fees, or both, by subdividers and
builders whose new housing developments are causing overcrowding
in existing school facilities and will impact an area in the Rose-
dale Union School District located south of Stockdale ttighway
between Renfro and Allen Roads, was received, referred to the
Budget Review and Finance Committee and the Committee was requested
to consider other School Districts at the same time.
COUNCIL STATEMENTS
Upon a motion by Councilman Rockoff, communication he
received from Charles Tingey Associates, Inc., dated August 10,
1983, requesting a traffic change at the intersection of Truxtun
Avenue and Mohawk Street, was received and referred to the Budget
Review and Finance Committee for study and reconm~endation.
Councilman Ratty stated at the Annual League of California
Cities Meeting he talked to a person representing the company who
furnishes the City's street sweepers. They furnished a prototype
model that was used in Bakersfield and several were used in New
York to see how they operated. The New York model lasted approxi-
mately 500 hours and the City's was still operating after 1,500
hours. This gentleman stated the City of Bakersfield's maintenance
is fantastic and the machine will perform well if handled adequately.
Councilman Ratty stated he felt this was a compliment to the Public
Works Department's Equipment Division and shows how they protect
the taxpayer's investment.
Upon a motion by Councilman Means, the issue of setting
guidelines on what can and cannot be discussed publicly after a
Closed Session, was referred to the Governmental Efficiency and
Personnel Committee to meet with the City Attorney and come back
to the Council with recommendations.
Bakersfield, California, October 12, 1983 - Page 5
REPORTS
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 21-83 regarding Sale of
City Owned Property on Brundage Lane at Mr. Vernon Avenue, as
follows:
Recently, this Committee discussed the selling
of certain property owned by the City between
the 58 Freeway right-of-way and Brundage Lane,
east of Mt. Vernon Avenue.
In December, 1982, at the request of staff, this
Committee recommended the subject property be
considered for possible development or sale.
Staff was directed to explore the various
avenues open for better utilization of this
land, either through development or as part of
the larger economic development plan for the
southeast portion of the City.
From time to time, a number of organizations
have submitted requests to the City asking for
consideration of sale or use of the subject
property. Among the requests was a proposal
from a potential user of the land for industrial
purposes. Inasmuch as this Committee felt that
the primary purpose for considering this type
of activity is providing jobs, we asked staff
to consider only those proposals that would
create a labor intensive use of the property
and would provide for significant improvements
to the land.
With the preceding as the basic criteria, in
June, 1983, the City Council rejected all pro-
posals except a proposal being investigated by
the City for a manufacturing facility. Pursuant
to Council action, staff has been working with
Westminster Ceramics, from Orange County, in an
effort to negotiate and arrive at acceptable
terms and conditions for the sale and use of
the property.
Subsequent to the negotiations, we have met
with staff to review and discuss the proposed
terms of the sale. The general terms are as
follows:
Approximately 15 acres of property to be
sold to Westminster Ceramics at the
appraised value. Payment to be on terms
and at an interest rate acceptable to the
City and Westminster Ceramics.
Community Development Block Grant Funds to
be used to finance on- and off-site improve-
ments, including providing the site with
the necessary water supply requirements.
Bakersfield,
California,
October 12,
1983 - Page 6
City will loan Westminster Ceramics the
Federal "Jobs Bill" money (approximately
$500,000), at an interest rate and terms
acceptable to the City, Westminster Ceramics,
and HUD.
If Westminster Ceramics desires to obtain
additional financing through an SBA loan,
the combined interest rate of the SBA loan
and City loan will be equivalent to a rate
of an Industrial Development Bond. How-
ever, at this time the management of
Westminster Ceramics does not feel an SBA
loan will be necessary.
The Board of Directors of Westminster Ceramics
has recently approved the above terms in
principle.
This Committee noted Westminster Ceramics
currently has approximately 65 employees and
anticipates as many as 200 employees at the
proposed facility when fully developed. We
further noted the employees are made up of
approximately 95% nonskilled. As such, this
labor intensive facility fits into the City's
program of revitalization for the Lakeview and
Southeast Bakersfield areas. Therefore, we
recommend the City Council approve, in principle,
the above-stated terms and direct the City
Attorney to prepare the appropriate documents
for approval by Westminster Ceramics and the
City Council.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 21-83 regarding Sale of City Owned
Property on Brundage Lane at Mr. Vernon Avenue, was accepted; the
terms as stated in the report, were approved in principle; and the
City Attorney was directed to prepare the appropriate documents
for approval by Westminster Ceramics and City Council.
Upon a motion by Councilman Barton, City owned property
on Brundage Lane at Mr. Vernon Avenue was declared surplus, by the
following roll call vote:
Ayes:
Councilmen Christensen, ~eans, Payne, Ratty, Rockoff,
Barton
Noes: None
Absent: None
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 27-83 regarding Report on Data
Processing Department, as follows:
Bakersfield, California, October 12, 1983 - Page ?
In addition to awarding the contract for the
annual audit of the City's accounting records,
the City Council authorized Bailey, Ruppel &
Nunneley to proceed with preliminary work
necessary to prepare a proposal with regards
to evaluating the City's computer hardware and
so£tware.
In general, the report was to address the
following:
Assess the performance on the contract
between CR~C (software contractor), and
the City of Bakersfield.
2. Assess the current status of data processing.
3. Evaluate the expansion capabilities of the
present hardware.
On September 7, 1983, the audit firm submitted
its report and findings to this Committee.
Subsequent to receiving and discussing the report
with the auditors, we met with City staff to
review the report's contents and recommendations.
In summary, we were pleased to note CRMC
delivered the software which was purchased by
the City. Although completion of the software
applications fell behind schedule and in many
cases have been modified and enhancements made
by City personnel, the software is currently
operating in a satisfactory manner. Additionally,
we noted the present hardware is capable and
has the capacity to perform the functions and
tasks presently expected as well as having the
expansion capabilities for future needs.
The auditors' report suggested the £ormation
of a policy committee. We were advised by City
staff that a Data Processing Policy Committee
exists and is made up of:
Assistant City Manager/Finance
Information Systems Manager
Public Works Director
Chief of Police
Director of Fire and Development Services
Finance Operations Manager.
We believe the policy committee should proceed
with formalizing a data processing plan to
serve and prioritize the information needs of
all the departments in the City. We further
recommend the City Council direct the policy
committee to make quarterly progress and
status reports to the Governmental Efficiency
and Personnel Committee.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 27-83 regarding Report on Data Pro-
cessing Department, was accepted; the Data Processing Policy
Bakersfield, California, October 12, 1983 - Page 8
Committee was directed to proceed with formalizing a Data Pro-
cessing Plan to serve and prioritize the information needs of all
City departments and make quarterly progress and status reports
to the Governmental Efficiency and Personnel Committee.
City Attorney Oberholzer reported that last week Kern
County Superior Court informed the City they were completely out
of courtrooms and, although it is the responsibility of the Board
of Supervisors, they have been unable to locate a place for
Superior Court. Commencing last Monday a jury trial has been
held in the Council Chambers on an interim basis. Even though it
had not been approved by the Council, they were allowed to use the
Council Chambers, when not being used by the Council or other City
functions, because it was felt it was a service the City could
provide the community and court system. It would be appropriate,
at this time, to request the Council to concur in the use of the
Council Chambers by Superior Court on an interim basis and also
request the Council to consider authorizing staff to provide them
with a schedule and possibly provide facilities on a rental basis
in another building owned by the City.
Councilman Rockoff stated he is very pleased to hear of
this cooperative effort between the City and County, and felt the
Council should do everything necessary to implement the City
Attorney's recommendation, as long as it does not interfere with
the efficiency of City operations.
Councilman Payne stated it is a constructive use of a
government facility and the Kern County taxpayer's money. He
agrees with Councilman Rockoff and hopes this type of cooperative
effort continues.
City Attorney Oberholzer stated the court indicated they
would be willing to contribute to the cost of electricity, main-
tenance, etc., if they are going to be using the Council Chambers
more often than originally anticipated.
400
Bakersfield, California, October 12, 1983 - Page 9
Councilman Barton stated he could support the use of the
Council Chambers or other facilities on the basis that it does not
interfere with City government. If there are going to be ongoing
expenses then the Council should discuss a rental fee, etc.
Upon a motion by Councilman Barton the Council supported
the use of the Council Chambers, on an interim basis, by Superior
Court as long as it does not interfere with City operations and
staff was authorized to discuss with the County the use of other
City properties for use by Superior Court.
Councilman Means stated he read an article in the news-
paper regarding the County discussion on their need for space and
whether or not to lease space in the proposed Truxtun Galleria
Project. The Council has not discussed whether or not to approve
the Truxtun Galleria Project, continue the hearing, etc., and its'
approval is not a foregone conclusion.
important project for the downtown area.
Board of Supervisors to lease expensive
not needed. However, it has turned out
Clearly, it is a very
He would not expect the
space nor lease if it is
that the space will not
be expensive and from their own estimate they need approximately
140,000 square feet of space. It seems as if they feel pressured
to save the downtown and are reacting by going in the other
direction. He feels that is inappropriate and hopes they see
downtown as the City's responsibility, however, it is the largest
City in the County and there should be a spirit of cooperation.
If they have a need and the deal is good, he hopes they will go a
little overboard and become involved in the project. Councilman
Means asked if the Board of Supervisors are going to discuss this
matter next Monday.
City Manager Kelmar stated he is not sure, because he
understands Supervisor Mitchell will not be present and they may
hold off until he can be present.
Upon a motion by Councilman Means, the Mayor was authorized
to attend the Board of Supervisors meeting when this matter will be
Bakersfield, California, October 12, 1983 - Page 10
discussed to represent the City's desire to promote cooperation.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1345 to 1534,
inclusive, in the amount of $694,992.68.
(b)
Claim for Damages and Personal Injuries
from JoAnne Harris, 1000 Pacheco Road,
Apt. 117, Bakersfield. (Refer to City
Attorney)
(c)
Claim for Damages from Pacific Gas and
Electric Company, 1918 "H" Street,
Bakersfield. (Refer to City Attorney)
(d)
Claim for Damages and Personal Injuries
from Sharon Menashe, 2108 St. Clair, Simi
Valley, California. (Refer to City
Attorney)
(e)
Claim for Damages from Vonya Woods, 27478
County Glen Road, Agoura, California.
(Refer to City Attorney)
(f)
Claim for Damages from Charles Drew, 14360
Vose Street, Apt. #114, Van Nuys, California.
(Refer to City Attorney)
(g)
Claim for Damages from Red Lobster Inn,
c/o Robinson, Palmer & Stanton, Attorneys
at Law, 1326 "H" Street, Bakersfield.
(Refer to City Attorney)
(h)
Claim for Damages from Diana Marie
Timmons, 6709 Caswe11, Bakersfield.
(Refer to City Attorney)
(i)
Claim for Implied and Comparative Indemnity
from Tenneco West, Inc., and Tenneco Realty
Development, c/o Clifford, Jenkins & Brown,
Attorneys, 1605 "G" Street, Bakersfield.
(Refer to City Attorney)
(J)
Claim for Damages from Marjorie C. Griffith,
8535 Kern Canyon Road, Space 60, Bakers-
field. (Refer to City Attorney)
(k)
Claim for Damages from Eugene Livio Palla
and Palla Rosa Farms, c/o Robinson, Palmer
& Stanton, Attorneys at Law, 1326 "H"
Street, Bakersfield. (Refer to City
Attorney)
(i)
Claim for Damages from Darold L. Young,
7504 Pembroke Avenue, Bakersfield. (Refer
to City Attorney)
(m)
Claim for Damages from Esther M. Lozano,
3325 Elm Street, Bakersfield. (Refer to
City Attorney)
Bakersfield, California, October 12, 1983 - Page ll
(n)
(o)
Grant of Easement £rom Tenneco Realty
Development Corporation for water pipe-
lines, as required by the Planning Com-
mission for Parcel Map No. 6791, located
on south side of Truxtun Avenue and west
side of Mohawk Street.
Improvement Agreement for Parcel Map No.
5944 with Villa-Loma Development for
construction of improvements therein,
located south of State Highway 178 on
east side of Fairfax Road; and Street
Right-of-Way Deed from Saroyan Develop-
ment Company and Rolling Woods Condominium
providing additional right-of-way on
Fairfax Road required for Parcel Map No.
5944.
(p) Notices of Completion and Acceptance of
Work on:
(q)
(r)
(s)
(t)
(u)
Adjustment of Tailwater Pump Station Nos.
9, 11 and 12, Contract No. 83-129 with
J. L. Myers Company.
Bakersfield Senior Citizens Center,
Contract No. 82-216 with Jerry McLaughlin.
Tract No. 4472, Contract No. 83-33 with
Tenneco Realty Development Corporation,
located at Ming Avenue and Haggin Oaks
Drive.
Parcel Map No. 5339, Contract No. 79-109
with Mrs. Sara Adler, located at Oswell
and Bernard Streets.
Application for Encroachment Permit from
Stephen & Rebecca Hawthorne, 4500 San
Miguel Way, Bakersfield, for construction
of a 6 foot high wood fence on side yard
of Sunview Street, at 4500 San Miguel Way,
behind existing sidewalk.
Application for Encroachment Permit from
Rodney Welch, 4501 Siam Court, Bakersfield,
for construction of a 3 foot high open
pattern wrought iron fence behind sidewalk
on Calcutta Street and Siam Court, at 4501
Siam Court.
Application for Encroachment Permit from
Goldie Thompson-Loveland, 2517 Alder Street,
Bakersfield, for construction of a 6 foot
high wood fence along side yard behind
sidewalk on 6th Street, at 631 Eye Street.
DELETED
Plans and Specifications for construction
of Fire Station No. 3, located at Saunders
Park.
Bakersfield, California, October 12, 1983 - Page
403
(v)
Consent to Common Use Agreement with
Pacific Gas and Electric Company for the
Pacheco Greenbelt Storm Drain.
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e),
(q), (r),
by the following roll call vote
Ayes: Councilmen Christensen
Barton
Noes: None
Absent: None
(f) (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(s) (u) and (v) of the Consent Calendar, were adopted
Means, Payne, Ratty, Rockoff,
Upon
ACTION ON BIDS
a motion by Councilman Payne,
low bid of Three-Way
Chevrolet, in the amount of $6,981.58, for Lightweight Pickup
Truck for Building Department, was accepted and alI other bids
rejected.
Upon a motion by Councilman Payne, usual bidding require-
ments were dispensed with, in accordance with Section 3.20.060 of
the Municipal Code, and the Finance Operations Manager was authorized
to negotiate a price for Seven Used Cars for Undercover Work (two
for Fire Department and five for Police Department), not to exceed
the budgeted amount of $70,000.
Upon a motion by Councilman Barton, low bid of Kern Delta
Equipment Company, in the amount of $33,750, for Annual Contract
for Operated Drag Line for the Water Resources Department, was
accepted, the other bid rejected and the Mayor was authorized to
execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2878 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 east side
of Stine Road, 800 feet south of
Harris Road.
404
Bakersfield, California, October 12, 1983 - Page 13
The
Srour 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.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2878 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 east side of Stine Road,
800 feet south of Harris 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. 2879 New
Series of the Council of the City of
Bakersfield amending Ordinance No.
2848, New Series, to correct boundary
description of property rezoned
thereby.
This ordinance amends the legal description of a prior
ordinance rezoning property at the northwest corner of White Lane
and Wible Road.
Upon a motion by Councilman Payne, Ordinance No. 2879
New Series of the Council of the City of Bakersfield amending
Ordinance No. 2848, New Series, to correct boundary description of
property rezoned thereby, was adopted by the following roll call
vote:
Ayes:
Noes:
Absent:
Abstaining:
application for this amendment was made by Sami C.
(Agricultural
Ratty, Rockoff, Barton
Councilmen Means, Payne,
None
None
Councilman Christensen
Bakersfield, California, October 12, 1983 - Page 14
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 the north side of College
Avenue, 800 feet east of Fairfax Road;
and making findings in connection
with a P.U.D. Zone.
The application for this amendment was made by James L.
Holloway 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, consisting of 79 duplex structures containing a total of 158
single family dwelling units.
The Planning Commission recommended approva~ of this
amendment, subject to 9 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 27 of the Municipal Code changing the Land Use Zoning of
those certain properties in the City of Bakersfield located on the
north side of College Avenue, 800 feet east of Fairfax Road; and
making findings in connection with a P.U.D. Zone.
Approval of Agreement between the
City of Bakersfield and Quad Con-
sultants for preparation of a Draft
and Final Environmental Impact Report
on the Pavilion Project - a proposed
commercial development ~ocated on the
west side of Manor Street, south of
the Kern River requiring a General
Plan Amendment.
Quad Consultants prepared an Environmental Impact Report
for a 60-unit housing project on subject property in 1981.
Quad has estimated the cost to revise the E.I.R. for the
Pavilion Project, not to exceed $12,000. The developer has provided
assurances that they will pay for all costs up to $12,000, incurred
by the consultant in the preparation of the E.I.R. An initial
Bakersfield, California, October 12, 1983 - Page 15
deposit of $8,000 has been received and placed into the City's
E.I.R. Account.
The Planning staff will be responsible for keeping track
of the account and requiring additional funds from the developer,
as required.
Upon a motion by Councilman Rockoff, Agreement between
the City of Bakersfield and Quad Consultants for preparation of a
Draft and Final Environmental Impact Report on the Pavilion Project -
a proposed commercial development located on the west side of Manor'
Street, south of the Kern River requiring a General Plan Amendment,
was approved and the Mayor was authorized to execute same.
Adoption of Emergency Ordinance No.
2880 New Series of the Council of the
City of Bakersfield amending Sections
8.32.030 A.1., B., C.l., D., Section
8.32.040, and Section 8.32.050 relative
to Refuse Collection Charges.
This Emergency Ordinance reduces, by one-half, the
Refuse Collection Charges previously established by Emergency
Ordinance No. 2863 New Series, retroactive to September 1, 1983.
Such reduction is warranted, because since adoption of Emergency
Ordinance No. 2863 New Series, the City has been assured of
receipt of additional revenue from the State of California.
Upon a motion by Councilman Barton, Emergency Ordinance
No. 2880 New Series of the Council of the City of Bakersfield
amending Sections 8.32.030 A.1., B., C.l., D., Section 8.32.040,
and Section 8.32.050 relative to Refuse Collection Charges, was
adopted by the following roll
Ayes: Councilmen
Noes:
Absent:
call vote:
Christensen, Means, Payne,
Barton
Ratty, Rockoff,
None
None
ADJOURNMENT
There being no further business to come before the
!07
Bakersfield, California, October 12, lg83 - Page 16
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 8:00 P.M.
ATTEST:
MAYOR of~ City of Bakersfield,
~'i~ ~-~
CITY CLE d ~ Officio Clerk of the Council
of the City of Bakersfield, California
ma
Calif.
4O8
Bakersfield, California, October 18, 1983
Minutes of a Joint Public Hearing of the Council of the
City of Bakersfield and the Bakersfield Redevelopment Agency, held
in the Council Chambers of City Hall at 7:00 P.M., October 18,
1983, regarding a Disposition and Development Agreement on the
proposed sale of certain real property in the Downtown Bakersfield
Redevelopment Project Area by the Redevelopment Agency to the
Moreland Corporation (Developer), for development and construction
by the Developer of the Truxtun Galleria Office/Retail Complex,
bounded by Truxtun Avenue on the south, Chester Avenue on the east,
17th Street on the north and "H" Street on the west, excluding the
north half of Block 285 on which the California Republic Bank and
adjacent parking structure are located.
The meeting was called to order by Mayor Shell and Agency
Chairman Barton, followed by the Pledge of Allegiance and Invocation
by Mayor Shell.
The City Clerk called the roll of the Council, as follows:
Present: Mayor Shell. Councilmen Means, Payne, Rockoff, Barton
Absent: Councilmen Ratty, Christensen
The City Clerk called the roll of the Agency, as follows:
Present: Agency Members Barton, Means, Payne, Rockoff
Absent: Agency Members Christensen, Ratty
STAFF REPORTS
City Manager and Executive Director of the Redevelopment
Agency Kelmar reported that a few weeks ago he indicated that there
was some interest on the part of a Developer to remove and rehabili-
tate the Hall of Records Building. There have been concerns ex-
pressed regarding the historical significance of that building by
certain segments of the community. He met with Mr.
times and it has been agreed, in principle, on the
action. Mr. Gannon plans to move and rehabilitate,
exterior, of the Hall of Records Building to the same status it
was many years ago. If the Development Agreement is favorably
acted on this evening the City Attorney's Office will be directed
Gannon several
terms for that trans-
at least the
Bakersfield, California, October 18, 1983 - Page 2
to prepare the necessary documents to bring back to the Council
and Redevelopment Agency for consideration.
In answer to a question by Mayor Shell, City Manager and
Executive Director of the Redevelopment Agency Kelmar stated the
Hall of Records Building will be moved to a downtown site.
Mr. David Beatty, Consulting Attorney for the Redevelop-
ment Agency, reported that the following technical changes will be
made to the Disposition and Development Agreement between the
Redevelopment Agency and Moreland Corporation:
Page 6 - First paragraph:
Presently states In accordance with and
subject to all the terms, covenants and condi-
tions of this Agreement, the Agency agrees to
sell, and the Redeveloper agrees to purchase
and develop, Parcels A and B of the Site for
the sum of ONE DOLLAR ($1.00) (the "Parcel A
and B Disposition Price"), however the Agency
shall retain the air rights over Parcel B in
order to construct additional parking as
specified in this Agreement.
Corrected to state In accordance with and
subject to all the terms, covenants and condi-
tions of this Agreement, the Agency agrees to
sell, and the Redeveloper agrees to purchase
and develop, Parcels A and B of the Site for
the sum of ONE DOLLAR ($1.00) (the'~arcel A
and B Disposition Price"), however the Agency
shall retain all the air rights over the parking
structure to be built on Parcel B prior to the
conveyance of Parcel C.
Page 6 - Second paragraph:
Comma deleted after the wording ONE DOLLAR
($1.00),.
Correction of typographical error in the word
specified.
Page 32 - Paragraph (c):
Insert the word o~r after the word Agreement.
Page 33 - First full paragraph:
First sentence presently states - In the event
of termination under subdivisions (a), (b), (d),
(e), (f) or (i) of this Section, the Deposit
may be retained by the Agency as liquidated
damages and as its property without any deduction,
offset or recoupment whatsoever.
Bakersfield,
California,
October 18,
1983 - Page 3
Corrected to state - In the event of termination
under subdivisions (a), (b), (d), (e) or (f)
of this Section, the Deposit may be retained
by the Agency as liquidated damages and as its
property without any deduction, offset or
recoupment whatsoever.
Mr. Beatty stated the correction to Page 33 clarifies
an ambiguity. If the Agency does not sell the Parking Bonds and
the development cannot go forward the Developer will get the
"good faith deposit" back, because it is not his fault.
Attachment No. i - Site Plan:
Insert a new Site Plan, which clearly deletes
from the parcel to be acquired by the Agency
and conveyed to the Developer the parking
ramp owned by California Republic Bank.
Mr. Beatty stated this is the way it was intended and
so states in the agreement. In most of the maps it is clearly
identified as land that will not be acquired by the Agency. It
is still part of the project, but it is not land to be acquired
by the Agency and conveyed to the Developer.
Attachment No. 3 - Schedule of Performance:
No. 9 - Fill in blank space to read "Within
180 days after execution of this Agreement
by the Agency.
Attachment No. 5, Page 3 - Method of Financing -
Section B. - Sale to Tax-Exempt Entity - Second
Paragraph:
Presently states - Prior to the conveyance of
property on Parcels A, B or C to a tax-exempt
entity after the Redeveloper receives a Certi-
ficate of Completion, the Redeveloper shall
notify the Agency which shall determine whether
the conveyance will reduce the property taxes
to be received from the Site. If the Agency
determines the property taxes will be reduced,
the Agency shall also determine whether the
remaining property taxes to be received after
the reduction are sufficient to pay the Agency's
debt service. If the Agency determines that
the remaining property taxes are insufficient
to pay the Agency's debt service, the Redeveloper
shall, prior to the conveyance, either (a) make
payments to the Agency in a sufficient amount
to reduce the outstanding debt so that the
property taxes received by the Agency are
sufficient to pay the reduced debt service or
(b) in a manner approved by the Agency assure
that the purchaser will pay the lesser of
either the property taxes which would be paid
Bakersfield, California, October 18, 1983 - Page 4
by an owner which was not tax-exempt or an
amount sufficient to enable the Agency to pay
its debt service.
Corrected to state - Prior to the conveyance
of property on Parcels A, B or C to a tax-
exempt entity the Redeveloper shall notify the
Agency which shall determine whether the con-
veyance will reduce the property taxes to be
received from the Site. If the Agency deter-
mines the property taxes will be reduced, the
Agency shall also determine whether the
remaining property taxes to be received after
the reduction are sufficient to pay the Agency's
debt service. If the Agency determines that
the remaining property taxes are insufficient
to pay the Agency's debt service, the Redeveloper
shall, prior to the conveyance, either (a) make
payments to the Agency in a sufficient amount
to reduce the outstanding debt so that the
property taxes received by the Agency are
sufficient to pay the reduced debt service or
(b) in a manner approved by the Agency assure
that the purchaser or lessor will pay the
lesser of either the property taxes which
would be paid by an owner which was not tax-
exempt or an amount sufficient to enable the
Agency to pay its debt service. For the
purposes of this Section (III. B.), the term
conveyance shall mean lease, sale or any
other trans£er of interests in Parcels A,
B or C.
Mr. Beatty stated this section is designed to protect
the Agency if the property is transferred or sold from the
Developer to a tax-exempt entity.
Attachment No. 5, Page 4 - ~ethod of Financing -
B. Adjustment Purchase Price:
Presently states - If on the calculation date
the average rent of space actually occupied in
the office tower constructed on Parcel C is at
least $1.80 per square foot of leasable space,
as part of the Option Parcel Disposition Price
specified in Section 201, the Redeveloper shall
pay an additional sum (Adjustment Purchase Price)
for the purchase of Parcel C and the air rights
above the parking structure constructed on
Parcel B, in an amount equal to five percent
(5%) of the ownership interest of the developer.
Corrected to state - If on the calculation date
the average rent for the first five years of
the lease of space actually occupied in the
office tower constructed on Parcel C is at
least $1.80 per square foot of leasable space,
as part of the Option Parcel Disposition Price
specified in Section 201, the Redeveloper shall
pay an additional sum (Adjustment Purchase
Price) for the purchase of Parcel C and the
air rights above the parking structure con-
structed on Parcel B, in an amount equal to
five percent (5%) of the ownership interest of
the developer.
Bakersfield, California, October 18, 1983 - Page 5
Mr. Beatty stated this paragraph determines whether or
not the Redeveloper must pay the additional adjusted purchase price
on the Phase II parcel. If the rents in the project on Phase II
average $1.80 per square foot the adjusted purchase price or in-
creased purchase price must be paid.
Attachment No. 5, Page 5 - Method of Financing -
E. Note and Deed of Trust:
Presently states - Prior to the closing of escrow
on Parcel C and the air rights on Parcel B, the
Redeveloper shall execute a note in the form
set forth in Attachment No. 6 attached hereto
and incorporated herein by reference, secured
by a deed of trust in the form set forth in
Attachment No. 7 attached hereto and incorporated
herein by reference which shall secure the
obligation of the Redeveloper to pay the
Adjustment Purchase Price.
Corrected to state - Prior to the closing of
escrow on Parcel C and the air rights on Parcel
B, the Redeveloper shall execute a note
substantially in the form set forth in Attach-
ment No. 6 attached hereto and incorporated
herein by reference, secured by a deed of
trust substantially in the form set forth in
Attachment No. 7 attached hereto and incor-
porated herein by reference which shall secure
the obligation of the Redeveloper to pay the
Adjustment Purchase Price.
Mr. Beatty stated there are documents which will actually
be executed a number of months, if not years, from now and, there-
fore, it is necessary to be able to make technical changes without
having to come back and get the Development Agreement amended each
time. All of the changes that have been itemized have been reviewe.d
with the Developer and he has agreed to them.
Mr. Calvin Hollis, representing the firm of Katz Hollis
the Redevelopment Agency's Financial Consultants, stated the
Redevelopment Agency has had on file with the City Clerk's Office
for the last two weeks two documents entitled "Analysis of the
Cost of the Disposition and Development Agreement for the Proposed
Truxtun Galleria in the Bakersfield Downtown Redevelopment Project --
pursuant to Section 33675 of the California Community Redevelopment
Law" prepared by Katz Hollis and "Reuse Analysis - Multi-Use Office/
Retail Center, Bakersfield, California" prepared by Keyser Marston
Associates, Inc. These two documents are required by the Health
Bakersfield, California, October 18, 1983 - Page 6
and Safety Code in situations where the Agency is to convey properl~y
acquired in whole or in part from tax-increments, which is the case
in this proposed Development Agreement.
This project is proposed to be a two phase office/retail
project. The first phase will consist of an office tower con-
taining approximately 14 stories, with not less than 150,000 square
feet of leasable office space. Part of the first phase is a
multi-level retail mall of approximately 53,000 square feet of
leasable space and 19,000 square feet of retail common area. The
first phase will also contain a combination of subterranean and
structured parking of not less than 716 spaces. Under the agreemerit
the Developer has the option to purchase the second phase site
within 60 months of completion of the first phase. Although not
required by the agreement, the second phase is currently envisioned
to be a project of approximately 20 stories with 270,000 square
feet of office space, 41,000 square feet of retail space, 19,000
square feet of retail common area and subterranean and structured
parking of not less than 682 spaces. The combination of those
parking spaces are required by the City's codes.
The direct cost to the Agency for this agreement is
shown on Table I contained in the Analysis of the Cost of the
Disposition and Development Agreement. The Agency is required to;
assemble the site for the project, relocate any tenants on the
site, demolish the structures and some utility responsibilities.
The total of those costs are estimated to be $4,096,000. Included
within those acquisition costs are the costs of City owned property,
which, in Phase I, includes portions of an alley and street to be
vacated. Phase II includes that property which is now a City
parking lot. In addition to those direct costs, a contingency has
been allowed for, in the amount of $350,000, and cost of administering
the acquisition program of $150,000, for a total estimated site
assembly cost of $4,596,000. All of the direct costs, with the
Bakersfield, California, October 18, 1983 - Page 7
exception of the City owned parking lot, are required for Phase I.
The only additional requirements the Agency has in the site
assembly cost for Phase II is the City parking facility. In
addition to the direct costs the Agency has, under the agreement,
is the responsibility to make annual lease payments for certain
public parking spaces within the above-grade parking garage.
To determine the total cost of the agreement to the
Agency, Katz Hollis took the present value of both sets of lease
payments, using a 10% discount rate, which is approximately
$654,000. Under the agreement it is contemplated the Agency will
be responsible for debt service on Industrial Revenue Bonds, which
will help finance part of the acquisition of the site. The Agency
will have interest costs associated with those payments.
The other source to the Agency for funds to assemble the
site is to use a portion of the Tax Allocation Bond that the
Agency issued in April, 1983. It has been estimated that approxi-
mately $2,700,000 of that Bond issue will be used for this project
and Katz Hollis has included, as a cost to the Agency, the interest:
on those bonds over the term of the Bonds. The Agency will
receive certain revenue as a result of this project. Those
revenues come from three sources: property taxes from the develop-
ment; the Developer has agreed to make an in-lieu payment to the
extent that the property taxes on either Phase I or combination
of Phase I and Phase II do not equal $500,000 per year, beginning
the first year Phase I is completed; and the agreement provides
that in the event the Developer exercises his option on Phase II
that the Agency will receive a purchase price from Phase II under
certain conditions. Those conditions are spelled out in the
agreement. If the development of Phase II commands rents in
excess of a $1.80 per square foot the Agency will receive,
additional purchase price, the value of 5% of the project,
of any debt on the project. It
as an
exclusive
is a method of determining that
Bakersfield, California, October 18, 1983 - Page 8
purchase price
today,
etc.
in the future, when there are a lot of unknowns
as to what the project will look like, what rents will be,
The total cost to the Agency, prior to consideration of
additional purchase price for tax increments or in-lieu payments,
is approximately $10,100,000. Those are the total costs to the
Agency for the project and includes interest on bond financing
over a 25 year period. That is the present value of those costs.
Katz Hollis has estimated the value to the Agency of tax increments
generated by the project in the in-lieu payments from the Developer
over the life of the project to be approximately $3,500,000. That
is exclusive of any payment made by the Developer for Phase II.
The net cost to the Agency for this agreement over the life of
the project is approximately $6,500,000, exclusive of any consider~L-
tion for the sale of Phase II.
Mr. Hollis stated the purpose of the Reuse Analysis is
to estimate the value of the site for the proposed use. The reuse
is defined as being the highest price which a property is expected
to bring for a specific use in a competitive and open market under
the reuse conditions established by the Agency. The value of the
property at this location is being determined for this development
that has been proposed under the conditions spelled out in the
Disposition and Development Agreement. Those conditions are that
a specific type of development must be built. A minimum amount of
development must be built at one time. The parking must be of a
certain nature, structured and underground. The project must go
forward immediately and no speculation on the land is allowed under
the agreement.
The Reuse Analysis looked at several methods of valuing
the property. The first is a comparable approach; that is, to
look at what other developements of this type, in this area, have
paid for land. This type of project has not been built in this
area. Other projects in this area, not similar to this one, were
416
Bakersfield, California, October 18, 1983 - Page 9
looked at.
per square
per square
The Analysis shows that the cost for land and parking
foot in the suburban area has been approximately $21.00
foot of leasable area. This project commands a cost to
the Developer of approximately $32.00 per square foot. This
Developer, in this location, is paying more for land and parking
than other Developers of office space in the Greater Bakersfield
Area. In other developments, particularly those in the suburban
Bakersfield area, the major cost for land and parking has gone for
land. The parking has been mostly surface parking. In this project
the predominant portion of the contribution of land and parking is
into parking. The parking is either structured or below grade.
However, in total land and parking costs the Developer in this
location is paying more than a Developer in a suburban area. Looking
at it from a comparable standpoint, this project is at least com-
parable to what other Developers are paying from a land and parking
cost standpoint.
The project was then looked at from an income standpoint
to determine, after looking at the cost and rents associated with
the project, what income was available to support the land. After
accounting for the cost of the project, revenue from rents generated
by the project, parking payments that the Agency would be making to
the Developer and accounting for the obligation the Developer has
to make payments to the Agency on Phase I that are in excess of
the taxes generated from Phase I, it was determined that Phase I
actually had a negative land value. The income generated was not
sufficient to support all the costs of the project, exclusive of
land. When Phase II was looked at, as a total project, the con-
clusion as to land value using the income approach, was that the
combined project had a value of about $50,000. That assumed that
Phase II went ahead at the same time as Phase I.
In looking at this project, now that it is a phased
project, it was concluded that if the Developer had only the rights
to build Phase I and no option on Phase II, the land value would be
Bakersfield, California, October 18, 1983 - Page l0
negative and the Developer would probably not go forward with it.
Therefore, it was concluded that the appropriate land value for
Phase I is minimal or a $1.00 land value. The proper value for
Phase II should be determined at the time it goes forward. There
is a formula in the agreement that will calculate what the Phase
value is for land, depending on what rents are at that point in time,
what the project is in terms of square footage, what the use of the
property is, etc.
The last portion of the report concerns the value of
the property at its highest and best use. The highest and best
use is defined as the legal use that yield to the l~.nd the highest
value. It does not take into account any restrictions on the
property that the Agency would place on it. Of all the land uses
permitted by the Zoning and Redevelopment Plans, it only looks at
which of those uses generates the highest land value and what is
that land value. It was concluded that the highest and best use
for that piece of property is probably an office project of
approximately 250,000 square feet with structured parking and no
subterranean parking or enclosed retail mall area and the value
of that property would be approximately $1,300,000, if that was
the development being proposed.
CORRESPONDENCE
Communication from Bianco, Means & McBurnie, Attorneys
at Law, l107 Truxtun Avenue, dated October 17. 1983, requesting a
review on behalf of their client, California Republic Bank, of the
proposed Disposition and Development Agreement concerning a portior~
of Parcel A.
In answer to a question by Councilman Rockoff, Mr. Beatty
stated the concerns expressed in the letter have been eliminated
due to the change in the map. The agreement clearly states that
none of California Republic Bank's property is to be acquired by
the Agency and the map has been corrected to be consistent with
that.
Bakersfield, California, October 18, 1983 - Page
Upon a motion by Councilman Rockoff, communication from
Biance, ~eans & McBurnie, Attorneys at Law, 1107 Truxtun Avenue,
dated October 17, 1983, requesting a review on behalf of their
client, California Republic Bank, of the proposed Disposition and
Development Agreement concerning a portion of Parcel A, was
received, ordered placed on file and referred to staff.
Upon a motion by Councilman Rockoff, communication from
Norman ~4. Walters, 3301 Dwight Street, dated October 12, 1983,
expressing opposition to the proposed Truxtun Galleria Project,
was received and ordered placed on file.
Mr. Beatty stated, for the record, each Councilman
received a copy of Mr. Walters' letter expressing opposition to
the Truxtun Galleria Project due
of the Hall of Records Building,
prise, etc.
pation.
Agency,
to concerns with the change of use
interference with private enter-
PUBLIC HEARING
Mayor Shell delcared the hearing open for public partici-
Dr. Glenn Puder, former member of the Redevelopment
stated he is familiar with some of the procedures that
have taken place tonight and was on the Agency for eight years
because he was and is interested in Downtown Redevelopment. He
felt this project is viable and should be pursued with vigor.
Mr. Richard McBurnie, Attorney with the firm of Bianco,
Means & McBurnie, stated he appreciates the efforts made by the
Counsel for the Agency to revise the draft agreement to cover the
problem raised in their correspondence. On behalf of California
Republic Bank, he still has a slight concern regarding the legal
description of Parcel A contained on Attachment No. 2 of the
Agreement. That Attachment includes Parcel A and a slight revision
might be appropriate.
Mr. Beatty sugggested that when the motion is made on the
agreement, if the Council desires, it can be made subject to any
Bakersfield, California, October 18, 1983 - Page
revisions in the legal description which are necessary to clearly
exclude that parcel of land from the property to be acquired by
the Agency.
Mr. John Brock, owner of Brock's Department Store, stated
if the costs are not out of line he feels the Galleria Project
proposed by Mr. Moreland, at least Phase I, would be one of the
first steps that might get downtown off the ground. They have been
waiting a long time and people are needed downtown. He is not for
spending a lot of the taxpayers money, however, something is needed
to start the ball rolling if the City is going to have a viable
downtown, centrally located. He is for this project proposed by
Mr. Moreland.
Mr. Dick Crow, Vice-Chairman
Society, stated they would like to see
preserved in a reasonable sort of way.
of the Kern County Historical
the Hall of Records Buildin~
The report made several
monthsago by Mr. Richard Monje of the City's Historical Preservatic. n
Commission was very comprehensive, brought up a lot of problems
concerning the Hall of Records Building and recommended it be
preserved. City Manager Kelmar's report this evening regarding
moving and rehabilitating the Hall of Records is probably sufficient
for many of them to support moving that building and restoring it.
In order to reinforce this position it is suggested that the project
being discussed tonight be contingent upon the successful execution
of an agreement with Mr. Gannon for the moving and restoration of
the Hall of Records Building.
Mr. Mark Lutrel stated he is not totally against the
Galleria Project. He is concerned with the Hall of Records Building.
He felt redevelopment, as a whole, is good and there are certain
areas in the City that need it. He felt removing the Hall of
Records Building is not good for maintaining the historical signifance
of the City for future generations. ~r. Lutrel read a portion of
an article that appeared in the May issue of Bakersfield Lifestyle
magazine entitled "Downtown A Turning Point," by Bruce E. Keith.
Bakersfield, California, October 18, 1983 - Page 13
Mrs. Jeanne Foth, former member of the Redevelopment
Agency, speaking in opposition to the project, stated she feels
the Truxtun Galleria Project is a beautiful dream and hopes it does
not become a nightmare. She felt concern when talking about leasing
to the County of Kern, because of the unknowns. They are talking
about money that belongs to the taxpayers through tax increments,
etc.
Mrs. Martha Walters, 3301 Dwight Street, asked what site
is being proposed for the Hall of Records Building.
City Manager and Executive Director of the Redevelopment
Agency Kelmar stated it will be relocated on 17th Street between
"F" and "G" Streets, which is presently a City parking lot and the
Developer would pay the City for almost all of the land.
Mrs. Walters, spoke in opposition to the Truxtun Galleria.
Project and stated she did not feel downtown is a blighted area by
definition in Health and Safety Code Section 33320.2. She stated
her main objection is the use of taxpayers money to create a subsidy
for a private developer.
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 and Agency deliberation and
action.
Councilman and Agency Member Means asked where the City
is at in discussions with the County about leasing space.
City Manager and Executive Director of the Redevelopment
Agency Kelmar stated the City is not involved in any of those
discussions. That discussion is the responsibility of the Developer.
He understands there is suppose to be a report filed, this week, by
the County Administrative Officer in response to questions on the
proposal made by the Developer to the County. The Board of Super-
visors is suppose to discuss the issue at their meeting either
Monday or Tuesday of next week.
Bakersfield, California, October 18, 1983 - Page 14
Councilman and Agency Member Means stated he has heard
or seen in the media that there was some discussion about whether
the offer that was made to the County was reasonable or whether
they need that space. One of the concerns to the County seems to
be that the deal they are being offered in terms of price per
square foot is out of line, too high.
Mr. Terry Moreland, Developer of the Truxtun Galleria
Project, stated they have been apprised of the County needs for a
number of months. They were in the process of looking at the
opportunity to buy the Westchester property, which contains
approximately 100,000 square feet. There have been numerous
articles written, and have come across the medi~ of other space
that they are looking at, so he put together a proposal that
would meet their space requirements and a financial proposal to
meet their economic needs. That proposal included numerous amounts
of contengencies that would make it a viable proposition to the
County. There was a $1.85 lease with the opportunity for them,
after a 10-year period, to have ownership in the building. With-
out that it would not be possible for the County to enter into a
serious lease negotiation with the Galleria.
Councilman and Agency Member Means stated any project
like this is complex. Clearly, this is a situation where the City,
through the Redevelopment Agency, is going to have to assist if
downtown is going to be redeveloped. The City is in the process
of seeing a landmark project that can get underway and allow the
rest of downtown to develop. He hopes the Council and Agency will
support this project and then the Council can turn to the County.
Not ask them to do something that is not in their best financial
interest. He recognizes the City has not had the best relationship,
with the County in the past, but he feels the City has to assume
50% of the responsibility for that, whether it is the dump or any
other item. He hopes the County does not go overboard by not getting
Bakersfield, California, October
18, 1983 - Page 15
into this proposal and recognizes that the City of Bakersfield is
in the County and what may be in the interest of downtown may also
be in the interest of other people in the County. The Board of
Supervisors represent people who also live in the City. Those
people are voting for some of the Council as well as the Board of
Supervisors. It seems a little bit strange to him that there are
some members of the Board of Supervisors who have some extended
concerns, yet the Council members representing those same
constituents are in support of it. He hopes any lack of coopera-
tion in the past will be overlooked and the project is evaluated
on its merits. It is something that is very critical for downtown
and he feels it is, in fact, the last chance. It is the City's
last hope and he hopes people will support it. He hopes the County
also cooperates with Mr. Moreland in his project.
COUNCIL AND AGENCY ACTIONS
Adoption of Resolution No. RA14-83
of the Bakersfield Redevelopment
Agency approving and authorizing the
execution of a Disposition and
Development Agreement between the
Bakersfield Redevelopment Agency
and Moreland Corporation.
Upon a motion by Agency Member Rockoff, Resolution No.
RA14-83 of the Bakersfield Redevelopment Agency approving and
authorizing the execution of a Disposition and Development Agree-
ment between the Bakersfield Redevelopment Agency and Moreland
Corporation, including the technical corrections made to the
Disposition and Development Agreement by the Redevelopment Agency's
Consulting Attorney and any possible technical revisions that may
be needed to exclude any land from Parcel I by California Republic
Bank,
Ayes:
Noes:
Absent:
was adopted by the following roll call vote:
Agency Members Barton, Means, Payne Rockoff
None
Agency Members Christensen, Ratty
Bakersfield, California, October 18, 1983 - Page 16
Adoption of Resolution No. 123-83 of
the Council of the City of Bakers-
field approving and authorizing the
execution of a Disposition and
Development Agreement between the
Bakersfield Redevelopment Agency
and Moreland Corporation.
Upon a motion by Councilman Means, Resolution No. 123-83
of the Council of the City of Bakersfield approving and authorizing
the execution of a Disposition and Development Agreement between
the Bakersfield Redevelopment Agency and Moreland Corporation,
including the technical corrections made to the Disposition and
Development Agreement by the Redevelopment Agency's Consulting
Attorney and any possible technical revisions that may be needed
to exclude any land from Parcel I by California Republic Bank, was
adopted by the following roll call vote:
Ayes: Councilmen Means, Payne, Rockoff, Barton
Noes: None
Absent: Councilmen Ratty, Christensen
Adoption of Resolution No. RA15-83
of the City of Bakersfield Redevelop-
ment Agency authorizing the entering
into of Financing Leases or Agree-
ments for the purpose of financing
construction of office building
facilities to be constructed and
developed by Moreland Corporation.
Upon a motion by Agency Member Payne, Resolution No.
RA15-83 of the City of Bakersfield Redevelopment Agency authorizing;
the entering into of Financing Leases or Agreements for the purpose
of financing construction of office building facilities to be
constructed and developed by Moreland Corporation, was adopted by
the following roll call vote:
Ayes: Agency Members Barton, Means, Payne, Rockoff
Noes: None
Absent: Agency Members Christensen, Ratty
Adoption of Resolution No. RA16-83
of the City of Bakersfield Redevelop-
ment Agency authorizing the entering
into of Financing Leases or Agree-
ments for the purpose of financing
construction of parking structure to
be constructed and developed by
Moreland Corporation.
Bakersfield, California, October i8, 1983 - Page
Upon a motion by Agency Member Payne, Resolution No.
RA16-83 of the City of Bakersfieid Redevelopment Agency authorizing:
the entering into of Financing Leases or Agreements for the purpose.
of financing construction of parking structure to be constructed
and developed by Moreland Corporation, was adopted by the following
roll call vote:
Ayes: Agency Members Barton, Means, Payne, Rockoff
Noes: None
Absent: Agency Members Christensen, Ratty
ADJOURNMENT
Upon a motion by Agency Member Means, the Redevelopment
Agency's portion of the joint public hearing regarding the
Disposition and Development Agreement for the Truxtun Galleria
Project, was adjourned at 8:43 P.M.
Upon a motion by Councilman Rockoff, the joint public
hearing before the Council and Redevelopment Agency regarding the
Disposition and Development Agreement for the Truxtun Galleria
Project, was adjourned at 8:45 P.M.
MAYO C~tv'~of~~
AYOo~C~ y akersfield,
ATTEST:
CITY CLERK and/Ex Officio Clerk of the Council
of the City of Bakersfield, California
ma
Calif.
Bakers~ie~ld; California, October 19, 1983
25
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., October 19, 1983.
The meeting was called to order by:Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Dr. Clyde Wasdin of
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Payne, Ratty, Rockoff, Barton,
Means
Absent: Councilman Christensen
Minutes of the Special Joint Meeting of September 27, 1983,
and regular meeting of September 28, 1983, were approved as presented.
CORRESPONDENCE
Upon a motion by Councilman Payne, communication from
Bakersfield Art Association, Inc., 1930 "R" Street, dated October 7,
1983, thanking the Council for the City's continued excellence in
maintaining the building and grounds of the municipal art gallery
and submitting the Director's Report of gallery activities for 1982-83,
was received and placed on file.
Upon a motion by Councilman Means, communication from
Mr. Robert K. Aldrich, 1801 E1 Portal Drive, dated September 21, 19~3,
requesting assistance for the hearing-impaired community of Bakers-
field to obtain closed-captioned service from the local television
stations and cable television companies, was received and referred
to staff.
Upon a motion by Councilman Means, communication from
Mr. Jacques P. Thiroux, President of Kern Community Colleges, lB01
Panorama Drive, dated October 17, 1983, requesting the Council's
support by writing a non-partisan letter to the state Legislature
regarding support of the :~iern Co~m'unity College System was received
and referred to the Legislative Committee.
HEARINGS
This is the time set for public hearing before the Council
on Resolution of Intention No. 975 of the Council of the City of
the First Assembly of God Church.
Bakersfield, Cali£ornia, October 19, 1983 - Page 2
Bakersfield declaring its intention to order the vacation of a
20-foot alley within Block 236 located between 19th and 20th Streets
and "H" and "G" Streets.
This hearing has been duly advertised and posted.~
The application for this alley vacation was submitted
by LRG Properties and Gannon Enterprise, Inc., 1925 "H" Street.
Mayor Shell declared the hearing open for public partici-
pation.
No protests or objections being received and no one
wishing to speak in favor, Mayor Shell closed the public portion
of the hearing for Council deliberation and action.
Upon a motion by Councilman Ratty, Resolution No. 124-83
of the Council of the City of Bakersfield ordering the vacation
of a portion of the 20-foot alley within Block 236 located between
19th and 20th Streets and "H" and "G" Streets, was adopted by the
following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Barton, Means
Noes: None
Absent: Councilman Christensen
This is the time set for continued public hearing before
the Council of the City of Bakersfield, on any evidence for or
against a proposal by the City of Bakersfield to change the zoning
boundaries from a C-2 (Commercial) Zone and ff 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 Truxtun Avenue and 20th Street.
This hearing has been duly advertised, posted and the
property owners notified as required by law.
This hearing was continued fro~ the Council Meeting cf
September 14~ 1983.
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.
Bakersfield, California, October 19, 1983 - Page 3
Councilman
conflict of interest,
discussion.
pat ion.
to speak
Ratty stated that due to a real or imaginary
he would not participate in the following
Mayor Shell declared the hearing open for public partici-
No protests or objections being received and no one wishing
in favor, Mayor Shell closed the public portion of the
hearing for Council deliberation and action.
Councilman Barton stated he still has doubts about the
adequacy of a Downtown Redevelopment Plan addressing all the CC
Zoning needs in the downtown area. The Planning Commission has
studied this issue and came up with a recommendation, therefore, he
would go along with the Planning Commission's recommendation and see
how it goes to meeting the needs of a C-3 (Central Business) Zoning.
Upon a motion by Councilman Barton, the Council did not
(Central Business) Zone, by the following roll call
adopt the C-3
vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Payne, Rockoff, Barton, Means
None
Councilman Christensen
Councilman Ratty
ADJOURN)~ENT
There being no further business to come before the Council,
upon a motion by Councilman Payne, the meeting was adjourned at
7:12 P.M.
ATTEST:
the City of Bakersfield, Calif.
CITY CLERK~ and ~k Officio Clerk of the Council
of the City of Bakersfield, California
CW
428
Bakersfield, California, October 26, 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., October 26, 1983.
The meeting was called to order by ~ayor 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 Ratty, Rockoff, Barton, Means,
Payne
Absent: Councilman Christensen
Minutes of the regular meeting of October 12, 1983, were
approved as presented.
STUDENT GOVERNMENT DAY PARTICIPANTS
Mayor Shell welcomed and introduced the student counter-
parts for Mayor and members of the Council, who will be participating
in the Annual Student Government Day, November 9, 1983, as follows:
Mayor
Councilperson
Councilperson
Councilman
Councilperson
Councilman
Councilman
Councilperson
Advisor
Matt Jones
Helen Chao
Ida Franco
Jack Coronel
Sharon Reese
Darin Poe
Joe Bariffi
Kimi Kingsbury
Bill Jones
SCHEDULED PUBLIC
Bakersfield High School
East Bakersfield High School
Foothill High School
Garces High School
Highland High School
North High School
South High School
Wes~ High School
West High School
STATEMENTS
Mr. Tommy Townsend, Contractor and Developer, requested
an amendment to an ordinance that would require cable television
companies to pay for trenching in newly developed areas. All other
utility companies are required to pay their share of the trenching.
Upon a motion by Councilman Payne, request of Mr.
Townsend to amend the ordinance to require cable television
companies to pay their share for trenching in newly developed areas,
was referred to the Budget Review and Finance Committee for study
and recommendation.
CORRESPONDENCE
Upon a motion by Councilman Rockoff,
Paul E.
communication from
Zeltner, Mayor of the City of Lakewood, California, dated
Bakersfield, California, October 26, 1983 - Page 2
October 19, 1983, regarding Cable TV Resolution at National League
of Cities, Congress of Cities Meeting, .to be held in New Orleans
on November 27-29, 1983, was received and referred to the Budget
Review and Finance Committee.
Upon a motion by Councilman Payne, communication from
Gary Gatone Farms, dated October 24, 1983, regarding Municipal
Sewer Farm Lease No. 78-165, was received and referred to the
Water and City Growth Committee.
Upon a motion by Councilman Means, communication from
Mental Health Association in Kern County, dated October 25, 1983,
requesting use of the former Easlings' Building at 2022 "L" Street,
and also requesting endorsement of a Mental Health "Consumer
Speaks" Conference to be held in February, was received and referred
to staff and Redevelopment Agency.
COUNCIL STATEMENTS
Councilman Payne, on behalf of the entire Council, com-
mended Police Chief Price and his department for their successful
efforts to decrease the crime rate.
Councilman Payne stated he wanted to set the record
straight on a controversial issue, without turning it into a
political football. There have been several drastic and demeaning
statements made regarding the City of Bakersfield and their lack
of interest in the situation at the intersection of White Lane and
Akers Road. It has always been the No. 1 priority of this Council
and staff to protect life and property. There are certain guide-
lines that must be followed and State traffic warrants that must
be met before the Council can arbitrarily institute traffic con-
trols at any intersection. Until the recent construction in that
area was completed and properties occupied, there was not sub-
stantial traffic, pedestrian or vehicular, to justify installation
of a traffic signal. Those warrants have now been met and the
signal will be installed early next spring. The School Crossing
Guard Program has been expanded so that Crossing Guards are at
Bakersfield, California, October 26, 1983 - Page 3
their stations earlier and remain later in order to protect the
junior high school students crossing that intersection to attend
Thompson Junior High School. This Council has never ignored a
matter of public safety. It has always been the No. 1 priority,
but the Council must work within the framework of the law.
Simply because a matter is a popular issue the Council cannot
ignore the law and responsible action must be taken, even when
it is not the most expeditious or popular thing to do. Council-
man Payne commended Traffic Engineer Jerry Hahs and City staff
for their assistance in reaching a successfu~ conclusion to this
problem.
Councilman Means stated he has a concern that came up
at a recent discussion with the Kern County Water Agency. This
City placed an advisory measure on the ballot concerning the Zone
of Benefit No. i Tax and the people supported it two to one,
indicating they wanted the City to make every effort to get out
of paying the tax. With the City Attorney's assistance a process
was started to participate in that process legally. The City did
not appropriate funds to hire a consultant to review their report,
therefore, there is now a situation where City residents will end
up paying more on the Water Tax than they would have if we had not
gotten involved before. He feels this is a very unfortunate
situation. It is very clear the people of Bakersfield do not want
to pay that Water Tax and now it will be even higher. It is
amazing that the Water Agency is a body that can raise taxes when
City and County government cannot do it. Most people do not even
know who is on the Kern County Water Agency, much less who repre-
sents their area. So, it is an unknown body who continues to
raise taxes. After going through this reassessment they will be
charging more than before. Councilman Means asked the City
Attorney if the City has totally lost the ability to proceed in
any legal manner.
Bakersfield, California, October 26, 1983 - Page 4
City Attorney Oberholzer stated it is back to the old
issue again, exhaustion of the administrative remedies along the
way. ?herb must be some basis upon which to proceed if the
assessments they have determined are going to be challenged. In
order to do that there has to be some kind of technical ground to
proceed on. The Kern County Water Agency hired what are considere,~
to be competent individuals to prepare their report and he is not
sure the City has anything to rebut it with. There has to be a
basis on which to pursue a challenge. If the City were going to
attack the report, upon which they are relying for their assess-
ment, there would have to be some kind of factual basis on it and
it would require some kind of expertise in order to be able to
establish that factual basis.
Councilman Means stated,
problem in the City is, it was just
as he understood it, the
an advisory election. It makes
it difficult to interpret what should be done after an advisory
election. He asked, if the City wanted to remove the I.D. No. 4
residents from paying the tax or subsidy, what kind of vote would
it take.
City Attorney Oberholzer stated he is not sure, but he
does not think any vote will do anything other than advise, be-
cause, essentially, the legislative act that established the Kern
County Water Agency will have to be changed by a referendum of
some sort. There are also obligations that have been incurred
that will have to be satisfied. City Attorney Oberholzer stated
he would have to refer to his notes on this issue before answering
Councilman Means' questions.
Councilman Means asked what remedy is left to the City.
City Attorney Oberholzer stated the problem is, the City
does not have any power, because the City does not make a deter-
mination of the rates. The City does not even have any input as
to the rates. The only thing the City can do is spend taxpayers'
Bakersfield, California, October 26, 1983 - Page 5
money to
desires.
Board of
that the
legally pursue it, if that is what the City Council
The real responsibility rests with the Kern County
Supervisors.
Councilman Means stated he believes one aspect was,
City could petition LAFCO for an election.
City Attorney Oberholzer stated that is for deannexation.
There are still obligations incurred and someone has to
of those obligations and he does not know how it can be
Councilman Means asked, assuming that the users
assume the full burden of the obligations, could the City
and stop paying that tax through a petition to LAFCO.
take care
resolved.
could
deannex
City Attorney Oberholzer stated he could not answer
question tonight, but would get an answer
November 9, 1983.
Councilman Ratty stated this is
that
for Councilman Means by
strictly a political
problem. It is in the Board of Supervisor's ballpark. The City
does not have any power, except to strenuously object. It is a
political football over there and the Board of Supervisors are
making political hay out of it by saying who will pay. Evidently,
the City does not count in this regard, in some of their minds.
It is up to the citizens to put the pressure on the Board of
Supervisors and remember them at the next election.
Mayor Shell requested the students participating in
Student Government Day, in the audience, to stand and be recognized.
REPORTS
Councilman Barton, member of the Intergovernmental
Relations Committee, read Report No. 3-38 regarding Library --
Downtown Branch/Headquarters, as follows:
Recently, this Committee met with the Inter-
governmental Relations Committee from the Kern
County Board of Supervisors to review and
discuss the present as well as the growing
needs of the Kern County Library and the down-
town branch. Also present were members of City
staff and County staff, including Library
personnel.
Bakersfield, California, October 26, 1983 - Page 6
Our discussions included, but were not limited
to, such items as the present downtown library
location, the growth of the City and County and
the demand for additional library services the
growth has created, and additional space needed
to satisfy future library demands. Realizing
the complex nature of the issue, both com-
mittees concur that citizen input and partici-
pation are desirable and necessary.
Therefore, this Committee recommends the City
Council approve the concept of a "Citizens
Committee" and direct this Committee to return
to the Council with specific recommendations.
Upon a motion by Councilman Barton, Intergovernmental
Relations Committee Report No. 3-83 regarding Library -- Downtown
Branch/Headquarters, was accepted; and concept of a "Citizens
Committee," was approved and the Intergovernmental Relations
Committee was directed to return to the Council with specific
recommendations.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1535 to 1881,
inclusive, in the amount of $576,071.60.
(b)
Claim for Damages and Personal Injuries
from Wehrle Delano Peppars, 1127 - 3rd
Street, Bakersfield. (Refer to City
Attorney)
(c)
Claim for Wrongful Death from Joan Black-
wood, an adult; Tiffany Dawn Blackwood
and Brian Robert Blackwood, minors;
Charles Blackwood; and Michael Blackwood;
c/o Chain, Younger, Jameson, Lemucchi &
Noriega, 1128 Truxtun Avenue, Bakersfield.
(Refer to City Attorney)
(d)
Notice of Completion and Acceptance of
Work on Tract No. 4544, Contract No. 83-35
with Tenneco Realty Development Corporation,
located at White Lane and Park View Drive.
(e)
Application for Encroachment Permit from
Karl Brueckner, P.O. Box 2776, Bakers-
field, for construction of a 6 foot high
wood fence behind sidewalk on Kramer Drive
at 7317 Budge Way.
(f)
Application for Encroachment Permit from
Gerald Clifford, 1831Truxtun Avenue,
Bakersfield, for construction of a steel
frame canopy, swinging doors at entry,
quarry tile paving and new landscaping
behind sidewalk area at 1909 - 16th
Street.
Bakersfield, California, October 26, 1983 - Page 7
(g) Downtown Historic Survey Project Agree-
ment with the State Department of Parks
and Recreation, Historic Preservation
Office, providing an extension of time
to complete the Historic Structure Survey.
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (£) and (g) o£ the Consent Calendar, were adopted by
the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Means, Payne
Noes: None
Absent: Councilman Christensen
ACTION ON BIDS
Upon a motion by Councilman Ratty, all bids for contract
for culvert widening at Wible Road and Branch 1 of the Kern Island
Canal, were rejected and staff was authorized to re-evaluate the
project.
Upon a motion by Councilman Payne, usual bidding require-
ments were dispensed with, in accordance with Section 3.20.060 of
the Municipal Code, and the Finance Operations Manager was
authorized to negotiate a price with Motorola Communications for
fourteen radios, one pager and one service monitor, not to exceed
the budgeted amount of $46,410.00.
Upon a motion by Councilman Barton, low bid of Halprin
Supply, in the amount of $11,163.92, for Fire Hose, was accepted
and all other bids rejected.
Upon a motion by Councilman Payne, low bid of Kawasaki
Sportcycle, in the amount of $85,958.74, for fifteen Police Special
Motorcycles, was accepted and all other bids rejected.
Upon a motion by Councilman Rockoff, all bids for con-
struction of Bernard Street Storm Drain, Phase I, were rejected
and the staff was authorized to re-evaluate the project.
Bakersfield, Californ±a, October 26, 1983 - Page 8
DEFERRED BUSINESS
Adoption of Ordinance No. 2881 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
side of College Avenue, 800 feet
east of Fairfax Road; and making
findings in connection with a P.U.D.
Zone.
The application for this amendment was made by James L.
Holloway 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, consisting of 79 duplex structures containing a total of
158 single family dwelling units.
The Planning Commission recommended approval of this
amendment, subject to 9 additions to the plan.
Upon a motion by Councilman Rockoff, Negative Declaration
and Ordinance No. 2881 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 side of College
Avenue, 800 feet east of Fairfax Road; and making findings in
connection with a P.U.D. Zone, finding said zoning consistent with
the General Plan, were adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Means, Payne
Noes: None
Absent: Councilman Christensen
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 southeast of the intersection
of Harris Road and Stine Road; and
making findings in connection with a
P.U.D. Zone.
Bakersfield, California, October 26, 1983 - Page
The application for this amendment was made by Sequoia
Engineering, Inc., and would change subject properties from an
MH (Mobilehome) Zone to a P.U.D. (Planned Unit Development) Zone,
consisting of 62 detached single family dwellings.
The Planning Commission recommended approval of this
amendment, subject to l0 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 south-
east of the intersection of Harris Road and Stine Road; and making
findings in connection with a P.U.D. Zone.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.08.175 C. of the
Bakersfield Municipal Code relative
to Clear Sight View.
This amendment clarifies wording in the ordinance and
does not change any of the standards requiring clear sight
distances at controlled intersections.
Following a public hearing held October 6, 1983, the
Planning Commission, by their Resolution No. 67-83, approved and
recommended adoption by the City Council.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.08.175 C.
of the Bakersfield Municipal Code relative to Clear Sight View.
Approval of Agreement with Ed Rodgers,
Auctioneer, for rental of City
property at 16th and "S" Streets
(Old City Corporation Yard) for a
public auction.
As on previous occasions Ed Rodgers, Auctioneer, is
requesting to rent the City property at 16th and "S" Streets for
a public auction.
City staff considers a daily rental of $75.00 to be
acceptable and recommends Council approval.
Bakersfield, California, October 26, 1983 - Page 10
Upon a motion by Councilman Payne, Agreement with Ed
Rodgers, Auctioneer, for rental of City property at 16th and "S"
Streets (Old Corporation Yard), for a public auction- was approved
and the Mayor was authorized to execute same.
Approval of Quitclaim Deed from the
City of Bakersfield to Loma Vista
Construction for an existing City
owned drainage sump site in exchange
for additional land area and con-
struction of a new drainage sump
in adjacent Tract No, 4181.
This exchange will allow the combining of two sumps into
one basin, thereby, reducing the City's maintenance costs.
The City has received the deed for the additional land
area in Tract No. 4181. The property appraisal indicates the
transfer is a fair exchange.
Upon a motion by Councilman Rockoff, Quitclaim Deed
from the City of Bakersfield to Loma Vista Construction for an
existing City owned drainage sump site in exchange for additional
land area and construction of a new drainage sump in adjacent
Tract No. 4181, was approved and the Mayor was authorized to
execute same.
Approval of Lease Agreement with the
County of Kern providing for the
County to construct and maintain
storm drain lines and pump station
for the Hart Street drain across
City owned property located north
of the Kern River and east of Chester
Avenue.
This agreement has been reviewed by the City Water
Resources Department and they recommend approval.
Upon a motion by Councilman Rockoff, Lease Agreement
with the County of Kern providing for the County to construct and
maintain storm drain lines and pump station for the Hart Street
drain across City owned property located north of the Kern River
and east of Chester Avenue, was approved and the Mayor was authorized
to execute same.
~-OO
Bakersfield,
California,
October 26,
1983 - Page
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Barton, the meeting was
adjourned at 7:40 P.M.
AYOR~0the City of Bakersfield,
Calif.
ATTEST:
CIT Ex ~fficio Clerk of the Council
of the City of BaKersfield, California
ma
Bakersfield, California, November 9, 1983
Minutes of a regular meeting of the Council o£ the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 P.M., November 9, 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: Councilmen Rockoff, Barton, Christensen, Means, Payne
Ratty
Absent: None
Upon a motion by Councilman Barton, ~4inutes of regular
meetings of October 19 and 26, 1983, were approved as presented.
Minutes of the Joint Public Hearing of October 18, 1983, were
approved as corrected.
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from Bill Carter, dated October 31, 1983, submitting his resigna-
tion from the Golden Empire Transit District Board of Directors,
effective November 16, 1983, was received, resignation accepted and
the Mayor requested to send a letter of appreciation for his service
to the City of Bakersfield.
Upon a motion by Councilman Payne, communication from
American Baptist Homes of the West, P.O. Box 6669, Oakland, Califor-
nia, requesting waiver of the Panama Union School District fee for
their new construction project at 1301 New Stine Road, was received
and referred to the City Attorney.
Upon a motion by Councilman Christensen, communication
from Gannon Enterprises, Incorporated, 4101 Union Avenue, dated
November 3, 1983, requesting a General Plan Amendment from M-1 to
high density multi-family for 13 acres bounded by 38th Street and
Jewett Lane, 40th and "K" Streets, was received and referred to the
Planning Commission for study and recommendation.
44O
Bakersfield, California, November 9, 1983 - Page 2
Upon a motion by Councilman Barton, communication from
James Redstone, 7209 Outingdale Drive, dated November 3, 1983,
submitting his resignation from the Planning Commission, effective
November 3, 1983, was received, resignation accepted and the Mayor
requested to send a letter of appreciation for his service to the
City of Bakersfield.
Upon a motion by Councilman Payne, communication from
Bill L. Williams, Superintendent of Panama Union School District,
requesting facilitation of the request by American Baptist Homes
of the West for waiver of the Panama Union School District fee for
their new construction project at 1301 New Stine Road, was received
and referred to the City Attorney.
COUNCIL STATEMENTS
Councilman Payne requested Staff look into the possibility
of the Council holding a special or a regularly scheduled meeting
somewhere in the Sixth Ward in the near future to discuss some of
the issues raised during the campaign and of concern to the Southwest
Citizens' Group. Also, have members of the Public Works Department
present to explain the Capital Improvement Budget, the improvements
scheduled for the Sixth Ward, and why it takes time to accomplish
some of these things, and possibly open up the lines of communication.
If a meeting in the Sixth Ward is not possible, Councilman Payne
stated he would look at other alternatives, but requested staff
report back, if possible, by the next Council meeting. Councilman
Payne stated he would make a list of issues available to staff.
Councilman 14eans thanked his family, friends and the
voters who gave him the opportunity to represent the Fifth Ward.
He stated that serving as Councilman has been an experience of being
in a position of not being able to accomplish things alone, It
requires the help of other members of the Council. Every single
person on this Council, as well as the Mayor, has been helpful and
cooperative and in what he felt, were the best interests of the
people of the Fifth Ward and the City as a whole. He stated he has
Bakersfield, California, November 9, 1983 - Page 3
at times been a harsh critic of City Staff, but felt the City of
Bakersfield has a Staff that cannot be beat anywhere, and every
member of Staff has been supportive of him.
Councilman Christensen stated that Councilman Means would
be greatly missed by Council and Staff. He has been a disturbing
influence, for the good, not only on Staff and Council, but even on
the community. He wished him well in whatever his line of endeavors.
Councilman Rockoff stated that Councilman Means and he
probably have political differences, or at least the approaches to
the problems that have to be solved come from different directions:,
but that he has always handled the differences in a gentlemanly
manner and he appreciated that.
Councilman Payne stated Councilman ~eans has made tremendous
accomplishments during his tenure in office. He and Councilman Means
have not always agreed, and seldom on major issues. It is not the
end result, or in what was trying to be accomplished, but in how to
achieve the end result. Councilman Payne wished him luck in whatever
his future endeavors might be and stated his last tenure on the
Council has done nothing but benefit the constituents of this City.
REPORTS
Councilman Payne, member of the Legislative Committee,
read Report No. 4-83, regarding State Funding for Kern Community
Colleges, as follows:
The Legislative Committee met on October 31, 1983
to consider the letter submitted to the City Clerk
by Jacques F. Thiroux regarding state funding for
the Kern Community Colleges.
The Committee reviewed the memorandum written by
Mr. Thiroux to faculty and District Board ~embers,
dated October 13, 1983, subject: Political Action.
While the Committee concurs that the community
college system faces serious financial considera-
tions in the future, the plight of the community
colleges is not much different than that faced by
most agencies relying on taxes as a source of
operational revenue. The Committee believes that
it is not appropriate for the City Council to take
a position endorsing or opposing funding requests
by other governmental agencies.
The Committee, therefore, recommends that each
Councilmember take action, as an individual, as
that Councilmember deems appropriate.
4.42
Bakersfield, California, November 9, 1983 - Page 4
Upon a motion by Councilman Payne, Legislative Committee
Report No. 4-83 regarding State Funding for Kern Community Colleges,
was accepted, and recommendations as outlined in the report were
approved, by the following roll call vote:
Ayes
Noes
Councilmen Rockoff, Barton, Payne, Ratty
Councilmen Christensen, Means
Absent: None
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 28-83 regarding Lerdo Facility
Trustee Labor Utilization, as follows:
During the past year, and in some cases more
than one year, various operating departments
throughout the City have availed themselves
of the trustee labor available from Kern County
Jail Facility at Lerdo. There is no cost to
the City; however, it is necessary the City
provide transportation to and from Lerdo Facility
for the trustees.
We met with members of the City staff to review
the use of trustee labor and noted various
departments are presently using twelve trustees
on a daily basis. We further noted the City is
currently using an older Police Department paddy
wagon which will only accomodate transportation
for eight of the trustees. The Lerdo Facility
transports the Police Department's four trustees
but is requesting the City provide transportation
in the future. Further, we noted departmental
requests for an additional seventeen trustees
to be used throughout the City (refer to October 21,
1983 attached memo).
We concur with staff in that the use of the trustee
labor is very beneficial to the City, and we
encourage the City staff to use the trustee labor
wherever possible to increase service without
increase in City costs.
In order to utilize the additional trustees, City
staff are requesting authorization and funding for
the purchase of a used school bus. Preliminary
inquiries by staff indicate a used school bus
satisfactory for our need can be purchased for an
amount not to exceed $4,300. We concur with this
request and recommend the City Council authorize
the purchase and approve funding from the Council
contingency in an amount not to exceed $4,300.
Further, inasmuch as the purchase of a used school
bus does not lend itself to usual bidding proced~
ures, we recommend City Council dispense with the
bidding procedures in accordance with Section
3.20.060 of the Municipal Code and authorize the
Finance Operations Manager to negotiate a price
not to exceed $4,300.
Bakersfield, California, November 9, 1983 - Page 5
Upon a motion by Councilman Rockof£, Budget Review
and Finance Committee Report No. 28-83 regarding Lerdo Facility
Trustee Labor Utilization, was accepted; and recommendations as
outlined in the report were approved.
CONSENT CALENDAR
(a) Allowance of Claims Nos. 1882 to 2154,
inclusive, in the amount of $716,321.90.
(b)
Claim for Personal Injuries from R. L.
Fritch, 3619 Elcia, Bakersfield. (Refer
to City Attorney)
(c)
Claim for Damages from Jack Saba, 915
Baker Street, Bakersfield. (Refer to City
Attorney)
Claim for Wrongful Death from Rebecca L.
Sikola, individually and as personal rep-
resentative of the Estate of William
Leonard Sikola; Daniel M. Sikola, a minor,
April L. Sikola; a minor, and Amber M.
Sikola, a minor, c/o Edward J. Quirk, Jr.,
1600 "M" Street, Bakersfield. (Refer to
City Attorney)
(e)
Claim for Personal Injuries from Curtis
Lee Christian, c/o McKnight and McKnight
303 Truxtun Avenue, Bakersfield. (Refer
to City Attorney)
(f)
Claim for Damages from Ruth A. Poor,
3529 Country Club Drive, Bakersfield.
(Refer to City Attorney)
Claim for Damages from Robert E. Stricker
3904 Rickey Way, Bakersfield. (Refer to
City Attorney)
(h)
(i)
Claim for Damages from Joe Louis Wooten,
128 "U" Street, Bakersfield. (Refer to
City Attorney)
Claim for Damages from Farmers Insurance
Group, 21920 Nordoff Street, Chatsworth,
California 91311. (Refer to City Attorney)
(J)
Quitclaim Deed from the City of Bakers-
field to Tenneco Realty Development Corp-
oration for quitclaim and release of a
water pipeline easement in exchange for
flowage/storm drain easements granted to
the City of Bakersfield and accepted at
City Council meeting of September 28, 1983.
Said exchange of easements is required for
Parcel Map 6791, located on the southwest
side of Truxtun Avenue and ~ohawk Avenue.
(k)
Street Right-of-Way Deed from Sandon Invest-
ment Group to the City of Bakersfield for
public street right-of-way as required by
the Planning Commission for Parcel Map 7044,
located on the north side of Shandon Lane
northeasterly of Fairfax Road and Panorama
Drive.
444
Bakersfield, California, November 9, 1983 - Page 6
(i)
(m)
(n)
(o)
(P)
(q)
(r)
(s)
Map of Tract No. 4647 and Improvement Agree-
ment with U.S. Home Corporation, for con-
struction of improvements therein, located
on Westfield Road northeasterly of Stockdale
Highway and Coffee Road.
Map of Tract No. 4540 with Stockdale Partners,
is located north of District Boulevard, east
of Stine Canal.
Maps of Tract No. 4568, Unit 2; Tract No.
4593; and Tract No. 4610; and Improvement
Agreements with Tenneco Realty Development
Corporation for construction of improvements
therein. Tract 4568, Unit 2 is located on
the east side of Gosford Road, south of
Stockdale Highway. Tract 4593 is on the
south side of District Boulevard between
Fosford Road and Old River Road. Tract
4610 is located on the south side of Ming
Avenue east of Old River Road.
Notices of Completion and Acceptance of
Work on:
Construction of improvements on the Land-
fill Access Road, Contract No. 83-143, with
Granite Construction Company.
Tract No. 4181, Contract No. 82-169, with
Loma Vista Construction, located at south-
west corner of Fairview Road and Hughes
Lane.
Tract No. 4532, Contract No. 82-126, with
Barrett Northern California, Inc., located
at Fairview Road and Osborn Street.
Parcel Map No. 5179, Contract No. 83-122,
with Peter P. Mosesian and Vons Grocery
Company, located at Real Road and Wilson
Road.
Application for Encraochment Permit from
Russell E. Dean, 13605 Warrenton Avenue,
for construction of an 18 inch high retain-
ing wall along the back of the sidewalk at
13605 Warrenton Avenue.
Application for Encroachment Permit from
Dianne Eash, 1001 Oberlin Court, Bakers-
field, for the construction of a 6 foot
high wood fence on the side yard along
Annapolis Drive, 5 feet from the curb at
1001 Oberlin Court.
Plans and Specifications for construction
of Phase I of 2800 Acre Groundwater Re-
charge Facility consisting of river weir,
headgate and earthwork.
Plans and Specifications for the recon-
struction of Calloway River Weir located
1/4 mile west of Chester Avenue.
Bakersfield, California, November 9, 1983 - Page 7 445
(t)
Plans for Median Modifications at Cali-
fornia Avenue and Chester Lane; Cali-
fornia Avenue and Mohawk Street; and
Stine Road and Ming Avenue.
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(q), (r), (s) and (t), of the Consent Calendar, were adopted by
the following roll call vote:
Ayes: Councilmen Rockoff,
Ratty,
Noes: None
Absent: None
Upon
Barton, Christensen, Means, Payne,
ACTION ON BIDS
a motion by Councilman Payne, bid of Urners Appli-
ance Center, in the amount of $5,316.70, for video equipment for
Fire Training Center, was accepted.
Upon a motion by Councilman Rockoff, low bid of Webb
Electrical Construction, in the amount of $55,734, for traffic
signal system on Bernard Street at Oswell Street, was accepted,
all other bids rejected, the Mayor was authorized to execute the
contract, and authorization granted to use $15,734 available in
Account No. 34-77500-292-1093.
Upon a motion by Councilman Means, low bids of Bower
Wholesale Company (one line item), in the amount of $4,437.16 and
The Ammo Dump (eight line items), in the amount of $442.57, for
ammunition, were accepted and all other bids rejected.
Upon a motion by Councilman Ratty, low bids of Van Waters
and Rogers (two line items),
Chemical (three line items),
Chemical (one line item), in
in the amount of $3,374.25; Target
in the amount of $4,860.90, and Helena
the amount of $5,571.36, for chemicals
for weed control, were accepted and all other bids rejected.
Upon a motion by Councilman Rockoff, low bid of Highway
Sign and Supply Company, in the amount of $4,501.29, for signs and
aluminum plates, was accepted and all other bids rejected.
Bakersfield,
California,
November 9, 1983 - Page 8
Upon a motion by Councilman Barton, low bid of ISCO,
Inc., in the amount of $4,757.28, for refrigerated composite
sampler for Water Resources Department, was accepted and the other
bid rejected.
Upon a motion by Councilman Payne, low bid of Davis
Company (one line item) in the amount of $6,217.70, and Pacific
International Merchandising Corporation (one line item) in the
amount of $449.65, for fifteen weapons, Colt #0811iFS, for the
Police Department, were accepted and all other bids rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 2882 New
Series of the Council of the City of
Bakersfield amending Section 17.06.020
of Title 17 of the Municipal Code chang-
ing the Land Use Zoning of those certain
properties in the City of Bakersfield
located southeast of the intersection of
Harris Road and Stine Road; and making
findings in connection with a P.U.D.
Zone.
The application for this amendment was made by Sequoia
Engineering, Inc., and would change subject properties from an
MH (Mobilehome) Zone to a P.U.D. (Planned Unit Development) Zone,
consisting of 62 detached single family dwellings.
The Planning Commission recommended approval of this
amendment, subject to 10 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. 2882 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 southeast of the intersection of
Harris Road and Stine Road; and making findings in connection with
a P.U.D. Zone, finding said zoning consistent with the General Plan,
were adopted by the following roll call vote:
Ayes: Councilmen Rockoff,
Ratty
Noes: None
Absent: None
Barton, Christensen, Means, Payne,
447
Bakersfield, Cal±forn±a, November 9, 1983 - Page 9
Adoption of Ordinance No. 2883 New
Series of the Council of the City of
Bakersfield amending Section 17.08.175
C. of the Bakersfield Municipal Code
relative to clear Sight View.
This amendment clarifies wording in the Ordinance and
does not change any of the standards requiring clear sight distances
at controlled intersections.
Following a public hearing held October 6, 1983, the Plan-
ning Commission, by their Resolution No. 67-83, approved and recom--
mended adoption by the City Council.
Upon a motion by Councilman Ratty, Ordinance No. 2883 of
the Council of the City of Bakersfield amending Section 17.08.175 C.
of the Bakersfield Municipal Code relative to Clear Sight View, was
adopted by the following roll call vote:
Councilmen Rockoff, Barton, Christensen, Means, Payne,
Ratty
Ayes:
Noes: None
Absent: None
NEW BUSINESS
First reading of an ordinance of the
City of Bakersfield repealing Sections
10.48.030 and 10.48.040 of the Bakers-
field Municipal Code relative to
Pedestrians.
This ordinance repeals two sections dealing with matters
covered by and preempted by the California Vehicle Code. Since
ordinances addressing matters preempted by the State are unenforceable
the two affected sections should be repealed.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield repealing Sections 10.48.030 and
10.48.040 of the Bakersfield Municipal Code relative to Pedestrians.
Adoption of Resolution No. 125-83 of
the Council of the City of Bakersfield
authorizing City Manager to make appli-
cation for Block Grant under Roberti-
Z'berg Open Space and Recreation Program.
The State has
Roberti-Z'berg funds in
the City of Bakersfield
notified the Public Works Department that
the amount of $6,142 have been set aside for
for park improvements. These funds will be
448
Bakersfield, California, November 9, 1983 - Page 10
used for lighting improvements for energy conservation at various
City parks. This project is included in the present capital improve-
ment program.
Upon a motion by Councilman Christensen, Resolution No.
125-83 of the Council of the City of Bakersfield authorizing City
Manager to make application for Block Grant under Roberti-Z'berg
Open Space and R~creation Program was adopted by the following roll
call vote:
Ayes Councilmen Rockoff,
Ratty,
Noes None
Absent: None
There being
upon a motion by Councilman
at 7:35 P.M.
Barton, Christensen, ~leans, Payne,
ADJOURNMENT
no further business to come before the Council,
Christensen, the meeting was adjourned
AYOR o~~~ C~Tty of Bakersfield, Calif.
ATTEST:
/ /
CITY CLERK and ~x Offycio Clerk of the Council
of the City of Bakergfield, California
CW
Bakersfield, California, November 16, 1983
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 P.M., November 16, 1983.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Reverend Larry Chapman
of the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Barton, Christensen,
Ratty, Rockoff
Absent: Councilman Means
Minutes of the regular meeting of November 9,
approved as presented.
Payne,
1983, were
NEW BUSINESS
Reception of Certificate of Election
from Kern County Clerk of Results of
General Municipal Election for the
Office of Councilman in the Second,
Fifth and Sixth Wards, Special Muni-
cipal Election for the unexpired
term of Councilman in the First Ward
and Special Municipal Election for
City Measures "A" and "B", held on
the 8th day of November, 1983.
Upon a motion by Councilman Payne, Certificate of
Election from Kern County Clerk of Results of General Municipal
Election for the Office of Councilman in the Second, Fifth and
Sixth Wards, Special Municipal Election for the unexpired term of
Councilman in the First Ward and Special Municipal Election for
City Measures "A" and "B", held on the 8th day of November, 1983,
was received, ordered placed on file and spread in full in the
minutes
Bakersfield, California, November 16, 1983 - Page 2
CERTIFICATE OF KERN COUNTY CLERK TO
RESULT OF CANVASS OF CITY OF BAKERS-
FIELD GENERAL MUNICIPAL ELECTION
HELD NOVEMBER 8, 1983.
State of California)
) ss
County of Kern )
I, GALE S. ENSTAD, duly elected and acting County
Clerk-Recorder do hereby certify that I have canvassed
the returns of the General Municipal Election held on
November 8, 1983 in the City of Bakersfield and that the
total number of votes cas~ for candidates in Wards 2, 5,
and 6, and votes cast for and against the charter amend-
ments, Measures A and B, city wide, and in each of the
respective precincts therein, are as shown on the state-
ment of the vote attached hereto and made part of this
certification, and the totals in said statement are full,
true and correct.
IN WITNESS WHEREOF, I have hereunto set my hand this
16th day of November, 1983.
/s/GALE S. ENSTAD
GALE S. ENSTAD
County Clerk-Recorder
451
Bakersfield, California, November 16, 1983 - Page 3
CERTIFICATE OF KERN COUNTY CLERK TO
RESULT OF CANVASS OF CITY OF BAKERS-
FIELD SPECIAL MUNICIPAL ELECTION -
WARD 1 HELD NOVEMBER 8, 1983.
State of California)
) ss
County of Kern )
I, GALE S. ENSTAD, duly elected and acting County
Clerk-Recorder do hereby certify that I have canvassed
the returns of the Special Election held on November 8,
1983 in the City of Bakersfield - Ward 1, and that the
total number of votes cast for candidates in said Ward,
and in each of the respective precincts therein, are as
shown on the statement of the vote attached hereto and
made part of this certification, and the totals in said
statement are full, true and correct.
IN WITNESS WHEREOF, I have hereunto set my hand this
16th day of November, 1983.
/s/GALE S. ENSTAD
GALE S. ENSTAD
County Clerk-Recorder
452
Bakersfield, California, November 16, 1983 - Page 4
STATEMENT OF ALL VOTES CAST
AT THE
GENERAL MUNICIPAL ELECTION
AND
SPECIAL MUNICIPAL ELECTIONS
HELD
NOVEMBER 8, 1 9 8 3
CITY OF BAKERSFIELD
STATE OF CALIFORNIA
Bakersfield, California, November 16, 1983 - Page 5
GENERAL MUNICIPAL ELECTION
NOVE~BER 8, 1983
WARD NO. 2
CONS.
PRECINCT REGISTERED
NO. VOTERS
VOTES
CAST CHRISTENSEN FOTH
McCABE
27 699 221 127
28 716 231 140
29 697 190 111
30 373 96 48
31 541 85 50
32 587 130 48
33 563 159 86
34 393 38 19
35 42 23 11
36 320 46 26
37 639 82 47
38 547 77 51
39 629 110 66
40 418 63 43
41 308 55 34
42 9 4 2
43 2 1 0
Absentees
TOTAL 7,483
PERCENT 23.2%
130 69
1,741 978
83 5
79 2
67 4
36 3
29 5
74 4
66 2
13 4
9 1
13 4
19 l0
17 0
39 3
12 1
ll 2
0 2
0 1
46 9
613 62
WARD NO. 5
CONS.
PRECINCT REGISTERED
NO. VOTERS
VOTES
CAST g{ENDOZA
MOORE
44 539 97 10 82
45 540 134 17 113
46 650 140 17 109
47 27 7 0 6
48 823 121 20 90
49 349 70 8 54
50 820 168 19 130
51 406 89 14 68
52 633 217 7 206
53 761 222 5 215
54 666 154 12 137
55 479 49 6 39
56 55O 55 10 43
57 505 122 8 111
58 435 73 3 65
59 580 208 7 198
60 576 212 8 198
Absentees
TOTAL 9,339
PERCENT 24.8%
186 22 148
2,324 193 2,012
BakersfJeld~ California. November 16, 1983 - Page 6
GENERAL MUNICIPAL ELECTION
NOVEMBER 8, 1983
WARD NO. 6
CONS.
PRECINCT REGISTERED VOTES
NO. VOTERS CAST BAILEY DICKERSON HINDENBURG PAYNE
61 685 98 16 20 8 48
62 35 11 3 0 0 6
63 948 247 13 156 19 55
64 820 195 13 53 l0 ll3
65 707 154 15 86 7 43
66 676 95 15 25 11 42
67 699 136 8 33 30 59
68 569 159 8 41 42 67
69 615 137 8 51 24 50
70 541 103 14 24 13 47
71 410 86 4 14 8 52
72 506 99 13 21 17 33
73 432 88 7 20 14 38
Absentees 87 22 27 4 29
TOTAL 7,643 1,695 159 571 207 682
PERCENT 22.1%
SPECIAL MUNICIPAL ELECTION
NOVEMBER 8, 1983
WARD NO. 1
CONS.
PRECINCT REGISTERED VOTES
NO. VOTERS CAST CHILDS DEAN POWELL ROBINSON WILLIAMS
13 4
14 763 219 114 23 63 1 5
15 335 106 63 14 11 0 2
16 737 239 71 55 93 i 2
17 607 227 97 49 60 i 4
18 646 178 61 40 66 1 2
20 801 217 117 15 61 3 4
21 826 267 159 25 57 ll 0
22 810 196 109 20 51 3 3
23 569 123 85 5 19 5 1
24 525 158 88 9 51 1 1
25 780 126 75 13 25 2 4
26 381 67 42 4 13 1 2
Absentees 86 49 14 11 1 3
TOTAL 7,784
PERCENT 28.3%
2,209 1,130 286 581 31 33
Bakersfield, California, November 16, 1983 - Page 7
SPECIAL MUNICIPAL ELECTION
NOVEMBER 8, 1983
CHARTER AMENDMENTS CITY WIDE
CONS.
PRECINCTS
NO.
REGISTERED VOTES MEASURE "A" MEASURE "B"
VOTERS CAST YES NO YES NO
All 60,961
PERCENT 20.7%
12,672 7,765 4,220 7,343 . ~,597
Adoption of Resolution No. 126-83 of
the Council of the City of Bakers-
field declaring the results of
Canvass of Returns of the General
Municipal Election for the Office of
Councilman in the Second, Fifth and
Sixth Wards, Special Municipal
Election for the unexpired term of
Councilman in the First Ward and
Special Municipal Election for City
Measures "A" and "B", held on the
8th day of November, 1983.
Upon a motion by Councilman Christensen, Resolution No.
126-83 of the Council of the City of Bakersfield declaring the
results of Canvass of Returns of the General Municipal Election
for the Office of Councilman in the Second, Fifth and Sixth Wards,
Special Municipal Election for the unexpired term of Councilman in
the First Ward and Special Municipal Election for City Measures
"A" and "B", held on the 8th day of November, 1983, was adopted by
the following roll call vote:
Ayes: Councilmen Barton, Christensen,
Noes: None
Absent: Councilman Means
The results of the General
follows:
WARD NO. 2:
J. M. "Chris" Christensen
D. Jeanne Foth
Roger Elwood McCabe
Payne, Ratty, Rockoff
Municipal Election were as
978
613
62
456
Bakersfield, California, November 16, 1983 - Page 8
WARD NO. 5:
Jose Mendoza 193
Rowland Wesley Moore 2,012
WARD NO. 6:
Nancy Bailey 159
Mark M. Dickerson 571
Bruce James Hindenburg 207
Thomas Anthony Payne 682
The results of the Special Municipal Election for the
unexpired term of Councilman were as follows:
WARD NO. l:
James Henry Childs 1,130
Marvin Dean 286
Art Powell, Jr. 581
Henry Lee Crisp Robinson II 31
Ronald Lumore Williams 33
The results of the Special }~unicipal Election for the
Charter Amendments were as follows:
Measure "A"
Measure "B"
The following persons are hereby
YES NO TOTAL
7,765 4,220 11,985
7,343 4,597 11,940
declared to be elected
to
the office of City Councilman for
J. M. "CHRIS" CHRISTENSEN
ROWLAND WESLEY MOORE
THOMAS ANTHONY PAYNE
a full term of four years:
SECOND WARD
FIFTH WARD
SIXTH WARD
The following person is hereby declared to be elected
to the office of City Councilman for an unexpired term:
JAMES HENRY CHILDS FIRST WARD
The results of the Special Municipal Election for the
Charter Amendments were as follows:
MEASURE "A" PASSED
MEASURE "B" PASSED
ADJOURNMENT
There being no further business to come before the 34th
Council of the City of Bakersfield, upon a motion by Councilman
Christensen, the Council was adjourned.
Bakersfield, California, November 16, 1983 - Page 9
NEWLY ELECTED COUNCIL ~EMBERS SWORN
IN BY ASSISTANT CITY CLERK
Assistant City Clerk Anderson administered the Oath of
Office to the following newly elected Councilmen:
Present:
Absent:
James Henry Childs
J. M. "Chris" Christensen
Rowland Wesley Moore
Thomas Anthony Payne
Councilman First Ward
Councilman Second Ward
Councilman Fifth Ward
Councilman Sixth Ward
Mayor Shell convened the 35th Council of the City of
Bakersfield at this time.
The City Clerk called the roll as follows:
Mayor Shell. Councilmen Barton, Childs, Christensen,
Moore, Payne, Ratty, Rockoff
None
SCHEDULED PUBLIC STATEMENTS
Mr. Rudy Arambula, South Bakersfield Kiwanis Club,
presented Mayor Shell with a Sterling Silver Official Bakersfield
Belt Buckle.
Mayor Shell accepted the Belt Buckle on behalf of the
City of Bakersfield and thanked the South Bakersfield Kiwanis Club
for their generous gift.
Peggy Buckley, 4235 Bonaire Street, Officer of the
California Association of Community Colleges and member of the
Political Action Committee of Bakersfield College, stated a~ the
last Council Meeting action was taken on a Legislative Committee
report regarding State Funding for Community Colleges. Several
Councilmen indicated strong support for adequate State funding,
however, the action taken by the Council gave the impression that
the support was less than enthusiastic. Mrs. Buckley clarified
the issue the Council is being requested to support in case there
may have been a misunderstanding. Mrs. Buckley presented a copy
of a resolution of the Kern Community College District Board of
Trustees encouraging the Legislature to meet immediately to resolw~
the California Community College financial crisis and requested the
Council adopt a similar resolution and communicate their support to
the Legislators.
Bakersfield,
California, November 16, 1983 - Page 10
Adoption of Resolution No. 127-83 of
the Council of the City of Bakers-
field urging resolution of the Kern
Community College Crisis.
Councilman Payne stated he looked into this matter and,
along with Councilman Barton, wrote a letter to Governor Deukmejia~.,
as a private individual, requesting restoration of the $108,000,000.
The Legislative Committee did not fully comprehend the community
college's position on this legislation. Councilman Payne recom-
mended that this matter be referred back to the Legislative
Committee for further consideration.
Councilman Barton presented a copy of his letter to
Governor Deukmejian to Mrs. Buckley and stated he supports sending
this matter back to the Legislative Committee for reconsideration.
Councilman Rockoff stated he was not aware of the details
of Mrs. Buckley's request until tonight and he would be willing to
act on the resolution tonight.
Upon a motion by Councilman Rockoff, Resolution No.
127-83 of the Council of the City of Bakersfield urging resolution
of the Kern Community College Crisis, was adopted by the following
roll call vote and copies of the resolution are to be forwarded to
the Governor and Legislature:
Ayes: Councilmen Barton, Childs, Christensen, Moore, Payne,
Ratty, Rockoff
Noes None
Absent: None
Reverend Ralph Anthony, President of Lakeview Corporation,
requested that he or his attorney be allowed to speak at the time
the Lakeview Rezoning issue is heard.
Mr. Gary Gibson, President of Bakersfield Board of
Realtors, requested to be allowed to speak at the time the Lake-
view Rezoning issue is heard.
~r. Norman Walters, 3301 Dwight Street, expressed his
dissatisfaction with the Redevelopment Agency and land banking
Bakersfield, California, November 16, 1983- Page
that results in loss of tax revenues. Mr. Wa~ters stated the
business people in the downtown area are being held back by the
Redevelopment Agency and not knowing what the future holds.
CORRESPONDENCE
Upon a motion by Councilman Rockoff, communication from
Richard S. Calgu~ri, Mayor of Pittsburgh, A. Starke Taylor, Jr.,
Mayor of Dallas, Ronald F. Gillham, Mayor of Huntington Woods,
Bernie Simon, President of the City Council of Omaha, Lewis Murphy,
Mayor of Tuscon and Tom Volgy, Councilman of the City of Tuscon,
dated November 9, 1983, requesting support of a resolution to be
introduced at the National League of Cities Congress of Cities in
New Orleans on November 27-29, 1983, regarding Cable TV, was
received and referred to the Budget Review and Finance Committee.
Upon a motion by Councilman Christensen, communication
from Golden Empire Transit District, dated November 9, 1983, for-
warding their Proposed Revised Budget for Fiscal Year 1983-84, was
received and ordered placed on file.
Upon a motion by Councilman Payne, communication from
Mr. & Mrs. D. K. Sharma, 1423 Lake Street, dated November 10, 1983,
regarding a complaint against a Police Officer, was received and
referred to the Chief of Police.
COUNCIL STATEMENTS
Councilman Payne expressed his appreciation to all the
people who supported him during his recent campaign endeavors. He
particularly wanted to thank his wife Cheryl, two sons, unofficial
daughter Brenda and his Campaign Manager Cindi Moore, who stood
by him during this very hectic and trying campaign. Councilman
Payne also thanked Mayor Shell for the beautiful flowers.
Councilman Christensen welcomed Councilmen Childs and
Moore to the Council and stated he hopes they bring with them some
workable answers to the many problems facing the Council.
Councilman ~oore introduced his wife Dottie and thanked
her for all the help she rendered during his campaign for Councilman
Bakersfield, California, November 16, 1983 - Page
of the Fifth Ward; and thanked his Campaign Managers Milo Hall and
Mary Caratan, Precinct Chairman Hilaire Geraldine, workers, con-
tributors and electorate for their vote of confidence. Councilman
Moore pledged to do everything within his power to live up to the
trust and confidence bestowed upon him. He looks forward to
working with the Mayor and other Councilmen to solve the many severe
problems that lie ahead for this community.
Councilman Childs stated there are a lot of people he
would like to thank, particularly, Campaign Manager Lynn Edwards,
Co-Campaign Chairman John Fulton, Office Manager Diane Dotson,
Ralph Coston, Joe Coley, Publisher of the News Observer, and Opal
Buchanan. Councilman Childs promised that Ward 1 will work together
with the rest of the Council to make this the best City Council the
City of Bakersfield has ever had.
Councilman Rockoff read into the record the following
paragraph from an article appearing in the Sunday, November
1983, issue of the Bakersfield Californian:
"According to the California analysis of the
report, Bakersfield is able to spend a higher
portion of its' budget for such services as
Police, Fire, Storm Drains and Street Paving,
considered more essential services, by
keeping its management costs down and by
not offering any support for other costs of
municipal services, such as airport, golf
course and electric utility."
Councilman Rockoff stated much of this is a continuation
of prior Councils and present and prior administrations. Bakers-
field has been fortunate to have
general benefit of all citizens.
he hopes the same goals are kept
straight forward goals for the
There is now a new Council and
in mind, because there are many
problems to be solved. It is hoped that the Council sticks with
the issues, facts, and does not get personalities involved and then
there will, again, be paragraphs like this in the future.
Councilman Barton stated he furnished a proposed resolu-
tion to each Councilman supporting the League of California Cities'
position and most of the Governor's Task Force on Long-Term
Bakersfield, California, November 16, 1983 - Page 13
Financing for local governments. The resolution covers most of
the points supported by the League. It is being presented to the
Council for study and action at the Council Meeting of November
30, 1983.
Councilman Ratty stated at last month's Kern COG Meeting
a representative from the State Division of Highways informed them
that some of the 5% increase in the Gas Tax will be spent for
projects that otherwise would not be considered for cities. He
informed Kern COG that they should develop a series of priorities
in order to receive the money and have it programmed out, because
projects of major consequence takes years. It has come to his
attention that the project on Highway 178 between Freeway 99 and
"M" Street (23rd and 24th Streets), should be made a thoroughfare.
If downtown is to redevelop that problem will have to be solved.
Councilman Ratty made a motion that he be given permission
to request Kern COG to fund monies from the Transportation Act Fund
to study this proposal to find a solution to the problem for the
future. It will not have a financial impact on the City. This
motion was unanimously approved.
Councilman Ratty stated last spring there was a lot of
heated debate regarding the In-Lieu Parking Fees and it was
referred to a committee and is being discussed and a resolution
to that problem may be forthcoming. Councilman Ratfy stated he
feels something should be done about .it, because people do not
understand it and, possibly, it should be totally eliminated. He
just wanted to let the downtown people know the matter has not been
forgotten and it will be addressed.
Councilman Barton requested a report from the Director
of Public Works regarding the flooding situation on Sandra Drive.
Director of Public Works Hawley stated the Sandra Drive
Pump Station serves 162 acres or one-quarter square mile. The low
point along the entire drainage system is at the intersection of
Sandra and Meredith Drives. There is not a storm water disposal
Bakersfield, California, November 16, 1983 - Page 14
area in that vicinity, therefore, it is necessary to pump the
water into the Kern Island Canal, approximately one-half mile away.
Fortunately, the houses in the area are elevated and to his know-
ledge no flooding has occurred to the houses. However, flooding
in the streets is a nuisance and from time to time cuts off access
to some of the houses near that intersection. Also, maintenance
costs to the City are high and there has been occasions where the
flooding has caused damage to vehicles parked in the street. About
4 years ago a detailed study of that area was made and due to the
cost it was necessary to phase the construction in three phases.
Phase I was completed two years ago and Phase II w~s completed in
June of this year. Phase III, the last phase, was included in the
Preliminary Capital Improvement Program for Fiscal Year 1983-84,
however, during the budgeting process it was necessary to defer it
to fund other City operations. Phase III was estimated to cost
$175,000. Since installation of the 100 horsepower pump, which
was part of Phase II, there has been flooding at the intersection.
The operation of the pump has been observed during storm situations:
and it appeared to the Public Works Department that the new pump
recently installed was not functioning properly. The pump was
tested under field conditions, with the pump supplier observing
the testing. As a result the supplier has agreed to remove, dis-
assemble, repair and reassemble the pump. This is scheduled for
next Tuesday, if weather permits, and unless a major problem is
found the work should be completed in one day. With the 100 horse-
power pump operating properly there should be a 65% improvement in
the flooding problems that have occurred in this area. However,
to substantially improve the situation the City needs to proceed
with Phase III as soon as funds become available.
In answer to a question by Councilman Barton, Public
Works Director Hawley stated Phase III will be recommended by the
Public Works Department for the next Fiscal Year.
Bakersfield, California, November 16, 1983 - Page 15
Councilman Payne stated last week he requested that staff
investigate the possibility of using one of the Panama School
District structures to hold a Council Meeting in the 6th Ward, so
the Council and staff could address problems and questions raised
during the recent election campaign. City Manager Kelmar has
advised him that School Superintendent Williams is more than willing
to provide a facility. It has been agreed that Sandrini School
would be centrally located and could handle a large crowd of people.
City staff will be available to address all the Capital Improvement
Budgets and other budget and City related items.
Upon a motion by Councilman Payne, Wednesday, November
23, 1983, at 7:00 P.M. in the Sandrini School Library, 4100 Alum
Avenue, was the time and place set for a Special Council Meeting
to address issues related to Ward No. 6.
Councilman Childs stated he wanted to thank Jasephine
Triplet, Treasurer of his Campaign Committee, Vera Ward and his
wife for all their help during the campaign for election in the
First Ward. Councilman Childs also thanked Mayor Shell for the
flowers.
Geri Spencer addressed the Council regarding a resolutio~
commemorating the work of the late Dr. Martin Luther King, Jr., in
his courageous and affective leadership in the field of human
relations. This resolution is being submitted, with the approval
of the East California Advisory Committee and numerous persons in
the City of Bakersfield, requesting that the Council rename the
California Avenue Park and Neighborhood Facility in memory of Dr.
Martin Luther King, Jr.
Mr. Lynn Edwards presented the Council with copies of
the resolution and read it into the record as follows:
WHEREAS, the late Dr. Martin Luther King, Jr.,
has been recognized for his courageous and
affective leadership in the field of human
relations.
464
Bakersfield, California, November 16, 1983 - Page 16
WHEREAS, his dream of mankind living in harmony
and free of racial prejudice is a dream shared
by all persons of good conscience.
BE IT RESOLVED, that the City of Bakersfield,
deems it appropriate to accord recognition to
DR. KING, as follows:
BE IT RESOLVED, that the East California Avenue
Facility and Park be renamed in memory of DR.
MARTIN LUTHER KING, JR., and the advisory
committee of the building be authorized to
designate, subject to the approval of the
Director of Recreation, to name the seven
major rooms inside of the building in honor
of appropriate individuals.
SUPPORTED AND SUBMITTED BY:
Vernon D. Strong, Former City Councilman, 1st
Ward
James Childs, Newly-Elected City Councilman,
1st Ward
Irma Carson, Board of Education, BCSD
Sherman Tyler, Golden Empire Transit Board
Glenda Rust, Planning Commission
Johnnie M. Parker, Sunset Mayflower Progressive
Club
Lynn Edwards, Chairman, California Avenue
Advisory Committee
The following persons spoke in support of renaming
California Avenue Park and Neighborhood Facility to Dr. Martin
Luther King, Jr., Park and Dr. Martin Luther King, Jr., Community
Center:
Reverend George Lartigue, President of Black
American Political Association of California.
Reverend Lartigue requested that the record
show that this resolution is for the people
and for the people of the City of Bakersfield.
Mrs. Rebecca Wilson, representing the Executive
Board of the N.A.A.C.P.
Mrs. Georgia Hysaw
Adoption of Resolution No. 128-83 of
the Council of the City of Bakers-
field changing the name of California
Avenue Park and Neighborhood Facility
to Dr. Martin Luther King, Jr. Park
and Dr. Martin Luther King, Jr.
Community Center.
Bakersfield, California, November 16, 1983 - Page
Upon a motion by Councilman Childs, Resolution No.
128-83 of the Council of the City of Bakersfield changing the name
of California Avenue Park and Neighborhood Facility to Dr. Martin
Luther King, Jr. Park and Dr. Martin Luther King, Jr. Community
Center, was adopted by the £o~lowing roll call vote:
Ayes: Councilmen Barton, Childs, Christensen, Moore, Payne,
Ratty, Rockoff
Noes: None
Absent: None
Mrs. Johnnie Mae Parker, representing the Sunset May-
flower Progressive Club, outlined the history of the development
of the California Avenue Park and thanked the Council for renaming
the park.
Councilman Moore stated he also read the article in the
Bakersfield Californian last Sunday regarding the City's Budget and
commended the prior Council and staff. He feels it is incumbent
on the Council to continue to monitor the financial status of the
community. Councilman Moore requested, as part of an ongoing
budget review, that each Councilman give some thought as to what
information would best assist them in accommodating a real time
status of the City's financial picture and he will make a recom-
mendation at the next Council ~eeting.
Appointment of Council Standing
Committees.
Councilman Barton stated during the last year different
Councilmen have discussed the Council's Standing Committee structure.
Presently there are nine Council Committees and t.hey have been
restructured and renamed as follows:
Auditorium Committee to Auditorium and Com-
munity Services Committee - covering parks,
social services, etc.
Budget Review and Finance Committee and
Voucher Approval Committee to Budget
and Finance Committee.
Business Development and Parking Committee
to Growth and Development Committee.
Bakersfield, California, November 16, 1983 - Page 18
Water and City Growth Committee to Water
Resources Committee.
Governmental Efficiency and Personnel Committee
remain the same.
Intergovernmental Relations Committee remain
the same.
Legislative Committee remain the same, except
it will be comprised of three Councilmen.
Councilman Christensen stated the Energy Committee has
been deleted and should be considered somewhere, however, it is
very difficult to know where to put it. Councilman Christensen
requested that the Council consider this matter for action at a
later date.
Councilman Christensen proposed the appointment of the
following Council Standing Committees:
AUDITORIUM AND COMMUNITY SERVICES
J.M. "Chris" Christensen, Chairman
James Henry Childs
Arthur L. Rockoff
BUDGET AND FINANCE
Arthur L. Rockoff,
James J. Barton
Donald K. Ratty
Chairman
GOVERNMENTAL EFFICIENCY AND
PERSONNEL
Thomas A. Payne, Chairman
James Henry Childs
J.M. "Chris" Christensen
GROWTH AND DEVELOPMENT
James J. Barton, Chairman
Arthur L. Rockoff
Rollie Moore
INTERGOVERNMENTAL RELATIONS
Donald K. Ratty, Chairman
Rollie Moore
J.M. "Chris" Christensen
LEGISLATIVE
James Henry Childs,
Donald K. Ratty
Thomas A. Payne
Chairman
WATER RESOURCES
Rollie Moore, Chairman
Thomas A. Payne
James J. Barton
Upon a motion by Councilman Christensen, the assignment
of Council Standing Committees, as proposed, were approved.
In answer to a question by Councilman Rockoff, Councilman
Barton stated approval of the Council's representatives to the
Planning Commission and Kern County Council of Governments (Kern
COG),would be appropriate at this time.
Bakersfield, California, November 16, 1983 - Page
Councilman Christensen reminded the Council there are
numerous appointments that should be made to various Board and
Commissions. He did not want the Council to make the appointments
tonight, but consider persons for those appointments between now
and the next Council Meeting and submit names at that time for
consideration.
Mayor Shell stated the Council has an unofficial policy
of submitting names and resumes for a vacancy on a Board or Com-
mission at one meeting and take action at the following meeting.
Councilman Christensen stated he hopes that the Council
seriously considers submitting names of persons for appointment
to Board and Commissions who understand the problems and have the
expertise to serve on that Board or Commission.
Mayor Shell stated she hopes the Council will consider
open Committee Meetings.
REPORTS
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 14-83 regarding Attorney
for Water Issues, as follows:
The Governmental Efficiency and Personnel Com-
mittee recently met with the staff to consider
an additional position in the City Attorney's
Office to handle water-related matters.
Since the inception of the City's interest in
Kern River water, including the subsequent
purchase of Kern River water, the City has
engaged outside legal counsel. The City's
reliance on outside counsel has steadily in-
creased over the ensuing years. The cost for
these services in Fiscal Year 1982-83 was in
excess of ~129,000, and for the first three
months of this fiscal year (July through
September, 1983), the cost for outside legal
services was in excess of $45,000. It is
foreseeable that these legal costs will
continue to increase due to the ongoing legal
issues in the water community. By hiring a
staff Water Attorney we will have someone
readily available on a timely basis, and we
will be able to reduce the costs in the future
for outside counsel.
After consultation with the City Attorney, the
Committee believes that now is the appropriate
468
Bakersfield, California, November 16, 1983 - Page 20
time to consider hiring a full time attorney to
handle water matters. It will be necessary to
recruit an attorney with prior water litigation
experience. Consequently, it is recommended
that a position be established in the City
Attorney's Office at a salary schedule com-
mensurate with the position of Assistant City
Attorney. Funds for this position are avail-
able in the Water Resources Enterprise
account.
In order to effectuate this matter, we are
recommneding Council approval of this report,
approval of one additional Assistant City
Attorney-Water position at a monthly salary
range of $3,214 to $3,886, and approval of
the job specifications.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 14-83 regarding Attorney for
Water Issues, was accepted; additional position of Assistant City
Attorney-Water at a monthly salary range of $3,214 to $3,886, was
approved; and job specifications for Assistant City Attorney-Water,
were approved.
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 15-83 regarding Water
Department Reorganization, as follows:
Since the reorganization of the Department of
Water Resources last year, the new Director
has had an opportunity to evaluate the existing
organizational structure of this department.
Recently, this Committee met with the staff
to review a further reorganization which the
Director has recommended and one which we feel
has merit. Attached to this report is a copy
of the existing and the proposed organizational
chart. Be eliminating the position of one
Heavy Equipment Operator, the following changes
will result in a savings to the City of
approximately $15,000 and will provide for a
more manageable operation:
1. Eliminate one Heavy Equipment Operator
position.
2. Eliminate the Hydrographer I classifica-
tion.
3. Eliminate the Water Dispatcher classifi-
cation.
o
Create one Hydrographic Dispatcher
posiiton at a monthly salary range of
$1,289 to $1,567.
Bakersfield, California, November 16, 1983 - Page 21
o
Create one Water Supervisor III position
at a monthly salary range of $2,039 to
$2,484.
Reclassify two Water Supervisor positions
to Water Supervisor II at a monthly salary
range of $1,891 to $2,304.
Create a classification of Water Supervisor
I for underfilling purposes at a monthly
salary range of $1,625 to $1,981.
8. Reclassify the Secretary II classification
to Personnel Clerk at no change in salary.
In order to implement these changes, we are recom-
mending Council approval as follows:
1. Acceptance of this report.
2. Approval o£ the changes in the salary
resolution.
Approval o£ job specifications for Hydro-
graphic Dispatcher, Water Supervisor III,
Water Supervisor II, and Water Supervisor
I.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 15-83 regarding Water Department
Reorganization. was accepted; and job specifications for Hydrographic
Dispatcher, Water Supervisor III, Water Supervisor II and Water
Supervisor I, were approved.
Adoption of Resolution No. 129-83 of
the Council of the City of Bakers-
field amending Resolution No. 99-83
setting salaries and related bene£its
for Officers and Employees of the
City of Bakersfield.
Upon a motion by Councilman Payne, Resolution No. 129-83
of the Council of the City of Bakersfield amending Resolution No.
99-83 setting salaries and related benefits for Officers and
Employee~ of the City of Bakersfield, was adopted by the following
roll call vote:
Ayes:
Councilmen Barton, Childs, Christensen, Moore, Payne,
Ratty, Rockoff
Noes: None
Absent: None
470
Bakersfield, California, November 16, 1983 - Page 22
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 16-83 regarding Data
Processing Reorganization, as follows:
During the last two months the City's new
Information Systems Manager has had an oppor-
tunity to assess the staffing needs of the
Data Processing Division. At the present time
a vacancy exists in a supervisory position
which the Manager feels could be better
utilized by downgrading this classification
to a Senior Programmer/Analyst. By doing so
the City would not be totally dependent on
the present programmer to do all of the
necessary programming of the computer. This
position would also be available to provide
backup assistance to the computer operator.
The Governmental Efficiency and Personnel
Committee has met with the staff regarding
this matter, and we are of the opinion that
these changes will result in a more efficient
operation at a savings to the City of approxi-
mately $10,500 annually. Therefore, we are
recommending Council approval as follows:
1. Acceptance of this report.
2. Eliminate the classification of Computer
Operations Supervisor.
Create the classification of Senior
Programmer/Analyst at a monthly salary
range of $2,091 to $2,548.
Change the title of the existing Data
Processing Programmer classification to
Programmer/Analyst.
St
Approve the job specifications for the
classification of Senior Programmer/
Analyst.
6. Approval of the changes in the salary
resolution.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 16-83 regarding Data Processing
Reorganization, was accepted; classification of Computer Operations
Supervisor, was eliminated; classification of Senior Programmer/
Analyst at a monthly salary range of $2,091 to $2,548, was approved;
title of existing Data Processing Programmer classification to
Programmer/Analyst, was approved; and job specifications for
classification of Senior Programmer/Analyst, were approved.
Bakersf±eld, Cal±forn±a, November 16, 1983 - Page 23
Adoption of Resolution No. 130-83 of
the Council of the City of Bakers-
field amending Resolution No. 99-83
setting salaries and related benefits
for Officers and Employees of the
City of Bakersfield.
Upon a motion by Councilman Payne, Resolution No. 130-83
of the Council of the City of Bakersfield amending Resolution No.
99-83 setting salaries and related benefits for Officers and
Employees of the City of Bakersfield, was adopted by the following
roll call vote:
Ayes:
Councilmen Barton, Childs, Christensen, Moore, Payne,
Ratty, Rockoff
Noes: None
Absent: None
CONSENT CALENDAR
The following items were listed on the Consent Calendar.
(a) Allowance of Claims Nos. 2155 to 2308,
inclusive, in the amount of $341,891.71.
(b)
Application for Encroachment Permit from
Westar & Associates, 4425 Jamboree Road,
Newport Beach, California, for construc-
tion of a 6 foot high "screen wall" fence
behind sidewalk area on north side of the
"unnamed" street connecting Balboa Drive
and Palmacia Drive, south of White Lane.
(c)
Application for Encroachment Permit from
Coleman Company, 4301Stine Road, P.O.
Box 9336, Bakersfield, for construction
of a temporary wrought iron type fence
surrounding a new home model complex
located behind sidewalk on Chaucer Street
and Southampton Boulevard, at 8208, 8204,
8200, 8120 and 8112 Chaucer Street.
(d)
Plans and Specifications for the City of
Bakersfield Communication Tower, located
northeast of Bakersfield, 9 miles from
the intersection of Rancheria Road and
Freeway 178.
Upon a motion by Councilman Rockoff, Items (a), (b), (c
and (d) of the Consent Calendar, were adopted by the following
roll call vote:
Ayes:
Councilmen Barton, Childs, Christensen, Moore, Payne,
Ratty, Rockoff
Noes: None
Absent: None
Bakersfield, California, November 16, 1983 - Page 24
ACTION ON BIDS
Upon a motion by Councilman Payne, low bid of Crown
Industries, in the amount of $7,870.50, for Auditorium Booth
Drapes, was accepted and all other bids rejected.
Upon a motion by Councilman Ratty, bid of Doff-Oliver,
Inc., in the amount of $24,464.84, for repair parts £or Sludge
Digestor for the Water Resources Department, was accepted.
Upon a motion by Councilman Payne, low bid of Advanced
Electronics, in the amount of $10,059.82, for noise cancelling
microphones and crystal filters for Police Department, was accepted
and the other bid rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 2884 New
Series of the Council of the City of
Bakersfield repealing Sections
10.48.030 and 10.48.040 of the
Bakersfield Municipal Code relative
to Pedestrians.
Upon a motion by Councilman Payne, Ordinance No. 2884
New Series of the Council of the City o£ Bakersfield repealing
Sections 10.48.030 and 10.48.040 of the Bakersfield Municipal Code
relative to Pedestrians, was adopted by the following roll call
vote:
Ayes:
Councilmen Barton,
Ratty,
Noes: None
Absent: None
Childs, Christensen, Moore, Payne,
Rockoff
Deferral of action on Lakeview
Neighborhood Revitalization Strategy
and Rezoning.
At the Council Meeting of August 24, 1983, the City
Council deferred until this meeting, for discussion purposes, the
Lakeview Neighborhood Revitalization Strategy and Rezoning.
Councilman Childs stated at the Council Meeting of
August 24, 1983, the Council delayed any proposed rezoning per-
taining to the Lakeview Revitalization Strategy until a Councilman
for the First Ward was seated.
During the hectic election campaign
if: ~ ·
Bakersfield, California, November 16, 1983 - Page 25
there was not time for any of the candidates to make an indepth
study with staff on the different proposals for the revitalization
of the Lakeview Area.
Upon a motion by Councilman Childs, action on the Lake-
view Neighborhood Revitalization Strategy and Rezoning. was delayed
for 90 days.
Lawrence Teeter, Attorney representing the Lakeview
Community Corporation, expressed some of the concerns people in
the neighborhood have regarding the existing plan, so they can be
considered during the study process. The Planning Commission
rejected a down zoning from R-1 to R-2 in the residential portion
of the Lakeview Area and down zoning of the commercial strip from
C-2 to R-2. There are some serious political ends and legal
concerns that arise in connection with both components of this
plan that should be considered during the 90 day period. The
commercial aspect would obliterate the only area in the City of
Bakersfield that constitutes a black business district. That
raises some disturbing political questions as well as possible
problems under the Federal Civil Rights Act, because the proponents
of that plan had contemplated using that strip of land for
construction of a large number of low-income, HUD subsidized,
housing developments. Although housing for the poor is definitely
an objective that should rate very high, particularly with the
current status of the economy, the Federal Courts have imposed
upon HUD and City governments, an affirmative duty to avoid the
creation of over-concentration of subsidized units in minority
and poor communities. Concentration of such units in minority or
poor communities reinforces existing patterns of racial segregation
in residential communities and, therefore, violates the 1968
Civil Rights Act, subjecting a City and any of its agencies,
which authorizes such over concentration, to possible liability.
The residential component of the plan--it is very unusual for a
residential community to be faced with that kind of down zoning.
Generally, the zoning is raised to permit increased density in
Bakersfield, California, November 16, 1983 - Page 26
residential communities. It is rarely lowered. When people
purchase a property that is zoned R-2 they do so with the expectation
of adding a unit on the property. When government comes along,
after people have relied on existing zoning and remove that
possibility from the purview of potential land uses. it under-
mines the expectation that prompted the purchase to begin with.
There is a clear element of unfairness in that. The impact of
such down zoning would lower property values. It is hoped when
an alternative plan is considered the Council seriously considers
the concerns he expressed.
CLOSED SESSION
Upon a motion by Councilman Rockoff, the Council recessed
to a Closed Session at 8:55 P.M. to discuss a personnel matter.
The regular meeting was reconvened at 10:15 P.M.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 10:16 P.~4.
ATTEST:
PHILIP KELMAR
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
! ~ I ~SSISTANT CITY CLERK
ma
Bakersfield, California, November 23, 1983
Minutes of a special meeting of the Council of the City
of Bakersfield, California, held in the Sandrini Elementary School
Library, 4100 Alum Avenue, at 7:00 P.M., November 23, 1983.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance.
Present:
Absent:
The City Clerk called the roll as follows:
Mayor Shell. Councilmen Childs, Christensen, Moore,
Payne, Ratty, Rockoff, Barton
None
Mayor Shell introduced the Council and staff to the
residents of the 6th Ward.
DISCUSSION REGARDING WARD NO. 6
City Manager Kelmar explained the process of establishing
priorities for projects to be included in the Capital Improvement
Budget, which includes streets, sewers, storm drains, parks,
traffic signals, etc. The Capital Improvement Budget is then sub-
mitted to the Planning Commission for review and then sent to the
Council for hearing and final approval. The 10 Year Capital
Improvement Program, for this Fiscal Year, was in excess of
$77,000,000 and the funds available are approximately $5,000,000
per year. Half of those funds are received from the Federal
Revenue Sharing Program and, hopefully, that Program will be con-
tinued for another 3 years. Projects with the highest priorities
are selected from the requests made by various City departments
and that is a very difficult task.
Director of Public Works Hawley, referring to a map of
the 6th Ward, outlined various traffic signals and street con-
struction projects in the current year's Capital Improvement Budget.
Major intersections within the 6th Ward are being monitored to
determine if traffic signals are warranted; such as, White Lane and
Stine Road, Planz and Akers Roads, Planz and Stine Roads and Planz
Road and Hughes Lane. Studies for the intersection of White Lane
and Stine Road indicate that it now meets the warrants for a traffic
Bakersfield, California, November 23, 1983 - Page 2
signal, which will be recommended for funding in the next Fiscal
Year, as well as others that meet the warrants.
Mrs. Stephanie Thiessen a~ked if there is currently a
project to widen Stine Road between Planz Road and White Lane.
Director of Public Works Hawley stated that particular
project is not in the current Capital Improvement Program.
Mr. Earl Keefer asked about the traffic situation at
the intersection o£ Wible Road and Pacheco Road on Sundays.
Director of Public Works Hawley stated that is one of
the intersections that is within this year's Capital Improvement
Program. One of the items is realignment of that intersection due
to an offset.
Traffic Engineer Hahs outlined the warrants that must be
met before a traffic signal or stop sign can be approved. Warrants
are minimum traffic conditions that indicate a possible need for
various traffic controls. Mr. Hahs referred to several manuals
that are used for guidelines to determine the need for traffic
controls. They have had reports on the intersection of Wible and
Pacheco Roads and it presently does not meet the warrants. Due
to the offset of that intersection he is not sure a multi-way stop
sign would be an appropriate device.
Mr. Mark Dickerson stated he understands there is not a
complete traffic count on traffic turning movements at the inter-
section of Pacheco and Wible Roads.
Traffic Engineer Hahs stated the City does not have a
turning movement count at that location.
Mr. Dickerson stated because of the people in his area
who have to use that intersection at various times during the
weekends, when Swap-O'Rama and the Drive-Inn are operating and
due to the offset and railroad tracks, he would hope the Council
and staff would re-evaluate and complete the background study on
traffic flow at that intersection.
Bakersfield, California, November 23, 1983 - Page 3
Mr. Dickerson, in regards to the three traffic signals
being proposed at the Council Meeting of November 30, 1983, stated
he has reservations about the signalsat "H" Street and White Lane
and Ashe Road and White Lane, because there is twice the traffic
flow at the intersectionsof White Lane and Stine Road and White
Lane and Planz Road. Mr. Dickerson felt the traffic signals should
be installed at the intersections of White Lane and Stine Road and
White Lane and Planz Road, instead of the ones being proposed. Mr.
Dickerson also commented on the Harris Road construction project.
Director of Public Works Hawley outlined the Street
Maintenance Program and storm drainage problems pertaining to the
6th Ward.
Director of Public Works Hawley, referring to a map,
pointed out several parks adjoining the 6th Ward, however, there
are no parks in that Ward. Several years ago the City established
a policy of not acquiring parklands until provisions were made for
construction and maintenance of the park. The City also established
a procedure for forming Maintenance Districts for parks, if the
residents in the area wanted it. Since that time eight Maintenance
Districts have been formed where the parks have been constructed by
the developer, or, in some cases, by State Park Bond Funds that
were available, where the benefiting homeowners pay an annual fee
for maintenance. To date this has been done on a voluntary basis,
where the developer constructs the park and the property owners
pay maintenance costs. The City is working on a Recreational
Element to the General Plan, which, if adopted, would require the
developer to set aside land or in-lieu fees for acquiring and
developing parks. The Recreational Element would not apply to
tracts already filed. There is a need for parks south of Pacheco
Road. The staff has met with the developer of a large parcel west
of Stine Road and it has been recommended that a park be constructed
as part of that development. The area east of Stine Road is mostly
Bakersfield, California, November 23, 1983 - Page 4
small tracts and it would not be economically feasible for one
developer to set aside land and develop a park.
Mr. Dickerson suggested that the City sell the surplus
5 or 6 acres of land off Akers Road and 3 acres adjacent to Green-
field School and use the funds to purchase an area large enough
for a park, adjacent to Harris Road or south of Pacheco Road, east
of Stine Road.
Public Works Director Hawley stated several years ago
the City and County had a cooperative project for construction of
a drainage system and acquired property for the drainfield, which
is the property ~r. Dickerson referred to. There has been dis-
cussion about developing that property as a park. It is the City's
policy not to construct parks, unless property owners in the area
form a Maintenance District to maintain it. More thought will have
to be given to see if it is desirable to sell one property to
acquire another. The other parcel, on Pacheco Road, is in a similar
situation as the one along Harris Road. There are a lack of parks
in that particular area. The City owns another small parcel,
which is also part of a drainfield, that could be sold or developed
as a mini park, depending on whether or not the residents in the
area want to form a Park Maintenance District to maintain it.
Mr. Keefer asked why the City permits development if
parks are not going to be developed.
Public Works Director Hawley stated the Council and staff
are concerned about areas being developed without parks and that is
why the City established a procedure whereby Park Maintenance
Districts can be formed. Staff has been directed to prepare a
Recreational Element of the General Plan to provide a mechanism to
require developers to set aside land or pay a fee. At the present
time the City cannot require a developer to set aside land and
develop a park, unless it is of benefit to that property only.
Mr. Keefer asked why the City cannot provide a City
maintained park for their area, like they are provided in other
areas of the City.
Bakersfield, California, November 23, 1983 - Page 5
Councilman Rockoff stated Proposition 13 changed a lot
of things. Property taxes would have been a lot higher today than
they were 3 years ago if it had not been for Proposition 13. ?here
is a limit on the amount of money available to provide many of the
facilities that people always thought were free.
City Manager Kelmar stated the City received approximately
$9,000,000 in Property Taxes. The combined cost of Police, Fire
and Refuse is approximately $25,000,000. Just those three services,
alone, are almost three times the Property Tax revenues for types
of services normally considered basic property related services.
The revenues are just not there. Historically, due to the vitality
of the economy, the City's Sales Tax had grown considerably through-
out the years. Due to the downturn in the oil industry and general
economy, the City received $1,500,000 less in Sales Tax for Fiscal
Year 1982-83 than in the prior year. It was $3,000,000 less than
estimated in the budget. The position the City is in, is that,
Sales Tax, basically, accounts for 50% of the City's revenue.
When there is a significant downturn in the economy, as there was
a couple of years ago, it severely impacts the City's ability to
finance the services, even to a point where the Council was forced
to levy a small refuse collection fee.
Councilman Barton stated he agrees with Mr. Keefer, it
is hard to understand why some areas have City maintained parks,
however, the Property Taxes only pay for a minimal type of services.
It is a new ball game these days and people are going to have to
start paying more of their own way.
City Manager Kelmar pointed out that the State has taken
back funds that, historically, went to local governments. The
City lost approximately $2,000,000 in State subventions because of
their fisca~ problems.
Mayor Shell stated that Bakersfield has its' problems,
but it is better off than some cities in California.
Bakersfield, California, November 23, 1983 - Page 6
Director of Fire and Development Services Needham ex-
plained the developer fees pertaining to school in the Panama
School District. This was due to the overcrowding in the schools.
The problem was how to obtain the funds to build additional schools,
classrooms, etc. The State passed legislation in 1982 allowing
schools to levy fees, at the time Building Permits are issued, for
construction of schools and/or temporary classrooms. After a
request was received from the Panama School District the Council
took action to allow the Building Department to collect those fees
at the time the developer applies for a Building Permit. Since
that time the City has been collecting those fees. In October,
1983, Tenneco started collecting fees from developers building in
the area where they own land, because they agreed with the School
District to build a school.
Planning Director Sceales pointed out two maps showing
active Tentative Subdivision Maps and zone changes that have taken
place since January, 1983, with the 6th Ward.
Mrs. Stephanie Thiessen asked the status of a large
parcel in Section 22.
Planning Director Sceales stated that is Panama No. 3
Annexation and a revised development plan has been submitted for
review. At the present time it is being reviewed by staff.
Mr. Dickerson stated there will be additional schools
built in the Campus Park and Laurelglen areas sometime in the
future and he feels, with the planned 800 homes, those schools
will reach a saturation point. He felt increasing the density
from R-1 to R-3 will continue to saturate the School District and
there should be.better planning.
Director of Fire and Development Services Needham stated
he wanted to clarify that this is not a decision that is totally
left up to the Council. This
School District and they bear
mendations. The City has not
type of decision must come from the
the responsibility of making recom-
had a request from the School District
Bakersfield, California, November 23, 1983 - Page 7
to stop or restrict building. The City has only been asked to
help obtain funds to take care of overcrowding.
Mr. Leland Campbell asked why the City does not alleviate
some of the problems with housing development before they saturate
an area.
Planning Director Sceales explained the minimum lot size
for homes and stated that developments must meet all the require-
ments of the law before being approved.
Director of Fire and Development Services Needham explained
the various layers of bureaucracy and public hearings a developer
must go through before a subdivision is approved.
Mrs. Sandra Campbell stated their home is on a 21,000
square foot lot and three homes in the subdivision in question
could be placed on their lot and she does not feel that is comparable.
Planning Director Sceales stated anything less than
6,000 square foot can be approved by the Planning Commission, if
they feel it is compatible with the neighborhood. If a person
submits a plan with a 6,000 square foot, or more, lot they have
met the City's requirement for lot size.
Mr. Campbell asked what happens to homeowners in the
area, who have animals, when a subdivision of this type is developed.
Will they have to get rid of their animals just because this one
subdivision is developed?
City Attorney Oberholzer stated if people have animals
and there is a subsequent zone change, those people in that zone
are classified as legal nonconforming. They are legal because they
are operating under the prior zonining. In other words, they
continue to live in that particular area under the restrictions
they had before they became more restrictive.
Councilman Payne stated the purpose of this meeting at
Sandrini School is, during the recent election campaign it was
brought out that something needed to be done to open the lines of
Bakersfield, California, November 23, 1983 - Page 8
communication and this was one of the recommendations. The Council
felt it was a very good recommendation and staff agreed. The
meeting was held tonight because it was the first unscheduled
Council Meeting night for at least 2 months. It was a night that
the majority of the Council was willing to cancel their Thanks-
giving travel plans and come to the 6th Ward to participate in an
official Council Meeting. It was indicated, during the campaign,
that some o£ the needs and matters should be addressed as soon as
possible. tie felt it was better to call the meeting on the night
before Thanksgiving than ignore it for 2½ to 3 months. Anything
that can be learned tonight gives the Council and staff a head
start and he felt that is an advantage. Councilman Payne thanked
P~nama School District Superintendent Williams and Sandrini School
Principal Charles Young, Council, staff and residents of the 6th
Ward for their help and attendance at this meeting. This is
probably not the only meeting that will be held in the 6th Ward.
They realize there are problems. A lot of the 6th Ward was recently
annexed or assigned as a result of redistricting, based on the
population shift. There was approximately $4,500,000 in the
Capital Improvement Budget and there are 7 Wards in the City,
representing approximately 120,000 people and each Councilman is
fighting for the largest share of tax dollars that they can obtain.
The 6th Ward was fortunate to obtain in excess of $1,000,000 for
Capital Improvements, which is almost one-fourth of the entire
budget. All of the items were in the budget long before the election
campaign commenced. It was not an attempt to gain support from
other Councilmen to strengthen the campaign. The Council is doing
the best they can to establish Capital Improvements on a priority
basis with the funds available.
Bakersfield, California, November 23, 1983 - Page 9
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting
was adjourned at 8:40 P.M.
ATTEST:
o if
PHILIP KELMAR
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
BY
ma
Bakersfield, California, November 30, 1983
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 P.M., November 30, 1983.
The meeting was called to order by Vice-Mayor Barton,
followed by the Pledge of Allegiance and Invocation by Reverend
Ken Miller of the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Shell (seated at 8:17 P.M. while the Council was
in Closed Session). Councilmen Christensen, Moore,
Payne, Ratty, Rockoff, Barton, Childs
Absent: None
Minutes of the regular meeting of November 16, 1983,
were approved as corrected.
SCHEDULED PUBLIC STATEMENTS
Mr. Gonzalo Ramirez, representing United Communities
Coalition, stated they are requesting that the Council and Board
of Supervisors allot Community Development Block Grant Funds for
their Fair Housing Proposal submitted in July, 1983. The United
Communities Coalition is concerned about the recommendations sub-
mitted to the Intergovernmental Relations Committee on October 10,
1983, by the Director of the Kern County Community Development
Program Department. Mr. Ramirez reviewed what has transpired on
the issue of Fair Housing in Kern County. They believe the local
housing industry's concern is to maintain the status quo, by doing
nothing. They feel the Council should re-examine priorities and
moral obligations to assure that people's civil rights are not
violated. The eradication of discrimination is and should continue
to be the first priority in this community. The recommendations
made to the Intergovernmental Relations Committee do not reflect
the immediacy of the problem or their concerns. They are concerned
with a lack of a specific course of action to be taken by the City
or County. Mr. Ramirez asked why action has not been taken to
eliminate the illegal discrimination on access and occupancy of
Bakersfield, California, November 30, 1983 - Page 2
housing in this community, as stated in the recommendations. They
are requesting that, if the City has any problems with their proposal
to please contact them so the matter can be discussed and also set
some deadlines for some type of action.
Mr. Abdul Rahim Mustafa Muhammad, 128 Lakeview Avenue,
requested an investigation into the death of Lawrence Roberts in
the Kern County Jail and read a prepared religious statement. Mr.
Muhammad stated he would like to try very hard to help the people
in the Lakeview Area to turn away from wickedness and clean up
that area.
Upon a motion
J. Ronald Evans Company,
CORRESPONDENCE
by Councilman Ratty, communication from
Inc., dated October 24, 1983, regarding
annexation of property located in the Gemco Shopping Center
Development, was received and referred to the Planning Commission.
Upon a motion by Councilman Christensen, communication
from Freedom Homes, Inc., dated October 28, 1983, regarding
annexation of property located in the Gemco Shopping Center
Development, was received and referred to the Planning Commission.
Upon a motion by Councilman Moore, communication from
JoAnn Van Horn, 221 North Real Road, dated November 18, 1983,
regarding water standing around the northeast corner of Stockdale
Highway and Real Road, was received and referred to the Public
Works Department.
COUNCIL STATEMENTS
Upon a motion by Councilman Payne, the Council concurred
with the appointment of Police Chief Price by Governor Deukmejian
to the California Council on Criminal Justice.
Upon a motion by Councilman Rockoff, the Planning Com-
mission was directed to conduct a study on the best uses of the
Old Bakersfield Landfill when it becomes useable for something
other than a landfill.
Bakersfield,
California,
November 30, 1983 - Page 3
Councilman Rockoff stated he thought the Council Meeting
held in the 6th Ward on the night before Thanksgiving was very
educational, unfortunately, it was not well attended. He stated
he would like to see Council Meetings held in all Wards o£ the
City.
Councilman Moore stated there has been some confusion in
the public regarding the procedure for seating of the Council in
the Council Chambers and requested that the Council consider
seating arrangements by Ward number, with the exception of the
Vice-Mayor.
Councilman Moore stated at the Council Meeting of November
16, 1983, he requested the Council consider what items would assist
them in a regular and routine monitoring of the budget.
Upon a motion by Councilman Moore, staff was requested
to provide the following items on a monthly basis in order to
assist the Council in the routine monitoring of the budget:
Revenues to date.
Revenues the same date the previous year.
Total revenues estimated for the year.
2.
3.
4.
5.
6.
Expenditures
Expenditures
Total budget
Councilman Moore
to date.
the same date the previous year.
figure.
stated if anyone has any ideas or other
figures that might be helpful to the Council in monitoring the
budget on an ongoing basis it would be appreciated.
Councilman Moore stated the Water Board is made up of
three Councilmen and two staff members, who all have equal voting
status. Staff is placed in an awkward position by being able to
vote and establish policy when they are not elected members of that
body. Councilman Moore made a motion that the Water Board review
this matter at their next meeting. This motion was unanimously
approved.
Bakersfield, California, November 30, 1983 - Page 4
Councilman Moore announced that the Water Resources
Committee will hold a public meeting on Wednesday, December 7,
1983, at 1:00 P.M. in the Council Chambers to discuss Sewer
Connection Fees and requested that staff advertise this meeting
to the fullest extent possible.
Councilman Christensen stated at the last Council Meeting
he brought up the importance of appointments to various boards and
commissions and how he felt they should have a great deal of
consideration given to them prior to nominations. Councilman
Christensen read a portion of a letter from a group of citizens
with the common concern of insuring the quality and competency of
individuals who staff City and County boards and commissions.
They feel it is essential that a broad community representation
base be maintained so that the stated goals can effectively and
efficiently be accomplished. The letter contained a list of
suggested individuals that might be appointed to the screening
committee for members of various City and County boards and
commissions.
Councilman Christensen requested that the Council table
the appointments to the various boards and commissions for another
week in order to study the information contained in the letter or
assign the matter to a Council Committee.
Councilman Payne stated he would like to wait one week
to give people time to submit names to the Council or the group
who submitted the letter regarding a screening committee and it
should be kept in mind that persons who are appointed to City
boards and commissions must be a City resident.
Councilman Christensen made a motion that the matter
of screening applicants or nominees for appointment to City boards
and commissions be referred to the Growth and Development Committee.
Councilman Childs offered a substitute motion that the
matter of screening applicants or nominees for appointment to City
488
Bakersfield, California, November 30, 1983 - Page 5
boards and commissions be held over until the Council Meeting of
December 7, 1983, in order to allow time to study the matter and
at that time a decision can be made what Council Committee it will
be assigned to.
Councilman Christensen withdrew his motion.
Councilman Childs' substitute motion was unanimously
approved.
Councilman Childs stated he agrees with the other Council-
men regarding holding Council Meetings in the various Wards and he
intends to request a meeting be held in Ward 1 in the near future.
Councilman Payne stated he felt the turnout at the
meeting held in the 6th Ward was tremendous considering it was the
night before Thanksgiving. Unless there is a major issue on the
Agenda, 30 people attending a meeting is far greater than the
normal turnout at regular Council Meetings.
APPOINTMENT OF COUNCIL'S REPRESENTATIVE
TO THE KERN COUNTY COUNCIL OF GOVERNMENTS.
Upon a motion by Councilman Rockoff, Councilman Donald
to the Kern
K. Ratty was appointed as the Council's representative
County Council of Governments.
APPOINTMENT OF COUNCIL'S REPRESENTATIVE
TO THE PLANNING COMMISSION.
Councilman Rockoff made a motion to appoint Councilman
Thomas A. Payne as the Council's representative to the Planning
Commission.
Councilman Christensen offered a substitute motion that
Councilman Arthur L. Rockoff be appointed as the Council's repre-
sentative to the Planning Commission.
Councilman Rockoff stated he would only serve if Council-
man Payne did not wish to serve as the Council's representative to
the Planning Commission.
Councilman Payne indicated he did not wish to serve on
the Planning Commission.
Bakersfield, California, November 30, 1983 - Page 6
Councilman Christensen's substitute motion that Council-
man Arthur L. Rockoff be appointed to serve as the Council's
representative to the Planning Commission, was unanimously approved.
REPORTS
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 29-83 regarding Consultant for
Site Plan Review Policy, as follows:
Recently, the City Council adopted Resolution
No. 111-83 which approved and adopted the Site
Plan Review Policy adopted by the Planning
Commission requiring major retail projects to
pay a share of the cost of public facilities
which would be needed either wholly or partially
attributable to such projects. Further, the
City Council authorized and directed the City
Engineer to request and return to this Committee
with proposals from consultants to assist staff
and the Planning Commission Committee in estab-
lishing parameters for application of the policy.
The Public Works Director (City Engineer)
solicited and received two proposals from firms
interested and qualified to establish the
parameters necessary for application of the
Site Plan Review Policy. Both consulting firms
were interviewed by staff members from the
Public Works Department, Planning Department,
City Attorney's Office and Finance Department.
During the interview, the firms' experience
with public facilities such as streets, bridges,
signals, sewers, water, landscaping, etc., was
reviewed and discussed.
Although City staff members conducting the
interview felt both firms could prepare an
acceptable report, they recommended the City
Council enter into an agreement with Linscott,
Law and Greenspan, Inc., Engineers. This firm
has substantial experience in traffic engineering,
including major retail developments. The firm
has also done work on off-site improvement
policies for other cities and has done traffic
studies in this area. The cost for their
consulting services is to be based on hourly
rates not to exceed a total fee of $6,000. The
$6,000 is based upon the development of criteria
only. In the event the consultant is required
to participate in City Council and Planning
Commission hearings, the total fee is not to
exceed $10,000.
This Committee has reviewed the selection process
carried out by the City staff and concurs in the
recommendation and would, therefore, recommend
the City Council accept the proposal from
Bakersfield, California, November 30, 1983 - Page 7
Linscott, Law and Greenspan, Inc., Engineers,
direct the City Attorney to prepare the necessary
agreement, authorize the Mayor to execute, and
approve a transfer from the Council Contingency
Fund for an amount not to exceed $6,000. We
further recommend the City Council authorize
a transfer of the additional $4,000, if necessary.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 29-83 regarding Consultant for Site
Plan Review Policy, was accepted; proposal from Linscott, Law and
Greenspan, Inc., Engineers, was accepted; the City Attorney was
directed to prepare the necessary agreement and the Mayor was
authorized to execute same; and Budget Review Transfer from the
Council Contingency Fund for an amount not to exceed $6,000 and
an additional $4,000, if necessary, were approved.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2309 to 2493,
inclusive, in the amount of $976,002.91.
(b)
Claim for Damages from The Sub Station
Restaurant, 2901 "F" Street, Bakersfield.
(Refer to City Attorney)
<c)
Claim for Damages from James J. Shodgrass,
dba Westchester Flower and Gift Shop, 2915
"F" Street, Bakersfield. (Refer to City
Attorney)
(d)
Claim for Damages from Bob Campbell, dba
Campbell's Pharmacy, 2809 "F" Street,
Bakersfield. (Refer to City Attorney)
(e)
Claim for Damages from Jaserjian Bros.,
Inc., dba Carpeteria, 2929 "F" Street,
Bakersfield. (Refer to City Attorney)
(f)
Claim for Damages from Jess Smith & Sons,
Inc., 2905 "F" Street, Bakersfield.
(Refer to City Attorney)
(g) Claim for Damages from William H. Davies
Interiors, Inc., 2819 "F" Street, Bakers-
field. (Refer to City Attorney)
(h)
Claim for Damages from Sidney S. Gonick,
2805 "F" Street, Bakersfield. (Refer to
City Attorney)
(i)
Claim for Damages and Personal Injuries
from James Arthur Blair, 1400 Gorrill
Street, Bakersfield. (Refer to City
Attorney)
Bakersfield, California, November 30, 1983 - Page
(J)
(k)
(i)
(m)
(n)
(o)
(P)
(q)
(r)
(s)
(t)
Claim for Damages from George Edward Uhler,
Route 9, Box 101-A, 5501 Spyglass Hill
Road, Bakersfield. (Refer to City Attorney
Claim for Damages from Beatrice May Sanders
4809 Margalo Avenue, Bakersfield. (Refer
to City Attorney)
Claim for Damages from Kern-Tulare Water
District, Great Western Savings Building,
1415 - 18th Street, Room 314, Bakersfield.
(Refer to City Attorney)
Claim for Personal Injuries from Delbert
Dewey Clinton, 546 Price Street, Bakers-
field. (Refer to City Attorney)
Claim for Damages from John J. Gil, 504½
Acacia Avenue, Bakersfield. (Refer to
City Attorney)
Street Right-of-Way Deed from Sunrise
Unlimited, a joint venture, providing
dedication of Fairfax Road from approxi-
mately ~ mile north of College Avenue to
approximately ½ mile north of College
Avenue.
Map of Tract No. 4366 and Improvement
Agreement with Bakersfield Country Club
Development, Ltd., for construction of
improvements therein, located west of
Fairfax Road and south of Highway 178.
Map of Tract No. 4404 and Improvement
Agreement with Dickinson-Wadsworth
Associates for construction of improve-
ments therein, located east of Fairfax
Road, approximately i mile north of
Panorama Drive; and Street Right-of-Way
Deeds from Robert A. Wadsworth and B. L.
Dickinson for Paladino Drive from Tract
No. 4404 to Fairfax Road, as required by
the Planning Commission.
Map of Tract No. 4464 being developed by
the Development Group, located south of
University Avenue, one quarter mile east
of Columbus Street.
Map of Tract Nos. 4594 and 4602 and
Improvement Agreements with Tenneco
Realty Development Corporation for
construction of improvements therein,
located south of White Lane between
Gosford Road and Old River Road.
Improvement Agreement for Parcel Map No.
6722 with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located east of Old River
Road between Ming Avenue and White Lane;
and Road Easements from Tenneco Realty
Development Corporation as required by
the Planning Commission for Parcel ~{ap
No. 6722.
Bakersf±eld, California, November 30, 1983 - Page 9
(u)
Notice of Completion and Acceptance of
Work on Tract No. 4587 with Covington
Technologies Corporation, located at
South "H" Street and Pacheco Road.
(v)
Plans and Specifications for Traffic
Signal Systems at White Lane and Akers
Road, White Lane and Ashe Road, and Planz
Road and Wible Road.
Councilman Payne, referring to Item (v), stated at the
meeting held in the 6th Ward there was a request made for the
Traffic Engineer to review the warrants for the traffic signal at
White Lane and Ashe Road. The person felt it was possible the
warrants were due to one or two unusual isolated situations and
it would be better to locate the traffic signal at another inter-
section.
Assistant Public Works Director Schulz stated the Traffic
Engineer re-evaluated the intersection of White Lane and Ashe Road
and still considers it to be the one to proceed with for signaliza-
Lion.
Upon a motion by Councilman Rockoff, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(q), (r), (s), (t), (u) and (v) of the Consent Calendar, were
adopted by the following roll call vote:
Ayes: Councilmen Christensen, Moore, Payne,
Barton, Childs
Noes: None
Absent: None
Ratty, Rockoff,
ACTION ON BIDS
Upon a motion by Councilman Christensen, low bid of
L. N. Curtis, in the amount of $10,356.20, for Breathing Apparatus
and Spare Cylinders, was accepted and all other bids rejected.
Upon a motion by Councilman Ratty, low bid of O. B.
Nuzum Tire Service, in the amount of $36,700.98, for Annual Contract
for Tire Recapping, was accepted, all other bids rejected and the
Mayor was authorized to execute the contract.
Bakersfield, California, November 30, 1983 - Page
Upon a motion by Councilman Payne, low bids of B.C.
Chemicals (12 items), in the amount of $19,023.23, and McKesson
Chemical (3 items), in the amount of $1,568.46, for Annual Contract
for Water Treatment Chemicals, were accepted, all other bids
rejected and the Mayor was authorized to execute the contracts.
Upon a motion by Councilman Childs, low bid of Granite
Construction Company, in the amount of $277,591, for resurfacing
Union Avenue between Manor Street and Bernard Street and Manor
Street between Union Avenue and the Kern River Bike Trail, was
accepted, all other bids rejected and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Moore, low bid of Tejon
Maintenance & Construction Company, in the amount of $18,540.46,
for Metal Control Weirs for Water Resources Department, was accepted
and all other bids rejected.
Upon a motion by Councilman Payne, low bid of Gamcon
Company, in the amount of $20,065, for construction of Bernard
Street Storm Drain, was accepted, all other bids rejected and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Moore, low bid of Griffith
Company, in the amount of $51,437, for construction of Parking Lot
at Saunders Park, was accepted, all other bids rejected, the ~ayor
was authorized to execute the contract and expenditure of additional
funds from Account No. 58-79400-192, was authorized.
Upon a motion by Councilman Christensen, bid of Ray
Gaskin Service, in the amount of $59,732.27, £or 488 Refuse Con-
tainers for the Public Works Department, was accepted and all
other bids rejected.
Upon a motion by Councilman Moore, low bid of Gen Par
Construction, in the amount of $302,767, for construction of Fire
Station No. 3 located at 3400 Palm Avenue, adjacent to Saunders
Park, was accepted, all other bids rejected and the Mayor was
authorized to execute the contract.
94
Bakersfield, California, November 30, 1983 - Page
DEFERRED BUSINESS
Adoption of Resolution No. 131-83 of
the Council of the City of Bakers-
field requesting Long-Term Financing
Legislation.
This resolution was placed on the Agenda at the request
of Councilman Barton at the meeting of November 16, 1983.
Upon a motion by Councilman Ratty, Resolution No. 131-83
of the Council of the City of Bakersfield requesting Long-Term
Financing Legislation, was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Moore, Payne, Ratty, Rockoff,
Barton, Childs
Noes: None
Absent: None
NEW BUSINESS
Adoption of Resolution No. 132-83 of
the Council of the City of Bakers-
field amending objectives, criteria
and procedures and the preparation
of environmental documents, supple-
mentary to California Environmental
Quality Act and the State CEQA Guide-
lines and superseding City of
Bakersfield Resolution No. 60-80.
This action amends the City of Bakersfield's environ-
mental review procedures in accordance with California Environmental
Quality Act Guidelines, effective August l, 1983. Adoption of these
procedures is required by State regulation.
Upon a motion by Councilman Payne, Resolution No. 132-83
of the Council of the City of Bakersfield amending objectives,
criteria and procedures and the preparation of environmental docu-
ments, supplementary to California Environmental Quality Act and
the State CEQA Guidelines and superseding City of Bakersfield
Resolution No. 60-80, was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Moore,
Barton, Childs
Noes: None
Absent: None
Payne, Ratty, Rockoff,
Bakers£ield, California, November 30, 1983 - Page 12
Adoption of Resolution No. 133-83 of
the Council of the City of Bakers-
field adopting report relative to
Federal Clean Water Act Grant.
The Water Resources staff completed a report required by
a contract with the Cali£ornia Water Resources Control Board on a
study of groundwater at the City's "2,800 Acre" recharge site.
The report has been reviewed by the State Board staff and is con-
sidered acceptable to meet the contract requirements.
City Council Resolution No. 78-80, dated December 17,
1980, authorized the Water Board to perform the study and the
Director of Water Resources to sign the contract. Adopting the
resolution will be the final procedure required by the City.
Upon a motion by Councilman Moore, Resolution No. 133-83
of the Council of the City of Bakersfield adopting report relative
to Federal Clean Water Act Grant, was adopted by the following
roll call vote:
Ayes:
Noes:
Absent:
Councilmen Christensen, Moore, Payne,
Barton, Childs
None
None
Ratty, Rockoff,
Presentation of $14,000 Energy Rebate
Check from Pacific Gas and Electric
Company.
Mr. Howard Polland, Pacific Gas and Electric Company,
presented a $14,000 Energy Rebate Check to the City of Bakersfield
for energy conservation efforts through street lighting. This
check represents the City's conversion of 200 older street lights
to high pressure sodium vapor lights. The City will be receiving
another $5,000 check, which represents almost 10% of the total
budget that P. G. & E. has issued for the State of California.
The City of Bakersfield is doing a fine job and by reducing the
size of the street lights the City is also reducing the street
light bill by almost 50%. Mr. Polland thanked the Public Works
Department for doing a fine job with the Energy Management Program
£or the City of Bakersfield.
Bakersfield, California, November 30. 1983 - Page 13
CLOSED SESSION
Upon a motion by Councilman Christensen, the Council
recessed to a Closed Session at 8:15 P.M. to discuss a personnel
matter. The regular meeting was reconvened at 11:00 P.M.
Upon a motion by Councilman Christensen, City Manager
Philip Kelmar's contract was terminated, by the following roll
call vote:
Ayes Councilmen Christensen, Moore, Payne, Ratty, Barton
Noes Councilmen Rockoff, Childs
Absent: None
Upon a motion by Councilman Christensen, Assistant City
Manager-Personnel Richard R. Russell was appointed as Acting City
Manager, by the following roll call vote:
Ayes: Councilmen Christensen, Moore, Payne, Ratty, Rockoff,
Barton, Childs
Noes: None
Absent: None
Upon a motion by Councilman Christensen, Acting City
Manager Richard R. Russell's salary was set at 5% above his present
salary or a step of the City Manager's salary, whichever is
greater, and the matter of the Acting City Manager's salary was
referred to the Governmental Efficiency and Personnel Committee
for final consideration, by the following roll call vote:
Ayes Councilmen Christensen, Moore, Payne, Ratty, Rockoff,
Barton, Childs
Noes None
Absent: None
Mayor Shell stated Acting City Manager Russell will not
be applying for the position of City Manager.
Councilman Payne stated in the new spirit of cooperation,
agreed upon by the entire Council, a decision was made in Closed
Session that any member of the Council who desires to discuss any
or all portions of a Closed Session with the news media may do so.
Bakersfield, California, November 30, 1983 - Page 14
This was done so no accusation can be made that certain Council-
men violated the confidence of the Council or a Closed Session.
Councilman Moore requested that Acting City Manager
Russell hold an emergency preparedness drill as soon as possible
so he can become familiar with the forces available to him if an
emergency or disaster should arise.
Councilman Moore stated he wanted to assure the community
that the Council is united and a take charge Council. They are in
a position of providing leadership and intend to do so.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 11:05 P.M.
ATTEST:
MAYO~f ~ City of ~akersfield, Calif.
AS IST~NT CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, California
ma
Bakersfield, California, December 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., December 7, 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
Present: Mayor Shell.
as follows:
Councilmen Moore, Payne, Ratty, Rockoff,
Barton, Childs (seated at
7:05 P.M.), Christensen
Absent: None
Minutes of the special meeting of November
were approved as presented.
CORRESPONDENCE
Upon a motion by Councilman Christensen,
23, 1983,
communication
from the Kern Mosquito Abatement District, dated December 1, 1983,
calling attention to the expiration of John E. Chafin's term as a
member of the Board of Trustees of
District on December 31, 1983, was
file.
Upon
Ralph Andersen
the Kern Mosquito Abatement
received and ordered placed on
a motion by Councilman Barton, communication from
& Associates, 1446 Ethan Way, Suite 101, Sacramento,
California, dated December 2, 1983, submitting a suggested work
program relative to the recruitment of a City Manager for the
City of Bakersfield, was received and ordered placed on file.
Councilman Barton stated that Mr. Chafin has expressed
an interest in serving another term on the Kern Mosquito Abatement
District Board of Trustees.
COUNCIL STATEMENTS
Upon a motion by Councilman Christensen,
Meeting scheduled for December 14, 1983,
Councilman Moore nominated Mr.
the Council
was cancelled.
Bruce L. Nybo, 3501 Planz
Road,
Jones,
the Golden Empire
to fill a vacancy on the Planning Commission and Mr. Lee
7101La Hacienda Street, to fill a vacancy on the Board of
Transit District.
2
Bakersfield, California, December 7, 1983 - Page 2
Councilman Ratty made a motion that the names of all
persons desiring to serve on various boards and commissionsare to
be submitted to the Governmental Efficiency and Personnel Committee
for screening and interviews and the Committee is to submit a list
of recommended persons back to the entire Council for consideration.
Councilman Christensen stated the Committee should submit;
the names of at least 2 or 3 persons for each vacancy on a board
or commission.
Councilman Payne stated each Councilman would be contacted
prior to the interviews to make sure
they want considered.
In answer to a question by
they have submitted all names
Councilman Rockoff, City
Attorney Oberholzer stated an individual Councilman could talk
the candidates, if he so desires.
After discussion, Councilman Ratty's motion that the
names of
missions
to
all persons desiring to serve on various boards and com-
are to be submitted to the Governmental Efficiency and
Personnel Committee for screening and interviews and the Committee
is tQ submit a list of recommended persons back to the entire
Council for consideration, was unanimously approved.
Upon a motion by Councilman Barton, Director of Public
Works J. Dale Hawley was reappointed to the Board of Zoning Adjust-
ment, term expiring December l, 1986.
Upon a motion by Councilman Barton, Assistant Public
Works Director Edgar W. Schulz was reappointed as the Public Works
Director's alternate to the Board of Zoning Adjustment, term
expiring December l, 1986.
Councilman Childs stated recently there has been a rash
of accidents across from Bessie Owens School and thanked the Police
and Public Works Departments for their response to the problem.
Director of Public Works Hawley stated the problem is
still being evaluated. There were two incidents where children
were hit by automobiles within a short period of time. The Public
Works Department is looking at several things that could improve
Bakersfield, California, December 7, 1983 - Page 3
3
the situation in that area. Meetings have been held with school
representatives and the Police Department and they are considering
marking an area for unloading and loading school children. There
are no defined areas for loading and unloading children and that
is one of the problems. They are also investigating the possibility
of eliminating a crosswalk in order to encourage the children to
use a different route to school.
Councilman Childs stated the people in the community are
very pleased with the immediate response from the Police and Public
Works Departments.
Upon a motion by Councilman Christensen, contracts with
the City of Taft and City of Shafter for services rendered by the
City Attorney's Office were referred to the Governmental Efficiency
and Personnel Committee for evaluation and recommendation back to
the Council.
REPORTS
Councilman Rockoff, Chairman of the Budget and Finance
Committee, read Report No. 1-83 regarding Fire Department Telephone
System, as follows:
For the past several months, remodeling work
of the general office area of the main Fire
Station has been under way. Due to the up-
coming completion of the remodeling work, City
staff felt it imperative to investigate all
alternatives with regards to the telephone
system at the Fire Department facility.
Staff members from the Fire Department and
Finance Department contacted vendors and
requested proposals for a telephone system for
the facility. Proposals were received from
four prospective vendors as noted in the
summary. City staff have reviewed the proposals
and recommend that the City accept the proposal
from Continental Telephone.
During our discussions with City staff, we
noted the present monthly cost for telephone
services for the main Fire Station is in
excess of $900.00. We further noted the
monthly cost of the Continental system will be
$707.66 (including the annual maintenance
charge), with the City owning the system at
the end of seven years. Additionally, this
system integrates with the telephone system
throughout the City and will be compatible
with future changes.
4
Bakersfield, California, December 7, 1983 - Page 4
This Committee concurs with staff and would,
therefore, recommend the City Council accept
the proposal of Continental Telephone and
approve the acquisition of the telephone
system through a lease-purchase plan.
Upon a motion by Councilman Rockoff, Budget and Finance
Committee Report No. 1-83 regarding Fire Department Telephone
System, was accepted; proposal of Continental Telephone Company,
was accepted; and acquisition of the telephone system through a
lease-purchase plan, was approved.
Councilman Barton, Chairman of the Growth and Develop-
ment Committee, read Report No. 1-83 regarding Ambulance Rates,
as follows:
As required by ordinance, the private ambulance
companies providing ambulance services in the
City of Bakersfield requested the City Council
approve rate increases. Additionally, it was
requested the City ordinance be changed to
eliminate the requirement that the rates
follow the allowed rates for the City of Los
Angeles. The matter was referred to the Growth
& Development Committee for study and recommenda-
tion.
This Committee has had several meetings to
review the requests. Our meetings included
City staff personnel, as well as, representatives
from the ambulance companies. We discussed
such items as the ambulance rates in the City
of Bakersfield, the rates in the City of Los
Angeles and how they are established, the type
of service provided in each City, and equipment
requirements as set forth by Bakersfield's
ordinance. Paramount in difference between
ambulance service in the City of Los Angeles
and the City of Bakersfield is that local
ambulance operators in the City of Bakersfield
maintain paramedic service. Ambulance operators
in the City of Los Angeles are required to
maintain neither paramedic service nor paramedic
qualified individuals. The Los Angeles Fire
Department provides all paramedic service.
Consequently, the overhead cost of maintaining
an ambulance operation in the City of Los
Angeles is considerably different from the
costs associated with the private ambulance
service in Bakersfield, which provides full
and exclusive paramedic service. We also
instructed staff to contact other cities and
compile all necessary information to assist
us in determining our recommendations.
After considerable review and discussion of the
information obtained, we concluded an adjustment
in the rates allowable for the ambulance
operators is justifiable. We further believe
Bakersfield, California, December 7, 1983 - Page 5
the City's ordinance should be amended to
allow adjustment in the ambulance rates to take
place by way of resolution and be reviewed from
time to time. These determinations and con-
clusions have been reviewed with and concurred
in by the private ambulance companies.
Therefore, we recommend the City Council con-
sider this first reading of the ordinance and
upon adoption of the ordinance, direct the City
Attorney to prepare the necessary resolution
to establish rates as enumerated in the attached
Exhibit A and that the rates be inclusive of
all services.
Upon a motion by Councilman Barton, Growth and Developme~t
Committee Report No. 1-83 regarding Ambulance Rates, was accepted;
and upon adoption of the ordinance relative to Ambulance Services
Charges the City Attorney was directed to prepare the necessary
resolution establishing rates as enumerated in Exhibit "A",
attached to the report and the rates shall be inclusive of all
services.
First reading of an Ordinance of the
Council of the City of Bakersfield
relative to Ambulance Service Charges.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield relative to Ambulance Service
Charges.
Councilman Barton, Chairman of the Growth and Development
Committee, read Report No. 2-83 regarding Building and Planning
Staffing, as follows:
At the request of City staff, this Committee
has discussed, in detail, the "Site Plan
Review Process" and the time necessary to
approve plans and ultimately issue appropriate
building permits.
In reviewing the process and procedures, we
took special note of the high level of service
which the builders, developers, and general
public have traditionally received and come
to expect from the City. This Committee
believes it important to continue the high
level of service being offered to the com-
munity; however, with the continued growth and
ever-increasing activity in the Building and
Planning Departments it is becoming more and
more difficult to provide quality service with
current staffing levels.
Pursuant to our discussions and review, this
Committee believes additional staffing should
6
Bakersfield, California, December 7, 1983 - Page 6
be considered in the area of reviewing and
approving plans and drawings. Therefore, we
recommend the City Council refer this matter
to the Governmental Efficiency and Personnel
Committee for study and recommendation.
Upon a motion by Councilman Barton, Growth and Develop-
ment Committee Report No. 2-83 regarding Building and Planning
Staffing, was accepted; and the matter of staffing for the Planning
and Building Departments was referred to the Governmental Efficiency
and Personnel Committee for study and recommendation.
Councilman Moore, Chairman of the Water Resources
Committee, read Report No. 1-83 regarding Request of John Carollo
Engineers for Approval of Subcontractors for Waste Water Treatment
Plant No. 3, as follows:
On September 28, 1983, the City of Bakersfield
entered into an agreement with John Carollo
Engineers to act as prime contractor to perform
certain engineering services related to Waste
Water Treatment Plant No. 3 improvements.
The referred-to agreement requires John
Carollo Engineers to obtain approval from the
City for all subcontractors they propose to
employ with regards to the improvements at
Treatment Plant No. 3. As noted in the
correspondence from John Carollo Engineers,
they are requesting the approval of Quad
Consultants and BSK and Associates to perform
certain functions as subcontractors. City
staff have reviewed the request and qualifi-
cations of the proposed subcontractors and
consider the subcontractors to be acceptable.
Therefore, this Committee recommends the City
Council approve the request of John Carollo
Engineers for the use of Quad Consultants and
BSK and Associates to act as subcontractors
in the areas as identified in the correspondence.
Upon a motion by Councilman Moore, Water Resources
Committee Report No. 1-83 regarding Request of John Carollo
Engineers for Approval of Subcontractors for Waste Water Treatment
Plant No. 3, was accepted; and request of John Carollo Engineers
to use Quad Consultants and BSK and Associates as subcontractors
in the areas identified in their letter, was approved.
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 17-83 regarding Recruit-
ment for City Manager, as follows:
Bakersfield, California, December 7, 1983 - Page 7
In order to assure the citizenry of the City
of Bakersfield an orderly and timely replace-
ment for the position of City Manager, the
Governmental Efficiency and Personnel Committee
met yesterday to organize recruitment efforts.
After consideration of several alternatives, we
are recommending Council approval of the
proposal submitted by the firm of Keil & Avery.
Mr. William Avery is presently under contract
with the City as our Chief Negotiator for
Labor matters. In addition to labor, his firm
has represented various cities throughout the
State in recruiting personnel for top manage-
ment positions. Under the terms of this
proposal, Mr. Avery will accomplish the
following:
Conduct a City review in order to develop
a close understanding of the City's
organization.
2. Prepare a candidate profile listing the
desired traits and skills.
3. Assist the Council in outlining a compen-
sation package.
4. Conduct an active recruitment throughout
the State.
o
Conduct an initial screening to eliminate
those candidates who do not possess the
minimum qualifications.
Work with a screening committee to develop
a list of approximately 15 to 30 finalists
for Council's final determination. This
screening committee is to be made up of
top management executives in this community
and shall be appointed by the City Council.
Prepare interview booklets and coordinate
the scheduling of interviews for the
Council.
8. Assist the Council on final reference checks,
compensation, and negotiations.
The GEP Committee is of the opinion that Mr.
Avery has the best qualifications to handle
this task. Having worked in this community
over the past two years, he understands the
needs of the citizenry, Council and staff. We
are, therefore, recommending Council approval
of the proposal from Keil & Avery and instruct
the Mayor to execute this agreement. The
$7,100 cost for professional services and
direct expenses for advertisements, travel,
clerical services, telephone costs, and postage
is to be paid from the Council's Contingency
Fund.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 17-83 regarding Recruitment for
City Manager, was accepted; proposal of Keil & Avery was approved
Bakersfield, California, December 7, 1983 - Page 8
and the Mayor was authorized to execute the agreement; and cost,
in the amount of $7,100, for professional services and direct
expenses for advertisement, travel, clerical services, telephone
costs, and postage is to be paid from the Council's Contingency
Fund.
Councilman Rockoff, Chairman of the Budget and Finance
Committee, read Report No. 2-83 regarding Multi-Family Housing
Bond Issue, as follows:
On November 30, 1983, and December 7,
the Budget and Finance Committee met
the Multi-Family Housing Bond Issue.
1983,
to discuss
On November 30, the Budget Review and Finance
Committee determined that the documents sub-
mitted for public hearing before the City
Council did not satisfy the objections pre-
viously expressed by the Budget Review and
Finance Committee. These objections deal with
the responsibilities of the City, which continue
beyond the date of issuance of the bonds. In
addition, the Budget Review and Finance
Committee believes that the developer should
be required to submit plans and specifications
to the City Council for approval of the project
prior to the City's participation in Multi-
Family Bond financing.
On November 30, the Budget Review and Finance
Committee was advised that unless the issue
was completed by December 31, 1983, that the
program would terminate and no bond issue
would take place.
On December 7, the Committee met with three
developers who had previously been issued
Inducement Resolutions. These Inducement
Resolutions contain provisions which clearly
stated that unless an acceptable agreement was
reached between the developer and the City that
no bond issue would be approved. In addition,
the resolutions provided that the City was
under no obligation to participate in any bond
issue on the project. The Committee informed
the developers of the concerns previously
expressed dealing with the inadequacy of the
documents submitted for the approval in public
hearing. The developers agreed that unless
the Committee and the City Attorney were
satisfied that the questionable provisions
could be legally removed, that no bond issue
would be made. However, due to the December
31, 1983, deadline, the developers requested
that the City Council authorize the publication
of notice of public hearing for the issuance
of the Multi-Family Bonds.
The Committee, therefore, recommends that the
Council authorize the advertising for December
Bakersfield,
California,
December 7, 1983 - Page 9
27, 1983, at a special meeting, for a hearing
on the issuance of Multi-Family Bonds, only if
the objections to the present documents can be
resolved on or before December 12, 1983.
Upon a motion by Councilman Rockoff, Budget and Finance
Committee Report No. 2-83 regarding Multi-Family Housing Bond
Issue, was accepted; the Council authorized the advertising of
December 27, 1983, for a special meeting for hearing on the issuance
of Multi-Family Bonds, only if the objections to the present
documents can be resolved on or before December 12, 1983.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2494 to 2598,
inclusive, in the amount of $317,000.72.
(b)
Claim for Personal Injuries from Roberto
Chavez and Margarita Chavez, c/o Law
Offices of George A. Boyle, 416 Truxtun
Avenue, Bakersfield. (Refer to City
Attorney)
(c)
Claim for Damages from Henry R. Yniguez,
3424 Elm Street, Bakersfield. (Refer to
City Attorney)
(d)
Claim for Damages and Personal Injuries
from Jack D. Moffat, Jr., 4505 Isla Verde,
#A, Bakersfield. (Refer to City Attorney)
(e)
Claim for Damages and Amended Claim for
Damages from Butt Francis Frilot, c/o
Kern County Jail, 1415 Truxtun Avenue,
Bakersfield. (Refer to City Attorney)
(f)
Claim for Damages from Farmers Insurance
Exchange on behalf of Henry Yniguez, P.O.
Box 2285, Bakersfield. (Refer to City
Attorney)
(g)
Grant Deed and Sewer Easement from Tenneco
Realty Development Corporation providing
for a sewer line in Parcel Map No. 7112,
located south of Truxtun Avenue, east of
Mohawk Street, and drainage retention
basin in Tract No. 4610, located south of
Ming Avenue, west of Scarlet Oak Drive.
(h)
Map of Tract No. 4609 and Improvement
Agreement with Bojak Development, Inc.,
and Pierce Lathing Co., dba Pierce Enter-
prises, for construction of improvements
therein, located on the south side of
Fairview Road, between South "H" Street
and South Union Avenue.
10
Bakersfield, California, December 7, 1983 - Page l0
(i)
~aps of Tract Nos. 4611 and 4612 and
Improvement Agreements with Tenneco
Realty Development Corporation for con-
struction of improvements therein. Tract
No. 4611 located on the south side of
White Lane between Gosford Road and Old
River Road and Tract No. 4612 located at
northeast corner of White Lane and Old
River Road.
(J)
Improvement Agreement for Parcel Map No.
6963 with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located at northwest
corner of District Boulevard and Ashe
Road; and Easements required for roads,
line of sight and public utilities for
Parcel Map No. 6963.
(k)
Improvement Agreement for Parcel Map No.
6987 with J. L. Denio, Inc., for con-
struction of improvements therein, located
on south side of Planz Road, 700 feet east
of South Union Avenue; and Street Dedica-
tions, Easements and Deeds for Parcel Map
No. 6987.
(1) Notices of Completion and Acceptance of
Work on:
Parcel Map No. 5551, Contract No. 82-136
with Vernon No. 1, located at Mt. Vernon
Avenue and Bernard Street.
Parcel Map No. 6642, Contract No. 82-170
with Rosedale Business Center, Ltd.,
located at Rosedale Highway and Camino
Del Rio Court.
(m)
Plans and Specifications for Interim
Discharge System at Wastewater Treatment
Plant No. 3, Phase 2.
(n)
Agreement with Southern Pacific Transpor-
tation Company granting the right to
operate and maintain the Kern River Bike
Trail across Southern Pacific right-of-way
adjacent to Golden State Avenue.
Upon a motion by Councilman Rockoff, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m) and (n) of the
Consent Calendar, were adopted by the following roll call vote:
Ayes: Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs,
Christensen
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Barton, bid of Engineering
Systems Division/3M, in the amount of $22,533.48, for Microfilm
Equipment for Building and Planning Departments, was accepted.
Bakersfield, California, December 7, 1983 - Page ll
11
Upon a motion by Councilman Rockoff, low base bid of
James G. Francis, in the amount of $110,125, for construction of
the ~aywood Drive Storm Drain between Auburn Street and University
Park, was accepted, all other bids rejected 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 Motorola Communications
for Fifty Mobile Radios for the Police Department, not to exceed
the budgeted amount of $100,000.
NEW BUSINESS
Adoption of Emergency Ordinance No.
2885 New Series amending Sections
3.36.040 B.4. and 3.36.050 B.3. of
the Bakersfield Municipal Code
relative to exemptions to Sales and
Use Taxes.
As a result of legislation, effective January l, 1984,
State exemptions from Sales and Use Taxes for waterborne vessels
are repealed. It is necessary to amend Sections 3.36.040 B.4.
and 3.36.050 B.3. of the Bakersfield Municipal Code to conform to
State Law. Such conformity is a condition of the obligation of
the State Board of Equalization to collect such taxes for the City,
and failure to conform the City's ordinance, effective January l,
1984, might result in the City's loss of some Sales and Use Tax
revenues. Any impact on the City from this technical change will
be minimal.
Upon a motion by Councilman Rockoff, Emergency Ordinance
No. 2885 New Series amending Sections 3.36.040 B.4. and 3.36.050
B.3. of the Bakersfield Municipal Code relative to exemptions to
Sales and Use Taxes, was adopted by the following roll call vote:
Ayes: Councilmen Moore, Payne,
Christensen
Noes: None
Absent: None
Ratty, Rockoff, Barton, Childs,
12
Bakersfield, California, December 7, 1983 - Page 12
Adoption of Resolution No. 134-83 of
the Council of the City of Bakers-
field directing Finance Operations
Manager to transfer to the General
Fund of the City the balance of
funds carried for Public Improvement
District No. 801-A.
This resolution directs the City's Finance Operations
Manager to transfer the balance of funds, $82,685, in the account
for Public Improvement District (P.I.D.) 801-A to the City's
General Fund. Public Improvement District No. 801-A was estab-
lished by Council Resolution No. 19-69. The bonds for the
improvements were paid off in 1978. No claim has been made for
any portion of the balance of such funds. State law directs that
this transfer be made.
Upon a motion by
of the Council of the City
Operations Manager to transfer to the General Fund of the City the
balance of funds carried for Public Improvement District No. 801-A,
was adopted by the following roll call vote:
Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs,
Christensen
Ayes:
Noes: None
Absent: None
Councilman Childs, Resolution No. 134-83
of Bakersfield directing Finance
Deferral of action on Agreement with
Valley Plaza Associates for construc-
tion of street improvements relating
to expansion of Valley Plaza Shopping
Center until later in Council Meeting.
This agreement provides for Valley Plaza to pay for,
and the City construct, specified street improvements required by
conditions of Site Plan approval for the Valley Plaza expansion.
Valley Plaza is required by this agreement to pay 100% of the costs
of these improvements. The City's assumption of the obligation to
construct these improvements is to facilitate coordination of
construction and certain off-site improvements for which Valley
Plaza has been assessed, pursuant to Planning Commission Resolution
No. 55-83 and Council Resolutign No. 111-83 (Site Plan Review -
Major Retail Projects). Valley Plaza and the City Engineer have
agreed to the amount of that assessment.
Bakersfield, California, December 7, 1983 - Page 13
'13
December
Traffic,
Acting City Manager Russell read a memorandum dated
7, 1983, regarding Valley Plaza Expansion - Ming Avenue
as follows:
Background
Under Planning Commission Resolution No, 55-83
and City Council Resolution No. 111-83, Valley
Plaza has been assessed $208,930 by the City
Engineer as its proportionate share of the
costs of off-site street improvements, the
need for which is wholly or partially attributable
to the projected Valley Plaza expansion. That
assessment, embodied in an agreement between
Valley Plaza and the City Engineer, includes
an amount for widening of the Ming Avenue/
Freeway 99 overpass.
The agreement between the City and Valley Plaza
on tonight's agenda provides for Valley Plaza
to pay for and the City to construct certain
street improvements in the streets adjacent to
Valley Plaza (the "on-site" or "Traditional
Improvements"). The site plan approvals for
Valley Plaza expansion are conditioned upon
Valley Plaza both (a) paying the assessment
for its proportionate share of off-site improve-
ments required under the above-referenced
resolutions, and (b) constructing specified
on-site improvements. The agreement submitted
for City Council action this evening provides
for satisfaction of condition (b). The City
is willing to agree to make such improvements
so that the City can coordinate their con-
struction with its construction of the improve-
ments for which Valley Plaza has been assessed
(condition (a)).
Problem
Though Valley Plaza has been assessed its
proportionate share of the costs of off-site
street improvements, there is no guarantee
that the City will have the balance of such
costs available to complete construction prior
to the opening of the department stores being
added to Valley Plaza by the expansion. If
such funds are not available, an already
congested Ming Avenue will become even more
so, and its ability to function as a major
traffic arterial will be seriously compromised.
Though Valley Plaza's obligation for off-site
improvements under the site plan review
process is satisfied, the potential for major
disruption of traffic along Ming Avenue
resulting from Valley Plaza expansion will
remain until the funding of the balance of
the costs of off-site improvements, especially
the Ming Avenue/Freeway 99 overpass widening,
is assured or the opening of the new depart-
ment stores is tied to actual completion of
the off-site street improvements. The failure
to mitigate a recognized problem prior to
14
Bakersfield, California, December 7, 1983 - Page
operation of the cause of the problem could
jeopardize other businesses and related
developments in the area. The present site
plan review process does not provide a vehicle
for totally mitigating such problems.
Recommended Action
Defer for two-weeks' consideration of the
agreement with Valley Plaza for construction
of on-site improvements, direct staff to advise
Valley Plaza of the City Council's concerns
as stated above, and refer to the Growthand
Development Committee for report and recom-
mendation the issue of preserving Ming Avenue's
(and any major arterial's) integrity as a
traffic arterial by requiring that the on-
site and off-site improvements be completed
before any major retail development or expansion
may be opened.
Councilman Christensen made a motion to defer action on
the Agreement with Valley Plaza Associates for construction of
street improvements relating to expansion of Valley Plaza Shopping
Center until the Council Meeting of December 21, 1983, instruct
staff to advise Valley Plaza of this action and refer the matter
to the Growth and Development Committee for study and recommendation.
Councilman Payne stated he did not know about the recom-
mendation concerning the additional traffic problems that would be
created by the expansion of Valley Plaza until this evening.
Mr. Pete Ramirez, General Manager of Valley Plaza
Shopping Center, stated in a telephone conversation today with
staff, after reading the article in the Bakersfield Californian,
he was advised that this recommendation would be made this evening.
They feel they have fulfilled all the obligations under the Site
Plan Review process and the required improvements. They are ready
to proceed with the project and the department stores have been
advised that all the conditions required by the City have been met.
Councilman Payne stated he is concerned because Valley
Plaza is in his Ward and there were implications in today's news-
paper article that were not particularly appealing. He does not
want a newspaper article to appear tomorrow indicating that the
Council had a strategy going on.
Acting City Manager Russell stated he discussed this
recommended action with Mr. Ramirez today. Staff is concerned
Bakersfield, California, December 7, 1983 - Page 15
because this agreement calls for a large City expenditure that has
not been budgeted and the matter should be discussed with a Council
Committee. Hopefully, it will not be more than a two week delay.
Staff was concerned about moving ahead without the Council's full
awareness.
Councilman Payne requested that action on this item be
deferred until the Attorney representing Valley Plaza can confer
with his client.
Councilman Christensen withdrew his motion.
Approval of Water Supply Agreement
between the City of Bakersfield and
California Living Museum for purchase
of Kern River water for landscape
irrigation purposes.
The California Living Museum (CALM), located just east
of Hart Park along the Kern River, desires to purchase river water
for landscape irrigation purposes and the City has, under existing
conditions, a supply of water available. This agreement would
allow CALM to obtain Kern River water for use at their facility
for 29 years. The City's Special Water Attorney has reviewed and
approved the agreement.
Upon a motion by Councilman Rockoff, Water Supply
Agreement between the City of Bakersfield and California Living
Museum for purchase of Kern River water for landscape irrigation
was approved and the Mayor was authorized to execute
purposes,
same.
Mayor Shell declared a recess at 8:10 P.M. and reconvened
the meeting at 8:45 P.M.
Approval of Agreement with Valley
Plaza Associates for construction of
street improvements relating to
expansion of Valley Plaza Shopping
Center.
Upon a motion by Councilman Christensen the matter of
delaying action on the agreement with Valley Plaza Associates for
construction of street improvements relating to expansion of Valley
Plaza Shopping Center and matters brought out in the memorandum
from Acting City ~anager Russell are to be discussed before the
Council tonight.
16
Bakersfield, California, December 7, 1983 - Page
City Attorney Oberholzer stated this is a situation
where the City recognizes there is a problem and has not solved
it. The City recognizes there is an expansion problem in the
Valley Plaza area. The current rules give the Public Works
Director the authority to enter into an agreement with the developer,
even though the agreement may, at sometime, cost the City hundreds
of thousands of dollars to follow through and mitigate the problem
that has been identified. In this particular circumstance the
Public Works Director and Valley Plaza people followed the resolution
in the negotiations. It has gotten to a point where a potential
traffic problem has been identified and everyone agrees there is a
traffic problem out there. The question is, how will it be mitigated.
The resolution provides that a developer of a retail center, of a
certain size, makes a contribution to the City proportionate with
the developments' impact on the City streets. Unfortunately,
simply making a contribution does not solve the problem. It
requires some kind of other action and, unfortunately, that issue
was never addressed in the resolution. He stated he does not know,
and is not sure, anyone knows the solution to the problem. What
staff is saying, without proceeding further and obligating the
City for $600,000, it is being requested that action on this be
delayed for 2 weeks to see if a solution can be found to this
problem. Staff is not finding fault with anyone and is not
attempting to hold up the project. The resolution only identifies
the problem, it does not provide a solution.
Councilman Moore made a motion that action on the agree-
ment with Valley Plaza Associates for construction of street
improvements relating to expansion of Valley Plaza Shopping Center
be deferred and the entire matter referred to the Growth and
Development Committee for study and recommendation back to the
Council at the meeting of December 21, 1983.
City Attorney Oberholzer stated he wanted to make it
clear that the Public Works Director is authorized to sign an
agreement, but he cannot obligate the funds of the City. That is
Bakersfield, California, December 7, 1983 - Page 17
17
the problem. He is authorized to sign an agreement before the
problem is solved.
Councilman Childs stated if the procedure is incorrect
the Council will have to correct it. Valley Plaza entered into
an agreement with the City and it seems they have fulfilled their
obligations. Does the Council enter into agreements and then
backout when the other party enters into it in good faith?
City Attorney Oberholzer stated the City is not backing
out of the agreement. That is not the recommended action. The
agreement before the Council, this evening, is an agreement, whereby,
the City performs the street work, in-lieu of Valley Plaza doing
it, and they pay the City for that work. Staff has now seen some
problems in the solution being handled this way. Staff does not
know if the Council understood that a problem has been identified
with no solution. Staff is requesting that before the agreement
is signed, and the Council takes the responsibility of doing the
work, that action be delayed for 2 weeks and study the matter.
Councilman Childs stated he feels the developer has
~ulfilled all their obligations, followed the City's instructions
and put up the required funds. The Council may have an obligation
to work out a solution tonight rather than send a message of bad
faith to the Valley Plaza people.
Councilman Payne stated he would like to make it very
clear that he is not challenging the integrity or judgment of any
staff member. City Attorney Oberholzer is doing exactly what he
is suppose to do by advising the Council of the potential negative
consequences of the Council's action tonight. Acting City Manager
Russell did absolutely the right thing by bringing the problem to
the attention of the Council. Public Works Director Hawley
operated well within his scope of authority when he signed the
agreement with the Valley Plaza group. The problem tonight is a
matter of integrity with the Council. The former Council knew
what they were doing when the Council's intent was sent to the
18
Bakersfield, California, December 7, 1983 - Page 18
Planning Commission and they acted responsibly. The Council does
not like the end result. This should not become a contest between
Downtown Redevelopment and the expansion of Valley Plaza and he
hopes that is not the issue. He believes,
concerned, that is not the issue tonight.
that, as far as Valley Plaza is concerned,
as far as staff is
There is an agreement
is a legal binding
good faith agreement. There is no doubt that there is something
wrong with the process. There is a giant loophole in the process,
when a staff member and the Planning Commission can obligate the
Council to unknown financial expenditures without the Council's
full knowledge and approval. He agrees with Councilman Childs, a
solution has to be reached tonight, because if it is delayed it
becomes a major issue between Downtown and Valley Plaza and that
should be avoided. Valley Plaza can wind up with J. C. Penney's,
to their benefit, however, it will not change the Council's
direction, policy or opinion on Downtown Redevelopment. It will
not cripple the City's potential projects. It is a temporary
setback, but the Council is not here to manipulate the free enter-
prise system. If Penney's wants to locate at Valley Plaza and
Valley Plaza has a viable project, then they should be allowed to
go. That is exactly the message the Council is sending to the
public, if some kind of action is not taken tonight.
City Attorney Oberholzer stated that the issue being
discussed by Councilman Payne is an issue that does not pertain to
the legal aspect of this matter that the Council is being advised
of tonight. Whatever action is taken, he wants to make sure the
Council understands that, what may be a procedural problem, has
been identified and deserves some determination as to an appropriate
solution. The agreement between Valley Plaza and the City, signed
by the Public Works Director, was entered into pursuant to the
resolution. That is not being acted on tonight. Staff wants the
Council to be aware that the adopted procedures came from a resolu-
tion of the Planning Commission that identified the problem, but does
Bakersfield, California, December 7, 1983 - Page 19
19
not solve it. It provides for a contribution from the developer,
but does not take care of the problem that has been identified,
until such time as the City comes up with the appropriate funds or
uses some other method of solving the problem.
Councilman Payne stated the Council knows the problem,
but an attempt must be made to find a way to honor a moral obliga-
tions, if not legal, to the Valley Plaza group and, at the same
time, plug a loophole so all the City's revenue does not flow out.
Councilman Christensen stated the matter was discussed
thoroughly before the Planning Commission with one of the City
Attorneys present and then it was brought before the Council. The
Council was not informed of anything being illegal and it was
adopted. Councilman Christensen stated he feels the Council has
to honor commitments that were legally arrived at under the due
process of serving as a Council.
Mr. Tom Fallgatter, Attorney representing Valley Plaza,
stated he wanted to stress that the agreement, on the agenda tonight,
does not obligate the City to spend one dime for improvements
around Valley Plaza. The agreement indicates that the on-site
improvements are going to cost $330,000, as estimated by the City
Engineer, with a cushion for inflation. Valley Plaza has agreed
to put up every single dime of that money. There has been talk
about the City being obligated to spend money by an action of the
City Engineer and that is not correct. The thing that seems to be
troubling staff is this newly discovered problem. It is the
identical problem that was worked on last June, July and August by
everyone. This is not a newly discovered problem. Last June, when
Valley Plaza came in for the expansion, there was concern that the
expansion would generate some traffic impacts and other possible
impacts in that area of the shopping center. This City Council
asked the Planning Commission to come up with a vehicle to require
Valley Plaza to make some contribution for improvements that are
traditionally not required under the Site Plan Review process.
That went to the Planning Commission and it was decided the best
2O
Bakersfield, California, December 7, 1983 - Page 20
way to do this was to modify the Site Plan Review process and that
was done. The resolution went through 6 drafts in the City Attorney's
Office, so it was fairly thought out as to what it was to provide.
The solution was, that there should be some mechanism to require a
developer to pay its proportional share of the improvements that
were necessary as a result of the fact the City was growing and
the proposed development. Everybody understood., at the time, that
any particular development should not be required to pay 100% of
the cost of improvements. In other words, everyone agrees that
there is a traffic problem on the overpass at Ming Avenue and
Highway 99 and it is due to all kinds of development up and down
Wing Avenue. It will also be impacted by development in the future.
The Council, staff and Planning Commission all agreed it would be
unfair to require one particular project to bear the entire cost of
those improvements. The City was concerned about what should be
done if a developer makes a fair contribution and the City does
not have the funds to finish the improvements. The solution was,
that the developer would be required to leave his money in the
fund for 10 years, while the City made appropriations or other
developers made the additional contributions to accumulate the
money to complete the improvements. It was also agreed that after
l0 years, if the City has not made the improvements, the money
contributed would be returned to the developers. It was understood.
and agreed upon by everybody, last July, that there would only be
a proportionate contribution, the City might not have the money to
complete those improvements and the money should stay for l0 years
then go back to the developer. It does not provide an immediate
solution, if the City does not have the other funds. The overpass
on Ming Avenue cannot be fully funded right now. Everybody under-
stood that this was the best vehicle and it would be unfair to
expect any single development to contribute 100% of the cost.
The City Engineer did not sign an agreement. The only
thing the City Engineer did was what he was authorized to do, which
Bakersfield, California, December 7, 1983 - Page 21
21
was to agree with the developer as to what proportion of the cost
of these improvements this project should bear. In other words,
in regards to the expansion of the overpass over Highway 99, it was
agreed that the Valley Plaza expansion should not bear the full
cost of that expansion. Mr. Fallgatter then explained how it was
determined what share the Valley Plaza should bear. They sat down
with the City Engineer and through a long series of negotiations
agreed with the City Engineer as to what the appropriate allocation
would be. They never did agree with the City Engineer on the right
formula for making this determination. However, when it came to
the bottom line the number being suggested by the City Engineer was
determined to be appropriate and they agreed to it. They were
anxious to get on with the project. So the City Engineer, acting
as the Council authorized him to do, did not enter into any agree-
ment and has not obligated the Council to spend a dime. All he
did was agree on what the proportionate assessment should be against
Valley Plaza. A letter agreement was signed stating the proportior~ate
share for Valley Plaza is $229,000, and this money has to be con-
tributed to the fund before their project can be built. Valley
Plaza will pay 100% of the on-site improvements. The project
cannot go forward until the money is paid.
Their concern, is that, if the Council defers this
agreement, based on the staff report, which is really just a
mechanical agreement to handle the physical improvements, the only
conclusion that can be reached is that this Council and staff want
to renegotiate the amount of contribution that Valley Plaza is going
to be required to make. There can be no other reason for deferring
this agreement. If the Council does that, the only conclusion he
will be able to make, is that, there has been tremendous pressure
put on City staff by the developers of downtown to come up with
something to cause the Council to renig on an agreement in order
to attempt to defer the Valley Plaza expansion. The Council will
be sending a clear message to J. C. Penney's and Valley Plaza
that the Council will renig on the agreement that was entered into
Bakersfield, California, December 7, 1983 - Page 22
and they are attempting to delay and obstruct the development
and expansion of Valley Plaza with the hope of preserving the down--
town project. They are requesting to send a clear message and go
forward and complete that process. If the Council feels the
resolution adopted last July is not the appropriate way, it is
suggested that it be referred to Committee for further study for
a different procedure. There were other procedures suggested last
July and there are other solutions to this that may be just as
fair, however, this is the one that the Council came up with and
the one that Valley Plaza agreed to abide by and it is hoped and
expected that it will be abided by and the project will be allowed
to go forward.
Councilman Christensen offered a substitute motion that
Agreement with Valley Plaza Associates for construction of street
improvements relating to expansion of Valley Plaza Shopping Center,
be approved and the Mayor authorized to execute same.
Councilman Payne stated he supports Councilman Christensen's
motion and requested that it include a recommendation to refer the
matter back to the appropriate Council Committee for further con-
sideration so this type of problem can be eliminated in the future.
Councilman Christensen stated until the downtown parking
problems are solved he is convinced that if J. C. Penney's moves
to Valley Plaza, with all the other improvements out there, that
the Sales Tax revenues accruing to the City will be much larger.
Councilman Moore stated, so there is no misunderstanding,
his concern is in no way a reflection against Valley Plaza. His
concern is merely a procedural one, because there was no supportive
material regarding the agreement and he has trouble making a
decision of this magnitude when staff has advised the Council to
take another course of action.
Councilman Barton stated there are two things wrong with
the Site Plan Review process:
1. The City of Bakersfield is eliminated from
the appeal process on this type of project.
Bakersfield, California, December 7, 1983 - Page 23
23
2. The staff can financially obligate the City.
If the City cannot come up with the money it is refunded
to the developer in l0 years. That means there is still a tremendous
problem that has to be mitigated. He has a problem with the fact
that a staff member, by entering into an agreement, can, by
reference, obligate the taxpayers to come up with the funds. The
Council is elected to represent the people and set the budget to
migitate problems in the City of Bakersfield and a nonelected staff
member should not have that authority.
Mr. Gordon Gill, 8000 Dos Rios Way, stated he uses Ming
Avenue on a daily basis. There are two issues that need to be
resolved. One is the staff's ability to obligate the City to
substantial financial problems in the future, based on the authority
given in the ordinance. The second issue is the timing of improve--
ments. There does not seem to be anything in the ordinance that
requires the improvements to be done in a timely manner. The
Valley Plaza expansion could proceed and the overpass and off-ramps
may not be improved. If that occurs there is going to be a serious
environmental impact in that area. Staff has requested a week
delay and that is appropriate in this matter so an analysis can be
made, report made on the financial obligations imposed on the City,
how it might be settled and how the timing of improvements can be
settled. It is essential that off-site improvements be completed
at the time the new expansion takes place.
Councilman Rockoff stated the Council has just gone
through several weeks of gathering ulcers over the fact that the
Council has not been given information and did not have a proper
basis to make decisions. Now staff has presented information and
expressed the fact that there is a problem. If the Council is
true to the feeling that seemed prevalent in the past, that the
Council wants to be subjected to knowledge of potential problems
and staff has provided that information, it would be shortsighted
not to spend 2 weeks studying the matter. A 2 week delay is not
sending out a signal that the Council is trying to stand in the
24
Bakersfield, California. December 7, 1983 - Page 24
way of improving Valley Plaza. It is possible that after 2 weeks
it could be interpreted that an action of the Council might have
that implication. Certainly, a 2 week delay to discuss a problem
that seems to be very serious is not a signal that the Council is
trying to kill a project. The Council owes it to the staff to
respect the fact that they are willing to submit problems.
Mr. Fallgatter stated Mr. Gill is employed by Eddy,
Paynter and Renfro, the Architectural firm that is going all the
drawings for the Downtown Mall that stands to make a substantial
amount in commissions if that project goes forward.
Councilman Christensen's substitute motion that the
Agreement with Valley Plaza Associates for construction of street
improvements relating to expansion of Valley Plaza Shopping Center,
be approved and the Mayor authorized to execute same, carried by
the following roll call vote:
Ayes: Councilmen Payne, Ratty, Childs, Christensen
Noes: Councilmen Moore, Rockoff, Barton
Absent: None
Mrs. Martha Walters, 3301 Dwight Street, stated she
agrees with Mr. Gill and delaying the agreement with Valley Plaza
would not have done anything to prevent that project. The Council
should not have voted on this matter without sufficient information.
As a taxpayer she objects to decisions being made without sufficient
information and requested that a public hearing be scheduled for
reconsideration of the agreement.
Mr, Lynn Edwards expressed his concern regarding the
screening of applicants for appointment to City boards and com-
missions and the possibility of eliminating the ordinary citizen
from serving and he felt these boards and commissions should
represent the total community. Mr. Edwards also asked about the
seating arrangements of the Council in the Council Chambers and
stated he felt they should be identified by name and Ward number.
Mr. Edwards asked what the procedure is for a person to
give a public statement, if he is not scheduled on the agenda.
Bakersfield, California, December 7, 1983 - Page 25
25
Mayor Shell stated they could be recognized by a Council--
man, however, people are asked to schedule their statements ahead
of time because of the size of agendas. If there is an urgent
matter a citizen should be recognized, but people usually know
ahead of time that they have a matter to bring before the Council.
Councilman Ratty stated he has no trouble with anyone
expressing an opinion about City matters. However, randomly
jumping up and talking to the Counci~ because a person is moved
by a Council statement is not appropriate. The Council will
recognize anyone who has a statement under a particular topic.
There is an appropriate procedure and there is no control over the
Council Meetings at the present time. The Council needs to get a
handle on this.
Mayor Shell stated, ordinarily, a person comes before
the Council because they have either a request for a service or a
complaint. It is a courtesy to stay on a subject matter that the
Council is concerned with.
Mr. Abdul Rahim Mustafa Muhammad, 128 Lakeview Avenue,
read a prepared statement regarding man's full potential.
Mrs. Walters asked if it is proper for the Council,
during a recess, to go into the hall and discuss a matter that
should be discussed on the Council floor.
City Attorney Oberholzer stated he was discussing the
Valley Plaza matter with their attorney and there were no more
than three Councilmen present at one time. There was never a
quorum present and it would be inappropriate for four Councilmen
to be discussing an issue, unless it is done in a public meeting.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Moore, the meeting was
adjourned at 10:15 P.M. '~
MAY R o the~ty of ~akersfield, Calif.
ATTEST:
ASSISTANT CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, California
ma
26
Bakersfield, California, December 15, 1983
Minutes of a Joint Public Hearing of the Council of the
City of Bakersfield and the Bakersfield Redevelopment Agency, held
in the Council Chambers of City Hall at 3:00 P.M., December 15,
1983, regarding a Disposition and Development Agreement on the
proposed lease of certain real property in the Downtown Bakers-
field Redevelopment Project Area by the Redevelopment Area to the
Bakersfield Metropolitan Association (Developer), for development
of a full service convention-type hotel bounded by Truxtun Avenue
on the north, "Q" Street on the east, Civic Auditorium property on
the west and the Santa Fe Railroad right-o£-way on the south.
The meeting was called to order by Mayor Shell and Agency
Chairman Barton, followed by the Pledge of Allegiance and Invocation
by Mayor Shell.
The City Clerk called the roll of the Council, as follows:
Present: ~4ayor Shell. Councilmen Payne, Rockoff, Barton, Childs,
Christensen, Moore
Absent: Councilman Ratty
The City Clerk called the roll of the Agency, as follows:
Present: Agency Members Payne, Rockoff, Barton, Childs,
Christensen, Moore
Absent: Agency Member Ratty
STAFF REPORTS
Economic Development Coorinator Kennon briefly described
the changes that have taken place on the project since it was last
reviewed by the Council and Redevelopment Agency. The project was
a hotel complex containing a banquet hall, ballroom type facility
and meeting rooms. It was to be built on the property east and
adjacent to the existing Civic Auditorium. It was determined, in
the feasibility study by the developer and consultants, that the
project had economic difficulties in terms of meeting market
demands and certain economic criteria. Therefore, the project was
restructured to include the development of a hotel with separate
banquet facilities and meeting rooms (removed from the hotel), to
be placed within the Civic Auditorium property. As presently
Bakersfield, California, December 15, 1983 - Page 2
27
proposed, the meeting space would be located in the large portico
area that is in the front of the Civic Auditorium. The banquet
hall would be located adjacent to the Auditorium on the triangular
parking area that is northeast of the Civic Auditorium. It is
proposed that the Agency take on the responsibility of creating
that space, as well as, making certain modifications and refur-
bishing existing facilities within the Auditorium. In addition
to the changes in the physical design of the development, it is
also proposed that the City and Agency enter into a Joint Operatior~
and Maintenance Agreement for the new facilities, which would
basically divide responsibility for the maintenance. The drawings
were not received from the architect, but will be available for
the Council and Agency prior to execution of the Disposition and
Development Agreement. The bulk of the hotel will remain the same
as first reviewed, except it will be located a little closer to
the Civic Auditorium and enlarged from 230 to 297 rooms, and will
be eleven stories high.
Mr. Calvin Hollis, representing the firm of Katz, Hollis,
Coren and Associates, the Redevelopment Agency's Financial Con-
sultants, referred to two documents: one from Keyset Marston
Associates, Inc., dated December l, 1983; and, the second from
Katz, Hollis, Coren and Associates, dated December 2, 1983,
entitled "Analysis of Cost of Second Implementation Agreement for
the Disposition and Development Agreement for the Convention Center
Hotel." The information in these two documents is to satisfy the
requirements of Section 33433 of the Health and Safety Code, which
require the cost of any such agreement to be analyzed and the
information made available to the Council and Community, that the
lease value of the site also be determined, and if that lease
value is less than the proceeds the Agency will receive from the
site, an explanation as to why there is a difference. The Keyset
Marston letter is a result of an analysis of the terms of the
lease being proposed between the Agency and the Developer. The
Bakersfield, California, December 15, 1983 - Page 3
lease provides for a base rental, beginning at $50,000 per year,
rising to a base rental of $200,000 per year. The lease also
provides for an additional rental, based upon the operating income
from the hotel. The Agency would receive 7% of room sales and
3~% of all other sales. This is primarily food and beverage sales
from the £acility above certain minimums, which are called break-
even levels. Keyser Marston made an analysis of the project,
projected future revenues of the project and estimates the present
value of that income to the Agency, which is approximately $3,700,0,30.
Keyset Marston has also conducted an analysis of the site to deter-
mine the highest and best use and concluded that the value is
approximately $2,500,000. The compensation
is higher than the fair market value of the
unusual for a Redevelopment Agency to be in
In the course of the negotiations, in order
the Agency will receive
site. It is a bit
that kind of situation.
to make this type of
development work, the Developer indicated they believe it is a
better transaction to trade-of£ future income for some early
release on the amount of payments the Developer must make from
the hotel, especially during those first years of operation. The
Developer has made an economic decision that he would rather share
more of the income in the future than pay a higher up-front price.
The result is, at the present value, in determining what today's
value is of the income the Agency is likely to receive, the Agency
will actually receive a higher amount than it would receive at the
highest value the site indicates.
The Katz Hollis analysis describes the agreement. The
primary dif£erence between this agreement and the one previously
approved by the Agency, is that, it requires the Agency to finance
the cost of the meeting and banquet rooms. Under the previous
agreement it was the Developer's responsibility to provide those
meeting and banquet rooms. For consideration of the Agency's
obligation for the additional cost, the Agency's lease partici-
pation and income is higher than what was previously approved.
Bakersfield, California, December 15, 1983 - Page 4
29
The cost of this agreement includes the Agency's obligation to
acquire, demolish and relocate the occupants; provide a minimum
of public improvements; and the administrative cost to the Agency
for implementing the site assembly. The total of those costs is
approximately $1,620,000. The Agency has two additional costs in
the agreement, direct and indirect. The direct cost is the meeting:
and banquet facilities. The contract the Agency is considering
requires the Agency to spend up to $1,000,000 for those costs.
The Agency, in order to facilitate this agreement, has agreed to
expand some of the conference facilities to provide a storage area,
which will be lost because of a portion of the site being used for
the hotel. While the agreement, per se, does not require the
Agency to provide those storage facilities, the Agency has agreed
with the City to provide those facilities and has included those
costs, as an indirect cost of this agreement. The cost of those
storage facilities has been estimated to be an additional $800,000.
The total cost to the Agency is approximately $3,400,000. In
determining the net costs to the Agency, that is the cost to the
Agency after consideration of both the amounts it will receive
from the Developer as lease payments, which has been estimated
at a present value of $3,700,000, and the additional tax increments,
which has been estimated at a present value of approximately
$2,100,000. The Agency will, therefore, receive a total of
$5,800,000 and will have costs of approximately $3,400,000. There-
fore, the revenues from the project exceed the costs by approximately
$2,400,000.
Mr. David Beatty, Consulting Attorney for the Redevelop-
ment Agency, stated the banquet and meeting rooms will be owned by
the City. The Agency will cause the improvements to be constructed.
Mr. Hollis stated the improvements are listed in the
Third Implementation Agreement~ Attachment No. 3, Page 6, as
follows:
Redecorating and refurnishing of existing
meeting rooms;
3O
Bakersfield, California, December 15, 1983 - Page 5
2. The addition of a sufficient number of
conference and meeting rooms to provide
a total of thirteen (13) to fifteen (15)
rooms of various capacities; and
3. The construction of an approximately
8,000 square foot ballroom facility.
Mr. Beatty described the basics and short changes made
to the agreement because of last minute negotiations. The basic
agreement presently calls for concept drawings to be submitted to
the Agency at this time, "not later than December 15, 1983." It
is being requested to change the agreement to: "Prior to execution
of the agreement by the Agency, but in any event prior to December
31, 1983." The key for the entire Development Agreement and hotel
project going forward is the issuance of Industrial Development
Bonds prior to the end of the year. This is how it is going to be
financed and both the Developer and Agency have the ability to
terminate the agreement if Industrial Development Bonds, satisfactory
to the financing of the hotel, are not issued prior to the end of
the year. This Implementation Agreement, the prior Implementation
Agreement, as well as the original Development Agreement, are with
Bakersfield Metropolitan Association. The Third Implementation
Agreement is with the same Developer, however, there is also a
requirement that the partnership enter into a partnership with
Associated Inns and Restaurant Company of America (AIRCOA). The
Development Agreement is to be assigned to AIRCOA and they will
assume the responsibility for implementation of the Development
Agreement within 45 days o£ this agreement. Submission o£ drawings,
both for the basic project and Civic Auditorium, are to be presented.
60 days after execution. At that time the Agency commences to
acquire the property they do not own, however, in no event until
after the bonds have been sold. There is an execution of the
Operation amd Maintenance Agreement; evenutal execution of the
Lease, after the bonds have been issued; commencement of construction
of the improvements to the Civic Auditorium by the Agency; and
finally, the entire project is planned to be completed 18 months
after commencement of construction.
Bakersfield, California, December 15, 1983 - Page 6
Mr. Beatty explained the following changes to the Third
Implementation Agreement between the Bakersfield Redevelopment
Agency and Bakersfield Metropolitan Association and requested the
Council and Agency approve the Development Agreement, but the
consultants have the authority to go back and make whatever technical
changes are necessary on Attachment No. 4 to implement those ideas:
Attachment No. 5, Page 1, Action l:
Presently states - Execution of Second Imple-
mentation Agreement by the Agency.
Corrected to state - Execution of Third Imple-
mentation Agreement by the Agency.
Attachment No. 5, Page 1, Action 2:
Presently states - Not later than December 15,
1983.
Proposed change - Prior to the execution of the
Agreement by the Agency, but in no event later
than December 31, 1983.
Attachment No. 4, Page 7, First Paragraph:
At the end of the first paragraph it refers to
interest. It is not defined how the interest
is to be calculated. It has been agreed it
should be calculated annually at a rate equal
to the Bank of America Prime Rate.
Attachment No. 4, Page 7, Paragraph (g):
Paragraph (g) revises the base rent in the
event the Lessee or Developer decises to take
an option of ten years. They have two option
periods. If they take an option, this revises
the method by which the base rent is calculated.
Presently states - The base rent would be no
less than $500,000 per year and for the second
period, it wou~d be $1,000,000 per year. It
is a stated flat amount.
Proposed change - Instead of the flat amount,
the base rent will not be less than 80% of
the last two years of the initial term.
Economic Development Coordinator Kennon stated it has
~ong been the desire of the City to upgrade the Civic Auditorium
and make if a full service convention facility. The concept of
locating a hotel adjacent to this facility has been under dis-
cussion for years. In attempting to create a full-fledged, viable
convention center complex, the Agency has agreed to provide these
32
Bakersfield, California, December 15, 1983 - Page 7
public facilities and also take under consideration a division of
responsibility, relative to the maintenance and operation of those
facilities. The Memorandum of Understanding describes, basically,
in substantive form, what should be considered when the final
agreement for this operation is developed. Page 2 of the Memo-
randum of Understanding deals with an important policy issue in
terms of the use of the Transient Lodging Taxes that the City
collects from the hotel-motel industry. What is proposed in this
Memorandum of Understanding is an effort to promote a higher level
of maintenance for the Auditorium by investing a portion of those
Lodging Taxes back into the Auditorium Convention Center Complex
for increased levels of maintenance. Basically, the use of the
public spaces, such as, the ballroom and meeting rooms, would
remain the same as it is now described under the Municipal Code.
The basic change deals with the control of the calendar for booking
of those spaces. The hotel operators have indicated they would
feel more comfortable, and be in a better position to plan operations
of their facilities, if they had a degree of control over the ball-
room and meeting rooms. The City would maintain control of the
booking and calendar for the Civic Auditorium Complex. This is
spelled out in the Memorandum of Understanding. The cost and
allocation of the use of those spaces would remain the same. The
hotel operator will pay the same fees as any other operator.
Mr. Hollis stated that in the agreement, the Agency's
lease payments are calculated upon the revenues from the hotel.
The Developer has asked that any revenues that are subject to the
10% facility fee the City currently charges be excluded. So, the
Developer does not, on one hand, pay 10% of the banquet revenues
to the City and, on the other hand, pay another 3½% of those same
banquet revenues to the Agency. The Developer will be making the
same payments as any other user of that facility, but he would not
make double payments by having that income to the hotel counted
within the income the Agency receives in lease payments.
Bakersfield, California, December 15, 1983 - Page 8
Economic Development Coordinator Kennon stated that,
based on the language in the Memorandum of Understanding, in terms
of maintenance, the City will take on responsibility for the major
structural, utility and environmental systems throughout the entire
convention center. The owner, hotel operator, would be responsible
for the setup, takedown and routine cleanup responsibilities of the
banquet hall and meeting rooms.
Mr. Hollis stated that it is also the hotel owner's
responsibility to replace hotel furniture, fixtures and equipment
necessary for the operation of the ballroom and meeting rooms.
In answer to a question by Councilman Rockoff, Economic
Development Coordinator Kennon stated the wording on Page 6 of the
Memorandum of Understanding, "conferences booked..." can be
broadened to include other uses besides conferences.
In answer to a question by Councilman Moore, Economic
Development Coordinator Kennon stated that what comes out of todays'
meeting, will be placed in legal language within a final agreement.
This Memorandum of Understanding is not the final form and there is
some latitude within the very general language of this document.
Mr. Gordon Bell, representing Associated Inns and
Restaurant Company of America (AIRCOA), and the local Bakersfield
partnership that has been involved in the development of the hotel,
stated that in the current City policy the use of the convention
center establishes convention uses as the first priority. The
reasons the December 31st date becomes important is because
Congress has before it legislation that would dramatically change
what has been historical regulations governing the use of Industrial
Revenue Bonds. Some of the wording in that legislation would make
Industrial Revenue Bond financing very difficult, if not impossible
for this type of project. One o£ the reasons they are interested
in this project is that they see a close working relationship
between the private and public sector, combining the assets already
in existence and the convention center augmented with the suggestions
of improving its multi-use capability, along with a larger hotel
Bakersfield, California, December 15, 1983 - Page 9
facility, that would service the convention center function, as
well as, being competitive in the hospitality market place.
Specifically, in terms of financial structure, the Developer
anticipates using Industrial Revenue Bonds. The general structure
of the financing involves two partnerships working together, which
is why there are two Inducement Resolutions before the Council and
Agency tonight. Each partnership will own 50% of the hotel and in
each case will be responsible for development not to exceed
$10,000,000 in value, which is the Internal Revenue Service limi-
tation on Industrial Revenue Bond useage. Each partnership has two
general partners composed of a local Bakersfield general partner-
ship, as well as, AIRCOA. The overall cost of the project will be
$18,000,000. There will be a $4,000,000 cash equity. The bonds
expected to be issued will be $14,000,000. AIRCOA is providing a
million dollar cash loss guarantee should the early years of the
hotel not be what is anticipated. So, the total commitment to the
hotel will be $19,000,000, although the actual cost of construction
of implementing the hotel will be $18,000,000. Dean Whitter has
made a commitment, good until the end of the year, for the under-
writing of the bonds with a couple of conditions attached to their
commitment. The most important condition is that they require the
bonds be rateable. Essentially, what they are looking for is a
minimum of Single A Rating, obviously, a Triple A Rating is the
most desirable. The significance is marketability of the bonds on
the open market. In order to achieve a rating on the bonds, the
Developer must secure a Letter of Credit, guaranteed for the full
$14,000,000, from a rated institution, which would be typical of
any large bank or insurance company. AIRCOA has been focusing on
the problem of obtaining the Letter of Credit during the last month
with a great deal of effort, and at the same time, working with the
necessary legal counsel to get the logistics of the legal work lined
up to the point where, when the Letter of Credit commitment is
received, that work can be completed in a very rapid fashion to
Bakersfield, California, December 15, 1983 - Page 10
meet the December 31st deadline. The reality is, if the Letter of
Credit commitment is not received, at the latest, by Tuesday or
Wednesday of next week, there will not be enough time. If the
deadline is not met, there is the option for both the Developer,
City and Agency to terminate the agreement. Given the interest
rate differentials between Industrial Revenue Bond financing and
market financing, there is not much hope for
but AIRCOA would be willing to work with the
that.
PUBLIC HEARING
pation.
Commerce
a restructured project,
Agency in attempting
Mayor Shell declared the hearing open for public partici-
Mr. Larry Moxley, President-Elect of the Chamber of
and Convention Bureau, stated both organizations have,
historically and consistently, endorsed the hotel civic center
project in concept and will continue to do so quite strongly. At
this time, because of the changes and lack of time to digest them,
there has been light given to several questions:
1. Part of the concern is if the Convention
Bureau is out pursing convention business,
who has the priority in booking conventions
and what is the final authority for conflict
resolution?
Economic Development Coordinator Kennon stated that the
priorities do not change from what they currently are. It is a
function of time, who asks for and reserves a particular time.
There really is no change over how it presently functions. It is
a correct assumption that if the Convention Bureau is out booking
several years in advance, the hotel will not bump those reservations.
2. Will there be a guarantee by the complex
on reservations, when the Bureau is out
booking a headquarter facility? Will
there be a required two-thirds guarantee
of the rooms?
Mr. Hollis stated that issue is between whomever is
booking the conventions and the hotel they choose to deal with.
The City is not a party to those kinds of discussions.
36
Bakersfield, California, December 15, 1983 - Page ll
3. How specifically will the Hotel Bed Tax be
used? For the hotel itself, or the main-
tenance of the civic center and new
additions only?
Economic Development Coordinator Kennon stated it is
specifically stated, in the Memorandum of Understanding, that it
would not be used for the hotel, but for the maintenance of the
convention facilities, auditorium and arena.
4. There has been some concern by the Chamber
and Convention Bureau, as to relocating
either the Chamber or Bureau facilities
in the hotel or hotel complex. It is
addressed in the documents we have
received. Does that refer to hotel people
or the existing Bureau into that facility?
Economic Development Coordinator Kennon stated the language
in the Memorandum of Understanding addresses the Hotel Convention
Manager. However, there have been discussions regarding the
Chamber and Convention Bureau and that issue is still open for
discussion.
Mr. Moxley stated that, again, he would like to reiterate
that the Chamber and Convention Bureau are in support of this
project.
In answer to a question by Mr. Hulen Burcher, 24 Oregon
Street, Economic Development Coordinator Kennon stated the language
of the Memorandum of Understanding states that the City of Bakers-
field will be responsible for the maintenance of the structure and
environmental systems. The hotel operator will be responsible for
daily setup, takedown and cleanup of the ballrooms and meeting
rooms. In addition, the hotel operator will be responsible for
replacing furniture and furnishings on a routine basis. This is
an agreed upon responsibility of the hotel operator. Pursuant to
the existing ordinance, there is a fee charged the user to com-
pensate for the expense of cleanup. The hotel will be a separate,
free-standing facility, with a possible covered walkway connecting
it to the civic center facility.
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 and Agency deliberation and acti,3n.
Bakersfield, California, December 15, 1983 - Page 12
37
COUNCIL AND AGENCY ACTIONS
Adoption of Resolution No. RA17-83
of the Bakersfield Redevelopment
Agency approving and authorizing the
execution of a Third Implementation
Agreement to the Disposition and
Development Agreement between the
Bakersfield Redevelopment Agency and
the Bakersfield Metropolitan Associa-
tion.
Upon a motion by Agency Member Moore, Resolution No.
RA17-83 of the Bakersfield Redevelopment Agency approving and
authorizing the execution of a Third Implementation Agreement to
the Disposition and Development Agreement between the Bakersfield
Redevelopment Agency and the Bakersfield Metropolitan Association,
with the three previously described amendments and the technical
changes to be made on Attachment No. 4, Page 7, was adopted by the
following roll call vote:
Ayes: Agency Members Payne, Rockoff, Barton, Childs,
Christensen, Moore
Noes: None
Absent: Agency Member Ratty
Adoption of Resolution No. 135-83 of
the Council of the City of Bakers-
field approving and authorizing the
execution of a Third Implementation
Agreement to the Disposition and
Development Agreement between the
City Council of the City of Bakers-
field and Bakersfield Metropolitan
Association.
Upon a motion by Councilman Rockoff, Resolution No.
135-83 of the Council of the City of Bakersfield approving and
authorizing the execution of a Third Implementation Agreement to
the Disposition and Development Agreement between the City Council
of the City of Bakersfield and Bakersfield Metropolitan Association,
including three previously described amendments and the technical
changes made to be made on Attachment No. 4, Page 7, was adopted
by the following roll call vote:
Ayes:
Councilmen Payne, Rockoff, Barton, Childs, Christensen,
Moore
Noes: None
Absent: Councilman Ratty
38
Bakersfield, California, December 15, 1983 - Page 13
Adoption of Resolution No. 136-83 of
the Council of the City of Bakers-
field declaring its intent to issue
Industrial Development Revenue Bonds
in connection with the project of
Bakersfield Heritage Hotel Associates,
LTD. I.
Upon a motion by Councilman Barton, Resolution No.
136-83 of the Council of the City of Bakersfield declaring its
intent to issue Industrial Development Revenue Bonds in connection
with the project of Bakersfield Heritage Hotel Associates, LTD. I,
was adopted by the following roll call vote:
Ayes: Councilmen Payne, Rockoff, Barton, Childs, Christensen,
Moore
Noes: None
Absent: Councilman Ratty
Adoption of Resolution No. 137-83 of
the Council of the City of Bakers-
field declaring its intent to issue
Industrial Development Revenue Bonds
in connection with the project of
Bakersfield Heritage Hotel Associates,
LTD. II.
Upon a motion by Councilman Barton, Resolution No.
137-83 of the Council of the City of Bakersfield declaring its
intent to issue Industrial Development Revenue Bonds in connection
with the project of Bakersfield Heritage Hotel Associates, LTD. II,
was adopted by the following roll call vote:
Ayes:
Councilmen Payne, Rockoff, Barton, Childs, Christensen,
Moore
Noes: None
Absent: Councilman Ratty
Approva~ of Memorandum of Under-
standing between the City of Bakers-
field, Redevelopment Agency of the
City of Bakersfield and Bakersfield
Metropolitan Association for
Operational and Maintenance Agreement.
In answer to a question by Councilman Barton, Economic
Development Coordinator Kennon reviewed the Memorandum of Under-
standing, pertaining to the administration of bookings, The way
the Memorandum of Understanding is structured, the City would
maintain control of the calendar for the bookings in the Auditorium
Bakersfield, California, December 15, 1983 - Page 14
39
and arena complex. The hotel operator would retain control of the
calendar for booking of the ballroom and new meeting rooms.
Basically, any disputes that would arise would have to be resolved
between the Auditorium Manager and the Hotel Manager.
Auditorium Manager Graviss stated that under discussion
is the booking of conventions, which are usually booked at least
one year in advance. Currently, under the existing ordinance,
conventions booked one year in advance have priority and can
obtain any date on the calendar. He did not feel there would be
a problem. The hotel will have the booking rights on the ballroom.
The hotel will be able to pencil in six months in advance, and if
there is any conflict, it would be negotiated and worked out. Me
did not feel there would be any problem.
Upon a motion by Councilman Barton, the concept of the
Memorandum of Understanding between the City o£ Bakersfield,
Redevelopment Agency of the City of Bakersfield and Bakersfield
Metropolitan Association for Operational and Maintenance Agree-
ment, with appropriate and final language to be subject to approva~
of the City Attorney, was approved by the following roll call vote:
Ayes Councilmen Payne, Rockoff, Barton, Childs, Christensen,
Moore
None
Councilman Ratty
Upon a motion by Agency Member Moore,
Noes
Absent:
the concept of the
Memorandum of Understanding between the City of Bakersfield,
Redevelopment Agency of the City of Bakersfield and Bakersfield
Metropolitan Association for Operational and Maintenance Agreement,
with appropriate and final language to be subject to approval of
the City Attorney, was approved by the following roll call vote:
Ayes:
Noes:
Absent:
Agency Members Payne, Rockoff, Barton, Childs,
Christensen, Moore
None
Agency Member Ratty
4O
Bakersfield, California, December 15, 1983 - Page 15
ADJOURNMENT
Upon a motion by Councilman Christensen, the Joint
Public Hearing before the Council and Redevelopment Agency re-
garding the Disposition and Development Agreement on the proposed
lease of certain real property in the Downtown Bakersfield
Redevelopment Project Area for development of a full service
convention-type hotel, was adjourned at 4:52 P.M.
Upon a motion by Agency Member Moore, the Redevelopment
Agency's portion of the Joint Public Hearing regarding the Dis-
position and Development Agreement on the proposed lease of
certain real property in the Downtown Bakersfield Redevelopment
Project Area for development of a full service convention-type
hotel, was adjourned at 4:53 P.M.
ATTEST:
~SSIST~NT CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, California
cw/ma
Bakersfield, California, December 21, 1983
41
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., December 21, 1983.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Dr. Clyde Wasdin of
the First Assembly of God Church.
Present:
Absent:
The City Clerk called the roll
Mayor Shell. Councilmen Ratty,
None
as follows:
Rockoff, Barton, Childs,
Christensen, Moore, Payne
Minutes of the regular meetings of November 30, 1983, and
December 7, 1983, were approved as presented.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
David B. Harvey, Route 1, Box 56M, Lake Isabella, California, dated
December 9, 1983, expressing his views on the proposed Pavilion
Complex to be built on river bottom land near Manor Street, was
received and ordered placed on file.
Upon a motion by Councilman Christensen, communication
from Shirley Fae Steele, 729 Quincy Street, and Reverend Joseph J.
Madera, St. Josephs Church, 1515 Baker Street, dated October 27,
1983, requesting the abandonment of a portion of Quincy Street
between Baker and King Streets, was received and referred to the
Planning Commission for study and recommendation.
Upon a motion by Councilman Ratty, communication from
Panama Union School District, dated November 15, 1983, submitting a
report required by Ordinance No. 2780, regarding collection of fees
for Panama Union School District, was received and ordered placed on
file.
COUNCIL STATEMENTS
Councilman Ratty requested the Police
regarding the
Wards.
Chief to give a report
cost to the City for holding Council Meetings in various
42
Bakersfield, California, December 21, 1983 - Page 2
Police Chief Price stated the meeting held in the 6th
Ward required a complete microphone harness system because the
building was not set up for recording the meeting and that was a
one time cost of $724.00. The City now has that equipment and it
wiil be available for future meetings in the Wards. The cost for
overtime and labor for employees to run that meeting was approximately
$250.00. It will probably cost about the same for future meetings
that are held in the various Wards. It could be higher depending on
the facilities and ability of the radio people to hook up the equip-
ment. If a meeting is being held in the Council Chambers on the
same day that a meeting is planned for one of the Wards that equip-
ment cannot be used and will have to be borrowed from another depart-
ment. If the Council plans to hoid these meetings on an ongoing
basis, the Police Department will probably make a recommendation to
budget equipment, costing approximately $2,500, that will be portable
and can be used for a backup in the Council Chambers.
Councilman Barton stated at a previous meeting the Council
dealt with a Site Plan Review for a Major Retail Project and it was
approved. However, some serious issues concerning this matter came
to light. Assistant City Attorney Saalfield has written a report
highlighting the problem that the City Engineer, in a way, can
obligate the City to fund projects. Elected officials are the only
ones who should have the authority to obligate the budget taxpayers
money.
Upon a motion by Councilman Barton the matter of Site Plan
Review for Major Retail Projects was referred to the Growth and
Development Committee for study and recommendation.
Councilman Barton stated during the last heavy rain there
was a problem with the Sandra Drive Pump Station that has been going
on for a number of years. Phase II has been completed and it has
not cured the problem.
Bakersfield, California, December 21, 1983 - Page 3
Upon a motion by Councilman Barton the Sandra Drive Pump
Station improvements was referred to the Budget and Finance Committee
to investigate the possibility of funding those improvements in a
more rapid manner and come back to the Council with a recommendation.
Councilman Barton stated it has been brought to his attention
by a number of developers and builders that with all the increases in
fees and new fees there is concern that the housing market will be
out of the competitive market. They feel some time could be saved on
the off-site improvement scheduling, which will save home buyers
money.
Upon a motion by Councilman Barton the matter of various
fees for developers and builders was referred to the Growth and
Development Committee for study of off-site improvement scheduling.
Councilman Christensen stated he feels the Council and
staff has lost its credibility by passing ordinances without proper
thought and consideration. Most of the ordinances are passed under
the guise of fear or emergency, when in reality the fears and
emergency are not always founded. In checking the Sewer Connection
Fees it was found the emergency was not needed. Councilman Christensen
stated he will make a motion at the proper time regarding the Sewer
Connection Fees and request that no ordinance involving fees be
adopted until a minimum of 30 days has elapsed.
Councilman Childs stated he was happy to learn the cost
of holding Council Meetings in the Wards was not as much as he thought.
Councilman Childs stated he would like to have a meeting in the 1st
Ward on January 18, 1984, at the Senior Citizens Center on 4th Stre,~t.
Acting City Manager Russell stated that facility is available
and it will have to be a Special Meeting according to the City Attorney.
In answer to a question by Councilman Ratty, City Attorney
Oberholzer stated it will have to be a Special Meeting because the
ordinance specifies the time, date and place of Regular Meetings.
The place for Regular Meetings is in the Council Chambers of City Hall.
If that varies a notice will have to be published of a Special Meeting,
according to the Brown Act. The agenda must be specific as to the
items covered.
44
Bakersfield, California, December 21, 1983 - Page 4
Councilman Childs made a motion that a Special Meeting
be called in the 1st Ward on January 18, 1984, at the Senior Citizens
Center.
City Attorney Oberholzer stated public hearing notices may
have been sent out that specify that will be held in the Council
Chambers of City Hall.
Mayor Shell stated she is concerned that people will not
be able to find the place of the meeting because they are use to
coming to City Hall.
City Attorney Oberholzer stated it would be preferable to
not have hearings on a night when meetings are going to be held at
a location other than City Hall.
Assistant City Clerk Anderson stated notices of public
hearings specify they will be held in the Council Chambers of City
Hall and was not sure if any notices had been mailed for the meeting
of January 18, 1984.
Councilman Childs withdrew his motion.
Councilman Ratty stated people are use to meetings being
held in the Council Chambers and will be a disservice to the public.
If Councilman Childs wants a Special Meeting in his Ward, it should
be on some night other than a regularly scheduled Council Meeting
night.
Councilman Childs requested that staff come up with a dat,~
in January, 1984, to hold a Special Meeting in the 1st Ward. He
does not want to create a problem. He only wants to inform the
residents of Ward 1 of progress in that area.
Councilman Rockoff nominated Councilman Barton for the
office of Vice-Mayor of the City of Bakersfield.
Councilman Payne stated three Councilmen, including
Councilman Barton, would like the election of the Vice-Mayor held
over until the Council Meeting of January 4, 1984.
Councilman Rockoff withdrew his motion.
Bakersfield, California, December 21, 1983 - Page 5
45
Upon a motion by Councilman Christensen, a Special Meeting
was called at 5:00 P.M., December 28, 1983, to meet with the Redevelop-
merit Agency for the purpose of reviewing the bond issue for the hotel
project within the Downtown Bakersfield Redevelopment Project Area.
REPORTS
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 18-83 regarding Resolution
Setting Council Meeting Dates, as follows:
Attached to this report is a memorandum from
Assistant City Clerk Marguerite Anderson regard-
ing public hearings. Mrs. Anderson has brought
to our attention that there have been numerous
problems with hearings being scheduled for only
one Council meeting per month. If the timing is
not right, the hearings sometimes cannot be
scheduled until the following month, which can
cause a delay from six to eight weeks. This delay
is causing developers concern as it is costing
them time and money.
Due to this and other problems, the Acting City
Manager has requested that the City's prior
procedure of holding public hearings during each
Council meeting be reinstated. This will allow
the Clerk's Office time to schedule the workload
in an equitable manner and be more responsive
to the public.
The GEP Committee has discussed this matter with
City staff, and we are in complete agreement with
this request. We are, therefore, recommending
Council approval of the attached resolution set-
ting Council meeting and public hearing dates.
Acting City Manager Russell stated that a Workshop Session
will be held at 6:00 P.M. on January 18, 1984, regarding the Union
Avenue Grade Separation Project.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 18-83 regarding Resolution Setting
Council Meeting Dates, was accepted.
Adoption of Resolution No. 138-83 of
the Council of the City of Bakers-
field amending the dates of Meetings
of the Council during the months of
January, February, and March, 1984.
Councilman Payne made a motion to adopt the Resolution
amending the dates of Meetings of the Council during the months of
January, February, and March, 1984.
46
Bakersfield, California, December 21, 1983 - Page 6
out
the
sometimes hours, before they are heard.
Councilman Payne stated that
Councilman Rockoff suggested that the ordinance setting
the Agenda procedure be amended so that hearings are held in
early portion of the meeting and people will not have to wait,
in the past the Council has
simply made a motion to move the
it has worked well.
Councilman
suggestion of making
hearing forward on the Agenda and
Christensen stated he prefers Councilman Payhe'S
a motion to move the hearing forward on the
Agenda. Councilman Christensen also suggested that the time of
Council Meetings be changed to start at 5:00 P.M. instead of 7:00 P.M.
The Redevelopment Agency meets at that time and it has worked well.
Councilman Moore suggested that the ideas presented tonight
regarding changes in the Council Meeting Agenda and time for the
meetings be referred to a committee for study and recommendation.
Upon a motion by Councilman Payne, Resolution No. 138-83
of the Council of the City of Bakersfield amending the dates of
Meetings of the Council during the months of January, February,
and March, 1984, was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Christensen,
Moore, Payne
None
Noes:
Absent:
None
Upon a motion by Councilman Rockoff,
the matter of changing
the order of business for Council Meetings was referred to the
Governmental Efficiency and Personnel Committee. Councilman Christen-
sen voted in the negative on this motion.
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 19-83 regarding Contract
Attorney Services for the Cities of Shafter and Taft, as follows:
On December 15, 1983, the Governmental Efficiency
and Personnel Committee met to consider extension
of contracts for legal services with the Cities of
Shafter and Taft. The committee considered a letter
received from Steve Wright, City Manager of the City
of Taft, requesting an extension of the contractual
arrangement.
Bakersfield, California, December 21, 1983 - Page 7
47
The City of Bakersfield has billed the Cities
of Shafter and Taft in excess of $7,000 for
legal services for the first five months of
the current agreement. Of that billing, the
City of Bakersfield's general fund received
in excess of $5,000.
The committee does recommend that any new
contract include a provision for reimbursement
of telephone charges incurred by the City of
Bakersfield with respect to services provided
to the contracting cities.
The committee also concurred that the services
rendered to the contracting cities are provid-
ing a benefit to those cities while providing
the City of Bakersfield with a source of revenue
for the daily operations of the City Attorney's
Office.
The committee, therefore, recommends that the
Mayor be authorized to enter into an agreement
for one year with each of the cities with a
60-day termination clause.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 19-83 regarding Contract Attorney
Services for the Cities of Shafter and Taft, was accepted; and agree-
ments with the Cities of Shafter and Taft for services rendered by
the City Attorney, were approved and the Mayor was authorized to
execute same.
Councilman Moore, Chairman of the Water Resources Committee,
read Report No. 2-83 regarding Sewer Connection Fees, as follows:
The City of Bakersfield currently operates two
waste water treatment plants with a combined
treatment capacity of approximately 24 million
gallons per day (MGD). The design capacity of
Waste Water Treatment Plant #3, in the Southwest,
was originally 3.5 MGD. Pursuant to a staff
report to 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 must be
expanded to serve the proposed residential
growth. Air pollution problems at Plant #3
have been mitigated by the March, 1983, separa-
tion of yeast waste discharges from the Anheuser-
Busch plant.
The June, 1980, report provided preliminary
recommendations for long-range solutions by
expanding and upgrading Waste Water Treatment
Plant #3 and further recommendations to address
disposal of the effluent. In February, 1983,
the City entered into an agreement with John
48
Bakersfield, California, December 21, 1983 - Page 8
Carollo Engineers to provide a prelim-
inary design and financial plan for expan-
sion of Plant #3. Included in the financial
plan was the recommendation to impose an
increase in sewer connection fees. Effective
July 1, 1983, the City Council approved the
increase in sewer connection fees from $100
to $850 for single family dwellings, $350 per
acre to $640 for multi-family dwellings, and
$350 per acre to $40 per fixture unit for
commercial and industrial.
Subsequent to the City Council approving the
increase in sewer connection fees, the staff
has monitored the revenues being generated by
the increase. This committee has met with
staff members to review in detail their find-
ings with respect to the revenues generated as
well as future projections. In addition to our
discussions with staff, this committee held an
open committee meeting where we invited and
received input and questions from all those
wishing to address the issue.
Pursuant to our review and discussions, this
committee has noted the building activity in
the City has exceeded the original projections
and as such has resulted in higher revenues from
the sewer connection fee than originally antici-
pated. Consequently, we have concluded an
adjustment in the sewer connection fees to be
appropriate. We recommend the increase in the
sewer connection fees be reduced to 50% of the
incremental increase approved by the City Council
effective July l, 1983. We recommend the adjust-
ment be retroactively effective July l, 1983.
through June 30, 1984 and appropriate refunds be
made to those parties having p~id the previously
approved fee. We further recommend the sewer
connection fee be adjusted to 75% of the approved
amount for the period July 1, 1984 through
December 31, 1984 and then increase to the present
rates effective January 1, 1985. This committee's
recommendation will establish rates as follows:
July l, 1983 July 1, 1984
Through Through
June 30, 1984 Dec. 31, 1984
Jan. 1, 1985
Single Family
Dwellings
$475.00 $662.50 $850.00
Multi-Family
Dwellings
320.00 480.00 640.00
Per Fixture for
Commercial and
Industrial
20.00 30.00 40.00
We recommend the City Council adopt the attached resolu-
tion which incorporates the recommended changes contained herein.
Bakersfield, California, December 21, 1983 - Page 9
49
Councilman Moore stated he wanted to assure the rest of
the Council, staff and citizens that the Committee is still concerr~ed
about this matter and will monitor it very closely. Staff has beer~
requested to find some additional information and if it is found
that a further recommendation can be made to reduce the fees further
it will be done as soon as possible.
Upon a motion by Councilman Moore, Water Resources Commit-
tee Report No. 2-83 regarding Sewer Connection Fees, was accepted.
Adoption of Resolution No. 139-83 of
the Council of the City of Bakers-
field suspending Sewer User Char~es
previously set by City Council
Resolution No. 105-83 and setting
reduced charges for the period July
l, 1983, through December 31, 1984.
Upon a motion by Councilman Moore, Resolution No. 139-83
of the Council of the City of Bakersfield suspending Sewer User
Charges previously set by City Council Resolution No. 105-83 and
setting reduced charges for the period July l, 1983, through December
31, 1984, was adopted by the following roll call vote:
Ayes Councilmen Ratty, Rockoff, Barton, Childs, Christensen,
Moore, Payne
Noes None
Absent: None
Upon a motion by Councilman Christensen, the City Attorney
was instructed to draft an ordinance indicating that no ordinance
regarding fees be adopted until proper notification, a minimum of
30 days, be given persons involved.
Mr. Bill Avery presented a report regarding City Manager
Recruitment, as follows:
Per the approved work program, I have completed
interviewing with the Mayor, City Council, and
Department Heads. Following, in brief summary
form, is an outline of the profile recommended
for use in seeking and screening applicants.
EDUCATION
BA/BS degree in Administration or a related :field.
Master's degree preferred.
5O
Bakersfield, California, December 2~, 1983 - Page 10
EXPERIENCE
California municipal management as a City Manager
or Assistant City Manager highly desirable.
Exceptional candidates from other areas (geographic
or professional) may be considered. Experience
should be 1) significant in terms of agency size
and 2) involve increasing levels of responsibility,
Specific requirements in terms of number of years
of experience, employee supervision, etc., are not
recommended.
RECRUITMENT PATTERN
Emphasis to be placed on advertising for and solici-
ting applicants within California.
SPECIAL SKILLS
Possession of all basic management skills is, of
course, expected. In addition, the following
skills and/or traits have been identified as
deserving of special emphasis in the recruitment
process.
Strong Communication and Interpersonal Skills
* An ability to work with Department Heads
using team management concepts.
An ability to work with the Mayor and City
Council as a group, including the ability
to accurately distill and present to the
City Council all information necessary to
the decision making process.
* An ability to work well with other govern-
mental entities.
An ability to work cooperatively, honestly,
and openly with the press, business com-
munity, community groups, and the public.
Budget-Finance
* Exceptional knowledge of budgeting and
financial forecasting techniques. Ability
to plan effectively for provision of
acceptable service levels given the financial
constraints facing California public entities.
Development
* An understanding of and ability to deal with
the issues facing a rapidly developing City.
* A knowledge of California Redevelopment law.
The ability to work with the Mayor and City
Council in accurately planning, evaluating,
and carrying out a redevelopment program.
Bakersfield, California, December 21, 1983 - Page
51
COMPENSATION
Open, depending upon qualifications. Advertise the
current range for reference.
Per my original proposal, I will be presenting
a group of approximately 25 recommended semi-finalists
to the City, along with a listing of the applicants.
The City Council should decide:
l) How many finalists it wishes to interview; and
2)
Whether the City Council or some other group
is to choose the finalists. If another group
is to be used, its composition should be
decided upon.
A closing date for applications of February 17,
1984, has been established. Following City Council
approvaL, after any necessary modification of the above,
the recruitment process will begin.
Mr. Avery stated he needed to know who would select the
finalists for Council interview and if their travel expenses would
be paid by the City.
After discussion, upon a motion by Councilman Rockoff,
the matter of evaluating the field of finalists and procedures to be
used in the recruitment of a City Manager, was deferred until the
Council Meeting of January 4, 1984.
Councilman Christensen, member of the Governmental Efficiency
and Personnel Committee, read Report No. 20-83 regarding Candidate
Recommendations for Various Boards and Commissions, as follows:
At the Council's request, the Governmental
Efficiency and Personnel Committee has spent
the last two weeks screening and interviewing
potential board and commission members. This
is the first time that this procedure has been
followed, and it has proven most worthwhile.
Based on our assessment of the City's needs,
we are now able to recommend new members to
the various boards and commissions which will
represent all sectors of the community. We
would like to thank each of the individuals
who expressed an interest in serving the Bakers-
field community in this capacity. Our final
selections were most difficult to make as all
of the candidates were well qualified.
At this time we are recommending Council approval
of the following nominees:
Planning Commission - Bruce Nybo to fill the
unexpired term~Clarence Westra, and Kay
Madden to fill the unexpired term of James
Redstone.
52
Bakersfield, California, December 21, 1983 - Page 12
Golden Empire Transit Board - Howard ~ilver to
fill the unexpired term of Bill Carter.
Fire Department Civil Service Board - Harold
Matlock to fill the vacant position.
Resumes of each recommended nominee are attached
to this report.
Upon a motion by Councilman Christensen, Governmental
Efficiency and Personnel Committee Report No. 20-83 regarding
Candidate Recommendations for Various Boards and Commissions, was
accepted.
In answer to a question by Mayor Shell, City Attorney
Oberholzer stated there would have to be separate motions to appoint
the persons nominated for the various vacancies on City Boards and
Commissions.
Councilman Childs made a motion to appoint Bruce Nybo and
Kay Madden to fill the vacancies on the Planning Commission.
Councilman Rockoff requested that the appointments be
delayed until he could meet with the individuals nominated by the
Governmental Efficiency and Personnel Committee.
After discussion,
tufe motion that action on
to the Planning Commission,
Councilman Christensen offered a substi-
the candidates recommended for appointment
Fire Department Civil Service Commission
and Golden Empire Transit District Board be deferred until the
Council Meeting of January 4, 1984. This motion was unanimously
approved.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2599 to 2892,
inclusive, in the amount of $920,812.39.
(b)
Claim for Damages from Kentucky Fried
Chicken or Perry Richards, 2402 Columbus
Avenue, Bakersfield. (Refer to City
Attorney)
(e)
Claim for Damages and Personal Injuries
from Erlinda Mora, 2522 - 8th Street,
Laverne, California. (Refer to City
Attorney)
(d)
Claim for Damages and Personal Injuries
from Yadira P. Mora, 4600 Napal Court,
Bakersfield. (Refer to City Attorney)
Bakersfield, California, December 25, 1983 - Page 13
5g
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(1)
(m)
(n)
Claim for Damages from Rachele Ann Miller,
423 Tulip Street, Bakersfield. (Refer to
City Attorney)
Claim for Damages from Kenneth A. Wyss,
D.D.S., Inc., 2330 Truxtun Avenue, Suite B,
Bakersfield. (Refer to City Attorney)
Corporation Quitclaim Deed from Tosco
Corporation quitclaiming to the City a
portion of the pipeline license, ease-
ment and right-of-way previously granted
to Tosco by the City of Bakersfield.
First Amendment of Pipeline Easement from
Tosco Corporation revising the legal
description of a portion of that ease-
ment to conform to actual pipeline location.
Street Right-of-Way Deed from.C~ntral
California District Advisory Board, Church
of the Nazarene, providing additional
street right-of-way on west side of South
"H" Street, as required by the Planning
Commission, for lot line adjustment #130
located at southwest corner of South "H"
Street and Faith Avenue.
Maps of Tract Nos. 4436 and 4437 and
Improvement Agreements with Ameri-Kern
Financial, Inc., and Regional Mortgage
Company for construction of improvements
therein, located on north side of Panama
Lane, westerly of Wible Road.
Map of Tract No. 4604 and Improvement
Agreement with Challenge Builders for
construction of improvements therein
located on south side of Fairview Road,
approximately one quarter mile east of
South "H" Street.
Maps of Tract Nos. 4619 and 4620 and
Improvement Agreements with Tenneco
Realty Development Corporation for
construction of improvements therein,
located southeasterly of Old River Road
and White Lane.
Improvement Agreement for Parcel Map No.
7087 with Safeway Stores, Incorporated,
for construction of improvements there-
in, located at southeast corner of White
Lane and South "H" Street; and Street
Right-of-Way Dedication and Sewer Line
Easement for said Parcel Map.
Notices of Completion and Acceptance of
Work on:
Tract No. 4561, Contract No. 83-37 with
Tenneco Realty Development Corporation,
located at Old River Road and Ridge Oak
Drive.
(CONTINUED ON NEXT PAGE)
54
Bakersfield, California, December 2~, 1983 - Page 14
(n) CONTINUED
Tract No. 4562, Contract No. 83-92 with
Tenneco Realty Development Corporation,
located at Ridge Oak Drive and Mountain
Oak Drive.
Tract No. 4494, Contract No. 83-36 with
Tenneco Realty Development Corporation,
located at Old River Road and White Oak
Drive.
Tract No. 4584, Contract No. 83-117 with
Vallado Del Rio II, located west of Allen
Road and south of Stockdale Highway.
Tract No. 4585, Contract No. 83-118 with
Vallado Del Rio II, located west of Allen
Road and south of Stockdale Highway.
Tract No. 4420-A, Contract No. 82-162
with Highland Real Estate Corporation,
located at Panorama Drive and University
Avenue.
Tract No. 4251 Contract No. 80-101 with
Tenneco Realty Development Corporation,
located at Westfield Road and Qualridge
Drive.
Parcel Map No. 6672, Contract No. 82-123
with California Plaza Investors, Ltd.,
located at California Avenue and Marella
Avenue.
(o)
Agreement between Chief of Police and
Bakersfield Community College for the
services of City of Bakersfield Peace
Officers at certain functions, activities
and public gatherings conducted or
sponsored by the College.
(p)
Agreement between Chief of Police and
Kern Union High School District for the
services of City of Bakersfield Peace
Officers at certain functions, activities
and public gatherings conducted or sponsored
by the District.
(q)
Agreement between Chief of Police and
Auditorium Manager for the services of
City of Bakersfield Peace Officers at
certain functions, activities and public
gatherings at the Civic Auditorium.
Upon a motion by Councilman Rockoff, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p)
and (q) of the Consent Calendar, were adopted by the following roll
call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Christensen, Moore,
Payne
Noes: None
Absent: Councilman Childs
Bakersfield, California, December 21, 1983 - Page 15
55
ACTION ON BIDS
Upon a motion by Councilman Moore, 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 Louis Allis for modifications and repairs
to equipment at Wastewater Treatment Facility, not to exceed the
budgeted amount of $40,112.00.
Upon a motion by Councilman Moore, bid of Bessen & Associates,
in the amount of $21,848.22, for repair parts for Clarifier at Waste-
water Treatment Plant No. 2, was accepted.
Upon a motion by Councilman Moore, low bid of Conejo Con-
struction Company, in the amount of $779,958, for construction of
Phase I of 2,800 Acre Groundwater Recharge Project, was accepted,
rejected and the Mayor was authorized to execute the
all other bids
contract.
Upon
a motion by Councilman Payne, bid for Calloway River
Weir on the Kern River, in the amount of $998.157, was rejected.
Upon a motion by Councilman Payne, low bid of Wester
Information Systems, in the amount of $22,903.78, for Word Processing
System for the Police Department, was accepted and all other bids
rejected.
Electric,
Lights),
Upon a motion by Councilman Childs, low bid of Graybar
in the amount of $10,017, for Cobra Head Luminaires (Street
was accepted and all other bids rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 2886 New
Series of the Council of the City of
Bakersfield amending Section 5.10.120
of the Bakersfield Municipal Code
relative to Ambulance Service Charges.
Upon a motion by Councilman Payne, Ordinance No. 2886 New
Series of the Council of the City of Bakersfield amending Section
56
Bakersfield, California, December 21, 1983 - Page 16
5.10.120 of
Service
Ayes:
Noes:
Absent:
the Bakersfield Municipal
Charges, was adopted by the
Councilmen Ratty, Rockoff,
Moore, Payne
None
None
Code relative to Ambulance
following roll call vote:
Barton, Childs, Christensen,
On November 9, 1983, the City Council
adopted a resolution
Ayes:
Noes:
Absent:
Councilmen Ratty, Rockoff,
Moore, Payne
None
None
authorizing an application for Block Grant Funds from the State
Department of Parks and Recreation.
The State has advised that the original resolution does
not appoint, as required, an agent of the City "to conduct all
negotiations, execute and submit all documents...necessary for the
completion of the project."
Before the approval of the grant application can be made,
the State requires an amended resolution be approved by the Council.
The amended resolution appoints the City Manager as the agent for
the City.
Upon a motion by Councilman Rockoff, Resolution No. 140-83
of the Council of the City of Bakersfield authorizing City Manager
to make application for Block Grant under Roberti-Z'Berg Open Space
and Recreation Program, was adopted by the following roll call vote:
Barton, Childs, Christensen,
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 2.18.010 of the
Bakersfield Municipal Code relative
to Water Board Membership.
Adoption of Resolution No. 140-83 of
the Council of the City of Bakers-
field authorizing City Manager to
make application for Block Grant
under Roberti-Z'Berg Open Space
and Recreation Program.
Bakersfield, California, December 21, 1983 - Page 17
57
At the regular meeting of the Water Board on December 14,
1983, the Water Board passed a motion recommending to the Council
the proposed amendment to the ordinance establishing the Water Board.
This amendment removes from the membership of the Water Board the
staff members in the position of City Manager and City Attorney. It
was the Board's opinion that the staff members could better serve the
City and Water Resources Department as consultants or advisors to
the Water Board instead of voting members. Upon adoption of this
ordinance, the Water Board will consist entirely of three members c.f
the City Council.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 2.18.010 of the
Bakersfield Municipal Code relative to Water Board Membership.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 8.32.100 D. of the
Bakersfield Municipal Code relative
to Interest on Delinquent Refuse
Charges.
This ordinance imposes a one percent per month interest
charge on delinquent refuse charges. The Refuse Collection Ordinance
(Chapter 8.32) presently has no provision imposing interest on
delinquent charges.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 8.32.100 D. of
the Bakersfield Municipal Code relative to Interest on Delinquent
Refuse Charges.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 16.32.070 D. of the
Bakersfield Municipal Code relative
to Fees for construction of Planned
Drainage and Sanitary Sewer Facilities
pursuant to adopted plans, and adding
reference to plans adopted for 16th
Street - Elm Street Planned Drainage
Area.
This ordinance adds the 16th Street - Elm Street Planned
Drainage Area to the list of planned drainage areas and planned sani-
tary sewer areas for which subdividers are assessed to pay the cost
of constructing the planned facilities.
58
Bakersfield, California, December 21, 1983 - Page 18
First reading was considered given an Ordinance of the
Council of the City o£ Bakersfield amending Section 16.32.070 D. of
the Bakersfield Municipal Code relative to Fees for construction of
Planned Drainage and ~anitary Sewer Facilities pursuant to adopted
plans, and adding reference to plans adopted for 16th Street Elm
Street Planned Drainage Area.
Adoption of Emergency Ordinance No.
2887 New Series of the Council of the
City of Bakersfield amending Section
17.54.200 (g) (2) of the Bakersfield
Municipal Code relative to Removal of
Nonconforming Signs.
This emergency ordinance extends the removal or conform-
ance date for signs to September l, 1984. The 1976 Sign Ordinance
required conformance or removal of specified nonconforming signs
within five years. Beginning in 1981, that deadline was extended
by ordinance to January 1, 1984. A committee of the Planning
Commission, working with staff, reviewed the existing Sign Ordinance
and will soon recommend revisions to the Planning Commission for
review and recommendation to the City Council. It is anticipated
that a revised Sign Ordinance can:bein effect by September 1, 1984.
At its meeting of December 15, 1983, the Planning Commission recom-
mended to the Council adoption of this emergency ordinance.
Upon a motion by Councilman Payne, Emergency Ordinance
No. 2887 New Series of the Council of the City of Bakersfield amend--
ing Section 17.54.200 (g) (2) of the Bakersfield Municipal Code
relative to Removal of Nonconforming Signs, was adopted by the
following roll call vote:
Ayes Councilmen Ratty, Rockoff, Barton, Childs, Christensen,
Moore, Payne
Noes None
Absent: None
Bakersfield, California, December 2]., 1983 - Page 19
59
First reading and referral of an
Ordinance of the Council of the City
of Bakersfield adding Section 17.58.080
G. to the Bakersfield Municipal Code
relative to Quarterly Payment of In-Lieu
Parking Fees.
This ordinance allows businesses, subject to paying
In-Lieu Parking Fees during their first 5 years of operation, to
pay such In-Lieu Fees quarterly in advance, rather than annually
in advance.
Upon a motion by Councilman Barton,
considered given an Ordinance of
field adding Section 17.58.080 G.
relative to Quarterly Payment of
first reading was
of the City of Bakers-
to the Growth and Development Committee for study and recommendation.
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 450 + feet east and 450 + feet
north of the--intersection of Sha~don
Lane and Stonybrook Road.
The application for this amendment was made by Shandon
Investment Group and would change subject properties from an R-1
(One Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwell-
ing), or more restrictive Zone.
The Planning Commission recommended approval of this amend-
ment, subject to the condition that the owner record a deed restric-
tion upon the property, which will prohibit the issuance of a Build-
ing Permit and further subdivision of said property until and unless
the owner of the property has constructed or contracted and bonded
to construct additional access to property as outlined in Planning
Commission Resolution No. 80-83.
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 450 + feet east
and 450 ~ feet north of the intersection of Shandon Lane and Stony-
brook Road.
the Council
to the Bakersfield Municipal Code.
In-Lieu Parking Fees and referred
6O
Bakersfield, California, December 21, 1983 - Page 20
Adoption of Resolution No. 141-83 of
the Council of the City of Bakers-
field proposing proceedings for
annexation of territory to the City
of Bakersfield identified as Annexa-
tion No. 289 (Buena Vista No. 1).
This is an uninhabited annexation located south of Fraser
Road and east of Buena Vista Road.
Upon a motion by Councilman Payne, Resolution No. 141-83
of the C~uncil of the City of Bakersfield proposing proceedings for
annexation of territory to the City of Bakersfield identified as
Annexation No. 289 (Buena Vista No. 1), was adopted by the following
roll call vote:
Ayes:
Councilmen Ratty, Rockoff, Childs, Christensen, Moore
Payne
Noes: None
Absent: Councilman Barton
Adoption of Resolution No. 142-83 of
the Council of the City of Bakers-
field declaring the Park Stockdale
Lighting District dissolved.
At the time annexation of Park Stockdale was concluded,
in May of this year, a lighting district established by Kern County
for most of the annexed area was not dissolved. This resolution
dissolves that district. The City performs the functions previously
performed by the district.
Upon a motion by Councilman Childs, Resolution No. 142-83
of the Council of the City of Bakersfield declaring the Park Stock-
dale Lighting District dissolved, was adopted by the following roll
call vote:
Ayes:
Councilmen Ratty, Rockoff, Childs, Christensen, Moore,
Payne
Noes: None
Absent: Councilman Barton
Adoption of Resolution No. 143-83 of
the Council of the City of Bakers-
field adopting Drainage Plan for 16th
Street - Elm Street Planned Drainage
Area and making findings relative
thereto.
Bakersfield, California, December 2~, 1983 - Page 21
61
This resolution adopts a Drainage Plan for the 16th Street -
Elm Street Planned Drainage Area and makes findings required by St~Lte
Law.
Upon a motion by Councilman Ratty, Resolution No. 143-83
of the Council of the City of Bakersfield adopting Drainage Plan for
16th Street - Elm Street Planned Drainage Area and making findings
relative thereto, was adopted by the following roll call vote:
Councilmen Ratty, Rockoff, Barton, Childs, Christensen,
Moore, Payne
Ayes:
Noes: None
Absent: None
Approval of Special Facilities Agree-
ment with Tenneco Realty Development
Corporation for construction of Ashe
Water Transmission Line.
This agreement will allow Tenneco Realty Development
Corporation to design and construct a water transmission pipeline
for Ashe Water to serve varioas subdivisions. The City will pay
back the cost of the pipeline installation on a per metered connec-
tion basis with the balance due at the end of three (3) years. The
estimated cost of the pipeline is $80,000. The agreement follows
Public Utilities Commission procedures for such facilities.
Upon a motion by Councilman Moore, Special Facilities
Agreement with Tenneco Realty Development
tion of Ashe Water Transmission Line, was
authorized to execute same.
Approval of Agreement between the
City and State Department of Trans-
portation for funding of the Chester
Avenue/Southern Pacific Grade
Separation Project.
The agreement provides for a supplemental allocation of
$1,363,931.30 for the completed Chester Avenue Underpass. This
allocation is being made pursuant to the Council's request of April
20, 1983.
This allocation completes the State's funding obligation
for the project.
Corporation for construc-
approved and the Mayor was
62
Bakersfield, California, December 2~, 1983 - Page 22
Upon a motion by Councilman Ratty, Agreement between the
City and State Department of Transportation for funding of the
Chester Avenue/Southern Pacific Grade Separation Project, was
approved and the Mayor was authorized to execute same.
Approval of Agreement with Ed Rodgers,
Auctioneer, for rental of property at
16th and "S" Streets.
As on previous occasions, Ed Rodgers, Auctioneer, is
requesting to rent the City property at 16th and "S" Streets (Old
City Corporation Yard), for a public auction.
City staff considers a daily rental of $75.00 to be
acceptable and would recommend Council approval.
Upon a motion by Councilman Rockoff, Agreement with Ed
Rodgers, Auctioneer, for rental of property at 15th and "S" Streets,
was approved, the Mayor was authorized to execute same, and the
City Attorney was instructed to change the date of January 3, 1983,
o January 3, 1984, and the 7 consecutive days of rental be added to
the agreement.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 8:40 P.M.
MAYO~~e~oe ity of Bakersfield, Calif.
M A YOR o C~ -~
ATTEST:
ASSI~TAN~ CITY CLERK and Ex Officio
Council of the City of Bakersfield,
ma/cw
Clerk of the
California
Bakers£ield, California, December 28, 1983
63
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., December 28, 1983.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Father Craig O'Neill
of St. Philip The Apostle Catholic Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Rockoff, Barton, Childs,
Christensen, Moore, Payne
Absent: Councilman Ratty
STAFF REPORTS
Mr. Tom McBride, Hedrick and McBride, Developers of the
Heritage Hotel Project, stated he felt they would be able to meet
the criteria set out by Dean Whitter by Friday, December 30, 1983.
~r. Bob Casaro, Bakersfield Metropolitan Associates,
stated he also felt they would be able to meet Dean Whitter's
requirements of the two Bond Resolutions, being proposed for adoption
tonight, and the Letter of Credit. The total financial package on
each bond issue is $7,000,000 in Industrial Development Bonds,
$2,000,000 from each limited partnership and $500,000 reserved by
AIRCOA, for a total package of approximately $19,000,000 for the
entire project.
Mr. Fritz Stradling, Stradling, Yocca, Carlson and Rauth,
Bond Counsel for the Redevelopment Agency, stated the bonds have
to be issued prior to January l, 1984. New pending Federal Legis-
lation might delay it or make it more difficult to obtain the bonds.
The structure of this financial package is the issuance of bonds
by the City to provide a loan to the two partnerships. Due to
Internal Revenue Law, each partnership cannot exceed more than
$10,000,000. Dean Whitter agreed to take these bonds, subject to
the developers obtaining a Letter of Credit. The developer must
deposit, with the Trustee, $140,000 to cover the exepense of
preparing the bonds. One question that has not been answered is,
64
Bakersfield, California, December 28~ 1983 - Page 2
whether payment
the $140,000.
present form,
4 on Page 4.
for City's Bond Counsel's services is included in
If the City Council adopts the resolutions in their
they should delete Paragraph 3 on Page 2 and Section
Ayes:
Noes:
Absent:
Councilmen Rockoff,
Payne
None
Barton, Childs, Christensen, Moore,
Councilman Ratty
In answer to a question by Councilman Rockoff, City
Attorney Oberholzer stated that in order to remove the City and
Redevelopment Agency from any possible liability for payment of
Bond Counsel fees, the Council should name Stradling, Yocca, Carlson
and Rauth as Bond Counsel and their fees would be paid out of the
bond issue or by the developer.
NEW BUSINESS
Adoption of Resolution No. 144-83 of
the City Council of the City of
Bakersfield authorizing the issuance,
sale and delivery of not to exceed
$7,000,000 principal amount of City
of Bakersfield Flexible Demand
Economic Revenue Bonds (Heritage
Hotel Project) 1983 Series A and
approving certain documents and
authorizing certain actions in
connection therewith.
Upon a motion by Councilman Barton, Resolution No. 144-83
of the City Council of the City of Bakersfield authorizing the
issuance, sale and delivery of not to exceed $7,000,000 principal
amount of City of Bakersfield Flexible Demand Economic Revenue
Bonds (Heritage Hotel Project) 1983 Series A and approving certain
documents and authorizing certain actions in connection therewith,
was adopted; the Firm of Stradling, Yocca, Carlson and Rauth was
named as Bond Counsel; Bond Counsel fees shall be paid out of bond
proceeds or be the responsibility of the developer to pay; and
deletion of Paragraph 3 on Page 2 and Section 4 on Page 4 of the
Resolution was approved, by the following roll call vote:
Bakersfield, California, December 28. 1983 - Page 3
65
Adoption of Resolution No. 145-83 of
the City Council of the City of Bakers-
field authorizing the issuance, sa~e
and delivery of not to exceed
$7,000,000 principal amount of City
of Bakersfield Flexible Demand
Economic Revenue Bonds (Heritage
Hotel Project) 1983 Series B and
approving certain documents and
authorizing certain actions in
connection therewith.
Upon a motion by Councilman Barton, Resolution No. 145-83
of the City Council of the City of Bakersfield authorizing the
issuance, sale and delivery of not to exceed $7,000,000 principal
amount of City of Bakersfield Flexible Demand Economic Revenue
Bonds (Heritage Hotel Project) 1983 Series B and approving certain
documents and authorizing certain actions in connection therewith,
was adopted; the Firm of Strad~ing, Yocca, Carlson and Rauth was
named as Bond Counsel; Bond Counsel fees shall be paid out of bond
proceeds or be the responsibility of the developer to pay; and
deletion of Paragraph 3 on Page and Section 4 on Page 4 of the
Resolution was approved, by the following roll call vote
Ayes: Councilmen Rockoff, Barton, Childs, Christensen Moore,
Payne
Noes: None
Absent: Councilman Ratty
There being no
Council, upon a motion by Councilman Rockoff,
adjourned at 5:40 P.M.
ADJOURNMENT
further business to come before the
the meeting was
MAYOR o~f e City of Bakersfield,
ATTEST:
ASSISTANT CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, California
cw/ma
Calif.
66
Bakersfield, California, January 4. 1984
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hal~ at 7:00 P.M., January 4, 1984.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Pastor Ken Miller of
the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: ~ayor Shell. Councilmen Barton, Childs, Christensen,
Moore, Payne, Ratty, Rockoff
Absent: None
Minutes of the joint public hearing of December 15, 1983,
and regular meeting of December 21, 1983, were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Mark Dickerson, 5404 Krista Street, outlined the
details of a traffic accident he had on Friday, December 30, 1983,
in very dense fog, on Wible Road near Harris Road. Mr. Dickerson
requested that a traffic signal or street light be installed at
that intersection, because there is nothing on the right side of
Wible Road to indicate when a person is at that intersection.
In answer to a question by Councilman Payne, Director of
Public Works Hawley stated as part of the development of the south-
west corner of Wible and Harris Roads a street light will be in-
stalled. The last he checked that intersection it did not meet
the warrants for a traffic signal.
Councilman Payne requested that the intersection be
constantly monitored and reviewed, and as soon as it meets the
warrants that the appropriate action be taken.
CORRESPONDENCE
Upon a motion by Councilman Rockoff,
Ed Rodgers, Auctioneer,
requesting a change in
Yard, was received and
communication from
2413 Spruce Street, dated January 3, 1984,
rental dates of the Old City Corporation
the change in rental dates was approved.