HomeMy WebLinkAboutAPR - JUNE 1982Bakersfield, California, April 14, 1982
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall, at 8:00 P.M., April 14, 1982.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Reverend Gene
Harrison, Hilltop Baptist Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Means, Payne, Ratty, Rockoff,
Strong, Barton, Christensen
Absent: None.
Minutes of the regular meeting of M~rch
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Bruce Keith, of Kern Energy, 1212
31, 1982, were
18th Street,
invited the Mayor and Council to attend the Kern County Energy
Fair on April 24, 1982, at the Bakersfield College Downtown Center,
between 10:00 A.M. and 2:00 P.M. This event is co-sponsored by
Kern Energy, Pacific Gas & Electric, and Bakersfield College and
will represent many aspects of alternate energy resources.
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from College Heights Residents, received April 6, 1982, regarding
new trash containers, was received and ordered placed on file.
Councilman Strong requested Staff review this letter and
make the appropriate response.
Upon a motion by Councilman Means, communication from
Kern Audubon Society, dated March 27, 1982, regarding the Kern
River Access Plan - Rio Bravo Area, proposed Negative Declaration,
was received and ordered placed on file.
Upon a motion by Councilman Christensen, communication
from Carola G. Rupert, Director, Kern County Museum, dated March
31, 1982, regarding selection of identifier of historic sites in
Kern County, was received and referred to Staff for study and
recommendation.
Bakersfield, California, April 14, 1982 - Page 2
Upon a motion by Councilman Christensen, communication
from Shirley Davidson, President of St. John Manor Housing Corpo-
ration, 2608 Loch Ness Court, Bakersfield, dated April 8, 1982,
regarding write-down assistance from the City of Bakersfield
through the Community Development Block Grant Funds for their
79-Unit Elderly Housing Project, was received and referred to
Staff.
COUNCIL STATEMENTS
Councilman Ratty expressed his concern with regard to
issues brought before the Board of Zoning Adjustment for approval,
in particular, decisions regarding the Airpark and high-rise
buildings. He further felt the Planning Department and the Council
should be involved in this decision making process.
City Manager Kelmar stated that the Ordinance granting
the authority to the Board of Zoning Adjustment to make these
decisions can be modified if the Council wishes to be involved in
this process.
Councilman Ratty made a motion that the Ordinance pertain-
ing to the Board of Zoning Adjustment's decision-making authority
be referred to the City Water and Growth Committee for review.
Councilman Christensen expressed his satisfaction with
the new trash containers being used in his Ward.
Councilman Christensen requested that Public Works
Director Hawley, present to the Council a report on the savings
incurred since the City has started using the new trash containers;
Building Department Director Bidwell, present to the Council a
report on the savings incurred because of the drop in building
activity in the City of Bakersfield, in relation to the number of
Building Inspectors employed by the City; and also, whether
American Homes is current in their lease payment.
Councilman Christensen stated that he has been contacted
by constituents regarding police protection and the need for more
Police Officers.
44
Bakersfield, California, April 14, 1982 - Page 3
Councilman Christensen made a motion that the Budget
Review and Finance Committee and Governmental Efficiency and
Personnel Committee, and Staff, prepare a report to determine
whether or not we need to hire more Policemen. This motion was
unanimously approved.
Councilman Payne stated that after having Councilman
Christensen's concerns regarding police protection brought to his
attention approximately five weeks ago, the Governmental Efficiency
and Personnel Committee met and started the procedures that were
mentioned in the above motion. Councilman Payne indicated that
the Committee is now waiting for a report of budget conditions
and that they have met with Chief Price on this matter.
Mayor Shell announced that a group of people, including
herself, will be leaving on Saturday for Wakayama, Japan. She
will be gone for one week.
Mayor Shell read the Biography and introduced Mr. Randall
Richardson, a Certified Public Accountant, and her nomination
for the vacancy left on the Redevelopment Agency by the resigna-
tion of Mr. Glenn Puder. After some discussion, it was decided
by the Council that ratification of Mr. Richardson's appointment
would be delayed until the meeting of April 28, 1982.
REPORTS
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 2-82 regarding Agreement
with Becker & Bell, Inc., as City's Chief Negotiator, as follows:
At the February 10, 1982 City Council meeting,
the Governmental Efficiency and Personnel
Committee reported that the City's Chief Labor
Relations Negotiator, Nick Counter, had accepted
a position with the Movie Producers' Associa-
tion and would not be available for the next
three years. During the last two months, the
Governmental Efficiency and Personnel Committee
has interviewed several potential negotiators
to fill this position, and we are now prepared
to recommend Mr. Gene Bell to serve in this
capacity.
Bakersfield, California, April 14, 1982 - Page 4
Mr. Bell is President of Becker & Bell, Inc.,
and has served as negotiator and trainer with
the management consulting firm of Julian &
Becker since December 1976. Before joining
that firm, Mr. Bell was Director of the Labor
Relations Service of the League of California
Cities and County Supervisors Association.
Formerly, Mr. Bell was Coordinator of Inter-
governmental Management Programs at UCLA
Institution of Industrial Relations. (A
complete resume is attached to this report.)
As outlined in the attached agreement, Mr.
Bell's services will cost the City $5,000
up front in order to take the necessary time
to prepare for this year's meet and confer
sessions, and an additional $1,150 per month.
This would amount to $18,800 for the 1982-83
negotiations.
The Governmental Efficiency and Personnel
Committee is recommending Council approval
of this report, authorization for the Mayor
to execute the attached agreement with Becker
& Bell, Inc., and a transfer of $4,700 from
the Council Contingency Fund to Fund
11-74100-522 to cover the remainder of this
fiscal year.
Upon a motion by Councilman Payne, Governmental Effi-
~ncy and Personnel Committee Report No. 2-82, regarding Agree-
ment with Becker & Bell, Inc.,as City's Chief Negotiator, was
accepted; the Agreement with Becker & Bell, Inc., was approved;
and the Mayor was authorized to execute same; and Budget Transfer,
in the amount of $4,700, from the Council Contingency Fund to
Fund 11-74100-522, was approved.
Councilman Strong, Chairman of the Intergovernmental
Relations Committee, read Report No. 4-82 regarding Senior Citizens'
Center, as follows:
At the March 17, 1982 City Council meeting,
the Staff was requested to meet with various
senior citizen groups and individuals in an
effort to seek additional input regarding the
design and programming for the proposed Senior
Citizens' Center. Since that time, approxi-
mately 100 individuals who participated in
the original Senior Citizen Task Force were
invited to attend a meeting at the Senior
Citizen's Center. These individuals repre-
sent most of the recognized senior citizen
groups within the Greater Bakersfield Area.
In addition to the senior citizens in attend-
ance, City staff and representatives from
the Bakersfield Association of Retarded
46
Bakersfield, California, April 24, 1982 - Page 5
Citizens (BARC) were on hand to discuss
the plans and answer questions regarding
this facility. As a result, most of the
concerns expressed by the seniors were
satisfactorily answered. The biggest
concern seemed to center on participation
by the seniors throughout the planning
stages. Staff assured them that their
participation is, and will be, solicited.
An advisory committee was then formed and
additional meetings with this group will
be held on an ongoing basis.
The Intergovernmental Relations Committee
feels that through the seniors input and
with guidance of the City staff and BARC
staff, the Senior Center is moving ahead
as scheduled. We are, therefore, recom-
mending Council approval of the following:
Authorize staff to proceed with the
first phase of rehabilitation of the
Senior Citizens' Center. Plans and
specifications are to be submitted
to Council for final approval in the
near future.
o
Instruct the City Attorney to negotiate
a land trade with the Cripple Children's
Society for approximately 60 feet of
frontage on 4th Street to facilitate
the development of a driveway into
the Senior Citizens' Center site.
Upon a motion by Councilman Sfrong, Intergovernmental
Relations Committee Report No. 4-82, regarding Senior Citizens'
Center was accepted;and staff authorized to proceed with the
first phase of rehabilitation of the Senior Citizens' Center
(Plans and specifications are to be submitted to Council for final
approval in the near future); & the City Attorney was instructed
to negotiate a land trade with the Crippled Children's Society
for approximately 60 feet of frontage on 4th Street to facili-
tate the development of a driveway into the Senior Citizen's
Center Site.
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee~ read Report No. 4-82 regarding Concession
Prices and Concessionaire Agreement at the Civic Auditorium, as
follows:
Bakersfield, California, April 14, 1982 - Page 6
47
In July 1977, the City of Bakersfield entered
into an agreement with Sanitation Engineers
Food Concessions whereby Sanitation Engineers
would act as concessionaire at the Civic Audi-
torium. Recently, the concessionaire submit-
ted a request to the City Council for an
immediate increase in several concession prices
in addition to requesting a renewal and extension
of the current agreement for a period of five
years, effective July 1, 1982. The request
was referred to the Auditorium-Recreation Com-
mittee for recommendation.
This committee has met with staff, including the
Auditorium Manager, and reviewed the specific
requests from the concessionaire. In our
review, we considered current prices, the con-
cessionaire's request, recommendations from the
Citizens' Auditorium-Recreation Committee, as
well as concession prices at similar facilities
in other cities. Pursuant to our study, this
committee suggested various concession prices
we felt to be more appropriate and requested
the Auditorium Manager discuss these recommenda-
tions with the concessionaire (see attached).
The concessionaire has reviewed the suggested
prices, and concurs with our recommendation.
While considering the concessionaire's request
for a five year extension of the agreement, we
noted the percentage of proceeds received by
the City to be very good as compared to other
cities with similar facilities throughout the
Valley. In addition, we recognized the satis-
factory service which the concessionaire has
provided over the past five years.
Therefore, we recommend the City Council author-
ize the suggested price increases to be effective
May l, 1982, and approve a five year extension
of the agreement between the City and Sanitation
Engineers.
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 4-82 regarding Concession Prices
and Concessionaire Agreement at the Civic Auditorium was accepted,
suggested price increases to be effective ~ay 1982, were approved
and Five-Year Extension of Agreement between City and Sanitation
Engineers, was approved, and the Mayor authorized to execute same.
Councilman Barton, Chairman o£ the Business Development
and Parking Committee, read Report No. 4-82 regarding a Request by
John Diatte for City Sponsorship of Tax Exempt Bonds for the Rehabil-
itation. of the Kress Building, as follows:
Bakersfield, California, April 14, 1982 - Page 7
During the March 17, 1982 meeting of the
City Council, Mr. John Diatte requested
sponsorship by the City of Bakersfield of
tax exempt bonds to finance the rehabili-
tation of the Kress Building at the inter-
section of 19th and "K" Streets. The request
was referred to this Committee for review with
staff and a recommendation to City Council.
The developer wishes to convert the building
activity to a mixed use commercial, retail and
office facility. The bond proceeds will be
utilized to make this conversion.
The building exceeds the minimum requirements
for inclusion on the National Historic Register,
being in excess of fifty years old and having
architectural or historical significance within
the local area. It is currently vacant, but
appears to be structurally sound and the rehabili-
tation and conversion would eliminate the appear-
ance of blight created by a large vacant structure.
The rehab efforts would also bring additional
employment opportunities to the area in keeping
with the City's overall policy to strengthen the
economic base.
The activities outlined by Mr. Diatte are in
keeping with the goals and objectives of the
Commercial Rehabilitation Program and would
significantly impact the downtown core. The
Kress Building is also included as a rehabili-
tated structure in the Specific Plan being devel-
oped for the nine square block area between 17th
and 20th Streets and Chester Avenue and "M"
Streets. Therefore, there appears to be no con-
flict between Mr. Diatte's proposal and other
plans for the area.
The first step in the provision of a tax exempt
instrument for this activity is the adoption of
an Inducement Resolution which outlines the
action to be taken. Adoption of this resolution
is no guarantee that the bonds will be used,
but only indicates a willingness for the City to
work with the developer in his efforts to make
the project economically feasible. Adoption of
this Inducement Resolution does not include any
liability on the part of the City.
Conclusion and Recommendation
It is the opinion of this Committee that the pro-
posed project would be of benefit to the City of
Bakersfield, and particularly the downtown com-
mercial core. The Committee also feels that the
activity is in accordance with planned redevelop-
ment and is consistent with sound planning prin-
ciples.
It is the recommendation of the Business Development
and Parking Committee after careful review and con-
sideration that City Council adopt the requested
Inducement Resolution and consider on first reading
the proposed Ordinance adding Chapter 3.50 to the
Municiple Code providing for the issuance of revenue
bonds.
Bakersfield, California, April 14, 1982 - Page 8
49
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 4-82, regarding a Request by John
Diatte for City Sponsorship of Tax Exempt Bonds for Rehabilitation
of the Kress Building was accepted; and r~co~endations as outlined
in the report were approved.
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Chapter 3.50 to Title 3 of
the Bakersfield Municipal Code provid-
ing for the City of Bakersfield
Economic Development Revenue Bond
Law authorizing the issuance of revenue
bonds for the purpose of providing
financing to participating parties
for economic development purposes and
including definitions, general pro-
visions, powers, issuance procedures
and certain other supplemental pro-
visions.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Chapter 3.50 to Title 3
of the Bakersfield Municipal Code providing for the City of Bakers-
field Economic Development Revenue Bond Law authorizing the issu-
ance of revenue bonds for the purpose of providing financing to
participating parties for economic development purposes and includ-
ing definitions, general provisions, powers, issuance procedures
and certain other supplemental provisions.
Adoption of Resolution No. 34-82 of
the Council of the City of Bakers-
field concerning the issuance of
Economic Development Revenue Bonds
for Kress Building Associates.
Upon a motion by Councilman Barton, Resolution No. 34-82
of the Council of the City of Bakersfield concerning the issuance
of Economic Development Revenue Bonds for Kress Building Associates,
was adopted by the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockof~, Barton, Christensen
Noes: None.
Absent: Councilman Strong
5O
Bakersfield, California, April 14, 1982 - Page 9
City Attorney Oberholzer read a Report from City
Attorney's Office Regarding Kern River Access Plan.
On April 6, 1982 at the regular meeting of the
Kern County Board of Supervisors, Mr. Nickel
announced that he believes that the "City's
Kern River Access Plan is not fully understood
and has become emotional and highly controver-
sial." He further pointed out that a number
of legal issues which opponents have referred
to as factual, have not yet been resolved by a
court. Consequently, he has given notice that
"it appears premature to ask the Kern County
Board of Supervisors or the State Lands Commis-
sion to approve the Kern River Access Plan .... "
Mr. Nickel has proposed to seek, at some time
in the future, a declaratory relief action
from the courts.
Since the City Council previously directed
staff to pursue the matter with the necessary
governmental entities, it would be appropriate
that a motion be adopted directing staff to
withhold further action.
Upon a motion by Councilman Barton, City Attorney's
Report Regarding Kern River Access Pla~ was accepted;and Staff was
directed to cease any further action regarding the Kern River
Access Plan.
City Manager Kelmar reported to the Council on the
1982-83 Budget. He stated that in January he gave a Preliminary
Report to the Council on the outlook for the 1982-83 Budget,
because of concerns he had regarding revenues accruing to the City
in the current fiscal year. He stated at that time that he would
report back to the Council at a later date. In reviewing the
City's Revenues for the Fiscal Year, the present Fiscal Year
through the nine-month period ending on March 31st, he became
quite concerned about revenues coming into the City in relation to
the estimates. In projecting those estimates through the end of
the Fiscal Year, it would appear at this time, that there will be
a short-fall somewhere between $500,000 and $750,000. With that
concern he met with Department Heads, relayed this information to
them, and indicated that it would be very necessary to take a hard
look at the present budget and appropriations and to determine
where some kind of hold on the amount of appropriations could be p~t.
Bakersfield, California, April 14, 1982 - Page 10
51
The Department Heads have reported back and there has been a hold
put on approximately $640,000 of appropriations. Basically, these
appropriations are what we consider budget savings and at this time
none of these monies will be expended through the end of the fiscal
year. In addition, there have been some other items, minor projects
within the operating budget, that have also been put on hold at this
time. If between now and the end of the fiscal year, the situation
should improve, then we would release some of these projects that we
feel we can proceed on.
CONSENT CALENDAR
The following items were listed on the Consent
Calendar:
(a) Allowance of Claims Nos. 5364 to 5587,
inclusive, in the amount of $709,572.74.
(b)
Claim for Damages from Bradley Marshall
Hunt, 1500 Carmel Street, Bakersfield.
(Refer to City Attorney)
c)
Claim for Damages from Bill Edward Taylor,
and/or Hartford Accident and Indemnity
Company, c/o Clifford, Jenkins & Brown,
Attorneys at Law, 1605 "G" Street, Bakers-
field. (Refer to City Attorney)
d)
Claim for Damages from Crawford and
Company, Insurance Adjusters, 3119 19th
Street, Bakersfield. (Refer to City
Attorney)
e)
Claim for Damages from Orkin Extermina-
ting Company, Inc., 10 Vernal Place,
Bakersfield. (Refer to City Attorney)
f)
Claim for Damages from Rudy James Ortiz,
500 17th Street, Apartment #24, Bakers-
field. (Refer to City Attorney)
g)
Claim for Damages from Warren C.
7901Luces Corta, Bakersfield.
City Attorney)
Robinson,
(Refer to
h)
Claim for Damages from Tenneco West, Inc.,
P.O. Box 9380, Bakersfield. (Refer to
City Attorney)
i)
Improvement Agreement for Tract 4341 with
Elmer F. Karpe, Inc., for construction of
sidewalks and installation of street lights
required by the Planning Commission for
Tract 4341, located between Stine Road
and Akers Road, south of Ming Avenue.
5'2
Bakersfield, California, April 14, 1982 - Page
(J)
(k)
(i)
(m)
(n)
(o)
(p)
Map of Tract No. 4533, with Valley Steel
Construction, located at the northwest
corner of 34th Street and "Q" Street.
Notice of Completion and Acceptance of
Work on Tract Number 4341, Contract
Number 81-55 with Elmer F. Karpe, located
at Akers Road and Ardmore Avenue. The con-
struction of the sidewalk and street
lights will be completed under a separate
agreement.
Notice of Completion and Acceptance of
Work for Bakersfield City Hall South
Wing Addition - Second Floor Millwork,
Contract No. 81-156, with Tumblin Company.
Notice of Completion and Acceptance of
Work on the following projects:
Tract No. 4193, Contract No. 81-14, with
Regional Mortgage Company, located at
Hughes Lane and White Lane.
Tract No. 4277, Unit 6, Contract No.
81-147 with Tenneco Realty Development
Corporation located at South Laurelglen
Boulevard and Lilly Drive.
Tract No. 4277, Unit 7, Contract No.
81-148 with Tenneco Realty Development
Corporation, located at White Lane and
Gosford Road.
Tract No. 4441, Contract No. 81-162, with
Tenneco Realty Development Corporation,
located at South Laurelglen Boulevard
and Olympia Drive.
Application for Encroachment Permit
from Gannon Enterprises, Inc., 410 Union
Avenue, requesting approval for the con-
struction of a three-foot high masonry
and wrought iron wall. The wall is to be
eight feet behind curb and will be encroach-
ing six feet into the street right-of-way
at the northwest corner of 19th and "G"
Street.
Application for Encroachment Permit from
Summit Villa Homeowner's Association,
c/o Edna Tabor, Secretary, 2921 Summit
Circle, for the construction of a vehic-
ular detector loep cut into the pavement
of Summit Circle for use with an auto-
matic gate to a private road.
Request from Tenneco Realty Development
Corporation, P.O. Box 9380, Bakersfield
for abandonment of Fraser (Planz) Road
between Gosford Road and Old River Road.
The extension of White Lane between
Gosford and Old River Road will replace
Fraser Road. (Refer to Planning Commis-
sion for study and recommendation.)
Bakersfield, California, April 14, 1982 - Page 12
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), and
(p) of the Consent Calendar, were adopted by the following roll
call vote:
Ayes
Noes
Absent:
Councilmen Means, Payne,
Christensen
None.
None.
Granite Construction Company,
Ratty, Rockoff,
Strong, Barton
ACTION ON BIDS
Upon a motion by Councilman Christensen, low bid of
in the amount of $154,565, for
resurfacing portions of Panorama Drive, Loma Linda Drive, Beech,
30th and Flower Streets, was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Rockoff, low bids of Oki
Nursery, in the amount of $5,255.25, for 14 items and Profit
Productions of Bakersfield, in the amount of $4,699.93, for 15
items, were accepted, and all other bids were rejected.
Upon a motion by Councilman Christensen, low bid of
Griffith Company, in the amount of $136,514, for pavement recon-
struction on Beale Avenue, Monterey Street to East Truxtun Avenue,
was accepted, all other bids rejected, and the Mayor was authorized
to execute the contract.
Upon a motion by Councilman Rockoff, low bid of Kern Rock
Company of Bakersfield, in the amount of $5,606.87, for pre-washed
p~ster sand for University and Castle Parks, was accepted and all
other bids rejected.
Upon a motion by Councilman Means, low bid of Enriquez
Construction Company, in the amount of $114,650.00, for annual
contract for curbs, gutters, and sidewalks, was accepted, the other
bid rejected, and the Mayor was authorized to execute the contract.
54
Bakersfield, California, April 14, 1982 - Page 13
Upon a motion by Councilman Christensen, ~ow bid of
Hoven and Company of Bakersfield, in the amount of $7,087.37,
for Annua~ Contract for blueprint reproduction, was accepted,
and the Mayor was authorized to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2727 amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield commonly known as 4708
through 4820 (Even Only) La Mirada
Drive, 301 through 421 (Odd Only)
Montclair Street, 312 and 324 Dunsmuir
Road and 4701 Marella Way.
The proposed amendment was initiated by the Planning
Commission and would change subject properties from an "A" (Agri-
cultural) Zone to an R-1 (One Family Dwelling), or more restric-
tive zone.
Planning Commission recommended approval of this amend-
ment.
Upon a motion by Councilman Means, Negative Declaration
and Ordinance No. 2727 New Series, amending Title Seventeen of
the Municipal Code of the City of Bakersfield by changing the
Land Use Zoning of those certain properties in the City of Bakers-
field commonly known as 4708 through 4820 (Even Only) La Mirada
Drive, 301 through 421 (Odd Only) Montclair Street, 322 and 324
Dunsmuir Road and 4701 Marella Way, finding said zoning consistent
with the General Plan, were adopted by the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton
Christensen
Noes: None.
Absent: None.
Adoption of Ordinance No. 2728 amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of Bakers-
field located at the southwest corner
of State Highway 178 and Kern Canyon
Road.
Bakersfield, California, April 14, 1982 - Page
55
The application £or this amendment was made by Marion
Collins and would change subject property from an R-S-2½A (Resi-
dential-Suburban-Two and One-Half Acre Minimum Lot Size) Zone to a
C-2 (Commercial), or more restrictive zone.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Rockoff, Negative Declaration
and Ordinance No. 2728 New Series, amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
at the southwest corner of State Highway 178 and Kern Canyon Road,
finding said zoning consistent with the General Plan, were adopted
by the following roll call vote:
Ayes Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton,
Christensen
Noes None.
Absent: None.
Adoption of Ordinance No. 2729 New
Series, amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield located at
the southeast corner of Old River
Road and Camino Media.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject property
from an "A" (Agricultural) Zone to a C-O (Commercial and Profes-
sional Office), or more restrictive Zone.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2729 New Series, amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
56
Bakersfield, California, April 14, 1982 - Page 15
at the southeast corner of Old River Road and Camino Media,
finding said zoning consistent with the General Plan, were adopted
by the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton
Christensen
Noes: None.
Absent: None.
Adoption of Ordinance No. 2730 New
Series of the Council of the City of
Bakersfield amending Section 17.06.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of that
certain property in the City of Bakers-
field, commonly known as 222 - 34th
Street, approving the Preliminary
Development Plan and making findings
in connection with P.C.D. Zone.
The application for this amendment was made by Dale Aycock
and would change subject property from an R-1 (One Family Dwelling)
Zone and from an R-4-D (Multiple Family Dwelling - Architectural
Design) Zone to a P.C.D. (planned Commercial Development) Zone,
for a medical office condominium complex consisting of five build-
ings containing a total of 91,470 square feet of floor area.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2730 New Series, of the Council of the City of
Bakersfield amending Section 17.06.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of that certain property in the
City of Bakersfield, commonly known as 222 - 34th Street, approv-
ing the Preliminary Development Plan and making findings in con-
nection with P.C.D. Zone, finding said zoning consistent with the
General Plan, were adopted by the
Ayes:
Noes:
Absent:
Councilmen Means, Payne,
Christensen
None.
None.
following roll call vote:
Ratty, Rockoff, Strong, Barton
Bakersfield, California, April 14, 1982 - Page 16 ~?
Adoption of Ordinance No. 2731 New
Series, of the City of Bakersfield,
California, declaring the need for
an Industrial Development Authority
to function in said City and declar-
ing the City Council of said City to
be said authority.
Upon a motion by Councilman Rockoff, Ordinance No. 2731
New Series, of the City of Bakersfield, California, declaring the
need for an Industrial Development Authority to function in said
City and declaring the City Council of said City to be said
authority, was adopted by the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton
Christensen
Noes: None.
Absent: None.
Deferral of Ordinance of the Council
of the City of Bakersfield amending
Title 17 of the Bakersfield Municipal
Code by Adding Chapter 17.53 relative
to Site Plan Review.
Councilman Rockoff stated that he has concerns about
this Ordinance because it is dealing with taking away the power of
the Planning Commission and City Council and would like it to be
referred to the Business Development and Parking Committee for
further study and review.
City Attorney Oberholzer stated that the Council has
adopted all the other recommendations of ZORAC and there are about
l0 to 15 places within the ordinances that have been adopted that
refer to this Ordinance. Without the adoption of this particular
section, the Ordinance becomes
references have any meaning in
to the site plan review.
After discussion, Councilman Rockoff made a motion to
have Ordinance of the Council of the City of Bakersfield amending
Title 17 of the Bakersfield Municipal Code by adding Chapter 17.53
relative to Site Plan Review referred to Business Development and
Parking Committee for study and review and brought back before the
Council in two weeks. This motion was approved with Councilman
Payne voting in the negative.
ineffective because none of the other
all the other zonings which refer
Bakersfield, California, April 14, 1982 - Page
NEW BUSINESS
Adoption of Emergency Ordinance
No. 2732 New Series, of the Council
of the City of Bakersfield amending
Section 16.28.170 A. of the Bakers-
field Municipal Code relative to
minimum average widths and average
areas of lots.
This Emergency Ordinance is intended to eliminate an
inconsistency between the minimum lot sizes of residential lots
specified in the recently adopted amendments to Chapter 17 and
the higher minimum specified in Section 16.28.170 A of the Sub-
division Ordinance. This Emergency Ordinance is necessary in order
that the lesser minimum lot size requirement of Title 17 may be
utilized as of their effective date.
Upon a motion by Councilman Christensen, Emergency
Ordinance No. 2732 New Series, of the Council of the City of
Bakersfield amending Section 16.28.170 A. of the Bakersfield
Municipal Code relative to minimum average widths and average
areas of lots, was adopted by the following roll 'call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton,
Christensen
Noes: None.
Absent: None.
Adoption of Emergency Ordinance
No. 2733 New Series, of the Council
of the City of Bakersfield amending
Section 16.32.070 B.6. of the Bakers-
field Municipal Code relative to Sub-
division Improvements.
This Ordinance amends Section 16.32.070 B.6. to conform
rules governing cable television service requirements for indus~
trial tract maps to rules adopted by the Planning Commission for
cable television service for industrial parcel maps, permitting
waiver of cable television service requirements if specified con-
ditions are met. This Ordinance is presented as an Emergency
Ordinance to reduce unnecessary development costs for pending
industrial tracts.
Bakersfield, California, April 14, 1982 - Page 18
59
Upon a motion by Councilman Payne, Emergency Ordinance
No. 2733 New Series, of the Council of the City of Bakersfield
amending Section 16.32.070 B.6. of the Bakersfield Municipal
Code relative to subdivision improvements was adopted by the follow-
ing roll call vote:
Ayes Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton
Christensen
Noes None.
Absent: None.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of Bakers-
field located on the south side of
Truxtun Avenue, east of Mohawk Street.
The application for this amendment was made by Tenneco
property
Manufactur-
Realty Development Corporation and would change subject
from an R-1 (One Family Dwelling) Zone to an M-1 (Light
ing), or more restrictive zone.
The Planning Commission recommended approval of this
amendment.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
by changing the Land Use Zoning of that certain property in the
City of Bakersfield located on the south side of Truxtun Avenue,
east of Mohawk Street.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of Bakers-
field located on the south side of
Truxtun Avenue, west of Mohawk Street.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject property
from an R-1 (One Family Dwelling) Zone to a C-O (Commercial and
Professional Office), or more restrictive zone.
The Planning Commission recommended approval of this
amendment.
6O
Bakersfield, California, April 14, 1982 - Page
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
by changing the Land Use Zoning of that certain property in the
City of Bakersfield located on the south side of Truxtun Avenue,
west of Mohawk Street.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located on the southeast
corner of Truxtun Avenue and Coffee
Road.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject property
from an "A" (Agricultural) Zone to a C-1 (Limited Commercial), or
more restrictive zone.
The Planning Commission recommended approval of this
amendment.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
by changing the Land Use Zoning of that certain property in the
City of Bakersfield located on the southeast corner of Truxtun
Avenue and Coffee Road.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the Land Use Zoning of that
certain property in the City of
Bakersfield located on the northeast
corner of "Q" Street and 40th Street.
The application for this amendment was made by Terry L.
Moreland and would change subject property from an R-3-D (Limited
Multiple Family Dwelling-Architectural Design) Zone to a C-O
(Commercial and Professional Office), or more restrictive zone.
The Planning Commission recommended approval o£ this
amendment.
First reading considered given an Ordinance amending
Title Seventeen of the Municipal Code o£ the City of Bakersfield
by changing the Land Use Zoning of that certain property in the
City of Bakersfield located on the northeast corner of "Q" Street
and 40th Street.
Bakersfield, California, April 14, 1982 - Page 20
61
Adoption of Resolution No. 35-82 of
the Council of the City of Bakers-
field to include Self-service Laun-
dries or Launderettes in the list of
permitted uses in the C-1 (Limited
Commercial) Zone.
The Planning Commission, by resolution, found that
self-service launderies and launderettes are similar to specifically
listed permitted uses in the C-1 Zone and that such use is not more
detrimental to the welfare of the community than those listed per-
mitted uses. By adoption of this Resolution, the Council makes
the same findings. This procedure is specified in Bakersfield
Municipal Code Section 17.08.040.
Councilman Strong stated that he would abstain from
participating in this matter due to a real or imaginary conflict
of interest.
Upon a motion by Councilman Ratty, Resolution No. 35-82
of the Council of the City of Bakersfield to include self-service
laundries or launderettes in the list of permitted uses in the C-1
(Limited Commercial) Zone, was adopted by the following roll call
vote:
Ayes: Councilman Means, Payne, Ratty,
Noes: None.
Absent: None.
Abstaining: Councilman Strong
Approval of Agreement between the
City of Bakersfield and Environ-
mental Protection Corporation for
Secondary Receiver Site.
This Agreement, a lease for a £ive-year period with the
City having an option to renew for another five-year period, relates
to the first of three receiver sites for emergency public service
radio. The rental charged is $1.00 per year. The property being
leased is located north of the Kern River directly south of Round
Mountain.
Rockoff, Barton Christensen
Bakersfield, California, April 14, 1982 - Page
Upon a motion by Councilman Means, Agreement between the
City of Bakersfield and Environmental Protection Corporation for
Secondary Receiver Site, was approved and the Mayor was authorized
to execute same.
Approval of Contract between the
City of Bakersfield and Chris A.
Addington and Associates regard-
ing architectural services in
preparation of remodeling exist-
ing Fire Department headquarters
offices at 2101 "H" Street.
Upon a motion by Councilman Ratty, Contract between the
City of Bakersfield and Chris A. Addington and Associates, regard-
ing architectural services in preparation of
Fire Department headquarters offices at 2101
and the Mayor was authorized to execute same.
remodeling existing
"H" Street, was approved
Approval of Agreements with Willard
Martin for the Operations of Con-
cession Stands at four City Parks.
Upon a motion by Councilman Christensen, Agreements with
Willard Martin for the operation of Concession Stands at Jastro,
Patriots, Planz and Beale Parks, were approved and the Mayor was
authorized to execute same.
Approval of Agreement between the
City of Bakersfield and Kurt Nielsen
for tennis instruction.
Upon a motion by Councilman Christensen, Agreement between
the City of Bakersfield and Kurt Nielsen for tennis instruction,
was approved and the Mayor authorized to execute same.
Approval of Agreement between the
City of Bakersfield and Lyn Dahm
for instruction in dog obedience.
Upon a motion by Councilman Barton, Agreement between the
City of Bakersfield and Lyn Dahm for instruction in dog obedience,
was approved and the Mayor authorized to execute same.
Approval of Agreement between the
City of Bakersfield and California
Water Service Company for the
Operation and Maintenance of the
Fairhaven Water System.
Bakersfield, California, April 14, 1982 - Page 22
63
This Agreement provides for California Water Service
Company to operate and maintain the Fairhaven Water System under
terms similar to the Ashe Water System Agreement. The termination
date is December 31, 1982 with provisions for a year-to-year exten-
sion. Stetson Engineers have reviewed the Agreement and recommend
approval; the City Water Board has reviewed this Agreement and
recommends City Council acceptance.
Upon a motion by Councilman Payne, Agreement between the
City of Bakersfield and California Water Service Company for the
Operation and Maintenance of the Fairhaven Water System, was approved
and the Mayor authorized to execute same.
Approval of Special Facilities
Contract with Tenneco Realty
Development Corporation to con-
struct and acquire a well, res-
ervoir, and booster plant near
Mohawk Street and Truxtun Avenue.
The area around Mohawk Street from Truxtun Avenue to Cali-
fornia Avenue does not have an adequate supply of domestic fire flow
water. In order to continue the development of the area, Tenneco
has agreed to construct a well, reservoir and water system. These
facilities will serve approximately 200 acres. Tenneco will contri-
bute to the City 37% of the construction cost as its' share of the
special facilities necessary to meet fire flow requirements which
exceed the requirements for normal commercial developments. The
remaining 63% will be reimbursed to Tenneco over a period of years
in accordance with California Public Utility Commission's Rule 15.
As property is developed within this service area, refunds will be
made with Domestic Water Funds,
share of the refundable costs.
estimated to be $964,300.
based on the property's proportionate
The total construction cost is
Upon a motion by Councilman Ratty, Special Facilities
Contract with Tenneco Realty Development Corporation to construct
and acquire a well,
and Truxtun Avenue,
same.
reservoir, and booster plant near Mohawk Street
was approved and the Mayor authorized to execut,~
64
Bakersfield, California, April 14, 1982 - Page 23
Approval of Request to Declare
as Surplus, City Owned Property
Located at Adanac Court and York
Way.
This property is located at the southwest corner of
Adanac Court and York Way and is zoned R-1. Prior to the construc-
tion of the Alum Avenue storm drain, this property was used as a
drainage sump. Since completion of the storm drain, water has beer~
diverted to the Akers Drainfield and this sump is no longer needed.
The Planning Commission has reviewed the request and has
determined that the proposal to sell the property is consistent
with the General Plan.
After discussion, Councilman Rockoff made a motion that
Request to Declare as Surplus, City Owned Property Located at Adanac
Court and York Way be approved, with a deed restriction restricting
the property to R-1 Zoning, and the Finance Operations Manager was
authorized to sell at the highest bid above the appraised value.
Deferral of Action on a Request
to Declare as Surplus, City Owned
Property Adjacent to the Univer-
sity Park Site.
This property is located at the southwest corner of
University Avenue and La Costa Street and is Zoned R-1. The prop-
erty is a portion of the 15.9~ acre parcel originally purchased
with the University Park Site. At the time the City acquired the
property, it was recommended that an average size neighborhood
park be developed and that the excess property be sold. Presently
12.7 acres is being used by the park, drainage basin and roadways.
Therefore, the Staff recommends disposing of the remaining 3.2 acres.
The Planning Commission has reviewed the request and has
determined that the proposal to sell the property is consistent
with the General Plan.
Bakersfield, California, April 14, 1982 - Page 24
Councilman Rockoff made a motion that the Request to
Declare as Surplus, City Owned Property Adjacent to the University
Park Site, be approved with the addition of a Deed Restriction, to
keep the property an R-1 Zone; and the Finance Operations Manager
be authorized to sell at the highest bid above the appraised value.
Councilman Payne asked City Attorney Oberholzer whether
it was legally possible to place a deed restriction on property being
sold.
City Attorney Oberholzer indicated that you cannot restrict
the right of a legislative body to make a zone change. He further
stated that a legislative body five years from now would have the
right to change the zoning on this property. He stated he does not
have an answer tonight, but that his initial reaction would be that
the Council cannot restrict the zoning. Possibly, you may be able
to restrict the property to certain uses, but not the zoning on
the property. It may be possible to limit the use as long as you
do not preclude the right to rezone.
Councilman Payne stated that as long as the Council made
it consistent with the General Plan, and doesn't amend the General
Plan if it will not be a proper use, then the Council has accomplished
the same thing without putting a deed restriction on the property.
Councilman Strong stated that he agrees with Councilman
Rockoff in his reasons for wishing to restrict the property to R-l,
but that he also has problems with putting a deed restriction on
the property which restricts future use. Councilman Strong suggested
that action be delayed until the City Attorney can advise the Council
on the legal possibilities of this action.
Councilman Rockoff made a motion to defer action until
the Council Meeting of April 28, 1982, in order to allow time for
the City Attorney to investigate the laws regarding Deed Restrictions,
on a Request to Declare as Surplus, City Owned Property Adjacent to
the University Park Site. This motion was unanimously approved.
Bakersfield, California, April 14, 1982 - Page 25
Ayes:
Noes:
Absent:
Deferral of Action on a Request
to Declare as Surplus, City Owned
Property Located at Adanac Court
and York Way.
Councilman Rockoff made a motion to reconsider action
taken on a Request to Declare as Surplus, City Owned Property
located at Adanac Court and York Way. This motion was unanimously
approved.
Councilman Rockoff made a motion to defer action until
the Council Meeting of April 28, 1982, to allow time for the City
Attorney to investigate the laws regarding Deed Restrictions, on
a Request to Declare as Surplus, City Owned Property Located at
Adanac Court and York Way. This motion was unanimously approved.
Approval of Request from E-Z-8
Motel for a Sign Sixty (60) Feet
High at 2604 Pierce Road.
All signs over fifty (50) feet in height require review
and approval of the City Council.
The proposed sign is 276 square feet in area which exceeds
the allowable area (240 Sq. Ft.) for a C-2 Zone. The sign is
oriented for Highway 99 visibility and will identify a new motel
being constructed on the site.
Mr. A.E. Stewart, representing Neon Sign Company, came
forward to answer questions of the Council.
Upon a motion by Councilman Strong, request of E-Z-8
Motel for a sign sixty feet high at 2604 Pierce Road, with the con--
dition that the owners agree to modify the square footage to the
240-square feet allowed in the Sign Ordinance, was approved by the
following roll call vote:
Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton
Christensen
None.
None.
Approval of Request from Thrifty
Oil for a Free-standing Sign 55
Feet High at 2518 White Lane.
Bakersfield, California, April 14, 1982 - Page 26
67
approval
oriented for Highway 99 visibility. The support columns
sign are existing. There are other signs that exceed 50
in height in the area of this interchange.
All signs over 50 feet in height require review and
of the City Council.
The proposed sign is 160 square feet in area and is
for the
feet
Upon a motion by Councilman Payne, Request by Thrifty
Oil for a Free-standing Sign 55 Feet High at 2518 White Lane, was
approved by the following roll call
Ayes
Noes
Absent:
Councilmen Means, Payne,
Christensen
vote:
Ratty,
Rockoff, Strong, Barton
None.
None.
Deferral of Site Plan Review
Objectives and Policies adopted
By the Planning Commission.
Proposed Section 17.53.051 of the Municipal
Code (in the
Chapter on Site Plan Review) requires that the Planning Commission
adopt Site Plan Review Objectives and Policies, subject to Council
approval. By Resolution No. 21-82, dated April l, 1982, the Plan-
ning Cornmission adopted such Objectives and Policies specified by
ZORAC.
Councilman Rockoff stated that he had the same problem
with this as he had with the Ordinance adding Chapter 17.53 relative
to Site Plan Review and that this should be taken up at the Committee
Meeting along with Chapter 17.53.
City Attorney Oberholzer stated there would be no need
to approve this Site Plan Review Objectives and Policies tonight
in light of the decision to delay action on the Ordinance relative
to Site Plan Review.
Councilman Rockoff made a motion to delay action on the
Site Plan Review Objectives and Policies as set forth in Planning
Commission Resolution No. 21-82, until the Council Meeting of April
28, 1982. This motion was approved with Councilman Payne voting
in the negative.
68
Bakersfield, California, April 14, 1982 - Page 27
Approval of Deed and Bill of
Sale of California Water
Service Company's Water Service
Area within the Fairhaven System.
This Deed and Bill of Sale provides for the acquisition
of California Water Service Company's pipeline and related facili-
ties in the area west of 99 Freeway between Ro'sedale Highway and
the Calloway Canal. There are approximately 60 service connections
served by these facilities. This acquisition is in accordance
with Agreement of Sale No. 81-109 dated July 29, 1981. The acquisi-
tion cost is $220,000. The City Water Board has reviewed this item
and recommends City Council acceptance.
Upon a motion by Councilman Barton, Deed and Bill of Sale
of California Water Service Company's Water Service Area Within
the Fairhaven System, was approved, and the ~ayor was authorized
to execute same.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 10:10 P.M.
MAYOR o~he Cit~ of Bakersfield, Calif.
ATTEST:
CIT ES Officio Clerk of the Council
of the City of Bakersfield, California
CW
Bakersfield, California, April 21, 1982
69
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., April 21, 1982.
The meeting was called to order by Vice-Mayor Barton,
followed by the Pledge of Allegiance and Invocation by Sandra
Millard, Youth Guidance Director of Youth for Christ.
The City Clerk called the roll as follows:
Present: Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
Absent: Mayor Shell.
SCHEDULED PUBLIC STATEMENTS
Mr. Frank Butkiewicz, ?109 La Coste Lane, Attorney
representing himself and his neighborhood, requested that the
Council request the Planning Commission to study the possibility
of changing the zoning from an R-2-D to R-1 on an undeveloped
parcel of property located south of Hilton Head Way and west of
Moffit Way (Tract No. 4364, Lots 10-31). They feel multiple dwelling
units would add to the traffic problems and an already overcrowded
school system. In the southwest apartments are usually built along
the major thoroughfares and this would be an inner core development.
There are presently two developers negotiating with Tenneco for
the purchase of this property.
After considerable discussion, Councilman Strong requeste.~
that staff arrange a meeting, as soon as possible, between City
staff, Tenneco Realty Development Corporation and residents of the
area surrounding Tract No. 4364 to clarify everyone's position and
report back to the Council.
Vice-Mayor Barton declared a brief recess at 8:30 P.M.
and reconvened the meeting at 8:35 P.M.
CORRESPONDENCE
Upon a motion by Councilman Means, communication from
Karpe Real Estate Center, 4000 Ming Avenue, Bakersfield, dated
April 15, 1982, requesting concept approval of a proposal to develop
7O
Bakersfield, California, April 21, 1982 - Page 2
an Inter-City Bus Terminal, parking structure, 100,000 square feet
of commercial space and 150,000 square feet of office space on the
two blocks bounded by Chester Avenue, "H" Street, 23rd Street and
22nd Street, was received and referred to the Voucher Approval
Committee for study and recommendation. Councilman Rockoff voted
in the negative on this motion and due to a real or imaginary
conflict of interest Councilman Payne abstained from voting.
Upon a motion by Councilman Rockoff, communication from
Penstar Group, 1991 North Gateway Boulevard, Fresno, dated April
15, 1982, regarding financing a 160 bed skilled nursing facility
on White Lane near New Stine Road with tax exempt Revenue Bonds
offered through the City of Bakersfield, was received and referred
to the Budget Review and Finance Committee for study and recom-
mendation.
Councilman Strong stated he did not feel the Voucher
Approval Committee was the place to discuss the request from Karpe
Real Estate Center for concept approval of a proposal to develop
an Inter-City Bus Terminal, parking structure, 100,000 square feet
of commercial space and 150,000 square feet of office space.
Mr. Dick Foster, representing Karpe Real Estate, stated
he was present to answer questions of the Council.
Councilman Means made a motion to reconsider the motion
to refer the communication from Karpe Real Estate Center to the
Voucher Approval Committee for study and recommendation. This
motion was approved and Councilman Payne abstained from voting.
After considerable discussion, Councilman Rockoff made a
motion that the communication from Karpe Real Estate Center be
referred to a special committee made up of Councilmen Means, Ratty
and Rockoff for study and reoommendation. This motion was approved
and Councilman Payne abstained from voting on the matter.
Upon a motion by Councilman Ratty, communication from
Toy Circus, Inc., 2129 Chester Avenue, dated April 19, 1982,
recommending a "NO" vote on the plan to terminate the GET Bus
Bakersfield, California, April 21, 1982 - Page 3
71
System at their back door, was received and referred to the Voucher
Approval Committee.
Upon a motion by Councilman Payne, communication from
the Bakersfield S.P.C.A., dated April 15, 1982, regarding contract
renewal, was received and referred to the Budget Review and Finance
Committee for study and recommendation.
COUNCIL STATEMENTS
Councilman Ratty stated recently the County of Kern
approved hiring six new Firemen to man the Bear Valley Springs
Fire Station and, as he understands it, this is contrary to the
agreed position on hiring new people regarding the study on the
consolidation of Fire Stations. Councilman Ratty made a motion
that the Water and City Growth Committee meet, as soon as possible,
with the County Board of Supervisors' Intergovernmental Relations
Committee to discuss the matter.
Councilman Christensen offered a substitute motion that
Councilmen Barton, Ratty and Rockoff meet, as soon as possible,
with the County Board of Supervisors' Intergovernmental Relations
Committee to discuss the hiring of six new Firemen to man the Bear
Valley Springs Fire Station.
following roll call vote:
Ayes: None
Noes: Councilmen Payne, Ratty,
Absent:
This motion failed to carry by the
Rockoff,
Christensen, Means
Strong, Barton
None
Councilman~.Ratty's motion that the Water and City Growth
Noes
Absent:
carried by the following roll call vote:
Councilmen Payne, Ratty, Rockoff, Strong,
Christensen, Means
None
None
Barton,
Station,
Ayes
Committee meet, as soon as possible, with the County Board of
Supervisors' Intergovernmental Relations Committee to discuss the
hiring of six new Firemen to man the Bear Valley Springs Fire
7'2
Bakersfield, California, April 21, 1982 - Page 4
REPORTS
Director of Public Works Hawley read a report regarding
Treatment Plant No. 3's Cease and Desist Order, as follows:
DESCRIPTION
Plant No. 3 is a secondary facility consisting
of primary clarification followed by aerated
lagoons. The plant is designed for an average
daily flow of 3.5 million gallons per day and
is presently treating approximately 3.6 million
gallons per day.
The plant is located on a 640 acre, City owned
site, southwest of central Bakersfield, about
one mile south of Panama Lane near Ashe Road.
The first phase of the present plant was
constructed in 1969 to replace sewage lagoons
located two miles north of the plant. The
lagoons were constructed to serve County areas
in the southwest, and were loaded to capacity.
Because of rapid growth in the area, a clarifier
and digesters were added in 1972. With the
addition of sewage from the Anheuser-Busch
Yeast Factory, the plant was upgraded and its
design capacity increased in October, 1974.
The plant serves the southwest Bakersfield area
west of Freeway 99 and south of Stockdale High-
way with connections as far south of ~ mile
south of Panama Lane. Approximately 4,650
residents living outside the City limits and
28,200 residents living in the City are served
by the plant.
HISTORY
In 1975, there were complaints regarding odors
in the vicinity of Plant No. 3. The operational
data indicated an overloading of the aerated
lagoons. The majority of the loading was from
one industrial discharger, Anheuser-Busch.
Because of the difficulty in pinpointing the
source of odors, on September 17, 1975, the
City hired a consulting firm to investigate the
possible source and make recommendations. On
September 30, 1975, the Air Pollution Control
Board (APCB) issued an order of abatement against
the City for the discharge of noxious odors from
Plant No. 3. At the hearing, the City outlined
various short range steps already taken and to
be implemented to reduce the loading from
Anheuser-Busch.
On October 24, 1975, the Consultant made addi-
tional short-range recommendations, which were
implemented and long-range recommendations to
develop the City's 640 acres and to plan for
the expansion of the plant.
On September 17, 1976, as it has been more than
eight months since the plan of action had been
Bakersfield, California, April 21, 1982 - Page 5
implemented and there appeared to be no unusual
odors or noises from the plant, the City asked
the APCB to lift the Cease and Desist Order.
However, the Board felt that the order should
remain until a long-range plan was developed
for expanding the plant.
Because of the tremendous expense in upgrading
and expanding the plant and due to the numerous
areas in the southwest that are unsewered, the
City contacted the State for financial assistance.
The State indicated that any plant expansion
should consider the entire area including Rose-
dale and the North of the River Plant.
On June 28, 1978, the City entered into an
agreement with KERN-COG and the County for a
West Bakersfield Sewer Study. The final draft
of that study was completed in May of 1980,
and recommended that Plant No. 3 be upgraded
and expanded at an estimated cost of $21,066,000.
Because of the length of time required to
develop this expansion project, on June 4, 1980,
the City asked John Carollo Engineers to prepare
an interim plan to alleviate the overload
condition and provide for growth through 1985
(the estimated time required to implement the
long-range plan). This interim plan was prepared
and a contract was awarded on March 4, 1981 at
a cost of $1.2 million. This contract should
be complete in June, 1982.
While proceeding with the construction of the
interim plant, we have also proceeded with the
Environmental Clearance on the long range plan.
On December 17, 1980, the Planning Commission
approved the West Bakers£ield Sewer Study EIR.
On February 19, 1981, the Planning Commission
held a hearing to discuss the disposal alter-
natives. This hearing was continued and re-
scheduled several times through October, 1981,
to consider additional alternatives. As a
result of these hearings, two alternatives were
dropped in favor of four alternative actions.
In February and March of this year, the City
mailed a summary to property owners living in
the area, property owners living near the
alternative sites, the School Districts, the
Water Districts and other interested parties,
which stated the City was considering four
viable alternative disposal methods and that a
hearing would be held on March 18, 1982. At
the hearing it was apparent that residents in
the area preferred the alternative that trans-
ported the effluent several miles to the west
at I-5.
On April 9, 1982, a petition with 400-500 signa-
tures was filed in the Engineering Department
opposing the plan to expand Plant No. 3 and
recommending the I-5 alternate disposal site.
74
Bakersfield, Cali£ornia, April 21, 1982 - Page 6
CURRENT MANAGEMENT PLAN
The City has placed the Plant No. 3 farm lessee
on notice and City staff is now spreading the
effluent to eliminate the continual standing
of water.
The City has entered into an agreement with
Anheuser-Busch whereby the industrial waste
being generated by this firm will be removed
from the treatment plant and applied directly
on 400+ acres of land they are leasing from
the CiTy. Their plan is for either a turf or
alfalfa crop on the lease area. Their schedule
is to develop the land for farming purposes by
September, 1982, with complete separation of
the yeast waste from the treatment plant by the
end of December, 1982.
The City is nearing completion on construction
of the Interim Facilities at Plant No. 3. The
Interim Facilities include the upgrading and
expansion of the plant headworks and the addition
of surface aeration to the exisitng ponds. This
will correct the low dissolved oxygen level in
the ponds that could contribute to an odor problem.
Completion of the Interim Facilities is anticipated
in June, 1982. These additions will meet our
needs until such time that the long-range plan
is implemented.
A summation of our long-range plan for improve-
ments at Plant No. 3, to provide 6.5 MGD capacity,
is as follows:
1. Primary clarification will be doubled.
RBC's will
clarifiers
BOD.
be inserted between the primary
and the existing ponds to remove
3. The existing ponds will revert to final
clarification and sludge digestion functions.
The existing air system in the ponds, which
is a source of problems will be abandoned.
The surface aerators being installed at this
time will continue to supply the required
air to keep the surface of the ponds aerobic.
An estimated completion schedule for the long-
range plan, based on local funding, is as follows:
1. Public hearing on Supplemental EIR (Disposal
Alternatives) was March 18, 1982.
2. Final EIR on project - May, 1982.
Financial Plan, Plans and Specifications
expansion; approval by the City Council-
September, 1983.
for
Bakersfield, California, April 21, 1982 - Page 7
75
4. Call for bids-October, 1983.
5. Award contract-December, 1983.
6. Construction complete-October, 1985.
ACTION BY BOARD OF SUPERVISORS ACTING AS THE
AIR POLLUTION CONTROL BOARD
On Monday, the staff became aware that the Air
Pollution Control Board was going to consider,
on Tuesday, a report and recommendation that the
County Counsel initiate a Civil Suit against the
City for violation of the Order of Abatement.
This report was based on seven complaints and
a copy of the same petition that we had received -
all of which were received after the City
publicized the hearing on disposal alternatives.
I immediately contacted the City Attorney. After
several calls to the County, we were advised that
the Kern County Health Department would recommend
that the City be given a week to respond.
At the APCB hearing it was obvious that the Board
had made up their mind prior to receiving any
information other than the report from the Kern
County Health Department. The report was read
and the Board discussed whether the penalty
should be $6,000 per day or $180,000 per month.
Then four residents from the area spoke,
particularly against Alternate 1 of the City's
EIR. Then the Board directed the County Counsel
to proceed to initiate a Civil Suit. The City
was not invited to respond to the statements
made and our request for a week to prepare a
response was not granted.
SUMMARY
As stated to the Board in 1975, it should be
remembered that no open sewage treatment plant
is completely odorless. We have given adjacent
property owners our telephone number and they
have, on occasion, called us, at which time we
have made adjustments in the chlorine or
deodrant at the plant. They are aware of our
construction schedule and have been tolerant.
In my opinion the Board took the petition and
complaints completely out of perspective. The
petition and complaints were directed toward
the EIR. The staff of the APCD stated that it
could not be said that the City has not been
operating within the state of the art of current
technology.
The APCD has filed monthly or quarterly reports
with the Board since 1975 and has not notified
the City of problems. It is inconceivable to
me that the Board would take such drastic action
without even knowing what the City has been
doing and intends to do. This is especially
true since it is only 60 days prior to
the completion of the Interim Facility.
76
Bakersfield, California, April 21, 1982 - Page 8
Public Works Director Hawley stated this report was for
the Council's information only.
Director of Fire and Development Services Needham
requested that the proposals submitted by consultants for updating
the Noise Element of the General Plan be referred to the Budget
Review and Finance Committee for study and recommendation.
Upon a motion by Councilman Ratty, proposals submitted
by consultants for updating the Noise Element of the General Plan
were referred to the Budget Review and Finance Committee for study
and recommendation.
City Manager Kelmar stated the Citizen's Committee of
the California Avenue Park Neighborhood Facility approached him
about placing a snack bar in the building and it is felt the request
has merit and should be referred to the Auditorium-Recreation
Committee for study and recommendation.
Upon a motion by Councilman Christensen, the matter of
placing a snack bar in the California Avenue Park Neighborhood
Facility was referred to the Auditorium-Recreation Committee for
study and recommendation.
City Manager Kelmar suggested that the matter of
competitive bidding for architectural and engineering professional
services be referred to the Budget Review and Finance Committee
for study and recommendation.
Upon a motion by Councilman Payne, the matter of
competitive bidding for architectural and engineering professional
services was referred to the Budget Review and Finance Committee
for study and recommendation.
HEARINGS
This is the time set for public hearing before the
Council on proposed rate increase for the Bakersfield Municipal
Water System - Ashe Division.
This hearing has been duly advertised and notices mailed
to all water customers within the Municipal Water System - Ashe
Division.
Bakersfield, California, April 21, 1982 - Page 9
A letter of opposition was received from George A. Olsen,
309 Jamaica Way, Bakersfield.
Vice-Mayor Barton declared the hearing open for public
participation.
Mr. Lloyd Phillips, 6408 Cochran Drive, stated he was
opposed to the split schedule of rates, which provides a 40%
surcharge to persons living outside the City Limits.
Mr. Tom Dinwoodie, President of the Park Stockdale Civic
Association, spoke in opposition to the 40% surcharge placed on
water bills of persons living outside the City Limits and requested
that it be removed.
Mr. Tom Stetson, President of Stetson Engineers, Inc.,
the City's Water Consultant, answered questions of the Council.
No further protests or objections being received and no
one wishing to speak in favor, Vice-Mayor Barton closed the public
portion of the hearing for Council deliberation and action.
Councilman Ratty requested that letters be sent to Mr.
Phillips and Mr. Dinwoodie explaining the reasons for the surcharge.
Upon a motion by Councilman Ratty, Resolution No. 36-82
of the Council of the City of Bakersfield setting rates for Water
Service in the Bakersfield Water Service Area, was adopted by the
following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
This is the time set for public hearing before the
Council on an Appeal by Nick Trombetta to the decision of the
Board of Zoning Adjustment regarding Condition No. 1 set on his
requested Modification of an R-2-D (Limited Multiple Family Dwelling -
Architectural Design) Zone, to permit the elimination of the required
five-foot side yard setback, and reduce the minimum required distance
between the house and patio roof structure from ten-feet to one-foot
on that certain property commonly known as 3500 Akers Road, #50.
Bakersfield, California, April 21, 1982 - Page l0
This hearing has been duly advertised and the property
owners notified as required by law.
Condition No. 1 required the removal of the patio structure
from the neighbors property.
Vice-Mayor Barton declared the hearing open for public
participation.
Mr. Nick Trombetta, 3500 Akers Road, #50, requested that
the Council remove Condition No. 1 and permit him to retain his
patio structure.
Mrs. Hazel Kapral, 5 Jones Street, #86, spoke in opposition
to granting Mr. Trombetta's request.
Mrs. Helen Lee, resident of Pinewood Estates #90, spoke
in opposition to granting Mr. Trombetta's request.
No further protests or objections being received and no one else
wishing to speak in favor, Vice-Mayor Barton closed the public
portion of the hearing for Council deliberation and action.
Upon a motion by Councilman Strong, Zoning Resolution
No. 288 denying appeal from Board of Zoning Adjustment decision
imposing Condition No. 1 on Modification to permit elimination of
required side yard setback and reduce minimum required distance
between structures on that certain property commonly known as 3500
Akers Road, #50, was adopted by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
This is the time set for public hearing before the
Council on an Appeal by Jerry Goldberg to the decision of the
Board of Zoning Adjustment denying his application for a Modification
of the parking surface to permit a substandard surface in a C-2-D
(Commercial - Architectural Design) Zone, on that certain property
commonly known as 1821 Golden State Avenue.
Bakersfield, California, April 21, 1982 - Page ll
79
This hearing has been duly advertised and the property
owners notified as required by law.
Vice-Mayor Barton declared the hearing open for public
participation.
Mr. John Willingham, representing Jerry Goldberg, requesl~ed
that this matter be continued until they have had a chance to
investigate it a little more thoroughly.
Upon a motion by Councilman Payne, public hearing before
the Council on an Appeal by Jerry Goldberg to the decision of the
Board of Zoning Adjustment denying his application for a Modification
of the parking surface to permit a substandard surface in a C-2-D
(Commercial - Architectural Design) Zone, on that certain property
commonly known as 1821 Golden State Avenue, was continued until
the Council Meeting of May 12, 1982, by the following roll call
vote:
Ayes:
Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen
Noes: None
Absent: Councilman Means
This is the time set for public hearing before the
Council to determine whether public necessity, health, safety or
welfare require formation of Underground Utility District No. 2,
Divisions 7 and 8.
This hearing has
and property owners within
On March 17, 1982, the Council adopted Resolution No.
26-82 and established April 21, 1982, as the date for public
hearing on whether public interest requires undergrounding of
public utilities in the following areas:
Division 7:
Division 8:
been duly posted and utility companies
the District have been notified.
Located along "H" Street between
15th and 17th Streets.
Located in Block 325 directly
south of City Hall.
8O
Bakersfield, California, April 21, 1982 - Page
Vice-Mayor Barton declared the hearing open for public
participation. No protests or objections being received and no
one wishing to speak in favor, the public portion of the hearing
was closed for Council deliberation and action.
Upon a motion by Councilman Rockoff, Resolution No.
37-82 of the Council of the City of Bakersfield, State o£ California,
establishing Underground Utility District No. 2, Divisions 7 and
8, was adopted by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen
Noes: None
Absent: Councilman Means
This is the time set for public hearing before the
Council on Resolution of Intention No. 954 of the Council of the
City of Bakersfield declaring its intention to order the vacation
east/west alley between "M" Street and "N"
6 of the Lowell Addition in the City of Bakers-.
of a portion of the
Street within Block
field.
This hearing was duly posted.
The application for this alley vacation was submitted by
General Office Machine Company, lll9 California Avenue.
Vice-Mayor Barton declared the hearing open for public
No protests or objections being received, the public
hearing was closed for Council deliberation and
participation.
portion of the
action.
Upon
a motion by Councilman Rockoff, Resolution No. 38-82
of the Council of the City of Bakersfield ordering the vacation of
a portion of the east/west alley between "M" Street and "N" Street
within Block 6 of the Lowell Addition in the City of Bakersfield,
was adopted by the following roll
Ayes: Councilmen Payne, Ratty,
Noes:
Absent:
Christensen
None
Councilman Means
call vote:
Rockoff, Strong, Barton,
Bakersfield, California, April 21, 1982 - Page 13
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 10:15 P.M.
V~-MAYOR ~ the City of Bakersfield,
ATTEST:
CITY CLERK arid Ex of the Council
of the City of Bakersfield, California
ma
Calif.
Bakersfield, California, April 27, 1982
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., April 27,
1982.
The meeting was called to order by Mayor Shell and
Agency Chairman Lewis, followed by the Pledge of Allegiance and
a moment of silent prayer.
The City Clerk called the roll of the Council, as follows:
Present:
Absent:
Present:
Absent:
Mayor Shell. Councilmen
Councilman Payne
Ratty, Rockoff, Strong, Barton
Christensen, Means
The City
Agency
None.
Clerk called the roll of the Agency as follows
Members Bilas, Clausen, Lewis, Mooneyham, Moore
Winer
Mayor Shell stated that the purpose of this public hearing
was to consider a proposal by Hedrick-McBride for development of a
downtown hotel located directly adjacent to and east of the Civic
Auditorium. The proposed plan would involve the property bounded
by Truxtun Avenue on the north, "Q" Street on the east, Santa Fe
right-of-way on the south, and the Civic Auditorium on the
Railroad
west.
CORRESPONDENCE
Upon a motion by Councilman Means, correspondence from
the Community Development Program Department, County of Kern, dated
April 14, 1982, regarding the Negative Declaration for the Conven-
tion Center Hotel Facility was received and placed on file.
Upon a motion by Councilman Means, correspondence from
Kern County Council of Governments, dated April 22, 1982, regarding
the Negative Declaration for the Convention Center Hotel Facility
was received and placed on file.
Bakersfield, California, April 27, 1982 - Page 2
STAFF REPORTS
City Manager and Executive Director of the Redevelopment
Agency Kelmar introduced the Agency consultants and developer as
follows:
Calvin Hollis, Katz, Hollis, Coren, & Associates, Inc.,
Financial Consultant for the Redevelopment Agency.
Joe Coomes and John Carrier, McDonough, Holland, and
Allen, Legal Counsel for the Redevelopment Agency.
Richard L. Botti, Keyset, Marston Associates, Inc.,
Land Use Economists for the Redevelopment Agency.
Tom McBride and Jack Cassidy, Hedrick and McBride,
Developers of the project.
Economic Development Coordinator Kennon, stated that the
Proposal involves construction of a Convention Center Hotel with
parking facilities, and a full service hotel with approximately
320 rooms, located on property directly adjacent to and east of the
Civic Auditorium. The proposed plan would involve the property
bounded by Truxtun Avenue on the north, "Q" Street on the east,
Santa Fe Railroad right-of-way on the south, and the Civic Auditorium
on the west. The Proposal also involves additional construction of
replacement facilities for the Civic Auditorium located south and
southwest of the existing facilities.
City Manager and Executive Director of the Redevelopment
Agency Kelmar gave a Summary Report for the proposed Convention
Center Hotel Development, as follows:
The City Council and Redevelopment Agency will be
considering a number of documents at the public
hearing on Tuesday, April 27th, relating to the
proposed Convention Hotel. These documents refer
to the various responsibilities on the part of the
developer and the City as defined in the Disposition
and Development Agreement and Lease Agreement. In
addition, there will be reports discussed which
deal with the economics and costs associated with
the DDA and Lease Agreement.
However, there are other issues which the City
Council and Redevelopment Agency members should be
made aware of which deal with this proposed develop-
ment and are not specifically a part of the above
named documents, but will require action either at
the hearing or subsequent meetings.
Bakersfield, California, April 27, 1982 - Page 3
1. Replacement of storage facilities and handi-
capped access at the Civic Auditorium.
The development of the hotel will result in the
loss of 12,000 square feet of storage facilities
presently utilized by the Civic Auditorium on
the block east of the Civic Auditorium. It will
be necessary to replace this storage. Preliminary
plans and cost estimates have been prepared to
add two storage areas to the rear of the Civic
Auditorium at an estimated cost of $810,000. In
addition, the issue of handicapped access to the
Civic Auditorium should also be addressed. The
developer will be providing total access to meet-
ing rooms and public areas and the City should
study this problem and attempt to resolve this
issue at this time.
A resolution for the use of tax increments for
these public improvements will be considered at
the public hearing.
2. Parking for the Proposed Hotel.
A review has been made of various parking require-
ments for hotel facilities of a similar type. In
addition, the developer has provided data relating
to parking requirements, parking usage and patterns
of occupants relative to parking needs. In order
to relate this data to the site upon which the
hotel is proposed, the Council will be requested,
at its meeting on Wednesday, April 28, to adopt a
resolution which will expand the extended core area
boundary line, which now bisects the Civic Auditor-
ium property, easterly to "Q" Street.
In addition, the parking which will be lost with
the proposed addition of storage facilities to the
Civic Auditorium will be replaced by the recently
developed one-block County parking area just west
of the Civic Auditorium. The staff will also be
studying future parking requirements as well.
3. City-Owned Property
The City owns approximately 3/4 of a block within
the proposed site. It will be necessary for the
City Council, at a public hearing some time in the
future, to transfer this property to the Redevelop-
ment Agency. The Agency will pay the City for this
property at current market values.
City Manager and Executive Director Kelmar stated in the
Disposition and Development Agreement under Developer's Deposit, it
is indicated that prior to simultaneous execution of the Agreement
the Developer will initially deposit $50,000 with the City. Mr.
McBride has informed the City that his partner, Mr. Hedrick, will
be out of town until Friday, April 30, 1982, but the deposit will
be paid on Monday, May 3, 1982, at which time the Agreement will be
signed.
Bakersfield, California, April 27, 1982 - Page 4
85
Mr. Calvin Hollis, member of the Firm of Katz, Hollis,
Coren and Associates, Financial Consultant for the Redevelopment
Agency, stated, that when a Redevelopment Agency commits the use
of cost increment to purchase property and then to convey it, the
law requires that a summary report be prepared for a public hearing,
which presents the costs of the agreement to the agency, and an
evaluation of the property being conveyed.
In the Analysis of Cost of the Disposition and Development
Agreement for the Convention Center Hotel, dated April 1982, it
spells out what the agreement is, and what costs the Agency will
incur. Table 1 of the Summary Report, identifies the costs that
will be incurred by the Agency as a result of this agreement.
Those costs include land acquisition, demolition, site occupant
relocation, public improvements, and an administrative item, for a
total of $1,619,000. The agreement provides that the demolition
costs will be reimbursed to the Agency by the Developer over a
ten-year period, with an interest rate of 10% per year.
Included in the land acquisition is the appraised value
of property currently owned by the City in the development area.
It is being proposed that the Redevelopment Agency agree to purchase
this property from the City, at the appraised value. The Agency
is incurring this as an obligation to the City to be repaid at such
time as funds are available. It will be the Agency's and City's
discretion as to what point in time the City is paid for this
property. It is, however, a cost to the Agency as they will be
paying the City for this property and it is included in the $1,452,000
shown.
It is proposed that the costs be financed out of Redevelop-
ment Agency funds currently on hand. There are no bond sales or
long-term financing contemplated.
Mr. Dick Botti of Keyser, Marston Associates,presented
the Analysis of Lease Agreement between the Bakersfield Redevelopment
Agency and Bakersfield Metropolitan Associates. Before the Council
86
Bakersfield, California, April 27, 1982 - Page 5
and Agency is the result of many meetings in many months of
negotiations created in part because of the pioneering nature of
the investment that this particular developer is going to make arid
of the uncertain nature of the current financial market that
relates to securing the necessary $17,000,000 or $18,000,000
investment that is required for this type of hotel.
The basic lease terms can be broken into essentially
two components. The first component is the base rents. The base
rents start in year two at $50,000 per year and increases at
$50,000 per year until it reaches $200,000 in year five; and
remains at $200,000 per year through year fifteen. The purpose
of the low base rent, is to allow and provide some concessions
to the developer during the initial start of the hotel. After
year sixteen we believe the agreement provides for a unique
feature in that the base rent is established annually at 80% of
the previous year's rent. The previous year's rent for the cal-
culation of the base rent will include the percentage rents so
that after the sixteen years the percentage rent that is being
generated from the formula would be converted into a guaranteed
rental payment to the Agency. The percentage rent has two
las; two components. During years one through five, the developer
has agreed to pay two percent of total room, and food and beverage
sales to the Agency, less the base rents. After year six the
developer has agreed to pay the Agency 5% of room sales, above
$8,700,000, as additional rent, and 3% of food and beverage sales
above $6,300,000. These numbers came about because of the need
to establish base and percentage rents that would allow the
developer to finance the hotel. Historically, those percentage
rents have been based upon 5% of rent sales and 3% of food sales
from year one. Today, because of the cost of money, these develop-
ers cannot afford a high ground rent payment. There comes a
point in time when the developer can afford to go back to the more
traditional percentage rates. It is our calculation that that
Bakersfield,
California, April 27, 1982 - Page 6
point would be when the hotel generates $15,000,000 in total sales
volume. At the $15,000,000 sales figure, the developer and investor
would be receiving a fair return of investment on their invest-
ment of 18% of internal rate of return. The internal rate of
return is somewhat of a complex formula, based on discounted cash
flows. Today, in the present status of the financial markets, an
internal rate of return between 17% and 20% is required. This
formula will generate that return to the developer and will produce
to the Agency sufficient percentage rents above $15,000,000.
The last minor component, of the total rent, is the
repayment of the $100,000 the Agency needs to spend in order to
attempt to provide the necessary demolition and minor site improve-
ment work. As part of the analysis, income projections for the
hotel have been made based upon the rental terms outlined. The
Agency, based upon the terms contained in the proposed lease,
would receive approximately $2,000,000 in lease revenue payments.
Under the more conservative projection, the Agency would receive
approximately $1,800,000. In addition, the agency would receive,
in future years, additional revenues that could total between
$6,500,000 and $10,000,000 depending upon the growth of the economy
and inflation rate.
In terms of trying to measure the worth of the investment
to the Agency, cash flows have been taken that were produced by
our projections and discounted at a 10% rate. That discount rate
indicates that the worth of the investment to the Agency would be
between $2,000,000 and $2,400,000. If a slightly higher discount
rate of 12%; is assumed, the value of the investment to the Agency
would be between $1,600,000 and $1,800,000. The Proposed Lease
Agreement before the City Council and Agency provides an adequate
return for the money that the Agency needs to spend in order to
assemble the site, and to allow the developer to have a successful
project and raise the necessary equity capital.
Bakersfield, California, April 27, 1982 - Page 7
Economic Development Coordinator Kennon stated that at
the point in time, during negotiations, when it appeared that a
project was taking shape, staff conducted an "Initial Study".
This is a requirement of the California Environmental Quality Act
in which the project is described and attempts are made to ident-
ify any impact that would have significant or traumatic impact
on the environment. That study was completed and is included in
the packet.
As a result of that study, it was found that there
would be no impact or conditions that were going to create a
traumatic or traumatizing impact to the environment or the
method which the community functions. There were a number of
issues that the City felt deserved to be discussed in more detail.
One of those issues is access to the site, and another one is
parking. There were several other issues of a lesser nature.
As a result of that, and studies dealing with those issues, the
City issued a Negative Declaration that was published in the
local paper.
The City received comments, none of which were of a
negative nature or indicating that there was additional concern
over what had already been identified. The one issue that the
City feels is obviously mitigated deals with fire prevention,
and as a function of the Building Code that would be included and
considered during the design of the structure. For that reason,
the Council and Agency are being requested to certify the Negative
Declaration.
Councilman Rockoff stated that in regard to the Lease
Agreement, he had concerns about whether the hotel operator or
lessee could further encumber the property as time goes on with
additional trust deeds without notice to the Agency; and how the
City would be protected so that the obligation under new encum-
brances might not jeopardize the collection of rents.
Bakersfield, California, April 27, 1982 - Page 8
Mr. Joe Coomes, Special Council for the Redevelopment
Agency, stated that the Lease is an unsubordinated ground lease,
meaning that a lender could not foreclose the interests of the
Agency under the lease. There is a provision, for a subordination
of rents during the first 10-year period. The question being
raised as to whether the developer could encumber the lease hold
interest to any amount, under the lease as it was drafted, since
it was unsubordinated; it does not have that type of restriction.
Just prior to the meeting, this particular provision was discussed
with the developer. The developer agreed to a limitation on
future financing to the lessor of .75% of the appraised value of
the property; or to an income to debt service ratio of 1 to 1.25
and that will take care of the concerns expressed.
Councilman Rockoff asked if there was a projected compu-
tation as to when payment to the City will occur for the land they
sell to the Redevelopment Agency.
Mr. Hollis stated that the decision for repayment to
the City is really not a function of the income generated from
this property or the project, but rather a decision of the City
and Agency as to how they are going to rank their redevelopment
priorities. The Agency has under consideration a number of deve. lop-
ment opportunities that will take some Agency investment. As
these come up, they can decide to either fund these opportunities
or repay the City for this property. It is totally within the
City and Agency's discretion as to when this occurs.
City Manager, Executive Director Kelmar stated that
this would become a liability on the books of the Agency.
Councilman Rockoff stated that no matter when the
decision is made to repay the City, if there is not a cash
flow available to pay, then it cannot be done. Councilman Rockoff
asked when the cash would be available so that the City can make
a decision as to what they want to do?
9O
Bakersfield, California, April 27, 1982 - Page 9
Mr. Hollis stated that there are several ways. One
way would be to pay back out of the increment generated by the
hotel. This project will generate anywhere between $180,000
and $220,000 a year in property taxes, which, because it is
incremental, will be received by the Agency. Under a plan such
as that, for the value of this property it would be three or
four years after the hotel is constructed before the City could
be repaid. That is an option that might be considered acceptable
to the Agency and Council.
Councilman Rockoff stated that he did not understand
Section 318, Subparagraph (g), of the Disposition and Developme:at
Agreement, which reads as follows:
(g)
"Any insurance proceeds from fire and
extended coverage or other coverage
shall be used for repairs, reconstruction,
or restitution of the site to repay any
part of the outstanding indebtedness
secured by the mortgage, deed of trust,
or other security interest."
Mr. Coomes stated that the word, "not" has been left
out and should be inserted after the word site. It should read:
(g) "Any insurance proceeds from fire and
extended coverage or other coverage
shall be used for repairs, reconstruction,
or restitution of the site not to repay
any part of tho outstanding indebtedness
secured by the mortgage, deed of trust,
or other security interest."
Mayor Shell opened the hearing and called for comments
by persons in regards to the Negative~Declaration, objections to
or in favor of the proposed Convention Center Hotel. No oral o~?
written comments being received, either in favor or objecting
to, the public portion of the hearing was closed for deliberation
and action.
Adoption of P~esolution No. RA4-82 of the
Redevelopment Agency of the City of Bakers-
field making environmental findings necessary
for the proposed'~isposition and Development
Agreement between the Bakersfield Rede~e!opment
Agency and Bakersfield Metropolitan Association
for the lease of real property located in the
Downtown Bakersfield Redevelopment Project,
and the developers of said property.
Bakersfield, California, April 27, 1982 - Page 10
91
Upon a motion by Agency Member Winer, seconded by Agency
Member Bilas, Resolution No. RA4-82 of the Bakersfield Redevelopment
Agency making environmental findings necessary for the proposed
Disposition and Development Agreement between the Bakersfield Rede-
velopment Agency and Bakersfield Metropolitan Association for the
lease of real property located in the Downtown Bakersfield Redevelop-
ment Project, and the development of said property, was adopted by
the following roll call vote:
Ayes:
Agency Members Bilas, Clausen, Lewis, Mooneyham, Moore
Winer
Noes: None.
Absent: None.
Adoption of Resolution No. 39-82 of the
City Council of the City of Bakersfield
making environmental findings necessary
for the proposed Disposition and Development
Agreement between the Bakersfield Redevelop-
ment Agency and Bakersfield Metropolitan
Association for the lease of real property
located in the Downtown Bakersfield Redevelop-
ment Project, and the Development of said
property.
Upon a motion by Councilman Barton, Resolution No. 39-82,
of the Council of the City of Bakersfield making environmental find-
ings necessary for the proposed Disposition and Development Agree-
ment between the Bakersfield Redevelopment Agency and Bakersfield
Metropolitan Association for the lease of real property located in
the Downtown Bakersfield Redevelopment Project, and the Development
of said property, was adopted by the following roll call vote:
Ayes
Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means
Noes None.
Absent:
Councilman Payne
Adoption of Resolution No. 40-82 of the'
City Council of the City of Bakersfield
making findings with respect to a Dispo-
sition and Development Agreement between
the Bakersfield Redevelopment Agency and
Bakersfield Metropolitan Association
approving the proposed lease of certain
real property and the Disposition and
Development Agreement for the Convention
Center Hotel.
Bakersfield, California, April 27, 1982 - Page 11
Upon a motion by Councilman Means, Resolution No. 40-82,
of the Council of the City of Bakersfield making findings with
respect to a Disposition and Development Agreement between the
Bakersfield Redevelopment Agency and Bakersfield Metropolitan
Association approving the proposed lease of certain real property
and the Disposition and Development Agreement for the Convention
Center Hotel, was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means
Noes: None.
Absent: Councilman Payne
Adoption of Resolution No. RA5-82, of the
Redevelopment Agency making certain find-
ings with respect to a Disposition and
Development Agreement between the Agency
and Bakersfield Metropolitan Association
approving the proposed lease of certain
real property and the Disposition and
Development Agreement for the Convention
Center Hotel; and authorizing the execution
and implementation of said Disposition and
Development Agreement.
Upon a motion by Agency Member Moore, seconded by Agency
Member Clausen, Resolution No. RA5-82, of the Redevelopment Agency
of the City of Bakersfield making certain findings with respect
to a Disposition and Development Agreement between the Agency and
Bakersfield Metropolitan Association approving the proposed lease
of certain real property and the Disposition and Development Agree-
ment for the Convention Center Hotel; and authorizing the executien
and implementation of said Disposition and Development Agreement,
was adopted by the following roll call vote:
Ayes: Agency Member Bilas, Clausen, Lewis, Mooneyham, Moore,
Winer
Noes: None.
Absent: None.
Adoption of Resolution No. 41-82, of the
City of Bakersfield wherein the Council
agrees to consider in concept the use of
Redevelopment Agency tax increments for
certain improvements on the Auditorium
made necessary by the development of the
proposed Convention Center Hotel.
93
Bakersfield, California, April 27, 1982 - Page 12
Upon a motion by Councilman Ratty, Resolution No. 41-82,
of the Council of the City of Bakersfield wherein the Council
agrees to consider in concept the use of Redevelopment Agency Tax
Increments for certain improvements on the Auditorium made
necessary by the development of the proposed Convention Center
Hotel, was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means
Noes: None.
Absent: Councilman Payne
ADJOURNMENT
Upon a motion by Agency Member Moore, seconded by Agency
Member Clausen, Redevelopment Agency's portion of the joint public
hearing held before the Council on the proposed Convention Center
Hotel with Parking Facilities located south of Truxtun Avenue,
west of "Q" Street, north of the Santa Fe Railroad right-of-way,
and east of the Civic Auditorium, was adjourned at 8:05 P.M.
Upon a motion by Councilman Christensen, joint public
hearing before the Council and Redevelopment Agency on the proposed
Convention Center Hotel with Parking Facilities located south of
Truxtun Avenue, west of "Q" Street, north of the Santa Fe Railroad
and east of the Civic Auditorium, was adjourned at
right-of-way,
8:05 P.M.
ATTEST:
MAYOR' of theyty of B~k rsefield, Califor '
CITY CLERK ~nd E of the Council
of the City of Bakersfield, California
CW
94
Bakersfield, California, April 28, 1982
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., April 28, 1982.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Mayor Shell.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Rockoff, Strong, Barton,
Christensen, Means, Payne, Ratty
Absent: None
Minutes of the regular meeting of April 14, 1982, were
approved as presented.
PRESENTATION OF PLAQUE
Mayor Shell presented a plaque to Coach Bobby Dye of the
Cal-State Bakersfield Roadrunners Basketball Team in recognition ¢,f
the honors the team has brought this community.
SCHEDULED PUBLIC STATEMENTS
~r. John Sabovich, 3509 Union Avenue and resident of the
Lake Ming Area, requested that the Council investigate the problems
of public safety, access of emergency vehicles and police protection
during boat races and public events that are held in the Lake Ming
Area. The City controls all streets that provide access to the
Lake Ming and Kern River Golf Course recreation areas. A petition
has been submitted to the Board of Supervisors requesting that boat
races be changed to the Buena Vista Lake because it is better
equipped to handle the large crowds.
Upon a motion by Councilman Rockoff, problems of public
safety, access of emergency vehicles and police protection during
boat races and public events that are held in the Lake Ming Area,
was referred to the Intergovernmental Relations Committee to work
with the County to try to alleviate the problems.
Mrs. Betty Graviss, President of the Bakersfield Art
Association, invited the Mayor, Council and public to attend the
25th Annual Sidewalk Festival at the Cunningham Memorial Art
Bakersfield, California, April 28, 1982 - Page 2
Gallery, adjacent to Central Park, on Saturday, May 1 and Sunday,
May 2, ~982, beginning at 10:00 A.M. each day.
Mrs. Graviss also presented Mayor Shell with an award
which stated "In gratitude, the Bakersfield Art Association
recognizes the role of cultural leadership that Mary K. Shell has
assumed during her term of office. Mayor Shell has actively
supported the enhancement of the Cunningham Memorial Art Gallery
and has been most cooperative in assisting and encouraging all
worthwhile endeavors that improve the artistic climate of Bakers-
field. In appreciation to her generous devotion to the Art~ the
membership hereby awards Mayor Mary K. Shell an honorary life
membership to the Bakersfield Art Association."
Mr. Marvin Dean, 607½ East 4th Street, requested that the
City join him on a State Department of Housing and Community
Development Application for a Predevelopment Loan to acquire a site
for rehabilitation of units, known as the Lakeview Square Project.
City Manager Kelmar stated Mr. Dean has been holding
discussions with members of the Community Development Department
and they have requested certain information from him that has not
been provided and until that information is received there would
be no point in referring this to a committee for study.
Mr. Dean stated he is prepared to submit that additional
information this evening.
Upon a motion by Councilman Strong, request that the City
join Mr. Dean on a State Department of Housing and Community
Development Application £or a Predevelopment Loan to acquire a site
for rehabilitation of units, known as the Lakeview Square Project,
was referred to the Budget Review and Finance Committee for study
and recommendation.
CORRRESPONDENCE
Upon a motion by Councilman Christensen, copy of com-
munication to the City Attorney from Kern River Riders, P.O. Box
96
Bakersfield, California, April 28, 1982 - Page 3
5142, dated April 20, 1982, regarding the City's liability along
the Kern River Equestrian Trails, was received and ordered placed
on file.
Councilman Barton made a motion that the communication
from Imports International, 1042 Ashby Avenue, Berkeley, California,
dated April 20, 1082, requesting a 4 to 6 month extension on the
effective date of Ordinance No. 2724 regarding recording sales of
Narcotic and Drug Paraphernalia, be received and placed on file.
Julie Frazzee, employed by Imports International, stated
she was present on behalf of her boss who was unable to attend and
requested the effective date of the Ordinance be extended so they
can liquidate their stock.
Councilman Barton's motion that the communication from
Imports International, 1042 Ashby Avenue, Berkeley, California,
dated April 20, 1982, requesting a 4 to 6 month extension on the
effective date of Ordinance No. 2724 regarding recording sales of
Narcotic and Drug Paraphernalia, be received and placed on file,
was unanimously approved.
Councilman Means made a motion that the communication from
Kern Farmers Market Association, P.O. Box 5232, Oildale, dated
April 23, 1982, requesting a contract renewal for lease of City
property located on 21st Street, between "M" and "N" Streets, for
a Farmers Market in Downtown
directed to draft a contract
meeting of May 12, 1982.
Bakersfield, be received and staff
for action by the Council at the
Councilman Barton asked if this is a potential site for
the Golden Empire Transit District transfer point and, if so,
would it create a problem.
Councilman Means amended his motion that the communication
from Kern Farmers Market Association requesting a contract renewal
for lease of City property located on 21st Street, between "M" and
"N" Streets, for a Farmers Market in Downtown Bakersfield, be
Bakers£ield, California, April 28, 1982 - Page 4
97
received and referred to the Voucher Approval Committee for study
and recommendation. This motion was unanimously approved.
COUNCIL STATEMENTS
Councilman Ratty announced that at the Council Meeting
of May 12, 1982, he will nominate Mr. David Milazzo, 2432 Spruce
Street, to fill a vacancy on the Planning Commission.
Councilman Rockoff announced that at the Council Meeting
o£ May 12, 1982, he will nominate Mr.
Street, No. 12a, to fill a vacancy on
Mayor Shell reported on her
field's Sister City, Wakayama, Japan.
Clarence Westra, 4200 Boise
the Planning Commission.
trip, last week, to Bakers-
Mayor Shell requested Council approval of her appointment
of Mr. R. Randall Richardson, 3108 Marnie Lane, to fill the vacancy
on the Redevelopment Agency created by the resignation of Dr. Glenn
Puder, term expiring February l, 1983. After discussion the
Council approved Mr. Richardson's appointment to the Redevelopment
Agency by the following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
Noes: None
Absent: None
Councilman Christensen read reports responding to his
inquiries from W. D. Higginbotham, Assistant City Manager-Finance,
regarding American Home Industry Corporation's lease of City property
located at 1612 "S" Street (old Corporation Yard); Paul Dow,
Assistant Public Works Director, regarding Automatic Side Loader
Refuse Trucks; and Calvin Bidwell, Building Director, regarding
Building Department activities.
~EPORTS
Councilman Payne, member of the Legislative Committee,
read Report No. 1-82 regarding Current Bills Pending Before the
State Legislature, as follows:
Bakersfield, California, April 28, 1982 - Page 5
On April 14, 1982, the Legislative Committee
met to consider a number of bills pending before
the State Legislature.
Senate Bill 500 changes current California Law
with respect to liability. Currently, even if
a party to an incident is found to be only ten
percent (10%) at fault, he can be forced to pay
the entire judgment if the other party does not
have adequate assets to meet the cost of the
judgment. Today's court decisions usually
result in large awards for noneconomic damages
(such as pain and suffering). This bill would
provide that a party that is less than forty
percent (40%) negligent cannot be liable for
the entire judgment for noneconomic damages.
This bill removes the penalty that currently
exists for those with either adequate insurance
coverage or the means to pay a judgment and
makes each party responsible to their degree
of fault. It is especially important to the
City since the City would have the means to pay
an entire judgment even though the degree of
fault was minimal.
Senate Bill 1700 prohibits pornography and
obscenity on cable television. Although
utilizing a statewide standard, it would pro-
vide some control over cable television
programming. The Committee believes that some
reasonable standards should be adopted for
cable television and recommends support of this
bill.
Assembly Bill 2577 allows off-track horse race
betting in California. Since the Bill pro-
hibits off-track betting facilities within
forty-five (45) miles of any horse racing
track, most of the major cities in California
would not be affected by this legislation.
But Bakersfield would be an area where off-
track betting facilities could be established.
The Bill has several failings, including no
ability for the local government agency to
either control or limit the establishment of
such facilities within its jurisdiction. The
Bill also provides that the State will collect
an annual $10,000.00 license fee, but the local
governmental entity gets nothing.
The Committee recommends that the City Council
adopt the following resolutions:
1. Resolution supporting Senate Bill 500 (tort
liability);
Resolution supporting Senate Bill 1700
(cable T.V. prohibition against pornography
and obscene matter); and
Resolution opposing Assembly Bill 2577
(off-track horse race betting).
Bakersfield, California, April 28, 1982 - Page 6
99
Upon a motion by Councilman Payne, Legislative Committee
Report No. 1-82 regarding Current Bills Pending Before the State
Legislature, was accepted.
Adoption of Resolution No. 42-82 of
the Council of the City of Bakers-
field supporting Sentate Bill 500.
Upon a motion by Councilman Payne, Resolution No. 42-82
of the Council of the City of Bakersfield supporting Senate Bill
500, was adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
Noes: None
Absent: None
Ayes:
Noes: None
Absent: None
Adoption of Resolution No. 43-82 of
the Council of the City of Bakers-
field supporting Senate Bill 1700.
Upon a motion by Councilman Payne, Resolution No. 43-82
of the Council of the City o£ Bakersfield supporting Senate Bill
1700, was adopted by the following roll call vote:
Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
Adoption of Resolution No. 44-82 of
the Council of the City of Bakers-
field opposing Assembly Bill 2577.
Upon a motion by Councilman Payne, Resolution No. 44-82
of the Council of the City of Bakersfield opposing Assembly Bill
2577, was adopted by the following roll call vote:
Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
Ayes:
Noes: None
Absent: None
Councilman Ratty,
Committee, read Report No.
ment, as follows:
Chairman of the Water and City Growth
5-82 regarding Board of Zoning Adjust-
100
Bakersfield, California, April 28, 1982 - Page 7
At the April 14, 1982, City Council Meeting,
the Council requested the Water and City Growth
Committee to review the authority of the Board
of Zoning Adjustment (BZA). The Bakersfield
Municipal Code provides in part that the BZA
shall have authority to grant, subject to
appeal to the City Council, the following:
A. Modification of waiver of:
1. Automobile parking space;
The height, yard and lot area regula-
tions as may be necessary to secure
an appropriate improvement on a lot
and
3. Fence, wall and hedge regulations.
B. Conditional Use Permits in accordance with
applicable provisions of Title 17.
After reviewing this section with the staff, the
Committee is recommending that Modifications and
Conditional Use Permits that may affect overall
City policy be granted only by the City Council.
After reviewing those areas that may be policy
oriented, the Water and City Growth Committee
determined that the following Modifications and
Conditional Use Permits should be granted only
by the City Council:
A. Modifications - height modifications in
Industrial and Commercial Zones.
B. Conditional Use Permits.
1. Airports or aircraft landing zones.
Cemeteries, columbariums, crematories,
and mausoleums.
Establishments or enterprises designed
or used for large assemblages of people
or automobiles, including amusement
parks, circuses, carnivals, expositions,
fairgrounds, open-air theaters, race
tracks, recreational and sports centers.
Large scale neighborhood housing projects
which have a minimum gross area of 20
acres.
The Water and City Growth Committee recommends
approval of this report and first reading of the
ordinances.
Upon a motion by Councilman Ratty, Water and City Growth
Committee Report No. 5-82 regarding Board of Zoning Adjustment,
was accepted.
Bakersfield, California, April 28, 1982 - Page 8
101
First reading of an Ordinance o~ the
Council of the City of Bakersfield
amending Section 17.64.030 A.2. of
and adding Section 17.64.085 to the
Bakersfield Municipal Code relative
to Modifications of Height Regulations
in Commercial and Industrial Zones.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.64.030 A.2.
of and adding Section 17.64.085 to the Bakersfield Municipal Code
relative to Modifications of Height Regulations in Commercial and
Industrial Zones.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Sections 17.66.010 B. and
17.66.020 of the Bakersfield Munici-
pal Code relative to Conditional Use
Permits.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Sections 17.66.010 B.
and 17.66.020 of the Bakersfield Municipal Code relative to
Conditional Use Permits.
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 5-82 regarding Site Plan
Review Ordinance and Resolution on Policies and Objective, as
follows:
An Ordinance amending Title 17 of the Bakers-
field Municipal Code by adding Chapter 17.53
relative to Site Plan Review was referred to
the Business Development and Parking Committee
for review and recommendation at the City
Council Meeting of April 14, 1982. The Com-
mittee met on April 21 with members of the
Planning Commission, the Zoning O~dinance
Review Advisory Committee and City staff to
discuss certain provisions of the ordinance.
Questions raised in the meeting were:
Are the City policies and standards appli-
cable to the Site Plan Review process
compiled and in a readily referenced form?
Is there a fee schedule to cover the cost
of processing Site Plan Applications?
Is the proposed method of posting notices
of decisions on Site Plan Applications
adequate?
102
Bakersfield, California, April 28, 1982 - Page 9
4. Is the length of time that an approved Site
Plan remains valid appropriate?
Does the Site Plan Review procedure take
into account the concerns which have
prompted the Planning Commission to impose
the D-Overlay provision on certain requests
for zone changes in the past?
Each of these questions were discussed by the
Committee and others in attendance. Based on
those discussions the following recommendations
are made.
Within the next thirty days, the Planning
Commission shall compile, adopt by
resolution, and present to the Council for
its review and approval of development
policies applicable to projects subject to
Site Plan Review.
Within the next thirty days, the involved
City Departments shall compile the develop-
ment standards adopted by the City Council
and/or Planning Commission not otherwise
contained in ordinances or laws, which
shall be used in the review of Site Plans.
This compilation shall be made available
to interested parties.
Codes, ordinances, laws and other applicable
regulations shall be listed by Title, which
shall be available for reference.
Staff shall provide the City Council with
a resolution establishing a cost-recovering
fee schedule for Site Plan Review process
within thirty days.
The ordinance of first reading contains a
requirement that Class A projects be re-
viewed at a noticed public hearing by the
Planning Commission. Notice of decision
regarding Class B projects shall be posted
in City Hall and sent to the applicant and
any interested person having requested
notice. No notice would be required on
Class C projects. The Committee recommends
that noticing requirements for Class A and
Class B projects remain the same. And,
that the City's practice of notifying the
applicant and any interested person, upon
request, be made a part of the ordinance.
4a.
The time period specified in the ordinance
during which approved Site Plans may be
implemented is reasonable but additional
provisions are recommended to ensure the
City's ability to enforce ordinances,
standards and requirements in effect when
the project is constructed (e.g. Building
Codes or other regulations which occasionally
change and are manditory).
Bakersfield, California, April 28, 1982 - Page l0
103
It is also recommended that a provision be
added that if a site is rezoned the approval
of Development Plans for the site also
terminates.
With respect to the Site Plan Review process
addressing concerns regarding development
in D-Zones there was no consensus. Lacking
an alternative at this time no recommenda-
tion is made.
RECOMMENDED ACTION:
Receive report and adopt the ordinance relative
to Site Plan Review. Also approve Planning
Commission Resolution regarding policies and
objectives for Site Plan Review process.
Respectfully submitted,
/s/Councilman James J. Barton
/s/Councilman Thomas A. Payne
Councilman Rockoff stated this review has taken care of
all his objections to the ordinance adding Chapter 17.53 relative
to Site Plan Review to the Municipal Code, except he would like
to add the following wording:
"In cases of Class B projects owners of adjacent
properties be notified that a Site Plan Review
is scheduled and allow said owners to request,
in writing, the decision of the Site Plan
Review Committee."
Adjacent properties should include properties separated
by streets, alleys or other rights-of-way. The way the ordinance
is written any interested party will get noticed. Generally, if
you own a piece of property you do not always know what is happening
to the adjacent property. You may be an interested party, but
without being noticed of what is going on you have no knowledge
to seek the report.
Assistant Planning Director Hardisty explained some of
the standards and policies that might be appealed and answered
questions of the Council.
After considerable discussion, upon a motion by Council-
man Ratty, Business Development and Parking Committee Report No.
5-82 regarding Site Plan Review Ordinance and Resolution on Policies
and Objective, was accepted; recommendations as outlined in the
1.04
Bakersfield, California, April 28, 1982 - Page ll
report, were approved; and Planning Commission Resolution regarding
policies and objectives for Site Plan Review process, was approved.
Councilman Rockoff voted in the negative on this motion,
Adoption of Ordinance No. 2734 New
Series of the Council of the City of
Bakersfield amending Title 17 of the
Bakersfield Municipal Code by adding
Chapter 17.53 relative to Site Plan
Review.
Upon a motion by Councilman Christensen, Ordinance No.
2734 New Series of the Council of the City of Bakersfield amending
Title 17 of the Bakersfield Municipal Code by adding Chapter 17.53
relative to Site Plan Review, was adopted by the following roll
call vote:
Ayes:
Councilmen Strong, Barton, Christensen, Means, Payne,
Ratty
Noes: Councilman Rockoff
Absent: None
City Manager Kelmar reported on a Redevelopment Policy
regarding Land Banking, as follows:
I feel it would be a fair statement to make
that the entire Council is very desirous of
seeing Downtown Bakersfield improved to give
us a Central City we can all be proud of. The
Redevelopment process at times has been a
controversial one among members of the Council
in particular as it relates to the use of
Eminent Domain to accomplish Redevelopment.
The use of this governmental power becomes
necessary under the Redevelopment process we
have been operating under, i.e., responding
to development requests to assemble land for
projects.
There is another option available to us which
in the past we have not utilized, which may
help to reduce Council's concerns over this
issue. It is called land banking. In essence,
it means the Redevelopment Agency would acquire
land as it becomes available in certain areas of
downtown with the intent of assembling enough
land to make a project feasible. The Agency
could then offer the land for development and
accept proposals from developers.
I feel it could be a very useful tool and give
us an added dimension to the Redevelopment
process. Land banking would represent another
tool we have not previously used, and this is
the reason I bring it before the Council. I
Bakersfield, California, April 28, 1982 - Page 12
1.05
think it would also be necessary for the Council
to establish guidelines as to when property
should be acquired as it doesn't make sense to
buy everything that is offered £or sale.
If the Council feels this idea has merit, you
may want to refer the matter to a Committee to
arrive at a set of guidelines for Council
approval.
Upon a motion by Councilman Means, the matter of Land
Banking was referred to the Budget Review and Finance Committee
for study and recommendation. Councilman Payne was absent when
this matter was voted on.
Director of Public Works Hawley
the Chester Avenue Underpass is almost at
contractor, James G. Francis, has gone as
reported that work on
a standstill. The
far as he can until the
railroad company relocates its tracks onto the newly constructed
bridge and removes the detour tracks. The City and contract'or
notified Southern Pacific, in writing last December, that the
project would be ready in March, 1982, for the necessary railroad
work in accordance with the agreement with them. Early in March
the date for commencement was established as March 22, 1982. As
of today, after repeated attempts to obtain a schedule as to when
Southern Pacific will commence work, this has been unsuccessful.
A letter was written to Mr. Berkshire, Assistant Vice-President of
Southern Pacific Transportation Company, San Francisco, indicating
that the continual delay by their company results in a substantial
cost and inconvenience to the City.
Councilman Means stated legal action on this matter
should be discussed in the Executive Session, which has been called
at the end of tonight's agenda.
City Manager Kelmar suggested that the Council and Mayor
write a letter to the railroad pointing out the problem and urging
them to get this work completed.
Councilman Ratty stated he felt something stronger should
be done at this time because of the economic loss to the businesses
in that area.
Bakersfield, California, April 28, 1982 - Page 13
The
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
(k)
CONSENT CALENDAR
following items were listed on the Consent
Allowance of Claims Nos. 5588 to 5919,
inclusive, in the amount of $954,258.61.
Claim for Damages from Harry K. Means,
3104 Nelson Street, Bakersfield. (Refer
to City Attorney)
Claim for Damages from Manuel Osuna-
Castillo, c/o Attorney's Office, 331
Truxtun Avenue, Bakersfield. (Refer to
City Attorney)
Claim for Damages and Personal Injuries
from Geraldine Irene Pierucci, 712 South
Washington, Bakersfield. (Refer to City
Attorney)
Claim for Damages from Juanita E. Harmon,
4044 - 45th Street #4, San Diego,
California. (Refer to City Attorney)
Street Right-of-Way Deed and Storm Drain
Easement from E-Z-8 Motels, Inc., pro-
viding additional right-of-way for River-
side Drive and storm drain easement from
Riverside Drive to the Kern River across
E-Z-8 Motel's property, as required by
the Planning Commission, located north of
24th Street and east of Pierce Road.
Street Right-of-Way Deed from John and
Deborah Rodrigues for north side of
Fairview Avenue approximately 600 feet
east of Hughes Lane.
Sewer Line Easements from M.T.L. Develop-
ment Company, 4226 Limited-M.T.L. Develop-
ment Company and H-Bar Development Company,
Inc., for construction of portions of
sewer and storm drain systems within the
Fairview Public Improvement District.
Map of Tract No. 4242, Unit 1, and Improve-
ment Agreement with Barratt Northern
California, Inc., for construction of
improvements therein, located north of
Fairview Road, west of Monitor Street.
Map of Tract No. 4403 and Improvement
Agreement with Golden Empire Development
Company for construction of improvements
therein, located on the west side of South
"H" Street, between Maurice Avenue and
William F. Halsey Avenue.
Map of Tract No. 4416 and Improvement
Agreement with PSB Development, Inc.,
for construction of improvements therein,
located at southwest corner of Ashe Road
and South Half Moon Drive.
Calendar:
Bakers£ield, California, April 28, 1982 - Page 14
t07
(d),
(e) ,
(1)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
Upon
(f),
Map of Tract No. 4524 and Improvement
Agreement with Klassen Development for
construction of improvements therein,
located on the northeast corner of New
Stine Road and Gorham Way.
Notices of Completion and Acceptance of
Work on:
Wilson Road resurfacing, Hughes Lane to
Castro Lane, Contract No. 82-23 with
Granite Construction Company.
Resurfacing portions of Fjord Street,
Stine Road, Real Road and South Chester
Avenue, Contract No. 82-25 with Granite
Construction Company.
Application for Encroachment Permit from
Keith D. Thompson, 45 Myrtle Street, for
construction of a masonry column and
wrought iron fence behind sidewalk area
at 45 Myrtle Street.
Application for Encroachment Permit from
Terry Delamater, 2700 "H" Street, for
construction of two 4 foot square planters
for street trees in sidewalk area adjacent
to curb on 27th Street, east of "H" Street.
Application for Encroachment Permit from
Frank Valente, 7709 Saddleback Drive, for
construction of chain link fence at end
of equestrian easement on Truxtun Avenue
80 feet + east of Qualridge Road.
Application for Encroachment Permit from
Arrow Advertising Company, Inc., l101
18th Street, for construction of four
planters for trees with automatic irri-
gation system on west side of "N" Street,
south of 18th Street.
Plans and Specifications for Training
Classroom at Main Fire Station, located
at southeast corner of 22nd and "G"
Streets.
Plans and Specifications for curb and
gutter construction in the Lowell Addition,
Phase III, Community Development Project,
bounded by 4th Street, Brundage Lane,
Chester Avenue and "V" Street.
Correspondence from Kern County Public
Works Department regarding Methane Gas
Recovery Project. (Refer to Budget
Review and Finance Committee)
a motion by Councilman Means, Items (a), (b),
(g), (h), (i), (j), (k), (1), (m), (n), (o),
(c) ,
(P),
Bakersfield, Cali£ornia, April 28, 1982 - Page 15
(q), (r), (s), and (t of the Consent Calendar, were adopted by
the following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means,
Ratty
Noes: None
Absent: Councilman Payne
ACTION ON BIDS
Upon a motion by Councilman Barton, low bid of Halprin
Supply, in the amount of $8,601.90, for self-contained breathing
apparatus and bottles for the Fire Department, was accepted and all
other bids rejected.
Upon a motion by Councilman Means, bid of Jim Burke Ford,
in the amount of $10,759,00, for half-ton pickup truck with service
body for the Public Works Department (Electrical), was accepted.
Upon a motion by Councilman Rockoff, low bid of Granite
Construction for Base Bid and Alternate A, in the amount of
$77,132.35, for resurfacing Auburn Street between Oswell Street
and La Costa Street, was accepted, all other bids rejected and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Strong, low bid of Jim Burke
Ford, in the amount of $10,123.00, for a mid-size sedan for the
City Manager, was accepted and the other bid rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 2735 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield located on
the southeast corner of Truxtun
Avenue and Coffee Road.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject property
from an "A" (Agricultural) Zone to a C-1 (Limited Commercial) Zone.
The Planning Commission recommended approval of this
amendment.
Bakersfield, California, April 28, 1982 - Page 16
109
Upon a motion by Councilman Strong, Negative Declaration
and Ordinance No. 2735 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
on the southeast corner of Truxtun Avenue and Coffee Road, finding
the General Plan, were adopted by the
said zoning consistent with
following roll call vote:
Councilmen Rockoff,
Ratty
Ayes:
Noes:
Absent:
Strong, Barton, Christensen, Means,
None
Councilman Payne
Adoption of Ordinance No. 2736 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield located on
the northeast corner of "Q" Street
and 40th Street.
The application for this amendment was made by Terry L.
Moreland and would change subject property from an R-3-D (Limited
Multiple Family Dwelling - Architectural Design) Zone to a C-O
(Commercial and Professional Office) Zone.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Strong, Negative Declaration
and Ordinance No. 2736 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
on the northeast corner of "Q" Street and 40th Street, finding said
zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means,
Ratty
Noes: None
Absent: Councilman Payne
110
Bakersfield, California, April 28, 1982 - Page 17
Deferral of action on an Ordinance
amending Title Seventeen of the
Municipal Code of the City of Bakers-
field by changing the Land Use Zoning
of that certain property in the City
of Bakersfield located on the south
side of Truxtun Avenue, west of
Mohawk Street.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject property
from an R-1 (One Family Dwelling) Zone to a C-O (Commercial and
Professional Office) Zone.
amendment.
The Planning Commission recommended approval of this
In answer to a question by Councilman Means, Director
of Fire and Development Services Needham stated, when this area was
originally requested to be changed it became an item of concern
and was held from the General Plan process for sometime. It has
now gone through that process and was passed by the Planning Com-
mission and City Council. This request for zoning is simply
putting it in conformance with the General Plan.
Councilman Means stated the original proposal for this
area was open space.
Director of Fire and Development Services Needham stated:~
the area adjacent to the river was under study and this was not
zoned because it was part of that study. Due to the fact Truxtun
Avenue physically broke this area off from the river corridor this
proposal was not subjected to the study. Therefore, it was sub-
jected to the General Plan process.
Councilman Means made a motion to deny the Negative
Declaration and Ordinance amending Title Seventeen of the Municipal
Code of the City of Bakersfield by changing the Land Use Zoning of
that certain property in the City of Bakersfield located on the
south side of Truxtun Avenue, west of Mohawk Street, finding said
zoning inconsistent with the General Plan.
Bakersfield, California, April 28, 1982 - Page 18
111
Councilman Ratty offered a substitute motion that action
on the Negative Declaration and Ordinance amending Title Seventeen
of the Municipal Code of the City of Bakersfield by changing the
Land Use Zoning of that certain property in the City of Bakersfield
located on the south side of Truxtun Avenue, west of Mohawk Street
finding said zoning consistent with the General Plan, be deferred
until the Council Meeting of May 12, 1982. This motion was
unanimously approved.
Deferral of action on an Ordinance
amending Title Seventeen of the
Municipal Code of the City of Bakers-
field by changing the Land Use Zoning
of that certain property in the City
of Bakersfield located on the south
side of Truxtun Avenue, east of
Mohawk Street.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject property
from an R-1 (One Family Dwelling) Zone to an M-1 (Light Manufacturing)
Zone.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Means, action on the NegativE.
Declaration and Ordinance amending Title Seventeen of the Municipal
Code of the City of Bakersfield by changing the Land Use Zoning of
that certain property in the City of Bakersfield located on the
south side of Truxtun Avenue, east of Mohawk Street, finding said
zoning consistent with the General Plan, was deferred until the
Council Meeting of May 12, 1982.
Adoption of Ordinance No. 2737 New
Series of the Council of the City of
Bakersfield adding Chapter 3.50 to
Title 3 of the Bakersfield Municipal
Code providing for the City of
Bakersfield Economic Development
Revenue Bond Law authorizing the
issuance of Revenue Bonds for the
purpose of providing financing to
participating parties for economic
development purposes and including
definitions, general provisions,
powers, issuance procedures and
certain other supplemental provisions.
112
Bakersfield, California, April 28, 1982 - Page 19
Upon a motion by Councilman Strong, Ordinance No. 2737
New Series of the Council of th~ City of Bakersfield adding Chapter
3.50 to Title 3 of the Bakersfield Municipal Code providing for the
City of Bakersfield Economic Development Revenue Bond Law authorizing
the issuance of Revenue Bonds for the purpose of providing financing
to participating parties for economic development purposes and
including definitions, general provisions, powers, issuance pro-
cedures and certain other supplemental provisions, was adopted by
the following roll call vote:
Ayes
Noes
Absent:
Councilmen Rockoff, Strong, Barton, Christensen, Means,
Ratty
None
Councilman Payne
Approval of request to declare City
owned property located at the south-
west corner of Adanac Court and York
Way as surplus.
This property is zoned R-1 and prior to construction of
the Alum Avenue Storm Drain it was used as a drainage sump. Since
completion of the storm drain, water has been diverted to the
Akers Drainfield and this sump is no longer needed. The Planning
Commission reviewed the request and determined that the proposal
to sell the property is consistent with the General Plan.
Action on this item was deferred from the Council Meeting
of Apri~ 14, 1982, in order to allow time for the City Attorney to
investigate laws regarding deed restrictions.
April 23, 1982
TO:
FROM:
SUBJECT:
Honorable Mayor & Members of City Council
Richard J. Oberholzer, City Attorney
Restrictions on Sale of Surplus Property
At the regular City Council Meeting of April 14,
1982, Councilman Rockoff requested that the
City include a deed restriction in the sale
of real property located at the southwest
corner of Adanac Court and York Way and at the
southwest corner of University Avenue and
La Costa Street. The deed restriction is to
provide that the property may be used for
residential purposes only. Councilman Rockoff
Bakersfield, California, April 28, 1982 - Page 20
stated that the reason for such a restriction
was to prevent a successful bidder from re-
zoning the property and then selling it at
what couldJbe a considerable profit. Council-
man Rockoff did not state whether he intended
the restriction to run in perpetuity.
As a general proposition, a restrictive covenant
can prevent a use that a zoning ordinance would
permit. However, this general proposition is
applicable to restrictive covenants that are
entered into by private individuals. When a
City is involved in placing the restriction on
the property through a covenant, some courts
may invalidate such a covenant as being what
is termed, in some jurisdictions, to be "contract
zoning." Since the City, as a legislative body,
has the power and authority to zone, there is
little effect to placing a zoning restriction
on the property. The City Council cannot in-
fringe upon the reasonable exercise by a future
legislative body of its powers to zone, unless
such action is necessary to promote the public
safety, health and/or welfare.
In the matter before the City Council, to impose
a restriction on future use, i.e., residential
use, effectively imposes a permanent zone on the
property. It is the legal opinion of this
office that such a restriction would be declared
invalid by the court. The property is, of course,
presently residential, and the City is under no
obligation to rezone the property. Consequently,
Councilman Rockoff's concerns can be alleviated
since the City Council can assure that the
property will not be rezoned resulting in an
inordinate windfall to the purchasers.
Upon a motion by Councilman Christensen, request to
declare City owned property located at the southwest corner of
Adanac Court and York Way, as surplus, was approved and the Finance
Operations Manager was authorized to sell at the highest bid above
the appraised value.
Approval of request to declare City
owned property located at the south-
west corner of University Avenue and
La Costa Street as surplus.
This property is zoned R-1 and a portion of the 15.9 +
acre parcel originally purchased with the University Park Site.
At the time the City acquired the property it was recommended that
an average size neighborhood park be developed and that the excess
be sold. Presently 12.7 acres is being used by the park, drainage
basin and roadways. Therefore, the staff recommends disposing of
Bakersfield, California, April 28, 1982 - Page 21
the remaining 3.2 acres. The Planning Commission reviewed the
request and determined that the proposal to sell the property is
consistent with the General Plan.
Action on this item was deferred from the Council Meeting
of April 14, 1982, in order to allow time for the City Attorney to
investigate laws regarding deed restrictions. (Re£er to the
memorandum from the City Attorney .set out in the minutes on the
item just prior to this item.)
Upon a motion by Councilman Christensen, request to
declare City owned property located at the southwest corner of
University Avenue and La Costa Street, as surplus, was approved
and the Finance Operations Manager was authorized to sell at the
highest bid above the appraised value.
NEW BUSINESS
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
zoning that certain property in the
City of Bakersfield located at the
southwest corner of McCutchen Road
and Ashe Road.
The application for this amendment was initiated by the
Planning Commission to zone subject property to an "A" (Agricultur~l),
or more restrictive Zone.
The Planning Commission recommended approval.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
zoning that certain property in the City of Bakersfield located at
the southwest corner of McCutchen Road and Ashe Road.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located at the northwest
corner of Mt. Vernon Avenue and
Brundage Lane and that portion lying
east of Mt. Vernon Avenue on the
south side of Brundage Lane.
Bakersfield, California, April 28, 1982 - Page 22
1.15
The application for this amendment was initiated by the
Planning Commission and would change subject properties from an
R-1 (One Family Dwelling) and A-W (Agricultural - Oil Well) Zones
to an M-2 (General Manufacturing), or more restrictive Zone.
The Planning Commission recommended approval of this
amendment.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of that certain property in the City
of Bakersfield located at the northwest corner of Mt. Vernon Avenue
and Brundage Lane and that portion lying east of Mr. Vernon Avenue
on the south side of Brundage Lane.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Title
17 of the Municipal Code changing
the Land Use Zoning of that certain
property in the City of Bakersfield
commonly known as 4821 Ming Avenue,
approving the Preliminary Development
Plan and making findings in connection
with P.C.D. Zone.
The application for this amendment was made by Glendale
Bonny and would change subject property from an R-1-CH (One Family
Dwelling - Church) Zone to a P.C.D. (Planned Commercial Develop-
ment) Zone, consisting of a financial and professional office
complex.
The Planning Commission recommended approval of this
amendment.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.06.020 of
Title 17 of the Municipal Code changing the Land Use Zoning of
that certain property in the City of Bakersfield commonly known as
4821 Ming Avenue, approving the Preliminary Development Plan and
making findings in connection with P.C.D. Zone.
Bakersfield, California, April 28, 1982 - Page 23
Adoption of Resolution No. 45-82 of
the Council of the City of Bakers-
field establishing a Redevelopment
Advisory Committee.
This resolution repeals previous Resolution No. 24-82,
establishing the Redevelopment Advisory Committee and establishes
a new Advisory Committee consisting of four members instead o£
three. This item was placed on the agenda at the request of
Councilman Barton.
Councilman Barton read the following memorandum regarding
the Redevelopment Agency Advisory Committee:
April 26, 1982
TO:
FROM:
SUBJECT:
Honorable Mayor & Members of the Council
James J. Barton, Councilman & Vice-Mayor
Redevelopment Agency Advisory Committee
Pursuant to the Resolution adopting the Redevelop-
ment Agency Advisory Committee, I would like the
City Council to consider the following four (4)
persons for appointment to the Committee: Vince
Casper, Bob Watson, Bob Eddy and Ray Dezember.
These four (4) individuals represent the retail
business field, the real estate development
field, the financial field and the architectural
field. They were each selected to give the
Committee a cross section of those disciplines
upon which a redevelopment project would have
the greatest impact. All four (4) of these
individuals are leaders in our community and
would be an asset to the Committee established
by the City Council.
Upon a motion by Councilman Barton, Resolution No. 45-82
of the Council of the City of Bakersfield establishing a Redevelop--
ment Advisory Committee, was adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
Noes: None
Absent: None
Upon a motion by Councilman Barton, Vincent Casper,
representing the retail business field, Bob Watson, representing
the real estate development field, Bob Eddy, representing the
architectural field, and Ray Dezember, representing the financial
field, were appointed to the Redevelopment Advisory Committee.
Bakersfield, California, April 28, 1982 - Page 24
I17
Adoption of Resolution No. 46-82 of
the Council of the City of Bakers-
field expanding the boundaries of
the extended area for In-Lieu
Parking Fees.
Pursuant to the Disposition and Development Agreement
for the Convention Center Hotel, this resolution extends the
boundaries for In-Lieu Parking Fees for the extended area to include
the hotel site.
Upon a motion by Councilman Barton, Resolution No. 46-82
of the Council of the City of Bakersfield expanding the boundaries
of the extended area for In-Lieu Parking Fees, was adopted by the
following roll call vote:
Councilmen Rockoff,
Ratty
Ayes:
Noes:
Absent:
Strong, Barton, Christensen, Means,
None
Councilman Payne
Adoption of Resolution No. 47-82 of
the Council of the City of Bakers-
field authorizing the City Attorney
to settle Claims Against the City in
amounts not exceeding Twenty Thousand
Dollars ($20,000).
Assembly Bill 1974, effective January l, 1982, provides
that employees of a public entity may be given authority to settle
any claims, not exceeding $20,000, only after authorization by
resolution of the legislative body. Under the City's Self-Insurance
Program the Attorney's Office is charged with the responsibility of
processing and defending Claims. This resolution gives the Attorney's
Office authority, pursuant to State Law, to settle Claims not
exceeding $20,000, Without the necessity of further Council action.
Upon a motion by Councilman Barton, Resolution No. 47-82
of the Council of the City of Bakersfield authorizing the City
Attorney to settle Claims Against
Twenty Thousand Dollars ($20,000),
call vote:
Ayes: Councilmen Rockoff, Strong,
Ratty
Noes: None
the City in amounts not exceeding
was adopted by the following roll
Barton, Christensen, Means,
Absent: Councilman Payne
Bakersfield, California, April 28, 1982 - Page 25
Referral of Planning Commission Policy
concerning Density Bonus as required
by State Law.
State Law provides for a Density Bonus of 25%, or other
incentives which meet the housing needs of low- or moderate-income
families.
In answer to a question by Councilman Christensen,
Assistant Planning Director Hardisty stated, State Law requires
that when someone offers to construct housing for persons of low
or moderate income that the City must either grant a bonus of 25%
more units than would normally be allowed under the zoning or they
must participate or grant two other types of incentives to the
person constructing those type of homes. Other incentives may
include waiver of standards for development or the City provide
curbs, gutters, sidewalks and paving instead of the developer. It
is not an optional type thing other than the type of item the Council
wants to grant. The Planning Commission's impression is that the
City's policy should not get involved in financial projects of
this sort. The Planning Commission advises the Council to go towa:~d
Density Bonus, rather than the other types of incentives.
In answer to a question by Councilman Means, Assistant
Planning Director Hardisty stated the Planning Commission recom-
mended that the commitment to this be for five years. If the
property were developed and homes sold, that the initial sale to
the home be to a qualified low or moderate income person. There-
after, sales would not be restricted. However, if the units were
developed for rental purposes then the specified units would have
to be retained for rent to a low or moderate income person for
five years. If sale were to occur before the five year period is
up, then it would have to be made to a low or moderate income
person.
After further discussion, upon a motion by Councilman
Means, Planning Commission Policy concerning Density Bonus as
required by State Law, was referred to the Budget Review and Finance
Committee for study and recommendation.
Bakersfield, California, April 28, 1982 - Page 26
119
Approval of request from Public Works
Department to retain surplus equip-
ment Front Loading Dump Truck
(Vehicle No. 4165).
The City presently has one front loading dump truck in
service and due to the additional streets to be maintained and
the Annual Leaf Collection Program, it would be desirable to use a
second dump truck. The Public Works Department is requesting
Council approval for the retention of a front loading dump truck,
which has been designated as surplus. This vehicle is seven years
old, but would adequately serve the needs of the Street Maintenance
Section for several years, if used on a stand-by basis. The
Equipment Superintendent recommended approval of the request.
Upon a motion by Councilman Rockoff, request from the
Public Works Department to retain surplus equipemnt - Front Loading
Dump Truck (Vehicle No. 4165), was approved.
Approval of Agricultural Water Enter-
prise Operating and Capital Outlay
Budget and Water Price Schedule for
Fiscal Year 1982-83.
Prices for the Kern River water reflect current above-
normal water supply conditions forecasted for the Kern and would
promote maximum use of surface water for irrigation. These items
were approved and recommended by the Water Board on April 21, 1982.
Upon a motion by Councilman Barton, Agricultural Water
Enterprise Operating and Capital Outlay Budget and Water Price
Schedule for Fiscal Year 1982-83, were approved. Councilman Means
voted in the negative on this motion.
Approval of Agreement between the
City of Bakersfield, North Kern Water
Storage District and Improvement
District No. 4 setting forth the
terms and conditional for use of the
Calloway Canal by Improvement District
No. 4.
This agreement will allow Improvement District No. 4 to
transport Kern River water to their treatment plant and spreading
areas and was recommended by the Water Board on April 21, 1982.
120
Bakersfield, California, April 28, 1982 - Page 27
Upon a motion by Councilman Barton, Agreement between
the City of Bakersfield, North Kern Water Storage District and
Improvement District No. 4 setting forth the terms and conditions
for use of the Calloway Canal by Improvement District No. 4, was
approved and the Mayor was authorized to execute same.
Approval of Amendment to Agreement
No. 82-10 (Conditional Zoning)
between the City of Bakersfield and
Vons Realty Company extending time
for completion of improvements at
Wilson and Real Roads required in
connection with a rezoning.
This agreement extends the time from May 1, 1982 to Augu;st
for completion of improvements at Wilson and Real Roads
gutters and street paving). The extension is required as
1, 1982,
(curbs,
a result of P. G. & E.'s schedule for relocation of a power pole,
which must be moved before work can be finished.
Upon a motion by Councilman Rockoff, Amendment to Agree-
ment No. 82-10 (Conditional Zoning), between the City of Bakersfield
and Vons Realty Company extending time for completion of improvements
at Wilson and Real Roads required in connection with a rezoning,
was approved and the Mayor was authorized to execute same.
Approval of Amendment to Agreement
between the City of Bakersfield and
Security Transport for transportation
of prisoners.
The proposed amendment will result in an average cost
increase of $60.75 per trip (present cost $227.25 - proposed cost
$288.00), as analyzed by the Police Department's Business Manager.
However, the increase remains more cost efficient than utilizing
department personnel to transport prisoners (department cost
$324.70).
Upon a motion by Councilman Barton, Amendment to Agree-
ment between the City of Bakersfield and Security Transport for
transportation of prisoners, was approved and the Mayor was
authorized to execute same.
Bakersfield, California, April 28, 1982 - Page 28
19t
Authorization granted to advertise
for purchase of two Street Sweepers.
The Public Works Department has two street sweepers that
will be fully depreciated by October and November, 1982, and are
scheduled to be replaced in the 1982-83 fiscal year. These street
sweepers are in poor condition and need major repairs to the engine,
drive train components and suspension. Due to the long delivery
period, the Equipment Maintenance
the Finance Operations Manager be
request for bid proposals at this
Superintendent recommends that
authorized to proceed with the
time in order that the units can
be purchased as soon as the 1982-83 budget is approved. The
estimated cost of the equipment is $170,000.
Upon a motion by Councilman Rockoff, the Finance Operations
Manager was granted authorization to advertise for purchase of two
Street Sweepers.
EXECUTIVE SESSION
The Council recessed to an Executive Session to discuss
possible litigation and labor negotiations at 10:20 P.M.
The regular meeting was reconvened at 11:32 P.M.
Upon a motion by Councilman Ratty, the City Attorney was
directed to take appropriate action to insure that Southern Pacific
Transportation Company complies with the terms of the Agreement
with respect to the Separation of Grade District Project on Cheste~.~
Avenue and the Mayor and City Attorney were authorized to contact
the appropriate officers of Southern Pacific Transportation Company
to advise them of the City's concern over their apparent failure
to comply with the terms of the Agreement.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 11:35 P.M. O~ .~~a~ersfi~
MAY ty o~ if.
ATTES~ ~
CITY CLERK ind E~ Officio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, May 12, 1982
Minutes of a regular meeting of the Council of
of Bakersfield, California, held in the Council Chambers
Hall at 8:00 P.M., May 12, 1982.
The meeting was called to order by Mayor Shell,
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
the City
of City
followed
of April 21 and 28,
27, 1982, were approved as
Present: Mayor Shell. Councilmen Strong, Barton, Christensen,
Means, Payne, Ratty, Rockoff
Absent: None
Minutes of the regular meetings
public hearing of April
and joint
presented.
1982,
SCHEDULED PUBLIC STATEMENTS
Bettie Wells, Chairman o£ the Mayor's Beautificatio~.
Charisse Carpenter 1st Grade
2nd Place
Frederick Tapa
Eric McCray
4th Grade
1st Place
2nd Grade
Nichols School
Mr. Leo Whitecotton, President and Director of the
Artisan's Guild, requested that the 90-day limit for advance
reservations of City Parks be changed to 120-day limit, because of
the problems it causes with insurance, out-of-town reservations,
publications, etc.
Upon a motion by Councilman Ratty, the matter of changing
the 90-day limit for advance reservations of City Parks to 120-days,
was referred to the Auditorium-Recreation Committee for study and
recommendation.
Hort School
Munsey School
Munsey School
Nichols School
Hort School
Patrick Cortez
Rachelle Toft
Teyanna Nerida
3rd Place
4th Grade
3rd Grade
3rd Grade
Mrs.
Committee, presented awards to six students who participated in the
"Beautiful Places in Bakersfield" Poster Contest for grades 1
through 4 of the Bakersfield City School District, as follows:
Honorable Mention
Bakersfield, Cali£ornia, May 12, 1982 - Page 2
123
Mrs. Phyllis Beene, 4409 Marella Way, requested that
they be allowed to keep a 9 year old Female Weeping-Willow Tree
in their front yard. They have been notified by the Public Works
Department that the tree is illegal. Mrs. Beene requested that
the section of the Municipal Code prohibiting Female Weeping-Willow
Trees be rescinded.
Mrs. Sophia Clerico, 4409 Hillsborough Drive, stated
Mrs. Beene's tree is beautiful and an asset to the neighborhood,
and requested that the ordinance be changed because there are other
plants and trees that are dangerous that are not included in the
illegal list.
Mr. W. C. Robertson, 351 East Roberts Lane, stated the
City is the largest owner of Willow Trees in the County, because
two-thirds of the vegetation along the Kern River is Willow Trees.
In answer to a question by Councilman Means, City Attorney
Oberholzer stated the Council would have to adopt an Emergency
Ordinance deleting the Female Weeping-Willow Tree from the list of
prohibited trees or the Municipal Code will have to be enforced by
the staff.
Adoption of Emergency Ordinance No.
2738 New Series of the Council of
the City of Bakersfield amending
Section 12.40.110 of the Bakers-
field Municipal Code relative to
prohibiting certain trees within
the City.
Upon a motion by Councilman Means, Emergency Ordinance
No. 2738 New Series of the Council of the City of Bakersfield
amending Section 12.40.110 of the Bakersfield Municipal Code
to prohibiting certain trees within the City, was adopted by the
following roll
Ayes:
call vote:
Councilmen Strong, Barton,
Ratty, Rockoff
Christensen, Means, Payne,
None
None
Mayor Shell declared a brief recess at 8:30 P.M. and
Noes:
Absent:
relative
reconvened the meeting at 8:32 P.M.
Bakersfield, California, May 12, 1982 - Page 3
Mr. Hurshell Brown, 2708 Houchin Road, presented a
petition, containing 86 signatures of residents and business
people, in opposition to the reopening of the Sandpiper Bar, 1721
Wilson Road (Benton Park Shopping Center). Mr. Brown outlined
some of the problems this bar has caused to the surrounding
residents and businesses.
City Attorney Oberholzer stated the City does not issue
the license for sale of alcoholic beverages. It is issued by the
State Alcoholic Beverage Control Board. The bar is a permitted
use within the C-2 Zone, where this particular establishment is
located. The City has no jurisdiction, however, a protest can be
filed with the A.B.C., if there is just cause.
Police Chief Price stated their records were researched
and they could only find one incident with the Sandpiper Bar. If
the Sandpiper Bar was not the victim, the incident would be filed
under the victims name and there is no way that can be researched.
There is no way the Police Department can furnish the number of
incidents at the Sandpiper Bar, unless they were registered under
the Bar's name.
Councilman Barton made a motion that the petition from
Mr. Brown opposing the reopening of the Sandpiper Bar be received
and a letter, along with the peition, be sent to the A.B.C. advising
them of the Council's opposition to the reopening of the Bar.
Councilman Strong suggested the letter be written to the
A.B.C. indicating that Mr. Brown appeared before the Council with
a petition, and request that the Council and City Attorney be notifi,~d
of the hearing on the Sandpiper Bar or any solution they might have
for this situation prior to making a formal determination.
Mayor Shell requested that Mr. Brown submit the original
petition to the City Clerk's Office.
Councilman Strong offered a substitute motion that the
letter be written to the A.B.C., as suggested by Councilman Barton,
Bakers£ield, California, May 12, 1982 - Page 4
125
taking no position, but with the understanding that Mr. Brown
appeared before the Council and made his concerns known, and the
Council is concerned about the problems that may arise and would
like to be notified of their hearing on the matter. This motion
failed to carry by the following roll call vote:
Ayes: Councilmen Strong, Christensen, Rockoff
Noes: Councilmen Barton, Means, Payne, Ratty
Absent: None
Councilman Barton's motion that the petition from Mr.
Brown opposing the reopening of the Sandpiper Bar be received and
a letter, along with the petition, be sent te the A.B.C. advising
them of the Council's opposition to the reopening of the Bar, was
approved. Councilman Rockoff voted in the negative on this motion.
Mr. Frank Hinmon, representing Boy Scout Troop 133,
requested a 2 to 3 weeks extension of time to obtain a Fireworks
Stand Permit. The property where their stand has been located in
the past has been sold and it will take an additional 2 or 3 weeks
to obtain the new owners permission.
Upon a motion by Councilman Rockoff, a 3 weeks extension
of time for obtaining a Fireworks Stand Permit, was granted to Boy
Scout Troop 133.
Mr. Mitchell Van Wyk, Kern County Property Management
Department, stated the County has recently learned the City initiated
an invitation to bid on City owned property located at 1611 "S"
Street (corner of 16th and "R" Streets). The County is very
interested in leasing this property for a maintenance and off-street
parking area for County vehciles. The County Maintenance Facility
is located across the street from this property and leasing the
City's property would save many manhours. It is being requested
that the City withdraw this property from the bid process in order
to allow the County of Kern the opportunity to negotiate a lease
agreement with the City.
Bakersfield, California, May 12, 1982 - Page 5
Upon a motion by Councilman Barton, City owned property
located at 1611 "S" Street, was withdrawn from the bid process and
referred to the Intergovernmental Relations Committee for negotia-
tion with the County of Kern.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
Sheryl Barbich, Chairman of the ZORAC Committee, dated April 29,
1982, recommending that David Milazzo be appointed to fill a vacancy
on the Planning Commission, was received and ordered placed on file.
Upon a motion by Councilman Christensen, communication
from Thomas C. Fallgatter, dated April 30, 1982, submitting his
resignation from the Planning Commission, effective immediately,
was received, resignation accepted and the Mayor was requested to
send a letter of appreciation for his service to the City of Bakers-
field.
Upon a motion by Councilman Means, communication from
Bakersfield Center for Independent Living, Inc., 519 East California
Avenue, dated May 6, 1982, thanking the Mayor and Council for
allowing them to run the "Bakersfield Mile" on May l, 1982, was
received and ordered placed on file.
Upon a motion by Councilman Strong, communication from
Carola G. Rupert, Director of the Kern County Museum, dated May 7,
1982, expressing support for an ordinance designed to foster the
continued use of Bakersfield's historic structures, was received
and ordered placed on file.
Upon a motion by Councilman Strong, communication from
South Valley Homes, Inc., P.O. Box 10196, Bakersfield, dated May
ll, 1982, regarding Parking Lot at 20th and "L" Streets, was
received and referred to the appropriate committee.
Upon a motion by Councilman Ratty, communication from
Mr. and Mrs. Phil Krauter, 3505 Candlewood Drive, Bakersfield, dated
May 10, 1982, objecting to the way Gardeners use blowers to blow
Bakersfield, California, May 12, 1982 - Page 6
127
trash into the streets and do not clean it up and requesting that
an ordinance be adopted to have all cars off the street one day a
week so they can be swept properly, was received and referred to the
Public Works Department.
COUNCIL STATEMENTS
Councilman Means stated the residents of the Amberton
Area have requested a park and he feels a solution to this problem
is very close. Councilman Means made a motion that Councilmen
Rockoff, Payne and Means form an Ad Hoc Committee to meet with
Tenneco Realty Development Corporation and staff to study the matter
of a park in the Amberton Area and come back to the Council with a
recommendation at the meeting of May 26, 1982. This motion was
unanimously approved.
Upon a motion by Councilman Ratty, David Y. Milazzo,
2432 Spruce Street, was appointed to fill a vacancy on the Planning
Commission, term expiring April 17, 1986. This vacancy was created
by the expiration of Gerald Van Horn's term.
Councilman Rockoff made a motion to appoint Mr. Clarence
Westra, 4200 Boise Street, No. 12a, to fill a vacancy on the
Planning Commission. This vacancy was created by the expiration of
Mary Prewett's term.
Councilman Christensen stated he feels Mr. Westra's
appointment to the Planning Commission will be very difficult
because he is a very good friend of City Attorney Oberholzer. This
will place a heavy burden on both parties and he will have to
abstain from voting on this appointment.
Councilman Rockoff's motion to appoint Mr. Clarence
Westra, 4200 Boise Street, No. 12a, to fill a vacancy on the
Planning Commission, term expiring April 17, 1986, was approved by
the following roll call vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Strong,
Councilman Means
None
Barton, Payne, Ratty, Rockoff
Councilman Christensen
Bakersfield, California, May 12, 1982 - Page 7
Councilman Rockoff stated his last appointment to the
Bakersfield Crime Commission had to resign and he plans to announce
the appointment of Marshall Jacobson at the next Council Meeting.
Mayor Shell announced that she will not be at next week'~
Council Meeting because she will be attending the Department of
the Air Force's Annual Airwar College National Security Forum in
Montgomery, Alabama.
REPORTS
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 5-82 regarding Snack Bar at
the California Avenue Park Neighborhood Facility, as follows:
At the Council Meeting of April 21, 1982, the
City Manager reported to the City Council on
the request of the California Avenue Park
Neighborhood Facility Citizens' Advisory
Committee to place a snack bar in the facility.
The matter was referred to the Auditorium-
Recreation Committee for study and recommendation.
This Committee met with members of staff and
Mr. Lynn Edwards, Chairman of the Advisory
Committee to review the Committee's request.
A preliminary review by the Public Works
Director indicates construction costs, in-
cluding labor and materials, to be approxi-
mately $4,500. However, the Plant Maintenance
Division has approximately a two year backlog
of projects within the City. Mr. Edwards
indicated there would be volunteer labor avail-
able for such items as cabinets, counter work,
etc. In addition to construction costs, the
Committee reviewed other costs, including
utilities and custodial services. Mr. Edwards
pointed out that all proceeds from the snack
bar, as with other activities of the Advisory
Committee, would be returned and used to
finance and assist in financing programs and
activities at the facility. Consequently,
costs related to the snack bar would justifiably
be a City expense since the snack bar would be
of service and benefit to the community.
To avoid liability exposure to the City, Mr.
Edwards concurred with this Committee's
suggestion of having the Advisory Committee
set up a nonprofit corporaton and acquire
appropriate insurance for the snack bar. The
City Attorney's Office will provide assistance
in drawing up necessary legal documents.
Additionally, this Committee feels an agreement
between the City and the nonprofit corporation
for the snack bar should include provisions for
Bakersfield, California, May 12, 1982 - Page 8
a semiannual accounting of all funds and
activities. Further, the agreement should
require that only volunteer labor be used to
operate the snack bar.
This Committee feels the project has merit and
recommends the City Council approve the request
of the Citizens' Advisory Committee and the
recommendations enumerated above. Also, this
Committee recommends the City Council authorize
a transfer, in an amount not to exceed $4,000,
from the Council Contingency Fund to the Plant
Maintenance Division of the Public Works Depart-
ment, at a time when the new corporation is
formed.
Councilman Rockoff stated he understood the amount was
not to exceed $4,000.
Councilman Christensen requested that the wording "not
to exceed $4,000 be inserted in the report.
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 5-82 regarding Snack Bar at the
California Avenue Park Neighborhood Facility, was accepted; recom-
mendations as outlined in the report, were approved; and Budget
Transfer, in an amount not to exceed $4,000, from the Council
Contingency Fund to the Plant Maintenance Division of the Public
Works Department, was approved.
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 3-82 regarding Staffing
for Redevelopment and Economic Development, as follows:
The Governmental Efficiency and Personnel Com-
mittee (GEP) recently met with the City Manager
and his staff regarding two additional employees
in the Redevelopment and Economic Development
Section. At the present time, this section is
made up of one Redevelopment Coordinator, one
Assistant Planner, and one Secretary. With
proposed projects such as the hotel, John
Diatte's Office Building, Larry Guay and Harold
Bergen's Office Building, Anglen and Moreland's
Office Building, Archuleta Millard-Eddy-Paynter's
Nine Block Project, the Lakeview Project, and
others in the making, it is quite apparent that
this section is understaffed. The staff also
is presently completing the Downtown Plan, which
involves a Land Use Element, Circulation and
Traffic Plan, Parking Plan, Housing Plan, and
Historical and Commercial Rehabilitation Program.
The preparation of this Plan, along with the
130
Bakersfield, California, May 12, 1982 - Page 9
implementation of the Hotel Project and the
workup on other projects, will require this
additional personnel.
The GEP Committee is in agreement with the City
Manager on this request, and we are recommending
Council approval of two new Principal Planner
positions for the Redevelopment and Economic
Development Section. These two new positions
will cost $78,850 annually, which includes
salary and supplemental benefits. One-half of
these salaries will be paid for through Rede-
velopment and the other half through the Community
Development Block Grant Program. If these
programs are discontinued due to lack of funds,
these positions will be eliminated.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 3-82 regarding Staffing for
Redevelopment and Economic Development, was accepted; and two new
Principal Planner positions for the Redevelopment and Economic
Development Section, were approved.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 7-82 regarding City Property
at 2014 "L" Street, as follows:
On January 31, 1979, the City of Bakersfield
entered into Lease Agreement No, 79-39 with
Travenol Laboratories, Inc., to lease City
owned property at 2014 "L" Street. The Lease
Agreement commenced on August 1, 1979 and will
terminate on July 31, 1982.
This Committee has met with members of the staff
to review the existing lease arrangmeents and
possible future uses of the premises. Currently,
Travenol Laboratories leases the premises for
the purpose of operating a "blood bank, plasma
center, or related facility." Pursuant to our
discussion, this Committee is of the opinion
that the location for this operation is not
consistent with the intended uses of property
in the area. We noted the City has received
numerous complaints from businesses in the area
with regards to the individuals attracted by
the facility. It is believed that retail sales
or commercial offices are a use consistent with
present uses in the area.
Therefore, this Committee recommends the City
Council direct staff to develop a Lease Agree-
ment and solicit proposals for future lessees,
which will seek retail sales and/or commercial
office use of the facilities.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 7-82 regarding City Property at 2014
Bakersfield, California, May 12, 1982 - Page 10
t31
"L" Street, was accepted; and staff was directed to develop
Lease Agreement and solicit proposals for future lessees, which
will seek retail sales and/or commercial office use of these
facilities.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 8-82 regarding Bond Counsel for
Multi-Family Mortgage Revenue Bonds, as follows:
On December 16, 1981, the City Council selected
Bache, Halsey, Steward, Shields, Incorporated,
as the underwriting firm for the City of Bakers-
field and authorized them to proceed with the
necessary steps regarding a program for Multi-
Family Mortgage Revenue Bonds.
Subsequent to Council action, Bache has met
with local developers, financial institutions,
and prepared a feasibility study, which was
previously forwarded to all members of the City
Council. Additionally, Bache has requested the
City Council select Bond Counsel so as to pro-
ceed with developing the necessary legal
documents, etc.
Recently, the City Council received a request
from Mr. Peter D. Kelly of Manatt, Phelps,
Rothenberg & Tunney to be considered as Bond
Counsel for the proposed bond issue. Mr. Kelly's
correspondence was referred to this Committee.
We have met with Mr. Kelly and reviewed his
proposal and experience of his firm. In addition
to meeting with Mr. Kelly, we discussed the
possibility of engaging the firm of Stradling,
Yocca, Carlson & Rauth. On previous bond issues,
this firm has acted as Bond Counsel for the City
of Bakersfield.
Among the items discussed, we reviewed each
firm's ability to provide the necessary documents
in a reasonable expeditious manner. Also, while
their proposed fees were not the determining
factor of our recommendations, we did review
fees and found the fees of both firms to be
acceptable and comparable.
In summary, this Committee felt either firm has
the capacity to satisfactorily act as Bond
Counsel for the proposed Revenue Bond Issue,
however, we felt our previous relationship with
Stradling, Yocca, Carlson & Rauth to be of
additional importance. Therefore, this Committee
recommends the City Council appoint the firm of
Stradling, Yocca, Carlson & Rauth as Bond Counsel
for the proposed Mortgage Revenue Bond Issue.
Councilman Rockoff stated Councilman Means, member of the
Budget Review and Finance Committee, did not sign the report.
Bakersfield, California, May 12, 1982 - Page
Councilman Rockoff made a motion that Budget Review and
Finance Committee Report No. 8-82, be accepted; and recommendations
as outlined in the report be approved.
Mayor Shell announced that Councilman Means would not
participate in this matter.
Mr. Peter Kelly, representing the law firm o£ Manatt,
Phelps, Rothenberg & Tunney, outlined their experience as Bond
Counsel for various firms and organizations, and requested that
they be appointed as Bond Counsel for the Mu~ti-Family Mortgage
Revenue Bond Program for the City of Bakersfield.
Councilman Barton offered a substitute motion that the
firm of Manatt, Phelps, Rothenberg & Tunney be appointed as the
City's Bond Counsel for the Multi-Family Mortgage Revenue Bond
Program.
Mayor Shell declared a brief recess at 9:40 P.M. and
reconvened the meeting at 9:45 P.M.
Councilman Strong stated, for the record, he is going
to vote against the substitute motion for the expressed purpose
of asking for a dealy, if the substitute motion does not carry.
Councilman Barton's substitute motion that the firm of
Manatt, Phelps, Rothenberg & Tunney be appointed as the City's
Bond Counsel for the Multi-Family Mortgage Revenue Bond Program,
carried by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Payne
Noes: Councilmen Ratty, Rockoff
Absent: None
Abstaining: Councilman Means
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 9-82 regarding New Construction
Incentives Program, as follows:
The Community Development Department, with
approval of the City Council, developed a New
Construction Incentive Program in 1981, to
Bakersfield, California, May 12, 1982 - Page
133
facilitate the development of new housing units
for low and moderate income families. The
program has promoted the development of fifteen
(15) new housing units in conjunction with the
HUD 235 Mortgage Assistance Program.
At the January 20, 1982, Council Meeting, staff
was authorized to acquire ten (10) additional
lots for ?ommie Townsend to develop housing on
these lots, utilizing his 235 commitments as
permanent financing for eligible buyers. In
order to exercise his commitments, Mr. Townsend
had to have potential buyers qualified and
approved by HUD on or before March 31, 1982,
which was the date set for the program to cease
operating. He was unsuccessful in this effort
and, therefore, no longer has the HUD 235
Program as a mechanism for making these units
affordable to low and moderate income families.
Also, the availability of this program in the
future is uncertain due to changes proposed by
the present Federal administration.
In view of these occurrences and in keeping
with the goals of the Community Development
Department, staff has proposed to this Committee
that the ten (10) lots, which are in escrow, be
acquired as part of a voluntary Land Banking
Program.
These properties can be acquired for $6,000
each, which is within the purchase price estab-
lished by City Council for the New Construction
Program. Once these lots are acquired, staff
can solicit proposals from developers and select
the best project. Monies have been budgeted in
the 1981-82 Block Grant Program for this purpose
This Committee has reviewed staff's proposal
and are in agreement. However, there is one
other condition that should be applied to the
disposition of the lots upon developer selection
The cost of the lots should be repaid in regular
monthly payments as opposed to being deferred
and not becoming due and payable until the title
to the property is transferred.
Therefore, it is recommended that staff be
authorized to acquire the ten lots as part of
a voluntary Land Banking Program.
Councilman Rockoff made a motion that Budget Review and
Finance Committee Report No. 9-82 regarding New Construction
Incentives Program, be accepted; and staff authorized to acquire
the ten lots as part of a Voluntary Land Banking Program.
Councilman Strong requested that the report be accepted
and no action taken until the next meeting so the Council can
review the lots involved.
Bakersfield, California, May 12, 1982 - Page 13
Mr. Tommie Townsend stated he agrees with Councilman
Strong and requested that the low income be set at 120% of income
rather than 80%.
Councilman Strong offered a substitute motion that
Budget Review and Finance Committee Report No. 9-82 regarding New
Construction Incentives Program, be accepted; and action on recom-
mendations deferred until the Council Meeting of May 26, 1982.
This motion was unanimously approved.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 10-82 regarding St. John Manor
Housing Corporation's Request for Financial Assistance in the
Development of their Senior Citizen Housing Project, as follows:
St. John Manor's request before the City Council
on April 28, 1982, for financial assistance was
referred to this Committee, which met and
considered the matter on May 4, 1982. The
request was for $100,000, to be used as a pre-
development loan for the project with approxi-
mately $65,000 being returned when their
project funds are released from HUD. The funds
will be used to cover up-front costs for
engineering, soils and other predevelopment
expenditures.
Funds for this type of assistance are not avail-
able this program year, but could be made avail-
able in the next program year, which begins
July 1, 1982. Shirley Davidson of St. John
Manor Housing Corporation had indicated that
their request was made with the understanding
that the funds, if available, would come from
the 1982-83 allocation. She was informed that
public hearings for the proposed use of 1982-83
Block Grant Funds would be held May 18th and
20th. It was suggested that she attend one of
the meetings and present her request for inclusion
in the final statement of proposed uses of the
funds. St. John Manor's request could then be
acted upon by the full Council as a part of the
1982-83 Block Grant Application.
Therefore, it is recommended that action on the
request be deferred until after the scheduled
public hearings on the projected use of the
1982-83 Community Development Block Grant Funds.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 10-82 regarding St. John Manor Housing
Corporation's Request for Financial Assistance in the Development
Bakersfield, California, May 12, 1982 - Page 14
t35
of their Senior Citizens Housing Project, was accepted; and action
on the request was deferred until after the scheduled public
hearings on the projected use of the 1982-83 Community Development
Block Grant Funds are completed.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 11-82 regarding Proposed Develop-
ment of an Office/Commercial/Transportation Facility between 23rd
Street and 22nd Street east of "H" Street, as follows:
On May 4, 1982, this Committee considered a
presentation submitted by representatives of
Karpe Realty Company in which a multi-use project
encompassing two blocks between Chester Avenue,
"H" Street, 22nd and 23rd Streets was proposed.
The developer has indicated an interest in
developing the subject two block site into an
office/retail complex of approximately 300,000
square feet with an additional area set aside
as a multi-modal transit terminal.
After considerable discussion by this Committee
regarding the need for efficient public transit
to serve the City of Bakersfield, as well as
Kern County, it was determined that several
very vital issues must be studied and resolved
prior to a final determination regarding the
viability of this proposed project.
This Committee recognizes the very real need
for an efficient public transportation system
within the City of Bakersfield at this time and
in future years. This Committee also recognizes
the need for a viable and modern transit terminal
that will serve the public transportation needs
of Bakersfield. With this thought in mind, the
Committee, in its discussions with representatives
of the developer and staff, expressed some concern
regarding the function, design and appropriate-
ness of the location of the proposed facility.
The Committee directed staff to continue with
the development of the Central City Plan with
added emphasis on resolving the issue of where
a central transit facility would best be located
and what form this facility should take. Staff
has advised this Committee that this issue has
a high priority and some specific recommendations
should be forthcoming in approximately 45 days.
In the absence of any site plans, functional
schematic or completion of the downtown plan
or other data to support the use of this site
as a transit terminal, this Committee is
reluctant to recommend to the Council, at this
time, the approval of this proposal.
Representatives of the developer have indicated
a willingness on the part of the developer and
Bakersfield, California, May 12, 1982 - Page 15
other parties participating in this proposed
project to abide by those recommendations made
by staff, and accepted by City Council and the
Redevelopment Agency. In order to expedite
this matter and aid the developer in obtaining
preliminary commitments from other public and
private agencies, this Committee recommends
the City support the concept of a Multi-Modal
Transit Facility and adopt the resolution.
Due to a real or imaginary conflict of interest Council-
man Payne did not participate in this matter.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 11-82 regarding Proposed Development
of an Office/Commercial/Transportation Facility between 23rd Street
and 22nd Street east of "H" Street, was accepted.
Adoption of Resolution No. 48-82 of
the Council of the City of Bakers-
field indicating its support for the
Planning and Development of a Multi-
Model Transit Terminal for the City
of Bakersfield.
Upon a motion by Councilman Rockoff, Resolution No. 48-82
of the Council of the City of Bakersfield indicating its support
for the Planning and Development of a Multi-Model Transit Terminal
for the City of Bakersfield, was adopted by the following roll call
vote:
Ayes:
Councilmen Strong, Barton, Christensen, Means, Ratty,
Rockoff
Noes: None
Absent: None
Abstaining: Councilman Payne
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 12-82 regarding Land Banking,
as follows:
On April 28, 1982, the City Manager delivered
a report to the City Council on a program of
Land Banking. Such a program would provide
the means wereby the Redevelopment Agency would
acquire land that becomes available in certain
areas of downtown with the intent of assembling
enough land to make a project feasible. The
Agency could then offer the land for development
and accept proposals from developers. The City
Manager felt such a program could be a useful
Bakersfield, California, May 12, 1982 - Page 16
1,37
tool to the redevelopment process. Also, it
was felt it would be necessary for the Council
to establish guidelines to be used in the
acquisition of property. The City Council
referred the matter to the Budget Review and
Finance Committee for study and recommendation.
This Committee has met with staff, including
the City Manager, to review the proposed
program. We discussed the matter thoroughly
and consider the program to have a great deal
of merit. Pursuant to our discussions, we
felt the following guidelines should be used in
acquiring available properties:
Acquire properties within blocks that have
a reasonable probability of being assembled
as a redevelopment site.
2. Parcels should consist of at least one-third
of a block.
3. Acquire sites that have a high degree of
near term marketability.
4. Acquisition of the site would assist in the
implementation of the downtown plan.
Acquisition of properties which minimize
Agency's acquisition expense through the
availability of favorable purchase terms.
Therefore, this Committee recommends the City
Council request the Redevelopment Agency adopt
a program of Land Banking, following the guide-
lines enumerated above.
Due to a real or imaginary conflict of interest Council-
man Payne did not participate in this matter.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 12-82 regarding Land Banking, was
accepted; and the Redevelopment Agency was requested to adopt a
program of Land Banking following the guidelines enumerated in
the report.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 13-82 regarding Methane Gas
Recovery Project, as follows:
On March 31, 1982, the City Council received a
report on a proposed system to recover methane
gas at the landfill site. Pursuant to the report,
the City Council directed correspondence to the
Board of Supervisors to advise them the City
intends to install a permanent gas conversion
system and the County should not proceed with
any more effort than necessary to alleviate
present hazards from the methane gas.
Bakersfield, California, May 12, 1982 - Page 17
On April 28, the City Council received corre-
spondence from the Kern County Public Works
Department requesting they be advised, as soon
as possible, how the recovery project would
be approached and implemented, in addition to
details on the distribution of revenues
realized from the project. The matter was
referred to the Budget Review and Finance
Committee for study and recommendation.
This Committee met with members of staff to
discuss progress and noted the Public Works
Department is currently requesting proposals
for the proposed recovery project. As such,
we feel it premature to respond to the Kern
County Public Works Department with regards
to specifics on the project and any related
revenues. However, as the City progresses,
we feel the City Public Works Director should
keep the County Public Works Director informed.
In addition, this Committee recommends the City
Council reiterate its action of March 31 and
direct correspondence to the Kern County Public
Works Department advising the County Director
the County should not proceed with any more
effort than that which is necessary to alleviate
any present hazards from methane gas.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 13-82 regarding Methane Gas Recovery
Project, was accepted; and recommendations as outlined in the
report, were approved.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 14-82 regarding Density Bonus,
as follows:
State law requires that when a developer of
housing offers to construct at least 25 percent
of the units in a housing development for low
or moderate income families, the City must
either grant him a Density Bonus, which would
allow construction of 25 percent more units or
provide him two other bonus incentives for the
project.
The Planning Commission reviewed this matter
and submitted a report and recommendation to
the City Council on April 28, 1982. The City
Council referred the matter to the Budget
Review and Finance Committee for study and
recommendation.
This Committee considered Government Code
Section 65915 (Density Bonuses and Other
Incentives) at its meeting of May 4, 1982.
The responsibility of the City Council in
deciding whether or not a Density Bonus should
Bakersfield, California, May 12, 1982 - Page 18
1,39
be granted, and the length of time the units
should be required to be available for low and
moderate income families, were primarily dis-
cussed. It was agreed that final authority
and responsibility for deciding which option
to exercise is the City Council's.
The other point, as to how long the units should
be guaranteed available to the low and moderate
income families, was not unanimously agreed
upon, and it was agreed that the Council should
decide on that question.
Alternatives and their reasons are:
Five years - Normal market processes will
ensure the continued availability of units
to the intended families. There would be
less governmental involvement.
Fifteen years - Five years of guaranteed
availability is not an equitable exchange
for the benefits received by the developer.
The market cannot be trusted as a guarantee.
This is half as long as would be required
by State law if the City were to become
financially involved.
Ten to fifteen years - This program is a
serious commitment by the community, which
should be matched by the developer. A ten
to fifteen year guarantee would discourage
frivolous and indiscriminate use of the
program.
The following recommendations are made regarding
projects for which Density Bonuses or other
incentives are requested:
It is the developerls responsibility to
offer 25 percent or more of the residential
units in a development for low and moderate
income families and request a Density Bonus
or other incentives.
o
The department and/or commission which
receives an application to develop using
the program shall condition all reviews
and approvals upon final approval by the
City Council.
°
The department and/or commission reviewing
applications to develop using this program
shall evaluate the impacts of 25 percent
increase in density and the costs of other
incentives, which would be used instead of
the Density Bonus. These are to be reported
with the recommended agreement to the City
Council.
An enforceable agreement between the City
and developer with strict penalties must
be entered into to guarantee that 25 per-
cent of the units in the development are
available and inhabited by low and moderate
income families.
140
Bakersfield, California, ~lay 12, 1982 - Page 19
5. The residential units, either for rent or
sale, shall be guaranteed available for
low and moderate income families for a
period of time to be determined by the
City Council.
6. The Community Development Department shall
monitor compliance with agreements entered
into pursuant to this program.
Therefore, this Committee recommends the City
Council accept this report and the entire
Council determine the length of time units
shall be guaranteed for low and moderate income
families, and direct staff to return to the
Council with the appropriate resolution for
adoption.
During discussion, upon a motion by Councilman Rockoff,
Budget Review and Finance Committee Report No. 14-82 regarding
Density Bonus, was accepted.
Councilman Ratty made a motion that the recommendations
contained in Budget Review and Finance Committee Report No. 14-82
be approved; units be guaranteed to low and moderate income families
for a period of 5 years; and staff directed to draft an appropriate
resolution for Council adoption.
Councilman Rockoff stated he is very concerned, because
this appears to be a plum for developers. By just asking for
either a Density Bonus, cash money or curbs and gutters, any
developer can get it. Most developers would like to take advantage
of this type of arrangement and, in all honesty, this is not why the
City has its codes set up for certain lot sizes and number of units
on an R-1 or R-2 lot. The City should discourage the indiscriminate
use of the program, while, at the same time, not render it useless.
Councilman Rockoff further stated he would hate to have every
developer in the City ask under these particular conditions, because
if they ask the City will have to give. The Council should make it
more difficult to ask and 5 years is not difficult enough.
After discussion, Councilman Ratty's motion that the
recommendations contained in Budget Review and Finance Committee
Report No. 14-82, be approved; units be guaranteed to low and
Bakersfield, California, May 12, 1982 - Page 20
moderate income families for a period of 5 years; and staff
directed to draft an appropriate resolution for Council adoption,
was approved. Councilman Rockoff voted in the negative on this
motion.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 5920 to 6126,
inclusive, in the amount of $717,354.68.
(b)
Claim for Damages from Jeffrey Robert
Banducci, 1412 Calle Hermosa, Bakersfield.
(Refer to City Attorney)
(c)
Claim for Damages from Susan Rae Forest,
5708 Panorama Drive, Bakersfield. (Refer
to City Attorney)
(d)
Claim for Damages and Personal Injuries
from Todd Michael Blom, by his guardian
Lucinda Blom-Soria, 5032 Easton Drive,
Bakersfield~ (Refer to City Attorney)
(e)
Claim for Damages from Automobile Club
of Southern California on behalf of Ramon
Gonzalez, 720 East Dolores Street, Bakers-
field. (Refer to City Attorney)
(f)
Claim for Damages from Gregg Charles
Charmley, P.O. Box 219, Delano,
California. (Refer to City Attorney)
(g)
Claim for Damages and Personal Inuuries
from Margaret Morris Andreoil, 2531
California Avenue, Bakersfield. (Refer
to City Attorney)
(h)
Public Parking Easement and Public Access
Easement to Kern River from Nickel Enter-
prises. These easements are granted in
satisfaction of the reasonable access
requirements of the Subidivision Map Act
in relationship to Tract No. 4179-A.
(i
Temporary Slope Easement from H-Bar
Development Co., Inc., for a sump located
north of Panama Lane and east of South "H"
Street.
(J
Correction Deed from Orange Coast Developers
to correct an omission of book and page in
the legal description for a Grant Deed
recorded August 17, 1981, in Book 5397 at
Page 134. The deed provided a sump site
adjacent to Watts Drive, east of Union
Avenue, as required for Parcel Map No. 5793.
(k
Storm Drain Easement from Guy H. Wilkins
and Norma B. Wilkins providing right-of-
way for construction of a storm drain
between White Lane and the Akers Road
Sump.
Bakersfield, California, May 12, 1982 - Page 21
(m)
(n
(o
(P
(q)
(r)
(s)
(t)
(u)
Easements from Tenneco Realty Development
Corporation providing for public roads,
storm drains, sewer lines, water pipelines
and public utilities for Parcel Map No.
6368, located on north corner of California
Avenue and Mohawk Street, and for Tract No.
4481, located on east side of Half Moon
Drive and north of Planz Road.
Novation between Thomas G. Richards,
original subdivider, and Continental
Properties, a substituted subdivider,
and the City of Bakersfield for improve-
ments required by the Planning Commission
for Parcel Map No. 5846, located at
southeast corner of White Lane and Stine
Road.
Map of Tract No. 4481 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located on east side of
Half Moon Drive, north of Planz Road.
Map of Tract No. 4627 being developed by
The Penstar Group, located on south side
of Planz Road and west of Akers Road.
Offsite improvements are existing.
Improvement Agreement for Parcel Map No.
6368 with Tenneco Realty Development
Corporation for construction of improve-
ments required by the Planning Commission,
located on north corner of California
Avenue and Mohawk Street.
Improvement Agreement for Parcel Map No.
6539 with Sill Properties, Inc., for
construction of improvements required by
the Planning Commission, located east of
Arrow Street, south of the Calloway Canal.
Notice of Completion and Acceptance of
Work on Tract No. 4364, Contract No. 81-89
with Tenneco Realty Development Corporation,
located at North Laurelglen Boulevard and
Hilton Head Way.
Notice of Completion and Acceptance of
Work on Bakersfield City Hall - Phase II,
South Wing Addition, Contract No. 81-47
with Tumblin Company.
Application for Encroachment Permit from
Ralph Kemprud, Owner of Tower Motel, 3215
Chester Avenue, for location of private
gas and underground electrical lines
approximately 2½ feet in the street right-
of way.
Application for Encroachment Permit from
John H. Trino, 2919 Panorama Drive, for
construction of a masonry column and
wrought iron fence behind the sidewalk
area at 2919 Panorama Drive.
Bakersfield, California, May 12, 1982 - Page 22
143
(v)
(w)
(x)
Plans and Specifications for Wheelchair
Ramps at 26 locations in an area bounded
by "A", 16th, "0" and 30th Streets.
Plans and Specifications for Traffic Signal
System Modifications at the intersections
of Columbus and Oswell Streets, Mt. Vernon
Avenue and Columbus Street, and Ming Avenue
and Wible Road.
Request for Approved Leave Without Pay for
Senior Police Officer Quentin Smith. Mr.
Smith is seeking political office and is
presently on a 30-day approved Leave of
Absence and he is requesting an additional
30-day leave, which will carry him through
June 24, 1982.
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(q), (r), (s), (t), (u), (v), (w) and (x) of the Consent Calendar,
were adopted by the
following roll call vote:
Ayes: Councilmen Strong,
Ratty,
Noes: None
Absent: None
Barton, Christensen, Means, Payne,
Rockoff
ACTION ON BIDS
Upon a motion by Councilman Payne, low bid of Smith
Electric, in the amount of $162,167.00, for Traffic Signal Systems
and Street Modifications at Auburn and Oswell Streets, Wilson and
Real Roads, Stockdale Highway and California Avenue and California
Avenue and Oak Street, was accepted, all other bids rejected, the
Mayor was authorized to execute the contract
in the amount of $11,967.00, from Account No.
appropriate account, was approved.
Upon a motion by Councilman Payne,
and Budget Transfer,
56-79500-293 to the
low base bid plus
Addition No. 1 of McCowen Construction Company, in the amount of
$45,564.00, for construction of an addition to the Vehicle Service
Building at the Bakersfield Police Facility, was accepted, all other
bids rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Christensen, low bid of The
American Rubber Manufacturing Company, in the amount of $11,034.60,
for Fire Hose, was accepted and the other bid rejected.
Bakersfield, California, May 12, 1982 - Page 23
Upon a motion by Councilman Payne, low bid of Vulcan
Signs, in the amount of $5,203.22, for signs and hardware for
street signs, was accepted and all other bids rejected.
Upon a motion by Councilman Payne, low bid of L. N. Curtis
and Sons, in the amount of $4,160.92, for Turnout Coats and Pants
for the Fire Department, was accepted and all other bids rejected.
Upon a motion by Councilman Christensen, low bid of O. B.
Nuzum Tire Service Company, in the amount of $31,496.98, for Annual
Contract for Tire Recapping, was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Payne, low bid of Kern Rock
Company, in the amount of $28,111.20, for Annual Contract for
Select Road Materials, was accepted, the other bid rejected and
the Mayor was authorized to execute the contract.
Upon a motion by Councilman Barton, low bid of Layne-
Western Company, in the amount of $39,406.29, for drilling and
construction of Observation Wells in "2800 Acres" Spreading Ground,
was accepted, all other bids rejected and the Mayor was authorized
to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2739 New
Series of the Council of the City of
Bakersfield amending Section 17.64.030
A.2. of and adding Section 17.64.085
to the Bakersfield Municipal Code
relative to modifications of height
regulations in Commercial and Industrial
Zones.
Upon a motion by Councilman Payne, Ordinance No. 2739
New Series of the Council of the City of Bakersfield amending
Section 17.64.030 A.2. of and adding Section 17.64.085 to the
Bakersfield Municipal Code relative to modifications of height
regulations in Commercial and Industrial Zones, was adopted by the
following roll call vote:
Ayes: Councilmen Strong,
Ratty,
Noes: None
Absent: None
Barton, Christensen, Means, Payne,
Rockoff
Bakersfield, California, May 12, 1982 - Page 24
145
Adoption of Ordinance No. 2740 New
Series of the Council of the City of
Bakersfield amending Sections 17.66.010
B. and 17.66.020 of the Bakersfield
Municipal Code relative to Conditional
Use Permits.
Upon a motion by Councilman Rockoff, Ordinance No. 2740
New Series of the Council of the City of Bakersfield amending
Sections 17.66.010 B. and 17.66.020 of the Bakersfield Municipal
Code relative to Conditional Use Permits, was adopted by the
following roll call vote:
Ayes:
Noes: None
Absent: None
Councilmen Strong, Barton, Christensen, Means, Payne,
Ratty, Rockoff
Adoption of Ordinance No. 2741 New
Series amending Title Seventeen of
the Mnnicipal Code of the City of
Bakersfield by zoning that certain
property in the City of Bakersfield
located at the southwest corner of
McCuthen Road and Ashe Road.
The application for this amendment was initiated by the
Planning Commission to zone subject property to an "A"
Zone.
(Agricultural)
The Planning Commission recommended approval.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2741 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by zoning that certain
property in the City of Bakersfield located at the southwest corner
of McCutchen Road and Ashe Road, finding said zoning consistent with
the General Plan, were adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton,
Ratty, Rockoff
Noes: None
Absent: None
Christensen,
Means, Payne,
Bakersfield, California, May 12, 1982 - Page 25
Adoption of Ordinance No. 2742 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield located at
the northwest corner of Mt. Vernon
Avenue and Brundage Lane and that
portion lying east of Mt. Vernon
Avenue on the south side of Brundage
Lane.
The application for this amendment was initiated by the
Planning Commission and would change subject properties from an
R-1 (One Family Dwelling) and A-W (Agricultural - Oil Well) Zones
to an M-2 (General Manufacturing) Zone.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Strong, Negative Declaration
and Ordinance No. 2742 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
at the northwest corner of Mt. Vernon Avenue and Brundage Lane and
that portion lying east of Mt. Vernon Avenue on the south side of
Brundage Lane, finding said zoning consistent with the General Plan,
were adopted by the following roll call vote:
Ayes
Councilmen Strong, Barton, Christensen, Means, Payne,
Ratty, Rockoff
Noes None
Absent: None
Adoption of Ordinance No. 2743 New
Series of the Council of the City of
Bakersfield amending Section 17.06.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of that
certain property in the City of
Bakersfield, commonly known as 4821
Ming Avenue, approving the Preliminary
Development Plan and making findings
in connection with P.C.D. Zone.
The application for this amendment was made by Glendale
Bonny and would change subject property from an R-1-CH (One Family
Dwelling - Church) Zone to a P.C.D. (Planned Commercial Development)
Zone, consisting of a financial and professional office complex.
Bakersfield, California, May 12, 1982 - Page 26
i_47
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Strong, Negative Declaration
and Ordinance No. 2743 New Series of the Council of the City of
Bakersfield amending Section 17.06.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of that certain property in the
City of Bakersfield, commonly known as 4821 Ming Avenue, approving
the Preliminary Development Plan and making findings in connection
with P.C.D. Zone, finding said zoning consistent with the General
Plan, were adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Payne,
Ratty, Rockoff
Noes: None
Absent: None
Adoption of Ordinance No, 2744 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield located on
the south side of Truxtun Avenue,
west of Mohawk Street.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject property
from an R-1 (One Family Dwelling) Zone to a C-O (Commercial and
Professional Office) Zone.
The Planning Commission recommended approval of this
amendment.
Action on this item was held over from the Council Meeting
of April 28, 1982.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2744 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
on the south side of Truxtun Avenue, west of Mohawk Street, finding
14tS
Bakersfield, California, May 12, 1982 - Page 27
said zoning consistent with
following roll call
Ayes: Councilmen
Noes: None
Absent: None
the General Plan, were adopted by the
vote:
Strong, Barton, Christensen, Means, Payne,
Ratty, Rockoff
Adoption of Ordinance No, 2745 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield located on
the south side of Truxtun Avenue,
east of Mohawk Street.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject property
from an R-1 (One Family Dwelling) Zone to an M-1 (Light Manufacturing)
Zone.
The Planning Commission recommended approval of this
amendment.
Action on this item was held over from the Council
Meeting of April 28, 1982.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2745 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
on the south side of Truxtun Avenue, east of Mohawk Street, finding
said zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes:
Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff
Noes: None
Absent: None
Abstaining: Councilman Strong
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 8.32.060 B., sus-
pending the Refuse Collection Fees
for the period June l, 1982 to May
31, 1983.
Bakersfield, California, May 12, 1982 - Page 28
149
This ordinance suspends for another year the refuse
collection fees established by the Municipal Code.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 8.32.060 B.,
suspending the Refuse Collection fees for the period June 1, 1982
to May 31, 1983.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.64.090 of the
Bakersfield Municipal Code relative
to Fees.
This ordinance deletes Code language presently specifying
fees for Zoning Modifications, Conditional Use Permits, changes of
Zone and Appeals from the Board of Zoning Adjustment, and provides
that such fees are to be set by resolution. The Council previously
adopted a resolution setting fees for these processes.
First reading was considered~ given an Ordinance of the
Council of the City of Bakersfield amending Section 17.64.090 of
the Bakersfield Municipal Code relative to Fees.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located on the south side
of Pacheco Road, 330 feet east of
Monitor Street.
The application for this amendment was made by Carl R.
Moreland and would change subject property from an R-1 (One Family
Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling) Zone.
The Planning Commission recommended approval of this
amendment.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
by changing the Land Use Zoning of that certain property in the
City of Bakersfield located on the south side of Pacheco Road, 330
feet east of Monitor Street.
150
Bakersfield, California, May 12, 1982 - Page 29
Adoption of Resolution No. 49-82 of
the Council of the City of Bakers-
field establishing Annexation
Processing Fees.
This resolution was prepared pursuant to Water and City
Growth Committee Report No. 4-82, "Annexation Policy," March 31,
1982. Recommendation No. 5 directed staff to draft a resolution
establishing Annexation Processing Fees in accordance with the
Fee Schedule contained in the report.
Upon a motion by Councilman Ratty, Resolution No. 49-82
of the Council of the City of Bakersfield establishing Annexation
Processing Fees, was adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Payne,
Ratty, Rockoff
Noes: None
Absent: None
Approval of Agreement between the
Kern Farmers Market Association and
the City of Bakersfield for the
operation of a Certified Farmers
Market on City property located on
21st Street between "M" and "N"
Streets.
Upon a motion by Councilman Means, Agreement between the
Kern Farmers Market Association and the City of Bakersfield for the
operation of a Certified Farmers Market on City property located
on 21st Street between "M" and "N" Streets, was approved and the
Mayor was authorized to execute same.
Approval of Agreement with the
County of Kern for installation and
maintenance of a Traffic Signal and
Street Lighting System at the inter-
section of South Chester Avenue and
Wilson Road.
The County desires to proceed with this project and
anticipates that it will be advertised for bids in June, 1982.
The City's share of the cost is $40,000 (½ of the total cost),
and is budgeted in the current fiscal year.
Upon a motion by Councilman Barton, Agreement with the
County of Kern for installation and maintenance of a Traffic Signal
Bakersfield, California, May 12, 1982 - Page 30
151
and Street Lighting System at the intersection of South Chester
Avenue and Wilson Road, was approved and the Mayor was authorized
to execute same.
Authorization granted to purchase
property and accept Deed from Donald
and Robert Hallisey for a Drainage
Detention Basin at the northeast
corner of Fairfax Road and College
Avenue.
This Drainage Detention Basin in part of the Shalimar
Planned Drainage Area and the purchase price is $100,130, which
is equal to the appraised value, plus Escrow Fees.
Upon a motion by Councilman Rockoff, authorization was
granted to purchase property and accept Deed from Donald and Robert
Hallisey for a Drainage Detention Basin at the northeast corner of
Fairfax Road and College Avenue.
Approval of Assignment of Lease on
City Sewer Farm by Garone Cattle
Company to Gary Garone.
A request has been received from Garone Farm and Cattle
Company to assign the Farm Lease at Wastewater Treatment Plant No.
2 to Gary Garone. Gary Garone, in cooperation with his father Joe
Garone, is in charge of the farming operation at present. In the
opinion of the Public Works Department, the assignee has sufficient
experience to operate the Sewer Farm and it is recommended the
assignment be approved. Mr. Joe Garone will remain as guarantor
under this assignment.
Upon a motion by Councilman Rockoff, Assignment of Lease
on City Sewer Farm by Garone Cattle Company to Gary Garone, was
approved.
HEARINGS
This is the time set for continued public hearing before
the Council on an Appeal by Jerry Goldberg to the decision of the
Board of Zoning Adjustment denying his application for a Modification
for the parking surface to permit a substandard surface in a C-2-D
(Commercial - Architectural Design) Zone, on that certain property
commonly known as 1821 Golden State Avenue.
Bakersfield, California, May 12, 1982 - Page 31
April
This hearing was duly advertised and the property owners
notified as required by law.
This hearing was continued from the Council Meeting of
21, 1982, at the request of the applicant.
Mayor Shell declared the hearing open for public partici-.
pation.
Wendy Thompson, Attorney representing Jerry Goldberg,
stated Mr. Goldberg is requesting some sort of compromise for this
parcel of property. He is planning to develop it within the next
year or two, and he would not like to spend $25,000 paving the
parking lot and have to dig it up again for a new development.
Mr. Jerry Goldberg requested that the City coordinate
their Licensing Department with the Inspection Department so this
type of thing does not happen six months after a person has purchased
a parcel of property. Mr. Goldberg stated he feels he is being
harassed by City staff. He did not feel he should have to go to
the expense of paving this parcel of property and then have to dig
it up when it is developed within the next two years.
John Willingham, local Real Estate Broker, stated as soon
as possible this parcel will be developed and requested extra time
in order to put it to its best use.
No protests or objections being received and no one else
wishing to speak in favor, Mayor Shell closed the public portion of
the hearing for Council deliberation and action.
Councilman Strong made a motion that the decision of the
Board of Zoning Adjustment denying Jerry Goldberg's application
for a Modification for the parking surface to permit a substandard
surface in a C-2-D Zone, on that certain property commonly known
as 1821 Golden State Avenue, be suspended for one year provided
that:
The lessee of the property does not change.
If further extension is required or lessee
changes Mr. Goldberg must appear before
the Council prior to the end of the one
year period.
Bakersfield, California, May 12, 1982 - Page 32
153
vote:
Ayes:
Noes:
Absent:
Oil sand or dust binder must be applied to
the parking surface during the one year
period.
This motion failed to carry by the following roll call
Councilmen Strong,
Councilmen Barton,
None
Councilman Strong made a motion
Christensen, Means
Payne, Ratty, Rockoff
that the decision of the
Board of Zoning Adjustment denying Jerry Goldberg's application
a Modification for the parking surface to permit a substandard
surface in a C-2-D Zone, on
as 1821 Golden State Avenue,
that:
1.
2.
vote:
Ayes:
Noes:
Absent:
for
that certain property commonly known
be suspended for nine months provided
The lessee of the property does not change.
If further extension is required or lessee
changes Mr. Goldberg must appear before
the Council prior to the end of the nine
month period.
Oil sand or dust binder must be applied to
the parking surface during the nine month
period.
This motion failed to carry by the following roll call
Councilmen Strong,
Councilmen Barton,
None
Christensen, Means
Payne, Ratty, Rockoff
Upon a motion by Councilman Strong, Zoning Resolution
No. 289 of the Council of the City of Bakersfield and Certificate
of Findings of Fact in regard to the Appeal of Jerry Goldberg from
the denial by the Board of Zoning Adjustment of a requested Modifi-
cation of the Land Use Zoning Ordinance of the City of Bakersfield
affecting that certain property as hereinafter described and zoned
as a C-2-D (Commercial - Architectural Design) Zone to modify the
parking surface to allow a substandard surface on that certain
property commonly known as 1821 Golden State Avenue, was adopted
Bakersfield, California, May 12, 1982 - Page 33
by the
Ayes:
Noes:
Absent:
motions
following roll call vote:
Councilmen Strong, Barton,
Ratty, Rockoff
None
None
(NOTE: The
Christensen, Means, Payne,
above motion is the same as the two previous
except it is for a six month period.)
EXECUTIVE SESSION
Upon a motion by Councilman Means, the Council
recessed
to an Executive Session at 11:15 P.M., to discuss labor negotiations.
The regular meeting was reconvened at 11:32 P.M.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 11:35 P.M.
MAYOR ~the~~ o ' ' .
ATTEST:
CITY ~o£ the Council
of the City of Bakersfield, California
ma
Bakersfield, California, May 19, 1982
155
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., May 19, 1982.
The meeting was called to order by Vice-Mayor Barton,
followed by the Pledge of Allegiance and a moment of silent prayer.
The City Clerk called the roll as follows:
Present: Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff,
Strong
Absent: Mayor Shell
SCHEDULED PUBLIC STATEMENTS
Mr. Robert S. Staller, 2513 Newport Lane, representing
Laurelglen residents, spoke to the Council regarding concerns the
residents have in the development of multi-family units being planned
in their neighborhood. Mr. Staller requested that the Council refer
the issue back to the Planning Department for £urther consideration
and that an independent consultant be retained to perform a precise
study of the area.
In answer to a question, City Attorney Oberholzer stated
the Council can initiate a zone change, and it would go back to the
Planning Commission. The Council can take whatever action it wishes
in respect to directing the Planning Commission or the Planning
Department Staff to perform any studies. Ultimately, it is the
City Council's decision. If the property owner made application £or
a zone change, or change of Land Use Element of the General Plan,
then it would go to the Planning Commission first.
CORRESPONDENCE
Upon a motion by Councilman Rockoff, communication from
S.A. Camp Companies, P.O. Bin D, Shafter, dated May 11, 1982, request-
ing a General Plan Amendment for commercial use of property located
on 23rd Street between "E"
to Planning Commission for
Upon a motion by
from Golden Empire Transit,
submitting a copy of their budget for the 1982-83 fiscal
received and ordered placed on file.
and "F" Streets, was received and referred
study and recommendation.
Councilman Christensen, communication
3101 16th Street, dated May 12, 1982,
year, was
Bakersfield, California, May 19, 1982 - Page 2
Ms. Debbie Hearn,
satisfaction with
file.
Upon a motion by Councilman Payne, communication from
Karpe Associates, Realtors, 4002 Ming Avenue, representing Michael
E. and Linda K. Sceales and Terry J. and Pamela Polkinghorne,
requesting abandonment of McCall Avenue between Wible Road and
Highway 99, was received and referred to Planning Coramission for
study and recommendation.
Upon a motion by Councilman Means, communication from
2525 Park Way, dated May 17, 1982, expressing
the new trash bins, was received and placed on
SCHEDULED PUBLIC STATEMENTS
(Continued)
City Planning Director Sceales stated, in answer to a
question, that he felt certain that unless action is taken by the
Council tonight, construction will proceed as planned on the multi-
family units in Laurelglen.
Councilman Means stated he felt some action should be
taken by the Council. The Laurelglen residents came to the Council
two weeks ago requesting action and were deferred for two weeks to
allow time for them to meet with the Planning Staff, Tenneco, and
developer of the property, to try to work out a solution. If no
solution could be worked out, then they were to come back to the
Council.
After further discussion, Councilman Means made a motion
to take whatever action necessary to stop development on that prop¢.rty
until a recommendation is received from staff as to the appropriate
zoning density in that area.
Councilman Payne asked Planning Director Sceales, If
Tenneco sold the property to a contractor, would that contractor be.
required to submit plans to the Planning Commission, at which time
the Planning Commission would make considerations on the elevationa,
density, etc?
Planning Director Sceales stated that the plans for the
property would have to come back to Planning Department Staff for
review. This would be under the new Site Plan Development Review.
Bakersfield, California, May 19, 1982 Page 3
157
The developer can build on those lots as presently zoned, R-2, or
one unit per every 2,500 square feet. That is the maximum that can
be built, in accordance with the development standards that are
within the Zoning Ordinance. In the process the contractor would
submit a set of plans for a triplex or a duplex to build on any of
those lots, it will go to the Site Plan Review Committee, which is
made up of the Fire Department, Public Works Department, Traffic
Engineer, Building Department and Planning Department. Those depart-
ments will review the plans as to City codes, ordinances, and policies;
and, if the contractor meets all the requirements, he will be given
a Building Permit to start construction. Planning Director Sceales
further stated that if the contractor meets all the requirements,
the staff would be required to issue a Building Permit, and there would
be nothing to appeal.
Councilman Ratty stated that R-2 zoned land is more
expensive than R-1. As the density goes up, the price of the land
goes up. The economics of the situation is one of the problems.
The builder, Mr. Klassen, has stated that he thought the project, as
presently proposed, for the condominiums and apartments, was a viable
project. Mr. Klassen has stated that at the price of the property
he could not afford to build with less density. Councilman Ratty
further stated that it is his understanding that Tenneco lowered the
price of the land $200,000 and that information comes from the builder.
Someone will have to give up some money, and make some concessions
to make this project viable.
After a lengthly discussion regarding possible actions
that could be taken by Council to resolve this issue, City Attorney
Oberholzer stated that to address the specific issue of the Laurelglen
residents, would require a zone change. The only way the Council
can dictate density would be to amend the Zoning Ordinance for that
piece of property or to amend the Zoning Ordinance and allow a
different density in an R-2 or R-3 Zone.
Upon a motion by
declared a brief recess at
9:10 P.M.
Councilman Christensen, Vice-Mayor Barton
9:05 P.M. and reconvened the meeting at
Bakersfield, California,,May 19, 1982 - Page 4
Councilman Means withdrew his original motion.
Councilman Means made a motion that the Council keep
this issue open and direct Staff to report back their recommendations
on the matter.
Councilman Payne asked City Attorney Oberholzer if it
would be a violation of the "Brown Act" if three Councilmen met
with the Laurelglen residents and Tenneco to discuss the issue and
try to resolve the problems?
City Attorney Oberholzer stated that as suggested this
would not be action by the Council, therefore not a violation of
the Brown Act.
Councilman Means amended his motion to authorize Councilmen
Strong, Ratty, and Payne to meet with the Laurelglen residents and
Tenneco to try to clarify the discussion points dealing with this
particular issue. This motion was approved by the following roll
ca~l votes:
Ayes Councilmen Christensen, Means, Payne, Ratty, Rocko£f, Strong
Noes Councilman Barton
(Note: Councilman Ratty later asked Councilman Rockoff
if he would take his place on this Committee, and
he agreed to do so.)
Councilman Christensen asked the City Attorney for a
motion that would stop construction on the property being discussed
tonight.
City Attorney Oberholzer stated that a moratorium cannot
be placed on construction unless the Council is pursuing some actio:~.
If the Council initiates action for a zone change or a study for a
zone change, then during that interium period of time, an Emergency
Ordinance can be adopted for a moratorium on that property.
Councilman Christensen requested that whatever is necessary
to put a ho~d on construction be done.
City Attorney Oberholzer stated it would be a motion of
the Council recommending to the Planning Commission that the property
be down-zoned and that in the interium an Emergency Ordinance be
adopted placing a moratorium on construction.
Bakersfield, California, May 19, 1982 - Page 5
Councilman Christensen made a motion that the Council
recommend to the Planning Commission that the property be down-zoned
and in the interim an Emergency Ordinance be adopted placing a
moratorium on construction.
Councilman Payne stated that he cannot support putting
a moratorium or down-zoning the property. He did not believe that
Tenneco or the contractor would begin construction on this property
after learning the concerns of the Council, and felt that no actio~
would be taken by either the developer or the contractor for at least
a week. Councilman Payne felt like the members of the Committee
would have time to get together to discuss the situation and then
meet with Tenneco.
Councilman Christensen withdrew his motion,
Councilman Christensen made a motion, that the action to
survey the Laurelglen situation be carried out within the next
seven days. This motion was unanimously approved.
Upon a motion by Councilman Rockoff, appointment of
Mr. Marshall Jacobson, 651 "H" Street, Bakersfield, to the Crime
Commission was unanimously approved.
Councilman Payne submitted six names to be considered
to fill the vacancy on the Planning Commission at the May 26, 1982
Council Meeting, Councilman Payne further stated that he would
provide resumes for the following six people and would appreciate
any comments or input the Council members wished to make:
James S. Camp
Graham Kaye-Eddie
Ken Kind
Michael J. Callegy
Marshall H. Jacobson
Gerald Van Horn
Upon a motion by Councilman Payne, the issue of vendors
at various locations throughout the City was referred to the
Business Development and Parking Committee for study and recommendation,
and the Committee was directed to draft an ordinance governing this
vending activity including mobile video games, and report back to
the Council at the meeting of June 9, 1982.
160
Bakersfield, California, May 19, 1982 - Page 6
REPORTS
City Manager Kelmar reported on the exchange of
Tax Revenue for Kern City Annexation, as follows:
Due to a communication failure on my part with
my staff, it will not be possible for the City
and County to reach agreement by the May 22nd
deadline on the distribution of property taxes
for the Kern City Annexation.
Property
The representatives of the County are in no way
responsible and have acted in a cooperative and
professional manner during the negotiations.
I accept full responsibility and apologize to the
City Council for this occurrence. This will
result in an approximately two month delay in
the annexation process.
Police Chief Price presented the 1981 Report of Activities
and Level of Service by the Bakersfield Police Department, and
briefly outlined the activities and statistics included in the
report.
HEARINGS
This is the time set for public hearing before the Council
on an Appeal by Maranatha Video Games to the decision of the Board
of Zoning Adjustment denying an application for a Conditional Use
Permit requested by Richard Lee Hixson to allow the parking of a
trailer and the operation of ten video games contained on said
trailer located within the parking lot of Juanitos Mexican Food
Restaurant in a C-2-D (Commercial-Architectural Design) Zone,
affecting that certain property in the City of Bakersfield commonly
known as 4675 Ming Avenue.
This hearing was duly advertised, and the property owners
notified as required by law.
A letter was received from Invest West Financial Corporation,
Mr. Peter H. St.Clair, Agent for the Owner, 4949 Buckley Way, dated
May 12, 1982, stating opposition to the granting of the application.
Vice-Mayor Barton declared the hearing open for public
participation.
Bakersfield, California, May 19, 1982 - Page 7
16!
Mr. Richard Lee Hixson, Maranatha Video Games, stated that
before building this trailer he inquired at the City and County to
find out exactly what licenses and permits were required. After,
obtaining all the required licenses and permits, he was told he
could go to work. He picked the site for this business in a place
that was not near grammar schools and was meant to attract an adull;
population. Mr. Hixson stated he has a substantial monetary invest-
ment in this business and would not have entered into it if he had
thought the City would not allow it to operate. He has received
support for this business from surrounding businesses and many
people in the community.
Mr. Hixson stated he met with the Planning Department and
members of the Council and they have come up with some compromises
that he is very willing to do; such as, installation of power to the
site, so he will no longer be running his machines from a generator;
and, moving the trailer to the northwest corner, away from any
traffic problem or potential hazard. His original plan was to £ind
a stationary location to operate from, such as Juanito's Restaurant.
This would be advantageous to the owner of the property, and himself.
The main goal is for parties and fund raisers. He has done several
things for churches in the area, and also participated in the Buck
Owens' Cancer Drive, in which he donated all the proceeds to the
Cancer Drive. He has contracts with ~esa Marin and the people who
organize the Boat Drags and each of these jobs will be located on
those premises. He needs a permanent location where he can operate
when he does not have a party.
Mr. Ron Burnette, Vice-President of Juanito's Inc., and
General Manager of Juanito's Mexican Restaurant, 4675 Ming Avenue,
stated that the management of Juanitos has received a lot of compli-
ments and questions from customers about when Mr. Hixson will be
returning. Most of Mr. Hixson's customers were Juanito's Restaurant
patrons. Mr. Hixson is an asset and both the customers and manage-
ment of Juanito's wish to have him return. There have been discussions
182
Bakersfield, California, ~ay 19, 1982 - Page 8
about
In answer to a question, Mr. Burnette stated that the restaurant
receives 20% of Mr. Hixson's receipts.
~r. Ryan Chambless spoke in favor of the appeal.
No protests or objections being received, and no one
else wishing to speak in favor, Vice-~ayor Barton closed the public
portion of the hearing for Council deliberation and action.
In answer to a question by Vice-Mayor Barton, City
Attorney Oberholzer stated it would be inappropriate to close the
public portion of the hearing if it is being referred to committee.
Upon a motion by Councilman Ratty, public hearing before
the Council on an Appeal by ~aranatha Video Games to the decision
of the Board of Zoning Adjustment denying an application for a
Conditional Use Permit requested by Richard Lee Hixson to allow
the parking of a trailer and the operation of ten video games con-
tained on said trailer located within the parking lot of Juanito's
Mexican Restaurant in a C-2-D (Commercial-Architectural Design)
Zone, affecting that certain property in the City of Bakersfield
commonly known as 4675 Ming Avenue, was continued until the Council
~eeting of June 9, 1982, and referred to the Business Development
and Parking Committee for study and recommendation.
In answer to a question by Councilman Strong, Councilman
Ratty indicated he would include in the above-motion that ~r.
Hixson be allowed to continue operation of his bus~ness at 4675
~4ing Avenue, pending the report from the Business Development and
Parking Committee.
City Attorney Oberholzer stated Mr. Hixson cannot operate
at 4675 ~ing Avenue until he has obtained a Conditional Use Permit.
The Council cannot authorize him to violate the Ordinance, which
has criminal provisions in it, without granting a Conditional Use
Permit.
Councilman Ratty withdrew that part Of his motion to
allow Mr. Hixson to continue operation of his business at the
location of 4675 ~ing Avenue.
cementing and landscaping the area where the trailer is located.
Bakersfield, California, May 19, 1982 - Page 9
This is the time set for public hearing regarding Amend-
ment to the Land Use Element of the Bakersfield Metropolitan Area
General Plan and Proposed Environmental Documents concerning the
following general areas:
Segment I:
SAN JOAQUIN DEVELOPMENT, INC. has applied
to change the Low Density Residential
designation to Commercial for 1.43 acres
of land located at the Northwest corner
of Berkshire Road and South "H" Street;
Segment II:
SAN DIEGO CENTRAL FEDERAL SAVINGS AND LOAN
has applied to change the Medium-Density
Residential designation to Office for 3
acres located at the southeast corner of
Ming Avenue and New Stine Road.
Segment III:
DALE G. SCALES has applied to change the
Low Density Residential designation to
Recreational Commercial for 15.66 acres
located North of Highway 178, approximately
one-half mile West of the mouth of the
Kern River Canyon;
Segment IV:
HISATO KINOSHITA has applied to change the
Low Density Residential designation to
Commercial for one acre located at the
Northeast corner of Panama Lane and Akers
Road~
Segment V
THE CITY OF BAKERSFIELD has applied to
amend the condition preventing vehicular
access from the alignment of future Beech-
wood Street to the approximately 20 acres
located at the Southeast corner of Planz
Road and Stine Road as approved and adopted
in Land Use Element Amendment 3-78, SEGMENT I
(to Commercial Use). This action is
necessary in order to establish consistency
with the existing zoning for the property,
to wit: P.C.D. (Planned Commercial Develop-
ment);
This hearing has been duly advertised and the property
owners notified as required by law.
The Planning Commission approved Negative Declaration for
Segments I, II, III, IV, and V, and recommend approval of Segments
III, IV and V.
The Planning Commission, after a public hearing held on
April 15, 1982, approved the Negative Declaration, but recommended
denial of Segment I, as delineated in Planning Commission Resolution
No. 23-82.
Bakersfield, California, May 19, 1982 - Page 10
The Planning Commission failed to approve Segment II
by a Vote of 3-2, 4 Votes being required under State Law for approval
of a General Plan Amendment. The negative votes were the result of
the opinion of two Commissioners that the property should be resi-
dential, not commercial. Had the requested Amendment been approved
and adopted, the conclusion of the Planning Commission was that
conditions relating to commercial use of the property be imposed.
A letter has been received from Jacobson & O'Neil, a
Law Corporation, 651 "H" Street, dated May 18, 1982, in opposition
to Segment II.
Vice-Mayor Barton declared the hearing open for public
participation on Segment I. No protests or objections being received,
and no one wishing to speak in favor, the public portion on Segment
I was closed for Council deliberation.
Vice-Mayor Barton declared the hearing open for public
participation on Segment II.
Mr. Marshall Jacobson, adjacent property owner, spoke in
opposition to Segment II.
Mr. Jere Sullivan Jr., adjacent property owner, spoke in
favor of Segment II.
Mr. Gary Nogle, Graapich-Nogle & Partners, Inc., Architect
for Central Federal Savings, stated that their firm invited all
local property owners to attend a presentation of the project and
solicited comments from those property owners. A great deal of
input was received from the home owners and Planning Department
recommending changes in the plans. At the time of the Planning
Commission meeting it was stated that his firm would abide by all
conditions that the Planning Department requested. The major item
of concern, by local home owners and Planning Commission, was the
protection of the privacy of the single-family residences. In
response to that concern, the architect reduced the project from
three to two stories and the amount of glass that would overview
Bakersfield, California, May 19, 1982 - Page ll
: 65
the single-family residences on the south side. At the last meeting
with the property owners, on Tuesday May 18, 1982, they had 100%
support for the project. The property owners felt that their concerns
had been met by the addition o£ block walls, landscaping, and the
major modification from three to two stories.
Mr. Tony Alfono, Vice-President of Central Federal Savings,
spoke in favor of Segment II.
No further protests or objections being received, and no
one else wishing to speak in £avor, the public portion on Segment II
was closed for Council deliberation.
Vice-Mayor Barton declared the hearing open for public
participation on Segment III.
Mr. Dale Scales, applicant, spoke in favor of Segment III,
and thanked the Planning Department Staff for their assistance on
this project.
No protests or objections being received, and no one else
wishing to speak in favor, the public portion on Segment III was
closed for Council deliberation.
Vice-Mayor Barton declared the hearing open for public
participation on Segment IV.
Mr. Melvin Thompson, appearing on behalf of Mr. Hisato
Kinoshita, spoke in favor of Segment IV.
No protests or objections being received, and no one else
wishing to speak in favor, the public portion on Segment IV was
closed for Council deliberation.
Vice-Mayor Barton declared the hearing open for public
participation on Segment V.
Mr. Andy Hauge, Quad Consultants, representing the owner-
developer of the property, Planned Zones Community Center, spoke in
support of Segment V, and thanked the Planning Department for their
assistance.
No protests or objections being received, and no one else
wishing to speak in favor, the public portion on Segment V was closed
for Council deliberation.
Bakersfield, California, May 19, 1982 - Page 12
Upon a motion by Councilman Rocko£f, Resolution No. 50-82
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and disapproving and denying Segment I of
proposed Amendment to the Land Use Element of
politan Area General Plan (Land Use Amendment
the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff, Strong
Noes: None
Absent: None
Upon a motion by Councilman Ratty, Resolution No. 51-82,
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and conditionally approving Segment II of
proposed Amendment to the Land Use Element of the Bakersfield Metrc.-
politan Area General Plan (Land Use Amendment 1-82), was adopted
by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff, Strong
Noes: None
Absent: None
Upon a motion by Councilman Christensen, Resolution No.
52-82, of the Council of the City of Bakersfield making findings,
adopting Negative Declaration and conditionally approving Segment III
of proposed Amendment to the Land Use Element of the Bakersfield
Metropolitan Area General Plan (Land Use Amendment 1-82), was
by the following roll call vote:
Ayes: Councilmen Barton, Christensen,
Rockoff, Strong
Noes: None
Absent: None
the Bakersfield Metro-
1-82), was adopted by
Means, Payne, Ratty,
adopted
Bakersfield, California, May 19, 1982 - Page 13
Upon a motion by Councilman Strong, Resolution No. 53-82,
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and approving Segment IV of proposed amendment
to the Land Use Element of the Bakersfield Metropolitan Area General
Plan (Land Use Amendment 1-82), was adopted by the following roll
call
Ayes
vote:
Councilmen Barton,
Strong
Noes
Absent:
Christensen,
Means, Payne,
Ratty, Rockoff
None
None
Upon a motion by Councilman Strong, Resolution No. 54-82,
Council of the City of Bakersfield making findings, adopting
named to
designated to meet with Laurelglen Residents.
mously approved.
EXECUTIVE SESSION
Councilmen Barton, Christensen, Means, Payne, Ratty, Rockoff,
Strong
None
None.
Councilman Ratty made a motion that Councilman Rockoff be
fill Councilman Ratty's position on the three-member committee
This motion was unani-
Upon a motion by Councilman Christensen,
to an Executive Session at 10:50 P.M. to discuss labor negotiations.
The regular meeting was reconvened at 11:00 P.M.
ADJOURNMENT
There being no further business to come before the Council,
upon a motion by Councilman Christensen, the meeting was adjourned at
11:04 P.M.
V -MA~~YOR ~ t~ty of Bakersfield, Calif.
ATTEST:
CITY CLERK ~d Ek//Officio Clerk of the Council
of the City of B~kersfield, California
CW
the Council recessed
Noes:
Absent:
of the
Negative Declaration and approving Segment V of proposed Amendment to
the Land Use Element of the Bakersfield Metropolitan Area General Plan
(Land Use Amendment 1-82), was adopted by the following roll call vote:
Ayes:
Bakersfield, California, May 26, 1982
of
Hall at 8:00 P.M., May 26, 1982.
The meeting was called to order by Mayor Shell,
by the Pledge of Allegiance and Invocation by Mayor Shell.
Present:
Minutes of a regular meeting of the Council of the City
Bakersfield, California, held in the Council Chambers of City
followed
The City Clerk called the roll as follows:
Councilmen Christensen, Means (seated at
8:40 P.M.), Payne, Ratty, Rockoff, Strong,
Barton
Mayor Shell.
Absent: None
Minutes of the regular meeting of May
approved as presented.
12, 1982, were
Exchange,
of Assembly Bill 2869, which would place a moratorium on New
Residential Energy Standards.
Adoption of Resolution No. 55-82 of
the Council of the City of Bakers-
field supporting Assembly Bill 2869.
of
2869
Ayes
Noes
Absent:
Abstaining:
SCHEDULED PUBLIC STATEMENTS
Mr. Bob Hamilton, President of the Kern County Builders'
Inc., requested that the Council go on record in support
Upon a motion by Councilman Strong, Resolution No. 55-82
the Council of the City of Bakersfield supporting Assembly Bill
was adopted by the following roll call vote
Payne, Ratty Strong, Barton
Councilmen Christensen,
None
Councilman Means
Councilman Rockoff
Mr. Tony Parker, representing the Highland Assembly of
God Church, requested an extension of time to obtain a Fireworks
Stand Permit, because the person responsible for filing the appli-
cation resigned and it was overlooked.
Upon a motion by Councilman Barton, extension of time
for obtaining a Fireworks Stand Permit, was granted to the Highland
Assembly of God Church.
Bakersfield, California, May 26, 1982 - Page 2
i69
Mrs. Anne Monroe, 3991 Marella Way, criticized Mayor
Shell for using her title when supporting the Peripheral Canal,
which is an issue on the June 8, 1982, election ballot. Mrs.
~onroe felt it mislead the voters into believing the City Council
is supporting the Peripheral Canal.
CORRESPONDENCE
Upon a motion by Councilman Rockoff, communication from
Tenneco Realty Development Corporation, dated May 14, 1982, requesting
abandonment of an Alley located west of Moffitt Way and south of
Hilton Head Way in Laurelglen, was received and referred to the
Committee of Councilmen Payne, Rockoff and Strong.
Upon a motion by Councilman Christensen, communication
from the Kern Philharmonic, dated May 13, 1982, requesting financial
support, in the amount of $5,000, for their 1982-83 season and a
$2,500 appropriation for the young people's concerts, was received
and referred to the Auditorium-Recreation Committee for study and
recommendation.
Upon a motion by Councilman Christensen, communication
from Nash Brown Associates, Architects AIA Planners, dated May 24,
1982, requesting abandonment of the west half of Brown Street,
between "M" line and Niles Street, was received and referred to the
Planning Commission for study and recommendation.
Upon a motion by Councilman Barton, communication from
the Golden Empire Chapter of the American Institute of Architects,
dated May 25, 1982, regarding confusion with the use of different
editions of the Uniform Building Code, was received and referred to
the Building Director.
Upon a motion by Councilman Christensen, communication
from Rich O'Neil, President of the Kern River Bikepath Committee,
dated May 26, 1982, thanking the Council and staff for their co-
operation and efforts towards comple~ion of the Bikepath from
Bakersfield College to Cal-State Bakersfield, was received and
ordered placed on file.
Bakersfield, California, May 26, 1982 - Page 3
COUNCIL STATEMENTS
Councilman Rockoff commended the City's financial staff
for a Certificate of Conformance and Financial Reporting received
from the National Municipal Finance Offices Association, which is
the highest form of recognition in governmental accounting and
financial reporting.
Upon a motion by Councilman Ratty, James S. Camp, 6725
Bridgeport Lane, was appointed to fill a vacancy on the Planning
Commission, created by the resignation of Tom Fallgatter, term
expiring April 17, 1984.
Mr. Tommie Townsend requested that the Council grant a
45-day extension on his contract for a New Construction Incentive
Program. They have sold 8 lots and are completing escrow on the
last two lots.
City Attorney Oberholzer stated he believes the agreement
with Mr. Townsend has expired and if that is so, it would require
entering into another agreement.
City Manager Kelmar stated he believes the Council
entered into the agreement in August, 1981. The agreement provided
that if Mr. Townsend did not dispose of the lots within a 6 month
period, he must reimburse the City for the cost of the unsold lots.
Forty-five days will probably only carry the agreement to sometime
in April, 1982.
Upon a motion by Councilman Strong, request of Mr. Tommie
Townsend for a 45-day extension on his contract for a New Construction
Incentive Program, was referred to the Budget Review and Finance
Committee for study and recommendation.
REPORTS
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 6-82 regarding Park Reser-
vation Ordinance Change, as follows:
At the May 12, 1982, City Council Meeting, Mr.
Leo Whitecotton of the Artisan's Guild
Bakersfield, California, May 26, 1982 - Page 4
171
requested an ordinance change regarding the
City's park reservation policy. The present
policy requires a 90 day maximum period that
any group may reserve a park area. In order
for the Artisan's Guild to make the necessary
arrangements for its next fair, they are
requesting a 120 day reservation period.
The Auditorium-Recreation Committee has dis-
cussed this matter with the staff and they have
informed us that this request would not cause
them any problem, however, it would require an
ordinance change.
We are, therefore, recommending Council approval
of the ordinance, which will in effect change
the 90 day maximum park reservation period to
120 days. The approval of this report will be
considered first reading of the ordinance.
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 6-82 regarding Park Reservation
Ordinance Change, was accepted.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Sections 12.56.100 B. and
12.56.110 B. of the Municipal Code
relative to City Park Reservation
Policy.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Sections 12.56.100 B.
and 12.56.110 B. of the Municipal Code relative to City Park
Reservation Policy.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 15-82 regarding Annual Audit,
as follows:
While appointing the auditors to perform the
annual audit of the accounting records of the
City of Bakersfield for the fiscal year ended
June 30, 1981, the City Council expressed its
intention to remain with the same auditing firm
for a period of two or three years providing
the auditing firm performs in a satisfactory
manner and any proposed fee increases would be
reasonable.
Recently, the Budget Review and Finance Com-
mittee met with representatives of Bailey,
Ruppel & Nunneley (the firm appointed for June
30, 1981),to review their proposal for the
fiscal year ending June 30, 1982.
During our discussions, we noted the auditing
firm had performed in a satisfactory manner and
Bakersfield, California, May 26, 1982 - Page 5
proposes to perform the upcoming audit for a
fee of $20,000. This Committee considers the
proposed fee to be reasonable. Additionally,
this Committee concurs with the request of the
auditing firm that the contract contain pro-
visions specifically itemizing the assistance
to be provided by City staff in completing
the annual audit.
Therefore, this Committee recommends that the
City Council appoint the firm of Bailey,
Ruppel & Nunneley as independent auditors for
the City of Bakersfield for the fiscal year
ending June 30, 1982.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 15-82 regarding Annual Audit, was
accepted; and the firm of Bailey, Ruppel & Nunneley was appointed
as independent auditors for the City of Bakersfield for Fiscal
Year ending June 30, 1982.
Councilman Rockoff, Chairman o£ the Budget Review and
Finance Committee, read Report No. 16-82 regarding Purchase of
Telephone Equipment, as follows:
Recently, the City Manager reported to the City
Council regarding staff's preliminary investi-
gations of the possibility of purchasing the
City's telephone equipment. The report noted
preliminary indications reflected a potential
savings of $500,000 over a ten year period if
the equipment was purchased on a cash basis,
or approximately $300,000 savings based on
monthly payments over a similar period. The
City Manager requested Council authority to
proceed with appropriate steps necessary to
develop bid specifications and submit the
results to the Budget Review and Finance Com-
mittee for study and recommendation. The City
Council authorized the request, in addition to
requesting the investigation include the
possibility of providing a system for long
distance calls.
Pursuant to Council direction, this Committee
has met with staff on several occasions to
review the program and, in turn, furnish the
City Council with a status report.
During our meetings, we noted that staff has
made contact with nine various cities and
counties throughout the State of California
owning or in the process of purchasing their
telephone equipment. In addition to telephone
conversations and various paperwork forwarded
the City, the Purchasing staff visited some
installations.
Bakersfield, California, May 26, 1982 - Page 6
173
In addition to gathering information from
various cities and counties, staff has contacted
several consultants in an effort to determine
such costs if the City were to proceed in that
direction. From the information obtained, it
would appear the cost of hiring a consultant to
establish the City's needs, develop bid specifi-
cations and requests for proposals, and evaluate
and make recommendations upon those proposals
would be approximately $30,000. This Committee
also noted several vendors have offered their
technical assistance, in lieu of a paid
consultant, at no cost to the City.
This Committee feels that prior to employing a
consultant, the City should request proposals
from all interested vendors. Staff could
evaluate the responses, and at that time we
will be in a position to determine the necessity
for a paid consultant.
At the present time, staff is formulating a list
of all potential vendors. Once the list is
completed, all vendors will be invited to attend
a general meeting where staff will furnish an
overview of the City's needs as well as answer
any questions the vendors may have. Pursuant
to that meeting, interested vendors will analyze
the City's needs and submit an appropriate
proposal.
As the project progresses, this Committee will
keep the City Council informed.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 16-82 regarding Purchase of Telephone
Equipment, was accepted.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 17-82 regarding Request by
LOR, Inc., for City Sponsorship of Industrial Development Bonds
for Acquisition and Construction of an Oil Drilling Equipment Plant
and Distribution Center, as follows:
During the March 24, 1982, meeting of the Bakers-
field City Council, LOR Incorporated requested
sponsorship, by the City of Bakersfield, of tax
exempt Industrial Development Bonds to finance
the land acquisition and construction of a new
facility to house their expanded operations.
The request was referred to the Budget Review
and Finance Committee, and on April 6, 1982,
the Committee met with the management of LOR,
Inc., and staff for consideration of this
request and make a recommendation for action
by City Council.
LOR, Inc., wishes to acquire a piece of property
within the corporate limits of the City of
Bakersfield, California, May 26, 1982 - Page 7
Bakersfield and build a new facility to accom-
modate the expansion of this energy related
company. The bond proceeds will be used for
this acquisition and construction.
The plans of LOR, Inc., are consistent with the
eligibility criteria included in the California
Industrial Development Finance Act. The pro-
posed facility will provide support of energy
development, production, collection, conversion,
etc., which is an eligible activity under the
law. The request is within the financial limits
established under the law with a principal
amount of approximately $2,000,000.
This Committee also reviewed the findings of
the Business Development and Parking Committee
included in their Report No. 3-82, which care-
fully examined the use of tax exempt instruments
and the formation of an Industrial Development
Authority. We find that the proposed plans for
LOR Incorporated are within the guidelines
included in the referenced Committee Report in
that "the issuance of these bonds...will result
in increased employment through the expansion...
of an existing business or company."
The planned development is also in keeping with
the findings of the ordinance creating the
Bakersfield Industrial Development Authority,
since it will provide employment opportunities
through a projected employment increase of
approximately 85%.
Conclusion and Recommendation
It is the opinion of this Committee that the
proposed project would be of benefit to the
City of Bakersfield, particularly the industrial
sector of our local economy. This Committee
also feels that the plans are in compliance
with State and local law and the City's economic
goals and objectives.
It is the recommendation of the Budget Review
and Finance Committee, after careful examination
and consideration, that the LOR Incorporated
request be forwarded to the Industrial Develop-
ment Authority along with a Committee recommenda-
tion to approve the sponsorship of the necessary
bonds.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 17-82 regarding Request by LOR, Inc.,
for City Sponsorship of Industrial Development Bonds for Acquisitioa
and Construction of an Oil Drilling Equipment Plant and Distributioa
Center, was accepted; and staff was directed to forward the request
from LOR, Inc., to the Industrial Development Authority along with
a Committee recommendation to approve the sponsorship of the
necessary bonds.
Bakersfield, California, May 26, 1982 - Page 8
175
Councilman Means, Chairman of the Voucher Approval
Committee, read Report No. 1-82 regarding Relocation of Golden
Empire Transit Transfer Areas, as follows:
In October, 1981, the Voucher Approval Committee
was requested by the City Council to resolve the
problems that exist at the 19th and Chester
transit transfer area. Over the last six months,
this Committee has been meeting on a regular
basis with the City staff, the Golden Empire
Transit District (GET) staff and members of the
Downtown Business Association in an attempt to
arrive at a mutually agreeable solution to this
problem. Approximately 12 alternate locations
have been evaluated based on their central
locations, minimum loss of parking, bus accessi-
bility, and the effect it would have on current
land use. After evaluating all of these
alternatives, it became apparent that no matter
which site was selected, there would be a certain
amount of unhappiness voiced by the parties
involved. At this time, the Voucher Committee
is prepared to recommend the following for
Council approval:
Effective August 1, 1982, City owned property,
which is presently being used as a parking
lot at 20th and "L" Streets, be made avail-
able to GET for a temporary transfer point.
This area to be used until GET builds a
permanent facility, which should be in the
next two to three years. City staff to be
instructed to work with GET to make the
necessary arrangements, with GET paying for
any alterations which have been approved by
the City.
During the next two months, GET is requested
to work with property owners at the 19th and
Chester transfer area in an attempt to
improve the cleanliness in the area.
The action taken by the Council tonight will
not preclude this Committee from meeting with
GET officials in the next two months, if they
can develop an alternative that provides short-
term as well as long-term solution.
Councilman Means made a motion to accept Voucher Approval
Committee Report No. 1-82 regarding Relocation of Golden Empire
Transit Transfer Area; and approve the recommendations outlined in
the report.
Councilman Means stated there has been a lot of mis-
information about this particular issue. Over the last three years
everybody concerned with mass transportation in the City has
76
Bakersfield, California, May 26, 1982 - Page 9
attempted to come up with a proposal that will provide a terminal,
or some facility that would benefit people using mass transit.
Nothing has happened during the last three years. A point has
finally been reached where the Council, City staff, Kern COG, G.E.T.,
Downtown Business Association, etc., have started discussing a
long-term solution. If they arrive at an agreeable solution withi~
the next two months then, hopefully, the Council will not have to
take action in August. The Council is not voting to move the
transfer point tonight.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read an Information Memorandum regarding a
Comprehensive Transit Study for the Central City, as follows:
On recommendation of this Committee, Resolution
No. 48-82 was approved in which the City Council
voiced its support for the concept of a multi-
model transit terminal for the Central City.
Within that resolution, staff was directed to
begin a series of studies in which it will
determine the most appropriate form this transit
facility should take, and what may be the most
appropriate location.
Staff indicated that such a report would take
approximately 45 days to complete. Staff also
indicated that such a report would be an
important part of the overall downtown plan,
insofar as public transit and the manner in
which it serves the Central City was of para-
mount importance.
As a result of continued discussions among
staff and other agencies directly involved with
this issue, it has been proposed by the Kern
County Council of Governments (Kern COG) that
a comprehensive analysis and Implementation
Plan for public transit be generated using
consultants. Working under the directions
given by both this Committee and the Voucher
Committee, staff has had a series of meetings
with the Kern COG staff and Golden Empire
Transit staff for the purpose of determining
the value of, and the degree of participation
necessary by the various agencies in such a
study.
Based on those discussions, staff has recom-
mended, and we concur, that the City should
participate in the development of this Transit
Plan and Implementation Strategy.
Mr. Jess Ordonez, Paralegal for the Greater Bakersfield
Legal Assistance, 615 California Avenue, stated after a great deal
Bakersfield, California, May 26, 1982 - Page l0
i 77
of research and talking to the people who use the buses, especially
senior citizens, he would have to request that the Council recon-
sider moving the G.E.T. transfer area to 20th and "L" Streets. It
is not well-lighted, there are no restroom facilities, no telephones
and it is deserted.
Mr. Steve Ruggenberg, Assistant Manager of the Golden
Empire Transit District, 3101 16th Street, stated they recognize
there are problems at the present transfer point at 19th Street and
Chester Avenue. G.E.T. intends to take the suggested solution
seriously. Mr. Ruggenberg then outlined some of the problems that
will be encountered if the transfer point is moved to 20th and "L"
Streets.
Mayor Shell announced that Councilman Payne will not
participate in this matter due to a real or imaginary conflict of
interest.
Mr. Gene McMurtrey, Legal Counsel for Golden Empire
Transit District, stated he cannot find any problems with the
technical aspects of the recommendations of the Voucher Approval
Committee. He stated if the Council is unsuccessful in obtaining
a solution by the August 1, 1982 deadline, he hopes there will be
further discussion between the City and G.E.T. people before it
comes to the Council for a vote. It is requested that discussions
take place between his office and the City Attorney's Office as to
who has the authority to make the final decision as to where the
transfer point should be. As he reads the Transit Authority District
Act, that final decision rests with the Transit Board.
Mr. Jim Treanor, President of the Downtown Business
Association, stated the only way to solve their problems is to
move G.E.T.'s transfer point. The problem has not been property
addressed by G.E.T. The City Council has attempted to address the
problems, however, everything that has been done is temporary and
a permanent solution is needed. Mr. Treanor urged the Council to
approve the plan recommended by the Voucher Approval Committee.
Bakersfield, California, May 26, 1982 - Page 11
Mr. Max Amstutz, Manager of J. C. Penney's, 19th Street
and Chester Avenue, stated he concurs with the Voucher Approval
Committee's recommendations and urged that a solution to this
problem be reached by the August 1st deadline.
Mr. Norman Walters, local citizen and educator, stated
he does not feel August 1st is a reasonable date to expect G.E.T.
to come up with a solution to their problems. The people using
the facilities should be the first consideration, and 20th and "L"
Streets is not a reasonable location. Mr. Walters suggested that the
Civic Center area be considered as the transfer point.
Mr. Art. Gonzalez, representing the Seniors for Progress,
stated he feels the users' concerns are not being addressed and
requested that the matter be reconsidered. He felt a better
location for the transfer point could be found.
Mr. Art Powell, local citizen, stated a transfer point
near the Court House would be an ideal solution to the problem and
he felt the 20th and "L" Streets location is not very satisfactory.
Mrs. Martha Walters, housewife, stated in the interest
of public safety and convenience, it is her opinion that 20th and
"L" Streets is not the ideal location for the G.E.T. transfer
point. Mrs. Walters urged the Council to reconsider using this
location as the transfer point.
After a lengthy discussion, Councilman Means' motion to
accept Voucher Approval Committee Report No. 1-82 regarding Relocation
of Golden Empire Transit Trans£er Area; and approve recommendations
as outlined in the report, was approved.
Upon a motion by Councilman Means, in order to express
the Council's support and anticipated endorsement, the Redevelop-
ment Agency was requested to participate in the Transit Plan and
Implementation Strategy in an amount up to $7,500.00. This motion
was approved and Councilman Payne abstained from voting on the
matter.
Bakersfield, California, May 26, 1982 - Page 12
179
Police Chief Price reported that during the last couple
years, in discussions with various committees at budget times,
there has been some concerns expressed regarding the expenditure
of manhours by the Police Department on false alarms within the
City of Bakersfield. Several years ago an Alarm Ordinance was
enacted. Through the years the Police Department has attempted to
work with that Alarm Ordinance and lower the false alarm rate. This
attempt has not been successful. Last year, 1981, the Police
Department responded to 3,604 false alarms, which cost the City
approximately $144,000 in manpower. That is only the tip of the
iceberg when the danger of the officers in emergency response, etc.,
is considered. As a result of this and discussions with the
Budget Review and Finance Committee in the past, the ordinance has
been thoroughly examined and other cities polled as to what they
are doing to solve the problem. In cooperation with the City
Attorney's Office, the Police Department has prepared a tentative
ordinance, along with a fee schedule and rules and regulations, for
Council consideration. It is recommended that this matter be
referred to the Budget Review and Finance Committee for study and
recommendation.
Councilman Barton suggested that the Budget Review and
Finance Committee study this matter very diligently and set up
penalties or criteria to reduce the false alarms as much as possible,
because 3,600 in one year is unacceptable.
Upon a motion by Councilman Barton, Tentative False
Alarm Ordinance, along with the fee schedule and rules and regulations,
was referred to the Budget Review and Finance Committee for study
and recommendation.
Police Chief Price invited the Council to participate in
a Chemical Spill Disaster Drill presented by the California
Specialized Training Institute from San Louis Opispo, California,
on June 1, 2 and 3, 1982, which is next Tuesday, Wednesday and
Bakersfield, California, May 26, 1982 -Page 13
Thursday. The classroom workshops will be held from 7:00 A.M. to
12 Noon on Tuesday and Wednesday in the Police Auditorium located
in the basement of the Police Building. The actual exercise will
take place on Thursday from 8:00 A.M. to 12 Noon.
EXECUTIVE SESSION
The Council recessed to' an Executive Session at
10:00 P.M. to discuss labor negotiations.
The regular meeting was reconvened at ll:15 P.M.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 6127 to 6435,
inclusive, in the amount of $1,235,010.99.
(b)
Claim for Damages from Gordon Donald
McElwrath, 2140 Mahoney Drive, Bakersfield.
(Refer to City Attorney)
(c)
Claim for Damages from Regal Oak Inn, 1011
Oak Street, Bakersfield. (Refer to City
Attorney)
(d)
Claim for Damages from Mike Etcheverry,
dba E.R.E. Sheep Company, Route ll, Box
261, Bakersfield. (Refer to City Attorney)
(e)
Quitclaim Deed from the City of Bakers-
field to Lunn Production Service, Inc.,
correcting an error in the property
description acquired by the City from
Texaco in 1979.
(f)
Street Right-of-Way Deed from Sill
Properties to the City of Bakersfield
and Quitclaim Deed from the City of
Bakersfield to Sill Properties exchanging
street right-of-way deed for Gilmore
Avenue and a sewer easement. Both ease-
ments are located between Sillect Avenue
and Arrow Street. There are no sewer
lines located within the sewer easement.
Future sewer lines will be located within
the street right-of-way.
(g)
Street Right-of-Way Deed
Investors for additional
Wible Road north of Ming
required for development
from Bakersfield
right-of-way on
Avenue, as
of Gemco.
(h)
Street Right-of-Way Deed from Ming Center
Investment Company providing additional
right-of-way on South Real Road north of
Ming Avenue, as required by the Planning
Commission for Parcel Map No. 6601.
Bakersfield, California, May 26, 1982 - Page 14
181
(i)
(J)
(k)
(m)
(n)
(o)
Map of Tract No. 4411 and Improvement
Agreement with Oldham Construction Company
for construction of improvements therein,
located at the southeast corner of Planz
Road and Raider Drive.
Notices of Completion and Acceptance of
Work on the following:
Truxtun Avenue Extension, Phase 3,
Contract No. 81-190 with Granite
Construction Company.
Panama Lane Construction, Akers Road to
South "H" Street, Contract No. 82-50 with
James G. Francis Contractor, Inc.
Tract No. 4409, Units A & B, Contract No.
81-90 with Prasser, Rodriguez and Clapp,
located at Gosford Road and Laurelglen
Boulevard.
Tract No. 4469, Contract No. 81-159 with
Tenneco Realty Development Corporation,
located at Olympia Drive and West Half
Moon Drive.
Application for Encroachment Permit from
Pearl Etta Bradley, 612 "Q" Court, for
construction of a 4 foot chain link fence,
5 feet back of curb.
Application for Encroachment Permit from
Terry Delamater, 2700 "H" Street, for
construction of a roof drain down-spout
on the 27th Street side of building at
2700 "H" Street.
Application for Encroachment Permit from
Paulino Ramirez, 1126 Texas Street, for
construction of a 4 foot high chain link
fence behind the sidewalk at 1126 Texas
Street.
Application for Encroachment Permit from
Arrow Advertising Company, Inc., 1101
18th Street, for construction of land-
scaping and irrigation system planters
on 18th Street.
Plans and Specifications for Storm Drains
in Larson Street, from Planz Road north
to an existing sump, and Della Street,
from Alma Way to existing Southgate Drive
Drainfield.
Plans and Specifications for improvement
of Sundale Avenue west of New Stine Road,
"Q" Street between Golden State Avenue and
the Southern Pacific Railroad, 30th Street
between "Q" Street and Union Avenue, and
resurfacing Union Avenue between 21st
Street and the Southern Pacific Railroad.
Bakersfield, California, May 26, 1982 - Page 15
(q)
(r)
Upon
(d), (e), (f),
(q) and (r) of
roll call vote:
Ayes:
Noes:
Absent:
Plans and Specifications for the Kern River
Bicycle Trail from Cal-State Bakersfield
to Beach Park, Phase I.
Plans and Specifications for Traffic
Signal System Modifications at the inter-
sections of "H" and 17th, 18th, 19th,
20th and 21st Streets.
a motion by Councilman Means, Items (a), (b), (c),
(g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
the Consent Calendar, were adopted by the following
Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Strong, Barton
None
None
ACTION ON BIDS
Upon a motion by Councilman Payne, low bids of Polaris
Battery for 12 items, in the amount of $3,877.70, and A-1 Battery
Company for 12 items, in the amount of $4,945.80, for Annual
Contract for Automotive Batteries, were accepted, all other bids
rejected and the Mayor was authorized to execute the contracts.
Upon a motion by Councilman Strong, low bid of Bakers-
field Concrete & Construction, in the amount of $194,142, for
curb and gutter construction in the Lowell Addition, Phase III,
Community Development Project, was accepted, all other bids rejecte.~
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Christensen, low bid of Sloan
Industries, in the amount of $10,736.00, for Metal Control Weirs
for the Agricultural Water Department, was accepted and all other
bids rejected.
Upon a motion by Councilman Payne,
Chevrolet, in the amount of $10,697.19, for
for the Police Department (prisoner
and the other bid rejected.
low bid of Three Way
a Diesel Station Wagon
transportation), was accepted
Bakersfield, California, May 26, 1982 - Page 16
183
DEFERRED BUSINESS
Adoption of Ordinance No. 2746 New
Series of the Council of the City of
Bakersfield amending Section 8.32.060
B., suspending the Refuse Collection
Fees for the period June 1, 1982 to
May 31, 1983.
Upon a motion by Councilman Means, Ordinance No. 2746
New Series of the Council of the City of Bakersfield amending
Section 8.32.060 B., suspending the Refuse Collection Fees for the
period June l, 1982 to May 31, 1983, was adopted by the following
roll call vote:
Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Strong, Barton
Noes: None
Absent: None
Adoption of Ordinance No. 2747 New
Series of the Council of the City of
Bakersfield amending Section 17.64.090
of the Bakersfield Municipal Code
relative to Fees.
Upon a motion by Councilman Payne, Ordinance No. 2747
New Series of the Council of the City of Bakersfield amending
Section 17.64.090 of the Bakersfield Municipal Code relative to
Fees, was adopted by the following roll call vote:
Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Strong, Barton
Ayes:
Noes:
Absent:
None
None
Adoption of Ordinance No. 2748 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield located on
the south side of Pacheco Road, 330
feet east of Monitor Street.
The application for this amendment was made by Carl R.
Moreland and would change subject property from an R-1 (One Family
Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling) Zone.
The Planning Commission recommended approval of this
amendment.
Bakersfield, California, May 26, 1982 - Page 17
Ayes:
Noes: None
Absent: None
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2748 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
on the south side of Pacheco Road, 330 feet east of Monitor Street,
finding said zoning consistent with the General Plan, were adopted
by the following roll call vote:
Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Strong, Barton
Approval of recommendations outlined
in Budget Review and Finance Committee
Report No. 9-82 regarding New Con-
struction Incentives Program.
This report was accepted at the meeting of May 12, 1982,
and action on the recommendations deferred until tonight's meeting.
Upon a motion by Councilman Rockoff, recommendations as
outlined in Budget Review and Finance Committee Report No. 9-82
regarding New Construction Incentives Program, were approved.
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.08.140 B., and
repealing Section 17.08.140 C.
relative to additional Dwelling
Units on Lot.
This ordinance, recommended by the Planning Commission,
is in response to correspondence from Joyce Brink. It does not
grant everything that was requested, but implements that portion
of State Law cited in her letter. It will allow an additional
small dwelling unit for the elderly on R-1 Zoned lots with a
Conditional Use Permit.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.08.140 B.,
and repealing Section 17.08.140 C. relative to additional Dwelling
Units on Lot.
Bakersfield, California, May 26, 1982 - Page 18
185
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.27.026 of the
Bakersfield Municipal Code by adding
Subsection (12) relative to Outside
Storage of Irrigation Pipe as use
subject to Conditional Use Permit in
C-2 Zone.
This ordinance was recommended by the Planning Commission
in response to a request by Martin-Mcintosh Engineers and will
allow outside storage of irrigation pipe in C-2 Zones with a
Conditional Use Permit.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.27.026 of
the Bakersfield Municipal Code by adding Subsection (12) relative
to Outside Storage of Irrigation Pipe as use subject to Conditional
Use Permit in C-2 Zone.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Title
17 of the ~4unicipal Code changing the
Land Use Zoning of that certain
property in the City of Bakersfield,
located approximately one-half mile
west of entrance to Kern Canyon on
the north side of State Route 178,
approving the Preliminary Development
Plan and making findings in connection
with P.C.D. Zone.
The application for this amendment was made by Dale G.
Scales and would change subject property from an R-1 (One Family
Dwelling) and R-2 (Limited Multiple Family Dwelling) Zones to a
P.C.D. (Planned Commercial Development) Zone, for an exclusive
private resort with 31 suites.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.06.020 of
Title 17 of the Municipal Code changing the Land Use Zoning of that
certain property in the City of Bakersfield, located approximately
one-half mile west of entrance to Kern Canyon on the north side of
State Route 178, approving the Preliminary Development Plan and
making findings in connection with P.C.D. Zone.
Bakersfield, California, May 26, 1982 - Page 19
Adoption of Resolution No. 56-82 of
the Council of the City of Bakers-
field proposing proceedings for
annexation of territory to the City
of Bakersfield, identified as
Annexation No. 284 (Kern City No. 2).
On March 17, 1982, the City Council adopted Resolution
No. 27-82, approving amended annexation boundaries to an original
annexation application (Kern City No. 2), submitted to the Local
Agency Formation Commission (LAFCO). However, due to the expiration
of the 30-day period allowed for the City of Bakersfield and County
of Kern to resolve future property tax distribution, the Executive
Officer of LAFCO has requested that the City resubmit the Kern
City No. 2 Annexation Application to LAFCO.
Upon a motion by Councilman Payne, Resolution No. 56-82
of the Council of the City of Bakersfield proposing proceedings
for annexation of territory to the City of Bakersfield, identified
as Annexation No. 284 (Kern City No. 2), was adopted by the
call vote:
Councilmen Christensen, Means,
Strong, Barton
None
None
following roll
Ayes:
Noes:
Absent:
Payne, Ratty, Rockoff,
Adoption of Resolution No. 57-82 of
the Council of the City of Bakers-
field approving and adopting
policies of the Planning Commission
for projects subject to Site Plan
Review.
This resolution approves and adopts, as City policy,
those policies that have been adopted by Planning Commission
Resolutions No. 33-82, 34-82, 35-82, 36-82 and 37-82. These
policies were compiled and presented to the Council pursuant to
Recommendation No. la of Business Development and Parking Committee
Report No. 5-82 regarding Site Plan Review Ordinance and Resolution
on Policies and Objectives.
Upon a motion by Councilman Payne, Resolution No. 57-82
of the Council of the City of Bakersfield approving and adopting
Bakersfield, California, May 26, 1982 - Page 20
187
policies of
Plan Review,
Christensen, Means, Payne,
Strong, Barton
Ayes: Councilmen
Noes: None
Absent: None
the Planning Commission for projects subject to Site
was adopted by the following roll call vote:
Ratty, Rockoff,
Adoption of Resolution No. 58-82 of
the Council of the City of Bakers-
field adopting Fee Schedule for
processing applications for Site
Plan Review.
This resolution was prepared pursuant to Recommendation
2 in Business Development and Parking Committee Report No. 5-82
Payne, Ratty, Rockoff,
Approval of Plans and Specifications
for improvement of Bernard Street,
between Union Avenue and Goodman
Street, and Funding for Modification
of Traffic Signal System and
Channelization at the intersection
of Union Avenue and Bernard Street.
The improvement of Bernard Street is budgeted in the
current fiscal year. A more detailed analysis of the traffic
signal operation at the intersection of Union Avenue and Bernard
Street indicates that modification of the signal system and
channelization is desirable due to the school pedestrian crossings.
Modification is not budgeted in the current fiscal year, but should.
be done concurrently with the paving project.
The Public Works Department recommends that savings from
completed street projects be used to make the necessary signal
modifications.
Ayes: Councilmen Christensen, Means,
Strong, Barton
Noes: None
Absent: None
the following roll call vote:
No.
regarding Site Plan Review Ordinance and Resolution on Policies and
Objectives, presented to the Council on April 28, 1982.
Upon a motion by Councilman Payne, Resolution No. 58-82
of the Council of the City of Bakersfield adopting Fee Schedule
for processing applications for Site Plan Review, was adopted by
188
Bakersfield, California, May 26, 1982 - Page 21
The Engineer's estimate for completing all the improve-
ments, including Lhe signal modification, is $143,000. $113,000
is budgeted in the current fiscal year for the street improvements.
Suf£icient funds are available in Account No. 56-79500-293, due to
savings on completed street improvement projects.
Upon a motion by Councilman Payne, Plans and Specifications
for improvement of Bernard Street, between Union Avenue and Goodman
Street, was approved; and funding from Account No. 56-79500-293 for
modification of traffic signal system and channelization at the
intersection of Union Avenue and Bernard Street, was approved.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 11:25 P.M.
ATTEST:
CITY CLERK an~ Ex O'f~icio Clerk of the Council
of the City of Bakersfield, California
ma
Calif.
Bakersfield, California, June 9, 1982
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., June 9, 1982.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and a moment of silent prayer.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Means, Ratty, Rockoff, Strong
Barton, Christensen
Absent: Councilman Payne
Minutes of the regular meeting of May 19, and 26, 1982,
were approved as presented.
Mayor Shell presented Assistant City Manager of Finance,
Mr. W. D. Higginbotham, with the Certificate of Conformance in
Financial Reporting from the National Municipal Finance Officer
Association, which is the highest form of recognition in governmental
accounting and financial reporting.
SCHEDULED PUBLIC STATEMENTS
Ms. ~ary Copelin, Alliance for Survival, 37 Panorama Drive,
spoke to the Council regarding concerns of the effect of a nuclear
attack.
Mr. Rick E. Moses, 3125 19th Street, requested the Council
consider Creative Development Through Art as a project eligible for
Community Development Block Grant Funds for Fiscal Year 1982-83.
Upon a motion by Councilman Strong, request from Creative
Development Through Art for consideration of Community Development
Block Grant Funds for Fiscal Year 1982-83, was referred to the Budget
Review and Finance Committee.
~r. Phil Masonheimer and Mr. Ron Sharp, representing the
Bakersfield Lions Club - Blind Fund, requested an extension of time
to obtain a Fireworks Stand Permit.
Upon a motion by Councilman Rockoff, extension of time for
obtaining a Fireworks Stand Permit was granted to the Bakersfield
Lions Club - Blind Fund.
190
Bakersfield, California, June 9, 1982 - Page 2
Mr. Randy Freeman, 7001 Altaville Lane, presented to the
Council petitions representing 430 signatures of residents in the
Amberton area requesting the Council form a Maintenance District.
Upon a motion by Councilman Means, the petitions requesting
formation of a Maintenance District were referred to the City
Attorney's Office for validation.
Public Works Director Hawley explained to the Council the
proposed tentative agreement between Tenneco and the City of Bakers-
field, for the development of a drainage sump on property on the
north side of Truxtun Avenue, presently owned by the City of Bakers-
field, just south of the proposed levee and bike trail. This sump
would serve the area south of Truxtun Avenue, recently rezoned for
industrial development, presently owned by Tenneco Realty Develop-
ment Corporation. It will be necessary for the area south of Truxtun
to have drainage as it is developed, therefore, the area north of
Truxtun Avenue could be utilized for that drainage.
Councilman Means stated that the Informal Committee that
has been working with Tenneco and Amberton residents approves.allow-
ing Tenneco use of the area north of Truxtun as a sump in exchange
for donation of land in the Amberton area for use as a park.
Public Works Director Hawley stated that the normal agree-
ment with the City requires the developer provide on-site drainage
or connect to some existing drainage plan. The industrial develop-
ment on the south side of Truxtun would require a sump 1.75 to 2
acres in size. The proposed sump on the north side of Truxtun would
be 1.75 acres.
Councilman Means made a motion to approve the tentative
agreement with Tenneco Realty Development Corporation, to allow
Tenneco the use of property north of Truxtun Avenue for a drainage
sump in exchange for donation of land in Amberton for use as a park,
subject to the Council's approval of the formation of a Maintenance
District, for the park, after a public hearing at a later date;
requested an excerpt of any restrictions on the land from the original
Bakersfield, California, June 9, 1982 - Page 3
i. 91_
agreement of the acquisition of this property from Tenneco; appraisal
of all the properties involved; and any other information Councilmen
may request. This motion passed unanimously.
Mr. Ralph Anthony, President of the Lakeview Community
Development Corporation, 411 Lakeview, submitted to the Council a
request for Community Development Block Grant Funds.
Upon a motion by Councilman Strong, request by the Lakeview
Community Development Corporation for Community Development Block
Grant Funds was received and referred to the Budget Review and Finance
Committee.
CORRESPONDENCE
Upon a motion by Councilman Means, communication from Thomas
S. Pilchowski, with Millard, Stack & Stevens, a Law Corporation,
Suite 3000, First Interstate Tower, 707 Wilshire Boulevard, Los
Angeles, dated May 20, 1982, regarding a complaint against a local
business, was received and referred to the Better Business Bureau of
South Central California and the Bakersfield Police Department.
Councilman Ratty stated he felt the entire issue of Cox
Cable service should be referred to a Committee, that there has been
a continuing problem with this franchise and that the company is not
being as responsive to the people to solve the problems as they should
be. He stated that this franchise is making good money and the problems
are in management and perhaps the Council should hold a public hearing.
He further stated he could sympathize with the people's complaints,
his own television service had been cut off, even though the bill had
been paid. He was told a lot of people had been disconnected in error.
His personal experience was that you cannot reach Cox Cable by telepone
because all their lines are tied up with complaints, and after several
days of trying, he went in person to the office and found a line out
the door with all the appearances of a disaster. He feels this is
mismanagement and that if they cannot do the job, the City should
sell the franchise to someone else.
Councilman Christensen stated that he too had received a
large number of complaints regarding Cox Cable service and that he
would like to know what it would require to take the franchise or
bring them to Court.
19'2
Bakersfield, California, June 9, 1982 - Page 4
City Attorney Oberholzer stated that the City's agreement
with Cox Cable provides that they will provide service equivalent
to the state of the art in the industry and if they are not doing
this, then the Council can take action on the franchise. There was
a recent decision from the Supreme Court with respect to the ability
to control cable television companies whenever you get into a sit-
uation of anti-trust action. The cities could be liable to an ant~-
trust action. The impact of that decision is still unknown. If
this Council wishes to proceed, it would be under the present fran--
chise agreement with Cox Cable and the City could require them to
show they are providing the service as required under that agreemerit.
City Attorney Oberholzer further stated that in the process
of going to Court, the City would need proof that Cox Cable is not
providing service equivalent to the state of the art. He stated
that it would be appropriate to call in a representative of Cox Cable
to explain why they are not providing the service.
City Manager Kelmar stated that Cox Cable has been going
through a lot of change to try to upgrade the system, and that he
would suggest that this issue be referred to Business Development
and Parking Committee in order to find out exactly what is going or~.
Upon a motion by Councilman Ratty, communication from Ms.
Patricia Bunyard, 2609 Century Drive, dated May 26, 1982, regarding;
a complaint against Cox Cable TV, (Bakersfield Cable Television),
and the issue of service by Cox Cable TV be received and referred to
the Budget Review and Finance Committee.
Upon a motion by Councilman Rockoff, communication from
Mr. Michael D. Cutbirth, General Partner, Planz Village Development
Company, P.O. Box 1864, Bakersfield, dated June 2, 1982, requesting;
financial assistance for the Planz Village Community Center locatedl
at the southeast corner of Planz and Stine Road, was received and
referred to the Budget Review and Finance Committee for study and
recommendation.
Bakersfield, California, June 9, 1982 - Page 5
.93
Upon a motion by Councilman Means, communication from
Mary K. Shell, Chairman, Board of Trustees, of the City of Bakers-
field's Relief and Pension Fund for the Fire Department, dated
June 3, 1982, regarding granting additional benefits to retirees,
was received and referred to the Governmental Efficiency and Personnel
Committee for study and recommendation.
Communication was received from Robert N. Klein, II, Tom~Lr
Klein Financial Group, 2115 Kern Street, Fresno, dated June 7, 1982,
regarding request for Multi-Family Rental Housing Revenue Bonds -
Quailwood Project.
Mr. Robert Klein, representing Tomar Klein Financial Group
and the Guimarra Family, spoke before the Council and requested the
adoption of an Inducement Resolution for Multi-Family Rental Housing
Revenue Bonds for the Quailwood Apartment Project.
Councilman Rockoff asked Mr. Klein if there was a time
element involved in this request.
Mr. Klein stated that this project is on a Tenneco Land
Sales Agreement where they have performance dates. He stated the
project is on its last time extension and Tenneco has stated they
would not give any further extensions of time. If construction is
not started this week, they could possibly l~s~ the land.
Mr. Klein stated that the purpose of this inducement reso-
lution is to preserve the opportunity or chance that these multi-
family rental units might be financed by tax exempt revenue bonds.
He stated that in the supplementary letter handed out to the Council
tonight, it specifically states that, the first phase of 64-units is
the main concern. The inducement resolution only covers the other
phases in that we have off-site work, curb & gutter, etc. that would
have to be constructed with the first phase. The other phases are
not to be built until 1983 and 1984. He further stated it is very
clear to Tomar Klein Financial Group that there is no moral or legal
obligation on the part of the City of Bakersfield, to approve the
project for bonds or to actually issue those bonds. That decision will
be made in the future when the city has received its final report from
194
Bakersfield, California, June 9, 1982 - Page 6
staff. Further, Tomar Klein does understand that there are new pro-
posed Treasury Department regulations affecting this type of project
and they would conform to those regulations if this inducement reso-
lution is adopted.
Councilman Rockoff asked Mr. Klein if, the inducement
resolution were not approved at tonight's meeting, what effect it
would have on this project.
Mr. Klein stated that possibly they would lose the land,
if construction were not started this week. This inducement reso-
lution does nothing to bind the City and we will proceed with con-
struction at our risk on the financing, because the City may decide
not to issue bonds, or not approve this project for those bonds.
The inducement resolution only gives the opportunity to participate.
Councilman Rockoff stated, that because the City does not
wish the resolution to be legally or morally binding, if this reso--
lution were approved tonight, it would be approved on the condition
that there would be no moral or legal obligation on the part of the
City.
City Attorney Oberholzer stated that the resolution pro-
posed by bond counsel contains a provision that, if bonds are issued,
this project would qualify and the money would then be directed
to this project. He further stated that he would recommend to get
around the problem that a provision be included that this is all
subject to approval of the project by the City Council and subject
to reaching an acceptable agreement between the City and the
Developer. He stated he did not know what this would mean subject
to the project qualifying. He stated he is not bond counsel and
bond counsel ultimately makes that decision. He stated he discussed
this language with Mr. Klein earlier this week.
Mr. Klein stated that the language of the resolution as
stated by City Attorney Oberholzer was acceptable.
City Manager Kelmar stated that he is not bond counsel,
but he was somewhat aware of certain restrictions from the time a
bond is sold until those funds have to be committed, expended, or
something of that nature.
Bakersfield, Cali£ornia, June 9, 1982 - Page 7
i95
Mr. Klein stated that a bond issue is on a tight time
restraint in that once bonds have been issued, the projects selected
to utilize those bonds must do so within 36 months. He stated under
an inducement resolution we're not under that time restraint.
City Manager Kelmar stated that in terms of the magnitude
of the bond issue, what Mr. Klein's project amounts to is over one
third of the total bond issue.
Mr. Klein stated that the inducement resolution only pre--
serves the opportunity for the entire project, which would be built
out over a period of three to four years, which amounts to 30 to 40
million dollars. If only Phase I is financed in that bond issue,
it is for 2 million dollars, which is one seventeenth of the bond
issue. Mr. Klein further stated that they would feel fortunate if
Phase I is approved for inclusion in this bond issue, and more so
if they approve more than one phase, but they also understand that
possibly none of the project may be included in the bond issue.
Councilman Rockoff stated that he wanted to be sure that
Tomar Klein understood that none of the phases may be included in
this bond issue.
Adoption of Resolution No. 59-82 of
the Council of the City of Bakersfield
stating its intention to authorize and
issue Revenue Bonds for Multi-Family
Rental Housing and authorizing the
execution and delivery of a Memorandum
of Inducement and Intent between the
City and Quailwood Properties.
Upon a motion by Councilman Rockoff, communications from
Robert N. Klein, II, Tomar Klein Financial Group, 2115 Kern Street,
Fresno, dated June 7, 1982 and June 9, 1982, regarding request for
Multi-Family Rental Housing Revenue Bonds - Quailwood Project was
received and placed on file; and Resolution No. 59-82 of the Council
of the City of Bakersfield stating its intention to authorize and
issue Revenue Bonds for Multi-Family Rental Housing and authorizing;
the execution and delivery of a Memorandum of Inducement and intent:
between the City and Quailwood Properties,
roll call vote:
Ayes:
Noes:
Absent:
Councilmen Means,
None
Councilman Payne
was adopted by the fol~¢,wing
Ratty, Rockoff, Strong, Barton, Christensen
196
Bakersfield, California, June 9, 1982 - Page 8
from Mr.
1982, regarding
Street, was
agreement.
Upon a motion by Councilman Christensen, communication
Ed Rodgers, Auctioneer, 2413 Spruce Street, dated June 8,
rent proposal of City property at 16th and "S"
received and the Mayor authorized to enter into a
COUNCIL STATEMENTS
Councilman Barton expressed his concerns regarding Senate
Bill 2089, which would place LAFCO under direct control of the Boa:cd
of Supervisors. He stated he would like the City of Bakersfield,
through the Office of the Mayor, to correspond to each member of the
Senate Local Government Committee to oppose Senate Bill 2089.
Adoption of Resolution No. 60-82,
of the Council of the City of
Bakersfield opposing Senate Bill
2089.
Upon a motion by Councilman Barton, Resolution No. 60-82.
of the Council of the City of Bakersfield opposing Senate Bill 2089,
was adopted by the following roll call vote:
Ayes Councilmen Means, Ratty, Rockoff, Strong, Barton,
Christensen
Noes None
Absent: Councilman Payne
Councilman Means made a motion to direct the City.of
Bakersfield to pursue all appropriate means to attempt to remove
property owners in the City of Bakersfield from the Kern County
Water Agency Zone of Benefit No. 1; and request the City Attorney
provide an outline of the steps required for this action.
Councilman Christensen asked what the specific steps are
to remove the property owners in the City of Bakersfield from the
Kern County Water Agency Zone of Benefit No. 1.
Councilman Means stated that because the City does not have
the power to remove the property owners in the City of Bakersfield
from the Kern County Water Agency Zone of Benefit No. l, he felt
the first step would be to appear before the Kern County Water
Agency at their hearing in October and make that request. If the
Water Agency does not grant that request, then appear before the
Bakersfield, California, June 9, 1982 - Page 9
i97
or not take action,
no power to remove
No. 1.
Kern County Board of Supervisors in November. If the Board of Super-
visors does not agree with the City's request, the City would then
take it to Court to show that the property owner is not receiving
the benefit.
Councilman Ratty stated he was not in agreement with the
wording of Measure B on the ballot and he felt Measure B was an
Advisory Measure to allow the citizens of Bakersfield the opportunetry
to advise the Board of Supervisors they do not wish to be a part
of the Kern County Water Agency Zone of Benefit No. 1. He further
stated he did not feel it was the Council's intent to be going to
the Water Agency, Board of Supervisors, or the courts on this issue.
He stated he would like the Council to adopt a Resolution advising
the Board of Supervisors of the result of the election.
Councilman Ratty made a substitute motion that the CounciL1
advise the Board of Supervisors that the City has had an advisory
election and the people voted in favor of removing property owners
in the City of Bakersfield from the Kern County Water Agency Zone of
Benefit No. 1. (This motion later failed to pass by a vote of 5 to 1.
In answer to a question, City Attorney Oberholzer stated,
in regard to Measure B, he had written in his Impartial Analysis o:~
Measure B the Council could take action on the results of the election
but is under no legal obligation. The Council has
the City's property owners from the Zone of Benefit
In response to a question by Councilman Means, City Attorney
Oberholzer stated the steps as outlined by Councilman Means are
steps the City can take to carry out the action referred to in Measure
B. In regard to a law suit, if the City's analysis of the Zone of
Benefit No. i Tax does not justify
recommend not doing so.
Councilman Means' motion
to pursue all appropriate means to
in
the City going to Court, he wou~[d
the City of Bakersfield
to direct the City of Bakersfield
attempt to remove the property owners
from the Kern County Water Agency Zone of
198
Bakersfield, California, June 9, 1982 - Page l0
Benefit No. 1 and request the City Attorney provide an outline of
the steps required for this action passed, with Councilman Ratty
voting in the negative.
Councilman Christensen requested Staff furnish a report
to the Council at the meeting of June 23, 1982 on the question,
What has happened to the new Federalism and how is it going to
affect the City?
Councilman Means stated he wanted the record to show his
support of the appointment by Councilman Ratty of Mr. James S.
Camp to the Planning Commission.
Mayor Shell advised the Council a musical rock star
scheduled to perform in Bakersfield in June sometimes makes it a
practice to bite the head off a bird during or at the conclusion
of his performance. She stated that according to the City Attorney,
there is currently no law prohibiting this practice, therefore she
would like to ask the Council to consider adoption of an Emergency
Ordinance prohibiting this action.
Adoption of Emergency Ordinance No. 2749,
of the Council of the City of Bakersfield
adding Chapter 6.20 to the Bakersfield
Municipal Code relative to maiming, injur-
ing or killing of animals.
Upon a motion by Councilman Christensen, Emergency
Ordinance No. 2749, of the Council of the City
Chapter 6.20 to the Bakersfield Municipal Code
injuring or killing of animals, was adopted by
call vote:
Ayes: Councilmen Means, Ratty, Rockoff,
Christensen
Noes: None
Absent: Councilman Payne
Councilman Rockoff stated he would
correspond with this musical rock star,
Emergency Ordinance.
of Bakersfield adding
relative to maiming,
the following roll
Strong, Barton,
like to see staff
and advise him of the
Bakersfield, California, June 9, 1982 - Page ll
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 6436 to 6622, inclusive,
in the amount of $1,038,827.57.
(b) Claim for Damages from Jerry L. Coble, Rt. 10,
Box 521, Bakersfield. (Refer to City Attorney)
(c)
Application for Leave to Present Late Claim
for Damages and Personal Injuries, from
Melanie Hanson, 3600 Dana Street, Apartment
"D", Bakersfield. (Refer to City Attorney)
(d)
Claim for Damages from Margarita A. Neito and
Antonio Hernandez, 1125 Brundage Lane, Bakers-
field. (Refer to City Attorney)
(e)
Claim for Damages from George and Patricia
Olson, sponsors of Valley Empire Productions,
c/o J. Steven Worthley, 531C North Alta
Avenue, Dinuba. (Refer to City Attorney)
(f)
Claim for Personal Injuries from James Keith
Rummell, 2625 Edwards, Bakersfield. (Refer
to City Attorney)
(g)
Claim for Damages from Cheryl Gay Sanford,
4701 Columbus #D, Bakersfield. (Refer to
City Attorney)
(h)
Claim for Damages from Mr. Peter Anthony Anaya,
3801Wible Road, #7, Bakersfield. (Refer to
City Attorney)
(i)
Street Right-of-Way Deed from Loma Vista
Construction for additional right-of-way for
a portion of a Fairview Road east of Hughes
Lane, as required by the Planning Commission
for Tentative Tract No. 4181.
(J)
Storm Drain Easement from Frank A. Collins,
Virginia Collins, Francis Marion Collins,
Shirley J. Collins, George W. Nickel, Jr.,
Adele R. Nickel, Dean A. Gay, and Adah Mae
Gay, providing storm drain easement as
required by the development of Parcel Map
No. 6288, located south of Highway 178 and
west of Kern Canyon Road.
(k)
Storm and Sewer Line Easements from Challenge
Builders and Genevieve Myers and Hilltop
Developers, Inc., located north of Panama
Lane and east of South "H" Street, are
necessary for the construction of storm drain
lines and sewer lines within the Fairview Road
Public Improvement District.
(i)
Public Parking Easement from Nickel Enterprises,
for use in conjunction with Public Access
Easement to Kern River, in final satisfaction
of the reasonable access requirements of the
Subdivision Map Act in relationship to Tract
No. 4179-A.
200
Bakersfield, California, June 9, 1982 - Page 12
(m)
(n)
(o)
(P)
(q)
(r)
(s)
(t)
Notice of Completion and Acceptance of
Work for construction of chain link and
barbed wire fence along Kern River Canal,
Contract No. 82-44 with Torres Construction
Company.
Notice of Completion and Acceptance of Work
on resurfacing Real Road, California,
Oleander and North Chester Avenues, Contract
No. 81-189, with Granite Construction Company.
Map of Tract No. 4355, Unit "B", being developed
by The Living Trust of Chester L. Jest and
Clella M. Jest of 1978, Eugene H. Feil and
Julia R. Feil, located south of North Half Moon
Drive on the east side of Barrington Street,
consists of 17 lots on 1.6 acres of land.
Application for Encroachment Permit from Country
Meadows Homeowners' Association, Inc., 4601
Harris Road, for approval for the construction
of a privately owned and maintained street
light within the right-of-way of Harris Road.
Application for Encroachment Permit from
Ronald T. Young, 3200 Dore Drive, for approval
of the construction of a 4 foot chain link
fence along back of existing sidewalk at 3200
Dore Drive.
Application for Encroachment Permit from
Robert A. Castro, 1600 Beale Avenue, for
approval of the construction of chain link
fence at the back of walkway on 1600 Beale
Avenue on Quincy Street.
Contract Change Order No. 1 to Contract No.
82-20 with E & S Electrical Construction
for Construction and Modification of various
traffic signal systems (Wilson Avenue and New
Stine Road). This change order, in the amount
of $2,875.00, provides for the relocation of an
existing catch basin in order to provide room
for signal pole foundation. Underground
utilities conflicted with the pole location shown
on the plans. Sufficient funds are available
in Fund No. 34-79975 for the changes.
Contract Change Order No. I to Contract No. 82-61
with E & S Electrical for traffic signals at 17th
Street and "F" Street; Baker and East Truxtun
Avenue; and Beale Avenue and East 19th Street.
This change is necessary due to the existing
pull boxes being too small to accept the addi-
tional conduits and wires to be installed for
the modification of existing signals. The amount
of the change order is $1,400.00. The funds are
available from savings on completed projects in
Fund No. 35-79975-292.
Bakersfield, California, June 9, 1982 - Page 13
201
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 Means, Ratty, Rockoff,
Noes None
Absent: Councilman Payne
ACTION ON BIDS
Upon a motion by Councilman Means,
Strong, Barton, Chrisl;ensen
usual bidding require-
ments were dispensed with, in accordance with Section 5.20.060 of
the Municipal Code and the Finance Operations Manager was authorized
to negotiate a price with Motorola Communications for three mobiIe
radios for the Police Department within the amount budgeted,
($4,200).
DEFERRED BUSINESS
Adoption of Ordinance No. 2750 New
Series of the Council of the City
of Bakersfield amending Sections
12.56.100 B. and 12.56.110 B. of the
Municipal Code relative to City Park
Reservation Policy.
Upon a motion by Councilman Rockoff, Ordinance No. 2750
New Series b£ the Council of the City o£ Bakersfield amending
Sections 12156.100 B. and 12.56.110 B. of the Municipal Code relative
to City Park Reservation Policy was adopted by the following roll
call vote:
Ayes: Councilmen Means, Ratty, Rockoff, Strong, Barton, Christensen
Noes: None
Absent: Councilman Payne
Adoption of Ordinance No. 2751 New
Series o£ the Council of the City of
Bakersfield amending Section
17.08.140 B. and repealing Section
17.08.140 C. relative to additional
dwelling units on lot.
Bakersfield, California, June 9, 1982 - Page 14
202
Upon a motion by Councilman Ratty, Ordinance No. 2751
New Series of the Council of the City of Bakersfield amending
Section 17.08.140 B. and repealing Section 17.08.140 C. relative
to additional dwelling units on lot was adopted by the following
roll call vote:
Ayes:
Councilmen Means, Ratty, Rocko£f, Strong, Barton,
Christensen
Noes: None
Absent: Councilman Payne
Adoption of Ordinance No. 2752 New
Series of the Council of the City
of Bakersfield amending Section
17.27.026 of the Bakersfield Municipal
Code by adding Subsection (12) relative
to outside storage of irrigation pipe as
use subject to Conditional Use Permit
in C-2 Zone.
Upon a motion by Councilman Means, Ordinance No. 2752
New Series of the Council of the City of Bakersfield amending
Section 17.27.026 of the Bakersfield Municipal Code by adding
Subsection (12) relative to outside storage of irrigation pipe
as use subject to Conditional Use Permit in C-2 Zone, was adopted
by the following roll call vote:
Ayes
Councilmen Means, Ratty, Rockoff, Strong, Barton,
Christensen
Noes None
Absent: Councilman Payne
Adoption of Ordinance No. 2753 New
Series of the Council o£ the City of
Bakersfield amending Section
17.06.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of
that certain property in the City of
Bakersfield, located approximately one-
half mile west of entrance to Kern
Canyon on the north side of State
Route ~78, approving the Preliminary
Development Plan and making findings
in connection with P.C.D. Zone.
Bakersfield, California, June 9, 1982 - Page 15
203
Upon a motion by Councilman Rockoff, Ordinance No. 2573
New Series of the Council of the City of Bakersfield amending
Section 17.06.020 of Title 17 of the Municipal Code changing the
Land Use Zoning of that certain property in the City of Bakersfield,
located approximately one-half mile west of entrance to Kern Canyon
on the north side of State Route 178, approving the Preliminary
Development Plan and making findings in connection with P.C.D. Zone,
was adopted by the following roll call vote:
Ayes
Councilmen Means, Ratty, Rockoff, Strong, Barton,
Christensen
Noes None
Absent: Councilman Payne
NEW BUSINESS
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield commonly known as 108 Eye
Street.
The application for this amendment was made by Gerald
Clifford and would change subject property from an R-3 (Limited
Multiple Family Dwelling) Zone to an R-3-P (Limited Multiple
Family Dwelling-Automobile Parking) Zone.
The Planning Commission recommended approval of the
amendment.
First reading was considered given an Ordinance amending
Tit~e Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of that certain property in the City
of Bakersfield commonly known as 108 Eye Street.
Approval of Agreement of Cooperation
between the City of Bakersfield and
the County of Kern for the purpose of
financing home mortgages through the
sale of a Single Family Mortgage Bond
Issue with respect to property within
the City and authorizing the execution
thereof.
The County is requesting of those cities having projects:
located in them that a Cooperation Agreement be executed to assure.
their inclusion in the bond program. The agreement makes it possible
for loans to be originated in the City utilizing bond proceeds. The
204
Bakersfield, California, June 9, 1982 - Page 16
dollar amounts eligible for use in the City are tied directly to
the projects located in the City and identified in the feasibility
study. The agreement does not make the City liable, either legally
or morally for repayment of the bonds.
Upon a motion by Councilman Strong, Agreement of Coopera-
tion between the City of Bakersfield and the County of Kern for tile
purpose of financing home mortgages through the sale of a Single
Family Mortgage Bond Issue with respect to property within the
City and authorizing the execution thereof was approved by the
following roll call vote:
Councilmen Means, Ratty,
Christensen
Ayes:
Noes:
Absent:
Rockoff, Strong, Barton,
None
Councilman Payne
Adoption of Resolution No. 61-82
of the Council of the City of
Bakersfield making findings with
respect to reasonable public access
within a reasonable distance of
Tract Map No. 4179-A.
The final portion of land providing access to the Kern
River in the vicinity of Subdivision Tract No. 4179-A was accepted
by the City Council at this meeting. This resolution makes the
appropriate findings and authorizes the City to allow recordation
of the final map for Subdivision Tract No. 4179-A.
Upon a motion by Councilman Rockoff, Resolution No. 61-82
of the Council of the City of Bakersfield making findings with
respect to reasonable public access within a reasonable distance of
Tract Map 4179-A, was adopted by the following roll call vote:
Ayes Councilman Means, Ratty, Rockoff, Strong, Barton
Noes
Absent:
Abstaining:
None
Councilman Payne
Councilman Christensen
Acceptance of the completed Fair-
haven Water System pursuant to
Agreement No. 80-36 ("Agreement
for the Acquisition, Construction,
Operation and Financing of the
Fairhaven Water Distribution System").
Bakersfield, California, June 9, 1982 - Page
205
The Fairhaven Industrial Fire Protection District Board
has completed the water system and has taken action to transfer the
system to the City of Bakersfield in accordance with Agreement
No. 80-36.
Upon a motion by Councilman Barton, the completed Fair-
haven Water System, pursuant to Agreement No. 80-36 ("Agreement for
the Acquisition, Construction, Operation and Financing of the Fair-
haven Water Distribution System"), was accepted by the following
roll call vote:
Ayes: Councilmen Means, Ratty, Rockoff, Strong, Barton,
Christensen
Noes None
Absent: Councilman Payne
Rate Schedule for the Fair-
haven Water Service Area
Upon a motion by Councilman Barton, Rate Schedule for
the Fairhaven Water Service Area was adopted by the following roll
call vote:
Ayes: Councilmen Means, Ratty, Rockoff, Strong, Barton,
Christensen
Noes: None
Absent: Councilman Payne
Approval of Pipeline License Agree-
ment between the City of Bakersfield
and Getty Oil Company
This agreement grants Getty Oil Company a License for a
petroleum products pipeline to convey oil across and within street
right-of-way along Getty Street, Pierce Road and Gulf Street. This
agreement also specifies Getty Oil Company's responsibilities, and
acceptance of liabilities relating to the pipeline, and provides for
payment to the City of $5,000.00 for the 35-year license.
Upon a motion by Councilman Christensen, Pipeline License
Agreement between the City of Bakersfield and Getty Oil Company
was approved and the Mayor was authorized to execute same.
2O6
Bakersfield, California, June 9, 1982 - Page 18
Approval of Contract for independ-
ent services between the City of
Bakersfield and Musicians' Union
Local 263 in connection with summer
recreation program.
This contract is a renewal of the 1981 contract to
provide nine band concerts at Beale Park between June 13 and
~ugust 8, 1982.
Upon a motion by Councilman Christensen, Contract for
independent services between the City of Bakersfield and Musicians'
Union Local 263 in connection with summer recreation program was
approved and the Mayor was authorized to execute the same.
Approval of Agreement with Tumblin
Construction Company for water
service in the Fairhaven Water System.
This agreement provides the terms and conditions for
installation of water facilities for domestic, industrial and
fire protection uses to 1.5 acres, located at the north end of
Standard Street, adjacent to Freeway 99. The developer is respon-
sible for constructing approximately 310 feet of 12" AC water mair~
to the property, plus a connection fee of $3,000 per acre.
Upon a motion by Councilman Barton, Agreement with
Tumblin Construction Company for water service in the Fairhaven
Water System was approved and the Mayor was authorized to execute
same.
Approval of Special Facilities
Agreement for water facilities in
Tracts 4188, 4189, and 4190.
This agreement provides the terms and conditions for
installation of a well, storage tank, distribution system, and
related water facilities within the tracts. The cost of the well
and storage tank is estimated at $310,500. The City will pay
$14,000 toward the cost and the developer will pay the remaining
amount of $396,500. These facilities are oversized to serve
properties adjacent to the tracts. As these adjacent properties
are connected to the water system, the City will collect connection
Bakersfield, California, June 9, 1982 - Page
207
fees to reimburse the City the $14,000 and to reimburse the developers
of Tracts 4188, 4189, and 4190 a sum up to $142,848. These tracts
are located south of Stockdale Highway, west of Allen Road. The
City's share will be paid from Domestic Water funds, as authorized
by the Council on December 16, 1981.
Upon a motion by Councilman Barton, Special Facilities
Agreement for water facilities in Tracts 4188, 4189, and 4190 was
approved and the Mayor was authorized to execute same.
Acceptance of proposed Stipulated
Court Order regarding Sewer Treat-
ment Plant No. 3.
The City and County have negotiated a stipulated Court
Order to be issued for the control of odors emanating from Sewer
Treatment Plant No. 3. This Order provides that the City will
increase the oxygen to be added to the ponds so that the total
oxygen addition will be ten thousand (10,000) pounds per day.
Public Works Director Hawley reported to the Council that
based on the current flows and loadings being received at Sewer
Treatment Plant No. 3, the City's Plant No. 3 Consultant and he
were in agreement that a minimum of 10,000 pounds of oxygen be
added to the oxidation ponds each day until Anheuser-Busch is
separated from the treatment plant. The City's agreement with
Anheuser-Busch gives them until February. 1983 to complete their
work. However, the current plan is to start the separation of was~te
in September and be completed by December. The current system of
oxidation in the ponds, the Hines System, provides 2,500 pounds of
oxygen a day. The new aerators to be installed soon under an existing
contract will provide an additional 2,500 pounds for a total of
5,000 pounds of oxygen a day. During the interim period from now
until Anheuser-Busch completes their separation of waste, the City
can provide the additional oxygen needed by adding chemicals, such
as calcium nitrate or by providing additional aerators and paying
the additional electrical costs. The chemical method of providing
oxygen wou~d cost $1,600 per day. Providing the aerators ~s by far
the most cost-effective method. The City's consultant has located
208
Bakersfield, California, June 9, 1982 - Page 20
two sources of aerators that will meet our needs. The four new
25-horsepower aerators can be purchased from a plant in Rockford,
Illinois for $25,000; air freight to Bakersfield would cost $5,000;
and installation would cost $5,000; for a total cost of $35,000.
These aerators are available now and can be installed by July 1.
Public Works Director Hawley then requested authorization be given
to purchase the aerators immediately, that the Council waive the
usual bidding requirements and authorize the Finance Operations
Manager to negotiate a price with Richard of Rockford for the
purchase of four 25-horsepower aerators and to approve a budget
transfer of $35,000 from the electrical operating account in the
Wastewater Division.
Upon a motion by Councilman Barton, Acceptance of pro-
posed Stipulated Court Order regarding Sewer Treatment Plant No. 3
was approved and the City Attorney authorized to execute the same.
Upon a motion by Councilman Strong, usual bidding require-
ments were dispensed with in accordance with Section 5.20.060
of the Municipal Code and the Finance Operations Manager was
authorized to negotiate a price with Richard of Rockford for four
25-horsepower aerators and a budget transfer of $35,000 from the
Electrical Operating Account was authorized.
HEARINGS
This is the time set for continued public hearing on an
Appeal by Maranatha Video Games, to the decision of the Board of
Zoning Adjustment denying an application for a Conditional Use
Permit requested by Richard Lee Hixson to allow the parking of a
trailer and the operation of ten video games contained on said
trailer located within the parking lot of Juanito's Mexican Food
Restaurant in a C-2-D (Commercial-Architectural Design) Zone,
affecting that certain property in the City of Bakersfield commonly
known as 4675 Ming Avenue.
This hearing was duly advertised, and the property
owners notified as required by law.
Bakersfield, California, June 9, 1982 - Page
209
This hearing was c'~ntinued from the Council meeting of
May 19, 1982, and referred to the Business Development and Parking
Committee for study and recommendation.
Business Development and Parking Committee Chairman
Barton reported to the Council that the Committee has met with the
applicant, but has not reached a decision, and would like to schedule
another meeting to continue to study this matter, and therefore,
asks the Council's indulgence to continue this public hearing until
the Council meeting of June 23, 1982.
Upon a motion by Councilman Christensen, continued public
hearing on an Appeal by Maranatha Video Games, to the decision of
the Board of Zoning Adjustment denying an application for a Condi-
tional Use Permit requested by Richard Lee Hixson to allow the pa:ck-
ing of a trailer and the operation of ten video games contained on
said trailer located within the parking lot of Juanito's Mexican
Food Restaurant in a C-2-D (Commercial-Architectural Design) Zone:,
affecting that certain property in the City of Bakersfield commonSLy
known as 4675 Ming Avenue, was continued to the Council Meeting of
June 23, 1982.
ADJOURNMENT
There being no further business to come before the Council,
upon a motion by Councilman Strong, the meeting was adjourned at
10:15 P.M.
ATTEST:
CITY CLERK arid Ex?Officio Clerk of the
of the City of Bakersfield, California
Council
CW
210
Bakersfield, California, June 23, 1982
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., June 23, 1982.
The meeting was called to order by Mayor Shell,
by the Pledge of Allegiance and Invocation by Mayor Shell.
followed
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Payne, Rockoff, Strong (seated
at 8:10 P.M.), Barton. Christensen, Means
(seated at 9:15 P.M.)
Absent: Councilman Ratty
SCHEDULED PUBLIC STATEMENTS
Mr. Michael Thompson, Chairman of the Kern-Inyo District
Associated General Contractors, 18851 James Road, spoke to the
Council regarding the cost of public employees performing certain
types of work versus the City contracting with private business.
Upon a motion by Councilman Barton, the subject of con-
tracting with the private sector for certain types of work and Mr.
Thompson's written comments, were referred to the Business Develop-
ment and Parking Committee.
Mr. Doug Wilson, Kern County Young Republicans, 1716
Maurice Street, requested a time extension for applying for a
Fireworks Stand Permit for the Kern County Young Republicans.
Upon a motion by Councilman Rockoff, extension of time
for obtaining a Fireworks Stand Permit, was granted to the Kern
County Young Republicans.
Mrs. Lynn Hubbard, 1908 Belle Terrace,
at Roosevelt School, requested that the Council an ordinance
regulating access to video game arcades during school hours and
the proximity of arcades to school premises.
Upon a motion by Councilman Rockoff, the request for an
ordinance to regulate access to video game arcades during school
hours and the proximity of arcades to school premises, was referred
to the Business Development and Parking Committee for study and
recommendation.
Instructional Aide
adopt
Bakersfield, California, June 23, 1982 - Page 2
211
Mr. William J. Hickey, American Entertainment Association,
spoke to the Council regarding video games. Mr. Hickey stated he
is opening a new video center that will include educational games
and that students will be required to have permits from their schoc~ls
to enter the center.
Mr. Ken Schreiber, 4619 Wilson Road, stated that he has
been in the video game business since January, 1982, and has had
only two instances when students were found in his business estab-
lishment during school hours. Mr. Schreiber stated he would welcome
an ordinance regulating student access.
Mr. Charles Drew, 10621 Meacham, President of the Kern
Farmers' Market Association, stated that following last year's
success with the Second Bakersfield Certified Farmers' Market in
Oildale at the Senior Adult Center, it was decided to try to locate
in the southwest area, close to Kern City, because of the senior
adult population in that area. The Farmers' Market and Rosewood
Retirement Community have reached an agreement to hold a Certified
Farmers' Market on their grounds, north of the high-rise building
along Sundale Avenue. After applying for a Business License, he
was notified that a Certified Farmers' Market could not operate in
Rosewood's R-3 Zone. Mr. Drew requested enactment of an ordinance
that would allow a Certified Farmers' Market to operate within
certain commercial and residential zones, and that the requirement
for a Conditional Use Permit be waived, if at the time of application
the sponsoring agency has obtained favorable signatures from the
businesses and residents within 300 feet of the proposed location.
The season for the Farmers' Market will
and if they are to operate it this year,
by the end of July,
In answer
Attorney Oberholzer
takes 45 days because of a required public hearing.
go half way through September,
it would have to be started
at the latest.
to a question by Councilman Christensen, City
explained the process for a Conditional Use Peri, it
After the
Bakersfield, California, June 23, 1982 - Page 3
public hearing, there is a required 10 day waiting period in which
time any person has the right to appeal the decision of the Board
of Zoning Adjustment. A Zoning Ordinance first goes to the Planning
Commission for a hearing, and then would take from 60 to 90 days
for the ordinance to be adopted. An Emergency Ordinance, in respect
to amending zoning laws, is governed by State Law, and requires a
public hearing. A Zoning Ordinance affects more people than just
an individual piece of property. It also affects the surrounding
area and neighbors. They have to be given the opportunity to speak
in opposition to the change
Ordinance would violate the
properties.
if they so desire. An Emergency
due process for those neighboring
In answer to a question by Councilman Payne, City Attorney
Oberholzer explained the alternatives available. The present
Zoning Ordinance does not allow commercial use of property in
Residential Zones. Rosewood Retirement Community is an R-3,
Residential Zone, and a Farmers' Market would be a commercial use.
The appropriate zone for commercial use is a C-1 Zone. There is
a general provision under Conditional Use Permits that gives the
Board of Zoning Adjustment the authority to allow any use in any
zone if it makes the appropraite findings. Mr. Drew could apply
for a Conditional Use Permit on behalf of the Certified Farmers'
Market. City Attorney Oberholzer stated he felt the Board of
Zoning Adjustment would probably deny a Conditional Use Permit for
a Farmers' Market in a Residential Zone unless there was a policy
statement by the Council to indicate their wish to change the course
of the present Zoning Ordinance.
Councilman Barton asked Mr. Drew if there is a parcel of
property near the Rosewood Retirement Communit~ that is zoned C-l,
that could be utilized for the Farmers' Market until the Zoning
Ordinance is amended or a Conditional Use Permit can be processed
for the Rosewood location.
Bakersfield, California, June 23, 1982 - Page 4
213
action,
Council
Farmers'
Permit.
Mr. Drew stated his main concern was locating the market
in close proximity to Rosewood Retirement Community, because o£
the senior adult population there, and he would look into the
surrounding area for a C-1 zoned property that could be utilized
until the Conditional Use Permit is processed. He stated he would
like to work on this problem on a long-range basis, so if someone
wanted to go into a church, etc., also zoned residential, that
this would become an allowable use at some future date.
Councilman Payne stated he is supportive of an initiative,
ordinance, or merely policy statement on behalf o£ this
to change the existing Zoning Ordinance to permit a Certified
Market in an R-3 Zone upon issuance of a Conditional Use
Councilman Rockoff stated he is very sympathetic to this
particular use of this R-3 zoned property, but concerned about an
ordinance that is going to give an "Okay" to using all R-3 property
for this purpose. He stated he would support an ordinance for this
particular situation, but not an ordinance that gives blanket approval
for commercial use on all R-3 zoned property.
Ms. Rudi Spain, Director o£ Resident Services at Rosewood
Retirement Community, stated she supports Mr. Drew's proposal for
a Certified Farmers' Market to be located on Rosewood Retirement
property. If it is not feasible to have the market this year, or
at the beginning of this season, they would be very happy to have
it later on or next year.
Former Councilman Walter Heisey spoke in support of the
Certified Farmers' Market located at Rosewood Retirement Community.
Councilman Means made a motion to amend the Zoning
Ordinance to allow, by Conditional Use Permit, a Certified Farmers'
Market to be placed in an R-3 Zone, where a retirement community
currently exists. After further discussion this motion was unanimously
approved.
214
Bakersfield, California, June 23, 1982 - Page 5
Mrs. Bettie Wells, Chairman of the Beautiful Bakersfield
Committee, reported that since the Committee was organized on April
28, 1981, they currently have fourteen active members, they have
been involved in numerous projects. Some of the projects include
a clean-up campaign, school essay competition between 5th and 6th
grades; school poster competition between 1st and 4th grades; a
photographic slide program for all ages, tree planting program,
and obtaining a nonprofit status. The clean-up campaign, which
began on April 1st has all the appearances of becoming a year-round
project and some of the organizations involved were: Teen Challenge,
Girl Scout Troop No. 133, Bakersfield Adventist Academy, Bakersfield
Kiwanis and Keywanettes, Cub Pack 104, North High Marine Jr. R.O.T.C.,
Car Clubs, and individuals, totaling 250 volunteers. The Committee
has given 123 Tee-Shirts with the Beautiful Bakersfield insignia,
totaling over $1,000.00. The Committee now has nonprofit status,
so all donations are tax deductible and there is no funding, so all
activities rely on volunteer donations.
The California Landscape Contractor's Association has
been most generous in their contributions for the tree planting
project and donated plans and materials for landscaping the Friend-
ship House, S.P.C.A. and Kern Youth Facility.
working with the Committee on landscaping at
Child Guidance Clinic.
The Committee requests
following requests:
1.
2.
They are currently
the Henrietta Weill
that the Council consider the
City Flag bearing the City Seal.
The predominate colors in the City Seal, Blue
and Gold or Yellow, become the official City
Colors.
Camellia become the official City Flower.
Western Robin become the official City Bird.
Mayor's Breakfast be held on January llth and
encourage a Proclamation for that date to be
designated Beautiful Bakersfield Day.
Honor Mayor Shell's Birthday on February 9th,
and have an Annual Awards Banquet with both
meritorious and wooden spoon awards.
Bakersfield, California, June 23, 1982 - Page 6
2,15
Upon a motion by Councilman Barton, requests of the
Beautiful Bakersfield Committee for a City Flag, Colors, Flower,
Bird, set aside January llth as Beautiful Bakers£ield Day and
February 9th as an Annual Awards Banquet, were referred to the
Budget Review and Finance Committee.
Mr. Bill Bonderov, Best Hotdog Company, Route 4, Box 415,
requested written permission from the Council to operate a food
cart on Truxtun Avenue in front of City Hall. The cart would be
operated on the sidewalk and removed at night for cleaning and
servicing. Mr. Bonderov stated he has a Health Permit and has
made application with the Board of Supervisors to sell in front of
the County Administration Building, but was denied because of
conflict with the blind vendors operating in the building. He
stated he has a trash bag and would be willing to pick up any
litter on the block.
Upon a motion by Councilman Strong, the request by Mr.
Bill Bonderov for written permission from the Council to operate a
food cart on Truxtun Avenue in front of City Hall, was referred to
the Business Development and Parking Committee for study and recom-
mendation back to the Council by the meeting of July 7, 1982.
Mrs. Jan Tillery, 4013 Adidas Avenue, spoke to the
Council regarding possible Building Code violations in her home.
City Attorney Oberholzer stated that Mrs. Tillery is
currently in litigation with the developer of her home and he did
not feel it appropriate for the Council to discuss the situation
in public. He further stated that Building Code violations are the
responsibility of the property owner and Mrs. Tillery's recourse
is to hold the developer responsible.
After a lengthy discussion, Councilman Barton made a
motion to adjourn to Executive Session in order to enable the
Council to become apprised of the situation.
Councilman Christensen offered a substitute motion that
the staff be requested to furnish the Council with a written report
21.6
Bakersfield, California, June 23, 1982 - Page 7
of the situation. The substitute motion failed to carry with
Councilmen Payne, Rockoff, Strong, Barton and Means voting in the
negative.
Councilman Barton's motion to adjourn to Executive
Session at the conclusion of tonight's agenda, was approved.
Councilman Christensen voted in the negative on this motion.
Mrs. Ruth Barnett, Vice-President of Lakeview Community
Development Corporation and Chairperson of the Lakeview Area Crime
Committee, stated, regarding the proposal by the Lakeview Community
Development Corporation per the recommendation of the Budget Review
and Finance Committee, they are directing their efforts to work
with City staff and the Bakersfield Police Department to develop a
plan of community involvement to control crime in the Lakeview area.
They wish to present a three-point plan directed toward Crime
Prevention, Security and Jobs for Youth.
Mr. Ralph Anthony, President of Lakeview Community
Development, presented the general overview of the plan to staff
for review and comment.
Mr. Marvin Dean and Mr. Tunney presented the Council with
a drawing of the Master Plan of Bakersfield.
CORRESPONDENCE
Upon a motion by Councilman Means, communication from
Mayor Glenn Olea, City of Seaside, dated May 26, 1982, regarding
opposition to the State's "Reverse Bailout" Budget Proposal, was
received and the Mayor was directed to send Mailgrams to Assembly-
men Don Rogers and Philip Wyman, Senator Walter Stiern and each
member of the Joint Conference Committee on the State Budget,
expressing the Council's opposition to the "Reverse Bailout"
Legislation.
Upon a motion by Councilman Rockoff, communication from
Assemblyman Don Rogers, dated June 4, 1982, in opposition to the
State Budget, was received and ordered placed on file.
Bakersfield, California, June 23, 1982 - Page 8
217
Upon a motion by Councilman Rockoff, communication from
Tracey Sweet, 1008 Noble Avenue, dated June 7, 1982, regarding
traffic laws, was received and referred to the Bakersfield Police
Department.
Upon a motion by Councilman Strong, communication from
John Jamison, 2615 Drake Street, dated June 7, 1982, urging removal
of pornography shops located in the downtown area, was received and
placed on file.
Upon a motion by Councilman Christensen, communication
from Marvin Bales, Tommy Pascuzzo and Glen Holt, 2519 South Chester
Avenue, dated June ll, 1982, requesting a 30 foot building set
back in the 2500 Block of South Chester Avenue, bordered by Wilson
Road on the north and Dorian Drive on the south, Lots 111 through
ll9, Tract No. 1541, was received and referred to the Planning
Commission for study and recommendation.
Upon a motion by Councilman Rockoff, communication from
Mr. Nicholas Panza, President of Goodwill Industries of Southern
California, dated June 14, 1982, requesting Council approval of an
amendment to the Zoning Ordinance that would allow the sale of used
items in a C-1 Zone upon issuance of a Conditional Use Permit, was
received and referred to the Planning Commission for study and
recommendation.
Upon a motion by Councilman Rockoff, communication from
Rickett, Ward & Delmarter, dated June 16, 1982, regarding offer to
dedicate park site located north of College Avenue, east of Fairfax
Road, was received and referred to the Planning Commission for study
and recommendation.
Upon a motion by Councilman Payne, communication from
Karpe Associates, Realtors, 4000 Ming Avenue, dated June 19, 1982,
requesting abandonment of a portion of McCall Avenue from Wible
Road east to Highway 99 Freeway, was received and referred to the
Planning Commission for study and recommendation.
Bakersfield, California, June 23, .1982 - Page 9
Upon a motion by Councilman Christensen, communication
from Ada R. Hill, 1113 West Point Drive, dated June 17, 1982,
requesting a General Plan Amendment for commercial use of property
located on the northwest corner of the intersection of Harris and
Stine Roads, was received and referred to the Planning Commission
for study and recommendation.
Councilman Christensen read a letter from Dorothy C.
Madigan, 1308 Telegraph Lane, dated June 18, 1982, and complaints
he received during the past ten days, into the record, as follows:
City Council
1501Truxtun Avenue
Bakersfield, California 93301
Re: Cox Cable
Gentlemen:
I address myself to you concerning the above
captioned.
The service - contrary to all reports that Cox
Cable is expanding and going to give better
service - i_~s no__t good.
About four or five weeks ago the reception was
terrible! I tried over three hours and the line
was either busy or off the hook. However, at
three minutes past five (they close at 5:00)
the answering service came on to say "they are
closed call in the morning." I did at 8:45 and
got the same busy signal.
Today 6/16/82 from 3:30 to 4:30 - again bad
reception. Left a message with someone who was
not a technician. On 6/17/82 had a call from
the Cable Co. that they were having trouble on
some of the lines & would be out to check them.
When asked what time, could not tell me exactly.
I told him I had appointments & shopping to do.
He then asked if I could do these after 1:00 P.M.
I waited until 1:45 & had to leave. Apparently
they never came because I was back at 2:45 &
there was no notice they had been here.
I feel if Cox Cable is not in a position to
give good service to the City subscribers,
their license should be suspended or/and
introduce a little competition.
Yours truly,
Dorothy C. Madigan
cc: J.M. Christensen
Councilman Ward 2
Bakers£ield, California, June 23, 1982 - Page l0
2!9
"Why in the hell don't they serve the community?"
"I want redress against Cox Cable TV. They
even raised the rate $2.00 last month."
"They treat you like a leper."
"The girls are insulting."
"The girl called me a liar."
"A bunch of jackasses, who are most inconsiderate,
are running the outfit."
"No answer to telephone calls. You can wear
your ear out and get no place fast."
"They are a lousy outfit. At 7:30 A.M. pounding
on the wall of my home, didn't even knock on
the door to let you know."
"They give no service. The phone should be
answered."
"The Manager thinks complaints are funny and
laughs and hangs up. It is their job to
answer complaints."
"It is impossible to get through to the office."
"Too damn much flicker and snow."
"It's the pits."
Councilman Christensen made a motion to direct the Mayor
and City Attorney to write the home office of Cox Cable TV setting
forth the complaints, and if no successful response is obtained
within ten days, the City is to bring legal action against them
and not wait 18 months.
After discussion, Councilman Rockoff offered a substitute
motion that the Mayor and City Attorney be directed to write the
home office of Cox Cable TV setting forth the complaints and ask
for a favorable response.
City Attorney Oberholzer stated the motion by Councilman
Christensen is inappropriate because of the term "Legal Action."
There are specific provisions that have to be followed before you
can institute any action in court. The memorandum sent to each
Councilman explains the procedures and the first step is a public
hearing to allow Cox Cable TV to appear before the Council.
22O
Bakersfield, California, June 23, 1982 - Page ll
Councilman Rockoff's substitute motion that the Mayor
and City Attorney be directed to write the home office of Cox
Cable TV setting forth the complaints and ask for a favorable
response, was approved. Councilman Christensen abstained from
voting on the motion.
Upon a motion by Councilman Means, communication from
Dorothy C. Madigan, 1308 Telegraph Lane, dated June 18, 1982,
regarding a complaint against Cox Cable TV, was received and
referred to the Budget Review and Finance Committee.
Upon a motion by Councilman Strong, communication from
the Bakersfield Association for Retarded Citizens, 2240 South Union
Avenue, dated June 18, 1982, regarding B.A.R.C.'s lease of part of
the Bakersfield Senior Center property on 4th Street, was received
and referred to the Intergovernmental Relations Committee.
Upon a motion by Councilman Rockoff, copy of Western
Union Mailgram, dated June 18, 1982, from the Bakersfield Chamber
of Commerce to Senator Ken Maddy, Member of the Conference Committee
on the Budget, encouraging the Conference Committee not to use the
"Deflator Mechanism" in solving current State budgetary problems,
was received and ordered placed on file.
Upon a motion by Councilman Payne, communication from
Mrs. J. C. Ohanneson, 1301 New Stine Road, #910, dated June 20,
1982, requesting favorable consideration of request to allow a
Farmers' Market at Rosewood Gardens on Sundale Avenue, was received
and ordered placed on file.
Upon a motion by Councilman Rockoff, communication from
Mr. Ralph Fruguglietti, Airport Bus of Bakersfield, Inc., dated
June 22, 1982, submitting proposal to rent thirty (30) spaces in
the parking lot located at 23rd and "I" Street, from the City, was
received and referred to the Business Development and Parking
Committee.
Bakersfield, California, June 23, 1982 - Page 12
221
upon a motion by Councilman Payne, communication from
Lawton Powers, Inc., 2204 19th Street, dated June 22, 1982, re-
garding offer to purchase the K" Street Parking Garage, was
received and referred to the Redevelopment Agency.
Upon a motion by Councilman Payne, communication from
the California Energy Commission, llll Howe Avenue, Sacramento,
dated May 28, 1982, regarding model ordinance to provide guidance
to loca~ jurisdictions on issues and alternatives for installation
of wind energy conversion systems, was received and referred to
staff.
COUNCIL STATEMENTS
Councilman Means announced his appointment of Mr. Gonzalo
Ramirez, 4021 University Avenue, to the Bakersfield Crime Commission.
Upon a motion by Councilman Barton, continued public
hearing on an Appeal by Maranatha Video Games, to the decision of
the Board of Zoning Adjustment denying an application for a Condi-
tional Use Permit requested by Richard Lee Hixson to allow the
parking of a trailer and the operation of ten video games contained
on said trailer located within the parking lot of Juanito's Mexican
Food Restaurant in a C-2-D (Commercial Architectural Design) Zone,
affecting that certain property in the City of Bakersfield commonly
known as 4675 Ming Avenue, was continued to the Council Meeting of
July 7, 1982, for a recommendation from the Business Development
and Parking Committee.
Councilman Christensen thanked Assistant City Manager -
Finance Higginbotham for the report provided on the status of
"New Federalism."
REPORTS
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 18-82 regarding Community
Development Block Grant Application, as follows:
The Community Development Block Grant Appli-
cation for fiscal year 1982-83 has been reviewed
by this Committee. Along with the application,
Bakersfield, California, June 23, 1982 - Page 13
the Committee also reviewed three requests for
funding from nonprofit organizations and re-
viewed the past Council policies regarding the
use of such funds. Under this policy, there
are four elements which a requesting agency
must meet in order to have their funding
request considered. They are as follows:
The applicant must qualify under one of
the following categories:
Private nonprofit entity organized to
promote and undertake Community Develop-
ment activities.
bo
Neighborhood based nonprofit organiza-
tion, a majority of whose membership
clientele or governing body is com-
prised of residents of the neighborhood
to be served.
A small business investment company
organized under the Small Business
Investment Act of 1958; or
A local development corporation organized
pursuant to applicable Federal or State
regulations.
The applicant agency must demonstrate that
the proposed project qualifies for funding
as a basic eligible activity under the
Community Development Block Grant regulations.
Applicants for funds must demonstrate that
the project to be undertaken supports the
Comprehensive Strategy set forth in the
three year plan adopted by City Council on
May 16, 1979, and any updates to that
strategy subsequently approved by Council.
Additionally, approval of such requests will
be subject to the availability of Community
Development funds in any program year within
the City's priorities. We are currently in
the process of writing a new three year plan
which will be presented to Council during
the first half of the fiscal year 1982-83.
Projects will be limited to one-time funding
in any program year. No ongoing multi-year
funding requests will be considered.
Similarly, no requests for maintenance and
operating expenses will be considered for
any project or organizations.
The three requests for Community Development
Block Grant funding are as follows:
St. John Manor Housing Corporation amended
their original request for a $100,000 pre-
development loan to a request for the pro-
vision of offsite improvements for their
Senior Citizen Housing Project in an amount
Bakersfield, California, June 23, 1982 - Page 14
o
not to exceed $30,000. They have applied
for a $55,000 predevelopment loan from the
State to pay up-front costs for those items
than can be reimbursed through the project
loan proceeds.
The Committee feels that this request is
within the scope of present services being
provided in the community such as curbs
and gutters, fire system upgrades and
street lighting. St. John Manor has indi-
cated that they will refund any of the
expenditures of grant money that become
eligible for reimbursement from their loan
proceeds.
Creative Development Through Art has
requested an $80,000 grant to be used as
start-up capital £or a County-Wide Program
to promote self development and the develop-
ment of independent living skills for the
physically and mentally handicapped using
art as a developmental tool.
The Committee was concerned with this pro-
posal as it was a request for funds to
provide services contrary to Council policy
and the recipients were from throughout the
County. Based on our concern, Creative
Development has indicated they would like to
modify their proposal and present it to the
Committee next week. As this presentation,
they are requested to document the avail-
ability of funding from the Kern County
Development Department. Also, they are to
provide information showing the majority of
the recipients of their services will be
residents of the City of Bakersfield.
Lakeview Community Development Corporation
is requesting $50,000 to be used as money
to capitalize their group for the purpose
of conducting economic and social develop-
ment programs in Census Tract 22.
The Committee recognizes the need for re-
vitalization of Census Tract 22. However,
the lack of experience of this group in
comparison to the broad scope of activities
they desire to undertake causes us some
concern regarding their ability to administer
such a varied program. The Lakeview Community
Development Corporation was advised to focus
their efforts on one area of operation, being
crime prevention. They were further advised
to modify their proposal to service this
activity with definite goals and objectives.
Since the group is not a legally nonprofit
corporation, they were advised to complete
the steps necessary to become one and submit
the documents along with their revised
proposal.
The interim revisions to the Block Grant
Application process establishes a 30 day
'224
Bakers£ield, California, June 23, 1982 - Page 15
review period before new program year
funding can be encumbered. Approval of the
application tonight will provide for the
release of funds through a letter of credit
by July 25, 1982. The final statement of
projected uses for fiscal year 1982-83
Block Grant Funds will contain a provision
to respond to the £inal actions on the
request for funding by the Lakeview Com-
munity Development Corporation and Creative
Development Through Art.
The final statement of the projected uses of the
fiscal year 1982-83 Block Grant Funds is attached
to the report:
Therefore, it is recommended that:
The request by St. John Manor Housing
Corporation be approved.
o
Actions on the requests by Lakeview Com-
munity Development Corporation and Creative
Development Through Art be deferred until
this Committee's review of the resubmittal
of their proposals.
The fiscal year 1982-83 Block Grant Appli-
cation be approved for submission to HUD
for funding.
The Policy in Committee Report No. 17-80
on requests for Community Development Funds
from outside organizations be adopted as a
continuing policy.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 18-82 regarding Community Development
Block Grant Application, was accepted; and recommendations as
outlined in the report, were approved.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 19-82 regarding a Request for
Extension of Agreement by Tommie Townsend for New Construction
Incentive Program, as follows:
On July 29, 1982, Mr. Townsend entered into an
agreement with the City to participate in the
New Construction Incentive Program. The con-
tract contains a performance condition that
states the following:
"Should the contractor retain title
to any parcel conveyed to the con-
tractor pursuant to this agreement,
on a date six (6) months from the
date of this agreement, the contractor
shall, within ten (10) days of such
date, pay off the City's deed of
trust for the full value."
The six month period expired February l, 1982.
Due to an administration change, the contract
was not reviewed until May, at which time it
was discovered that action on this provision
had not occurred. On May 10, 1982, a letter
Bakersfield, California, June 23, 1982 - Page 16
was sent to Mr. Townsend informing him of this
condition. The letter resulted in Mr. Townsend's
request for an extension, which was referred to
this Committee for review and recommendation.
The Committee met with Mr. Townsend on June 10,
1982, at which time it was confirmed that five
of the ten units had cleared escrow. Although
these units cleared after the expiration date
of the agreement, the Committee recommends that
no action be taken against these five units.
However, an amendment to the agreement should
be executed to reflect this change.
As for the other five units, Mr. Townsend
indicated that three of the units would close
escrow by Wednesday, June 16th. The Committee
agreed that if escrow closed by the above date,
that no action would be taken against those
units as well as the first five. The remaining
units would fall under the terms of the contract
and require repayment of the City's cost for the
lots, which is $6,000 each. It was also
decided that Mr. Townsend should repay the land
cost on all the remaining lots, if none were
closed by the June 23rd Council Meeting.
Therefore, it is recommended that:
The original agreement be amended to
reflect an extension to May 31, 1982, for
the following five lots that have closed
escrow:
a. Lots 5 and 6, Block 9, Sunset Tract.
b. Lot 87, Tract 1286.
c. Lot 88, Tract 1286.
d. Lot 89, Tract 1286.
e. Lot 104, Tract 1232.
The City Attorney be authorized to proceed
to collect $6,000 for each lot that title
is retained by the contractor as of June
23, 1982.
Councilman Rockoff made a motion to accept Budget Review
and Finance Committee Report No. 19-82 regarding a Request for
Extension of Agreement by ?ommie Townsend for New Construction
Incentive Program, be accepted; original agreement be amended to
reflect an extension of time to May 31, 1982, for the five lots
that have closed escrow, and one lot currently in escrow, if it
closes escrow within two days; and the contractor be required to
reimburse the City for four lots at $6,000 each for a total of
$24,000.
'2'26
Bakersfield, California, June 23, 1982 - Page 17
Councilman Barton offered a substitute motion to grant
a two weeks extension of time to Mr. Townsend, close escrow on the
three remaining lots and reimburse the City under the provisions
of the contract for the two remaining lots at $6,000 each for a
total of $12,000.
Mr. Townsend consented to
contract and agreed to pay the City
the amendment of the original
the $6,000 per lot, if he is
unable to complete the transaction within two weeks.
Councilman Barton's substitute motion to grant a two
weeks extension of time to Mr. Townsend, close escrow on the three
remaining lots and reimburse the City under the provisions of the
contract for the two remaining lots at $6,000 each for a total of
$12,000, was unanimously approved.
City Manager Kelmar reported that, due to uncertainties
as to when a decision will be made at the State level and not
knowing what that decision will be, it is suggested that Budget
Hearings be deferred until July 27, 28 and 29, 1982, to allow time
for staff to develop options and alternatives for Council considera-
tion and also give Council time to analyze all the alternatives. It
is also suggested that Council adopt a resolution authorizing
budget expenditures to continue into the 1982-83 Fiscal Year at
the same
for July
Adoption of Resolution No. 62-82 of
the Council of the City of Bakers-
field extending the level of service
for the period July l, 1982 through
July 31, 1982.
Upon a motion by Councilman Barton, Resolution No. 62-82
of the Council of the City of Bakersfield extending the level of
service for the period July 1, 1982 through July 31, 1982, was
adopted by the following roll call vote:
level as the 1981-82 Fiscal Year.
Councilman Barton made a motion to set Budget Hearings
27, 28 and 29, 1982. This motion was unanimously approved.
Rockoff,
Strong, Barton, Christensen,
Ayes: Councilmen Payne,
Means
Noes: None
Absent: Councilman Ratty
Bakersfield, California, June 23, 1982 - Page 18
The
(a)
(b)
(c)
(d)
(e)
CONSENT CALENDAR
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 6623 to 6979,
inclusive, in the amount of $1,345,554.89.
Claim for Personal Injuries from Michael
John Medina, 511 Water Street, Bakersfield.
(Refer to City Attorney)
Claim for Personal Injuries from Lawrence
Allen Fairbanks, by and through his
Guardian ad Litem, Susanne D. Rowley, 123
Miner Street, Bakersfield. (Refer to
City Attorney)
Contract Change Order No. 1 to Contract
No. 81-190, with Granite Construction
Company for construction of Truxtun Avenue
Extension, Phase III, between Westwind
Drive and "H" Street. The Change Order
is necessary because quantities received
were greater than estimated. The increases
in Roadway Excavation and Imported Borrow
were due to the discovery of an additional
layer of existing asphalt, which had to be
removed and replaced. The increase in
asphalt concrete was due to the paving of
unanticipated areas adjacent to the project.
In addition, there were other miscellaneous
increases. The total amount of the Change
Order is $36,708.94, which represents 5.8%
of the total contract. Sufficient funds
are available from savings in other projects
in Account No. 56-79500-293.
Contract Change Order No. i to Contract
No. 82-73, with Granite Construction
Company for resurfacing Auburn Street
between Oswell Street and La Costa Street.
The Change Order is necessary because of
a conflict between the Auburn-Oswell
Traffic Signal and the Auburn Street
Resurfacing Project. The work consists
of removing the median island and minor
electrical modifications, which were pro-
posed to be done with the Traffic Signal
Project. Availability of materials for
the signals will delay the project until
after the resurfacing project is completed.
Constructing the median island and electrical
modi£ications will cause damage to the
newly resurfaced street; therefore, it is
proposed to delete this work from the Signal
Project and add it to the Resurfacing Project.
Funds are available from savings in com-
pleted projects, Account No. 56-79500-293
and funds which were proposed to be used on
the Signal Project are available for this
change. The cost of the change is $11,000.
Bakersfield, California, June 23, 1982 - Page 19
(f)
(g)
(h)
(i)
(J)
(k)
1)
(m)
Agreement with Producers Cotton Oil Company
for completion of crops, Garone Lease
(Sewer Farm No 2). This agreement gives
Producers Cotton Oil Company the right to
crops grown on the farm as security for
crop financing.
Map of Tract No. 4179 "A" being developed
by Rio Bravo #1, a Joint Venture, located
on the east side of Rancheria Road, north
of the Kern River Bridge.
Map of Tract No. 4395 "B" and Improvement
Agreement with U. S. Home Corporation for
construction of improvements therein,
located on the east side of Dunsmuir Road
at Business Center Drive.
Notices of Completion and Acceptance of
Work on:
Resurfacing portions of Panorama Drive,
Loma Linda Drive, Beech, 30th and Flower
Streets, Contract No. 82-65 with Granite
Construction Company.
Tract No. 4188, Contract No. 81-95 with
the John Friis Jacobsen Living Trust,
located at Stockdale Highway, west of
Allen Road.
Tract No. 4289, Contract No. 81-67 with
Tenneco Realty Development Corporation,
located at Laurelglen Boulevard and E1
Portal Drive.
Parcel Map No. 6002, Contract No. 80-192
with Mercy Hospital, located at 16th Street,
east of "A" Street.
Application for Encroachment Permit from
Jessie Wimbley, 911 - 11th Street, for
construction of a 4 foot high chain link
fence along back of sidewalk at 911 11th
Street.
Application for Encroachment Permit from
Alvis H. West, 1212 White Lane, for con-
struction of 20 inch high decorative poles
behind back of sidewalk inside the chain
link fence at the northeast corner of
White Lane and Sandra Drive.
Application for Encroachment Permit from
Timothy M. Carter, 7801 Kamloops Drive,
for construction of a 3 foot high fence
from existing fence to back of sidewalk
on Creston Lane.
Application for Encroachment Permit from
B. G. Stewart, M.D., 2444 Spruce Street,
for construction of a 5 foot high fence-
wall behind sidewalk and carport support
posts on Lawn Street, Per Board of Zoning
Adjustment Modification 3778.
Bakersfield, California, June 23, 1982 - Page 20
'22'9
(n) Application for Encroachment Permit from
Mace J. Carter, 7713 Kamloops Drive, for
construction of a 3 foot high fence from
existing fence to back of sidewalk on
Creston Lane.
(o) Plans and Specifications for the Landfair,
Stonepine and Sundale Storm Drain Modifi-
cations.
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n) and (o) of
the Consent Calendar, were adopted by the following roll call vote:
Ayes: Councilmen Payne, Rockoff, Strong, Barton, Christensen,
Means
Noes: None
Absent: Councilman Ratty
ACTION ON BIDS
Upon a motion by Councilman Rockoff, low bid of Albro
Fire Equipment Company, in the amount of $40,000.00, for a Mini
Pumper Fire Truck, was accepted and the other bid rejected.
Upon a motion by Councilman Payne, low bid of Abate-A-
Weed, in the amount of $11,295.36, for Aquatic Weed Control Chemical
for the Agricultural Water Department, was accepted.
Upon a motion by Councilman Payne, low bids of Clow
Corporation (for one item), in the amount of $51,400.00, and Long
Beach Iron Works (for six items), in the amount of $47,940.00, for
Fire Hydrants and Burys, were accepted and all other bids rejected.
Upon a motion by Councilman Rockoff, low bid of A. C.
Electric, in the amount of $40,100.00, for Traffic Signal System
Modification at Columbus Street and Oswell Street; Mt. Vernon
Avenue and Columbus Street; and Ming Avenue and Wible Road, was
accepted, all other bids rejected and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Strong, low bid of B & B
Plumbing, in the amount of $40,182.46, for Storm Drains in Larson
and Della Streets, was accepted, all other bids rejected and the
Mayor was authorized to execute the contract.
Bakersfield, California, June 23, !982 - Page 21
Upon a motion by Councilman Barton, low bid of James G.
Francis, in the amount of $193,156.80, for South "H" Street
resurfacing between Ming Avenue and White Lane, was accepted, all
other bids rejected and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Strong, low bid of James G.
Francis, in the amount of $157,805.00, for improvement of Bernard
Street from Union Avenue intersection to 200 feet east of Goodman
Street, was accepted, all other bids rejected and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Means, low bid of James G.
Francis, in the amount of $168,316.00, for improvement of Sundale
Avenue, "Q" Street, Union Avenue and 30th Street, was accepted, all
other bids rejected and the Mayor was authorized to execute the
contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2754 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield commonly
known as 108 Eye Street.
The application for this amendment was made by Gerald
Clifford and would change subject property from an R-3 (Limited
Multiple Family Dwelling) Zone to an R-3-P (Limited Multiple
Family Dwelling - Automobile Parking) Zone.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2754 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakers£ield commonly
known as 108 Eye Street, finding said zoning consistent with the
Bakersfield, California, June 23, 1982 - Page 22
231
General Plan,
Ayes
Noes
Absent:
were adopted by
Councilmen Payne,
None
Councilmen Ratty,
the following roll call vote:
Rockoff, Strong, Barton, Means
Christensen
NEW BUSINESS
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of Bakers-
field commonly known as 2615 Eye
Street. (San Joaquin Community
Hospital)
The application for this amendment was made by San
Joaquin Community Hospital and would change subject property from
a C-0 (Commercial and Professional Office Zone to a HOSP (Hospita:_)
Zone.
First reading was considered given an Ordinance amending
Title Seventeen of the ~unicipal Code of the City of Bakersfield by
changing the Land Use Zoning of that certain property in the City
of Bakersfield commonly known as 2615 Eye Street.
Community ttospital).
Authorization Granted Finance
Operations Manager to Write-off
Uncollectable Accounts Receivable
and turn applicable accounts over
to City's collection agency for
further collection efforts.
(San Joaquin
tions Manager was authorized to write-off Uncollectable Accounts
Receivable totaling $8,489.55 and turn those applicable accounts
over to the City's collection agency for further collection efforts:.
Adoption of Resolution No. 63-82 of
the City Council designating persons
to perform various duties for special
assessment proceedings (Assessment
District No.
This resolution,
Council on March 17, 1982,
81-1)
continues the process initiated by the
and appoints J. Dale Hawley Superintend-
ent of Streets, as required for code-process compliance, and desig-
nates the Bakersfield Californian as the newspaper for publication
of required notices.
Upon a motion by Councilman Rockoff, the Finance Opera-
23'2
Bakersfield, California, June 23, 1982 - Page 23
The Assessment District is being formed for construction
of sanitary sewer facilities, storm drains, and water mains in an
area east of South "H" Street and north of Panama Lane.
Upon a motion by Councilman Payne, Resolution No. 63-82
of the City Council designating persons to perform various duties
for special assessment proceedings (Assessment District No. 81-1
was adopted by the following roll call vote:
Ayes: Councilmen Payne, Rockoff, Strong, Barton, Means
Noes: None
Absent: Councilmen Ratty, Christensen
Adoption of Resolution No. 64-82
of the City Council adopting a map
showing the general nature and
location of certain public works
of improvement and showing the pro-
posed boundaries of the Assessment
District to be assessed for said
improvement (Assessment District
No. 81-1).
This resolution formally adopts the boundaries of the
proposed Assessment District and directs recordation of the map
showing such boundaries. This resolution further establishes a
fund for deposit of proceeds of bond sale and cash contri-
special
butions.
Upon a motion by Councilman Payne, Resolution No. 64-82
of the City Council adopting a map showing the general nature and
location of certain public works of improvement and showing the
proposed boundaries of the Assessment District to be assessed for
said improvement (Assessment District No. 81-1) was adopted by
the following roll call vote:
Ayes: Councilmen Payne, Rockoff,
Noes: None
Absent: Councilmen Ratty, Christensen
Strong, Barton, Means
Bakersfield, California, June 23, 1982 - Page 24
'233
Adoption of Resolution of Intention
No. 953 of the City Council declar-
ing intention to order the construc-
tion of certain improvements together
with appurtenances in a proposed assess-
ment district pursuant to the provis-
ions of the "Municipal Improvement Act
of 1913"; declaring the work to be
of more than local or ordinary bene-
fit; describing the district to be
assessed to pay the costs and expen-
ses thereof; and providing for the
issuance of bonds (Assessment District
No. 81-1).
This resolution is a jurisdictional requirement under
the "1913 Act" declaring the Council's intent to order improvements
and issue bonds under the 1913 Act.
Upon a motion by Councilman Rockoff, Resolution of
Intention No. 953 of the City Council declaring intention to order
the construction of certain improvements together with appurtenances
in a proposed assessment district pursuant to the provisions of
the "Municipal Improvement Act of 1913"; declaring the work to be
more than local or ordinary benefit; describing the district to
be assessed to pay the costs and expenses thereof; and providing
for the issuance of bonds (Assessment District No. 81-1) was
adopted by the following roll call vote:
Ayes: Councilmen Payne, Rockoff, Strong, Barton, Means
Noes: None
Absent: Councilmen Ratty, Christensen
Adoption of Resolution No. 65-82
of the City Council passing on the
report of the Engineer, giving pre-
liminary approval and setting a
time and place for public hearing
(Assessment District No. 81-1).
This resolution gives preliminary approval to the Enginec. r's
report, cost estimates, the diagram referred to in the Resolution c.f
Intention, the proposed assessment upon the subdivisions in the
District, and maps and descriptions, sets a public hearing for
8:00 P.M. August 18, 1982, and directs the City Clerk to give
required legal notices.
234
Bakersfield, Cali£ornia, June 23, 1982 - Page 25
preliminary approval and setting a time and place
(Assessment District No. 81-1) was adopted by the
Upon a motion by Councilman Barton, Resolution No. 65-82
of the City Council passing on the report of the Engineer, giving
for public hearing
following roll
call vote:
Ayes:
Noes:
Absent:
Councilmen Payne, Rockoff, Strong, Barton, Means
None
Councilmen Ratty, Christensen
Adoption of Resolution No. 66-82
of the City Council referencing
prevailing wage scale and direct-
ing call for construction bids
(Assessment District No. 81-1).
This resolution is the formal action of the Council
authorizing bidding on the improvements within the proposed Assess-
ment District.
Upon a motion by Councilman Payne, Resolution No. 65-82
of the City Council referencing prevailing wage scale and directing
call for construction bids (Assessment District No. 81-1), was
adopted by the following roll call vote:
Ayes Councilmen Payne, Rockoff, Strong, Barton, Means
Noes None
Absent: Councilman Ratty, Christensen
Adoption of Resolution No. 67-82
of the City Council authorizing
the sale of special assessment
bonds to finance improvements in
a Special Assessment District
(Assessment District No. 81-1).
This resolution provides for issuance of bonds pursuant
to the "Improvement Bond Act of 1915" to finance improvements
within the district and requests submittal of a proposal from the
designated investment banker to set £orth formal terms and condi-
tions relating to the final sale of such bonds.
Bakersfield, California, June 23, 1982 - Page 26
235
Upon a motion by Councilman Payne,
of the City Council authorizing the sale of
bonds to finance improvements
(Assessment District No. 81-1)
call vote:
Ayes:
Noes:
Absent:
Resolution No. 67-82
special assessment
in a Special Assessment District
was adopted by the following roll
Strong, Barton, Means
Councilmen Payne, Rockoff,
None
Councilmen Ratty, Christensen
Approval of Cooperative Drainage
Agreement and Acceptance of Storm
Drain Easements between the City
of Bakersfield and Kern City Golf
Course, Inc. (Kern City), for storm
runoff within the Kern City Golf
Course through a Storm Drain System
and provides for elimination of three
existing Pump Stations.
Upon a motion by Councilman Means, Cooperative Drainage
Agreement between the City of Bakersfield and Kern City Golf Course,
Inc., (Kern City) for storm runoff within the Kern City Golf Course
through a storm drain system ~nd providing for elimination of three
existing pump stations was approved, and the Mayor was authorized
to execute same; and storm drain easements for the system were
accepted and the Mayor was authorized to execute same.
Approval of Agreement between the
City of Bakersfield and Catherine
I. Brundage for instruction in
aerobics.
This contract stipulates that Catherine I. Brundage is to
instruct students in the techniques of aerobics for a period of
ten weeks at California Avenue Park Neighborhood Facility. As an
independent contractor, she is to receive 80% of all fees collected.
Upon a motion by Councilman Strong, Agreement between
the City of Bakersfield and Catherine I. Brundage for instruction
in aerobics, was approved and the Mayor authorized to execute same.
Approval of Agreement between the
City of Bakersfield and Lynn H.
Dalm for instruction in dog
obedience.
Bakersfield, California, June 23, 1982 - Page 27
This contract stipulates that Lynn H. Dahm is to
instruct students in the techniques of dog obedience for a period
of eight weeks at Planz Park. As an independent contractor, she
is to receive 80% of all fees collected.
Upon a motion by Councilman Rockoff, Agreement between
the City o£ Bakersfield and Lynn H. Dalm for instruction in dog
approved the the Mayor was authorized to execute
Approval of Agreement between
the City of Bakersfield and
Judith L. Tregenza for instruc-
tion in calligraphy.
obedience, was
same.
This contract stipulates that Judith L. Tregenza is to
instruct students in the techniques o£ calligraphy for a period
of eight weeks at
As an independent
collected.
Holloway-Gonzales and Baker Street Libraries.
contractor, she is to receive 80% of all fees
Upon a motion by Councilman Strong, Agreement between
the City of Uakersfield and Judith L. Tregenza for instruction in
calligraphy, was approved and the Mayor authorized to execute same.
Approval of Agreement between
the City of Bakersfield and
Donald Towns for instruction
in creative drawing techniques.
This contract stipulates that Donald Towns is to instruct
students in the techniques of creative drawing for a period of six
weeks at the Northeast Library, Baker Library, Holloway-Gonzales
Library, and Castle School. As an independent contractor, he is
to receive 80% of all fees collected.
Upon a motion by Councilman Strong, Agreement between
the City of Bakersfield and Donald Towns for instruction in creative
drawing techniques, was approved and the Mayor authorized to
execute same.
Bakersfield, California, June 23, 1982 - Page 28
237
HEARINGS
This is the time set for public hearing before the
Council on an Appeal by Chris Parker to the decision of the Board
of Zoning Adjustment granting an application for a Conditional Use
Permit to J.P. Freer to allow Lhe sales and flying instruction of
ultralite aircraft in an R-S 2-1/2 A (Residential-Suburban Two and
One-Half Acre Minimum Lot Size) Zone affecting that certain property
in the City of Bakersfield commonly known as 11000 Kern Canyon Road.
This hearing has been duly advertised and the property
owners notified as required by law.
Mayor Shell declared the hearing open for public partici-
pation.
Mr. Chris Parker, speaking in support of the appeal,
expressed his concern that the safe operation of ultralite, motor-
ized hang gliders is jeopardized by the position of high voltage
power lines and other such distractions of navigation on training
grounds located at the Mesa Marin Sports Center. His main point
of concern is the beginner in the ultralite hang gliders. He stated
he received serious injuries when flying solo and struck high power
lines.
Mr. J.P. Freer, Quicksilver, spoke in opposition to the
appeal. Mr. Freer stated that he feels that Mr. Parker's accident
was a result of his making a solo flight before he had completed
the training.
Mr. Richard Hixson, spoke in opposition to the appeal.
He stated he has taken lessons at Quicksilver and he feels it is
a safe sport and safety oriented training is given.
Mr. A1 Perry, Mr. Jim Taylor, and Ms. Ronda Lamb also
spoke in opposition to the appeal.
Upon a motion by Councilman Means, Zoning Resolution
No. 290, of the Council of the City of Bakersfield denying Appeal
by Chris Parker to the decision of the Board of Zoning Adjustment
granting a Conditional Use Permit to J.P. Freer to allow sales of
and flying instruction for ultralite aircraft in an R-S 2-1/2 A
Bakersfield, California, June 23, 1982 - Page 29
(Residential-Suburban Two and One-Half Acre Minimum Lot Size)
Zone affecting property in the City of Bakersfield commonly known
as l1000 Kern Canyon Road, was adopted by the following roll call
vote:
Ayes: Councilmen Payne,
Noes: None
Absent: Councilmen Ratty,
This is the time
on an appeal by Michael D.
Rockoff, Strong, Barton, Means
Christensen
set for public hearing before the Council
Cutbirth to the decision of the Planning
Mr. Michael D. Cutbirth stated he is requesting, on behalf
of his company, as well as Vons and Longs Drugs, a left-turn move-
ment southbound onto Stine Road from the middle entry into the
shopping center, until such time as the Public Works Department
determines that a traffic signal is warranted at that location.
Councilman Payne stated there is a minimal amount of
traffic on this segment of Stine Road, between Planz and White
Lane, 8,000 vehicles per day at the present time, Predictions by
staff indicate by the year 2000 there will be a minimum of 38,000
vehicles per day. It is essential and logical that to attract
major tenants, they are going to have to be satisfied with the
ingress and egress of the shopping center. Therefore, a solution
would be to allow a left-turn movement from the center of the
shopping center for a period of six months after the date Public
Works Department has determined the need for a signal at that
location. Councilman Payne further stated the Developer will be
pat ion.
Commission regarding denial of a left turn movement onto Stine Road
from the shopping center, located in the City of Bakersfield at
the southeast corner of Planz Road and Stine Road.
This hearing has been duly advertised and the property
owners notified as required by law.
A letter has been received from Mr. Denis G. Cullumber,
Park West, dated June 10, 1982, in support of the appeal.
Mayor Shell declared the hearing open for public partici-
Bakersfield, California, June 23, 1952 - Page 30
239
responsible for the entire cost of modifying the median at the
end of the six month period.
Upon a motion by Councilman Payne, the request by Mr.
Michael D. Cutbirth to permit a left-turn movement from the center
of the shopping center onto Stine Road and from Stine Road to the
center of the shopping center, for a period of six months past the
time the City determines traffic warrants a signal at that location,
and to require the Developer to furnish a performance bond to ensure
the work will be accomplished, was approved by the following roll
call
Ayes
Noes
Absent:
vote:
Councilmen Payne, Rockoff, Strong, Barton, Means
None
Councilmen Ratty, Christensen
EXECUTIVE SESSION
Upon a motion by Councilman Means, the Council recesses
to an Executive Session at 12:40 P.M. to discuss possible litigation.
The regular meeting was reconvened at 1:08 A.M.
ADJOURNMENT
There being no further business to come before the Council,
upon a motion by Councilman Rockoff, the meeting was adjourned at
l:lO A.M.
MAYO~ C~y o~field,
CITY CLERK and/Ex Officio Clerk of the
Council of the City of Bakersfield, Calif.
Calif.
CW