HomeMy WebLinkAboutJULY - SEPT 1982240
Bakersfield, California, July 7, 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., July 7, 1982.
The meeting was called to order by Mayor Shell,
by the Pledge of Allegiance and a minute of silent prayer.
Present:
Absent:
followed
1982,
were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Berdell Dickinson, requested that the Council approve
Tract Nos. 4196 and 4197.
City Attorney Oberholzer and Public Works Director Hawley
stated, with the letter of credit submitted tonight by Mr.
the code requirements have been met on the two tracts.
Approval of Map of Tract No. 4196
and Improvement Agreement with B. L.
Dickinson, Inc., for construction
of improvements therein, located
northeast of Panorama Drive and
Fairfax Road.
Upon a motion by Councilman Rockoff, Map of Tract No.
4196 and Improvement Agreement with B. L. Dickinson, Inc., for
construction of improvements therein, located northeast of Panorama
Drive and Fairfax Road, were approved.
Approval of Map of Tract No. 4197
and Improvement Agreement with B. L.
Dickinson, Inc., for construction
of improvements therein, located
northeast of Panorama Drive and
Fairfax Road.
Upon a motion by Councilman Rockoff, Map of Tract No.
4197 and Improvement Agreement with B. L. Dickinson, Inc., for
construction of improvements therein, located northeast of Panorama
Drive and Fairfax Road, were approved.
The City Clerk called the roll as follows:
Mayor Shell.
None
Minutes of the regular meetings of June 9 and 23,
Councilmen Ratty, Rockoff, Strong, Barton,
Christensen, Means, Payne
Dickinson,
Bakersfield, California, July 7, 1982 - Page 2
241
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from the California Bowmen Hunters and State Archery Association,
6531 North College, Fresno, California, dated June 21, 1982, urging
the Council to reconsider the closure of the Bakersfield Archery
Range, was received and ordered placed on file.
Upon a motion by Councilman Ratty, communication from
the Downtown Business Association, dated June 22, 1982, requesting
a meeting with the Business Development and Parking Committee for
approval of the 1982-83 Downtown Improvement District Budget, was
received and referred to the Business Development and Parking
Committee.
Upon a motion by Councilman Payne, communication from
former Councilman Walter F. Heisey, Bakersfield Sandstone Brick
Company, dated June 24, 1982, commending the Council and staff for
the consideration extended to members and friends of the Rosewood
Retirement Community who appeared before the Council regarding a
Certified Farmers' Market, was received and ordered placed on file.
Upon a motion by Councilman Payne, communication from
First Federal Savings and Loan Association of Bakersfield, 1517 -
18th Street, dated June 28, 1982, regarding the City's Construction
Incentive Program, was received and ordered placed on file.
Upon a motion by Councilman Payne, communication from
Jan Tillery and Stephanie Moffitt, 4013 Adidas Avenue, submitting
their written questions as stated at the Council Meeting of June
23, 1982, regarding the enforcement of the Building Code, was
received and referred to the City Attorney.
Upon a motion by Councilman Ratty, communication from
Kidd's Communications, Inc., dated June 30, 1982, requesting
elimination of parking restrictions on the south side of the 200
Block of East 18th Street, was received and ordered placed on file.
(This matter was taken care of by the Traffic Engineer.)
Bakersfield, California, July 7, 1982 - Page 3
Upon a motion by Councilman Means, communication from
Rosewood Retirement Community, dated June 30, 1982, expressing
their gratitude for the Council's efforts in locating a Certified
Farmers' Market on their property, was received and ordered placed
on file.
Upon a motion by Councilman Christensen, communication
from John M. Gilchrist, President of East Bakersfield Associates
Ernest W. Hahn, Inc., General Partner, dated July 2, 1982, requesting
a General Plan Amendment to Segment IX of the 3-79 General Plan
Amendment for the Eastside Shopping Center, located in Northeast
Bakersfield, west of Oswell Street, south of Highway 178 and north
of Bernard Street, was received and referred to the Planning Com-
mission for study and recommendation.
Upon a motion by Councilman Rockoff, communication from
Bakersfield Association for Retarded Citizens, 2240 South Union
Avenue, dated July 6, 1982, urging the Council not to support the
proposed Creative Development Through Art Program with Community
Development Grant Funds, was received and ordered placed on file.
Upon a motion by Councilman Christensen, communication
from the Kern Audubon Society, P.O. Box 3581, Bakersfield, dated
July 7, 1982, requesting that the Police Pistol Range not be moved
to the Nomad Bowmen's Archery Range, was received and ordered
placed on file.
Upon a motion by Councilman Barton, communication from
Virginia Parsons, 1503-D Bear Mountain Road, Arvin, California,
dated June 26, 1982, expressing her view that video games are not
responsible for children's problems, was received, referred to the
Business Development and Parking Committee and staff was requested
to furnish copies to the Council and Mayor.
COUNCIL STATEMENTS
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
Bakersfield, California, July 7, 1982 - Page 4
2.43
Californian that
because the rest
the paper.
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 - Archi-
tectural Design) Zone, affecting that certain property in the City
of Bakersfield commonly known as 4675 Ming Avenue, was continued
until the Council Meeting of July 21, 1982, at the request of Mr.
Hixson who was out of town and unable to attend the meeting tonight.
Councilman Christensen stated, referring to a letter from
Patricia Bunyard (Page 4-Council Meeting Minutes of June 9, 1982),
regarding a complaint against Cox Cable TV that was referred to the
Budget Review and Finance Committee, that he read in the Bakersfield
the matter had been settled and that disturbs him
of the Council is aware of only what they read in
Councilman Christensen made a motion that the Council
go on record granting permission to release Council Committee
reports to the Bakersfield Californian and news media so they can
be published and the rest of the Council will be made aware of
what is going on.
Councilman Ratty stated the issue of the complaints
against Cox Cable TV is not closed. The Committee has requested
that Cox Cable TV perform on the services they said they would, and
in 30 to 60 days they are to report back to the Committee. At that
time, if they are not performing the required services further
action will be considered. The matter is not settled and people
are still unhappy with the service.
Councilman Christensen stated he feels these matters
should be reported to the Council before reporting to the press.
Councilman Ratty stated, as far as he knows, a Committee
report has not been released to the Bakersfield Californian.
Councilman Rockoff stated he felt the public had a right
to know that some action was forthcoming from Cox Cable TV and
'244
Bakersfield, California, July 7, 1982 - Page 5
could not see any reason why a news article could not be printed
informing the public what Cox Cable TV promised to do. This in no
way indicated the Committee was through with the situation. It
was merely a public update to let the subscribers know that Cox
Cable TV is aware of the problem and will furnish a written report
on what they are doing to improve their service within the 60 days
allowed.
Councilman Christensen's motion that the Council go on
record granting permission to release Council Committee reports to
the Bakersfield Californian and news media so they can be published
and the rest of the Council will be made aware of what is going on,
failed to carry with Councilmen Ratty, Rockoff, Strong, Barton, Means
and Payne voting in the negative.
REPORTS
Councilman Ratty, Chairman of the Water and City Growth
Committee, read Report No. 6-82 regarding Relocation of Police
Pistol Range and Public Picnic Area Facility, as follows:
In September, 1977, the City of Bakersfield
entered into a lease agreement with the North
Bakersfield Recreation and Park District. The
lease agreement was for approximately 27 acres
along the south bank of the Kern River, north
of the Truxtun Avenue Extension, in the vicinity
of the New Corporation Yard. The 27 acres were
leased by the Recreation and Park District on
behalf of the Nomad Bowmen, Inc. The property
was leased for an annual sum of $175.00, and
was to be used for recreational purposes, in-
cluding the installation and use of an archery
range.
Recently, the City Council received correspondence
from Nomad Bowmen, Inc., expressing their con-
cern of the possibility of losing the facility
as a result o£ stray arrows endangering bike
riders on the bike trail along the Kern River.
Additionally, their concern was prompted by
interest on behalf of the City to relocate the
Police Pistol Range and Public Picnic Area from
the present site near Truxtun Avenue and Oak
Street to the site occupied by the archery range.
Although the potential danger of stray arrows
has been alleviated by the Bowmen relocating
certain targets, this Committee did meet with
staff, including members of the Police Depart-
ment, to review and study the feasibility of
Bakersfield, California, July 7, 1982 - Page 6
245
relocating the Police Pistol Range and Public
Picnic Area Facility. We discussed the matter
at length, and noted several factors prompting
our recommendations and conclusion. One of
these major factors is the potentially dangerous
situation which has existed for many years with
the present Pistol Range not having a roof.
Such being the case increases the potential
hazard of stray or ricocheting bullets. The
absence of the roof also permits the noise of
the weapons being fired to be a nuisance to
adjoining property owners and businesses as
well as passing traffic. Although these problems
have increased tremendously with the recent
opening of the Truxtun Avenue Extension and the
development in the area, the City Council did
appropriate funds in the 1981-82 Capital Improve-
ment Budget in the amount of $265,000 for the
construction of a roof on the Pistol Range
Facility.
A~so, this Committee noted the many residents
of the City of Bakersfield who presently use
the Picnic Facility on a year-round basis. For
example, 1981 calendar year saw approximately
7,000 guests using the Picnic Facility. The
opening of Truxtun Avenue Extension has reduced
the public parking area for those members of the
general public wishing to use the Picnic Facility.
The relocation of this facility, including
adequate parking, along the Kern River would
make available to the general public an improved
Picnic Facility in a highly recreational area.
This Committee noted preliminary indications
suggest the facility, including the much needed
Police Pistol Range Facility, could be relocated
at no additional cost to the City since the
City has received several inquiries by parties
wishing to acquire the existing facility. Pre-
liminary indications suggest a sales price
sufficient enough to finance the construction
of a new facility on the site presently occupied
by the Bowmen. We also noted the City could
save the $265,000, which has been appropriated
for the roof.
Therefore, this Committee recommends the City
Council:
Direct Public Works Department to proceed
with preliminary concept, design, and cost
estimates; and staff be directed to talk
with the Nomad Bowmen about other locations
and possible compatible use.
o
As provided in the existing lease agreement,
give a 60 day written notice of termination
to the North Bakersfield Recreation and Park
District.
Direct staff to negotiate an interim lease
between the City and Nomad Bowmen, Inc.
The interim lease agreement would be for
2:46
Bakersfield, California, July 7, 1982 - Page 7
the time period necessary for Public Works
to develop plans, etc. This interim lease
would give adequate time for the Bowmen to
locate new facilities for their archery
range.
Councilman Ratty made a motion that Water and City Growth
Committee Report No. 6-82 regarding Relocation of Police Pistol
Range and Public Picnic Area Facility, be accepted; and recom-
mendations as outlined in the report approved.
Mr. Gary McCain, President of the Nomad Bowmen Archery
Club, introduced several people from the community who were present
in the audience to speak on their behalf, and also presented a
petition containing approximately 600 signatures in support of the
Nomad Bowmen and requested Council support.
Mr. Gene Krause, Member of the Board of Directors of the
Nomad Bowmen's Archery Club, presented a written statement from
the Nomad Bowmen's Archery Club requesting that they be allowed to
retain their present site along the Kern River, north of the City
Corporation Yard.
Donna Yowell, President of the Kern River Riders (an
equestrian club), stated they feel an archery range is more com-
patible with an equestrian trail than a pistol range and requested
that the Nomad Bowmen be allowed to retain their present site.
Mr. Rich O'Neil, Kern River Parkway Committee, stated
they feel the eviction of the Nomad Bowmen Archery Club is not in
keeping with findings of the first river study conducted by Rickett,
Ward and Delmarter and the ongoing study being conducted by Quad
Consultants. The eviction decision should not be made until the
river studies are complete, evaluated and officially accepted. The
pistol range would not be an appropriate use of the floodplain or
of the much needed open space that the Kern River provides. They
feel there are other alternatives rather than evicting the Archery
Club, and requested that an Environmental Impact Report be made on
this subject.
Bakersfield, California, July 7, 1982 - Page 8
247
Mr. Gary McCain outlined the history of the Nomad Bowmen's
Archery Club and the improvements they have made to the present site.
They cannot move without some sort of financial help because they
are a nonprofit organization. If they have to move, organized
archery in Bakersfield will probably be gone, until someone comes
along and helps them.
After a lengthy discussion, Councilman Christensen offered
a substitute motion that the matter of relocating the Police Pistol
Range and Public Picnic Area Facility to the present Nomad Bowmen's
Archery Range, be referred back to the Water and City Growth Com-
mittee for further study and evaluation so an amicable decision can
be made that will help both sides o£ the issue.
Councilman Ratty requested that the substitute motion be
amended to refer the matter to the Budget Review and Finance Com-
mittee.
Councilman Christensen's amended substitute motion that
the matter of relocating the Police Pistol Range and Public Picnic
Area Facility to the present Nomad Bowmen's Archery Range, be
referred to the Budget Review and Finance Committee for further
study and evaluation so an amicable decision can be made that will
help both sides of the issue, was unanimously approved.
Mayor Shell declared a brief recess at 9:05 P.M.
reconvened the meeting at 9:15 P.M.
Councilman Barton, Chairman
and Parking Committee, read Report No.
Contracts, as follows:
and
of the Business Development
6-82 regarding Public Works
At the Council Meeting of June 23, 1982, Mr.
Michael Thompson representing the Associated
General Contractors of California (AGC)
requested the City Council review current
policies with regards to City employees per-
forming certain contract work versus the City
requesting bids from private contractors. The
matter was referred to the Business Development
and Parking Committee for study and recommenda-
tion.
This Committee met with members of AGC, however,
it was mutually agreed between this Committee
248
Bakersfield, California, July 7, 1982 - Page 9
and AGC's representatives that a preliminary
meeting between City staff and AGC would be
appropriate prior to consideration by this
Committee. We directed staf£ to arrange such
a meeting and report back to the Committee
with the results.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 6-82 regarding Public Works
Contracts, was accepted.
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 7-82 regarding Airport Bus
of Bakersfield Parking Request, as follows:
At the Council Meeting of June 23, 1982, the
City Council received correspondence from Mr.
Ralph Fruguglietti of Airport Bus of Bakers-
field, Inc. The request was to rent parking
spaces from the City at the Municipal Lot
located at the corner of 23rd and Eye Streets.
The matter was referred to the Business
Development and Parking Committee for study
and recommendation.
This Committee has met with Mr. Fruguglietti
and members of City staff to review Mr.
Fruguglietti's request on behalf of Airport
Bus of Bakersfield. Mr. Fruguglietti is
requesting to lease spaces from the City on
a monthly basis to be utilized by customers
using the Airport Bus service.
While reviewing the matter in detail, this
Committee considered the fact that l) Airport
Bus will not charge their customers for parking
in the spaces; 2) Such an arrangement will
reduce parking on the streets; 3) Spaces
requested by Airport Bus are in an area of the
Municipal Lot not presently utilized; 4) A
lease agreement should have a reasonably short
term provision in the event the City wishes to
utilize the property for development.
Therefore, this Committee recommends the City
Council approve a lease agreement between the
City of Bakersfield and Airport Bus of Bakers-
field, Inc., for a total of twenty (20) spaces
at a rate of $25.00. Additionally, the agree-
ment should be for the term commencing July 8,
1982, through June 30, 1983, containing a 60
day termination provisions as well as a pro-
vision to review the monthly rate during the
month of December.
Councilman Rockoff stated, for clarity, the report should
have stated that the spaces would be leased at $25.00 per month per
space.
Bakersfield, California, July 7, 1982 - Page l0
249
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 7-82 regarding Airport Bus of
Bakersfield Parking Request, was accepted; and Lease Agreement
between the City of Bakersfield and Airport Bus of Bakersfield, Inc.,
for twenty spaces at $25.00 per space per month, commencing July 8,
1982, through June 30, 1983, containing a 60 day termination pro-
vision and a provision to review the monthly rate during the month
of December, was approved and the Mayor was authorized to execute
same.
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 8-82 regarding Request to
Operate a Food Cart in Front of City Hall, as follows:
At the City Council Meeting of June 23, 1982,
Mr. Bill Bonderov of Best Hotdog Company
requested the City Council grant permission
for him to operate a food cart on the side-
walks adjacent to City Hall. The existing
City ordinances require such permission to be
granted by the adjoining property owner prior
to such vendors commencing business. The
matter was referred to the Business Develop-
ment and Parking Committee for study and
recommendation.
In our discussions, we noted present City
policy does not permit the solicitation of
goods and services inside City Hall. As such,
we feel it would be inconsistent with existing
policy to grant permission for the food cart
operation outside City Hall.
Therefore, this Committee recommends the City
Council deny the request of Bill Bonderov.
Mr. Bill Bonderov stated he would operate his business
in the downtown area in accordance with City ordinances.
City Attorney Oberholzer stated he can operate his business,
if he has written permission of the adjoining property owner and
he cannot obstruct the sidewalks.
In answer to a question by Councilman Payne, City Attorney
Oberholzer stated Mr. Bonderov could operate his business at the
proposed GET transfer point, at 20th and "L" Streets, and the Council
may want to grant him permission to operate on the City-owned
property rather than the sidewalk.
25O
Bakersfield, California, July 7, 1982 - Page
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 8-82 regarding Request to Operate
Food Cart in Front of City Hall, was accepted; and request of Bill
Bonderov to operate the food cart in front of City Hall, was denied.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 20-82 regarding Alcoholic
Beverage Consumption and Curfew in City Parks, as follows:
On August 12, 1981, the City Council imposed a
curfew in the parks from ll p.m. to 7 a.m.,
enacted a Noise Ordinance, and deferred any
further action on implementing recommendations
regarding the consumption of alcoholic beverages
until February, 1982.
On February 17, 1982, the City Council approved
further changes to the curfew hours by changing
the curfew to ll p.m. to 5 a.m. The City
Council further requested the parks continue
to be surveyed by staff and a report from this
Committee be forthcoming to the Council in
June, 1982.
While reviewing the proposed budget for the
Police Department for 1982-83, this Committee
reviewed the status in the parks with the Chief
of Police and other members of the staff. The
Chief of Police recommends, and this Committee
concurs, that a final report and evaluation at
this time would be premature since the parks
are not yet being utilized to the extent as
they will be during the summer months.
Therefore, this Committee recommends the City
Council continue to defer action on alcoholic
beverage consumption in the City parks through
September, 1982. By doing so, it will afford
the City staff the opportunity to survey City
parks and any related problems through the
summer months.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 20-83 regarding Alcoholic Beverage
Consumption and Curfew in City Parks, was accepted; and action on
alcoholic beverage consumption in City Parks, was deferred through
September, 1982, in order to allow staff the opportunity to survey
City parks and any related problems through the summer months.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 21-82 regarding Alarm Ordinance,
as follows:
Bakersfield, California, July 7, 1982 - Page 12
2.5i
On May 26, 1982, Police Chief Price reported
to the City Council his concerns regarding the
expenditure of manhours for the Police Depart-
ment on £alse alarms within the City of Bakers-
field. He noted that during 1981 the Police
Department responded to 3,604 false alarms
(92% of total alarm responses), which cost the
City approximately $144,000 in manpower. Also,
he said the danger of officers in emergency
response must be considered. Pursuant to his
report, the Police Chief requested the City
Council consider modifications to the Alarm
Ordinance, along with a fee schedule and rules
and regulations. The matter was referred to
the Budget Review and Finance Committee for
study and recommendation.
This Committee has met with members of staff,
including the Chief of Police, to review the
potential impact of modifications to the Alarm
Ordinance providing certain £ees and regulations
dealing with false alarms. Among the items dis-
cussed were permits, charges, charges for
responses to false alarms over various limits,
as well as the potential impact on businesses
and residences in the City.
This Committee concurs with the Police Chief in
that the problem of false alarms must be dealt
with and brought under control. As the first
step, we recommend the City Council direct the
City staff to forward copies of the proposed
changes, fees, and rules to all alarm companies
operating within the City of Bakersfield as
well as any interested businesses or residences.
Also, we recommend the City Council set a public
hearing date for August 18, 1982, to hear any
input and recommendations on the proposed
changes.
Councilman Christensen requested that staff solicit input
from other cities as to how they handle the alarms and make the
information available to all Councilmen.
Councilman Barton requested that all Councilmen be
furnished with a copy of the fee schedule and regulations.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 21-82 regarding Alarm Ordinance, was
accepted; staff was directed to forward copies of the proposed
changes, fees and rules to all alarm companies operating within
the City of Bakersfield, as well as any interested businesses or
residences; and public hearing on the matter was set for August
18, 1982.
252
Bakersfield, California, July 7, 1982 - Page 13
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 22-82 regarding Creative
Development Through Art's Request for Community Development Block
Grant Funding, as follows:
Creative Development Through Art (CDTA) attended
a public meeting at California Avenue Park on
the proposed uses of Community Development Block
Grant Funds for fiscal year 1982-83. At this
meeting they requested funding in the amount of
$80,000 to begin a program using art as a
developmental tool for physically and mentally
disabled individuals. They also appeared before
the City Council, who referred the matter to
this Committee.
Rick Moses and Walter Ricks of CDTA met with
this Committee on July 1, 1982, and made a formal
presentation of their request for funding in the
amount of $67,400. The funds would be used for
rent and renovation of the building they propose
to operate from. They had indicated that letters
of support from Kern Regional Center and the
Easter Seal Society had been included in the
package presented. They also presented a lease
agreement for a facility located on ~t. Vernon
in an unincorporated section of Kern County.
The idea of CDTA combining their proposed
services with an existing organization was
discussed and presented to them as an alter-
native to establishing another administrative
organization to serve disabled citizens. Also,
the priorities of housing and neighborhood
revitalization were discussed with them at the
meeting.
Applicants for funds must demonstrate that the
project to be undertaken supports the compre-
hensive 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. CDTA's request for funding
does not meet this condition as outlined in
Council policy for reviewing requests for Block
Grant funding from outside organizations.
Based on current policies and priorities regarding
the uses of Community Development Block Grant
Funds, this Committee cannot recommend the approval
of CDTA's request for funding. It is felt that
their proposed service should be combined with
those of an existing organization established
to provide services to disabled citizens.
Therefore, it is recommended that the request
for Block Grant funding from Creative Develop-
ment Through Art be denied.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 22-82 regarding Creative Development
Through Art's Request for Community Development Block Grant Funding,
was accepted; and request for Community Development Block Grant
Funds from Creative Development Through Art, was denied.
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 7-82 regarding Kern Phil-
harmonic Request for Financial Support, as follows:
At the Council Meeting of Mar 26, 1982, com-
munication from Kern Philharmonic was received
and referred to the Auditorium-Recreation
Committee for study and recommendation. The
communication from Kern Philharmonic addressed
two separate issues requiring funding from the
City of Bakersfield.
The first matter was a request to the City of
Bakersfield to increase its financial support
from $3,500 to $5,000 for 1982-83. They further
requested an additional $2,500 as a 50% share
of the cost of presenting a pair of young
people's concerts at the Civic Auditorium for
approximately 4,000 school children.
This Committee recognizes the cultural contribu-
tion made to the community by Kern Philharmonic,
however, in light of the financial constraints
the City of Bakersfield is facing during the
1982-83 fiscal year, this Committee feels that
the City is unable to increase its financial
support to the Kern Philharmonic. Hopefully in
future years, the City will be in a more £avor-
able position to consider an increase in their
request.
We are recommending that the City Council act
favorably during the budget sessions on funding
the Philharmonic at the same level as last year
for $3,500 for the outstanding programs they
provide the residents of our community.
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 7-82 regarding Kern Philharmonic
Request for Financial Support, was accepted; and recommendation
that the Council act favorably during budget sessions by funding
the Philharmonic at the same level as last year, in the amount of
$3,500, for the outstanding programs they provide the residents of
this community, was approved by the following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means
Noes: Councilmen Ratty, Payne
Absent: None
254
Bakersfield, California, July 7, 1982 - Page 15
Councilmen Ratty and Payne clarified their negative votes
by stating they felt the Philharmonic should have more money, rather
than less.
Councilman Means stated he hopes Councilmen Ratty and
Payne support the Kern Philharmonic when they appear before the
Council requesting Revenue Sharing Funds.
Councilman Christensen stated he wanted to go on record
that he supports giving the Philharmonic all the funds possible,
but it is his understanding that money is in a very tight situation
at this time.
Councilman Christensen made a motion that if funds are
available that the Kern Philharmonic be granted the requested
$5,000.00, and asked if this was possible.
Assistant City Manager-Finance Higginbotham stated the
Council can extract some money from the Council's Contingency Fund.
He would hesitate to state the $5,000.00 is not in the City's
budget, but it is a matter of priorities and it is a decision for
the Council to make.
Councilman Rockoff stated that because the statement
"if funds are available" is so nebulous he cannot support the
motion.
Councilman Means stated he agrees with Councilman Rockoff.
The City is facing very serious fiscal problems and there are a
number of funding requests that came before the Budget Review and
Finance Committee. He hopes the Council supports the Philharmonic's
request for Revenue Sharing Funds, rather than taking it out of the
operating budget, when a decision has not been made on their other
requests. It is irresponsible to approve this before a decision
has been made on Revenue Sharing Funds and an accurate picture is
received on the budget.
Councilman Christensen's motion that if funds are available
that the Kern Philharmonic be granted the requested $5,000.00, was
approved with Councilmen Rockoff and Strong voting in the negative.
Bakersfield, California, July 7, 1982 - Page 16
'255
Councilmen Rockoff and Strong, in clarifying their
negative votes, stated they support the Kern Philharmonic and the
work they do, but due to the nebulousness of the motion they voted
no.
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 8-82 regarding New Park
Policy, as follows:
On April 22, 1981, the City Council adopted a
policy whereby future developments provide for
financing of construction and maintaining new
park sites by use of Maintenance Districts.
Since that time, one Park Maintenance District
has been formed, one is in the process of being
formed, and several others are being proposed.
This policy appears to be working satisfactorily
where the size of development justifies the
developer paying the construction cost and then
transferring the maintenance cost to new home
owners through Maintenance Districts.
A problem exists, however, in areas such as
the Fairfax/Morning Drive area and the Panama
Lane area where smaller developments do not
justify dedication and construction of a park
by a single owner. The staff has expressed its
concern that these areas are developing without
provisions being made for parks. In addition,
some developers have expressed their willingness
to participate in park development as long as
each developer pays his fair share of the cost.
The Planning Commission has expressed their
concern on this matter and has requested that
the City Council offer some direction along
these lines.
The Auditorium-Recreation Committee has dis-
cussed this issue, and we are recommending that
the Council suggest to the Commission considera-
tion that when developers working an area request
formation of a Park Maintenance District, and
no provision has been made to dedicate and
construct a park, that the City would require
dedication of land, the payment of fees in lieu
thereof, or a combination of both for park
purposes as a condition of the approval of a
final subdivision or parcel map.
This Committee further recommends that the
Planning Commission be directed to prepare a
Recreational Element of the General Plan and
develop standards for dedication of land and/or
fees to be paid for the purpose of providing
park or recreational facilities to serve sub-
divisions.
Councilman Christensen made a motion that Auditorium-
Recreation Committee Report No. 8-82 regarding New Park Policy, be
accepted; and recommendations as outlined in the report approved.
Bakersfield, California, July 7, 1982 - Page
Councilman Rockoff read the portion of the report that
states "when developers working an area request formation of a
Park Maintenance District, and no provision has been made to
dedicate and construct a park," and asked if that means that if
they do not request formation of a park that a park will not be
forthcoming.
Public Works Director Hawley stated that is correct. In
other words, if the majority of developers in an area desire to
form a Maintenance District then the City could adopt a procedure
whereby all property owners within the given area participate in
either dedication of land or payment of fees for construction of a
park.
In answer to a question by Councilman Rockoff, Public
Works Director Hawley stated it is possible, if the developers or
property owners do not petition, or whatever, the area could be
without a park. The reason this works in this way, is that, the
formation of a Maintenance District would be necessary for maintaining
the park. If the people do not desire to form a Maintenance District
then there would be no reason to construct a park, based on the
City's present policy. This only pertains to new undeveloped land
and not existing subdivisions.
Councilman Rockoff offered a substitute motion that
Auditorium-Recreation Committee Report No. 8-82 regarding New Park
Policy, be referred back to Committee for further discussion.
City Attorney Oberholzer stated a Recreation Element of
the General Plan is being developed, which will identify specific
park areas. If there is a development within those areas, pursuant
to the Subdivision Map Act, the developer will be required to pay a
fee or dedicate land within that particular zone of benefit of that
park. If there is a development a block or two away where there is
not a necessity for a park and the developer wants another one, then
that is what that particular paragraph is addressing.
Bakersfield, California, July 7, 1982 - Page 18
Councilman Rockoff's substitute motion that Auditorium-
Recreation Committee Report No. 8-82 regarding New Park Policy be
referred back to the Committee for further discussion, was approved.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 6980 to 7186,
inclusive, in the amount of $716,524.49.
(b)
Claim for Damages and Personal Injuries
from Judy Elane Mungary, 4106 Wenatchee
Avenue, Bakersfield. (Refer to City
Attorney)
(c)
Claim for Damages from Lionel L. Ramos
Company, Insurance Claims Service, 617
Truxtun Avenue, Bakersfield. on behalf of
Lewis Construction Company. (Refer to
City Attorney)
(d)
Claim for Damages from Pacific Gas and
Electric Company, 1918 "H" Street, Bakers-
field. (Refer to City Attorney)
(e)
Improvement Agreement for Parcel Map No.
6488 with Quality Investments, Inc., for
construction of improvements required by
the Planning Commission, located on south
side of Bernard Street between Mt. Vernon
Avenue and Oswell Street.
(f)
Improvement Agreement with B.D.S. Investors
for construction of improvements required
by the Planning Commission for a zone
change of certain property located between
"Q" Street and "O" Street, south of 40th
Street.
(g) Notices of Completion and Acceptance of
Work on:
Main Fire Station Addition and Remodeling,
Contract No. 81-181 with Gray Construction.
Resurfacing Auburn Street between Oswell
Street and La Costa Street, Contract No.
82-73 with Granite Construction Company.
Tract No. 4399, Contract No. 81-81 with
Great Western Builders, Inc., located on
Mohawk Street, south of Truxtun Avenue.
Parcel Map No. 5708, Contract No. 79-171
with Chandler Construction, Inc., located
at Wilson Road, west of Highway 99.
(h)
Application for Encroachment Permit from
Robert Engel and Egan Gost, P.O. Box 6146,
Bakersfield, for construction of a Mansard
type roof overhanging 4 feet into the right-
of-way and approximately 14 feet above
sidewalk at southwest corner of 19th and
"N" Streets.
'258
Bakersfield, California, July 7, 1982 - Page 19
(±)
Application for Encroachment Permit from
Pac Tel Limited, 3525 Standard Street,
Bakersfield, for construction of a 6 foot
high concrete block wall adjacent to back
of sidewalk on White Lane side of parcel
at 5650 Aldrin Court.
(j) Plans and Specifications for the Beardsley
and Rocky Point River Weir replacement.
(k)
Request from L. Bruce Nybo, Registered
Civil Engineer, for an amendment to the
General Plan for Medium Density Residential
and Commercial use of property generally
located in the Rio Bravo Area, approxi-
mately ¼ mile northeast of the Mesa Marin
Raceway. (Refer to Planning Commission
for study and recommendation)
(i)
Contract Change Order No. i to Contract
No. 82-64 with Griffith Company for pave-
ment reconstruction on Beale Avenue,
between Monterey Street and East Truxtun
Avenue. This change is necessary to
remove and replace unsuitable subbase
material encountered along the full
length of the project. The cost of the
change is $27,005.15. The total contract
price as a result of this Change Order is
$163,519.15. The Greater Bakersfield
Separation of Grade District will fund
the full amount of this Change Order.
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k) and (1) of the Consent
Calendar, were adopted by the following roll call vote:
Ayes
Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Payne, low bid of Granite
Construction Company, in the amount of $50,228.00, for Annual
Contract for Earth Hauling Equipment for the Agricultural Water
Department, was accepted, all other bids rejected and the Mayor
was authorized to execute the contract.
Upon a motion by Councilman Payne, low bid of Target
Chemical Company, in the amount of $4,408.75, for Miscellaneous
Chemicals for the Public Works Department, was accepted and all
other bids rejected.
259
Bakersfield, California, July 7, 1982 - Page 20
Upon a motion by Councilman Payne, usual bidding require-.
ments were dispensed with, in accordance with Section 3.20.060 of
the Municipal Code, and the Finance Operations Manager was authorized
to negotiate a price with Motorola Communications for three mobile
and three portable radios for the Fire Department, not to exceed
the amount budgeted of $12,700.00.
Approval of low bid of Valley Indus-
trial Services for Industrial Laundry
Service.
Mr. Robert Leech, representing Prudential Overall Supply
second lowest bidder, stated for the last three years they have
been the City's vendor for this service and they conscientiously
and diligently served the City pursuant to the contract. It is
requested, since there is only 2 3/4% difference between the bids
of Valley Industrial Services and Prudential Overall Supply, that
they be retained by the City for the ensuing contractural period.
Mr. Leech submitted copies of their Quality Assurance Check Forms,
which are done on a regular basis with various City Department
Heads.
City Attorney Oberholzer stated the Council must accept
the low bid unless it is found that the low bidder is not qualified.
Upon a motion by Councilman Rockoff, low bid of Valley
Industrial Services, in the amount of $105,439.37, for Industrial
Laundry Service, was accepted, all other bids rejected and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Means, low bid of Contractors
Equipment and Supply Company, in the amount of $145,315.40, for
Two Street Sweepers for the Public Works Department, was accepted
and the other bid rejected.
Upon a motion by Councilman Ratty, low bid of Webb
Electrical Construction, in the amount of $84,329.00, for Traffic
Signal System Modifications along "H" Street at 17th, 18th, 19th,
20th and 21st Streets, was accepted, all other bids rejected and
the Mayor was authorized to execute the contract.
Bakersfield, California, July 7, 1982 - Page 21
Ayes:
Noes:
Absent:
Upon a motion by Councilman Christensen, low bid of Bone
& Son Construction, in the amount of $77,150.00, for Annaul Contract
for Earth Moving Equipment for the Agricultural Water Department,
was accepted, the other bid rejected and the Mayor was authorized
to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2755 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 2615 Eye Street.
The application for this amendment was made by San Joaquin
Community Hospital and would change subject property from a C-O
(Commercial and Professional Office) Zone to a HOSP (Hospital) Zone.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2755 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 2615 Eye Street, finding said zoning consistent with the
General Plan, were adopted by the following roll call vote:
Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
None
None
Adoption of Resolution No. 68-82 of
the Council of the City of Bakers-
field establishing Policy for granting
Density Bonus Incentives to developers
of housing for low- or moderate-income
families.
The Council directed staff to prepare this resolution
pursuant to Budget Review and Finance Committee Report No. 14-82
regarding "Density Bonus."
Upon a motion by Councilman Ratty, Resolution No. 68-82
of the Council of the City of Bakersfield establishing Policy for
granting Density Bonus Incentives to developers of housing for low-
Bakersfield, California, July 7, 1982 - Page 22
261
or moderate-income families,
call vote:
Ayes: Councilmen Ratty,
Noes: Councilmen Rockoff, Means
Absent: None
was adopted by the following roll
Strong, Barton, Christensen, Payne
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title 8 of the Municipal
Code of the City of Bakersfield by
amending Section 8.44.050 B.7. of
Chapter 8.44 relative to Sale of
Safe and Sane Fireworks.
This ordinance specifies new requirements for fire
extinguishers required for temporary fireworks stands.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Title 8 of the Munici-
pal Code of the City of Bakersfield by amending Section 8.44.050
B.7. of Chapter 8.44 relative to Sale of Safe and Sane Fireworks.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Sections 15.04.010, 15.04.100
C. and 15.04.140 C. and repealing
Sections 15.04.110 and 15.04.120 of
the Bakersfield Municipal Code
relative to General Provisions, and
setting date of hearing on said
matter.
This ordinance makes required findings as to adoption of
the 1979 Uniform Codes, the 1979 Edition of the Uniform Electrical
Code and 1981 Edition of the National Electrical Code, and makes
related changes.
Upon a motion by Councilman Payne, First reading was
considered given an Ordinance of the Council of the City of Bakers-
field amending Sections 15.04.010, 15.04.100 C. and 15.04.140 C.
and repealing Sections 15.04.110 and 15.04.120 of the Bakersfield
Municipal Code relative to General Provisions, and Wednesday, July
21, 1982 at 8:00 P.M., was the date and time set for hearing on
said matter, in accordance with Government Code Section 50022.3.
Bakersfield, California, July 7, 1982 - Page 23
First reading of an Ordinance of the
Council of the City of Bakersfield
repealing Chapter 15.08 of the
Bakersfield Municipal Code relative
to Fire Zones.
This ordinance repeals Chapter 15.08 and another ordinance
is being presented that adopted the repealed provisions as part of
Chapter 15.64.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield repealing Chapter 15.08 of the
Bakersfield Municipal Code relative to Fire Zones.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 15.12 of the Bakers-
field Municipal Code relative to
Uniform Building Code, and setting
date of hearing on said matter.
This ordinance adopts the 1979 Edition of the Uniform
Building Code and makes certain deletions from and amendment to
that Code.
Upon a motion by Councilman Rockoff, First reading was
considered given an Ordinance of the Council of the City of Bakers-
field amending Chapter 15.12 of the Bakersfield Municipal Code
relative to Uniform Building Code, and Wednesday, July 21, 1982 at
8:00 P.M., was the date and time set for hearing on said matter,
in accordance with Government Code Section 50022.3.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 15.16 of the Bakers-
field Municipal Code relative to
Uniform Mechanical Code, and setting
date of hearing on said matter.
This ordinance adopts the 1979 Edition of the Uniform
Mechanical Code and makes certain deletions from and amendments to
that Code.
Councilman Strong requested that the Builders' Exchange
be notified of these hearings.
Councilman Christensen requested that a notice be published
in the Bakersfield Californian.
Bakersfield, California, July 7, 1982 - Page 24
263
Upon a motion by Councilman Payne, First reading was
considered given an Ordinance of the Council of the City of Bakers-
field amending Chapter 15.16 of the Bakersfield Municipal Code
relative to Uniform Mechanical Code, and Wednesday, July 21, 1982
at 8:00 P.M., was the date and time set for hearing on said matter,
in accordance with Government Code Section 50022.3.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 15.20 of the Bakers-
field Municipal Code relative to
Uniform Housing Code, and setting
date of hearing on said matter.
This ordinance adopts the 1979 Edition of the Uniform
Housing Code and makes certain deletions from and amendments to
that Code.
Upon a motion by Councilman Ratty, First reading was
considered given an Ordinance of the Council of the City of Bakers-
field amending Chapter 15.20 of the Bakersfield Municipal Code
relative to Uniform Housing Code, and Wednesday, July 21, 1982 at
8:00 P.M., was the date and time set for hearing on said matter,
in accordance with Government Code Section 50022.3.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 15.24.010 and
15.24.020 of the Bakersfield Munici-
pal Code relative to Abatement of
Dangerous Buildings, and setting
date of hearing on said matter.
This ordinance adopts the 1979 Edition of the Uniform
Code for the Abatement of Dangerous Buildings and makes a deletion
from that Code.
Upon a motion by Councilman Christensen, First reading
was considered given an Ordinance of the Council of the City of
Bakersfield amending Section 15.24.010 and 15.24.020 of the Bakers-
field Municipal Code relative to Abatement of Dangerous Buildings,
and Wednesday, July 21, 1982 at 8:00 P.M. was the date and time
set for hearing on said matter, in accordance with Government Code
Section 50022.3.
264
Bakersfield, California, July 7, 1982 - Page 25
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 15.28 of the Bakers-
field Municipal Code relative to
Uniform Plumbing Code, and setting
date of hearing on said matter.
This ordinance adopts the 1979 Edition of the Uniform
Plumbing Code and makes certain amendments to that Code.
Upon a motion by Councilman Strong, First reading was
considered given an Ordinance of the Council of the City of Bakers-
field amending Chapter 15.28 of the Bakersfield Municipal Code
relative to Uniform Plumbing Code, and Wednesday, July 21, 1982 at
8:00 P.M., was the date and time set for hearing on said matter, in
accordance with Government Code Section 50022.3.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 15.32 of the Bakers-
field Municipal Code relative to
Electrical Code, and setting date of
hearing on said matter.
This ordinance adopts the 1979 Edition of the Uniform
Electrical Code and the 1981 Edition of the National Electrical
Code and makes deletions from and amendments to that Code.
Upon a motion by Councilman Strong, First reading was
considered given an Ordinance of the Council of the City of Bakers-
field amending Chapter 15.32 of the Bakersfield Municipal Code
relative to Electrical Code, and Wednesday, July 21, 1982 at 8:00 P.M.,
was the date and time set for hearing on said matter, in accordance
with Government Code Section 50022.3.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title 15 of the Municipal
Code of the City of Bakersfield by
amending Chapter 15.64 relative to
Fire Zones.
This ordinance adopts the Fire Zones previously contained
in Chapter 15.08, as part of Chapter 15.64.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Title 15 of the Muni-
cipal Code of the City of Bakersfield by amending Chapter 15.64
relative to Fire Zones.
Bakers£ield, California, July 7, 1982 - Page 26
265
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title 15 of the Municipal
Code of the City of Bakersfield by
amending Chapter 15.64 relative to
the Uniform Fire Code, and setting
date of hearing on said matter.
This ordinance adopts the 1979 Edition of the Uniform
Fire Code and makes certain deletions from and amendments to that
Code.
Upon a motion by Councilman Ratty, First reading was
considered given an Ordinance of the Council of the City of Bakers-
field amending Title 15 of the Municipal Code of the City of
Bakersfield by amending Chapter 15.64 relative to the Uniform Fire
Code, and Wednesday, July 21, 1982 at 8:00 P.M., was the date and
time set for hearing on said matter, in accordance with Government
Code Section 50022.3.
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 500
West Columbus Street.
The application for this amendment was made by James L.
Wattenbarger and would change subject property from an MH (Mobile-
home) Zone to a C-1 (Limited Commercial) and C-2 (Commercial), or
more restrictive Zones.
The Planning Commission recommended approval of the zone
change subject to the condition that a "six-foot-high chain link
fence be installed to City Standards along the east property line
adjacent to the canal within 180 days of adoption of the ordinance
rezoning the property, or start of construction, whichever is
sooner."
Mr. Wattenbarger has signed a contract agreeing to the
condition and provided the Planning Director with a registered
check guaranteeing performance of the contract.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
Bakersfield, California, July 7, 1982 - Page 27
by changing the Land Use Zoning o£ that certain property in the
City of Bakersfield commonly known as 500 West Columbus Street.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title Seventeen of the
Municipa~ Code changing the Land Use
Zoning of that certain property in
the City of Bakersfield located at
the southeast corner of the inter-
section of Planz Road and Stine Road
and making findings in connection
with a P.C.D. Zone.
The application for the proposed amendment was made by
Michael D. Cutbirth, requesting a change of zoning from a P.C.D.
(Planned Commercial Development) Zone to an Amended P.C.D. (Planned
Commercial Development) Zone, the changes having been approved by
the Planning Commission (except for the change permitting left-turn
onto Stine Road during the first six (6) months of shopping center
operation, which was approved by the City Council on appeal).
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Title Seventeen of the
Municipal Code changing the Land Use Zoning of that certain propertly
in the City of Bakersfield located at the southeast corner of the
intersection of Planz Road and Stine Road and making findings in
connection with a P.C.D. Zone.
Adoption of Resolution No. 69-82 of
the Council of the City of Bakers-
fie~d regarding transfers of Property
Tax Revenues upon City of Bakersfield
Annexations filed after January 1,
1978 but on or before January l, 1979.
"AB 8" provides for the negotiation of exchange of
Property Taxes between the City and County in regards to annexations.
"AB 8" also provided for the transfer of Property Tax Revenues
incident to annexations, which were filed with the State Board of
Equalization after January l, 1979, but before July 24, 1979 (the
effective date of "AB 8").
All such annexations were entered on the Property Tax
rolls automatically before the procedure initiated by "AB 8."
Bakersfield, California, July 7, 1982 - Page 28
267
Those "pre-AB 8" annexations fall into two separate categories:
1) those which were filed a£ter January l, 1978, but on or before
January 1, 1979; and 2) those which were filed after January 1,
1979, but before July 24, 1979.
The adoption of this resolution will conclude the transfer
of Property Taxes with regards to Category No. 1 and will permit
reflection in 1982-83 tax apportionments. This resolution was
approved by the Board of Supervisors on Tuesday, June 29, 1982.
Upon a motion by Councilman Christensen, Resolution No.
69-82 of the Council of the City of Bakersfield regarding transfer
of Property Tax Revenues upon City of Bakersfield Annexations filed
after January 1, 1978 but on or before January 2, 1979, was adopted
by the following roll call vote:
Councilmen Ratty, Rockoff,
Means, Payne
None
None
Ayes:
Noes:
Absent:
Strong, Barton, Christensen,
Adoption of Resolution No. 70-82 of
the Council of the City of Bakers-
field regarding transfer of Property
Tax Revenues upon City of Bakersfield
Annexations filed after January l,
1979 but before July 24, 1979.
"AB 8" provides for the negotiation of exchange of
Property Taxes between the City and County in regards to annexations.
"AB 8" also provided for the transfer of Property Tax Revenues
incident to annexations, which were filed with the State Board of
Equalization after January l, 1978, but before July 24, 1979 (the
effective date of "AB 8").
All such annexations were entered on the Property Tax
rolls automatically before the procedure initiated by "AB 8."
Those "pre-AB 8" annexations fall into two separate categories:
1) those which were filed after January l, 1978, but on or before
January 1, 1979; and 2) those which were filed after January l,
1979, but before July 24, 1979.
Bakersfield, California, July 7, 1982 - Page 29
Ayes:
Noes:
The adoption of this resolution will conclude the transfer
of Property Taxes with regards to Category No. 2 and will permit
reflection in 1982-83 tax apportionments. The resolution was
approved by the Board of Supervisors on Tuesday, June 29, 1982.
Upon a motion by Councilman Rockoff, Resolution No.
70-82 of the Council of the City of Bakersfield regarding transfer
of Property Tax Revenues upon City of Bakersfield Annexations
filed ater January l, 1979 but before July 24, 1979, was adopted
by the following roll call vote:
Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
None
Absent: None
Approval of Negative Declaration for
the Stockdale Trunkline Project and
Assessment District.
Tenneco Realty Development Corporation proposes to
construct a primary interceptor sewer from the City of Bakersfield'.s
Treatment Plant No. 3 northerly into Southwest Bakersfield to
serve areas within both the City and unincorporated Kern County
areas. The primary service area comprises approximately 3,100
acres. A proposed Assessment District is to include the primary
service area, with the exception of Cal State College, and an ex-
tended area west of Buena Vista Road.
In answer to a question by Councilman Rockoff, Director
of Public Works Hawley stated this project will not create any
problems as long as the City proceeds with the commitments that it
has already made to provide sewer service to the land already within
the City Limits, and proceed with plans for
of Treatment Plant No. 3.
Upon a motion by Councilman Payne,
for the Stockdale Trunkline Project and Assessment
approved.
the long-term expansion
Negative Declaration
District, was
Bakers£ield, California, July 7, 1982 - Page 30
269
Adoption of Resolution No. 71-82 of
requesting approval of Resolution of
Intention and Boundary Map and consent
to the undertaking of proceedings for
the acquisition of Sewer Facilities
Improvements - City of Bakersfield
Assessment District No. 82-1.
As a portion of the property proposed for inclusion in
the Assessment District is located in unincorporated territory of
the County of Kern, consent of the Board of Supervisors is required
before proceeding to include such property in the Assessment District.
Upon a motion by Councilman Ratty, Resolution No. 71-82
requesting approval of Resolution of Intention and Boundary Map
and consent to the undertaking of proceedings for the acquisition
of Sewer Facilities Improvements - City of Bakersfield Assessment
District No. 82-1, was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes: None
Absent: None
Approval of Agreement with Tenneco
Realty Development Corporation for
acquisition of certain public improve-
ments Stockdale Sewer Trunkline
Project.
This agreement requires Tenneco to construct the project
and obligates the City fo conduct proceedings for £ormation of an
Assessment District. If the Assessment District proceedings are
successfully completed, Tenneco will be repaid the construction
costs from proceeds of bond sales, retirement of which bonds shall
be the obligation of owners of properties benefited.
Mr. Ed Wilson, Civil Engineer for Tenneco Realty Develop-
ment Corporation, answered questions of Councilman Strong regarding
the bids for construction of this project. He stated the construct~Lon
work would be awarded to the lowest responsible bidder.
Upon a motion by Councilman Ratty, Agreement with Tenneco
Realty Development Corporation for acquisition of certain public
improvements - Stockdale Sewer Trunkline Project, was approved and
the Mayor was authorized to execute same.
270
Bakersfield, California, July 7, 1982 - Page 31
Ayes:
Noes: None
Absent: None
Adoption of Resolution No. 72-82 of
Application of the Council of the
City of Bakersfield proposing pro-
ceedings for annexation of territory
to the City of Bakersfield, identified
as Annexation No. 285 (Rio Bravo No.
2).
This annexation consists of approximately 53 acres locate~d
south of Highway 178 and east of and including a portion of Mira-
monte Drive and is necessary due to a survey location error dis-
covered in the original 1977 Rio Bravo Annexation to the City.
This placed a portion of the Rio Bravo Golf Course and future
residential development plan, approved by the City, within the
unincorporated County area. On June 17, 1982, the Planning Com-
mission recommended approval of the annexation.
Upon a motion by Councilman Rockoff, Resolution No.
72-82 of Application of the Council of the City of Bakersfield
proposing proceedings for annexation of territory to the City of
Bakersfield, identified as Annexation No. 285 (Rio Bravo No. 2),
was adopted by the following roll call vote:
Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Approval of Amendment to Agreement
No. 81-150 between the City of
Bakersfield and Bakersfield S.P.C.A.
for Animal Control.
The City wishes to retain the services of the S.P.C.A.
as Poundmaster for the City according to the terms and conditions
of Agreement No. 81-150. This amendment is necessary to continue
the terms of that agreement (including the rate of remuneration to
the S.P.C.A.), on a month-to-month basis and until such time as a
new agreement may be made.
Upon a motion by Councilman Payne, Amendment to Agreement
No. 81-150 between
for Animal Control,
execute same.
the City of Bakersfield and Bakersfield S.P.C.A.
was approved and the Mayor was authorized to
Bakersfield, California, July 7, 1982 - Page 32
27.1
Approval of Agreement between the
City of Bakersfield and Kaye Brundage
for instruction in Aerobic Fitness
for three Wednesdays at Beale Park.
Upon a motion by Councilman Rockoff, Agreement between
the City of Bakersfield and Kaye Brundage for instruction in Aerobic
Fitness for three Wednesdays at Beale Park, was approved and the
Mayor was authorized to execute same.
Approval of Agreement between the
City of Bakersfield and Peggy Poston
for instruction in Aerobic Fitness
for three Wednesdays at Beale Park.
Upon a motion by Councilman Christensen, Agreement between
the City of Bakersfield and Peggy Poston for instruction in Aerobic
Fitness for three Wednesdays at Beale Park, was approved and the
Mayor was authorized to execute same.
Approval of Agreement between the
City of Bakersfield and Kurt Nielsen
for Tennis Instruction for five weeks
at the West High School Tennis Courts.
Upon a motion by Councilman Christensen, Agreement
between the City of Bakersfield and Kurt Nielsen for Tennis
Instruction for five weeks at the West High School Tennis Courts,
was approved and the Mayor was authorized to execute same.
Approval of Agreement between the
City of Bakersfield and Dan Pace for
instruction in Body Conditioning on
an on-going basis at 2722 Chester
Avenue.
Upon a motion by Councilman Christensen, Agreement
between the City of Bakers£ield and Dan Pace for instruction in
Body Conditioning on an on-going basis at 2722 Chester Avenue, was
approved and the Mayor was authorized to execute same. Councilman
Rockoff abstained from voting on this matter.
Approval of Agreement between the
City of Bakersfield and Angelina
Quintana for instruction in Mexican
Cooking for two Saturdays at the
California Avenue Park Neighborhood
Facility.
Upon a motion by Councilman Christensen, Agreement
between the City of Bakersfield and Angelina Quintana for instruction
27'2
Bakersfield, California, July 7, 1982 - Page 33
in Mexican Cooking for two Saturdays at the California Avenue Park
Neighborhood Facility, was approved and the Mayor was authorized
to execute same.
Approval of 1982-83 Domestic Water
Enterprise Operation and Capital
Outlay Budget for the Ashe Division
and Deferment of scheduled Rate
Increase for 90 days.
This budget was prepared based on the current rate
schedule which sets a 10% rate increase effective July 1, 1982.
Due to estimated 1982-83 power costs being less than originally
estimated, the budget shows a balance of $147,000. The Water
Board has reviewed the budget and estimated fund balance and
recommends the Council adopt the budget and defer the scheduled
rate increase for 90 days. At the end of the 90 days the scheduled
rate increase will be reevaluated.
Upon a motion by Councilman Barton, 1982-83 Domestic
Water Enterprise Operation and Capital Outlay Budget for the Ashe
Division, was approved; and scheduled rate increase, was deferred
Councilman Means voted in the negative on this
for 90 days.
motion.
Approval of 1982-83 Domestic Water
Enterprise Operation and Capital
Outlay Budget for the Fairhaven
Division.
This budget was approved and recommended to Council for
adoption by the Water Board on June 30, 1982. This water system
was accepted by Council action on June 9, 1982, and California
Water Service Company has commenced its operation of the system,
in accordance with Agreement No. 82-55 with the City.
Upon a motion by Councilman Barton, 1982-83 Domestic
Water Enterprise Operation and Capital Outlay Budget for the
Fairhaven Division, was approved. Councilman Means voted in the
negative on this motion.
Bakersfield, California, July 7, 1982 - Page 34
273
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 10:45 P.M.
ATTEST:
MAv~~ ~ Calif.
PHILIP KELMAR
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
ma
'274
Bakersfield, California, July 21, 1982
Minutes of a Special Meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 P.M., July 21, 1982.
The meeting was called to order by Mayor Shell.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Rockoff, Barton, Christensen,
Means, Payne, Ratty
Absent: Councilman Strong
EXECUTIVE SESSION
The Council recessed to an Executive Session for
consultation with Gene Bell, City's Labor Negotiator, regarding
Labor Negotiations.
The Special Council Meeting was reconvened at 7:43 P.M.
ADJOURNMENT
Upon a motion by Councilman Means, the Special Council
Meeting was adjourned at 7:45 P.M.
MAYOR ity o Bakersfield, Calif
ATTEST:
CITY CLERK arid Ex ~fficio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, July 21, 1982
275
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., July 21, 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, Barton, Christensen,
Means, Payne, Ratty
Absent: Councilman Strong
Minutes of the regular meeting of July 7, 1982, were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Bill L. Williams, Superintendent of Panama Union
School District, requested adoption of an ordinance that would
comply with SB 201, which authorizes the Council to require
dedication of land or fees, or both, by subdividers and builders
whose new developments cause overcrowded conditions in schools.
Upon a motion by Councilman Payne, request from Panama
Union School District for an ordinance complying with SB 201, was
referred to the Budget Review and Finance Committee for study and
recommendation.
Mr. Lee Wilson, 911 Oak Street, outlined some of the
positive things Cox Cable TV is doing for the residents of this
community and suggested that the Council take the time to find out
what they are doing in order to answer questions of the public.
Councilman Christensen asked when the Council can expect
a report from the Head Office of Cox Cable TV.
Councilman Rockoff stated a letter has been received
from the District Office of Cox Cable Communications and it will
be read during Council Statements.
Mr. Bettie Wells, Chairman of the Mayor's Beautification
Committee, and Mr. Graham Kaye-Eddie presented the Council with a
sample City Flag and requested that the committee studying this
and the City Flower, Bird and Colors make a recommendation as soon
as possible.
276
Bakersfield, California, July 21, 1982 - Page 2
Upon a motion by Councilman Rockoff, sample City Flag
was referred to the Budget Review and Finance Committee for
consideration and recommendation back to the entire Council as
soon as possible.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
Edna Dewey Tillyet, 2615 - 18th Street, regarding transfer point
for Golden Empire Transit District, was received and referred to
the Voucher Approval Committee.
Upon a motion by Councilman Rockoff, communication from
Mary D. Raney & Barbara Beasley, 2909 La Costa Street, Apt. B,
dated July 7, 1982, protesting the contracting of garbage and trash
pickup by Howard's Garbage Service in Northeast Bakersfield, was
received and referred to the Public Works Department.
Upon a motion by Councilman Ratty, communication from
Thomas M. Miller, 3712 Lillian Way, dated July 9, 1982, protesting the
moving of the Police Pistol Range and Picnic Area to the current
location of the Nomad Bowmen's Archery Range, was received and
ordered placed on file.
Upon a motion by Councilman Rockoff, communication from
Katz, Hollis, Coren & Associates, Inc., dated July 13, 1982, sub-
mitting the complete draft of the Lakeview Avenue Neighborhood
Redevelopment Feasibility Study, was received and referred to staff
for study and recommendation.
Upon a motion by Councilman Christensen, communication
from Kern River Riders, P.O. Box 5142, dated July 14, 1982, sub-
mitting a proposal for an Equestrian/Hiking Trail, was received
and referred to the Public Works Department for study and recom-
mendation.
Upon a motion by Councilman Payne, communication from
Mike Root, Project Manager of Bakersfield RIDES, State Department
of Transportation, dated July 14, 1982, regarding a new community
service program for the downtown shopping area, was received and
referred to the Business Development and Parking Committee.
Bakersfield, California, July 21, 1982 - Page 3
277
Upon a motion by Councilman Rockoff, petition from
residents of Copperwood Lane, dated June 30, 1982, requesting that
a discrepancy in the name of their street be corrected, was received
and referred to the Planning Department.
Upon a motion by Councilman Christensen, communication
from Borton, Petrini & Conron, Attorneys at Law, 1712 19th Street,
dated July 19, 1982, regarding litigation to force the Council to
rescind the third amendment to the Downtown Redevelopment Plan,
was received and ordered placed on file.
COUNCIL STATEMENTS
Councilman Rockoff reported that at the request of the
Council the Budget Review and Finance Committee recently met with
Cox Cable TV representatives to discuss numerous complaints
received from customers regarding service. During discussions
the Committee requested that Cox Cable respond, in writing, as to
the steps they intend to take in the areas of customer relations,
customer accessibility to the offices, response to customer com-
plaints and what steps they intend to take to inform their customers
how their system is being rebuilt. As a result of the requests
correspondence was received from Cox Cable TV's Regional Office.
Councilman Rockoff read the following letter into the record:
July 6, 1982
Councilman Arthur Rockoff, Chairman
Budget Review & Finance Committee
City of Bakersfield
1501Truxtun Avenue
Bakersfield, California
Dear Councilman Rockoff:
It was a pleasure meeting you and the other
members of the Budget Review and Finance
Committee last Thursday. While I did not enjoy
the reason for our meeting, I did want to
follow-up, in writing, with our commitment to
improve the present Customer Relations problems
in Bakersfield.
The following changes have been or will be
implemented to improve Customer accessability
to our offices.
Bakersfield, California, July 21, 1982 - Page 4
1. Telephones:
We will be adding three (3) additional
lines to the existing Business office
number. This will bring to seven (7) the
lines available for incoming calls.
This work will be completed by July 23 (or
sooner depending on P. T. & T.'s workload.)
The Repair number (separate from the
Business number) will be manned by a Repair
Dispatcher from 8:30 a.m. until 7:00 p.m.
(presently operational from 8:30 a.m. to
5:00 p.m.). This will enable those sub-
scribers experiencing technical problems
to talk to an employee and he in turn can
communicate with the Technician(s) working
in the system.
This will be effective Tuesday, July 6.
We have requested the telephone company to
do a "Busy Study" to help determine:
1. Total calls received on a daily basis.
2. Number of calls lost due to busy lines.
3. The hours most impacted by heavy phone
traffic.
4. Development of a new phone system in
the relocated Business office.
5. Staffing.
This Survey will commence when the additional
lines are installed.
Development of a mailer to all subscribers
informing them of the added phone capacity,
expanded Repair Service, and a list of all
phone numbers.
Expected to be mailed by July 24th.
2. Business Office:
I have instructed Howard to extend our
business hours to 6:00 p.m. daily (presently
8:30 a.m. to 5:00 p.m.).
This extra hour will be devoted to paperwork
which is normally done during normal business
hours.
The effect of this will be to add staff in
answering the phones from 8:30 a.m. to
5:00 p.m.
This change will be effective July 12th.
The office will continue to be open to the
public from 8:30 a.m. to 5:00 p.m.
Bakersfield, California, July 21, 1982 - Page 5
279
We are committed to relocating our Business
office to a larger facility. Howard has
been working with local realtors for the
past several weeks on this.
We are interested in two properties and
could be in one or the other within 60 days
if all goes well. I will have Howard keep
you advised as to our progress.
3. Technical Service:
We presently have eight (8) service technicians
who are available daily (Monday through
Friday) to run service calls. We work over-
time every day until all no picture calls
are completed.
The added repair hours described will enable
us to be even more responsive to our sub-
scribers.
No picture calls are a priority with us.
While this number has increased as a direct
result of the rebuild, our response time
has not. We will continue to staff
accordingly.
4. Rebuild:
Our system rebuild continues at an accelerated
pace.
We anticipate completion of the rebuild by
the end of October.
Everything possible is being done to insure
a minimum of service interruptions. I must,
however, caution you that there will continue
to be problems until this rebuild is complete.
I hope this response to our meeting Thursday and
corrective actions by Cox will help convince you
and members o£ the City Council that we do take
our responsibilities seriously. We do recognize
that there are problems and are commuted to
resolving them.
Howard Channell will be in contact with each
member of the Council and City staff to review
our progress and solicit input as to potential
problems areas.
I want to assure you that my staff and I will
more closely monitor the Bakersfield situation
and do whatever is necessary to turn the present
situation around.
Sincerely,
Gary A. Hokenson
Vice President, Southwest Region
Bakersfield, California, July 21, 1982 - Page 6
Councilman Rockoff stated that as far as the Committee
is concerned this letter is strictly a public interim update of
what is happening and the matter is not closed. The Committee is
still concerned that the citizens of Bakersfield receive excellent
service from Cox Cable TV.
Councilman Christensen read a letter into the record
addressed to the General Manager of Cox Cable TV from Ward Fulcher,
2925 Roanoke Court, dated July 14, 1982, regarding a recent
experience he had with Cox Cable TV, as follows:
July 14, 1982
General Manager
Cox Cable TV
1615 "V" Street
Bakersfield, Calif.
93301
Dear Sir:
I understand that Cox is severely cramped for
space, and that causes problems such as in-
sufficient switchboards, but a recent experience
I had convinces me that your problems are not
confined to space, Thursday, July 8, a crew
came through stringing new cable through the
back yard. In the process, the cable to my
house was cut and just lying in the yard. I
didn't notice at the time, and when, later in
the day, I discovered it, I called the Cox
office. The young lady who answered said that
I should call the plant, and gave me the number.
I called, and the young man who answered wasn't
particularly concerned, and when I told him that
when something like a cut cable occurred, I
expected someone to be sent out to fix it
immediately. It wasn't as though I were waiting
for my turn to have cable installed, after all.
The young man said that that was impossible,
because 5 o'clock was quitting time. He said
that he'd try to phone a truck, but he couldn't
phone as long as I had him tied up on the phone.
No truck.
Friday I called and was told to phone the plant.
The same man answered and told me this time that
it wasn't his business, because the cable had
been cut by a company hired by Cox, so it was
up to that company. That, of course, is nonsense.
A company contracted by you is responsible to you,
not to me, and you are responsible to the guy
who sends you payments, me.
Next I had a good experience when I called your
office, because I talked to a very helpful young
lady named Cindy. I explained everything to her,
and she asked me to hold on while she checked
with someone. When she came back on, she said
that crews were out for the day, but someone
would definitely come by that evening. Good,
right? No. No one came by, thus ensuring that
I had no cable for the weekend. Monday, I
Bakersfield, California, July 21, 1982 - Page 7
again called Cindy, who had me hold again.
When she came back on, she said that for sure
some one would be by that evening. No such luck.
Repeat Tuesday. I called again Wednesday and
Cindy, after talking with someone, told me that
I had the personal guarantee of someone whose
name I don't recall that it would be done that
afternoon, and, sure enough a man came about
ten minutes after we hung up. Six days to do
a fifteen minute job? Incidentally, the man
who came out was courteous and competent.
I think that Cox Cable has a serious problem
with the company it contracts to string its
cable. Several weeks ago, when they strung
the support cable, they pulled my cable from
the house, thus necessity of a Cox worker. It
isn't a big job and I'm not really lazy, but
I am in a wheel chair. Again, the man from Cox
was considerate. We were preparing for a back
yard wedding reception for our daughter, and he
said that it would look better if less visible,
so he mounted it higher, which we appreciated.
Both the crew that strung the support cable and
the later cable had one thing in common: They
were garbage mouths. They didn't use any words
that were so exotic I didn't know them; in fact,
I must admit that, when pushed too far, I've
even used them, but I choose the occasion,
environment, and people present. I don't expect
to hear " " and " " yelled back and
forth by people working in my yard. This isn't
my imagination, because my neighbor commented
on the same thing.
One more thing about them: This may be im-
practical, but it seems we should be told when
our yard is to be entered. Because our yard
is completely private, it is not unusual for
us to take off our swimsuits while still out-
side the house. The lady next door said that
she does the same. When P. G. & E. have come
in to prune trees, they always let us know in
advance.
Ironically, two days before the cut cable
incident, I let Cox install the black box that
gives me all of those extra stations. Following
my recent experience, I will appreciate it if
you will have someone pick it up. I expect you
to reimburse me the $12.50 I paid to have it
installed as well as for the six days during
which I had no cable at all. Or you can simply
credit my next bill, if you wish.
When I hear from you, I will send photocopies
to the people listed below so they will have
both sides of the story.
Sincerely
Ward Fulcher
2925 Roanoke Court
Bakersfield, Calif.
93306
Bakersfield Better Business Bureau
Mayor Mary K. Shell
Councilmen Rockoff, Christensen, Means,
Ratty, Strong, Payne, Barton
282
Bakersfield, California, July 21, 1982 - Page 8
REPORTS
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 4-82 regarding Increased
Benefit for Fire Department Retired Employees Covered Under the
City's Relief and Pension Fund, as follows:
Recently, the City Council received correspondence
from Mary K~ Shell, Chairman of the Board of
Trustees of the City of Bakers£ield's Relief
and Pension Fund for the Fire Department. The
correspondence from Chairman Shell conveyed the
action taken by the Board of Trustees whereby
the Board unanimously voted to request the City
Council amend Chapter 2.92 of the Municipal
Code to grant an increase to the retirees.
Prior to the Board of Trustees' action, the
Board had an actuarial study performed to
determine the feasibility of granting additional
benefits to retirees under the fund. Benefits
studied included a one-time 10% increase as well
as an ongoing 2% cost of living increase. The
actuarial study determined sufficient assets
are available within the system to fund the
increase of benefits. The Committee also noted
the proposed increase in benefits would bring
the level of benefits to a level commensurate
with those received by retirees under the
Public Employees Retirement System (PERS).
Therefore, based upon the results of the
actuarial study and the request of the Board
of Trustees, the Governmental Efficiency and
Personnel Committee is recommending City
Council approve the benefit increase effective
with the payment received by retirees on July
31, 1982.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 4-82 regarding Increased Benefit
for Fire Department Retired Employees Covered Under the City's
Relief and Pension Fund, was accepted; and benefit increase
effective with the payment received by retirees on July 31, 1982,
was approved.
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 9-82 regarding "K" Street
Garage Monthly Parking Rates, as follows:
Recently, the City Council approved a recom-
mendation by this Committee to" . maintain
rental rates consistent and representative of
£air rental rates for such parking spaces
Bakersfield, California, July 21, 1982 - Page 9
2S3
leased on a monthly basis in the downtown area."
It was the Council's feeling that by doing so,
would encourage the development of parking by
private enterprise. Subsequent to this action,
the City Council has adjusted various lease
agreements to reflect a $30 per month rate for
parking spaces leased on a monthly basis in
the downtown area.
Pursuant to an attempt to maintain consistent
monthly parking rates in the downtown area,
this Committee has reviewed monthly rental
rates at the "K" Street Garage. We noted
there are 51 parking spaces currently leased
on a monthly basis, and there is a waiting
list of 70 applicants. Those spaces exposed
to the sun rent for $15 per month and those
protected from the sun rent for $20 per month.
This Committee feels it important to maintain
the consistency referred to earlier, therefore,
we recommend the City Council increase the
monthly rental rate to $30 for all 51 parking
spaces. We further recommend the increase be
effective October l, 1982, and that staff be
directed to notify all affected tenants with
their August billings.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 9-82 regarding "K" Street Garage
Monthly Parking Rates, was accepted; and rental rates for all 51
parking spaces was increased to $30.00 per month, effective October
1, 1982, and staff was directed to notify all affected tenants with
their August billing.
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 11-82 regarding Downtown
Improvement District - 1982-83 Proposed Budget, as follows:
At the request of businesses located in the
Downtown Area, a Business Improvement District
was established in July, 1968, and is defined
in Chapter 5.04 of the Municipal Code of the
City of Bakersfield. The "purpose and intent"
of the businesses wishing to establish the
Business Improvement District was to impose a
tax upon those businesses within the District
and to use proceeds for promotional activities
within a District. Also, the collection of
the additional tax shall be made at the same
time and in the same manner as any other
Business License Tax In addition, the City
Code provides that the City Council shall have
sole discretion as to how the monies derived
from this tax are to be used within the scope
of the purpose defined in the City Code. Based
upon projected revenues, a budget for the use
Bakersfield, Cali£ornia, July 21, 1982 - Page 10
of the projected revenues is prepared annually.
At the City Council Meeting of July 7th, the
Downtown Business Association submitted the
1982-83 proposed budget. The City Council
referred the matter to the Business Development
and Parking Committee.
This Committee has met with Kathy Butler, Office
Manager of the Downtown Business Association
to review the proposed budget. After reviewing
the budget, we conclude the budget is consistent
with the purpose and intent as set forth in the
Municipal Code. Therefore, this Committee
recommends the City Council approve the 1982-
83 proposed budget for the Downtown Improvement
District.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 11-82 regarding Downtown Improve-
ment District - 1982-83 Proposed Budget, was accepted; and proposed.
1982-83 Budget for the Downtown Improvement District, was approved.
Councilman Ratty, member of the Intergovernmental Relations
Committee, read Report No. 5-82 regarding Lease on Senior Citizens'
Properky, as follows:
At the June 23, 1982, City Council Meeting,
Council received a request from the Bakersfield
Association for Retarded Citizens (BARC) to
lease part of the Bakersfield Senior Citizens'
property on 4th Street. This request was
referred to the Intergovernmental Relations
Committee for further study and recommendation.
On July 2nd, this Committee met with staff to
discuss BARC's request. Discussions centered
on whether or not this lease would interfere
with the development of the Senior Citizens'
Center, an appropriate price for this property,
and the length of the lease. Staff has assured
us that the property in question is not
included in the first two development phases
for the Senior Center, and would be available
for at least two years.
An outside appraisal of the property was made
and was slightly higher than BARC's proposal.
They had proposed $1,009 per month, however,
through negotiations, they have agreed to
$1,100 per month.
Based on these facts, the Intergovernmental
Relations Committee is recommending Council
approval for the Mayor to sign the lease
agreement with BARC, which will lease property
west of the Senior Citizens' Facility, con-
taining shop buildings and storage yard, for a
one year period with an option for one addi-
tional year at $1,100 per month.
Bakersfield, California, July 21, 1982 - Page ll
Upon a motion by Councilman Ratty, Intergovernmental
Relations Committee Report No. 5-82 regarding Lease on Senior
Citizens' Property, was accepted; and Lease Agreement with BARC
for property west of the Senior Citizens' Facility, containing
shop buildings and storage yard, for a one year period with an
option for one additional year at $1,100 per month, was approved
and the Mayor was authorized to execute same.
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 9-82 regarding New Park
Policy, as follows:
At the last meeting of the City Council, this
Committee gave a report regarding the City's
policy for development of new parks. This
report was not acted on due to the need for
additional clarification regarding the Committee's
recommendation. As was pointed out in the
report two weeks ago, the City Council adopted
a policy in 1981 whereby future developments
provide for financing of construction and
maintaining new park sites by use of Maintenance
Districts. Since that time, one Park Maintenance
District has been formed, one is in the process
of being formed, and several others are being
proposed. This policy appears to be working
satisfactorily where the size of development
justifies the developer paying the construction
cost and then transferring the maintenance cost
to new home owners through Maintenance Districts.
A problem exists, however, in areas such as
the Fairfax/Morning Drive area and the Panama
Lane area where smaller developments do not
justify dedication and construction of a park
by a single owner. The staff has expressed its
concern that these areas are developing without
provisions being made for parks. In addition,
some developers have expressed their willing-
ness to participate in park development as long
as each developer pays his fair share for the
cost. The Planning Commission has expressed
their concern on this matter and has requested
that the City Council offer some direction along
these lines.
The Auditorium-Recreation Committee has re-
evaluated this issue and we are suggesting that
the Council recommend the adoption of a policy
for newly developing areas not served by an
existing park which would require the formation
of a Park Maintenance District and the dedica-
tion of land and/or fees to be paid for the
purpose of providing park facilities as a
condition of the approval of a final subdivision
or parcel map.
286
Bakersfield, California, July 21, 1982 - Page
This Committee further recommends that the
Planning Commission be directed to prepare a
Recreational Element of the General Plan and
develop standards for dedication of land and/or
fees to be paid for the purpose of providing
park or recreational facilities to serve sub-
divisions.
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 9-82 regarding New Park Policy,
was accepted; and recommendations as outlined in the report, were
approved.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 23-82 regarding Designation of
Participating Lending Institution for Commercial Rehabilitation
Program, as follows:
On July 13, 1982, this Committee met and dis-
cussed the issue of designating a lending
institution to participate with and administer
the City's Commercial Revitalization Program.
Staff made a report at that time during which
eight separate issues were discussed in order
to compare the strengths o£ the two lenders
being considered for participation in this
program. The issues covered included flexi-
bility of the bank to work within the para-
meters of the City's desired revitalization
program; cooperation indicated by the banks in
meeting all the goals and providing the
necessary tools; loan to value ratio provided
by each of the finalists; City responsibility
relative to each of the proposals; fees required
of each of the banks; interest rates of proposals
under the various programs; and the amount of
fund leveraging that was proposed by each of
the lenders.
Based on an evaluation of these factors; it was
determined that Crocker Bank clearly indicated
the strongest alternative in providing the City
with a well balanced workable Commercial
Revitalization Program.
We are, therefore, recommending the designation
of Crocker Bank as the participating lender for
this program, and recommending approval of the
agreement that established the working relation-
ship between the City of Bakersfield and Crocker
National Bank.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 23-82 regarding Designation of
Participating Lending Institution for Commercial Rehabilitation
Bakersfield, California, July 21, 1982 - Page 13
Program, was accepted; Crocker National Bank was designated as
participating lender for this program; and Agreement with Crocker
National Bank establishing the working relationship with the City
of Bakersfield, was approved and the Mayor was authorized to
execute same.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 24-82 regarding Request for
Inducement Resolution from Planz Village Community Center, as
follows:
On July 1, 1982, this Committee considered the
request submitted by Planz Village Community
Center requesting consideration and approval
of an Inducement Resolution that would allow
the issuance of tax exempt bonds for the
purpose of financing a commercial-retail center
on the northeast corner of New Stine and Planz
Roads.
During this consideration, the Committee was
unable to justify this project based on the
five major criteria established by the City
Council. These criteria deal with, 1) creation
of job intensive industry; 2) upgrading of
existing structures, businesses or £acilities;
3) construction activity in economically
impacted areas; 4) when the issuance of these
bonds or notes will induce or encourage growth
in a sector of our community that has not
experienced growth; and 5) when the issuance
of these bonds or notes will result in the re-
use of existing structures of architectural or
historic significance.
After considerable discussion regarding the
merits of this project, relative to the standards
and guidelines established by the City Council,
it is the feeling of this Committee that it would
be inappropriate to use tax exempt financing
resources in an area that has experienced
considerable growth and expansion through the
use of conventional financing mechanisms. For
this reason, this Committee has determined that
it cannot recommend approval of the requested
Inducement Resolution.
Councilman Rockoff made a motion that Budget Review and
Finance Committee Report No. 24-82 regarding Request for Induce-
ment Resolution from Planz Village Community Center, be accepted.
Councilman Payne stated that anywhere in Kern County
would be economically affected, at this time, by g multi-million
dollar project that will create 615 new jobs, $8,000,000.00 in
Bakersfield, California, July 21, 1982 - Page 14
major construction contracts for local contractors and $346,000
additional Sales Tax Revenue for the City of Bakersfield. South-
west Bakersfield has been growing, however, it has stagnated like
the rest of the County in recent months and this would be a good
stimulus. There is a strong possibility that without the Induce-
ment Resolution and resulting bonds that there may not be a project.
Therefore, there would be no jobs, increased Sales Tax Revenue and
$8,000,000.00 in subcontracts to the local community. Before the
Council supports the Budget Review and Finance Committee's recom-
mendation to deny the Inducement Resolution it should be referred
to a Committee to work closely with staff to make a determination
as to whether or not the project will actually be built without the
Inducement Resolution or if it is vital to the completion or
construction of it. This is a major decision that requires further'
consideration.
Councilman Rockoff stated he does not believe it was the
intent of the legislation, allowing tax exempt financing, to cover
this type of project. This is basically a shopping center like the
ones at Stockdale Highway and California Avenue and Mr. Vernon
Avenue and Columbus Street. It is being constructed in an area
that is rapidly expanding. It is very difficult to believe that it
will not be constructed if the Inducement Resolution does not pass.
Councilman Rockoff further stated, if this is set as a precedent,
he would feel almost required to allow every commercial development
in the City to be given the same privilege.
Mr. Michael Cutbirth, General Partner of Planz Village,
stated Kern County's major industries, oil and agricultural, are
both suffering severely in this recession. Drilling rigs are
operating at 46% of capacity. One year ago they were operating
at 100% of capacity. Every major oil company in town has made
drastic budget cuts, instituted hiring freezes and commenced
reductions in the number of their employees. All of this is having
a negative impact on the local economy. Today jobs should be
Bakersfield, California, July 21, 1982 - Page 15
created and the local economy kept strong and growing and Charter
City financing is a tool to achieve that goal. Bond financing is
not a subsidy. It is a tool that allows cities to create jobs,
promote growth and reap all the benefits of new business through
the free enterprise system. The purpose behind Federal and State
legislation, authorizing cities to issue bonds, is to allow small
businesses to compete with big businesses in attracting capital to
qualify projects. Charter City financing is designed for and
limited to small business and this source of capital has never beer~
more important to our small business system than during today's
economic times. Mr. Cutbirth named several cities that have approved
this type of financing and presented a copy of an ad the City of
Irvine placed in the "Airport Business Report," July, 1982,
requesting projects for Charter City financing. Mr. Cutbirth
requested approval of the Inducement Resolution for the project.
Councilman Means stated this is a mechanism that local
government can use to provide an incentive for economic growth
that is needed at a time when interest rates are so high that the
development would not otherwise occur. His one concern is that
the City does not get into financing or assisting in projects that
would otherwise go ahead and be viable without those bonds, because
the City would then increase the businesses profit. Councilman
Means stated he is not ready to vote on the Inducement Resolution
tonight and requested that Mr. Cutbirth submit to City staff the
financing information so an assessment can be made as to whether
the project needs the bonds to proceed.
Mr. Cutbirth stated that information was submitted to
the Budget Review and Finance Committee.
Councilman Means offered a substitute motion that the
matter of the request for an Inducement Resolution from Planz
Village Community Center be referred back to the Budget Review and
Finance Committee for discussions with the City Manager. After
Bakersfield, California, July 21, 1982 - Page 16
further discussion this motion carried by the following roll call
vote:
Ayes: Councilmen Barton, Means, Ratty, Mayor Shell
Noes: Councilmen Rockoff, Christensen, Payne
Absent: Councilman Strong
Pursuant to Section 14 of the City Charter, which states
that in case of a tie vote by the Council the Mayor shall cast the
deciding vote, Mayor Shell voted Aye.
Councilman Christensen, in clarifying his negative vote,
stated he sees no need to refer this matter back to Committee and
he is in favor of the Inducement Resolution.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 25-82 regarding Relocation of
Police Pistol Range and Public Picnic Area Facility, as follows:
On July 7, 1982, the Water and City Growth
Committee submitted a report addressing the
issue of relocating the Police Pistol Range
and Public Picnic Area Facility to 27 acres of
City property currently leased by the North
Bakersfield Recreation and Park District for
use by the Nomad Bowmen, Inc. Prior to taking
action, the City Council referred the matter
to the Budget Review and Finance Committee £or
additional study and recommendation.
This Committee met with staff as well as Mr.
O'Neil of the'Parkway Commission and Mr. McCain
of the Nomad Bowmen. We thoroughly discussed
the matter and reviewed such items as the need
to relocate both facilities (Pistol Range and
Picnic Area), alternative locations, the use of
public land by the Bowmen, should both the
Pistol Range and the Picnic Area be together,
and the Kern River Land Use Study currently
underway. We also reviewed the preliminary
estimated market value of the existing facility.
Pursuant to our discussions, we concluded there
are two distinct issues which should be addressed
separately:
1. The need for a new Pistol Range.
2. The relocation of the Picnic Area.
We concur with the conclusions of the Water and
City Growth Committee inasmuch as the City needs
a new Pistol Range, not only due to the City
outgrowing the existing facility, but the recent
development in the area of the present Pistol
Bakersfield, California, July 21, 1982 - Page 17
291.
Range necessitates major improvements to the
facility or more appropriately, the relocation.
However, this Committee feels all alternatives
should be examined and studied prior to recom-
mending a specific location for the facility.
On the issue of the City property, this Committee
concluded the 27 acres currently being leased by
the Bowmen for $175 per year should more
appropriately be made available for use by the
general public. We recognize the recreational
facility currently provided by the Bowmen,
however, we believe the 27 acres along the Kern
River should be available to all the residents
of the City of Bakersfield and the Picnic Area
currently located next to the Pistol Range
could be relocated to the referred to property
along the river.
Therefore, this Committee recommends the City
Council:
Direct staff to examine alternative sites
for the relocation of the Police Pistol
Range and report back to this Committee.
Direct Public Works Department to proceed
with preliminary concept, design, and cost
estimates for relocating the Picnic Area.
As provided in the existing lease agreement,
give a 60 day written notice of termination
to the North Bakersfield Recreation and
Park District.
Direct staff to negotiate a month-to-month
lease agreement between the City and Nomad
Bowmen, Inc.
Finally, this Committee recommends that no
further action be taken until the Kern River
Land Use Study has been completed.
Councilman Rockoff made a motion that Budget Review and
Finance Committee Report No. 25-82 regarding Relocation of Police
Pistol Range and Public Picnic Area Facility, be received; and
recommendations as outlined in the report approved.
Mr. Gary McCain, President of the Nomad Bowmen Archery
Club, in answer to questions by Councilman Means, stated they are
more than willing to work with the City, there is no real reason
they should have exclusive use of the property and they are willing
to share it and their improvements on a reservation basis.
Councilman Means stated the Council's intent last time
was to inform the Nomad's that they could not use the property and
his intent tonight is that the Council find property they can use
on a nonexclusive basis.
Bakersfield, California, July 21, 1982 - Page 18
In answer to a question by Councilman Christensen, City
Manager Kelmar stated the Pistol Range should be moved, even
though the Picnic Area is moved, due to the development in the
area and safety factors.
Councilman Christensen indicated he feels the real reason
the City wants to move the Police Pistol Range is not for safety,
but money.
In response to Councilman Means' request, Councilman
Rockoff amended recommendation No. 2 from the report to read as
follows:
2. Direct Public Works Department to proceed
with preliminary concept, design, and cost
estimates for relocating the Picnic Area
and work with the Nomad Bowmen to attempt
to effect a joint use of the property.
Mr. McCain expressed the Nomad Bowmen's concern that the
lease of the property will go up so high they cannot affort to stay
at that location.
Councilman Rockoff stated there may be some consideration
given to an increase in the amount of the lease, but it is not the
intent of the City to try to put them out of business financially.
Mr. McCain requested that when the reservation policy of
this area is set that they be given some type of priority, because
they presently use the property often.
Councilman Rockoff's amended motion that Budget Review
and Finance Committee Report No. 25-82 regarding Relocation of
Police Pistol Range and Public Picnic Area Facility, be accepted;
staff directed to examine alternative sites for relocation of the
Police Pistol Range and report back to the Budget Review and Finance
Committee; Public Works Department directed to proceed with
preliminary concept, design and cost estimates for relocating the
Picnic Area and work with the Nomad Bowmen to attempt to effect a
joint use of the property; a 60-day written notice of termination
be given to the North Bakersfield Recreation and Park District, as
provided in existing lease agreement; staff directed to negotiate
Bakersfield, California, July 21, 1982 - Page 19
293
a month-to-month lease agreement between the City and Nomad Bowmen,
Inc.; and no further action taken on this matter until the Kern
River Land Use Study is completed, was approved.
Mayor Shell declared a brief recess at 9:50 P.M. and
reconvened the meeting at 10:00 P.M.
City Manager Kelmar reported the Bakersfield Art
Association is planning a major renovation of the Cunningham Art
Gallery and has requested the use of City General Services personnel
to assist in electrical installation and the redecorating portion
(painting and refinishing existing wall surfaces) of their plans.
It is suggested that the Council approve the use of General Services
staff in the electrical installation and possibly next year the
Council could budget for assisting in the painting.
Upon a motion by Councilman Ratty, the General Services
staff was authorized to assist in the electrical installation at
the Cunningham Art Gallery's renovation project.
City Manager Kelmar stated an application for an Encroach-
ment Permit has been received from the Downtown Business Association
to drape a banner across Chester Avenue at 19th Street for one week
to advertise a sidewalk sale to be held July 30 and 31, 1982.
Upon a motion by Councilman Christensen, Encroachment
Permit for the Downtown Business Association to drape a banner
across Chester Avenue at 19th Street for one week starting July 23,
1982, to advertise a sidewalk sale, was granted. Councilmen Ratty
and Rockoff abstained from voting on this matter.
City Manager Kelmar stated because salary negotiations
are not completed it will not be necessary to start Budget Sessions
until Wednesday, July 28, 1982, and requested that the one set for
Tuesday, July 27, 1982, be canceled.
Upon a motion by Councilman Christensen, Budget Session
set for Tuesday, July 27, 1982, was canceled.
City Manager Kelmar reported that the Board of Supervisors
recently took action to impose a fee for the collection of Special
':d 9 4
Bakersfield, California, July 21, 1982 - Page 20
Assessments levied by cities; such as Building Demolition,
Maintenance Districts, etc. Since the passage of Proposition 13
the County has had a tremendous increase in these Special Assess-
ments. In the past there was no charge for the collection, but
it has become a real burden for the Auditor-Controller's Office
and they are requesting that an agreement be approved levying a
15~ per parcel charge to cover the administrative cost of placing
the assessment, collection and distribution of the funds.
Upon a motion by Councilman Rockoff, Agreement with the
County of Kern imposing a fee for the collection of Special Assess-
ments levied by the City of Bakersfield, was approved and the Mayor
was authorized to execute same.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a)
Allowance of Claims Nos. 7187 to 7477 and
1 to 58, inclusive, in the amount of
$1,658,355.25.
(b)
Claim for Damages from G. Edward Krulls
and Jacqueline Krulls, Road 2, Box 40,
Del Mar, New York. (Refer to City
Attorney)
(c)
Claim for Damages from Dee Gonzales, 1900
Forrest Street, Bakersfield. (Refer to
City Attorney)
(d)
Claim for Damages from Mark S. Adams,
2113 Greenwood Drive, Bakersfield. (Refer
to City Attorney)
(e)
Claim for Personel Injuries from Linda Sue
and Myron Dale Annis, 502 Beardsley Avenue,
Apt. "O", Oildale. (Refer to City Attorney)
(f)
Map of Tract No. 4532 and Improvement
Agreement with Barratt Northern California,
Inc., for construction of improvements
therein, located on north side of Fairview
Road, west of Osbourne Street.
(g)
Improvement Agreement for Parcel Map No.
6581 with James A. & Pauline A. Moore
for construction of improvements required
by the Planning Commission, located south
of Pacheco Road, on the west side of Union
Avenue.
(h)
Improvement Agreement for Parcel Map No.
6672 with California Plaza Investors, Ltd.,
for construction of improvements required
by the Planning Commission, located at the
southeast corner of California Avenue and
Marella Way.
Bakersfield, California, July 21, 1982 - Page 21
295
(i)
Improvement Agreement with Golden Empire
Sports, Inc., for construction of improve-
ments required for Conditional Use Permit
No. 3761 at l100 Kern Canyon Road,
adjacent to Mesa Marin Raceway.
(j) Notices of Completion and Acceptance of
Work on:
Construction of Chemical Storage Building
at the Corporation Yard, Contract No.
82-15 with McCarthy Steel Construction
Company.
Tract No. 4321, Unit "C", Contract No.
81-66 with Auburn Venture, located on
Auburn Street east of Fairfax Road.
(k)
Grant Deed from Colbek Development Cor-
poration providing for a drainage sump
as required for Tract No. 3972, Units C
and D and Tentative Tract Nos. 4396 and
4373, located south of Pacheco Road, east
and west of Akers Road.
(i)
Application for Encroachment Permit from
Beef and Beanery, a partnership, c/o Skip
and Rick Slayton, 200 Roberts Lane, Oildale,
for construction of an awning type over-
hang over the sidewalk area at 1919 "K"
Street.
(m)
Application for Encroachment Permit from
Warren Newbury, 5405 Appletree Lane,
Bakersfield, for construction of a 36
inch open weave chain link fence behind
the existing sidewalk at 5405 Appletree
Lane.
(n)
Plans and Specifications for construction
of Restroom Modifications at the City
Corporation Yard.
(o)
Agreement with Anderson, Clayton, Inc.,
for assignment of crops by Gary Garone
and Garone Farms and Cattle Company at
the Sewer Farm.
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n) and (o) of
the Consent Calendar, were adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne,
Ratty
Noes: None
Absent: Councilman Strong
Bakersfield, California, July 21, 1982 - Page 22
DEFERRED BUSINESS
Adoption of Ordinance No. 2756 New
Series of the Council of the City of
Bakersfield amending Title 8 of the
Municipal Code of the City of Bakers-
field by amending Section 8.44.050
B.7. of Chapter 8.44 relative to Sale
of Safe and Sane Fireworks.
Upon a motion by Councilman Rockoff, Ordinance No. 2756
New Series of the Council of the City of Bakersfield amending Title
8 of the Municipal Code of the City of Bakersfield by amending
Section 8.44.050 B.7. of Chapter 8.44 relative to Sale of Safe and
Sane Fireworks, was adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne,
Ratty
Noes: None
Absent: Councilman Strong
Adoption of Ordinance No. 2757 New
Series of the Council of the City of
Bakersfield repealing Chapter 15.08
relative to Fire Zones.
Upon a motion by Councilman Christensen, Ordinance No.
2757 New Series of the Council of the City of Bakersfield
repealing Chapter 15.08 of the Bakersfield Municipal Code relative
to Fire Zones, was adopted by the following roll call vote:
Ayes:
Councilmen Rockoff, Barton, Christensen, Means, Payne,
Ratty
Noes: None
Absent: Councilman Strong
Adoption of Ordinance No. 2758 New
Series of the Council of the City of
Bakersfield amending Title 15 of the
Municipal Code of the City of Bakers-
field by amending Chapter 15.64
relative to Fire Zones.
Upon a motion by Councilman Christensen, Ordinance No.
2758 New Series of the Council of the City of Bakersfield amending
Title 15 of the Municipal Code of the City of Bakersfield by
amending Chapter 15.64 relative to Fire Zones, was adopted by the
following roll call vote:
Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne,
Ratty
Noes: None
Absent: Councilman Strong
Bakersfield, California, July 21, 1982 - Page 23
297
Adoption of Ordinance No. 2759 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of certain property in the
City of Bakersfield commonly known
as 500 West Columbus Street.
The application for this amendment was made by James L.
Wattenbarger and would change subject property from an MH (Mobile-
home) Zone to a C-1 (Limited Commercial) and C-2 (Commercial) Zones.
The Planning Commission recommended approval of the zone
change subject to the condition that a 6 foot high chain link fence
be installed to City Standards along the east property line adjacent
to the canal within 180 days of adoption of the ordinance rezoning
the property or start of construction, whichever is sooner.
Mr. Wattenbarger signed a contract agreeing to the
condition and provided the Planning Director with aregistered check
guaranteeing performance of the contract.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2759 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of certain property in the City of Bakersfield commonly
known as 500 West Columbus Street, finding said zonings consistent
with the General Plan, were adopted by the following roll call vote.:
Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne,
Ratty
Noes: None
Absent: Councilman Strong
Adoption of Ordinance No. 2760 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 bounded by
40th Street to the north, "Q" Street
to the east, abandoned 38th Street
to the south, and "O" Street to the
west (Conditional).
This ordinance was given first reading at the Council
1981.
Meeting of December 2,
Bakersfield, California, July 21, 1982 - Page 24
by 40th Street to the north, "Q" Street to the east,
38th Street to the south, and "O" Street to the west
finding said zoning consistent with the General Plan,
by the following roll call vote:
The application for this amendment was made by Bruce
Benna and would change subject property from an R-1 (One Family
Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling) Zone.
Mr. Benna has entered into a contract with the City to
assure installation of improvements as required by Conditional
Zoning approved by the Planning Commission.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2760 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 bounded
abandoned
(Conditional),
were adopted
Councilmen Rockoff, Barton, Christensen,
Ratty
Means, Payne,
Ayes:
Noes:
Absent:
None
Councilman Strong
NEW BUSINESS
Adoption of Resolution No. 73-82 of
the Council of the City of Bakers-
field accepting equipment, grant
deed and easements relative to Fair-
haven Water Distribution System.
Acceptance by the City of the easements, grant deed and
other water related equipment completes the condition within Agree-
ment No. 80-36 for the acquisition, construction, operation and
financing of the Fairhaven Water Distribution System within Fair-
haven Industrial Fire Protection District.
Upon a motion by Councilman Payne, Resolution No. 73-82
of the Council of the City of Bakersfield accepting equipment,
grant deed and easements relative to Fairhaven Water Distribution
System,
Ayes:
Noes:
was adopted by the following roll call vote:
Councilmen Rockoff, Barton, Christensen, Means,
Ratty
None
Payne,
Absent: Councilman Strong
Bakers£ield, California, July 21, 1982 - Page 25
.99
Reception of Certificate of Election
from Kern County Clerk o£ Results of
Special Municipal Election for City
Measures "A" and "B", held on June 8,
1982.
The results of the election were as follows:
YES NO TOTAL
MEASURE "A" 19,661 4,172 23,833
(Charter Amendment)
MEASURE "B"
(Advisory Measure)
15,029 7,680 22,709
Upon a motion by Councilman Christensen, Certificate of
Election from Kern County Clerk of all Votes Cast for City of
Bakersfield's Special Municipal Election, at the State Direct
Primary Election held on the 8th day of June, 1982, was received,
ordered placed on file and the results spread on the minutes.
Adoption of Resolution No. 74-82 of
the Council of the City of Bakers-
field declaring the results of
Canvass of Returns of the Special
Municipal Election for Measures A
and B held on the 8th day of June,
1982.
This resolution accepts the Canvass of Election Returns
of the Special Municipal Election as certified by the Kern County
Clerk. It declares the results of the City Charter Amendment
(Measure A) and Advisory (Measure B) Election, as follows:
MEASURE "A"
PASSED
MEASURE "B"
PASSED
Upon a motion by Councilman Christensen, Resolution No.
74-82 of the Council of the City of Bakersfield declaring the
results of Canvass of Returns of the Special Municipal Election
for Measures A and B held on the 8th day of June, 1982, was adopted
by the following roll call vote:
Ayes:
Councilmen Rockoff, Barton, Christensen, Means, Payne,
Ratty
Noes: None
Absent: Councilman Strong
300
Bakersfield, California, July 21, 1982 - Page 26
Adoption of Resolution of Intention
No. 75-82 of the Council of the City
of Bakersfield to establish Maintenance
District No. 2.
This proposal is to establish a Maintenance District to
provide for the payment of costs and expenses of maintaining and
operating a park in the Amberton Area, located at the intersection
of School House Road and Vallecito Lane. The formation of this
District has been requested by petition of the property owners in
the Amberton Area. The resolution directs the Public Works Directc,r
to prepare a report and budget for the proposed District.
Upon a motion by Councilman Means, Resolution of
Intention No. 75-82 of the Council of the City of Bakersfield to
establish Maintenance District No. 2, was adopted by the following
roll call vote:
Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne,
Ratty
Noes: None
Absent: Councilman Strong
Adoption of Resolution No. 76-82 of
the Council of the City of Bakers-
field preliminarily adopting, con-
firming and approving Public Works
Director's Report; appointing time
and place for hearing protests to
the proposed District; the boundaries
thereof; the fairness of the benefit
formula; the amount of assessment to
be levied against each parcel; and the
reservation of right to perform work
by City forces.
This resolution gives preliminary approval to the report
of the Director of Public Works, including Maintenance District
boundaries, benefit formula, budget and assessments, and sets the
protest hearing for the Council Meeting of August 18, 1982.
Upon a motion by Councilman Means, Resolution No. 76-82
of the Council of the City of Bakersfield preliminarily adopting,
confirming and approving Public Works Director's Report; appointing
time and place for hearing protests to the proposed District; the
boundaries thereof; the fairness of the benefit formula; the amount
Bakersfield, California, July 21, 1982 - Page 27
301
of assessment to be levied against each parcel; and the reservation
of right to perform work by City forces, was adopted by the
following roll call vote:
Ayes Councilmen Rockoff, Barton, Christensen, Means, Payne,
Ratty
Noes None
Absent: Councilman Strong
Adoption of Resolution No. 77-82 of
the Council of the City of Bakers-
field fixing time, date and place
for hearing report of Building
Official specifying work done, cost
of work and description of property
upon which Dangerous Buildings have
been demolished and hearing any
protests or objections thereto.
This resolution sets the date of public hearing for
Wednesday, August 18, 1982, in the Council Chambers of City Hall
and a notice will be published in the newspaper and mailed to the
property owners as shown on the Assessment Roll of the County of
Kern.
Upon a motion by Councilman Christensen, Resolution No.
76-82 of the Council of the City of Bakersfield fixing time, date
and place for hearing report of Building Official specifying work
done, cost of work and description of property upon which Dangerous
Buildings have been demolished and hearing any protests or
objections thereto, was adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne,
Ratty
Noes: None
Absent: Councilman Strong
Deferral of action on Agreement between
the City of Bakersfield and Carl Warren
and Company for services in connection
with the duties and responsibilities of
administering a Self-Insurance Program.
This is a renewal of last year's agreement under the same
the
terms and conditions, with the exception of a change in
contractor's hourly rate from $22.00 to $24.00.
3O2
Bakersfield, California, July 21, 1982 - Page 28
Councilman Payne made a motion that Agreement between
the City of Bakersfield and Carl Warren and Company for services
in connection with the duties and responsibilities of administering
a Self-Insurance Program, be approved and the Mayor authorized to
execute same.
Councilman Rockoff questioned the City Attorney about
the 9.6% increase in this agreement and stated he did not feel it
is reasonable under today's economy.
Councilman Rockoff offered a substitute motion that
action on Agreement between the City of Bakersfield and Carl Warrer~
and Company for services in connection with the duties and respon-
sibilities of administering a Self-Insurance Program, be deferred
for renegotiation with the contractor to see if he will go back to
the $22.00 per hour and no more than $23.00 per hour. This motion
was approved by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Means, Ratty
Noes: Councilmen Christensen, Payne
Absent: Councilman Strong
Approval of Purchase of American
National Bank property by the
Bakersfield Redevelopment Agency,
located on 19th Street between "K"
and "L" Streets.
In accordance with the Land Banking Program and Guidelines
approved by the Council, the Redevelopment Agency, at their June
meeting, approved the acquisition of the American National Bank
properties on 19th Street between "K" and "L" Streets. The agree-
ment between the Redevelopment Agency and City Council requires
Council approval of each Agency project.
Due to a real or imaginary conflict of interest Council-
man Payne did not participate in this matter.
Upon a motion by Councilman Barton, purchase of American
National Bank property by the Bakersfield Redevelopment Agency
located on 19th Street between "K" and "L" Streets, was approved.
Councilman Payne abstained from voting on this matter.
Bakersfield, California, July 21, 1982 - Page 29
303
Authorization granted to Mayor to
execute form for lot line adjustment
and Quitclaim Deed for exchange of
land between the City of Bakersfield
and Society for Crippled Children and
Adults.
Pursuant to direction of Intergovernmental Relations
Committee Report No. 4-82, the City Attorney negotiated a land
trade with the Society for approximately 60 feet of frontage on
4th Street. The two parcels are of equal size and approximately
of equal value. There is no monetary exchange in this land trade.
The City must request a lot line adjustment to be approved by the
Planning Commission prior to recordation of the respective deeds.
Upon a motion by Councilman Christensen, Authorization
was granted to Mayor to execute form for lot line adjustment and
Quitclaim Deed for exchange of land between the City of Bakersfield
and Society for Crippled Children and Adults for approximately 60
feet of frontage on 4th Street.
Approval of Agreement with the County
of Kern for continuation of Adult
Diversion Program, a cooperative
effort between the Kern County
Probation Department and the Bakers-
field Police Department.
This agreement continues a process of diverting young
adult, first offenders of minor offenses, from being processed in
the normal manner through the Criminal Justice System. It is
essentially the same agreement approved by the Council on July 29,
1981, with the only significant changes being a new budget and an
expanded need statement describes the program and benefits).
Upon a motion by Councilman Rockoff, Agreement with the
County of Kern for continuation of Adult Diversion Program, a co-
operative effort between the Kern County Probation Department and
the Bakersfield Police Department, was approved and the Mayor was
authorized to execute same.
HEARINGS
This is the time set for continued public hearing on an
Appeal by Maranatha Video Games to the decision of the Board of
304
Bakersfield, California, July 21, 1982 - Page 30
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.
This hearing was continued from the Council Meeting of
June 23, 1982, for a recommendation from the Business Development
and Parking Committee, and from the Council Meeting of July 7,
1982, at the request of Mr. Hixson.
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 10-82 regarding Emergency
Ordinance and Fee Schedule for Temporary Use Permit, as follows:
Recently, Mr. Lee Hixson of Maranatha Video
Games appea].ed to the City Council the decision
of the Board of Zoning Adjustment (BZA) denying
an application for a Conditional Use Permit 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. The hearing was
continued and the matter was referred to the
Business Development and Parking Committee for
study and recommendation.
This Committee has met several times on the
matter, not only with members of staff, but
with Mr. Hixson as well. We have reviewed Mr.
Hixson's request to set up a permanent location
where he can operate from when he is not at
parties or specific events at other locations.
This Committee concurs with the denial of an
application for a Conditional Use Permit inas-
much as a mobile business is inconsistent with
the business uses in the area as well as
concurring with the other findings of the BZA.
However, we feel a "temporary use" would be
appropriate. As such, the Committee requested
the City Attorney prepare an emergency ordi-
nance relative to a Temporary Use Permit.
In essence, the "temporary use" is a use which
would require a Conditional Use Permit for the
Bakersfield, California, July 21, 1982 - Page 31
305
pation.
structure
property, which use does not include the use
of or making of permanent improvements to real
property and which use does not exceed l0 days
in any calendar year on that property or other
property within a 400 yard radius for which a
permit is granted.
Therefore, this Committee recommends the City
Council approve and adopt the emergency ordinance
of the Council relative to Temporary Use Permits.
We further recommend the City Council approve
the resolution setting forth the fees as
required by the Ordinance.
Mayor Shell declared the hearing open for public partici-
Mr. Richard Hixson, applicant, questioned why a mobile
containing a realty office has been allowed across the
street from Juanito's for three years and has not been required
to leave. Mr. Hixson indicated he has the support of all the
surrounding businesses and residents. The proposed ordinance for
a Temporary Use Permit, which will allow him to stay at one
business only 10 days per year, will put him out of business. Mr.
Hixson requested that the ordinance be amended to allow him to
leave the trailer in one spot 4 days per month.
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.
After a lengthy discussion, upon a motion by Councilman
Rockoff, Zoning Resolution No. 291 of the Council of the City of
Bakersfield denying appeal from the Board of Zoning Adjustment
decision denying a Conditional Use Permit to allow the parking of
a trailer and the operation of ten video games contained in said
trailer located within the parking lot of Juanito's Mexican Food
Restaurant on that certain property commonly known as 4675 Ming
Avenue, was adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne,
Ratty
Noes: None
Absent: Councilman Strong
306
Bakersfield, California, July 21, 2982 - Page 32
Adoption of Emergency Ordinance No.
2761 New Series of the Council of
the City of Bakersfield adding
Section 17.66.050 to Title 17 of the
Bakersfield Municipal Code relative
to Temporary Use Permits.
Upon a motion by Councilman Barton, Emergency Ordinance
No. 2761 New Series of the Council of the City of Bakersfield
adding Section 17.66.050 to Title 17 of the Bakersfield Municipal
Code relative to Temporary Use Permits allowing 4 days at one
location in any 30 day period, with a provision that no Permit
shall be issued after January 21, 1983, at which time a decision
will be made by the Council regarding this ordinance, was adopted
by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty
Noes: Councilman Rockoff
Absent: Councilman Strong
Adoption of Resolution No. 78-82 of
the Council of the City of Bakers-
field adopting Fee gchedule for
processing applications for Temporary
Use Permits.
Upon a motion by Councilman Barton, Resolution No. 78-82
of the Council of the City of Bakersfield adopting Fee Schedule
for processing applications for Temporary Use Permits, was adopted
by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne,
Ratty
Noes: None
Absent: Councilman Strong
This is the time set for public hearing before the
Council on an Appeal by Maude E. Taylor to the decision of the
Board of Zoning Adjustment regarding the requirement that side-
walks be installed as a condition to granting her application for
a Conditional Use Permit to allow a pre-school and day care center
for 84 children with 7 staff members in an R-3 (Limited Multiple
Family Dwelling) Zone, affecting that certain property in the City
of Bakersfield commonly known as 804 11th Street.
Bakersfield, California, July 21, 1982 - Page 33
307
This hearing has been duly advertised and the property
owners notified as required by law.
Maude Taylor submitted a letter requesting that this
appeal be withdrawn.
Councilman Means stated that due to a real or imaginary
conflict of interest he would not participate in this matter.
City Attorney Oberholzer advised the Council that no
action need be taken because Ms. Talyor withdrew her appeal.
This is the time set for public hearing before the
Council for hearing protests by property owners on the amount of
assessment, parcels of property to be assessed or reservation by the
City of its right to elect to perform work of maintenance by City
forces on Maintenance District No. 1, which provides the basis for
the benefit assessment for maintaining street landscaping and
irrigation systems to be borne by all parcels or property within
Maintenance District No. 1, generally extending west from the east
curb line of the median strip of Gosford Road to the eastern
boundary of the Arvin-Edison Canal and the area extending south
from the south curb line of Stockdale Highway to the centerline of
Ming Avenue.
This hearing has been duly advertised and the property
owner notified as required by law.
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being received and no one
wishing to speak in favor, the public portion of the hearing was
closed for Council deliberation and action.
Upon a motion by Councilman Means, Resolution No. 79-82
of the Council of the City of Bakersfield for Maintenance District
No. 1 approving and adopting the 1982-83 Budget, levying assess-
ments, reserving the right to perform maintenance work by City
forces and authorizing collections of assessments by the Kern
3O8
Bakersfield, California, July 21, 1982 - Page 34
County Tax Collector,
Ayes
Noes
Absent:
was adopted by the following roll
Councilmen Rockoff, Barton, Christensen, Means,
Ratty
Council
call vote:
Payne,
None
Councilman Strong
This is the time set for public hearing before the
regarding the approval of the application of L.O.R.,
Incorporated for Industrial Development financing of a manufacturir~g
plant and related facilities on White Lane, east of Ashe Road.
This hearing has been duly advertised.
Mayor Shell declared the hearing open for public partici-.
pation. No protests or objections being received and no one wishing
to speak in favor, the public portion of the hearing was closed for
Council deliberation and action.
Upon a motion by Councilman Christensen, Resolution No.
80-82 of the City Council of the City of Bakersfield conditionally
approving the L.O.R., Inc., Project, was adopted by the following
roll call vote:
Ayes Councilmen Rockoff, Barton, Christensen, Means, Payne,
Ratty
Noes None
Absent: Councilman Strong
This is the time set for public hearing before the Council
to consider adoption of ordinances amending and reviewing Title 15
of the Municipal Code, pertaining to Buildings and Construction.
The ordinances were given first reading at the meeting of
July 7, 1982.
This hearing has been duly advertised and no written
protests or objections have been filed in the City Clerk's Office.
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being received and no one
wishing to speak in favor, the public portion of the hearing was
closed for Council deliberation and action.
Bakersfield, California, July 21, 1982 - Page 35
309
Sections
Sections
relative
call vote:
Upon a motion by Councilman Payne, Ordinance No. 2762
New Series of the Council of the City of Bakersfield amending
15.04.010, 15.04.100 C. and 15.04.140 C. and repealing
15.04.110 and 15.04.120 of the Bakersfield Municipal Code
to General Provisions, was adopted by the following roll
Ayes Councilmen Rockoff,
Ratty
Noes None
Absent: Councilman Strong
Upon a motion by Councilman Payne,
Barton, Christensen, Means, Payne,
Ordinance No. 2763
New Series of the Council of the City of Bakersfield amending
Chapter 15.12 of the Bakersfield Municipal Code relative to Uniform
Building Code, was adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne,
Ratty
Noes: None
Absent: Councilman Strong
Upon a motion by Councilman Payne, Ordinance No. 2764
New Series of the Council of the City of Bakersfield amending
Chapter 15.16 of the Bakersfield Municipal Code relative to Uniform
Mechanical Code, was adopted by the following roll call vote:
Ayes Councilmen Rockoff, Barton, Christensen, Means, Payne,
Ratty
Noes None
Absent: Councilman Strong
Upon a motion by Councilman Christensen, Ordinance No.
2765 New Series of the Council of the City of Bakersfield amending
Chapter 15.20 of the Bakersfield Municipal Code relative to Uniform
Housing Code, was adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Rockoff,
Ratty
None
Barton,
Christensen, Means, Payne,
Councilman Strong
310
Bakersfield, California, July 21, 1982 - Page 36
Upon a motion by Councilman Christensen, Ordinance No.
2766 New Series of the Council of the City of Bakersfield amending
Sections 15.24.010 and 15.24.020 of the Bakersfield Municipal Code
relative to Abatement of Dangerous Buildings, was adopted by the
following roll call vote:
Ayes Councilmen Rockoff, Barton, Christensen, Means, Payne,
Ratty
Noes None
Absent: Councilman Strong
Upon a motion by Councilman Christensen, Ordinance No.
2767 New Series of the Council of the City of Bakersfield amending
Chapter 15.28 of the Bakersfield Municipal Code relative to Uniform
Plumbing Code, was adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne,
Ratty
Noes: None
Absent: Councilman Strong
Upon a motion by Councilman Christensen, Ordinance No.
2768 New Series of the Council of the City of Bakersfield amending
Chapter 15.32 of the Bakersfield Municipal Code relative to
Electrical Code, was adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Christensen, Means, Payne,
RattY
Noes: None
Absent: Councilman Strong
Upon a motion by Councilman Payne, Ordinance No. 2769
New Series of the Council of the City of Bakersfield amending
Title 15 of the Municipal Code of the City of Bakersfield by
amending Chapter 15.64 relative to the Uniform Fire Code, was
adopted by the following roll call vote:
Ayes
Noes
Absent:
Councilmen Rockoff,
Ratty
None
Barton, Christensen, Means, Payne,
Councilman Strong
Bakersfield, California, July 21, 1982 - Page 37
311
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 11:20 P.M.
o~e City Calif.
ATTEST:
CLE~~ ~--~-
CITY Officio Clerk of the Council
of the City of Bakersfield, California
ma
312
Bakersfield, California, July 28, 1982
Minutes of a budget session of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 P.M., July 28, 1982.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance.
The City Clerk called the roll as follows:
Present: Mayor Shell.
Councilmen Strong, Barton, Christensen,
Means, Payne, Ratty, Rockoff
Absent: None
City Manager Kelmar stated that tomorrow night, after
the hearing on the Capital Improvement Budget, staff would like to
request an Executive Session to discuss Labor Negotiations.
Mayor Shell indicated that the Executive Session would
be called.
Councilmen Ratty, Means and Rockoff, members of the
Budget Review and Finance Committee, read Report No. 26-82 regardir~g
Operating Budget for Fiscal Year 1982-83, as follows:
It is the responsibility of the Budget Review
and Finance Committee to review and make recom-
mendations on the proposed Annual Operating
Budget. In adopting the Operating Budget for
Fiscal Year 1981-82, the City Council considered
the level of service to be satisfactory and
chose not to make any reductions. With that
decision in mind, this Committee approached
the review of this Operating Budget similar to
that taken last year. We met with each of the
department heads and discussed at great length
the various programs, program objectives and
service levels under their administration.
The budget format is similar to that of last
year. The proposed budget is divided into six
major service areas: Management Services,
Environmental Services, Development and Trans-
portation Services, Public Safety Services,
Recreation and Cultural Services, and Support
Services. In turn, these service areas are
further broken down into the various programs
and subprograms that make-up each major service
area. Major specific annual objectives to be
achieved during the 1982-83 Fiscal Year are
also listed for each subprogram.
The Operating Budget discussed in this report
consists of the operating expenses and fixed
asset purchases proposed for the General Tax
Rate Category and operating type expenditures
within the Community Development Block Grant
Bakersfield, California, July 28, 1982 - Page 2
313
and Gas Tax, which are included in the Restricted
Agency Category. Operating expenses consist
basically of materials, supplies, utilities,
etc. Fixed assets consist of departmental
capital outlay items such as office equipment,
automotive equipment, communication equipment,
etc. Our review of the Operating Budget did
not include salaries, supplemental benefits
nor capital improvement projects. The Govern-
mental Efficiency and Personnel Committee will
make recommendations on all salary matters.
The entire City Council will review the proposed
Capital Improvement Program, which has been
evaluated by the Planning Commission.
As in prior years, the Departmental Operating
Budgets have been prepared in a manner to
reflect the total costs of providing a particular
program, which includes such items as Data
Processing, Legal, Finance, Personnel, etc.
This is accomplished by including in the budgets,
where applicable, such items as (1) Custodial
Services Cost Allocation, Object Number 75300;
(2) Administrative Cost Allocation, Object
Number 75400; and (3) Rental Internal Organi-
zations, Object Number 76200.
The Custodial Service Cost Allocation is
reflected in those programs which receive
custodial services. In the case of programs
located in City Hall, each program is charged
for their proportionate share of the maintenance
cost of City Hall, based on their total square
footage of office space. Programs operating
outside of City Hall are charged based on the
cost of employees and materials involved in
performing the services.
The Administrative Cost Allocation entails an
allocation of the cost of staff programs (i.e.,
City Manager's Office, City Clerk, City Attorney,
and Finance) to the various line programs, (i.e.,
Police, Fire, Public Works, etc.), based on the
percentage that the cost of each line program
bears to the total cost of all line programs;
the theory being that staff programs are designed
to provide services to the line programs. The
allocations are deducted from the budgets of
the staff programs as "Cost Applied," Object
Number 70001, so that the total City budget
remains unchanged.
The Equipment Maintenance Division of the Public
Works Department provides a central equipment
pool for all departments. This rental charge
is reflected in each using department's budget
under the account entitled, "Rental Internal
Organizations," Object Number 76200. These
rental rates are adjusted annually to reflect
the cost of operating the applicable equipment.
While considering the Operating Budget, we once
again noted the importance for both the City
Council and the public to understand the effect
314
Bakersfield, California, July 28, 1982 - Page 3
of growth and development on City operations,
more specifically, the demand for services.
Although the City Manager presented various
statistical information in his transmittal
letter, contained in the Preliminary Budget,
we felt it important to repeat those statistics
so as to point out the tremendous growth which
has occurred in Bakersfield over the past l0
years.
1972 1981
Percentage
Increase
City population
76,100 113,190
49
City area in square
miles
29 77 166
Street miles
277 470 70
City parks
13 20 54
Fire-calls for service 1,797
4,509
150
Police-reported crimes 7,252
18,115
150
arrests 7,180 14,993 109
calls for service
70,919' 87,042 22
patrol miles
1,449.079 1,802,605
24
*Earliest statistics available are for 1975
The following is a summary of the Operating
Budget indicating the amount, prior to alloca-
tions as described above, for each City program.
Also included are pertinent comments as well as
recommendations concerning the items included
in this specific budget and a page referred to
the applicable budget in the Preliminary Budget
document.
MANAGEMENT SERVICES
Mayor - (Page 19-21) - $6,625
The proposed Operating Budget is the same as
last year.
City Council (Page 22-24) - $634,850
The proposed Operating Budget reflects the
approved increase of $25,200 in the agreement
between the City and the S.P.C.A.
City Manager - (Page 26-31) - $342,400
This Committee reviewed the specific annual
objectives within each subprogram in the City
Manager's Budget. In reviewing the objectives,
we noted the 1981-82 objectives included an
educational program for all management personnel
Bakersfield, California, July 28, 1982 - Page 4
315
on "Management by Objectives" in an effort to
assist the department heads in preparing
objectives so as to achieve the level of service
as directed by the City Council. Consistent
with that direction, one objective for 1982-83
is an educational program for all management
personnel on "Performance Measurement" which
we feel will assist staff in attaining the
objectives as well as measuring the attainment
and reporting to the City Council. Also, we
noted the positive approach being taken by
proposing objectives to increase the number of
minorities by at least 5% in the sworn personnel
complement. We further noted that at the time
the Preliminary Budget was prepared, it was
necessary to include estimates for a Council-
manic Election during the 1982-83 Fiscal Year.
Since the recent election and approval of the
Charter Amendment changing the dates, the next
Councilmanic Election will be November, 1983,
consequently, eliminating the necessity of
providing $84,150 in the 1982-83 Budget.
Insurance (Property & Liability) - (Page 34-35) -
For the past few years the City has enjoyed
favorable experience in our Self-Insured Program.
As such, the Self-Insurance Fund sustained itself
without charges to the General Fund over the last
two Fiscal Years. It is important to note this
program provides funding for property and
liability insurance premiums only. Those costs,
when necessary, are reflected in this program
and are not spread throughout the Operating
Budget. In the case of Workers' Compensation
or Unemployment Compensation, the costs are in
direct relation to salaries. As such, the costs
are easily identifiable and are included in the
"salary and related benefits" section of each
Operating Budget. This Committee feels it
important to point out, at this time, that
throughout the Operating Budgets, provisions
and charges have been made to fund monies for
Workers' Compensation during the 1982-83 Fiscal
Year.
ENVIRONMENTAL SERVICES
Wastewater Services - (Page 48-52) $1,864,810
As was done with the other programs, this Com-
mittee reviewed, in considerable detail, the
specific annual objectives for the Wastewater
Services. While reviewing the objectives, we
noted the recent improvements made to Waste-
water Treatment Plant No. 3 by the installation
of additional aerators to reduce the odor at the
Treatment Plant.
Refuse Management Services - (Page 54-57) $2,638,465
In reviewing the objectives for the Refuse Manage-
ment Services Program, we noted the proposal to
distribute 500 additional 300 gallon containers
3!6
Bakersfield, California, July 28, 1982 - Page 5
for the automatic loading refuse collection
system. This will complete the distribution
program, putting in full operation our auto-
matic loading refuse collection system. As
such, the savings to the City are clearly noted
by the necessity to fund only 42 of the 46
approved positions in this program. Similar
savings are reflected in the Equipment Rental
Account due to fewer pieces of equipment needed
for the refuse collection. In summary, we
noted the cost of providing refuse collection,
in the Municipal Services Division of this
program, reflects an overall reduction for
82-83.
On March 31, 1982, the City Council approved a
new contract between the City of Bakersfield
and Kern Refuse Disposal, Inc. Kern Refuse
Disposal, Inc., provides approximately one-
half of the refuse collection in the City,
and the approval of the new agreement on March
31st ensures the continued "50/50" relationship
of providing refuse collection to the City.
Additionally, the agreement provides for the
City to add to its total pickups by City forces,
the first 1,000 new collections. As a result
of the efficiency of our mechanical collection,
this will be done without additional personnel.
The agreement also provides a method of deter-
mining annual rate adjustments to the contractor
by using the City's cost as a basis with certain
adjusting factors as provided in the agreement.
By doing so, we feel the City will have control
over any increases by tying it to City operations
and costs. The result of those calculations
amount to $1,793,500 estimated to be paid for
contract refuse collection in Fiscal Year 1982-83.
This amounts to an average monthly cost per
residential pickup of $5.14 versus $5.04 last
year.
DEVELOPMENT AND TRANSPORTATION SERVICES
Development Services Administration - (Page
69-73) - $110,160
This program consists of the Development Services
Administration within the General Fund and the
Community Development/Economic Development
Administration within the Community Development
Block Grant. While reviewing the objectives of
Development Services Administration, this
Committee noted the level of services will be
maintained consistent with that for 81-82 Fiscal
Year.
In our discussion with staff, it was noted that
in cooperation with the City Manager's Office,
the Director of Fire and Development Services
will be administering the development of the
combined City/County Fire Communication and
Training Program as directed by the City Council.
We further noted, in the Community Development/
Economic Development objectives, the continued
Bakersfield, California, July 28, 1982 - Page 6
317
effort being put forth with the Housing Oppor-
tunities Program by including a program for
new construction incentives.
Planning - (Page 75-78) - $104,835
After reviewing the specific annual objectives
with staff, we recommend that Objective Number
7 in the "Advance Planning" Subprogram be
removed. In light of fiscal constraints, the
City will be concentrating on island annexations
south of the Kern River and north of the Arvin/
Edison Canal. We feel it premature to develop
policies beyond those boundaries during the
1982-83 Fiscal Year.
Public Works Administration
$97,820
(Page 80-83) -
While reviewing and discussing the proposed
objectives, we noted it is the City's policy
to recover related costs through fees for
inspecting Subdivision Permits, Encroachment
Permits, plan checking, and miscellaneous
surveys. We recommend such fees be reviewed
and adjusted annually so as to insure the City
recovering those related costs.
Engineering Services - (Page 85-89) - $207,545
After a complete review and discussion of the
proposed specific annual objectives, this Committee
recommends that Objective Number 6 under "Design"
be changed from "process two annexations per
quarter" to "process annexations as necessary."
Streets (Page 91-94) - $1,380,170
While reviewing the Street Maintenance Division,
we once again noted there has been no additional
personnel added for over 15 years. The City's
policy of acquiring and using modern up-to-date
equipment along with the Street Maintenance
personnel willing to schedule their 40 hour
workweek dependent upon the City's needs, have
contributed to maintaining the number of
personnel needed in this subprogram. Although
that has been the case over the past 15 years,
we concur with the Public Works Director's
conclusion that with the City's growth and
continued increase in street miles within the
City, it will be necessary for the City Council
to consider additional personnel if we are to
maintain the present level of service being
provided in the Street Maintenance Program.
While discussing the objectives for the Street
Cleaning Program, as with the Street Maintenance
Program, we noted the result of additional
street miles within the City Limits creating a
situation whereby it will be necessary to add
a new position and additional equipment approxi-
mately at midyear to maintain the current level
of service as well as provide this service to
future island annexations. Also, while discussing
318
Bakersfield, California, July 28, 1982 - Page 7
Objective Number 7, whereby staff proposes to
inspect, clean, and repair drainage sumps, as
needed, we noted the total number of sumps
(currently 70) has more than doubled in the
past two years.
Traffic Control - (Page 96-99) - $558,435
After reviewing the proposed specific annual
objectives for the Traffic Control Program,
this Committee recommends a fourth objective
be added to the Traffic Engineering Subprogram,
which will address the issue of peak hour
traffic movement counts at high volume inter-
sections in an effort to improve the traffic
flow during the referred to peak hours.
PUBLIC SAFETY SERVICES
Police Services (Page 120-131) - $2,117,850
This Committee reviewed the specific annual
objectives of each division of the Police Depart-
ment in great detail. During our discussions we
took note of the further breakdown and more
specific identity given to the operations of
the Communications Center, Crime Lab, Property
Room, and Communications (equipment and systems).
These subprograms were previously included in
the subprograms of Technical Services, Vice, and
Investigations. This further breakdown of police
services will furnish the City Council with more
specific information with regards to annual
objectives and their attainment during the Fiscal
Year. During our extensive discussions and
review of the objectives, we discussed such
items as priorities in the Vice Division,
response times for Police Patrol, and the need
for more officers on patrol. As we have been
directed by the City Council, we continue to
recognize the importance of adequate police
services in the City. We noted the expanding
districts and patrol miles, while not increasing
the complement of Police Officers, is causing
response times to be greater thereby affecting
the level of service.
This Committee felt every effort should be made
to assist the Police Department in providing
the level of police protection for the City;
and as such, we recommend that an additional
objective be added to the Communications Sub-
program to further evaluate the need for a
"high level" site as well as alternatives.
Additionally, so as to assist with the maintenance
of criminal records in the Technical Services
area, we recommend that an objective be added
to establish, in cooperation with the Data
Processing Division, an "alpha index" system
on the City's data processing system, which
will assist in the filing as well as retrieving
of criminal reports.
Bakersfield, California, July 28, 1982 - Page 8
319
Fire Services - (Page 136-142) - $1,165,435
During the course of our discussions on the
specific annual objectives for each division,
it was noted the effort being put forth by all
of the divisions to achieve the maximum level
of fire protection for the City and to proceed
with the Council's decision regarding the City/
County Cooperative Fire Protection Plan. In
order to assist the City Council in measuring
the level of fire protection service provided
the City and assist the Council in evaluating
the successful attainment of the City/County
cooperative effort, we feel several recommendations
and additional objectives to be appropriate.
First, we recommend the Operations Division
develop and include an objective in order to
measure and provide a method of reporting on
the level of £ire protection service. Also,
we recommend the Fire Safety Control Division
be more specific and "quantify" objectives so
as to again provide a method of measuring the
attainment of the objectives, i.e., to be able
to measure the results of the prevention efforts.
We also recommend an objective be added to the
Administration Division, which will establish a
program of measuring what steps are being taken
in each fire station with regards to energy
conservation.
Building Services - (Page 144-149) - $706,980
In reviewing the specific annual objectives,
this Committee noted that the Building Services
personnel evaluate and recommend fee schedules
to cover the cost of related City services. As
in earlier discussions, this Committee recommends
an annual analysis and updating of such fees to
ascertain the fees do in fact recover the related
cost of services.
Included in the Building Services Program is
the Conservation Section of the Community
Development Block Grant Program. While re-
viewing the objectives, we noted plans to
complete the rehabilitation of the Senior
Citizens' Center and to occupy the Center by
June, 1983.
Repair and Demolition - (Page 150-151) $40,000
This budget provides for the demolition of
dangerous buildings and reflects the demolition
of 40 substandard buildings versus the demolition
of 20 during the past year. The City funded
costs are ultimately assessed against affected
property and collected through the tax rolls.
Street Lighting - (Page 152-153) - $849,545
During the course of our discussion and review
of the specific annual objectives, we took note
of the progress being made with the conversion
to high pressure sodium vapor lights throughout
32O
Bakersfield, California, July 28, 1982 - Page 9
the City. We feel it important for the Council
to realize the conversion effort during the
1981-82 Fiscal Year is a factor in reducing our
energy consumption and is estimated to have
saved the City approximately $30,000. The
City enjoyed this savings with approximately
25% of the conversion being completed.
RECREATION AND CULTURAL SERVICES
Recreation - (Page 162-168)
As the Council will recall, the budgets for
Aquatics, Sports, Parks and Playgrounds, and
California Avenue Facility were adopted in April
to enable the Recreation Department to begin
their hiring for summer programs.
Parks - (Page 170-174) - $934,540
While reviewing the specific annual objectives,
the Public Works Director recommended that
Objective Number 2, under Grounds Maintenance,
be changed to read "to provide an annual
maintenance program on parks and median islands
at a rate of 12.90 acres per person." This is
a change from 11.60 acres per person. Also,
Objective Number 3 should be eliminated. We
note these changes to more appropriately reflect
the intent of the Preliminary Budget document
and concur with the recommendations.
We also noted the proposal to reduce lighting
energy costs at certain City parks by the
installation of energy efficient fixtures.
Further, additional savings will be enjoyed by
the attainment of the objective to initiate a
Pest Control Program at City owned public
buildings.
Auditorium - (Page 176-179) - $371,870
While reviewing the objectives with the Auditorium
Manager, we took note of Objective Number 2 under
Management and Promotion and recognize the public
service being provided by the recently installed
Ticketron. The Ticketton system is being used
extensively without reducing the level of
service to those persons wishing to acquire
tickets for events in the Auditorium itself.
Additionally, we noted the objective under
Operations and Maintenance to decrease the
number of occupational injuries and illnesses
by 20% over the next Fiscal Year.
Cunningham Art Gallery - (Page 180-181)
$3,785
The budget for the Cunningham Art
vides for utilities and custodial
is consistent with prior years.
Gallery pro-
services and
Bakersfield, California, Ju~y 28, 1982 - Page
3'21
SUPPORT SERVICES
Finance - (Page 190-196) - $88,580
While reviewing the specific annual objectives
for the Finance Department, we noted the continued
effort of Finance personnel to provide information
and reports on a timely basis to both the City
Council and operating departments. Also noted
was the objective to continue City-wide instruction
regarding purchasing procedures in order to
maximize each purchasing dollar, as well as the
aggressive, yet prudent, manner in which Cash
Management has continued to invest all idle
funds.
Data Processing - (Page 198-201) - $111,305
As we addressed earlier in this report, this
Committee recommends the addition of an objective
dealing with the establishment of an "alpha
index" system to assist with the maintenance
of criminal reports in the Technical Services
area of the Police Department. Also, we recog-
nize the necessity of proceeding with the
development of a "police information system"
and recommend staff develop an objective dealing
with this matter and include the objective in
those proposed for completion during 1982-83.
Generally, such a system will place the exten-
sive amount of information, currently maintained
and retrieved manually, onto the City's computer
system. By doing so, the ability to retrieve
needed information in a more timely manner will
not only be beneficial to in-house personnel,
but the patrol officer on the street will be
assisted with needed information through the
Communications Center.
City Attorney (Page 203-206) - $59,510
While reviewing the specific annual objectives
for the City Attorney's Office, we noted the
increased trial activity. The City has been
self-insured for six years. The law requires
lawsuits against the City to be brought to
trial within a five year period or the case is
automatically dismissed. As such, many cases
have been and will be coming to trial. In
addition to trial activity, the City Attorney's
Office is heavily involved in the area of loss
prevention in conjunction with other departments
in such areas as Safety Programs.
General Services - (Page 208-213) - $542,125
In our review of the special annual objectives
for the General Services Division, we noted the
continued program of training City personnel in
areas of inspection and maintenance on certain
equipment, which results in overall savings in
the area of maintenance contracts, etc. Fiscal
Year 1982-83 will see the training of one
employee in elevator maintenance and repair
while last year training was concentrated in
the area of heating and air conditioning.
Bakersfield, California, July 28, 1982 - Page ll
SUMMARY
Subsequent to our review of the Preliminary
Budget document with the City Manager and all
the department heads, and due to the uncertainties
as to when a decision would be made at the State
level regarding the State Budget, and to what
magnitude that decision would have on the City's
anticipated revenues from State subventions,
the City Council approved a motion to defer
budget hearings until the latter part of July.
On July 19 and 20, this Committee, with the
City Manager and his staff, met to review up-
dated and current estimates regarding available
funds and projected revenues for 1982-83 Fiscal
Year. For your information, attached to this
report is an updated Schedule I (Page 5 in the
Preliminary Budget). First, it should be noted
the estimated Fund Balance as of July l, 1982,
reflects an additional $660,000. The original
estimate was based upon information available
in May and the present estimate has been up-
dated based upon the information available as
of July 19th. Primarily, the increase is
brought about by the State Legislature taking
action in June, which reflects a speed-up of
Sales Tax collections amounting to $325,000.
The balance is principally a result of an un-
anticipated increase in Sales Tax for the month
of June.
As noted above, estimates in the Preliminary
Budget for revenues (other than Property Taxes),
were based upon information available in May.
As the Council is aware, the recently adopted
State Budget will result in a substantial
reduction in the amount of State Motor Vehicle
In-Lieu Tax, which the City will receive during
1982-83. Although the reduction is approximately
$1.5 million, about half of the reduction is
offset by more current projections of revenues
for next year. Principally, as a result of the
increase in Sales Tax collections for June and
end of the Fiscal Year determination of interest
income, the City Manager considers an upward
adjustment to his 1982-83 projections of Sales
Tax and interest income revenues to be appropriate.
The revised Schedule I reflects an increase in
estimated Property Taxes compared to what was
originally estimated in the Preliminary Budget.
It is important to note that Property Tax
revenues were based upon information available
from the County Assessor as of March, 1982.
The revised projections of Property Taxes for
next year are based upon County Assessor infor-
mation obtained by the City Manager on July 19,
1982.
In summary, the net effect of the updated and
more current information available regarding
fund balances and revenue projections for
1982-83 results in approximately $370,000
Bakersfield, California, July 28, 1982 - Page 12
available for appropriation. This amount,
together with the $800,000 available for
appropriation and included in the Council
Contingency Account, plus the $84,000 savings
resulting from the Councilmanic Election not
having to be funded until 1983-84, (as noted
earlier in this report), results in an overall
amount of approximately $1,250,000 available
to the City Council for appropriation.
CONCLUSION
As a result of our meetings with the City Manager
and all department heads, we are satisfied with
the level of service presently being provided
and feel it represents the desires of the
residents of the City of Bakersfield. However,
we feel the City Council should continually be
cognizant of the tremendous growth the City is
encountering, and the inevitable effect this
will have on the level of service unless the
City Council takes appropriate steps to handle
the growth. The Committee feels areas such as
street maintenance, park maintenance, street
sweeping, and police services are continuing
to provide services to the expanding City with-
out additional resources. The City Council must
continue to monitor these areas to insure the
level of service is maintained.
In conclusion, this Committee recommends the
approval of this report and adoption of the
Operating Budget as modified in this report.
Councilman Strong commended the Budget Review and Finance
Committee and staff for the job they did in holding the line and
maintaining an acceptable level of service, recognizing that the
entire Country is in a recessed state. Councilman Strong also
commended staff for recommending that budget hearings be held at
this time as opposed to the traditional time in May and June. The
City's financial position is much clearer at this time and more
accurate projections can be made.
Mayor Shell requested comments from people in the
audience, and no one indicated a wish to speak.
Councilman Means expressed his appreciation to the other
members of the Budget Review and Finance Committee and staff for
all the time and effort they put into the budget. In the next
couple years the Council and staff are going to have a difficult
time finding the funds to maintain a level of service. As long
324
Bakersfield, California, July 28, 1982 - Page 13
as the City continues to annex the burden of providing services
should not fall on the people already in the City. It is a
serious situation that will have to be looked at and dealt with
in the next few years.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report
for Fiscal Year 1982-83,
Fiscal Year 1982-83, was
No. 26-82 regarding Operating Budget
was accepted; and Operating Budget for
approved, by the following roll call
vote:
Ayes: Councilmen Strong,
Ratty,
Noes: None
Absent: None
Upon
recessed its
29, 1982, at
Barton, Christensen, Means, Payne,
Rockoff
RECESS
a motion by Councilman Christensen, the Council
budget session at 7:45 P.M., until Thursday, July
7:00 P.M.
MAYOR ity of Bakersfield, Calif.
ATTEST:
CITY C Of/~icio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, July 29, 1982
Minutes of a budget session of the Council of the City
o£ Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 P.M., July 29, 1982.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance.
The City Clerk called the roll as follows:
Present:
Mayor Shell.
Absent: None
Councilmen
Strong, Barton, Christensen,
Means (seated at 7:10
Payne, Ratty, Rockoff
PUBLIC HEARING ON FEDERAL REVENUE
SHARING FUNDS.
Mayor Shell declared the meeting open for public hearing
on Revenue Sharing Funds.
Assistant City Clerk Anderson stated written requests
for Revenue Sharings Funds were received from the following
organizations:
Southern San Joaquin Wings, dated May 20, 1982,
for acquisition of approximately 310 acres of
land located in the Kern River Bluffs Area,
east of Hart Park and south of the Kern River
State Park, to be utilized by radio-controlled
gliders and hang gliders for a recreational
park.
Bakersfield Symphony Orchestra, dated June 8,
1982, to provide thirteen Young People's
Concerts in the Civic Auditorium for school
children in the City of Bakersfield Schools
only from Kindergarten through the 7th Grade.
Altrusa Club of Greater Bakersfield (Alliance
on Family Violence), dated July 15, 1982, for
$100,000 to build, purchase or modify a structure
to be used as a shelter for battered women and
their children.
Mr. Frank W. Harris, President of the Southern San Joaquin
Wings, 28 Western Drive, explained the function of the Southern
San Joaquin Wings, and their desire to preserve the Kern River
Bluffs Area, east of Hart Park and south of the Kern River State
Park for hang gliding as a recreational park.
Mr. Richard Newman, Owner of Sparkle Cleaners, 121 Monterey
Street, requested Revenue Sharing Funds for rebuilding of bridges
on Sacramento and Stockton Streets.
326
Bakersfield, California, July 29, 1982 - Page 2
Mr. Pete Jones, President of the Bakersfield Symphony
Orchestra, requested Revenue Sharing Funds, in the amount of
$48,500, to provide thirteen concerts at the Civic Auditorium for
Bakersfield City School children only, from Kindergarten to the
7th Grade.
In answer to a question by Councilman Christensen, City
Manager Kelmar stated there is $3,007,150 available in Revenue
Sharing Funds.
Councilman Rockoff stated the request for Revenue Sharing
Funds for concerts for young people does not fit into the policy
developed by the Council last year, that:
1. Highest priority be given to capital
improvement projects, which serve all
residents of the City;
2. They are not to be used to finance ongoing
operations; and
3. Projects providing services to County, as
well as City residents, should only be
approved if the County provides funding in
a proportionate and significant amount.
Mr. Jones stated they have no intention of requesting
funds for a second year for the young people's concerts. They
feel if they can get the project off the ground it can be carried
on from there through private funding.
Councilman Strong stated he wanted to make it clear to
the public that the Council adopted a policy that provides guide-
lines as to how Revenue Sharing Funds should be expended, and that
is the issue being discussed at this public hearing. The issue of
making a genera~ contribution is not being discussed. If the
Council departs from the policy to make a recommendation for a use
of this type, then the Council wi~l open itself to every other
request being made.
No one else in the audience indicated a wish to speak
and Mayor Shell closed the public hearing.
Councilman Means suggested that the proposal for funds
for Young People's Concerts be held in abeyance and any funds
carried over from Revenue Sharing Funds be used for that project.
Bakersfield, California, July 29, 1982 - Page 3
327
Councilman Strong stated the policy states Capital
Improvement Projects shall be given the highest priority, which
means if the Council is going to fund projects of this nature that
a decision will have to be made as to what Capital Improvement
Projects will be cut and that is the issue. He also stated he is
not suggesting that only Capital Improvements be considered for
Revenue Sharing Funds. It requires making a determination, since
that is what is listed in this year's Capital Improvement Budget.
Councilman B~rton stated that one of the problems is a
great number of children living in the City attend County schools
and vice versa, and suggested that the request from the B~kersfield
Symphony Orchestra for funding for Young People's Concerts be
referred to the Intergovernmental Relations Committee to work with
the County for a long-term agreement to take care of the issue.
City Manager Kelmar stated, as a suggestion, that a
number of the street resurfacing and storm drain projects will be
done in the next couple months and there is a possibility of some
savings, depending on the amount of the bids. Staff could come
back to the Council, if there are savings, and a decision could
be made at that time whether or not to fund the request for the
Young People's Concerts.
Councilman Barton made a motion that the Council take a
wait and see attitude on the Revenue Sharing Fund expenditures and
possibly reconsider the request of the Bakersfield Symphony
Orchestra at a later date; and at that time, if Revenue Sharing
Funds are available, then the matter be referred to the Intergovern-
mental Relations Committee to work with the County to make sure
there is a metropolitan participation.
Councilman Rockoff stated he feels this will set a
precedence and open the door for other non-capital requests. As
worthy as this request is, there are a hundred others just as worthy.
Councilman Rockoff indicated that he will have to vote no on the
motion, even though he feels it is a very worthy project.
328
Bakers£ield, California, July 29, 1982 - Page 4
Councilman Strong stated he agrees with Councilman
Rockoff, except the policy states that Capital Projects will be
given the highest priority, not the only priority. He interprets
the motion to mean that not only will the Young People's Concerts
be considered, but other projects also, if there are excess £unds
realized from savings from Capital Projects. He does not feel it
would be a departure from policy to consider them at that time.
Councilman Payne stated he agrees with Councilman Strong,
and it appears there is a savings of $46,000 on the Alum Avenue
Storm Drain Project, which was reallocated to another project in
another ward, and he would like to see those funds go to the
Bakersfield Symphony Orchestra for the Young People's Concerts.
Councilman Christensen stated ~he City does not know how
much to fund until they find out what the County's share would be.
Councilman Strong indicated he felt the motion made by
Councilman Barton should include that al~ requests for Revenue
Sharing Funds be considered.
Councilman Barton's amended motion that the Council take
a wait and see attitude on Revenue Sharing Fund expenditures and
possibly reconsider the request o£ the Bakersfield Symphony
Orchestra and other requests at a later date; and at that time, if
Revenue Sharing Funds are available, then the matter be referred tc.
the Intergovernmental Relations Committee and that they work with
the County to make sure there is a metropolitan participation in
the Young People's Concerts, carried by the following roll call
vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Ratty,
Rockoff
Noes: Councilman Payne
Absent: None
CAPITAL IMPROVEMENT PROGRAM 1982-83
Assistant City Manager-Finance Higginbotham briefly out-
lined the steps taken by the staff and Planning Commission which
Bakersfield, California, July 29, 1982 - Page 5
329
culminated in the preparation of the 10-Year Capital Improvement
Program.
The following is a letter from the Planning Commission
regarding the Preliminary Capital Improvement Program 1982-83:
Honorable Mayor Mary K.
City Hall
1501Truxtun Avenue
Bakersfield, California
Shell and City Council
Honorable Mayor and City Councilmen:
The Planning Commission herewith submits the
Preliminary Ten-Year Capital Improvement Program
for the years 1982-92, inclusive, pursuant to
Title 7, Chapter 3, Section 65401 of the State
Planning and Zoning Laws.
The Commission reviewed the Preliminary Ten-
Year Capital Improvement Program and recommended
approval to the Council subject to modifications
attached herewith recommended by Public Works
Director, J. Dale Hawley.
Respectfully submitted,
PLANNING COMMISSION
THE CITY OF BAKERSFIELD
BENJAMIN D. PHIPPS,
Chairman
Dated June 3, 1982
Director of Public Works Hawley read a memorandum, dated
July 23, 1982, regarding recommended changes in the Capital Improve-
ment Program for 1982-92, as follows:
It is recommended that the following changes be
made in the Preliminary 10-Year Capital Improve-
ment Program for 1982-92:
A. These changes were approved at the Planning
Commission hearing.
Page 5, Sundale, Landfair,
Stonepine, Note should read
$170,000, not $95,000
$ 0
o
Page 6, University Avenue
Storm Drain, RS $77,000.
Change to University Area
Storm Drain, RS $123,000.
+ 46,000
Page 7, Alum Avenue Storm
Drain, RS $46,000 delete.
This work is being done
through agreement with
adjacent property owner.
- (46,000)
330
Bakersfield, California, July 29, 1982 - Page 6
Bo
Co
o
Page 13, Draining and
Cleaning Primary Digester,
Reduce cost from $50,000 to
$20,000. Delete $200,000
for 83-84.
-$ (30,000)
Page 13, add one additional
pump at Headworks, Increase
cost from $30,000 to $60,000.+
30,000
Net Change $ 0
Savings of $167,000 in Revenue Sharing Funds
from the 1981-82 budget for completed road
projects can be used to fund storm drain
projects in lieu of water revenues.
1. Pages 5 & 6, change all WR projects to
RS.
Page 6, Fairview PDA, change finance
method to RS $55,000 and PF (Private
Funds) $45,000.
Additional funds in the amount of $602,000
are available for street improvements in
Fiscal Year 1982-83 because actual revenue
received in Fund 35 (Transportation Fund)
is greater than earlier estimates and there
are some savings from completed Fiscal Year
1981-82 projects. Attached is a list of
additional street improvement projects for
the available Gas Tax and Transportation
Fund monies.
Due to recent State discharge requirements
for controlling sewage effluent from our
treatment plants and to minimize odors,
mosquitoes and groundwater contamination,
the following items should be added.
Bottom of Page 13, Add
"Effluent Control at Plant
3", SE, $142,000. This
item consists of earthwork,
pump station and discharge
line and will remove effluent
from natural sloughs and
place it into controlled dike
areas. +$ 142,000
Page 14. Expansion of Plant
3. $40,000 should be shifted
to 1982-83 to provide pre-
liminary design and a
financial plan. +
40,000
°
Bottom of Page 14. Add
"Well Monitoring Program
at Plant #2, SE $12,000.
The State recently required
the City to develop a well
monitoring program on the
perimeter of WTP2 farm.
12,000
Bakers£ield, California, July 29, 1982 - Page 7
331
Page 13. Change cost of
items to read $100,000 for
82-83 and $154,000 for 83-84.
Some of the required work
could be deferred for one
year without creating
serious problems. -$(154,000)
Net Change +$ 40,000
The Council and staff reviewed the Capital Improvement
Program for Fiscal Year ]981-82 by categories, as follows:
ENVIRONMENTAL SERVICES
A total of $33,450,600 is proposed for improve-
ments related to storm drains, sewers and waste
water treatment for the next ten years.
Storm drains in the amount o£ $4,166,100, are
being proposed. The Fairview, Shalimar, and
Pioneer Planned Drainage Areas will provide
one large drainage disposal area each which
will serve properties under many ownerships.
As properties develop, the City will be reim-
bursed through connection charges. In addition,
the proposed project for Sundale/Landfair/
Stonepine drainage system will eliminate three
pump stations which have failed during storms.
Also, the Sandra Drive pump station is the
second phase o£ a three phase plan to prevent
flooding along Sandra and Lowell.
Included in the Waste Water Treatment projects
is a project to drain, clean and repaint the
primary digester at Sewage Treatment Plant No.
2. This procedure is required every eight to
ten years.
Councilman Strong asked if the right-of-way could be
obtained for the sewer extension in the "O" and 2nd Streets area,
would adoption of the budget tonight close the door on that project.
Director of Public Works Hawley stated, historically,
the City has not used Sewer Enterprise monies to pay for small
diameter tract sewers. They are normally the responsibility of
the property owners in the area. Community Development Funds were
being considered at the time this was discussed.
RECREATION AND CULTURAL SERVICES
A total of $5,979,505 is proposed for improve-
ments related to City Parks and the Civic
Auditorium for the next ten years.
In addition to various improvements to the
existing parks throughout the City, the City
332
Bakersfield, California, July 29, 1982 - Page 8
contemplates new park sites totaling $4,960,000.
As was established by City Council in the
adoption of the 1981-82 Annual Budget, new park
sites are not being developed with City funds.
Westwold Park and Corvallis Park are proposed
to be developed with State Park Bond Funds and
future park construction will be with Improve-
ment and Maintenance District Funds.
Direct of Public Works Hawley stated within the next
month or so he will be submitting an item to the Council requesting
permission to file an application for $360,000 for 1983-84 State
Park Bond Act Funds.
PUBLIC SAFETY SERVICES
A total of $1,854,850 is proposed for improve-
ments related to the Public Safety Services of
the Police and Fire Departments over the next
ten years.
The Fire Department improvements include the
City's portion of the construction costs for
the new fire stations to be shared between the
County of Kern and the City of Bakersfield as
set forth in the joint plan for Fire Services
Unification in the Metropolitan Bakersfield
Area.
DEVELOPMENT AND TRANSPORTATION SERVICES
A total of $30,665,000 is proposed for improve-
ments related to streets, street lighting, and
traffic signals for the next ten years.
In adoption of the 1981-82 Annual Budget, the
City Council adopted policy whereby the City
would" .... not fa~l behind the current level
of service .... " The street related projects
proposed will maintain the present service
level as was directed by the City Council.
Of those projects proposed, $475,000 is pro-
posed for new traffic signals and upgrading
of certain existing outdated signals.
Director of Public Works Hawley stated that in the next
2 to 3 years major work should be done on the Garces Circle and
$75,000 is being set aside this year and the balance in the next
Fiscal Year. One of the items being considered is relocation of
the Father Garces Statue and the Council should give some thought
as to where it should be located.
Mayor Shell stated the Garces Circle and Statue are
landmarks that concern the people of Bakersfield and it is hoped
Bakersfield, California, July 29, 1982 - Page 9
333
that before the Council makes a decision input from the citizens
of the community will be considered.
Councilman Means suggested that the Mayor obtain input
from the Mayor's Beautification Committee.
Director of Public Works Hawley stated the $150,000 of
Community Development Funds allocated for curb and gutter construction
in the area bounded by Brundage Lane, California Avenue,
Avenue and Union Avenue, has been changed to $50,000 for
tectural
barriers and wheelchair ramps.
SUPPORT SERVICES
A total of $1,178,000 is proposed for improve-
ments to City Hall and Corporation Yard for the
next ten years.
City Hall improvements include needed improve-
ments to the parking lot in the rear of City
Hall to the railroad tracks.
Requests for the Corporation Yard include
construction of a Parks Maintenance and Repair
Building which will replace the current facility
located at Lowell Park.
Chester
archi-
Program Budget for Fiscal Year 1982-83, including the changes as
stated in the memorandum from the Director of Public Works, dated
July 23, 1982, was approved by the following roll call vote:
Ayes: Councilmen Strong, Barton, Means, Payne, Ratty, Rockoff
Noes: None
Absent: Councilman Christensen
Adoption of Resolution No. 81-82 of
the Council of the City of Bakers-
field approving and adopting the
Operating and Capital Improvement
Budgets for the Fiscal Year 1982-83,
as amended.
Councilman Means stated he did not feel it is appropriate,
to adopt the Operating Budget until the labor negotiations are
settled.
Upon a motion by Councilman Ratty, Resolution No. 81-82
of the Council of the City of Bakersfield approving and adopting
Upon a motion by Councilman Rockoff, Capital Improvement
334
Bakersfield, California, July 29, 1982 - Page l0
the Operating and Capital Improvement Budgets for Fiscal Year
1982-83, as amended, was adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Payne,
Ratty, Rockoff
Noes: None
Absent: None
EXECUTIVE SESSION
Upon a motion by Councilman Christensen,
the Council
recessed to an Executive Session at 8:55 P.M. to discuss labor
negotiations.
The budget session was reconvened at 11:32 P.M.
RECESS
Upon a motion by Councilman Rockoff, the Council recessed
its budget session at 11:35 P.M., until a report from the Govern-
mental Efficiency and Personnel Committee regarding Meet and Confer
Sessions with Employee Units is available.
ATTEST:
CITY CLERK an~ Ex ~fficio Clerk of the
of the City of Bakersfield, California
Council
ma
Bakersfield, California, August 4, 1982
335
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., August 4, 1982.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Reverend Don Hermansen
of the Oildale Church of God.
The City Clerk called the roll as follows:
Mayor Shell. Councilmen Barton, Christensen,
Present: Means,
Payne, Ratty, Rockoff, Strong
Absent: None
meeting of July 21, 1982, and budget
were approved as presented.
Minutes of the special meeting of July 21, 1982, regular
session of July 28, 1982,
SCHEDULED PUBLIC STATEMENTS
John Garone, Bakersfield Board of Realtors, 331 -
read a prepared statement requesting that the Council
Mr.
18th Street,
stop the removal and disposal of old decorative lamp posts on 17th,
18th and 19th Streets, until a final determination on Historic.
Preservation is made and advice is received from the Historical
Commission or other specialists on the worth of the fixtures.
Public Works Director Hawley stated that all the lights
that had to be removed to make way for new ones have been removed.
Initially the City had 247 lights in the area along 17th, 18th and
19th Streets. Forty-four of those have been removed. There would
be no problem deferring action on the remaining 203 lights.
Upon a motion by Councilman Rockoff, staff was directed
to discontinue the removal of the old decorative lamp posts along
17th, 18th and 19th Streets until further study by a Historical
Commission is completed.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
Susan Kay Reedy, 14292 Shadybrook Drive, Tustin, California, dated
July 21, 1982, regarding an incident with a Police Officer in Beach
Park, was received and referred to the Chief of Police.
336
Bakersfield, California, August 4, 1982 - Page 2
Upon a motion by Councilman Christensen, communication
from the Bakersfield S.P.C.A., dated July 28, 1982, requesting an
adjustment to their contract with the City of Bakersfield for
animal control, was received and referred to the Budget Review and
Finance Committee for study and recommendation.
Upon a motion by Councilman Payne, communication from
Larry Stirling, State Assemblyman 77th District, dated July 20,
1982, regarding an amendment to the State Constitution changing
the date the State Budget must be finalized, was received and
referred to the Legislative Committee.
Councilman Means made a motion that the communication
from L. Dale Mills, Kern County Director of Public Works and
Surveyor, dated July 22, 1982, regarding the "Sun-Fun-Stay-Play"
signs on Highway 99, be received and a letter sent to Mr. Mills
indicating the Council is not interested in maintaining them.
Councilman Strong suggested that the staff take the matter
of maintaining the two signs under advisement and come back with a
recommendation at a later date.
City Manager Kelmar stated the staff concurs with Council-
man Means' motion, and also suggested that the letter advise that
Mr. Mills contact the Chamber of Commerce and Board of Trade to see
if they are interested.
Councilman Strong stated he would not like to see these
signs removed, because he feels they serve a good purpose and
requested that final action not be taken tonight to give other
organizations a chance to respond.
Councilman Means' motion that the communication from L.
Dale Mills, Kern County Director of Public Works and Surveyor,
dated July 22, 1982, regarding "Sun-Fun-Stay-Play" signs on Highway
99, be received and the Mayor requested to send a letter to Mr.
Mills indicating the Council is not interested in maintaining them
and suggesting he contact the Chamber of Commerce and Board of Trade,
Bakersfield, California, August 4, 1982 - Page 3
337
to see if they are interested,
vote:
Ayes:
Noes:
Absent:
carried by the following roll call
Councilmen Barton, Christensen,
Strong
Councilman Rockoff
None
During discussion,
Means, Payne, Ratty,
Councilman Strong made a motion that
a letter be written to the Redevelopment Agency advising them of
the action taken by the Council on the two "Sun-Fun-Stay-Play"
signs on Highway 99, and request that they study the matter, keeping
in mind the downtown hotel project, and respond back to the Council
as to their interest in the signs. After discussion this motion
was unanimously approved.
Councilman Means, during discussion on the signs, stated
that the letter to the Redevelopment Agency should not reflect, in
any way, that the Redevelopment Agency even consider purchasing
them.
Upon a motion by Councilman Christensen, communication
from the Kern County Gun Owners, dated July 21, 1982, expressing
their support of the preservation of the Nomad Bowmen's Archery
Range, was received and ordered placed on file.
Upon a motion by Councilman Rockoff, communication from
the Greater Bakersfield Chamber of Commerce, Governmental Review
Committee, to the Redevelopment Agency, dated July 30, 1982,
responding to a request by the Community Development Department
regarding the "Plan for Implementation of Housing Programs and
Implementation Strategy," was received and referred to staff.
Upon a motion by Councilman Ratty, communication from
Robert C. Wright, President of Cox Cable Communications, Atlanta,
Georgia, dated July 28, 1982, responding to the City's letter
concerning their cable television service in Bakersfield, was
received and ordered placed on file. At the request of Councilman
Rockoff the letter was read into the record, as follows:
Bakersfield, California, August 4, 1982 - Page 4
July 28, 1982
Mary K. Shell, Mayor
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, California 93301
Dear Mayor Shell:
I apologize for taking so long to respond to
your letter concerning our cable television
service in Bakersfield. However, I did want
to allow sufficient time for both local and
regional management to get to the bottom of
the issues outlined in your letter.
We are a very decentralized company and we
pride ourselves on placing the authority and
responsibility for customer service in the
hands of our local management. Our local
manager, Howard Channell, and Gary Hokenson,
regional vice president, are two of the most
experienced individuals in the cable television
industry. Both of those people have had many
years of experience with the Bakersfield system
and our subscribers in Bakersfield.
You raised a number of points in your letter
which I understand have been rectified by dis-
cussions with the Council members concerned.
However, I point out, as a generalization, that
as we expand our services we try and utilize an
efficient method for allowing people to purchase
additional services at the lowest cost possible.
Specifically commenting on the observation of
one Councilman that there were substantial
lines at our offices, I can only respond by
saying those lines enabled people to save a
great deal of money. Ordinarily they would
have had to pay installation if we had not used
the novel approach of having them come down to
pick up equipment rather than having our
installers go to their homes to deliver the de-
coding boxes. Our overall experience across
the country with this approach has been very
positive; especially in a period of depression
of economic recession we find people are very
anxious to have opportunities to save money.
We are very proud of our long relationship with
the residents of Bakersfield and we hope to be
a major factor in your community in many years
to come. You can rest assured that your comments
and concerns have been discussed and are being
acted on by the local management. Thank you
for your concern.
Very truly yours,
Robert C. Wright
President
Bakersfield, California, August 4, 1982 - Page 5
339
COUNCIL STATEMENTS
Councilman Ratty stated, in response to a letter received
at the Council Meeting of July 21, 1982, from Borton, Petrini &
Conton, Attorneys at Law, regarding litigation to £orce the Council
to rescind the third amendment to the Downtown Redevelopment Plan,
he would like to thank that firm, Roy Gargano and his staff for
defending Councilman Payne and himself against a lawsuit that has
been going for a number of years, which was carried all the way to
the Supreme Court. The letter essentially stated that they had a
"bum rap." They were accused of impropriety and illegal decisions
and he felt it was unfair. Judge Gargano stated "In my judgment
the record unequivocally indicates Councilmen Payne and Ratty acted
in good faith and with integrity. Unfortunately the unilateral
dismissal of the lawsuits,
opportunity to remove the
reputations." Councilman
by the plaintiffs, deprived them of the
shadow which was cast upon their
Ratty stated the worst thing is that they
were not able to be faced by their ~cusers. In this situation they
are hiding behind the skirts of two people called "Goodwin and
Shelton." The money men behind "Goodwin and Shelton" initiated
and perpetuated this suit against Councilman Payne and himself to
the detriment of the City and caused Councilman Payne not to be
able to vote for the last 1½ years. The taxpayers also got a "bum
rap," in the amount of $20,000, for having to defend Councilman
Payne and himself against the suit. This suit was a bum deal to
start with and it was just to foul up the voting on the Council.
The money men, who hide behind "Goodwin and Shelton," have never
come out and said who they were. Dominic Bianco's firm have
refused to identify them. The $20,000 could have been well spent
on the Young People's Concerts, instead of these suits, where
money people are trying to warp the Council for their own personal
gain. Councilman Ratty suggested that it would be an interesting
story for the news media to find out who these people were, who
pushed the suit.
340
Bakersfield, California, August 4, 1982 - Page 6
Adoption of Emergency Ordinance No.
2770 New Series of the Council of the
City of Bakersfield adding Chapter
12.57 to the Bakersfield Municipal
Code relative to Diving from Public
Bridges.
Councilman Ratty stated the City is having a problem
with people jumping from the Gosford Road Bridge into the Kern
River, which is very dangerous and requested the Clerk to read
a proposed Emergency Ordinance making it unlawful to jump off any
public bridge within the City into any water or waterway flowing
thereunder.
Police Chief Price indicated that there is no law at
the present time to prohibi~ this practice.
Councilman Strong stated he felt the penalty of a $300.00
fine or 150 days in jail is too severe.
City Attorney Oberholzer stated a penalty of this kind
does not mean there would be either a fine or a jail sentence. It
just gives the Police Officer the power of arrest or he could issue
a citation. It gives the court the ability to make a decision on
what they think the penalty should be under the circumstances. The.
court can do anything from summary probation and no fine to 150
days in jail and a $300.00 fine.
Upon a motion by Councilman Ratty, Emergency Ordinance
No. 2770 New Series of the Council of the City of Bakersfield
adding Chapter 12.57 to the Bakersfield Municipal Code relative
to Diving from Public Bridges, setting the penalty as a Misdemeanor
with a fine up to $100.00 or by imprisonment not to exceed 30 days,
was adopted by the following roll call vote:
Ayes Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff, Strong
Noes None
Absent: None
Councilman Rockoff thanked the Public Works Department
the light brilliance problem at the Mesa Marin
for their survey on
Area.
Bakersfield, California, August 4, 1982 - Page 7
341
Committee~
Transfer
REPORTS
Councilman Means, Chairman of the Voucher Approval
read Report No. 2-82 regarding Golden Empire Transit
Area, as follows
On May 26, 1982 the City Council adopted a
recommendation of the Voucher Committee making
City owned property available (parking lot at
20th and "L" Streets), to the Golden Empire
Transit District (GET) for a temporary transfer
point. This move was to be e£fective August l,
1982, however, the Council made it clear that
their action would not preclude the Voucher
Committee from meeting with GET officials during
the month of June and July in an attempt to
develop an alternative that would provide short-
term as well as a long-term solution to this
issue.
In May of this year, the City Council requested
the City's Redevelopment A~ency to enter into
an agreement with GET and the Kern County
Council of Governments (Kern COG) to study the
needs and a possible location for a permanent
transit facility in the downtown area. As a
result, these three agencies have contracted
with the firm of Barton-Ashman Associates to
do a comprehensive analysis and implementation
plan for public transit. Costs will be shared
at a rate of $15,000 for Kern COG and $7,500
each for the Redevelopment Agency and GET.
Attached to this report is a schedule of meetings
that will be held regarding this issue. Also
attached is a copy of persons and groups that
will be involved in the study.
As the Council can see, a great deal of time
and effort will be forthcoming on this matter,
therefore, the Voucher Committee is recommending
a delay in moving the present transfer point at
19th and Chester until this study is completed.
It is estimated that the study results will be
available within 30 to 60 days. In the interim,
GET will work with the Downtown Business
Association and individual property owners at
the 19th and Chester transfer point to maintain
cleaniness in the area. GET has agreed to
purchase cleaning equipment for this purpose.
Also, the City Police Department is patrolling
the area on a regular basis to ensure security.
These short-term solutions will hopefully
alleviate many of the concerns expressed by
the downtown merchants. In the meantime, the
Voucher Committee will continue to report back
to the Council on this matter. Hopefully, as
a result of this study, an orderly answer will
be forthcoming in the near future which will
deal with an immediate and long-term solution
to the location of this transit terminal. If
the results of this study indicate that a
342
Bakersfield, Cali£ornia, August 4, 1982 - Page 8
solution cannot be achieved in an accepted time
period, then we will make additional recommenda-
tions regarding a change in the transfer point
from 19th and Chester.
Upon a motion by Councilman Means, Voucher Approval
Committee Report No. 2-82 regarding Golden Empire Transit Transfer
Area, was accepted; and recommendations as outlined in the report,
were approved.
City Manager Kelmar reported the City has an opportunity
to acquire the Sill Parking Lot on the northwest corner of 18th
and Eye Streets and the City had it appraised. The appraisal
amount was approximately $40,000 lower than the Sill's asking
price and they were quite firm on that price. The Downtown
Business Association was requested to contribute towards the pur-
chase of the lot and they have agreed to it. Yesterday, the
Redevelopment Agency unanimously acted to acquire the parking lot,
subject to the Downtown Business Association contributing the
$40,000. The Agency will then proceed to select a parking con-
sultant, bond counsel, design the garage, put it out to bid and
ultimately construct a parking structure on that lot. Mr. Younger
has agreed to consider leasing the air rights over the convenience
store for the purpose of
for additional parking~
package to determine the
expanding the top floor of the garage out,
This will be an alternative in the bid
economic feasibility of that type of
arrangement. It is being requested that the Council approve the
purchase of the lot, in accordance with the agreement between the
Redevelopment Agency and Council requiring Council approval of
Agency projects.
Upon a motion by Councilman Christensen, purchase of the
Sill Parking Lot on the northwest corner of 18th and Eye Streets,
was approved.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 59 to 198,
inclusive, in the amount of $567,748.34.
Bakersfield, California, August 4, 1982 - Page 9
343
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(J)
(k)
(1)
(m)
(n)
Claim for Damages from Dean J. Miller,
J.D., 416 Truxtun Avenue, Bakersfield.
(Refer to City Attorney)
Claim for Damages from George A. Boyle,
Esq., 416 Truxtun Avenue, Bakersfield.
(Refer to City Attorney)
Application for Leave to Present Late
Claim for Damages from Jan Tillery, c/o
Law Offices of George A. Boyle, 416
Truxtun Avenue, Bakersfield. (Refer to
City Attorney)
Application for Leave to Present Late
Claim for Damages from Doug and Stephanie
Moffet, c/o Law Offices of George A.
Boyle, 416 Truxtun Avenue, Bakersfield.
(Refer to City Attorney)
Claim for Damages from Frederick Ricky
Clayton, 701 Gay Street, #B, Bakersfield.
(Refer to City Attorney)
Claim for Damages from Kimberli Robin
Alletson, 30 Flower Street, Bakersfield.
(Refer to City Attorney)
Claim for Damages from Ancora-Verde
Corporation, 6708 Fishback Avenue,
Bakersfield. (Refer to City Attorney)
Claim for Damages and Personal Injuries
from Joel C. Fulton, P.O. Box 592,
Sonora, California. (Refer to City
Attorney)
Claim for Damages from Ernest Dale Lyle,
3936 Townsend Avenue, Riverbank, California.
(Refer to City Attorney)
Road Easement from Tenneco Realty Develop-
ment Corporation for dedication of east
half of Gosford Road between Ming Avenue
and White Lane and south half of White
Lane between Ashe and Gosford Roads.
Improvement Agreement for Parcel Map No.
5551 with Vernon No. I for construction
of improvements required by the Planning
Commission, located on east side of Mt.
Vernon Avenue and south of Bernard Street.
Notice of Completion and Acceptance of
Work on pavement reconstruction on Beale
Avenue, Monterey Street to East Truxtun
Avenue, Contract No. 82-64 with Griffith
Company.
Application for Encroachment Permit from
Dr. J. Pulskamp, 3940 San Dimas Street,
for construction of a 16 inch high retaining
wall behind sidewalk at 3940 San Dimas
Street.
344
Bakersfield, California, August 4, 1982 - Page l0
(d) ,
(e),
(o)
(P)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
Upon
(f),
Application for Encroachment Permit from
Douglas G. Garber, 3905 Adidas Avenue,
for construction of a 5 foot high chain
link fence behind sidewalk at 3905 Adidas
Avenue in conformance with the require-
ments of the Board of Zoning Adjustment's
Modification No. 3800.
Application for Encroachment Permit from
Boyd and Mary Getz, 3909 Adidas Avenue,
for construction of a 3 foot high wrought
iron and brick pillar fence at back of
sidewalk at 3909 Adidas Avenue.
Application for Encroachment Permit from
Peter Mossessian, c/o Valley Steel
Construction, P.O. Box 1446, Bakersfield,
for construction of tree wells with
irrigation system at northeast corner of
17th and "K" Streets.
Application for Encroachment Permit from
Peter Mossessian, c/o Valley Steel
Construction, P.O. Box 1446, Bakersfield,
for construction of canvas type awnings
overhanging sidewalk area at northeast
corner of 17th and "K" Streets.
License to Encroach on Right-of-Way
belonging to the Arvin-Edison Water
Storage District for construction and
maintenance of a portion of the Kern
River Bicycle Trail across the easement
for the Arvin-Edison Kern River Siphon.
Plans and Specifications for Traffic
Signal System Modifications on "L" Street
at Truxtun Avenue, 17th Street, 18th
Street, 19th Street, 20th Street and 21st
Street.
Resolution of Intention No. 956 of the
Council of the City of Bakersfield
declaring its intention to order the
vacation of a 30' Building Setback Ease-
ment along Chester Avenue between Wilson
Road and Dorian Drive in the City of
Bakersfield, and setting Wednesday,
September 15, 1982, for hearing on the
matter before the Council.
Request from Clement, Milazzo & Associates
for abandonment of right-of-way for a
professional office building at 2100
Height Street. (Refer to Planning Com-
mission for study and recommendation)
Plans for construction of Reinforced
Concrete Box Culvert on Stockton Street
at Eastside Canal.
a motion by Councilman Means, Items (a),
(g), (h), (i), (j), (k), (1), (m), (n),
(b) ,
(o),
(c),
(P),
Bakersfield, California, August 4, 1982 - Page
345
(q), (r), (s), (t), (u), (v) and (w) of the Consent Calendar,
adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty,
Noes: None
Absent: None
were
Rockoff, Strong
ACTION ON BIDS
Upon a motion by Councilman Christensen, low bids of
Helena Chemical (3 items), in the amount of $7,037.89, and Abate-A-
Weed (3 items), in the amount of $5,583.96, for Miscellaneous
Chemicals for the Agricultural Water Department, were accepted and
all other bids rejected.
Upon a motion by Councilman Barton, bid of Jim Alfter
Concrete, in the amount of $21,002.50, for Annual Contract for
Canal Liner Repair, was accepted and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Barton, bid of B.C. Chemica]
Company, in the amount of $16,770.19, for Annual Contract for Water
Treatment Chemicals, was accepted, all other bids rejected and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Rockoff, bid of American
Fence Company, in the amount of $7,706.00, for Annual Contract for
Fencing, was accepted and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Means, low bid of Kern Turf
Supply, in the amount of $13,366.56, for Annual Contract for P.V.C.
Pipe and Sprinklers, was accepted, the other bid rejected and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Strong, all bids for con-
struction of the Landfair, Stonepine and Sundale Storm Drain
Modifications, were rejected and the Finance Department was
authorized to readvertise the project.
Upon a motion by Councilman Christensen, low bid of
Jacobs Company, in the amount of $229,068.00, for construction of
346
Bakersfield, California, August 4, 1982 - Page 12
tion of Wheelchair Ramps in the Downtown Area, was accepted,
other bids rejected and the Mayor was authorized to execute
contract.
the Kern River Bicycle Trail from Cal-State Bakersfield to Beach
Park, Phase I, was accepted, all other bids rejected and the Mayor
was authorized to execute the contract.
Upon a motion by Councilman Christensen, low bid of The
Asphalt Paving Company, in the amount of $38,631.00, for construc-
all
the
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Section 2.92.330 C. to Chapter
2.92 of the Bakersfield Municipal
Code relative to Fire Department
Relief and Pensions.
This ordinance implements the recommendation of the
Governmental Efficiency and Personnel Committee, adopted at the
Council Meeting of July 21, 1982.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Section 2.92.330 C. to
Chapter 2.92 of the Bakersfield Municipal Code relative to Fire
Department Relief and Pensions.
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 south of Planz
Road, west of Madison Avenue.
This amendment was initiated by the Planning Commission
and would change subject property from an R-1 (One Family Dwelling)
Zone to an M-1 (Light Manufacturing), or more restrictive Zone.
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 south of Planz Road, west of Madison
Avenue.
Bakersfield, California, August 4, 1982 - Page 13
347
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 west side
of Gosford Road, between Stockdale
Highway and Ming Avenue.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject property
from an "A" (Agricultural) Zone to an R-2 (Limited Multiple Family
Dwelling) and O-S (Open Space), or more restrictive Zones.
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 west side of Gosford Road, between
Stockdale Highway and Ming Avenue.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Sections 17.53.060 D.3. and
17.53.060 I. of the Bakersfield
Municipal Code relative to Site Plan
Review.
This amendment, initiated by the Planning Commission
provides that:
With respect to Site Plan Reviews: Class "C"
projects would not be automatically denied
because they are reclassified to Class "B";
upon reclassification fees paid for Class "C"
applications would be credited towards payment
of Class "B" fees; appeals could be initiated
by the applicant only, rather than "any
interested person," the applicants obtaining
a Building Permit would constitute a waiver
of appeal; the directors' reclassification of
a project from Class "C" to Class "B" would
not be appealable.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Sections 17.53.060 D.3.
and 17.53.060 I. of the Bakersfield Municipal Code relative to Site
Plan Review.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.04.330 J. of the
Bakersfield Municipal Code relative
to Home Occupations.
348
Bakersfield, California, August 4, 1982 - Page 14
This amendment was initiated by the Planning Commission
and will permit a limited amount of processing or manufacturing
as part of a Home Occupation, if, the Planning Director finds it
will be done so that no noise, sound, vibration, odor, fumes or
light are emitted from the premises and no volatile or flammable
materials are used.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.04.330 J.
of the Bakersfield Municipal Code relative to Home Occupations.
Adoption of Resolution No. 82-82 of
the Council of the City of Bakers-
field establishing Sewer Service
User Charges and Fees for Fiscal
Year 1982-83.
Upon a motion by Councilman Payne, Resolution No. 82-82
of the Council of the City of Bakersfield establishing Sewer Service
User Charges and Fees for Fiscal Year 1982-83, was adopted by the
following roll call vote:
Ayes: Councilmen Barton, Christensen, Payne, Ratty, Rockoff
Noes: Councilman Means
Absent: None
Abstaining: Councilman Strong
Adoption of Resolution No. 83-82 of
the Council of the City of Bakers-
field providing for the collection
of Sewer Charges by the County Tax
Collector.
This resolution authorizes the County Tax Collector to
collect the Sewer User Charges, which are to be billed by the
County at the time o£ billing for Property Taxes.
Upon a motion by Councilman Payne, Resolution No.
of the Council of the City of Bakersfield providing for the
of Sewer Charges by the County Tax Collector, was adopted by the
following roll call vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Barton, Christensen,
Councilman Means
None
Councilman Strong
Payne, Ratty,
83-82
collection
Rockoff
Bakersfield, California, August 4, 1982 - Page 15
349
Approval of Agreement with Carl Warren
and Company for services in connection
with the duties and responsibilities
of administering a Self-Insurance
Program.
Carl Warren offered the following three alternatives for
the 1982-83 Fiscal Year contract for Adjuster Services:
1. A one-year contract at a rate of $23.20
per hour.
A two-year contract with the first year
at $23.00 per hour, the second year not
to exceed $25.00 per hour, but to be
determined by the base rate charged by
Carl Warren for other customers.
A contract that automatically renews
subject to cancellation by the City with
60 days' notice, renegotiated each year,
but at a rate of $23.00 for Fiscal Year
1982-83.
The City Attorney's Office recommends Alternative No. 3.
Upon a motion by Councilman Rockoff, Agreement with Carl
Warren and Company for services in connection with the duties and
responsibilities of administering a Self-Insurance Program, containing
the provisions of Alternative No. 3, was approved and the Mayor was
authorized to execute same.
Reception and Filing of Petition for
the Acquisition of Improvements by
Special Assessment and Assessment
Bond Acts, and Waiver of Proceedings
under Division 4 of the Streets and
Highways Code, City of Bakersfield
Acquisition Assessment District,
Stockdale Sewer Trunkline Improve-
ments, County of Kern, State of
California.
Land owners in the proposed assessment area for the
Stockdale Sewer Trunkline (City Assessment District 82-1), are
submitting their petition requesting the City to form an Assess-
ment District for the acquisition of the Stockdale Trunkline Sewer.
The Council approved an agreement with Tenneco Realty Development
Corporation on July 7, 1982, directing Tenneco to construct the
Trunkline Sewer as a condition of tentative subdivision approvals
and also committing the City to the formation of an Assessment
350
Bakersfield, California, August 4, 1982 - Page 16
District to acquire the completed Trunkline Sewer. The filing of
the petition is the first step in the process of forming the Assess-
ment District.
Upon a motion by Councilman Payne, Petition for the
acquisition of improvements by Special Assessment and Assessment
Bond Acts, and Waiver of Proceedings under Division 4 of the
Streets and Highways Code, City of Bakersfield Acquisition Assess-
ment District, Stockdale Sewer Trunkline Improvements, County of
Kern, State of California, was received and ordered placed on file.
Reception and Filing of Engineer's
Statement entitled "Certificate that
Petition for Improvements Exceeds 60
Percent, City of Bakersfield Acqui-
sition Assessment District, Stock-
dale Sewer Trunkline Improvements,
County of Kern, State of California
(City of Bakersfield Assessment
District No. 82-1)."
Consulting Civil Engineer, Edward J. Wilson, has been
asked by the staff of the Public Works Department to review the
petition filed by proponents of the Stockdale Sewer Trunkline
Project and determine whether it has been signed by the owners of
more than 60% of the land area to be assessed for Trunkline
acquisition costs. Mr. Wilson, a licensed Civil Engineer, has
completed his review of the petition and herewith submits his
official statements certifying that the petition is sufficient.
Upon a motion by Councilman Payne, Engineer's Statement
entitled "Certificate that Petition for Improvements Exceeds 60
Percent, City of Bakersfield Acquisition Assessment District,
Stockdale Sewer Trunkline Improvements, County of Kern, State of
California (City of Bakersfield Assessment District No. 82-1),"
was received and ordered placed on file.
Reception and Filing of Letter of
Appraisal of the Proposed Project
Assessment Area prepared for the
City by Bruce A. Beaudoin, Appraiser,
confirming that the proposed assess-
ment amount of $8,503,700, will be
less than 75 percent of the total
estimated fair market value of
properties proposed to be assessed
for Trunkline Improvements (City of
Bakersfield Assessment District No.
82-1).
Bakersfield, California, August 4, 1982 - Page
The Streets and Highways Code requires that when public
improvements, which have been installed pursuant to conditions of
tract approval, are to be acquired from a developer by a City
through the formation of an Assessment District and sale of Assess-
merit Bonds, the City must make a finding during those proceedings
that the assessment does not exceed 75% of the fair market value
of the property after the improvements have been installed. Mr.
Beaudoin has been retained by the City to make an appraisal of the
area to be assessed. This letter confirms that the assessment will
not exceed 75% of the land value and, therefore, provides the backup
documentation for the Council to refer to when requested, later in
the assessment proceedings, to make the necessary finding.
Upon a motion by Councilman Payne, Letter of Appraisal
of the Proposed Project Assessment Area prepared for the City by
Bruce A. Beaudoi~ Appraiser, confirming that the proposed assess-
ment amount of $8,503,700, will be less than 75% of the total
estimated fair market value of properties proposed to be assessed
for Trunkline Improvements (City of Bakersfield Assessment District
No. 82-1), was received and ordered placed on file.
Adoption of Resolution No. 84-82
determining to undertake proceedings
pursuant to Special Assessment and
Assessment Bond Acts for the acqui-
sition of improvements without
proceedings under Division 4 of the
Streets and Highways Code, City of
Bakersfield Assessment District No.
82-1.
Adoption of this resolution will give the City juris-
diction for the formation of an Assessment District for the
acquisition of sanitary sewer facilities to be constructed by
Tenneco Realty Development Corporation, pursuant to an agreement
between the City and Tenneco adopted July 7, 1982. The resolution
acknowledges receipt of the petition and Engineer's Certificate
that owners of more than 60% of the land area are to be assessed
for the cost of the acquisition have signed the petition, which
requests that the Council initiate these proceedings. The resolution
352
Bakersfield, California, August 4, 1982 - Page 18
further notes that all costs of the acquisition are to be included
in the assessment and the public convenience will be served by
undertaking the assessment proceedings. The resolution makes
findings that the petition has been filed and that proceedings
under the 1931 Majority Debt Limit Act are waived upon request of
the petitioners. It further finds that the assessment proceedings
shall be conducted pursuant to the Municipal Improvement Act of
1923 and bonds issued pursuant to the Improvement Act of 1915.
The proposed Assessment District includes both incorporated and
unincorporated areas and the Board of Supervisors gave their
approval on July 20, 1982, for City assessment of the unincorporated
portions of the Assessment District.
Upon a motion by Councilman Barton, Resolution No. 84-82
determining to undertake proceedings pursuant to Special Assessment
and Assessment Bond Acts for the acquisition of improvements with-
out proceedings under Division 4 of the Streets and Highways Code,
City of Bakersfield Assessment District No. 82-1, was adopted by
the following roll call vote:
Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff, Strong
Ayes:
Noes: None
Absent: None
Adoption of Resolution No. 85-82
describing proposed boundaries of
Assessment District, directing the
filing of Map and Assessment Diagram
and the recordation of Notice of
Assessment, City of Bakersfield
Assessment District No. 82-1.
This resolution formally adopts the boundary map of the
proposed Assessment District, directs the Clerk to file the map
and record it not later than 15 days prior to the final property
owner protest hearing, to be scheduled at a later date. It further
directs the Clerk to file the Assessment Diagram with the County
Recorder after the assessment has been confirmed (not until the
Spring of 1983), and to also sign and record a Notice of Assessment
following final confirmation of the District.
Bakersfield, California, August 4, 1982 - Page
353
Upon a motion by Councilman Barton, Resolution No. 85-82
describing proposed boundaries of Assessment District, directing
the filing of Map and Assessment Diagram and the recordation of
Notice of Assessment, City of Bakersfield Assessment District No.
82-1, was adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff, Strong
Noes: None
Absent: None
Adoption of Resolution No. 86-82
appointing Engineer of Work, City
of Bakersfield Assessment District
No. 82-1.
This resolution appoints the Director of Public Works
of the City of Bakersfield as the Engineer of Work for performing
all engineering work necessary to complete the assessment proceedings.
It further authorizes the Engineer of Work to receive, review and
approve the assessment engineering services being provided by
Consulting Engineer Ed Wilson of Wilson & Associates for Assess-
ment District No. 82-1, pursuant to his agreement with Tenneco
Realty Development Corporation. It further recognizes the assess-
ment engineering services as eligible costs for the assessment
proceedings and, in addition, recognizes all engineering fees and
all other charges as incidental expenses of the project that are
to be assessed as a portion of the total cost of the Sewer Trunk-
line acquisition.
Mr. Ed Wilson, Consulting Engineer, answered questions
of Councilman Strong regarding his fees and stated he would be
happy to submit a copy of the schedule of charges.
Upon a motion by Councilman Ratty, Resolution No. 86-82
appointing Engineer of Work, City of Bakersfield Assessment District
No. 82-1, was adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Barton, Christensen, Means,
Rockoff, Strong
None
Payne, Ratty,
None
354
Bakersfield, California, August 4, 1982 - Page 20
Approval of Agreement with Richard H.
Hargrove, Hargrove & Campagna, Bond
Counsel for Legal Services for Bond
Issuance for City of Bakersfield
Assessment District No. 82-1.
This agreement is presented by Attorney Richard H.
Hargrove, Hargrove & Campagna, for representing the City as Bond
Counsel during the proceedings for Assessment District No. 82-1.
All costs for legal services and all other costs for the assess-
ment proceedings are to be paid by Tenneco,
by the Council on July 7, 1982,
for these services.
Mr. Richard Hargrove,
so the City
Bond Counsel,
per agreement approved
has no cost liability
answered questions of
Adoption of Resolution No. 87-82
appointing Attorney for Sewer
Project, City of Bakersfield Assess-
ment District No. 82-1
This resolution appoints Attorney Richard H. Hargrove,
Hargrove & Campagna as Bond Counsel for Assessment District No.
82-1 and authorizes all attorney's fees as incidental expenses
chargeable to the assessment proceedings and not to the City.
Upon a motion by Councilman Christensen, Resolution No.
87-82 appointing Attorney for Sewer Project, City of Bakersfield
Assessment District No. 82-1, was adopted by the following roll
call
Ayes:
Noes:
Absent:
vote:
Councilmen Barton, Christensen, Means,
Rockoff, Strong
None
None
Payne, Ratty,
execute same.
Councilman Rockoff regarding his fees.
Upon a motion by Councilman Rockoff, Agreement with
Richard H. Hargrove, Hargrove & Campagna, Bond Counsel, for Legal
Services for Bond Issuance for City of Bakersfield Assessment
District No. 82-1, was approved and the Mayor was authorized to
Bakersfield, Cali£ornia, August 4, 1982 - Page 21
3 55
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Barton, the meeting was
adjourned at 9:30 P.M.
MAy~~/~~
lAYOR o~he City o~f Bakersfield, Calif.
ATTEST:
CITY CLERK ~nd E~ Officio Clerk of the Council
of the City of Bakersfield, California
ma
356
Bakersfield, California, August 4, 1982
Minutes of a budget session of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 9:30 P.M., August 4, 1982.
The meeting was called to order by Mayor Shell,
by the Pledge of Allegiance.
The City Clerk called the roll as follows:
followed
Present: Mayor Shell. Councilmen Strong, Barton, Christensen,
Means, Payne, Ratty, Rockoff
Absent: None
CLOSED SESSION
by Councilman Christensen,
salary.
motion.
Upon a motion
the Council
follows:
According to the City's Chief Negotiator, Gene
Bell, Memorandums of Understanding with the
various employee organizations have not been
reached, and in one case an impasse has been
declared. The Service Employees International
The budget session was reconvened at 12:25 A.M.
CLOSED SESSION
Upon a motion by Councilman Rockoff, the Council recessec[
to a Closed Session at 12:27 A.M. to discuss the basic compensation
of the City Manager's contract.
The budget session was reconvened at 12:55 A.M.
BUDGET SESSION
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 5-82, regarding Salaries
for Management, General Supervisory and Confidential Employees, as
recessed to a Closed Session at 9:31 P.M. to discuss labor nego-
tiations and the basic compensation of the City Manager's contract.
The budget session was reconvened at ll:10 P.M.
CLOSED SESSION
Upon a motion by Councilman Ratty, the Council recessed
to a Closed Session at 11:12 P.M. to discuss the City Attorney's
Councilman Christensen voted in the negative on this
Bakersfield, California, August 4, 1982 - Page 2
357
Union (SEIU), has notified the City that they
feel we are at an impasse and have requested
the services of a mediator in an attempt to
resolve the issues. Meet and Confer Sessions
with the Police, Fire and Fire Supervisory
Units wil~ continue, and hopefully, an amicable
solution will be arrived at in the near future.
Consulting Sessions with the Police supervisors
will also continue, as they have selected to
finalize their position based on the Police
negotiations.
In the interim, based on approvals of the
Management, General Employees Supervisory Units
and Confidential Employees, the Governmental
Efficiency and Personnel Committee is making
the following recommendations for Council
approval:
MANAGEMENT, GENERAL EMPLOYEES SUPERVISORY
AND CONFIDENTIAL EMPLOYEES
1. 5% salary increase retroactive to June 28,
1982.
Medical insurance premium paid at the rate
of 80% of the family premium by the City,
20% by the employee. Any increase in
premium to be paid by the City until
negotiations are concluded with the other
units.
The total annual cost for the Management Group
is $175,000 and the General Supervisory Unit's
annual cost is $109,000. Confidential Employee
costs wil~ be included in the Blue and White
Collar negotiations, however, the costs are
minimal as there are only 18 employees in this
group.
All Management Employees, with the exception of
the City Manager, who is covered under contract,
are to be included in these two recommendations.
RETIRED EMPLOYEES
Medical insurance premium increases to be
picked up by the City until negotiations
are concluded with employee organizations.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 5-82 regarding Salaries for
Management, General Supervisory and Confidential Employees, was
accepted; and recommendations as outlined in the report, were
approved.
Councilman Payne stated the Council met in Closed Session
to discuss and evaluate the performance of City Manager Kelmar and
found it satisfactory.
Bakersfield, California, August 4, 1982 - Page 3
Upon a motion by Councilman Payne, City Manager Kelmar
is to be advanced to Step No. 4 and receive the same benefits and
salary increase as granted the Management Unit.
Councilman Payne stated the Council met in Closed Session
to discuss and evaluate the performance of City Attorney Oberholzer
and found it satisfactory.
Upon a motion by Councilman Payne,
is to be advanced to Step No. 5 and receive the
salary increase as granted the Management Unit
RECESS
Upon a motion by Councilman Barton, the Council recessed
its budget session at l:00 A.M., until a report is received from
the Governmental Efficiency and Personnel Committee regarding Meet
and Confer Sessions with the remaining Employee Units.
City Attorney Oberholzer
same benefits and
ATTEST:
CITY Offficio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, August 10, 1982
359
Minutes of a Special Meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 12:00 Noon, August 10, 1982.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Christensen, Means, Payne, Ratty,
Rockoff, Strong (seated at 12:10 P.M.),
Barton
Absent: None
CLOSED SESSION
Upon a motion by Councilman Christensen, the Council
recessed to a Closed Session at 12:01 P.M. to discuss labor
negotiations.
The Special Meeting was reconvened at 1:43 P.M.
ADJOURNMENT
Upon a motion by Councilman Barton, the Special
Meeting was adjourned at 1:45 P.M.
Council
MAYOR f ~- B~,
~YOR%Ci't y of akersfield
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
ma
Calif.
Bakersfield, California, August 18, 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., August 18, 1982.
The meeting was called to order by Mayor Shell,
by the Pledge of Allegiance and Invocation by Mayor Shell.
Present:
Absent:
followed
The
Mayor Shell.
City Clerk called the roll as follows:
Councilmen Means, Payne, Ratty, Rockoff,
Strong, Barton, Christensen
None
Minutes of the budget sessions
of July 29, 1982 and
special
August 4, 1982, regular meeting of August 4, 1982, and
meeting of August 10, 1982, were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Michael Moore, Kern District Manager of Pacific Gas
and Electric Company, requested a resolution supporting Pacific
Gas and Electric Company's relicensing request for the Mokelumne
River and Rock Creek Cresta Hydroelectric Generation Facilities in
Northern California. Mr. Moore indicated that if these facilities
were relicensed to the requesting cities it would have a reoccurring
expense to Kern County resi~ents of $12,000,000 annually. The
financial impact on the City of Bakersfield from the Rock Creek
Cresta Project would be $500,000 and the Mokelumne River Project
would be $800,000. In answer to a question by Councilman Means,
Mr. Moore stated the relicensing action is in progress at the
present time.
Councilman Barton stated he has no reservation about
supporting this request, because it appears the residents of the
City would be faced with increased utility rates in excess of
$1,000,000 per year.
Adoption of Resolution No. 88-82 of
the Council of the City of Bakers-
field opposing those seeking to
takeover Pacific Gas and Electric
Hydroelectric Projects.
Bakersfield, California, August 18, 1982 - Page 2
3,61
Upon a motion by Councilman Barton, Resolution No. 88-82
of the Council of the City of Bakersfield opposing those seeking
to takeover Pacific Gas and Electric Hydroelectric Projects, was
adopted by the following roll call vote:
Ayes Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton,
Christensen
Noes None
Absent: None
Mr. Robert John Wilcox, 1105 Bermuda Street, expressed
his disapproval regarding the notification he received that his
sewer service will be disconnected for failure to sign a License
Agreement for City Sewer Service in Unincorporated Areas (Chapter
4.16 of the Municipal Code), and requested an explanation of
Sections 7, 9, 10 and 13 contained in said agreement.
City Attorney Oberholzer stated the City has an ordinanc,~
that requires that Mr. Wilcox enter into this agreement within a
certain period of time or the service will be disconnected. The
ordinance does not have a provision whereby this requirement can
be waived. Mr. Wilcox has been given the required 30 days written
notice, which will be up next Monday. City Attorney Oberholzer
explained Sections 7, 9, l0 and 13 to Mr. Wilcox.
After discussion, Mr. Wilcox requested that the License
Agreement for City Sewer Service in Unincorporated Areas be written
in language that can be understood by the average person and
indicated he was signing the agreement and presenting it to staff.
Mr. Bill Cunningham and Mr. Wynn Hanson, Past-Presidents
of the International Association of Auditorium Managers and
representing that organization, presented the 1982 Charles A.
McElravy Award, their highest honor, to Auditorium-Recreation
Manager Charles P. Graviss.
~s. Karen Daugherty, Promotion Director of the Ice
Capades, extended an invitation to the Mayor and Council to attend
the Ice Capades' Opening Night Party on September 1, 1982, and
performance on Thursday, September 2, 1982.
36'2
Bakersfield, California, August 18, 1982 - Page 3
(The following is a transcript requested by
Councilman Strong regarding the cancellation
of an Appeal hearing by Verneda Pierce to the
decision of the Planning Commission upholding
the decision of the Site Plan Review Committee
granting application of Highland Towing Service
to establish a storage yard for disabled
vehicles for impoundment and security for the
Bakersfield Police Department, Kern County
Sheriff's Office, California Highway Patrol,
insurance companies and private individuals,
affecting that certain property generally
located at the southeast corner of 3rd and "V"
Streets, having a business address of 217
South Union Avenue.)
MAYOR SHELL: I've been asked by Mr. Tom Fallgatter to
announce that those of you who are in the audience might be here
on an Appeal on a towing service, location on Union Avenue, that
is not on the agenda. S~ I wanted to tell anyone in the audience
to please not wait for it, because it's not going to be heard
tonight and Mr. Fallgatter has asked to address the Council on
this item.
TOM FALLGATTER: Thank you Mayor Shell and members of
the Council. I'll only take a couple of minutes of your time.
I'd first like to simply ask for a formal statement as to why
this item was not on this evening's agenda.
please?
MAYOR SHELL: Yes. Mr. Oberholzer can you answer that,
CITY ATTORNEY OBERHOLZER: Yes Mayor Shell, we received
it and determined that the use of that property, in the zone was
not consistent .... that the use was not consistent with the zoning,
did not meet the Zoning Ordinance and consequently it was a moot
issue before the City Council.
MAYOR SHELL: All right. We have some requests I presume,
questions from the Council. Councilman Christensen.
COUNCILMAN CHRISTENSEN: I believe our City Manager,
when he went through the agenda, on Page ll,
said to drop Item (c), 4 (c).
CITY ATTORNEY OBERHOLZER: It's not
not on the agenda.
I don't think he
on the agenda. It's
Bakersfield, California, August 18, 1982 - Page 4
363
COUNCILMAN CHRISTENSEN: Well, the Junk Yard is here.
UNKNOWN: That's an Emergency Ordinance.
CITY ATTORNEY OBERHOLZER: That's an ordinance.
MAYOR SHELL: Oh, that's on abandonment ....
CITY MANAGER KELMAR:
MAYOR SHELL: Yes, Mr.
CITY MANAGER KELMAR:
Fallgarter is
Mr.
evening on an Appeal, and that item is not on the
COUNCILMAN CHRISTENSEN: Oh, all right,
this here.
yOU,
Mayor Shell, Councilmen ....
Kelmar ....
.... that particular
referring to, was scheduled to be
agenda.
it's this
item, then,
a hearing this
item,
MAYOR SHELL: All right, Councilman Means.
COUNCILMAN CHRISTENSEN: .... it's the ordinance. Thank
MAYOR SHELL: Councilman Means.
COUNCILMAN MEANS: Yes, thank you Mayor.
question. Did we receive notice that that item has been taken
the agenda and did I miss that?
MAYOR SHELL: Mr. Oberholzer.
COUNCILMAN CHRISTENSEN: No.
CITY ATTORNEY OBERHOLZER: Mayor Shell and Councilman
Means, I don't know if you received notice. There's a .... you'll
find a memorandum in your packets, or you would have if it went
out on Friday, that explains the reason for removal of this item
from the agenda. The fact that it becomes a legally moot issue.
There is no Site Plan Review for the Council to consider. It was
in the Council packets.
MAYOR SHELL: Does
COUNCILMAN MEANS:
that answer your question?
Was that information given to Mr.
I also had a
off
Fallgatter or who he is representing?
CITY ATTORNEY OBERHOLZER: Mayor Shell and Councilman
Means, a copy of my memorandum explaining the legal phases, along
364
Bakersfield, California, August 18, 1982 - Page 5
with a letter from Mr. Sceales, went to Mrs. Bookout, who is the
applicant for the use of this property for Highland Towing.
TOM FALLGATTER: Mayor Shell.
MAYOR SHELL: Yes Mr. Fallgatter.
TOM FALLGATTER: If I may. I'm someone like the gentle-
man from Kern City and I'll take advantage of the compliment that
Councilman Ratty gave the staff and ask them to indulge me a little
bit. I'd like a more specific explanation as to what authority
the City staff presumes that it can arbitrarily remove an item
from the Council's agenda. What ordinance they are making that
removal under? What authority they have to do that?
MAYOR SHELL:. Mr. Oberholzer.
CITY ATTORNEY OBERHOLZER: Mayor Shell, there simply is
nothing before this Council which it can hear. There was no issue
to be presented before the Council. Pursuant to the ordinance,
there was a determination made that this use was not consistent
with the zoning. If the applicant challenges that contention,
they make their appeal to the Planning Commission, if they feel
that the interpretation of the ordinance was incorrect. The
Planning Commission has the final determination with respect to
the issue of whether or not the ordinance is being interpreted
correctly.
TOM FALLGATTER: Well Mayor Shell, I would ask who made
the determination? Mr. Oberholzer's indicated that there was a
determination made. I would like to know who made that determina-
tion and what gives them that authority, since the Planning
Commission had already ruled on the Site Plan Appeal and approved
it on a 5-0 vote. I'm just asking for, specifically, who made the
determination that there was nothing that could be heard by the
Council and under what authority they made that determination.
MAYOR SHELL: Yes. Can you answer that Mr. Oberholzer?
CITY ATTORNEY OBERHOLZER: Yes, Mayor Shell. It was
made pursuant to the ordinance, the new ordinance that was adopted
Bakers£ield, California, August 18, 1982 - Page 6
by City, and I don't have the section in front of me. I did ....
Mr. Fallgatter is aware of it because we had a meeting last week
and did go over that particular section. The Planning Director
is authorized to make the determination with respect to the use of
the property, whether it complies with the present zoning. The
applicant can then make the appeal to the City Council. So the
letter went out under the Planning Director's signature, Mr.
Sceales' signature, pursuant to an interpretation or legal notifi-
cation from our office with respect to the use of that property.
TOM FALLGATTER: Mayor Shell.
MAYOR SHELL: Yes, Mr. Fallgatter.
TOM FALLGATTER: I just want to be sure I understand,
then, what Mr. Oberholzer is saying; that the determination was
made by the Director of Planning?
MAYOR SHELL: Mr. Oberholzer, is that correct?
CITY ATTORNEY OBERHOLZER: That's correct Mayor Shell .....
TOM FALLGATTER: And he has the authority to make that
determination?
CITY ATTORNEY OBERHOLZER: That's correct.
TOM FALLGATTER: Just a few more moments of the Council'~
time. For the record, I would like to indicate that my counsel,
Highland Towing, does not accept Mr. Oberholzer's interpretation
that this matter can be pulled from the Council's agenda tonight
and we would ask that the Site Plan Appeal, that was originally
scheduled for tonight, be heard tonight as it should be. Just to
take a few minutes of the Council's time, I'd like to remind the
members of the Council the history of this project. It's been
almost a year ago that my client was told that the storage of
wrecked and disabled vehicles was a permitted use in an M-1 Zone;
and after she has signed three different leases for the property ;
after she's expended in excess of $7,000; after the City staff made
an initial determination that it was a permitted use; after a Site
Plan was approved of, by the City staff; after the Planning
366
Bakersfield, California, August 18, 1982 - Page 7
Commission, upon advice from the City Attorney's Office, voted 5-0
in favor of this project; the staff has done a flip-flop and now
makes determination that it's not a permitted use and my client
having expended significant amount of money, having relied on an
orderly process through the City of Bakersfield and having spent
almost a year of her time locating and negotiating the right to
enjoy the use of this property .... as I indicated, we don't concede
that the City has the right to do this. Yet, this is the sort of
arbitrary and capricious action that discourages business activity
and causes public contempt for government. It's absolutely
ludicrous that the City can take a position so long and so far and
so officially. Now, we're not talking about a telephone call,
we're talking about a Site Plan Review process, which was approved
by the staff. We're talking about a Planning Commission hearing on
an Appeal, where the City Attorney's Office ruled that the use
proposed was a permitted use. It's ludicrous that after that long
and continued representation, on behalf of the City that this use
is permitted, that then this can be arbitrarily pulled from the
agenda. I would like to say that, again, we don't accept that
position. We would like to see the matter heard tonight. I would
now, at this point, to formally request that the Appeal that was
originally scheduled for this evening's Council Meeting be heard
on the basis that there is absolutely no legal authority for the
Council to refuse to hear it. I'd like some formal reaction from
the Council with regard to that.
MAYOR SHELL: Okay. Yes. There are certain questions
that have to be answered in regard to this, but first of all, as
you well know it, a hearing was noticed and given public notice.
Mrs. Anderson was there public notice of a hearing to be scheduled
tonight?
ASSISTANT CITY CLERK ANDERSON:
MAYOR SHELL: There was, all right.
Councilmen who want
Yes, there was.
We have various
to comment on this. Councilman Means.
Bakersfield, California, August 18, 1982 - Page 8
367
COUNCILMAN MEANS: Yes, the point I wanted to make was
on one specific issue. Whether or not we should hear the Appeal,
I think, is a separate .... and I'm not commenting on that at this
point .... but, I would like to convey to Mr. Oberholzer that, while
I don't think it was arbitrary for you to pull this particular
item, I do think it was in appropriate. I don't know whether
there should be some consensus of the Council or an actual motion,
but I don't think any item, particularly one that there has been
some misunderstandings and perhaps some .... obviously there have
been some serious concerns on both sides of this agenda item,
when it left the Planning Commission, should then not be pulled.
I feel, and I guess what I'm communicating to you, is that, it
should have been left on the agenda. Then when we got the agenda
tonight, perhaps, under our pre-meeting would be the time to say
that you don't feel like that the item should be heard, because
it no longer is appropriate. That that's the point, then I would
feel very comfortable making that decision, but I don't think it
should be pulled from the agenda.
MAYOR SHELL:
on that?
Mr. Oberholzer would you like
to comment
CITY ATTORNEY OBERHOLZER: Yes, Mayor Shell and Council-
man Means. Legally this body, this board, the City Council has
no power to hear this particular issue at this time. Putting it
on the agenda, announcing it at the pre-meeting, that may have
been a way. I don't know if you wanted it on the agenda. The
point was that you were given, at least we attempted to give each
of the Council members, the complete backup information with the
reasons that it was not on the agenda on Friday. The actual
applicant, by that I mean those individuals who appealed to the
City Council, were notified, also, last week. The appellant is not
Mr. Fallgatter, it was the other individuals, who are the surrounding
property owners.
368
Bakersfield, California, August 18, 1982 - Page 9
MAYOR SHELL: Is there further questions?
COUNCILMAN MEANS: Mayor .... Yes. Mr. Oberholzer, I just
read your memo, again, to see if I didn't miss anything. I under-
stand the legal discussion you're bringing forth. That's not my
question at all. And, as I think I've already .... I've met with
Mrs. Bookout before, probably was going to .... at least as far as
I could tell, I was leaning against her request, so I'm not
arguing this in behalf of that particular request. All I'm saying,
is that, there is a different separate point and that is on any
particular item that's put on the agenda, particularly one that
has consequences on both sides, where a number of people are con-
cerned. I think the appearance of some inappropriate action is
just escalated, if that item is taken off the agenda before it's
brought down to this Council, and all the reasons that you then
discussed in your memo should have been discussed at the pre-meeting.
MAYOR SHELL: All right. Did you want to say anything
more on that. All right. Councilman Ratty.
COUNCILMAN RATTY: Yes, I'm really very embarrassed
about how this has all come about. Even from a governmental
standpoint, I think it's really embarrassing for the City to have
this happen. I think it never should have happened. As I know
it really shouldn't have happened and it shouldn't have gone as
far as it did without being stopped or reversed or something
happened a long time ago and it got to this point. I think staff
has to take the burden of this responsibility, and I think it's
something the City Council has to understand that this is what
happened. That this is a foul-up or something was overlooked or
wasn't put on. I think our staff does take that responsibility,
that this is not something that happens, it's something that did
happen.
process.
got out
I'm totally sympathetic with your frustration with the
That you went on so long and the whole problem has just
of hand. I would much rather have seen this thing, when
Bakersfield, California, August 18, 1982 - Page l0
369
things changed, have it stopped earlier, but that didn't happen
and it got to this point now. All I'm trying to say is, that,
I'm embarrassed and I think a lot of people are embarrassed about
it went so far, but we have to live by the City Attorney and what
he says. I've expressed my opinions to Mr. Oberholzer and what I
thought about the situation, but he says that this is the way it
has to be handled. We have to take his legal advice and that's
the legal advice we have to take, and that's where I'm at. If
he says that this is a moot question, then it's a moot question
to me, because he's our legal advice and that's the way it is.
That's the way I look at it.
MAYOR SHELL: All right. Did you want to comment ....
TOM FALLGATTER: Well no, actually Mayor, I understand
the .... I appreciate Councilman Ratty's remarks and I understand,
that I certainly wouldn't advise him not to take the advice of
his Attorney, practicing that profession myself. I can't agree
with what his Attorney's telling him. What I'm really asking for,
at this point though, is,
something indicating the
at this time. That that
going to abide by staff.
I want a formal resolution or motion or
City is not going to consider that Appeal
is the Council's position, that they're
I'd like to have something formal in the
record, that they are .... it was considered and the decision was
made not to hear the Appeal.
MAYOR SHELL: All right. We have a couple of other
requests from members of the Council. Councilman Christensen.
COUNCILMAN CHRISTENSEN: I particularly don't care
whether it's a moot question. I'm concerne~ is it right. What
I'd like to know is, from our Attorney, Attorney Fallgatter has
made about eight or nine very very strong acquisitions and if
they're true~ I think his client has been woefully mislead. I
think it's tragic if the Council doesn't consider the Appeal
tonight.
370
Bakersfield, California, August 18, 1982 - Page
MAYOR SHELL: Did anyone want to make comment on that?
COUNCILMAN CHRISTENSEN: I'd like to move that it be
heard tonight. It's on the schedule and should be heard.
MAYOR SHELL: Well, there's not proper notice, I don't
believe. The appellants have been told that it was not going
to be on the agenda and ....
COUNCILMAN CHRISTENSEN: Well, then I'd like ....
MAYOR SHELL: .... people have already left, because,
at your request, I said that it wasn't going to be heard and
people left, but Mr. Oberholzer do you a ....
CITY ATTORNEY OBERHOLZER: Mayor Shell, it makes
absolutely no difference whether or not there was a hearing on
Site Plan Review tonight. I mean, it makes literally no difference,
because the decision has already been made that it didn't meet the
very basic .... the applicant did not meet the very basic requiremen-ks
of the Code. That is, by way of an ordinance that was adopted and
became effective in April of this year. That particular use is
inconsistent with the zoning on that property. Now, Mr. Fallgatter
indicated he's been .... his applicant has been working with the
staff for over a year on this project. That's correct and a year
ago that particular use, in this zone, was a permitted use. In
fact, if the applicant had proceeded to complete her action on
that and start using it before the date that you passed the new
ZORAC Ordinance, she would have had what we would have termed a
pre-existing .... a nonconforming legal use. That is, it was in use
before the new ordinance passed, and although it doesn't meet the
new ordinance requirements, it met the old ordinance requirements.
But that didn't happen before that date, and it continued to
process on through. At some stage or another, I agree with Mr.
Fallgatter, there may have been some problems at the. Planning
Commission with respect to not .... what I feel, is not a complete
understanding of the whole provision within that ZORAC Ordinance,
defining Junk Yard now, but at some stage, I have the responsibility
Bakersfield, California, August 18, 1982 - Page 12
371
to this Council to advise them and advise the City on what the
correct interpretation is. After reviewing that, I issued a
memorandum to the Planning Director indicating what the correct
interpreation of that is. Now, I think what a Junk Yard is and
their particular use on the property. One thing that. happened
during the course of the adoption of the ZORAC was that, there
are a lot of new ordinances and we're going through a system or
a series of changes that several ordinances that you had before
you. We changed, as you recall, a huge pile of ordinances to
incorporate an all new zoning provisions. Included in that was a
definition of Junk Yard and added to the definition of Junk Yard
was dismantled or wrecked vehicles, whether self-propelled or not.
That was never in there before. That became effective in April
of this year. So it kind of slipped in and, I think, perhaps,
some people didn't realize that that slipped in. It changed what
the Planning Department had previously been using, a criteria for
determining what was a Junk Yard; that is, they were determining
Junk Yard as scrap metal, dismantling type operations. So,
consequently this right into the category of a Junk Yard, which
means it's only permitted in an M-2 Zone. Now, the Planning
Department, along with our office, along with Mr. Fallgatter and
Mrs. Bookout, when they came to us, we met with them l~st week,
we explained the problem. We proposed to the Council a new
ordinance and that it would give them an opportunity to have that
type of operation in an M-1 Zone, it's before you this evening for
referral to the Planning Commission. We've attempted to work with
them to try and rectify. So, to sit here and say that we've been
all the bad guys, we're not perfect and I'm not going to sit here
and say we are perfect and that we've done everything right along
the way, but we're trying to assist Mrs. Bookout in her problem
that she has under the present ordinance that's in existence in
the City. We have before you, this evening, a proposal to change
that ordinance.
372
Bakersfield, California, August 18, 1982 - Page 13
COUNCILMAN CHRISTENSEN: Then, I have to believe that
the Planning Commission has deteriorated since it acquired two
lawyers and an architect on it, who read the material and should
be able to understand it.
MAYOR SHELL: Councilman Payne.
COUNCILMAN PAYNE: Thank you, your honor. I understand
what Mr. Fallgatter is saying and I understand what Mr. Oberholzer
is saying, but regardless of what action we take everybody wants
to stay within the perimeters of the law. Nonetheless, I think
it's the desire of this Council that we don't leave Mr. Fallgatter's
client out in left-field with nowhere to go and no recourse, if
that's avoidable, particularly, if she's in that position as a
result of some unintentional misinformation, possibly, on behalf
of City staff. The new ordinance proposed, as under New Business
4 (c), Page 11 .... in the event that ordinance is approved by the
Council tonight, what happens?
MAYOR SHELL: Mr. Oberholzer.
CITY ATTORNEY OBERHOLZER: Mayor Shell, Councilman Payne,
that's for referral to the Planning Commission and the Planning
Commission will hold a hearing on it, return it to the City
Council, which will be in September, and we propose it as an
Emergency Ordinance so that you could adopt it immediately, if
that's the desire of the Council. But, what it would do, it would
allow an Impound Yard. First of all, it redefines Junk Yard.
Redefines Junk Yard and then classifies certain areas. In an
Impound Yard is allowable in an M-1 Zone, unless it's within a 150
feet of residential area. If it's within a 150 feet of a residential
area, it's allowed in an M-1 Zone with a Conditional Use Permit.
It's also allowed, of course, in an M-2 Zone. There are other
provisions for use in C-2 Zone for wrecked vehicles being stored
pursuant to a repair that is to be done on those vehicles on the
same site. That is, where they have a repair garage. Now, these
Bakersfield, Cali£ornia, August 18, 1982 - Page 14
37:3
are suggestions by the Planning staff and by our office to the
Council, and if you want to make some changes to those provisions,
you could make those changes.
COUNCILMAN PAYNE: Okay, we're talking about an additional
30 days then, approximately, hopefully.
CITY ATTORNEY OBERHOLZER: That's correct.
COUNCILMAN PAYNE: What happens if the Planning Commission,
after a public hearing, desires not to approve the new definition?
Can they do that?
CITY ATTORNEY OBERHOLZER: Mayor Shell and Councilman
Payne, they can it .... but you can still override it and pass the
ordinance yourself.
COUNCILMAN PAYNE: After what period of time? After it
comes back to the Council?
CITY ATTORNEY OBERHOLZER: That's correct.
COUNCILMAN PAYNE: When would it come back to the
Council, time wise?
CITY ATTORNEY OBERROLZER: After their next meeting,
probably be .... it would be in September that it would back to you.
They have a meeting tomorrow night. It would be two weeks from
tomorrow night that they probably would have that meeting, which
would be their first meeting in September .... the 2nd of September.
MAYOR SHELL: Mr. Sceales was trying to get your attention
Mr. Oberholzer.
PLANNING DIRECTOR SCEALES: (Unintelligible, Mr. Sceales
was talking from the audience.)
CITY ATTORNEY OBERHOLZER: The 16th of September, it will
be heard by the Planning Commission.
COUNCILMAN PAYNE: And then approximately two weeks
thereafter it would come back to the Council.
CITY ATTORNEY OBERHOLZER: Whenever, it would come back
to the Council immediately with its' next meeting. If there's a
meeting on the 22nd of September, it would come back on that date.
It would be back on the 22nd of September?
374
Bakersfield, California, August 18, 1982 - Page 15
ASSISTANT CITY CLERK ANDERSON: The 29th.
CITY ATTORNEY OBERHOLZER: The 29th of September.
COUNCILMAN PAYNE: As I understand it, it would be ....
the new proposed ordinance would only allow the use sought by Mr.
Fallgatter, if the actual physical location is not within 150 feet
of a residential neighborhood. Is that correct?
CITY ATTORNEY OBERHOLZER: That's correct.
COUNCILMAN PAYNE: In this particular case it is
definitely within a 150 feet. Is it not?
CITY ATTORNEY OBERHOLZER: I guess it is. It depends if
it joins residential property. I would think there probably is,
within that distance.
COUNCILMAN PAYNE: Therefore, since the property is
and it's within a 150 feet, even if it's approved here and it's
adopted by the Planning Commission, they accomplish nothing as far
as being able to utilize that property, other than the fact that
they now have the opportunity to go before the Board of Zoning
Adjustment and request a Conditional Use Permit. Is that correct?
CITY ATTORNEY OBERHOLZER: Mayor Shell, Councilman
Payne, that's correct, the way it's presently written. If you
want to change that, that's your prerogative. You can make any
changes to that and take out that restriction if you desire. A
second point that I want to make that I advised Mr. Fallgatter of,
and that is, that presently, today, he could apply to the Board of
Zoning Adjustment for a Conditional Use Permit for the type of
operation that Highland Towing is seeking on that property, under
our present ordinance. That won't happen in awhile, if you pass
an ordinance that was proposed to you and has been sent to the
Planning Commission; that is, an ordinance that is changing the
definition of Conditional Use Permit. But today he couSd apply,
if he wanted to, for a Conditional Use Permit with the Board of
Zoning Adjustment.
Bakersfield, California, August 18, 1982 - Page
375
COUNCILMAN PAYNE: If he applies for a Conditional Use
Permit and the Planning Commission, in the interim prior to time
Mr. Fallgarter can get a hearing with the Board of Zoning Adjust-
ment, the Planning Commission adopts the new proposed definition
of Conditional Use Permit we're right back where we are right now.
Is that not correct?
CITY ATTORNEY OBERHOLZER: Mayor Shell, Councilman
Payne, no that's not correct, because the Planning Commission does
not adopt the ordinance. It'll come back to the City Council for
adoption. It will be .... it not be an Emergency Ordinance, it will
be 30 days b~fore it becomes effective when it comes back to the
City Council, so he has, probably, two months in which to make an
application for the Conditional Use Permit, under the old or existing
ordinance.
COUNCILMAN PAYNE: Then it's a matter of timing and if
Council understands what we're talking about right now and under-
standing what we're doing when we do it, when the ordinance comes
back, if we're trying to accomplish something here. Is that not
correct? Anything that we do here tonight, in relationship to
Mr. Fallgatter's situation that might prove beneficial, could be
physically wiped out or erased if the timings not correct and the
other ordinance is approved by the Planning Commission, the
Conditional Use Permit definition, and it comes back and it's
approved by this body. My whole point is, if we don't do something;
and we don't do it right away, if it is our intent, there's a
majority here who would like to do something, if we don't do it
right away, we can basically string this party out for another
three or four or five months with a potential false hope and they
still accomplish absolutely nothing.
CITY ATTORNEY OBERHOLZER: Mayor Shell and Councilman
Payne, it depends on if you want to write an ordinance to allow
this type of use on that property with .... as a allowable use with-
out further hearing or anything else, you can do that.
376
Bakers£ield, California, August 18, 1982 - Page 17
COUNCILMAN PAYNE: Let me ask ....
MAYOR SHELL: Yeah ....
COUNCILMAN PAYNE: Pardon me?
COUNCILMAN STRONG: .... and get sued.
COUNCILMAN PAYNE: Well, I strongly suspect we're going
to be sued either way. In the event that this new ordinance is
adopted, and it goes to the Planning Commission, and it's approved
by the Planning Commission, and it comes back to us, and it's
enacted as an Emergency Ordinance, then Mr. Fallgatter~ on behalf
of or his client, will have to go to the Board of Zoning Adjustment
and request a Conditional Use Permit in order to legally use that
property. Is that not correct?
MAYOR SHELL: Mr. Oberholzer.
CITY ATTORNEY OBERHOLZER: Mayor Shell, Councilman
Payne, if you adopt it as proposed, that is correct.
COUNCILMAN PAYNE: And is it possible for the Board of
Zoning Adjustment to approve the Conditional Use Permit, even with
the property being within 150 feet of residential area?
CITY ATTORNEY OBERHOLZER: Yes.
COUNCILMAN PAYNE: And if they do approve it, and it's
appealed, it would be appealed by the people who don't want that
particular use there, and it would come back before the Council?
CITY ATTORNEY OBERHOLZER: That's correct.
COUNCILWAN PAYNE: And if it's not approved, it could
be appealed by Mr. Fallgatter and it would still come back before
this Council?
CITY ATTORNEY OBERHOLZER: That's correct.
COUNCILMAN PAYNE:
less of potential lawsuits
both, we're still going to
Payne,
And so, sometime in the future, irregard-
from one side or the other, or possibly
have to
CITY ATTORNEY OBERHOLZER:
that's possible.
COUNCILMAN PAYNE:
hear this matter anyway.
Nevertheless, Councilman
Yeah, that's right.
Bakersfield, California, August 18, 1982 - Page 18
377
MAYOR SHELL: If somebody appeals.
CITY ATTORNEY OBERHOLZER: If somebody appeals and if
you adopt that kind of an ordinance.
COUNCILMAN PAYNE: Is there an escape? Is there a way
out? Is there something that can be done to get around this
situation?
CITY ATTORNEY OBERHOLZER: Mayor Shell and Councilman
Payne, yes, there is, if you adopt an ordinance, listing a permissible
uses within an M-1 Zone, our new definition of, within Junk Yard,
that is an Impound Yard. If you adopt that as a permissible use
within an M-1 Zone, then they can go into that zone and there
will be no further hearings before any bodies.
COUNCILMAN PAYNE: And what would that require other
than an ordinance and four votes this evening?
CITY ATTORNEY OBERHOLZER: What would that require?
Well, it would go back to the P~anning Commission for hearing and
then come back to you at the City Council.
MAYOR SHELL: This is a zoning amendment ....
CITY ATTORNEY OBERHOLZER: Yes.
MAYOR SHELL: .... or a Code amendment to the zoning?
CITY ATTORNEY OBERHOLZER: An amendment to the Zoning
Ordinance.
COUNCILMAN PAYNE: Okay, so the ordinance as proposed,
if it was amended to include Impound Yard in M-1 Zones and it was
adopted by this Council, it would go to the Planning Commission and.
it could be back before this body or it could become active within
30 days. Is that right?
MAYOR SHELL: Mr. Oberholzer.
CITY ATTORNEY OBERHOLZER: You could adopt it as an
Emergency Ordinance on your meeting of September 29th.
COUNCILMAN PAYNE: Okay, thank you.
TOM FALLGATTER: Mayor Shell ....
MAYOR SHELL: Yes Mr. Fallgatter.
378
Bakersfield, California, August 18, 1982 - Page 19
TOM FALLGATTER: If I can make one final comment. I'd
like to commend the Council and staff for recommending that the
definition of Junk Yard be cleaned up. As Mr. Oberholzer indicated,
we have not with him and the definition, as it stands now, is
absolutely insane. I don't know how Jim Burke Ford or Gene Winer
Cadillac, or just about any other auto dealership in town, feels
about being labeled a Junk Yard, but that's exactly what any
business that has any wrecked or disabled vehicles on its' lots is
a Junk Yard, under the ordinance as it now stands and it does need
to be cleaned up. I would follow up on what Councilman Payne is
saying. The problem with the proposed, that staff is recommending,
is that, of all the uses permitted in the M-l, and many many many
of them are more onerous to adjacent residential areas than what
my client would do, they have selected out only one that will
require a Conditional Use Permit, if it's within a 150 feet of a
residence. What this is, is simply a clear and blatant attempt
to pass off to a new ordinance what the problem that's been created
here. Why is it that the storage of disabled vehicles is selected
out as the only use that will require a Conditional Use Permit, of
all the old uses under M-l, before ZORAC was adopted. Well, isn't
it a little strange that staff is recommending that this one
particular use be chosen as the one that'll have the Conditional
Use Permit? In answer to Councilman Ratty's question and Councilman
Payne's question, absolutely yes. This property is within 150 feet
of a residence, and yes, it would then require a Conditional Use
Permit for the use that we want and to provide .... to finish the
scenario out, even if it comes back here, and it's adopted as an
Emergency Ordinance, then we have to go in with an application for
a Conditional Use Permit that has to be .... notice of that has to
be given, that has to be a hearing on that, there is going to be an
appeal, public notice of that and this thing can go on, literally,
for very many more months. I would suggest to the Council that the
ordinance that is referred to the Planning Commission simply
Bakersfield, California, August 18, 1982 - Page 20
reinstate what the rules were before
Junk Yard was made, and that is that
disabled vehicles is a permitted use
this crazy new adoption of
the storage of wrecked and
in an M-1 Zone. That was
the rule before the ZORAC Ordinance, and I talked to every single
member of the Council about it. I was on the Planning Commission
at the time, and I talked to staff and nobody knows, for sure,
where this new definition of Junk Yard came from. Nobody wants to
take credit for it. It was, as
sort of slipped in there. Well,
not be to used to deny my client
has historically been permitted,
somebody said earlier here, it just
that slipping in process should
the use of that property that
and it's just being used as a
weapon against her at this point. What was an arbitrary adoption
is now being used as a weapon, and I think the clear solution to
this thing is that the law simply be put back to where it was when
my client first approached the City. If this had been a reasonable,
rational decision on the part of the Council that something needed
to be changed, that would be one thing, but when it was almost an
accident that the change was made, I don't think, then, that that
accidental change should be used as a hammer. I think you should
recommend to the Planning Commission that they consider a new
cleanup of the statute. I'm all in favor of that, but I think it
should be, as far as wrecked and storage vehicles, it should just
be a .... simply back to what it was before, that they're permitted
use in M-1. They're certainly much less disastrous to a neighbor-
hood than many many other uses permitted in M-1. I still would
like to have the Council's final decision with regard to whether
the Appeal will be heard tonight. Councilman Christensen does haw~
a motion that it be heard, and I would like to have at least that
matter finally resolved.
MAYOR SHELL: Councilman Christensen you had asked to be
recognized anyway.
COUNCILMAN CHRISTENSEN: I just wanted to know, what was
the date in which the new Zoning Code came off?
88O
Bakersfield, California, August 18, 1982 - Page 2~
MAYOR SHELL: Mr. Oberholzer.
CITY ATTORNEY OBERHOLZER: Mayor Shell and Councilman
Christensen, it was under consideration for, I think, several
years, but you adopted it on March 30th or 31st of this year.
It became effective April 30th of 1982.
COUNCILMAN CHRISTENSEN: That's what
because I got a copy of it and I read a lot of
question I want to ask you,
act upon
Shell.
I understand,
it. The other
is when did the Planning Commission
this request?
MAYOR SHELL:
CITY ATTORNEY OBERHOLZER:
Mr .... Can you answer that?
I can't answer that Mayor
MAYOR SHELL: Mr. Scea~scan you answer that?
COUNCILMAN CHRISTENSEN: Was it not about 6 weeks ago?
Was it about 6 weeks ago, six, eight weeks ago? What I'd like to
know is how did it go astray? We have an Attorney, don't we,
that presides with the Planning Commission? Then we have Attorney
Westra and Attorney Camp on there, and they all have access to the
new Code. How did the thing get by, is what I'd like to know
with Attorneys on it?
MAYOR SHELL: Can you answer that Mr. Oberholzer?
CITY ATTORNEY OBERHOLZER: Perhaps by mistake, Councilman
Christensen. To be fair to the members of the Planning Commission,
I'd have to say that the Attorneys on the Planning Commission did
not make the legal determinations for the City. They sit up there
just as Planning Commissioners, as anybody else off the street, and
they don't make legal determinations. So our office has to take that
responsibility.
COUNCILMAN CHRISTENSEN: Hah.
MAYOR SHELL: Councilman Ratty.
COUNCILMAN RATTY: I was just going to say that same
thing. It's the Attorney's Office that made the recommendation
that that be .... that's where the thing got out of hand, because
Bakersfield, California, August 18, 1982 - Page 22
they interpreted that section as just being a permissible use.
That's where the trouble got started.
MAYOR SHELL: Councilman Payne.
COUNCILMAN PAYNE: I would just like to respond to Mr.
Fallgatter's question or request. I'm sympathetic to your client's
position, and I certainly think that the storage of wrecked and
disabled vehicles in an M-1 Zone is a proper use, and I certainly
intend to make that recommendation and modification to the proposed
ordinance, when we reach that part of the agenda this evening.
However, I don't feel comfortable and I don't intend to ignore the
City Attorney's advice and make a motion to have a public hearing
tonight. I don't think that would be proper, and it would make it
awfully difficult for him to defend my position, also as my legal
counsel in the event I defy his advice. I am sympathetic to your
situation. I would like to do something, legally, to try to
alleviate the problem.
MAYOR SHELL: All right. I would like a clarification.
Councilman Christensen, did you make a motion that the hearing be
held tonight?
COUNCILMAN CHRISTENSEN: Yes I did.
MAYOR SHELL: You did make a motion?
COUNCILMAN CHRISTENSEN: Yes.
MAYOR SHELL: All right. Well, then .... Councilman
Strong.
COUNCILMAN STRONG: Yes Mayor, I'd remind the Council
that they have a responsibility to the people that filed the
Appeal and those persons have been notified that there would not
be a hearing tonight. That the matter is moot and that it would
not be heard tonight. I think that motion is very much out of
order, because it does not show that this Council is discharging
its responsibility to the other taxpayers who filed the Appeal.
They are listening to only one side of a situation and argument,
which Mr. Fallgatter is being paid to present. It's a matter which
382
Bakersfield, California, August 18, 1982 - Page 23
has been under advisement for a long long time; and, I think, Mr.
Fallgatter was part of that process when, as I said before, he
appeared before the Council with a dead animal in his hand,
extolling some residents of wild animals, and, I think, in that
particular case he was talking about the Kern River Corridor; and,
I think, there are people who feel very very strongly about this
particular issue. I would remind the Council that they should be
given a chance to be heard. If our staff made a mistake, unless
you hope to get away with disenfranchising those persons, I think,
that motion is absolutely out of order. It shouldn't even be
considered, because proper notice has not been given. Proper
notice was given, and that notice was rescinded, and those persons
wishing to be heard on this matter have been told that there would
not be discussion. I don't see how this Council can take any other
position, but to not even vote on this. Not that I have any
intention that the Council will vote favorably. I don't think it
could be considered tonight in view of the fact that those persons
who filed the Appeal have not been given proper notice.
MAYOR SHELL: Mr. Oberholzer, I have a question here on
this motion. There are certain legal requirements that have to be
met for a public hearing. Certain people have to be notified that
there is a public hearing. Has the Council met the legal require-
ments for a public hearing on this issue tonight?
CITY ATTORNEY OBERHOLZER: Mayor Shell, we sent out
notice to .... or Mr. Sceales sent out notice to those persons who
had appealed this matter to the Council, advising them that the
Appeal was moot. That the issue was moot before the City Council
and would not be heard this evening. Consequently, if you did
proceed with the hearing they would simply go to court and it
would be overturned on a courts, probably ex parte order. It
wouldn't even .... I couldn't even file an opposition to that, as a
matter of fact.
Bakersfield, California, August 18, 1982 - Page 24
MAYOR SHELL: All right.
COUNCILMAN CHRISTENSEN: I adhere to Mr.
and withdraw the motion, but I'm very glad I asked
bring this stuff out on the table.
MAYOR SHELL: All right. Mr. Fallgatter,
any other questions?
TOM FALLGATTER:
statement in conclusion.
hear the Appeal tonight.
Councilman Christensen.
Strong's request
the question to
do you have
Yeah, Honorable Mayor, I would make one
It's apparent that the Council will not
I would say that, I think that this is ....
this whole process has been highly unfair. I think it's wrong.
As a lawyer, I'm use to operating in a system that operates on the
same rules for everybody. We refer to that in our Country as the
rule of law as opposed to the rule of men. What's happened here,
tonight, is, to my client, and what's happened in this process,
is the rules got switched on her and it's unfair and it's wrong.
I recommend and commend that this Council make the rules back the
same for her as they were for everybody else, and if you aren't
going to hear this Appeal, the least that you can do is rectify
this situation by making this a permitted use in an M-l, as it has
been historically and as it should be. The rules shouldn't be
changed midstream. I don't care .... I don't mind losing. I win
and lose all the time, but as long as we play by the rules that's
one thing, but for people to just arbitrarily change the rules mid--
game is unfair. I do think the least you can do is rectify that
situation by cleaning up that ordinance and putting it back to
where it was before. I heartily recommend that you do that, and
that you not select out this property with the 150 feet Conditional
Use Permit gimmick and that you simply put the rule back to where
they were. Thank you for the opportunity to address you. I'm
sorry it took so long.
MAYOR SHELL: Thank you. Councilman Payne.
COUNCILMAN PAYNE: Your honor, I have a question of Mr.
Fallgarter.
384
Bakersfield, California, August 18, 1982 - Page 25
MAYOR SHELL: Mr. Fallgatter.
COUNCILMAN PAYNE: I'm not going to let you get comfortable.
You're not going to let us get comfortable. I would like to ask
you what you feel would be accomplished by having the public
hearing that would not be accomplished, if the Council saw fit to
modify the proposed Emergency Ordinance this evening in such a
manner as to do what you're trying to accomplish anyway, and that's
makes the storage of abandoned and disabled vehicles a legal per-
missible use in an M-1 Zone, as it was prior to this ZORAC proposal[?
TOM FALLGATTER: Well, if that recommendation went to
the Planning Commission and eventually came back here and that was
the ordinance that was adopted, then the end result would be the
same. Yes, the problem would be solved for my client. We would
be ta~king about an additional 30 days in time, but that would
solve the problem. It's just one of the problems we do have, is
just the tremendous amount of time that this has eaten up for my
client, but the basic answer to your question is, the end result
would be satisfactory and it would solve the problem.
COUNCILMAN PAYNE: Thank you, and Mr. Oberholzer, if I
might. We could do that? If I understand what we were discussing
a few minutes ago, here, that would accomplish the same thing with-.
out violating any laws, because this was not .... this would not
consitute a public hearing.
MAYOR SHELL: Mr.
COUNCILMAN PAYNE:
Is that correct?
Oberholzer.
If four members of this Council
saw
fit to amend the proposed Emergency Ordinance to return the zoning
regulations as they were prior to ZORAC, we can legally accomplish
that?
CITY ATTORNEY OBERHOLZER: Mayor Shell, Councilman
Payne, that's correct, because you're not passing on the ordinance.
All you're doing is giving recommendation to staff how to present
that to the Planning Commission. It will be presented to the
Planning Commission in anyway you want to present it. It'll come
come back to the City Council for action, back on the end of September.
Bakersfield, California, August 18, 1982 - Page 26
COUNCILMAN PAYNE: Okay,
MAYOR SHELL: All right.
to speak. Mr. Needham.
DIRECTOR OF FIRE
Mayor. Mayor and Council,
thank you.
Someone on the staff wanted
& DEVELOPMENT SERVICES NEEDHAM: Yes,
I think its .... just for a point of
information, the definition of Junk Yard, as it's presently
written in the ordinance, was not originally followed literally
as written now in this case, because of the way it was defined
previously when Mrs. Bookout applied. The reason that this all
came about was .... the reason the definition of Junk Yard came
about was, at the time of the appellant .... of the hearing of the
appellant at the last .... that was brought up by Council, that the
definition of Junk Yard wasn't being followed in this case. That's
when it was brought about. As a result of that information coming
out from the Council we had to, then, without any doubt, go back
and try to work with the ordinance and get legal interpretation
and so forth. I think that's important for the Council to under-
stand.
MAYOR SHELL: That is new language though.
DIRECTOR OF FIRE & DEVELOPMENT SERVICES NEEDHAM: Definitely.
MAYOR SHELL: Yeah. Councilman Strong.
COUNCILMAN STRONG: What I think is important for the
Council to understand is that the entire Site Plan Review process
was not adopted by .... was not recommended by the Planning Commission
and adopted by the Council, because of Mr. Fallgatter's application.
I think what's being discussed, here tonight, is arbitrary, and in
view of that, I'd like to ask that the comments, in regards to this
particular item, be spread across the minutes and that each CounciZL-
man be given a copy. Thank you.
MAYOR SHELL: Thank you Mr. Fal~gatter.
386
Bakersfield, California, August 18, 1982 - Page 27
CORRESPONDENCE
Upon a motion by Councilman Rockoff, communication from
Safeway Stores, Inc., dated August 3, 1982, regarding bond
financing for future projects in Bakersfield, was received and
referred to the Budget Review and Finance Committee.
Upon a motion by Councilman Rockoff, communication from
the Greater Bakersfield Chamber of Commerce, dated August 4, 1982,
urging the City to do everything possible to encourage the develop--
ment of a Downtown Convention Hotel, was received and ordered
placed on file.
Upon a motion by Councilman Christensen, communication
from the Bakersfield S.P.C.A., dated August 5, 1982, submitting a
proposal designed to hold down future animal control costs, was
received and referred to the Budget Review and Finance Committee.
Upon a motion by Councilman Ratty, communication from
American Development Corporation, I Park Plaza, 3250 Wilshire
Boulevard, Suite 2000, Los Angeles, dated August 5, 1982, asking
whether the City would be interested in having a privately-owned
municipal solid waste incineration facility constructed near the
Bakersfield Sanitary Landfill, was received and referred to the
Kern County Solid Waste Management Advisory Committee for study
and recommendation.
Upon a motion by Councilman Rockoff, communication from
The Frazer Lanier Company, Inc., Investment Bankers, P.O. Box
6178, Montgomery, Alabama, dated August 12, 1982, regarding City
of Bakersfield Economic Development Revenue Bonds (Graybar Electric
Company, Inc., Project), was received and referred to the Budget
Review and Finance Committee.
In response to a communication from the League of
California Cities, dated August ~l, 1982, requesting designation
of a voting delegate and alternate for the League of California
Cities Annual Conference to be held in San Diego, from October 17
through 20, 1982; Councilman Christensen made a motion to appoint
Bakersfield, California, August 18, ]9~2 - Page 28
Councilman Payne as the voting delegate, and Councilman Ratty made
a motion to appoint Councilman Barton as alternate. These motions
were unanimously approved.
Upon a motion by Councilmai~ Ratty, communication from
Kern County Public Works and Surveyor's Department, dated August
16, 1982, requesting abandonment of 14th Street between Eye Street
and Chester Avenue, was received and referred to the Planning Com-
mission for study and recommendation.
Upon a mo~ion by Councilman Payne, communication from
Kern County Off Road Vehicle ~ssociatio~, 1124 Brentwood Drive,
Bakersfield, dated August 13, 19~2, requesting that the area
designated in the study entitled "t~ern River Open Space Plan,
Chapter Five," Kern River land use primarily in the area beginning
at Allen Road and going east to Bellew~e Weir, remain open for use
of off road vehicles, was received and referred to the Water and
City ~rowth Committee.
COUNCIL STATEMENTS
Mr. Alan Dave Bell stated he received a notice regarding
abatement of weeds from property located at 1708 Hendricks Lane.
Mr. B~11 stated he no longer owns this property.
City Manager Kelmar stated apparently Mr. Bell is shown
on ~;he Assessor's rolls as the property owner and that is why he
was notified.
Director of Fire & Development Services Needham stated
that upon advice from the City Attorney ~he amount of the assess-
ment for the Abatement of Weeds must be filed agains~ the property
itself, regardless of who owns the property.
Mr. Bell stated the property was returned to Stanley and
Maria Brewer in February, however, no documents were signed until
a couple of weeks ago.
City Attorney Oberholzer suggested that Mr. Bell write
a statement to the effect that he. no longer owns the property in
question and who the new owner is, and that statement will be placed
Bakersfield, California, August 18, 1982 - Page 29
on file in connection with the Weed Abatement hearing scheduled
later in the agenda.
Mr. John Garone, Bakersfield Board of Realtors, read a
prepared statement opposing the adoption of the Ordinance governing
the designation, preservation and perpetuation of Historic and
Scenic Properties as presently proposed. Their opposition is based
on the use of City's police powers over privately owned property
for the purpose of Historic Preservation. Mr. Garone urged that
this proposal be rejected and returned to the drawing board for
a new proposal, which will bring Bakersfield a program of Historic
Preservation without the evils of restricting or abridgment of
private property rights and benefits.
Upon a motion by Councilman Payne, written statement as
presented by Mr. John Garone, Bakersfield Board of Realtors,
opposing the adoption of the ordinance governing the designation,
preservation and perpetuation of Historic and Scenic Properties as
presently proposed, was received.
Upon a motion by Councilman Barton, proposal for a Central
Business District Zoning Ordinance, was referred to the Planning
Commission, as a City Council initiative, for study and recom-
mendation.
Councilman Barton stated the City has been involved in a
Land Write-Down Program, which has now been terminated by Council
action. This program was terminated due to the fact that the HUD
235 Project was terminated. One more HUD 235 commitment has been
found that will enable one more low-income family to qualify for a
surplus home that the City was not able to subsidize. This was one
of two houses constructed by Mr. Tommie Townsend under the old
program and he wa.s unable to qualify a family to move in.
Councilman Barton made a motion that the Council allow
the reconsideration of one of the homes to be recommitted under
the Land Write-Down Program to Mr. and Mrs. Santos Juarez.
Bakersfield, California, August 18, 1982 - Page 30
389
Councilman Rockoff stated the $12,000 was held by the
developer for a period of time after the contract expired and
requested that interest, in
on that money from the time
was received by the City.
the amount of 16% per annum, be paid
the contract expired until the money
Ms. Viki Araujo, speaking on behalf of Mr. & Mrs. Juarez
who cannot speak English, stated they would like to be participants
in this agreement. They have been waiting since last March for an
opportunity to move into this house.
Upon a motion by Councilman Barton, Agreeement with Tommie
Townsend to allow one of his houses under the Land Write-Down Program
to be purchased by Mr. & Mrs. Santos Juarez under the HUD 235 Project,
with the understanding that Mr. Townsend pay interest on the
$12,000 that he held for a period of time after the original contract
expired at 16% per annum, was approved and the Mayor was authorized.
to execute same.
Upon a motion by Councilman Means, Hearings were advanced
on the Agenda to be held immediately following Council Statements.
Mayor Shell declared a brief recess at 10:05 P.M. and
reconvened the meeting at 10:15 P.M.
Upon a motion by Councilman Means, additional ideas
expressed on the City-County Fire Consolidation Study, were referred
to the Intergovernmental Relations Committee.
HEARINGS
This is the time set for public hearing before the Council
on an Appeal by Ruby Gilmore to the decision of the Board of Zoning
Adjustment granting an application for a Conditional Use Permit to
Aladdin's Castle, Inc., to allow a video game arcade consisting of
seventy-five video games and seven pinball machines in a C-2-D
(Commercial - Architectural Design) Zone, affecting that certain
property in the City of Bakersfield commonly known as 1505 Columbus
Street (College Heights Shopping Center).
390
Bakersfield, California, August 18, 1982 - Page 31
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.
President of
behalf of Mr.
Store, spoke
John Beresford, Manager of Casper's Men's Store,
College Center Merchants Association and speaking on
Bob Findley, Manager of J. C. Penney's Department
in opposition to the proposed video game arcade in
College Center. Most of the merchants disapprove of this type of
business in that area because of security problems. Mr. Beresford
presented a petition signed by 12 merchants in the Stockdale West
Shopping Center, supporting the efforts of the College Heights Shopping
Center Merchants Association in its opposition to the proposed video
game arcade at 1503 Columbus Avenue in the College Center Shopping
Area, and outlining some of the problems they have had since a soda
fountain opened containing 24 video machine~ Mr. Beresford requesteft,
for the reasons outlined in the petition, that the Council decline
the application of Aladdin's Castle for a video game arcade in the
College Center Shopping Center.
Mr. William Dunlap, Executive of Dunlap's Department
Store, stated they have 35 stores in Southwestern United States
and everywhere they have stores that an arcade was allowed, problems
as mentioned in the petition from the Stockdale West Merchants have
arisen. The high school and college girls working at their store
in the evening do not want to work if the arcade is allowed. This
is a community type shopping center and they want to keep it that
way. Dunlap's is strongly opposed to the video game arcade.
Mrs. Ruby Gilmore, 1200 Block of Crawford Street, out-
lined the history of the College Heights Shopping Center and
surrounding area. Mrs. Gilmore presented petitions containing
638 signatures of people, who shop and live by the College Center
Shopping Center, protesting the establishment of a video game arcade
in that center.
Bakersfield, California, August 18, 1982 - Page 32
391.
Mr. Anthony Leggio, property owner in College Heights
Shopping Center and speaking on behalf of his tenant J. C. Penney's
Department Store, opposed the video game arcade. Mr. Leggio felt
the granting of the Conditional Use Permit and placing the video
arcade in the shopping center will result in some very significant
adverse economic conditions to the merchants in that area and the
owners of the premises. They feel if this business is allowed and
stays open past the hours of the other 33 businesses they will have
to hire security guards to protect their stores, children and other
participants going to the video game center. The budget for security
guards would far exceed the total operating budget at the present
time for the operation of the entire center.
Merle Arriola, 18 year resident of College Heights Area,
spoke in opposition to the video game arcade and requested that
the application be denied.
Mr. Andros Ozanich, owner of United States Nursery in the
College Heights Shopping Center, spoke in opposition to the video
game arcade due to vandalism.
Mr. Anton Ozanich, 5025 Fillmore Avenue, father of
Andros Ozanich, spoke in opposition to the video game arcade and
requested that the application be denied.
Mr. Matt Ozanich, planning to start a business called
Ozan's Bakery, spoke in opposition to the video game arcade due
to vandalism, hazards for young women working nights at various
businesses in the shopping center and the littering problems that
will be caused by the arcade.
Mr. Mike Worthing, Attorney representing Aladdin's
Castle, Inc., stated this is a lawful business in an appropriate
location. The determination must be made on evidence heard tonight
and not on moral grounds of opposition to a business, which is
recognized as lawful in this State. Opposition which is based on
the merits or demerits of video games is not proper for consideration.
Mr. Worthing then outlined the conditions that must be met before a
Conditional Use Permit can be issued.
39'2
Bakersfield, California, August 18, 1982 - Page 33
Mr. Alec S. Anderson, III, Director of Planning and
Development for Bally's Aladdin's Castle, Inc., a Chicago
Corporation, addressed the Council about the type of the more than
400 family amusement centers they operate in 47 States of the United
States. They have never been asked to leave or close a center in
any of their locations. They hope Bakersfield will welcome them
and requested that the Conditional Use Permit be granted.
Mr. Scott Underhill, representing Aladdin's Castle in
lease negotiations for College Heights Shopping Center, spoke in
favor of the video game arcade.
Mr. Mike Chapman, owner of the Disco Inferno, stated the
City allowed him to open his business with reservations and it
worked out fine. Mr. Chapman felt that Aladdin's Castle should be
given a chance and if it does not work out the Conditional Use
Permit can be revoked.
Mr. Carlos Markovits, Manager of Woolworth's Store in
College Heights Shopping Center, asked several questions of Mr.
Anderson regarding the type of shopping centers their other
operations are located in, as compared to the College Heights
Shopping Center.
No further protests or objections being received and no
one else wishing to speak in favor, Mayor Shell closed the public
portion of the hearing for Council deliberation and action.
Councilman Christensen stated that Alexandra Paola and
her husband, who own 13 stores in the College Heights Shopping
Center, requested that he express their opposition to placing this
video game arcade in this area. Councilman Christensen also stated
he feels this type of business should not be located in this area
because it is not compatible with the area o~ life style of the
shopping center.
Councilman Christensen made a motion to adopt a Zoning
Resolution of the Council of the City of Bakersfield granting
Bakersfield, California, August 18, 1982 - Page 34
393
Appeal by Ruby Gilmore from Board of Zoning Adjustment decision
granting a Conditional Use Permit
allow a Video Game Arcade on that
as 1505 Columbus Avenue.
to Aladdin's Castle, Inc., to
certain property commonly known
Councilman Ratty stated he feels there is a lot of need-
less fear about this video game operation, because no one has
actually seen one in action with controls. The Stockdale West
Shopping Center had problems three years ago, before they had
video games. This is a first class operation and if it is not
operated properly their Conditional Use Permit can be revoked.
Councilman Ratty offered a substitute motion to adopt a
Zoning Resolution upholding the decision of the Board of Zoning
Adjustment granting a Conditional Use Permit to Aladdin's Castle,
Inc., to allow a Video Game Arcade on that certain property commonly
known as 1505 Columbus Avenue.
Councilman Rockoff stated he represents this area and
in all honesty he basically agrees with Councilman Ratty, however,
he will vote to deny the Conditional Use Permit, because it is the
will of the people of the 3rd Ward.
After further discussion, Councilman Ratty's substitute
motion to adopt a Zoning Resolution upholding the decision of the
Board of Zoning Adjustment granting a Conditional Use Permit to
Aladdin's Castle, Inc., to allow a Video Game Arcade on that certain
property commonly known as 1505 Columbus Avenue, failed to carry by
the following roll call vote:
Ayes Councilmen Payne, Ratty
Noes Councilmen Means, Rockoff, Strong, Barton, Christensen
Absent: None
Councilman Christensen's motion to adopt Zoning Resolution
No. 292 of the Council of the City of Bakersfield granting Appeal
by Ruby Gilmore from Board of Zoning Adjustment decision granting
a Conditional Use Permit to Aladdin's Castle, Inc., to allow a
394
Bakersfield, California, August 18, 1982 - Page 35
Video Game Arcade on
Columbus Avenue, carried by the following roll call
Ayes: Councilmen Means, Rockoff,
Noes: Councilmen Payne, Ratty
Absent: None
that certain property commonly known as 1505
vote:
Strong, Barton, Christensen
Council
This is the time set for public hearing before the
for hearing protests by property owners for proposed
Maintenance District No. 2, which provides the basis for the
benefit assessment for maintaining a public park to be borne by
all parcels or property within proposed Maintenance District No.
2, generally bounded by Ashe Road on the east, Ming Avenue on the
south, E1 Portal Drive on the west (including all lots fronting
on E1 Portal Drive), and Outingdale Drive/Kearsarge Way on the
north (including all lots fronting on Outingdale Drive and
Kearsarge Way).
This hearing has been duly advertised, posted and the
property owners notified as required by law.
Letters of protest were received from the following
property owners:
1. Dearl L. & Joy M. Dixon, 6700 Donnell
Court, Lot 16, Tract No. 3871, Parcel No.
339-390-16-00-0.
2. Harry E. & Marion A. Willmore, 7205
Outingdale Drive, Parcel No. 339-411-10-00-4.
James B. & Cheryl L. Burroughs, 6900
Caswell Avenue, Lot 36, Tract No. 3505,
Parcel No. 380-033-03-00-0.
William A. & Gloria W. Berry, 1501 Longway
Lane, Lot 66, Tract No. 3870, Parcel No.
339-362-06-00-6.
Beverly Ruth Bowman & Karen Ann Sattergren,
6501 Columbia Lane, Parcel No. 380-042-10-
00-6.
6. N. Thomas & Colleen M. McCartney, 6900
Altaville Lane, Parcel No. 380-130-19-00-5.
7. Noryell P. & Lena M. Trumbo, 7309 Outing-
dale Drive, Parcel No. 339-433-24-00-5.
8. R. Douglas & Mary Jean Warren, 6709 Sly
Lane, Parcel No. 339-363-12-00-0.
Bakersfield, California, August 18, 1982 - Page 36
395
9. Robert E. & Janice K. Walker, 6508 Hornitos
Court, Lot 34, Tract No. 3782, Parcel No.
380-042-01-00-0.
10.
John A. & Doris D. Saunders,
Way, Lot 46, Tract No. 3870,
339-351-10-00-7.
6700 Kearsarge
Parcel No.
ll.
Michael N. & Mary Louise Brust, 1400
Longway Lane, Lot 71, Tract No. 3870,
Parcel No. 339-362-11-00-0.
12. Roger A. & Beverly Mcintosh, 7105 Tioga
Court, Parcel No. 380-121-03-00-2.
13. William W., Jr. & Linda Sinclair, 6905
Altaville Lane, Parcel No. 380-130-21-00-0.
14. Donald R. & Patricia E. Moyer, 7009
Altaville Lane, Parcel No. 380-123-08-00-1.
15. Michael A. & Suzanne J. Tanner, 7005
Altaville Lane, Parcel No. 380-123-09-00-4.
16. Roger L. & Virginia C. Dilbeck, 6704 Sly
Lane, Lot 20, Tract No. 3870, Parcel No.
339-361-06-00-9.
17.
Ronald H. & Linda G. Sisco, 6600 Hornitos
Court, Lot 3, Tract No. 3782, Parcel No.
380-041-01-00-3.
18. Travis G. & Pilar C. George, 6608 Hornitos
Court, Lot 1, Tract No. 3782, Parcel No.
380-041-03-00-9.
19. Robert H., Jr. & Shirley L. Frye, 1509
Manning Street, Parcel No. 339-383-06-00-9.
This hearing has been duly advertised, posted and the
property owners notified as required by law.
Mayor Shell declared the hearing open for public partici-
pation.
Mrs. Mia Smitt, 6709 Rexford Way, stated most residents
of Amberton have no use for a park that will only have picnic
tables and barbecue pits. They feel it is unfair for the residents
of Amberton to have to pay for a park that can be used by all
residents of the City and that all other City parks are paid for
by all residents.
Mr. Harry Willmore, 7205 Outingdale Drive, questioned the
validity of the petition for the park, because it did not contain
enough information and only the residents in favor of the park were
396
Bakersfield, California, August 18, 1982 - Page 37
allowed to sign. Mr. Willmore felt the residents should be allowed
to vote for or against the park, because without a vote it is
taxation without representation.
In answer to a question by Councilman Means, Public Works
Director Hawley stated 53% of the property owners in the area
signed the petition requesting that the Council form the Maintenance
District.
Mr. Erik Smitt, 6709 Rexford Way, stated he never saw
the petition and he agrees with Mr. Willmore. The petition only
ask if the residents wanted a park. It did not address the cost
of what would be installed in the park, because the concept had
not been fully developed.
Mr. Thomas McCartney, 6900 Altaville Lane, stated a
tremendous amount of misinformation was circulated on the park
and the only fair way to make a determination is to allow the
residents to vote on the matter. A great number of people have
changed their minds since the facts on this park are now known.
Mr. Mitchell Van Wyk, 1404 Lookout Lane, speaking in
opposition to the park, stated the residents should be given a
vote on the matter, because a lot of people have changed their
minds since more of the £acts are known.
Mrs. Phyllis Tisch, 6711 Rexford Way, expressed her
opposition to the park and stated she did not feel it is a fair
tax.
Mr. Ty Stillman, 7108 Tioga Court, representing the
Amberton Park Committee, explained the process that was followed
as depicted in the ordinance and he also stated the petition
explained clearly what was being requested.
No further protests or objections being received and
no one else wishing to speak in favor, Mayor Shell closed the
public portion of the hearing for Council deliberation and action.
Upon a motion by Councilman Means, Resolution No. 89-82
of the Council of the City of Bakersfield adopting Maintenance
Bakersfield, California, August 18, 1982 - Page 38
397
District No. 2 and confirming the Assessment, was adopted by the
following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton
Noes: Councilman Christensen
Absent: None
This is the time set for public hearing before the Council
on Resolution of Intention No. 953 (Assessment District No. 81-1),
declaring its intention to order the construction of certain
sanitary sewer, water and drainage improvements, together with
appurtenances and appurtenant work in connection therewith, located
generally east of South "H" Street and north of Panama Lane,
pursuant to the provisions o£ the "Municipal Improvement Act of
1913;" declaring the work to be of 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.
This hearing has been duly advertised, the property posted
and the property owners notified as required by law.
Mayor Shell declared the hearing open for public partici-
pation.
Mr. George W. McFarlin, representing Brown & Nazarek,
Bond Counsel conducting proceedings for the formation of the
Assessment District, stated the purpose of the hearing is to take
public comment in support and opposition to the formation of the
District and project.
Mr. William Stukey, Willdan Associates, appointed by the
City as the Assessment Engineer on the project, stated the purpose
of the Assessment District is to provide basic utilities for un-
developed properties in order that they might subdivide in accordance
with the City's zoning provisions. The Assessment District is to
build sanitary sewers, storm drains, drainage sumps and water
facilities on the properties in order that they might develop.
The District was originally initiated by a petition that at the
Bakersfield, California, August 18, 1982 - Page 39
time it was filed with the City represented 71% of the assessable
area. All property owners were notified of the anticipated assess~-
ment, based on the estimated cost at that time. As a result of
the bids and proposed bonds, the assessments are lower than
originally anticipated. The final cost presented to the Council
that would be placed to assessment is $819,878.78.
Assistant City Clerk Anderson announced that no written
protests were filed in the City Clerk's Office.
Gina May, representing her mother Giorgia Grassotti a
property owner in the area, stated she wanted to let the Council
know that her mother lives on a small railroad pension of less tha~
$6,000 per year and her share of the assessment will be approximately
$14,000 per year for 15 years and she cannot pay it. Her only
to sell the farm to pay the assessment. Mrs. May
this was not a protest against the Assessment
alternative is
indicated that
District.
Upon
a motion by Councilman Barton, the public portion
of the hearing was closed for Council deliberation and action.
Mr. McFarlin stated the resolution pertaining to the
bond proposal (No. 94-82), has been modified to include an addi-
tional section approving the Official Statements, which is a
disclosure document that the underwriter prepared for selling the
bonds.
The following six resolutions were adopted in one motion:
Upon a motion by Councilman Barton, Resolution No. 90-82
of the City Council ordering certain changes and modifications to
the Engineer's "Report" in a Special Assessment District, was
adopted by the following roll call vote
Ayes: Councilmen Means, Payne, Ratty Rockoff, Strong, Barton,
Christensen
Noes: None
Absent: None
Bakersfield, California, August 18, 1982 - Page 40
399
Upon a motion by Councilman Barton, Resolution No. 91-82
of the City Council overruling and denying protests and making
certain findings in a Special Assessment District, was adopted by
the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton,
Christensen
Noes: None
Absent: None
Upon a motion by Councilman Barton, Resolution No. 92-82
of the City Council finding and determining that the public interest,
convenience and necessity require certain acquisitions and improve-
ments, and that the "Special Assessment Investigation, Limitation
and Majority Protest Act of 1931" shall not apply, was adopted by
the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton,
Christensen
Noes: None
Absent: None
Upon a motion by Councilman Barton, Resolution No. 93-82
City Council approving agreement for Water Facility installa-
of the
tion
roll
Ayes:
and authorizing execution thereof,
call vote:
Councilmen Means, Payne, Ratty,
Christensen
Noes: None
Absent: None
Upon a motion by Councilman Barton,
of the City Council confirming the assessment,
ments made, together with appurtenances,
was adopted by the following
Rockoff, Strong, Barton,
Report,
Ayes
Noes
Absent:
was adopted by the following roll call vote:
Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton,
Christensen
None
None
Resolution No.
ordering the
94-82
improve-
and approving the Engineer's
4OO
Bakersfield, California, August 18, 1982 - Page
Upon a motion by Councilman Barton, Resolution No. 95-82
of the City Council approving Bond Purchase Agreement for sale of
Bonds, and providing for the establishment of a Redemption Fund
for the payment of said Bonds, was adopted by the following roll
call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton,
Christensen
Noes: None
Absent: None
This is the time set for public hearing before the Counci2
for hearing report of Building Official specifying work done, cost
of work and description of property upon which Dangerous Buildings
have been demolished and hearing protests or objections thereto.
This hearing has been duly advertised and the property
owners notified as required by law.
A letter of protest was filed by Rex R. Mull, Attorney,
for the property located at 612 Jackson Street.
City Attorney Oberholzer stated a title search was done
on the property located at 612 Jackson Street. The title report
from First American Title Insurance shows the interest in that
property is vested in a James Smith and not Rex Mul~. There will
be a $125.00 added to the incidental costs on the property located
at 612 Jackson Street.
Building Director Bidwell outlined the Dangerous Building
Demolition Program.
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Rockoff, Resolution No. 96-82
of the Council of the City of Bakersfield confirming the report of
the Building Director re Assessments of certain properties in the
Bakersfield, California, August 18, 1982 - Page 42
401
City
following roll call vote:
Ayes: Councilmen Means,
for demolition of Dangerous Buildings, was adopted by the
Payne,
Christensen
Noes: None
Absent: None
This is
Ratty, Rockoff, Strong, Barton,
Noes:
Absent:
Councilmen Means, Payne, Ratty,
Christensen
None
None
Rockoff, Strong, Barton,
vote:
Ayes:
the time set for public hearing before the Council
on the 1982 Weed Abatement Program.
The property owners were duly notified by certified mail.
Director of Fire and Development Services Needham stated
two parcels of property in the City have been causing a problem as
far as the abatement of weeds is concerned. All methods of com-
munication were tried. Using the ordinance to abate weeds is a
last resort and has not been required for several years. With the
aid of a map, Chief Needham pointed out the location of the two
parcels. The action tonight is only to order the weeds abated by
the Fire Department. At this point the abatement costs have not
been determined, because the contractor has not been hired.
~ayor Shel~ declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Barton, Resolution No. 97-82
of the Council of the City of Bakersfield finding that certain
Weeds growing on properties in the City of Bakersfield constitute
a public nuisance and directing the Chief of the Fire Department
to abate such nuisance, was adopted by the following roll call
40'2
Bakersfield, California, August 18, 1982 - Page 43
Public hearing on a proposed amendment to the City of
Bakersfield's Alarm Ordinance, which if adopted, would require
alarm users to pay service fees and fees for costs of responding
to false alarms in excess of stated minimums and would make
procedural changes relating to issuance of licenses, permits and
appeals from revocations of permits, was canceled and will be
rescheduled at another time.
Mayor Shell declared a brief recess at 1:10 A.M. and
the meeting was reconvened at 1:20 A.M.
Upon a motion by Councilman Barton, New Business was
advanced on the Agenda to be considered at this time.
NEW BUSINESS
Adoption of Ordinance No. 2771 New
Series levying upon the full taxable
value of the taxable property in the
City of Bakersfield, except that area
known as the Rio Bravo Annexation, a
percentage rate of taxation upon each
dollar of valuation for the Fiscal
Year beginning July l, 1982, and
ending June 30, 1983.
This ordinance represents the Property Tax levies for
the 1982-83 Fiscal Year for the outstanding general obligation
bond issues of the City of Bakersfield (1966 Municipal Improvement
Bonds, Series and Series B).
Upon a motion by Councilman Barton, Ordinance No. 2771
New Series levying upon the full taxable value of the taxable
property in the City of Bakersfield, except that area known as the
Rio Bravo Annexation, a percentage rate of taxation upon each dollar
of valuation for the Fiscal Year beginning July l, 1982, and ending
June 30,
Ayes:
Noes:
Absent:
Abstaining:
1983, was adopted by the following roll call vote:
Councilmen Means, Payne, Ratty, Rockoff, Strong,
Barton
None
None
Councilman Christensen
Bakersfield, Cali£ornia, August 18, 1982 - Page 44
403
First reading of an Ordinance of the
City of Bakersfield creating a Historic
Preservation Commission and establishing
rules and regulations governing the
designation, preservation and perpetua-
tion of Historical and Scenic Properties.
First reading was considered given an Ordinance of the
City of Bakersfield creating a Historic Preservation Commission
and establishing rules and regulations governing the designation,
preservation and perpetuation of Historical and Scenic Properties.
Referral of an Emergency Ordinance of
the Council of the City of Bakersfield
amending Sections 17.04.360, 17.24.020
B.19. and 17.24.020 B.33. and adding
Sections 17.04.700, 17.28.020 B.33.,
17.28.030 N. and 17.30.030 (28)
relative to Storage of Disabled
Wrecked or Impounded Vehicles.
This proposed Emergency Ordinance is intended to eliminate
potential inequities in the new Zoning Ordinance discovered as a
result of problems encountered with the definition of "Junk Yard."
The proposed ordinance provides a breakdown of classifications
presently included under the definition of "Junk Yard" and allows
certain currently prohibited uses in zones other than M-2.
Councilman Payne stated he would like this proposed
ordinance amended to allow the storage of wrecked and disabled
vehicles a permitted use in an ~-1 Zone or eliminate the Conditional
Use Permit requirement.
City Attorney Oberholzer stated prior to submitting the
proposed ordinance to the Planning Commission it would be revised
to allow an Impound Yard a permitted use in an M-1 Zone, without
any restrictions on distances to residential property.
Upon a motion by
of the Council of the City
17.04.360, 17.24.020 B.19.
17.04.700, 17.28.020 B.33.,
Councilman Payne, Emergency Ordinance
of Bakersfield amending Sections
and 17.24.020 B.33. and adding Sections
17.28.030 N. and 17.30.030 (28) relative
to Storage of Disabled, Wrecked or Impounded Vehicles, as revised
according to the wording as stipulated by the City Attorney, was
4O4
Bakersfield, California, August 18, 1982 - Page 45
Ayes:
Noes:
Absent:
referred to the Planning Commission for public hearing and recom-
mendation back to the Council, by the following roll call vote:
Councilmen Payne, Ratty, Rockoff, Barton
Councilmen Means, Strong, Christensen
None
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
located at 5101 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 Central
Federal Savings and Loan 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 4,500 square foot,
one story, savings and loan building, and a 41,800 square foot,
two story, general office building with 183 parking spaces to be
provided for both structures.
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, located at 5101
Ming Avenue, approving the Preliminary Development Plan and making
findings in connection with P.C.D. Zone.
(Further discussion on this item on Page 46 of the minutes.)
Approval of Amendment to Agreement
No. 82-10 between the City of Bakers-
field and Vons Realty Company for
Conditional Zoning.
This amendment extends the completion date for Agreement
No. 82-10 by two months, until September 30, 1982. P. G. & E.,not
Vons, has been responsible for the delay as P. G. & E. must re-
locate a power pole before other work on Real Road can be done.
Bakersfield, California, August 18, 1982 - Page 46
405
The improvements have been required by the City in connection with
a zone change.
Upon a motion by Councilman Barton, Amendment to Agreement
No. 82-10 between the City of Bakersfield and Vons Realty Company
for Conditional Zoning, was
to execute same.
Councilman Barton
zoning from R-1-CH to P.C.D.
approved and the Mayor was authorized
stated the ordinance changing the
on property located at 5101 Ming
Avenue, requires only 183 parking spaces and that is below the
zoning requirement.
Mr. Gary Milburn, Architect on the project, stated the
figures the Council have were based on the Preliminary Site Plan,
and since that time they have been refined to a great extent.
198 parking spaces are being provided and only 196 are
Currently
required.
Councilman Barton requested that the ordinance changing
the zoning from R-1-CH to P.C.D. on property located at 5101 Ming
Avenue be amended to show that 196 parking spaces are required,
instead of 183.
Approval of Lease Agreement between
the City of Bakersfield and County of
Kern for City-owned property at 1611
"S" Street.
The County proposes to lease the property for the storage
of maintenance vehicles in addition to providing off-street parking
for the nearby County Maintenance Facility. An independent
appraisal of the property indicates a fair rental value of $765.00
per month. However, since the County of Kern provides services
and benefits to City and County residents, and in light of the
property being leased to the County for the good and welfare of
the general public, a monthly rent of $650.00 is recommended.
Upon a motion by Councilman Means, Lease Agreement betwec. n
the City of Bakersfield and County of Kern for City-owned property
at 1611 "S" Street, was approved and the Mayor was authorized to
execute same.
406
Bakersfield, California, August 18, 1982 - Page 47
Approval of Agreement with Warren
Host Bakersfield Partners for water
service from the City's Fairhaven
Water System to the Hilton Inn.
The Hilton Inn is constructing additional room accom-
modations and is being required to update their fire flows from
1,000 to 3,000 gallons per minute (gpm). They have requested
service from the City's Fairhaven Water System to provide the
extra fire flow capacity. In lieu of Availability Fees, the Hiltor~
Inn is willing to exchange their 1,000 gpm well and 40,000 gallon
water storage system. Stetson Engineers reviewed the well facilities
and recommend acquisition to backup and supplement the existing
Fairhaven Well and Storage Facility. This agreement provides the
Hilton Inn with water for domestic and fire protection purposes,
in exchange for title to the water well and related facilities at
the southwest corner of their property. The City is responsible
for connecting the well to the Fairhaven System while maintaining
service to the Hilton Inn. The Hilton Inn is responsible for
installing all new services and mains as required for their new
expansion project. The Fairhaven Budget contains $18,700 for
connection of the well facilities to the Fairhaven System.
Upon a motion by Councilman Barton, Agreement with Western
Host Bakersfield Partners for water service from the City's Fair-
haven Water System to the Hilton Inn, was approved and the Mayor
was authorized to execute same.
Approval of Agreement between the
City of Bakersfield and Tenneco
Realty Development Corporation pro-
viding a 2.7 acre park site in the
Amberton Area to the City and giving
Tenneco the right to discharge drainage
waters into a 1.7 acre drainage basin
to be constructed by Tenneco on the
north side of Truxtun Avenue, east of
Mohawk Street.
The City would benefit by receiving a park site that is
valued at $125,000 to $150,000. The value of the drainage basin
site is $5,000 to $7,500. Tenneco would save $65,500 in storm
drain construction costs by using the Truxtun Avenue drainage basin
Bakersfield, California, August 18, 1982 - Page 48
4O7
site instead of an alternate drainage basin located south of the
Carrier Canal.
The Public Works Department and City Attorney's Office
reviewed the agreement and recommend approval provided a Park
Maintenance District is adopted for the proposed park site.
Upon a motion by Councilman Means, Agreement between
the City of Bakersfield and Tenneco Realty Development Corporation
providing a 2.7 acre park site in the Amberton Area to the City
and giving Tenneco the right to discharge drainage waters into a
acre drainage basin to be constructed by Tenneco on the north
side of Truxtun Avenue, east of Mohawk Street, was approved and
the Mayor was authorized to execute same.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 199 to 383,
inclusive, in the amount of $370,309.65.
(b)
Claim for Damages from John Craig Meier,
P.O. Box 304, Columbia, California.
(Refer to City Attorney)
(c)
Claim for Damages from Julian Contreras,
1013 Grace Street, #C, Bakersfield.
(Refer to City Attorney)
(d)
Claim for Damages and Personal Injuries
from Patsy Ladd, 3604 "K" Street, Bakers-
field. (Refer to City Attorney)
(e)
Claim for Damages from Dennis Clayton
Fidler and Rebecca Lynn Fidler, 3417
Juniper Ridge Road, Bakersfield. (Refer
to City Attorney)
(f)
Claim for Damages from Joseph W. McFadden
and Joseph M. Newton, DBA Diamond Oaks
Construction Company, 2421 Haley Street,
Bakersfield. (Refer to City Attorney)
(g)
Quitclaim Deed from Tenneco Realty
Development Corporation to the City of
Bakersfield and from the City of Bakers-
field to Tenneco Realty Development
Corporation providing for an adjustment
in the south right-of-way line of Truxtun
Avenue between 2,800 feet west and 1,800
feet east of Mohawk Street to match
existing roadway.
408
Bakersfield, California, August 18, 1982 - Page 49
(h)
(i)
(J)
(k)
(1)
(m)
(n)
(o)
(p)
(q)
(r)
Map of Tract No. 4557 and Improvement
Agreement with the Bakersfield Division
of U. S. Home Corporation for construction
of improvements therein, located on the
southeast corner of New Stine Road and
Hahn Avenue.
Improvement Agreement for Parcel Map No.
6550 with Stockdale Partners for con-
struction of improvements required by the
Planning Commission, located on north side
of District Boulevard, east of the Stine
Canal.
Notices of Completion and Acceptance of
Work on the following:
Construction of Multi-Purpose Building at
University Park, Contract No. 82-14 with
Valley Steel Construction.
Parcel Map No. 5793, Contract No. 81-122
with Orange Coast Developers, located at
northeast corner of Union Avenue and Watts
Drive.
Notice of Completion and Acceptance of
Work on Drilling and Construction of
Observation Wells in "2,800 Acres"
Spreading Ground, Contract No. 82-84
with Layne-Western Company, Inc.
Application for Encroachment Permit from
Frank Vanderhoofven, 904 Nicki Court,
Bakersfield, for construction of a 4 foot
high masonry and wrought iron fence along
back of sidewalk at 904 Nicki Court.
Plans and Specifications for resurfacing
Elm Street, 24th Street northerly; 21st
Street, Oak Street to "F" Street; and "F"
Street, Truxtun Avenue to 21st Street.
Plans and Specifications for construction
of Wastewater Treatment Plant No. 3
Interim Effluent Discharge System,
Plans and Specifications for Montclair
Storm Drain.
Plans and Specifications for resurfacing
portions of Gosford Road, Ming Avenue and
paving Ashe Road Medians.
Plans and Specifications for Drainage
Improvements in Kingsland Avenue and
Bernard Retention Basin.
Contract Change Order No. 1 to Contract
No. 82-117 with A. C. Electric Company
for Traffic Signal Modifications at the
intersections of Columbus and Oswell
Streets, Mr. Vernon Avenue and Columbus
Street and Ming Avenue and Wible Road.
(Continued on next page)
Bakersfield, California, August 18, 1982 - Page 50
409
(r)
This Change Order is necessary to replace
existing 400 watt mercury vapor luminaires
at the intersection of Ming Avenue and
Wible Road with new, energy efficient 200
watt H.P.S. ltuninaires. The cost of the
change is $1,600.00. The total contract
price, as a result of the Change Order,
is $41,700.00, and is within the total
amount budgeted for the project.
(s)
First Amendment to Pipeline License Agree-
ment No. 81-108 between the City of
Bakersfield and Independent Valley Energy
Company and First Amendment to Memorandum
of that Agreement redescribing the route
of the pipeline across the City's Sewer
Farm at Sewage Treatment Plant No. 3.
The new route involves a minor deviation
from the originally intended route.
(t)
Request from Industrial Venture for extension
of time to complete improvements in Parcel
Map No. 6023, Agreement No. 81-86, located
on south side of Planz Road east of Union
Avenue. Completion date for this Parcel
Map was July l, 1982. The revised com-
pletion date is July l, 1983.
(u)
Request from Dean A. Gay Real Estate and
Development on behalf of Joe Mooney for a
General Plan Amendment for commercial and
professional office use of property
located on the northwest corner of 11th
and "K" Streets. (Refer to Planning
Commission for study and recommendation
(v)
Resolution of Intention No. 957 of the
Council of the City of Bakersfield
declaring its intention to order the
vacation of a Public Utility Easement
within Block i of Tract 1472, north of
30th Street, in the City of Bakersfield
and setting Wednesday, September 15, 1982,
for hearing on the matter before the
Council.
(w)
Resolution of Intention No. 958 of the
Council of the City of Bakersfield
declaring its intention to order the
vacation of a portion of Brown Street
in the City of Bakersfield, and setting
Wednesday, September 15, 1982, for
hearing on the matter before the Council.
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(q), (r), (s), (t), (u), (v) and (w) of the Consent Calendar, were
adopted by the following roll call vote
Ayes:
Councilmen Means, Payne, Ratty Rockoff, Strong, Barton,
Christensen
Noes: None
Absent: None
410
Bakersfield, California, August 18, 1982 - Page 51
ACTION ON BIDS
Upon a motion by Councilman Payne, low base bid plus
Alternate B of M-D Construction, in the amount of $265,750.75, for
construction of Landfair, Stonepine and Sundale Storm Drain Modifi-
cations, was accepted, all other bids rejected and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Payne, all bids for construc-
tion of Training Classroom at City of Bakersfield Fire Department
Station No. l, were rejected and the Finance Operations Manager
was authorized to rebid the project.
Upon a motion by Councilman Rockoff, low bid of Graybar
Electric, in the amount of $46,767.20, for Cobra Head Ballasts and
Sodium Lamps for Public Works Department, was accepted and all
other bids rejected.
Upon a motion by Councilman Christensen, low bid of
Deifel's House of Color, in the amount of $8,236.20, for Annual
Contract for Paint Supplies, was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2772 New
Series of the Council of the City of
Bakersfield adding Section 2.92.330
C. to Chapter 2.92 of the Bakersfield
Municipal Code relative to Fire
Department Relief and Pensions.
Upon a motion by Councilman Barton, Ordinance No. 2772
New Series of the Council of the City of Bakersfield adding Section
2.92.330 C. to Chapter 2.92 of the Bakersfield Municipal Code
relative to Fire Department Relief and Pensions, was adopted by
the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty,
Christensen
Noes: None
Absent: None
Rockoff, Strong, Barton,
Bakersfield, California, August iS, 1982 - Page 51a
410A
Adoption of Ordinance No. 2773 New
Series of the Council of the City of
Bakersfield amending Section 17.04.330
J. of the Bakersfield ~unicipal Code
relative to IIome Occupation.
Upon a motion by Councilman ~.~eans, Ordinance No. 2773
New Series of the Council of the City of Bakersfield amending
Section 17.04.330 J. of the Bakersfield Municipal Code relative to
I~ome Occupation, was adopted by the following roll call vote:
Ayes Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton,
Christensen
Noes None
Absent: None
Bakersfield, Cali£ornia, August 18, 1982 - Page 52
411
Deferral of action on an Ordinance
of the Council of the City of Bakers-
field amending Sections 17.53.060 D.3.
and 17.53.060 I. o£ the Bakersfield
Municipal Code relative to Site Plan
Review.
Councilman Rockoff stated he objects to Item 1.1., Appeal
Process, contained in this ordinance. One of the reasons the
Council has been here so late tonight is dealing with Impound-Junk
Yards. Had there not been a Site Plan Review the error in the
ordinance would not have come up. The purpose of Section 1.1. is
to eliminate the right to appeal a Site Plan Review in a Class "B"
or "C" project and he does not believe this was the intent. The
applicant is allowed to appeal, but not the surrounding property
owners who might be affected.
Upon a motion by Councilman Rockoff, action on an Ordinance
of the Council of the City of Bakersfield amending Sections ~7.53.060
D.3. and 17.53.060 I. of the Bakersfield Municipal Code relative to
Site Plan Review, was deferred until the Council Meeting of September
l, 1982.
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 south of Planz
Road, west of Madison Avenue.
This amendment was initiated by the Planning Commission
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.
Councilman Barton made a motion
and Ordinance amending Title Seventeen of
to adopt Negative Declaration
the Municipal Code of the
City of Bakersfield by changing the Land Use Zoning of that certain
property in the City of Bakersfield located south of Planz Road,
west of Madison Avenue, finding said zoning consistent with the
General Plan.
Bakersfield, California, August 18, 1982 - Page 53
made in
future.
Councilman Rockoff stated he believes that the Council
is doing the same thing as the Impound-Junk Yard issue, where
is being placed next to M-1 property. Some mistakes have been
the past, but they should not continue to be made in the
Councilman Rockoff offered a substitute motion that
action on an Ordinance amending Title Seventeen of the Municipa~
Code of the City of Bakersfield by changing the Land Use Zoning
of that certain property in the City of Bakersfield located south
of Planz Road, west of Madison Avenue, be deferred until the Council
Meeting of September 1, 1982. This motion was approved with Council-
man Barton voting in the negative.
Adoption of Ordinance No. 2774 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 west side of Gosford Road,
between Stockdale Highway and Ming
Avenue.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject property
from an "A" (Agricultural) Zone to an R-2 (Limited Multiple Family
Dwelling) and O-S (Open Spa~e) Zone.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2774 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 west side of Gosford Road, between Stockdale Highway and
Ming Avenue, finding said zonings consistent with the General Plan,
were adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Payne, Ratty,
Christensen
None
Councilman Means
Rockoff, Strong, Barton,
Bakersfield, California, August 18, 1982 - Page 54
413
Councilman Barton suggested, because it is very unfair
to the public for Council Meetings to go past midnight or later
and people leave, that if the Agenda is not concluded by midnight
that arrangements be made to continue the meeting to the following
night.
Councilman Rockoff stated
Council ~leetings start earlier.
up at
return to weekly meetings or split
morningsand evenings on Wednesdays,
to that effect.
it has been suggested that the
Councilman Barton stated he plans to bring this subject
the Council Meeting of September 1, 1982.
Councilman Christensen made a motion that the Council
the meetings and meet in the
and an ordinance be drafted
City Manager Kelmar stated that one of the problems is
that during the summer months the Council meets only two times a
month and hearings have been held at one of those meetings. The
proposed meeting schedule, which will be in the next packets, shows
meetings every other week and one meeting a month strictly for
hearings.
Councilman Christensen's motion that the Council return
to weekly meetings or split the meetings and meet in the mornings
and evenings on Wednesdays, and an ordinance be drafted to that
effect, failed to carry with Councilmen Payne, Ratty, Rockoff,
Strong and Barton voting in ~e negative. Councilman Means was
absent.
Councilman Christensen made a motion that if meetings are
not concluded by midnight a half hour recess be declared and the
City serve coffee and donuts. This motion failed to carry with
Councilmen Ratty, Rockoff, Strong and Barton voting in the negative.
Councilman Means was absent.
ADJOURNMENT
There being no further business to come before the
Bakersfield, California, August 18, 1982 - Page 55
Council, upon a motion by Councilman Barton, the meeting was
adjourned at 1:55 A.M.
MAYOR City of Bakersfield, Calif.
ATTEST:
CITY CLERg and/Ex Officio Clerk of the Council
of the City of Bakersfield, California
ma
415
Bakersfield, California, August lB, 1982
Minutes of a budget session of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 2:00 A.M., August 19, 1982.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance.
The City Clerk called the roll as follows:
Present: Mayor Shell.
Absent: None
Councilmen Strong, Barton, Christensen,
Means, Payne, Ratty, Rockoff
CLOSED SESSION
Upon a motion by Councilman Rockoff, the Council recessed
to a Closed Session at 2:01 A.M., for discussions with the City's
Labor Negotiator.
The budget session was reconvened at 2:25 A.M.
BUDGET SESSION
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 6-82 regarding Salary and
Supplemental Benefits for Blue and White Collar Units, as follows:
In compliance with the State of California's
Meyers-Milias-Brown Act, the City has con-
cluded its Annual Meet and Confer Session with
the Service Employees International Union (SEIU).
The City's negotiating team has been able to
negotiate within the guidelines as established
by the City Council in their last Executive
Session.
Meet and Confer Sessions with the Police, Fire
and Fire Supervisory Units will continue, and
hopefully a settlement will be forthcoming in
the near future. Consulting Sessions with the
Police Supervisory Unit will also continue.
In the interim, the Governmental Efficiency
and Personnel Committee is making the following
recommendations for Council approval:
BLUE AND WHITE COLLAR UNITS
A 5% salary increase effective July 12,
1982 (Retroactivity applies to current
employees as of date of Council approval.)
No change in contribution for health
insurance. City will reimburse employees
for additional health insurance premiums
withheld from their pay prior to Council
4_16
Bakersfield, California, August 18, 1982 - Page 2
approval of the settlement with these units.
(Once settlement is reached with all bar-
gaining units, the medical plan deductible
will be modified to $150 per year and will
be extended to include hospitalization.)
City to provide up to $150 tool allowance
annually to Trades Assistants who maintain
and supply designated tools on the job.
4 o
Standby pay to be paid at same rate and
under same conditions as Police Safety Unit.
The number of holidays for Fiscal Year
1982-83 will remain the same as last year,
however, the Fridays before Christmas and
New Year's will be full day holidays and
Lincoln's Birthday, Saturday, February 12,
will be exchanged for Friday, February 11.
One additional floating holiday in exchange
for the half day holidays before Christmas
and New Year's effective July 1, 1982.
o
Uniform allowance for Police Department
nonsafety employees required to wear uniforms
increased from $150 annually to $250 annually
with patches and chevrons furnished by City.
The total annual cost for the Blue and White
Collar employees is $470,000. These costs are
within the 5% increase authorized by the City
Council.
In order to implement these changes, the Govern-
mental Efficiency and Personnel Committee is
recommending Council approval of this report.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 6-82 regarding Salary and Supple-
mental Benefits for Blue and White Collar Units, was accepted; and
recommendations as outlined in the report, were approved.
RECESS
Upon a motion by Councilman Barton, the Council recessed
its budget session at 2:35 A.M., until a report is received from
the Governmental Efficiency and Personnel Committee regarding Meet
and Confer Sessions with the remaining Employee Units.
A~YO~ )f Bakersfield, Calif.
ATTEST:
CITY · ~ '
of the City of Bakersfield, California
Council
ma
417
Bakersfield, California, September l, 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., September l, 1982.
The meeting was called to order by Mayor Shell, £ol~owed
by the Pledge of Allegiance and Invocation by Mayor Shell.
The City Clerk called the roll as follows:
Present: Mayor Shell.
Absent: None
Councilmen Payne, Ratty, Rockoff, Strong,
Barton, Christensen, Means
Minutes of the regular meeting of August 18, 1982, and
budget session of August 18, 1982, were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Gordon B. Bleil, Senior Vice-President of American
National Bank, 1325 19th Street, stated a controversy has come
up over the use of the Electronic Sign at the Civic Auditorium.
American National Bank was not allowed to place a message on the
sign, because it was an event held at a location other than the
Civic Auditorium and it was felt it would confuse the public. The
American National Bank and Bakersfield Californian donated the sign
with the understanding that several minutes, several times a day,
would be reserved for their advertising. Mr. Bleil requested that
the intent of the use of the sign be clarified, and an understanding
be reached that Auditorium Manager Graviss not be held accountable
for the messages placed on it by the American National Bank and
Bakersfield Californian.
Upon a motion by Councilman Barton, controversy regarding
the use of the Electronic Sign at the Civic Auditorium, was referred
to the Auditorium-Recreation Committee for study and recommendation.
Mr. Bob Johnson, representing the Bakersfield Californian,
stated they would also like a clarification on the use of the
Electronic Sign at the Civic Auditorium. They have not been allowed
to put several public service messages on the sign and feel there
is some confusion over the use of it by the donors.
Bakersfield, California, September l, 1982 - Page 2
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from Roger E. Wilde, 2517 Buena Vista, dated August 18, 1982,
expressing his support of the Kern River Plan, was received and
referred to the Water and City Growth Committee.
Upon a motion by Councilman Rockoff, communication from
the Kern County Builders' Exchange, Inc., dated August 30, 1982,
expressing their support of an Ordinance on tonight's Agenda
regarding Site Plan Review, was received and ordered placed on
file.
Upon a motion by Councilman Rockoff, communication from
Ru£ener's Drug Stores, dated August 27, 1982, expressing their
opposition to the use of bond monies to help private developers
fund commercial shopping centers, was received and referred to the
Budget Review and Finance Committee.
Upon a motion by Councilman Christensen, communication
from Joyce Gardenhire, 2001 Belle Terrace, dated August 31, 1982,
expressing opposition to the Electronic Sign at the Civic Auditori~Lm,
was received and ordered placed on file.
COUNCIL STATEMENTS
Councilman Barton stated that due to the length of the
Council Meetings and public inconvenience, he would make a motion
that first reading be considered given an Ordinance changing the
time of Council Meetings from 8:00 P.M. to 6:00 P.M., with the
pre-meeting to start at 6:00 P.M. and then go directly into the
regular meeting and Schedule of Meetings, as submitted by the City
Manager for the months of October, 1982 through March, 1983, be
approved.
Councilman Strong stated he felt 6:00 P.M. would not
allow enough time for the public to attend and suggested that the
meetings be changed to start at 7:00 P.M., with the pre-meeting at
6:45 P.M.
Bakersfield, California, September l, 1982 - Page 3
419
Councilman Rockoff stated he felt 7:00 P.M. was more
reasonable for the public's and Council's convenience.
Councilman Means offered a substitute motion that first
reading be considered given an Ordinance changing the time of
Council Meetings from 8:00 P.M. to 7:00 P.M., with the pre-meeting
at 6:45 P.M.
In answer to a question by Councilman Payne, City Manage~?
Ke~mar stated Workshop Sessions would also have to be changed to
begin at 6:00 P.M., rather than 7:00 P.M.
Councilman Means' substitute motion that first reading
be considered given an Ordinance changing the time of Council
Meetings from 8:00 P.M. to 7:00 P.M., with pre-meetings at 6:45 P.M.,
carried by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Christensen,
Means
Noes: Councilman Barton
Absent: None
Councilman Christensen made a motion that Council Meetings
be stopped at 12:00 Midnight, unless there is an extreme emergency.
Councilman Payne stated he feels stopping meetings at
midnight would cause public inconvenience, especially for people
who have been waiting for an item on the agenda.
Councilman Rockoff stated he favors the curfew, if hearings
were scheduled earlier in the meeting.
In answer to a question by Councilman Rockoff, City
Attorney Oberholzer stated the order of business for Council
Meetings is set by ordinance and it would require adoption of an
amending ordinance to change it.
Councilman Christensen's motion that Council Meetings be
stopped at 12:00 Midnight, unless there is an extreme emergency,
failed to carry by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Rockoff, Christensen
Councilmen Payne, Ratty, Strong, Barton, Means
None
420
Bakersfield, California, September l, 1982 - Page 4
Mr. Terry Moreland stated Physician's Plaza, a $10,000,000
construction project containing approximately 8 acres of land, is
being developed into a medical facility. They have requested that
the map be recorded and all requirements have been met, except the
cable television portion. They have not been able to secure a
contract or estimate from Warner Cable in order to pay them or bond
that part of the requirement. Mr. Moreland requested that the
Council allow the Parcel Map to be recorded so their funding will
become effective, and also indicated cable tv will not be used,
because it is a medical facility. Mr. Moreland stated Warner Cable
has had their plans since the beginning of the project.
City Attorney Oberholzer stated the purpose of the
tentative and final map is to make sure certain improvements are
put in prior to recording the final map. There is a provision,
within the Subdivision Map Act, that allows subdividers to bond or
place on deposit with the local governmental agency the appropriate~
funds necessary to provide those services, if they cannot be provided
in a timely manner. It is not uncommon to bond for improvements
upon filing of the final map.
Mr. Moreland stated they would be willing to do that,
and that is the reason he is here tonight. Warner Cable will not
given them a figure so they can bond for it, and that is the problem.
Director of Public Works Hawley stated his staff could
meet with the cable tv company and find out where their lines are
and come up with an estimate.
Councilman Payne asked if the £inal parcel map can be
filed, if an agreement is reached between all parties, without
further Council action.
City Attorney Oberholzer stated no, and the Council
cannot act until certification is received from the City Engineer
that the requirements have been met in accordance with the Sub-
division Map Act.
Bakersfield, California, September l, 1982 - Page 5
421
In answer to questions by Councilman Payne, Director of
Public Works Hawley stated he was not aware of this problem until
tonight, does not know what the status of the subdivision is and
has not reviewed all the documents. The City Engineer's Office
will do everything possible to come up with an acceptable estimate
for bond purposes within the necessary time frame.
Mr. Moreland indicated that would meet his needs and
thanked the Council and staff.
Councilman Barton requested that the Director of Public
Works check into this type of problem and see if an arrangement
can be made to prevent it happening in the future.
Councilman Means made a motion that the staff be authorized
to obtain the necessary services of a consultant to proceed with
taking whatever action necessary to fight the Zone of Benefit No.
1 Tax.
In answer to a question by Councilman Ratty, Councilman
Means stated before Mr. Stetson or Mr. Hatch, City's Water
Consultants, can make an analysis of the Zone of Benefit No. 1
Study, that the Kern County Water Agency will be releasing, and
in order to pursue it at the Board of Supervisors' or Kern County
Water Agency's level, Council authorization is needed.
City Manager Kelmar stated the report is not completed
at this time and Council authorization is needed before funds can
be expended to have the report analyzed by the City's consultants.
Councilman Ratty stated the expenditure of a large amount
of funds for an analysis of the Zone of Benefit No. i Study to
bring a lawsuit was not his intention when he voted for the Advisory
Election. It was only to let people vote on it and pass the
results of the vote onto the Board of Supervisors. He felt the
Council should adopt a resolution to pass the results o£ the
Advisory Election to the Board of Supervisors and Kern County
Water Agency.
422
Bakersfield, California, September 1, 1982 - Page 6
Councilman Rockoff stated he felt it was premature to
authorize the expenditure of funds for an analysis of the study
on the Zone of Benefit No. i Tax, until the results of that study
are known.
City Manager Kelmar stated, if the Council wants the
study analyzed, time is very critical. If the Council waits until
September 15th, which is the next Council Meeting date, the
consultants will lose that critical time.
Councilman Means' motion that the staff be authorized to
obtain the necessary services of a consultant to proceed with
taking whatever action necessary to fight the Zone of Benefit No. 1
Tax, failed to carry by the following roll call vote:
Ayes: Councilmen Christensen, Means
Noes: Councilmen Payne, Ratty, Rockoff, Barton
Absent: None
Abstaining: Councilman Strong
Councilman Means asked if the Council wants to pursue
the matter any further or not.
Councilman Strong stated he agrees with Councilman Rockoff,
anything the Council does to authorize an analysis of the study
without some indication as to cost would be like writing a blank
check. The Council is interested in an analysis of the study, but
the cost should be known first.
City Manager Kelmar stated if the study is released in
the next few days, the City's consultants could be requested to
review it, and, hopefully, at the next Council Meeting an estimate
of the cost of an analysis could be made.
City Attorney Oberholzer stated it would be difficult
for the City to pursue this without the consultants beginning the
review process soon, in order to make an appearance at the Kern
County Water Agency to object to the tax.
City Manager Kelmar stated he understands the consultants
were to meet yesterday to finalize the study and it is hoped it
Bakersf±eld, Cal±fornia, September l, 2982 - Page 7
will be made public the latter part of this week. Public hearings
will begin September 9th, to submit the results of the study to
the public. After that weekly hearings will be held for public
input.
City Attorney Oberholzer stated hearings on the Zone o£
Benefit No. I Tax are normally held in September and October.
Councilman Means made a motion that staff be authorized
to request the consultants to begin an analysis of the Zone of
Benefit No. i Tax Study, not to exceed $4,000 between now and the
next two weeks, and a more definite cost estimate be submitted at
the Council Meeting of September 15, 1982.
Councilman Rockoff stated he was originally opposed to
the Advisory Election until after the study was completed. He
felt there was no basis for people to make up their minds, as to
voting yes or no, unless they had information to base their vote
on, other than the emotionalism of not wanting to pay a tax. He
feels the results of the election were based upon their feeling
that they did not want to pay a tax and that is the expression the
Council should forward to the Kern County Water Agency and Board of
Supervisors. That is what the Council owes the voters of the City.
The people or groups who wish to state their feelings, pro or con,
can appear at the public hearings before the Kern County Water
Agency and Board of Supervisors. Nothing will be gained by the
City spending additional funds to reanalyze the analysis.
Adoption of Resolution No. 98-82 of
the Council of the City of Bakers-
field advising the Kern County Board
of Supervisors and Kern County Water
Agency of the results of the Advisory
Election held June 8, 1982, on the
Zone of Benefit No. i Assessment.
Councilman Ratty made a motion to adopt Resolution No.
98-82 of the Council of the City of Bakersfield advising the Kern
County Board of Supervisors and Kern County Water Agency of the
results of the Advisory Election held June 8, 1982, on the Zone of
Benefit No. 1 Assessment.
424
Bakersfield, California, September 1, 1982 - Page 8
Councilman Means stated the original discussion on this
matter made it very clear that the ballot measure would ask "shall
the City take every action to stop the Zone I Water Tax." The
ballot measure did not state that the Council would send a little
"please note" over to the Board of Supervisors and Kern County
Water Agency. The Council voted to put on the ballot that the
City would take every method to stop that Zone Tax, and it was
passed 2 to 1 that the Council should do that. It would be
irresponsible of the Council not to have some idea of how much it
will cost to bring someone in to analyze it. Councilman Means
stated he did not vote to have the City participate in the study.
He voted against it, because he was not assured the study would
be on the up and up, and he is still not convinced it will come
back with an accurate analysis. He has every reason to believe it
will not. If the Council does not authorize tonight, at least, the
beginning of an assessment of that study any option the City might
have will be lost for any further action the Council might want to
take.
In answer to a question by Councilman Means, Assistant
Water Manager Gene Bogart stated the City paid Mr. Stetson and Mr.
Hatch, City's Water Consultants, approximately $113,000 last year
for several issues pending before the Water Department.
After further discussion, Councilman Ratty's motion that
Resolution No. 98-82 of the Council of the City of Bakersfield
advising the Kern County Board of Supervisors and Kern County Water
Agency of the results of the Advisory Election held June 8, 1982,
on the Zone of Benefit No. 1 Assessment, be adopted, carried by
the following roll call vote:
Ayes Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
Noes None
Absent: None
Bakersfield, California, September l, 1982 - Page 9
425
Councilman Rockoff stated the Council appointed him to
the League of California Cities Ad Hoc Dues Committee and reported
as follows:
An Ad Hoc League Dues Committee reported that
the League is in good financial condition this
year and no changes are needed in the dues
structure or assessments at the present. They
reported that a modest dues increase may be
needed in the future and recommended that a
new Dues Committee be created next year to
evaluate the situation to assure the League is
able to continue a desirable level of member-
ship and legislative service. The League has
not had a dues increase in nine years and
enjoys only a modest natural growth due to
increased population of approximately 1½% per
year.
Upon a motion by Councilman Barton, the Fireworks
Ordinance was referred to the Business Development and Parking
Committee to study in an attempt to reduce losses due to Fireworks
and come back to the Council with a recommendation.
Mayor Shell suggested that the residents of Kern City
be notified that the Kern City No. 2 Annexation has been delayed
due to a breakdown with Kern County in the distribution of Property
Taxes between the City and County.
Upon a motion by Councilman Strong, Mayor Shell was
directed to write a letter to the Kern City Homeowners Association
advising them of the delay in the Kern City No. 2 Annexation.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 384 to 788,
inclusive, in the amount of $1,567,377.65.
(b)
Claim for Damages and Personal Injuries
from Derrell Nathaniel Bethea, 144 "T"
Street, Bakersfield. (Refer to City
Attorney)
(c)
Claim for Damages from Claudine Jasper,
1000 Casino Street, Bakersfield. (Refer
to City Attorney)
(d)
Claim for Damages from Robin J. (McClelen)
Wycuff, 3141 Monterey Street, Bakersfield.
(Refer to City Attorney)
426
Bakersfield, California, September 1, 1982 - Page 10
(d) ,
(e) ,
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(1)
(m)
(n)
(o)
Upon
(f),
Claim for Damages from Hanning-Monnat,
Inc., 1429 Stratford, Wichita, Kansas.
(Refer to City Attorney)
Claim for Damages from Donald Keith Evans,
508 South Chester Avenue, Bakersfield.
(Refer to City Attorney)
Claim for Damages and Personal Injuries
from Ernest B. Rice, 7813 Revelstoke,
Bakersfield. (Refer to City Attorney)
Road Easement from Tenneco Realty Develop-
ment Corporation providing for dedication
of Ming Avenue from Gosford Road to Old
River Road.
Street Right-o£-Way Deed from Donald and
Robert Hallisey providing for dedication
of Fairfax Road from College Avenue
northerly approximately 1,300 feet to the
southerly boundary of Tentative Tract No.
4497.
Agreement and Grant of Easement from
Trustee of California State University
providing for dedication of a portion of
Camino Media along the south 45 feet of
Cal-State Bakersfield.
Drainage Easement from Dickinson-Wadsworth
Associates as required by the Planning
Commission for Tract No. 4197, located
north of Panorama Drive, east of Fairfax
Road.
Sewer Line Easement from M.T.L. Develop-
ment Company as required for the Fairview
Assessment District (No. 81-1), located
between Pacheco Road and Panama Lane,
east of South "H" Street.
Application for Encroachment Permit from
Crisanto Perez, 615 - 6th Street, Bakers-
field, for construction of a 4 foot high
masonry and wrought iron fence 5 feet
behind curb at 615 6th Street.
Application for Encroachment Permit from
Eldon Easter, 2620 "F" Street, Bakers-
field, for construction of a building
facade extending 7 inches into the side-
walk area at 815 - 34th Street.
Plans and Specifications for resurfacing
Union Avenue, between Irene Street and
Monte Vista Drive; Manor Street, between
Panorama Drive and Denise Street; and
30th Street, between Chester Avenue and
"F" Street.
a motion by Councilman Means, Items (a), (b),
(g), (h), (i), (j), (k), (1), (m), (n)and (o)
(c),
of
427
Bakersfield, California, September 1, 1982 - Page ll
the Consent Calendar, were adopted by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Strong, bid of John Ramage,
in the amount of $62,600, for sale of surplus property located at
the southwest corner of La Costa Street and University Avenue, was
accepted and the Mayor was authorized to execute the deed.
Upon a motion by Councilman Ratty, bid of Bench Ad Company,
in the amount of $12.00 per bench per year for a total of $8,604,
was accepted and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Barton, low bids of Pacific
Safety Company (for i item), in the amount of $3,442.35, and Flashco,
Inc., (for i item), in the amount of $1,566.23, for Barricades and
Flashers, were accepted and all other bids rejected.
Upon a motion by Councilman Barton, low bid of Granite
Construction Company, in the amount of $1,972,498, for the Beardsley
and Rocky Point Diversion Weirs, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Christensen, low bid of
James G. Francis, Contractor, in the amount of $59,106, for
construction of reinforced concrete box culverts on Stockton Street
at the Eastside Canal, was accepted, all other bids rejected and
the Mayor was authorized to execute the contract.
DEFERRED BUSINESS
Referral of an Ordinance of the City
of Bakersfield creating a Historic
Preservation Commission and estab-
lishing rules and regulations
governing the designation, preser-
vation and perpetuation of Historical
and Scenic Properties.
Councilman Rockoff stated that due to the objections
received from various organizations on the mandatory requirements
428
Bakersfield, California, September 1, 1982 - Page 12
contained in this ordinance, he would make a motion that the
Ordinance of the City of Bakersfield creating a Historic Preser-
vation Commission and establishing rules and regulations governing
the designation, preservation and perpetuation of Historical and
Scenic Properties, be referred to the Water and City Growth Committee
This motion was unanimously
for further study and recommendation.
approved.
Adoption of Ordinance No. 2775 New
Series of the Council of the City of
Bakersfield amending Sections 17.53.060
D.3. and 17.53.060 I of the Bakersfield
Municipal Code relative to Site Plan
Review.
Councilman Rockoff stated he does not agree with the
appeal process as written in this ordinance and made the following
recommendations for amending the ordinance:
Appeal Class "C" Projects. There shall be
no right to appeal the decision of the Site
Plan Review Committee on a Class "C"
Project.
Appeal Class "B" Projects. The applicant
or any person asserting that his property
rights have been substantially affected
by the decision of the Site Plan Review
Committee on a Class "B" Project may,
within ten days of the date of the decision,
appeal to the City Council by filing a
written notice of appeal with the City
Clerk. The City Council shall hold a
public hearing on the appeal.
Appeal Class "A" Projects. Change the
wording from "The applicant and any person
asserting" to "The applicant or any person
asserting."
Councilman Rockoff made a motion to adopt the Ordinance
amending Sections 17.53.060 D.3. and 17.53.060 I. of the Bakers-
field Municipal Code relative to Site Plan Review, with the
amendments as read into the record.
Councilman Rockoff stated he feels eliminating the
appeal process for Class "B" Projects is completely wrong, because
they can be major projects.
Mr. Ben Phipps, Planning Commissioner and member of the
ZORAC Committee, stated he does not remember the ZORAC Committee
even discussing the appeal process and he does not know where it
429
Bakersfield, California, September 1, 1982 - Page 13
came from. Mr. Phipps then outlined the reasons he is opposed to
it, and stated he can only foresee problems of great proportions
for the City with this appeal process. Mr. Phipps recommended
that only the applicant be allowed to appeal Class "B" and "C"
Projects.
Mr. David Milazzo, Planning Commissioner and member of
the ZORAC Committee, stated there was little or no discussion in
the ZORAC Meetings on the appeal process for Class "B" and "C"
Projects. One of the solutions to this problem was the ability of
a project to move up and down the scale. A Class "C" Project that
may have a little more impact on a neighborhood could be increased
to a Class "B" Project and go before the Site Plan Review Committee,
etc. Those kinds of steps insure that projects get adequate review,
based on their scale and impact on neighborhoods. The notion of
adding an appeal process for any interested party within the City
Limits was not one of the items considered by ZORAC and he supports
eliminating it on both Class "B" and "C" Projects.
After considerable discussion, Councilman Payne offered
a substitute motion that an Ordinance of the Council of the City of
Bakersfield amending Sections 17.53.060 D.3. and 17.53.060 I. of
the Bakersfield Municipal Code relative to Site Plan Review, be
adopted as originally submitted to the Council.
Councilman Strong indicated he feels the surrounding
property owners should have the right to appeal and cannot support
the substitute motion.
After further discussion, Councilman Payne's substitute
motion to adopt Ordinance No. 2775 New Series of the Council of the
City of Bakersfield amending Sections 17.53.060 D.3. and 17.53.060
I. of the Bakersfield Municipal Code relative to Site Plan Review
as originally submitted to the Council, carried by the following
roll call vote:
Ayes:
Noes:
Absent:
Councilmen Payne, Ratty, Barton, Means
Councilmen Rockoff, Strong, Christensen
None
430
Bakersfield, California, September l, 1982 - Page 14
Mayor Shell declared a brief recess at 10:30 P.M. and
reconvened the meeting at 10:40 P.M.
Adoption of Ordinance No. 2776 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
south of Planz Road, west of Madison
Avenue.
This amendment was initiated by the Planning Commission
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.
Councilman Payne made a motion to adopt 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 south of
Planz Road, west of Madison Avenue, finding said zoning consistent
with the General Plan.
Councilman Rockoff stated he is concerned about
Zoning across the street from R-1 Zoning.
Mr. John Coy, Real Estate Broker, stated that due to the
noise factor there really is not any other zoning, other than M-l,
that the property is suitable for, unless it would be Agricultural
and that is why the Planning Commission recommended industrial.
The City no longer has the Design Overlay, which would probably
solve some of his problems, because he would like to have the extra
review process on this request. The owners and purchasers are
willing to make any concession to protect or listen to the complaints
of the residents across the street on Madison Avenue. Perhaps access
could be limited to Planz Road with none from Madison Avenue. To
the visual impact, vegetative screening, etc., could be
protect
put in.
Planning Director Sceales, with the aid of a map,
why the Planning Commission recommended M-1 Zoning on this
parcel of property.
explained
particular
Bakersfield, California, September 1, 1982 - Page 15
431
Councilman Strong stated this is a different situation
than some of the zoning the Council has been discussing the last
two meetings, and there were no protests to what is being planned.
Councilman Strong stated he is at a loss as to what other uses
could be applied to this property in light of the Airpark, and he
does not have a firm objection even though he probably will not
support the motion. He felt Mr. Coy has given all the assurance
needed and he will comply with whatever the City requires.
Planning Director Sceales stated that there is a land-
scaping requirement along Madison Avenue, across the street from
the R-1 houses.
Councilman Rockoff offered a substitute motion that 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
south of Planz Road, west of Madison Avenue, finding said zoning
consistent with the General Plan, be adopted with the condition
that prior to issuance of any Building Permit the builder first
erect a wall and vegetation to the satisfaction of the Planning
Director. After further discussion, this motion failed to carry
by the following roll call vote:
Ayes: Councilmen Rockoff, Strong, Christensen
Noes: Councilmen Payne, Ratty, Barton, Means
Absent: None
Councilman Payne's motion to adopt the Negative Declaration
and Ordinance No. 2776 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
south of Planz Road, west of Madison Avenue,
consistent
vote:
Ayes:
Noes:
Absent:
with the General Plan,
Councilmen Payne, Ratty,
carried by
finding said zoning
the following roll call
Barton, Means
Councilmen Rockoff, Strong, Christensen
None
432
Bakersfield, California, September 1, 1982 - Page 16
Adoption of Ordinance No. 2777 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, located at 5101 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 Central
Federal Savings and Loan 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 4,500 square foot,
one story, savings and loan building, and a 41,800 square foot, twc
story, general office building with 196 parking spaces to be pro-
vided for both structures.
The Planning Commission recommended approval of this
amendment.
At the request of Councilman Barton the number of parking
spaces was increased from 183 to 196.
Upon a motion by Councilman Barton, Negative Declaration
and Ordinance No. 2777 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 at 5101 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 Payne, Rockoff, Strong, Barton, Christensen,
Means
Noes: None
Absent: Councilman Ratty
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Title
17 of the Municipal Code changing
the Land Use Zoning of that certain
property in the City of Bakersfield,
commonly known as 6800 Stockdale
Highway, and making findings in
connection with a P.U.D. Zone.
Bakersfield, California, September 1, 1982 - Page 17
433
The application for this amendment was made by A1F.
Mayo and would change subject proper~y from a P.U.D. (Planned Unit
Development) Zone to a Revised P.U.D. (Planned Unit Development)
Zone, consisting of 46 two story condominium townhouses.
The Planning Commission approved the P.U.D. Zoning at
their meeting of August 5, 1982.
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 6800 Stockdale Highway, and making findings in connection with
a P.U.D. Zone.
Adoption of Resolution No. 99-82 of
the Council of the City of Bakers-
field approving the destruction of
certain obsolete City records, docu-
ments, instruments, books and papers,
pursuant to Section 34090 et seq. o£
the Government Code of the State of
California.
Periodically the Fire Department destroys certain records,
documents, etc., pursuant to California Law. These documents have
to be at least two years old and require a resolution adopted by
the Council approving the destruction and approval by the City
Attorney. The City Attorney approved the destruction of these
records and a resolution of the Council will complete the necessary
actions.
Upon a motion by Councilman Christensen, Resolution No.
99-82 of the Council of the City of Bakersfield approving the
destruction of certain obsolete City records, documents, instruments,
books and papers, pursuant to Section 34090 et seq. of the Govern-
ment Code of the State of California, was adopted by the following
roll call vote:
Ayes:
Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
434
Bakersfield, California, September 1, 1982 - Page 18
Adoption of Resolution No. 100-82 of
the Council of the City of Bakers-
field approving the Application for
Grant Funds under the 1980 California
Parklands Act for development and
improvements at Amberton, Westwold
and Corvallis Parks.
In February, 1981, the City Council adopted a resolution
which approved the priority plan for expenditure for Kern County,
under the 1980 State Park Bond Act. The City of Bakersfield's
share under the plan was $360,495. Applications must be submitted
by September 15th of each year for funding in the following fiscal
year.
This request for funds is to develop and improve Amberton,
Westwold and Corvallis Parks.
Upon a motion by Councilman Means, Resolution No. 100-82
of the Council of the City of Bakersfield approving the Application
for Grant Funds under the 1980 California Parklands Act for develop-
ment and improvement at Amberton, Westwold and Corvallis Parks, was
adopted by the following roll call vote:
Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
None
None
Ayes
Noes
Absent:
Adoption of Resolution No. 101-82 of
the Council of the City of Bakers-
field concurring in the County of
Kern Solid Waste Management Plan.
This plan updates the plan which the City approved on
December 15, 1975. The revised plan includes current solid waste
characteristics and population and waste generation projections.
It also includes new chapters on Oilfield/Hazardous Waste Disposal
and Resource Recovery.
Upon a motion by Councilman Payne, Resolution No. 101-82
of the Council of the City of Bakersfield concurring in the County
of Kern Solid Waste Management Plan, was adopted by the following
435
Bakersfield, California, September l, 1982 - Page 19
roll call vote:
Ayes: Councilmen Payne, Ratty,
Christensen,
Noes: None
Absent: None
Rockoff, Strong, Barton,
Means
Approval of Agreement between the
City of Bakersfield and Susan Anderson
for instruction in Calligraphy.
This contract stipulates that Susan Anderson is to
Calligraphy,
same.
instruct students in the techniques of Calligraphy for a period of
five weeks at Holloway-Gonzales Library. 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 Susan Anderson for instruction in
was approved and the Mayor was authorized to execute
Approval of Amendment to Agreement
No. 79-121 with John Gordon for
administration of School Crossing
Guard Program.
On August 8, 1979, the City Council authorized Agreement
No. 79-121 between the City and John Gordon, an individual, for the
purpose of providing Crossing Guard Service at various school
crossings throughout the City. The agreement provides that the
contractor's fees will be negotiated on an annual basis.
As provided in the agreement, the staff met with the
contractor and reviewed his financial records. Pursuant to such
review and negotiation, the staff and the contractor agree a 5%
increase in fees is warranted for the 1982-83 school year.
Upon a motion by Councilman Barton, Amendment to Agreement
No. 79-121 with John Gordon for administration of School Crossing
was approved and the Mayor was authorized to execute
Guard Program,
same.
Approval of Contract with Panama
School District for Community
Recreation Program.
4' 6
Bakersfield, California, September 1, 1982 - Page 20
This is an annual contract for the organization and
promotion of programs of community recreation and provides that
the City will conduct and maintain a program of planning and
supervising certain recreational activities in cooperation with
the Panama School District.
the City and Panama School
related costs.
The agreement further provides that
District will each share 50% of the
Upon a motion by Councilman Payne, Contract with Panama
School District for Community Recreation Program, was approved and
the Mayor was authorized to execute same.
Approval of Contract between the City
of Bakersfield and the Greater Bakers-
field Chamber of Commerce providing
for the operation of a Convention
Bureau.
Councilman Rockoff stated he is an officer in the Chamber
of Commerce and will abstain from voting on this matter.
Upon a motion by Councilman Barton, Contract between the
City of Bakersfield and the Greater Bakersfield Chamber of Commerce
providing for the operation of a Convention Bureau, was approved
and the Mayor was authorized to execute same. Councilman Rockoff
abstained from voting on this matter.
Approval of Contract between the City
of Bakersfield and the Greater Bakers-
field Chamber of Commerce for the
service of advertising the City and
promoting the Industrial Development
of the City.
Councilman Rockoff stated he is an officer in the Chamber
of Commerce and will abstain from voting on this matter.
Upon a motion by Councilman Barton, Contract between the
City of Bakersfield and the Greater Bakersfield Chamber of Commerce
for the service of advertising the City and promoting the Industrial
Development of the City, was approved and the Mayor was authorized
to execute same. Councilman Rockoff abstained from voting on this
matter.
Bakersfield, California, September l, 1982 - Page
437
Ayes:
Noes:
Absent:
Council,
adjourned at
Approval of Proposed Negative Declara-
tion for Fairview Assessment District
Improvements.
The project includes the construction of sewer and storm
drainage facilities for Assessment District No. 81-1, comprising
of approximately 150 acres located east of South "H" Street and
north of Panama Lane. On the basis of an initial study, the staff
finds no significant adverse onvironmental effects resulting from
the project, provided that required safety procedures are employed
and project specifications are adhered to.
Upon a motion by Councilman Barton, Proposed Negative
Declaration for Fairview Assessment District Improvements, was
approved by the following roll call vote:
Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
None
None
ADJOURNMENT
There being no further business to come before the
upon a motion by Councilman Christensen, the meeting was
ll:18 P.M,
MAYOR of Calif.
ATTEST:
CITY CLERK and E~Officio Clerk of the Council
of the City of Bakersfield, California
ma
4S8
Bakersfield, California, September 1, 1982
Minutes of a budget session of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at ll:20 P.M., September 1, 1982.
The me~ting was called to order by Mayor Shell, followed
by the Pledge of Allegiance.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Strong, Barton, Christensen,
Means, Payne, Ratty, Rockoff
Absent: None
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 7-82 regarding New Positions
and Reclassifications, as follows:
The Governmental Efficiency and Personnel
Committee has met with the City Manager and
his staff in regards to new positions and
reclassifications. As was pointed out by the
City Manager in his recent budget message, the
City has grown in population, over the last
ten years, nearly 50%; the area of the City
has grown 166%; street miles 70%; City parks
54%; and fire calls for service 150%. During
this same ten year period, there are only 34
or 22% more sworn personnel in the Police
Department; 5% more in the Fire Department;
and 14% in Public Works. The City is continuing
to grow, and in an attempt to maintain our
present level of service. the Governmental
Efficiency and Personnel Committee is recom-
mending the following personnel changes for
fiscal year 1982-83:
PUBLIC WORKS
1. One Street Maintainer, effective January,
1983. Employee Cost - $9,912.
o
One Motor Sweeper Operator, effective
January, 1983. Employee Cost $11,385.
Equipment Cost - $80,000.
3. One Park Maintainer, effective January,
1983. Employee Cost - $9,917. Equipment
Cost - $9,000.
POLICE DEPARTMENT
Five new positions, Police Officer,
effective January, 1983. Employee
$79,591. Equipment Cost $17,767.
Cost -
Bakersfield, California, September 1, 1982 - Page 2
439
DEVELOPMENT SERVICES
1. One new position, Building Inspector II.
Employee Cost - $26,761.
Total New Positions - 9
Total Employee Costs - $137,566
Total Equipment Costs - $106,767
RECLASSIFICATIONS
Public Works
1. Two Sanitation Worker II to Sanitation
Worker III. Total Cost $3,528.
2. Two Street Maintainers to Light Equipment
Operator. Total Cost - $1,591.
3. One Welder I to Craft Worker II. Total
Cost - $1,048.
4. One Craft Worker II to Craft Worker I.
Savings of $1,595.
Fire Department
1. One Clerk Typist II to Steno I. Savings
of $386.
Community Development
One Associate Planner to Principal Planner.
Total Cost - $1,178.
Police Department
Eliminate one vacant Police Sergeant position,
effective July l, 1982, and replace this
position with two Detectives, effective
January, 1983.
Total Rectassification Costs - $5,364.
Attached to this report is an itemized list of
all Department Head requests along with the City
Manager's recommendations. The Department Head
requests were for 26 new positions and 10
reclassifications. These requests totaled
nearly $900,000 for new positions, equipment
costs, and reclassifications. Also attached
are Department Head requests and their justifi-
cations for each of the positions.
In order to effectuate these changes, the
Governmental Efficiency and Personnel Committee
is recommending Council approval of these nine
new positions, equipment costs and the nine
reclassifications.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 7-82 regarding New Positions and
44O
Bakersfield, California, September 1, 1982 - Page 3
Reclassifications, was accepted; and nine new positions, equipment
costs and nine reclassifications, as outlined in the report, were
approved.
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 8-82 regarding Salary and
Supplemental Benefits, as follows:
In compliance with the State of California
Meyers-Milias Brown Act, the City has finally
concluded its annual meet and confer sessions
with the International Brotherhood of Police
Officers (IBPO), the California State Fire
Fighters Association, and the Teamsters.
Consulting sessions were also held with repre-
sentatives of the Police Supervisory Unit.
We are pleased to report that Memorandums of
Understanding have been reached with the
various units, and copies will be forwarded
to the Council upon finalization.
The City's negotiating team headed by Gene
Bell and his representative, Bill Avery, has
been able to negotiate within the guidelines
as established by the City Council in their
last Executive Session. Cost to the City for
all of the units falls within 5.2% total com-
pensation, at a total cost of approximately
$1,400,000.
Negotiations with the various units were very
difficult this year in that the City's financial
position was not clarified until July. Meaning-
ful negotiations did not take place until July
and August, which is two months beyond the time
that memorandums are normally achieved. We
would like to once again compliment the City's
management negotiating team as well as the
various union representatives in finally
arriving at a settlement without having to
invoke an impasse procedure.
As a result of many months of negotiations, the
Governmental Efficiency and Personnel Committee
is making the following recommendations for
Council approval:
POLICE UNIT
A 5% salary increase retroactive to June 28,
1982, for permanent and probationary
employees who are employed with the City
on September l, 1982.
Health and Welfare - No change in contribu-
tion. City's coverage to be changed to
$150 deductible with three family maximum.
City to pledge $150,000 of health plan
reserves. Monies withheld for present
coverage during the month of August to be
reimbursed to the employees.
Bakersfield, California, September 1, 1982 - Page 4
441
4 o
2% @ 50 Retirement Actuarial Study - The
City will request an actuarial study be
done by the Public Employees Retirement
System in regards to a 2% @ 50 Retirement
Program. Results of said study will be
made available to the Police Unit and
within 45 days after completion, the City
and union will begin to meet and confer
regarding possible implementation; how-
ever, if implemented, all costs will be
paid for out of present salaries and
fringe benefits or negotiated out of
future years' agreements.
Hazard Duty Pay - Hazard duty pay for
Motorcycle Officers and Bomb Squad will be
increased from $50 to $75 per month retro-
active to July l, 1982.
Stand-by Pay - Increase from $15 to $20 per
eight-hour shift and retain all call back
pay retroactive to June 28, 1982.
Sick Leave Conversion 75% of annual un-
used sick leave will be converted to
vacation after the employee has reached
the 120 days maximum sick leave accrual.
Total Cost Police Unit - $301,000
FIRE UNIT
A 5% salary increase retroactive to June
28, 1982, for permanent and probationary
employees who are employed with the City
on September 1, 1982.
2% @ 50 Retirement Actuarial Study - The
City will request an actuarial study be
done by the Public Employees Retirement
System in regards to a 2% @ 50 Retirement
Program. Results of said study will be
made available to the Fire Unit and within
45 days after completion, the City and
union will begin to meet and confer
regarding possible implementation; however,
if implemented, all costs will be paid for
out of present salaries and fringe benefits
or negotiated out of future years' agree-
ments.
Acting Pay - City agrees to pay for all
time served in an acting capacity beyond
one-half shift.
Medical Insurance The City agrees to pay
at the same level for Fire employees as all
other City employees. This is an increase
of $8.85 per month and will be effective
retroactive to August 22, 1982. City's
coverage to be changed to $150 deductible
with three family maximum. City to pledge
$150,000 of health plan reserves. The
City will retain the $22 which was with-
held from the employees' check for medical
coverage during the month of August.
44'2
Bakersfield, California, September 1, 1982 - Page 5
o
Uniform Allowance - Uniform allowance will
be increased to $400 annually, however,
during 1982 the City will pay $200 on
September 2 and $175 prior to December 23,
1982.
Total Cost Fire Unit - $180,600
POLICE SUPERVISORY
A 5% salary increase retroactive to June
28, 1982.
Health and Welfare - No change in contribu-
tion. City's coverage to be changed to
$150 deductible with three family maximum.
City to pledge $150,000 of health plan
reserves. Monies withheld for present
coverage during the month of August to be
reimbursed to the employees.
Longevity Pay - Sergeants will receive 3%
after four years of continuous service, an
additional 3% after eight years continuous
service, and an additional 3% after twelve
years of service as a Sergeant. Effective
December 27, 1982.
Stand-by Pay - Increase from $15 to $20 per
eight-hour shift and retain all call back
pay retroactive to June 28, 1982.
2% @ 50 Retirement Actuarial Study - The
City will request an actuarial study be
done by the Public Employees Retirement
System in regards to a 2% @ 50 Retirement
Program. Results of said study will be
made available to the Police Supervisors
and within 45 days after completion, the
City and Police Supervisors will consult
regarding possible implementation; however,
if implemented, all costs will be paid for
out of present salaries and fringe benefits
or negotiated out of future years' agree-
ments.
Total Cost Police Supervisory $55,350
FIRE SUPERVISORY
A 5% salary increase retroactive to June
28, 1982.
Health and Welfare - No change in contribu-
tion. City's coverage to be changed to
$150 deductible with three family maximum.
City to pledge $150,000 of health plan
reserves. Monies withheld for present
coverage during the month of August to be
reimbursed to the employees.
Uniform Allowance - Increase uniform allowance
to $400 annually, with $200 payable September
2 and $200 prior to December 23, 1982.
Bakersfield, California, September l, 1982 - Page 6
443
o
Compensatory Time - Fire Prevention personnel
may accumulate compensatory time up to 60
hours.
2% @ 50 Retirement Actuarial Study - The
City will request an actuarial study be
done by the Public Employees Retirement
System in regards to a 2% @ 50 Retirement
Program. Results of said study will be
made available to the Fire Supervisors and
within 45 days after completion, the City
and Fire Supervisors will begin to meet and
confer regarding possible implementation;
however, if implemented, all costs will be
paid for out of present salaries and fringe
benefits or negotiated out of future years'
agreements.
Total Cost Fire Supervisory $84,700
BLUE AND WHITE COLLAR UNIT
The Council acted on the Blue and White Collar
Unit settlements at its August 18, 1982 meeting,
however, since the remaining units had not
settled, the Governmental Efficiency and
Personnel Committee is recommending that retro-
active pay should be made effective to June 28,
1982. This additional cost would be $18,400.
To further clarify the uniform allowance as
recommended at the last Council Meeting, the
$250 uniform allowance is for probationary and
permanent employees as required by the Chief
of Police. Temporary employees will remain
at $150 per year.
In order to implement these changes, the Govern-
mental Efficiency and Personnel Committee is
recommending Council approval of this report.
The changes in the Salary Resolution and any
ordinance changes will be forthcoming.
Councilman Ratty expressed his dissatisfaction with this
years' negotiations and stated he hopes there can be a little more
give and take on both sides next year.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 8-82 regarding Salary and
Supplemental Benefits, was accepted; and recommendations as out-
lined in the report, were approved. Councilman Ratty voted in the
negative on this motion.
ADJOURNMENT
There being no further business to come before the
444
Bakersfield, California, September 1, 1982 - Page 7
Council, upon a motion by Councilman Barton, the budget sessions
were adjourned at 11:35 P.~{.
MAYOR of Bakersfield, Calif.
ATTEST:
CITY CL~RK and/Ex O~ficio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, September 15, 1982
445
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., September 15, 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 Ratty, Rockoff, Strong, Barton
Christensen, Means, Payne
Absent: None.
Minutes of the regular meeting o£ September l, 1982, and
budget session of September 1, 1982, were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Mel McCullough, Nickel Enterprises, 6200 Lake Ming
Road, spoke to the Council regarding joining with the County of
Kern to establish river user and parking fees.
Mr. Sam Rudnick Jr., Rafting Concessionaire, spoke in
support of Mr. McCullough's proposal for a joint effort by the City
and County to establish river user and parking fees.
Upon a motion by Councilman Barton, report from Mr. Mel
McCullough was received, placed on file, and referred to the Inter--
governmental Committee for Study and Recommendation.
Mr. Michael J. Callagy, and fellow Kiwanians of the Stock-
dale West Kiwanis Club, requested Council's recognition and supporl~
for the Golden Empire Marathon to be held on November 7, 1982, for
the purpose of uniting
service.
the community and raising funds for community
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
William A. and Gloria W. Berry, 1501 Longway Lane, Bakersfield,
dated August 30, 1982, regarding unfairness of taxes for Maintenance
District No. 2 - Amberton Park, was received and placed on file.
Upon a motion by Councilman Rockoff, communication from
Mrs. Audrey Cochran, 7901 Shetland Drive, Bakersfield, dated Septem-
ber 14, 1982, regarding Warner Cable Television Service, was
received and placed on file.
446
Bakersfield, California, September 15, 1982 - Page 2
COUNCIL STATEMENTS
Councilman Christensen read a letter into the record
addressed to Cox Cable Service from P.J. DeMond, 1104 Radcliffe
Avenue, dated September l, 1982, regarding cable television service,
as follows:
September l, 1982
Cox Cable Service
1615 "V" Street
Bakersfield, California 93301
Gentlemen:
This letter concerns my total frustration over
the terrible reception offered through your ser-
vice during the past three months. Currently,
we are unable to view HBO in the evening as the
picture is past redemption. Anything above chan-
nel 8 is very bad and the remaining channels leave
much to be desired.
We have called your service department on a
regular basis during this period, although dur-
ing the early going we either could not get
through or no one answered the phone. This
once caused us to go three days without any view-
able picture.
You are being paid for a service, but you are
not furnishing same. In any other area of
business this would not continue as a new supplier
would be found. However, it is my understanding
that if we want cable TV, your company is our
only recourse.
Hearing that you are attempting to improve service
no longer suffices. What are you going to do
about this situation?
Very truly yours,
P.J. DeMond
1104 Radcliffe Avenue
Bakersfield, CA 93305
CC2
Councilman Christensen
City of Bakersfield Council Members
Mayor Mary K. Shell
Councilman Christensen read a letter into the record
addressed to himself from Stephen Walker, 3216 Idaho Street, dated
September 7, 1982, regarding Cox Cable television service, as
follows:
Bakersfield, California, September 15, 1982 - Page 3
447
Stephen Walker
3216 Idaho St.
Bakersfield, CA
93705
September 7, 1982
Councilman Christensen
1408 Radcliffe Avenue
Bakersfield, CA 93305
Re: Cox Cable Bakersfield
Dear Sir:
Recently, Cox Cable decided to make some changes
in their movie service. We were told by mail that
as of September 1st that Home Box Office would no
longer be available and in its place would be the
"Spotlight" movie service.
I would like to have expressed my views on this
unrequested change and other areas of dissatisfaction
concerning cable service directly to the Cox Cable
office but for the past week and a half I have been
unable to get through to their office by phone.
Cox Cable did not ask me if I wished to drop HBO
and start "Spotlight", they simply changed and started
billing me for "Spotlight". If I wish to discontinue
this unrequested service, I must take my converter
to the cable office and wait an hour in line.
It also appears that the movie times are set up
for East Coast viewers in that from noon to about
5 p.m. they have scheduled basic family fare and
from about 5 p.m. to early morning they have many "R"
rated movies. HBO on the other hand would not schedule
its showing of adult oriented movies until after 8 p.m.
or later, a fact I appreciated as a parent.
I attempted watching this "new" service ow~r the
Labor Day weekend but was unable to do so.. The
reception on the "Spotlight" channel and most of the
extra cable channels was so poor as to be unwatchable.
This was not the first time we have had poor recep-
tion on the extra channels or the HBO/Spotlight channel
and we have been considering dropping the movie and
extra channels for that reason.
On those rare times when I have been able to
reach the cable office by phone I was told that the
poor reception was due to work being performed in
the area to upgrade the cable service. This would
have been an acceptable excuse were it not for the
fact that these extended periods of poor reception
began occurring in late April and they still have
not solved the problems. If we had any alternative
to Cox Cable we would have switched because of the
poor service.
Thank you for hearing my views on the cable
service.
Sincerely,
Stephen Walker
448
Bakersfield, California, September 15, 1982 - Page 4
In answer to a question from Councilman Christensen,
about possible action by the Council to force the cable companies
to act in a more responsible manner, City Attorney Oberholzer
stated the possible choices are: reinstating the regulation of
rates by Council; raise the franchise fee the company pays to the
City; or remove the franchise from the company.
Councilman Christensen made a motion that Staff inform
and warn the cable companies of what their responsibilities are
and possible actions that could be taken by Council if service is
not upgraded.
After a lengthy discussion, Councilman Christensen
offered a substitute motion that the definition of areas of respon-
sibility be referred to the Budget Review and Finance Committee,
and then to Staff.
Councilman Payne stated he
the franchises from these companies.
could not support removing
It appears that by the
response from Warner Cable and Cox Cable, they are making every
reasonable effort to correct the problems that have been brought
to their attention. When the franchises were issued, the City
instructed both companies that it was the City's desire that every--
thing be done to expand services as rapidly as possible to as many
potential users as possible. The City also included in the franchise
contract that everything possible be done to keep up with the state
of the art. Accomplishing those improvements, is going to cause
some inconvenience to the subscribers.
Mr. Howard Channell, General Manager of Cox Cable, stated
that at a meeting held with the Budget Review and Finance Committe~
three months ago, Cox Cable agreed to do several things to improve
service to their subscribers. All of those requirements have been
met. A letter was sent to Councilman Rockoff three weeks ago,
explaining that at that time all requirements had been met except
the new office. Cox Cable has moved into a new office located at
2306 Brundage Lane, and has fourteen telephone lines into the new
office with three lines still existing at the old office, for a
Bakersfield, California, September 15, 1982 - Page 5
449
total of eighteen telephone lines. Mr. Channell stated his company
is doing everything possible to solve its problems.
Councilman Rockoff read a letter into the record, dated
August 30, 1982, from Mr. Howard Charmell, General Manager, Cox
Cable Bakersfield, as follows:
Cox Cable Bakersfield
1615 "V" Street
Bakersfield, CA 93301
August 30, 1982
Councilman, Arthur L. Rockoff
1501Truxtun Avenue
Bakersfield, CA 93301
Dear Councilman Rockoff:
It has been almost 60 days since our meeting with
your committee in which we at Cox Cable Bakersfield
outlined some changes we were going to make in order
to improve the service to our customers.
As reported in my letter to you on July 29, a number
of the changes had already been implemented, (addi-
tional phone lines, mailer, longer office hours,
etc.). As stated in that report, we were negoti-
ating a lease on a new office, that lease was signed
on August l, however, because the phone company
could not put in our new phone system at the new
office until September 9, we have not been able to
move. We will be moving the week-end of September
10, 11 and 12.
When we move I think all of the changes listed in
the letter of July 6 will have been accomplished
with the exception of the busy study by the phone
company. This has not been done because when we
called the phone company to request it, they stated
it would be over 2 weeks before they would be ready
to even start the study, this date would have been
well past the date we had to order our new phone
system, therefore, we will do the busy study right
after we move and based on the study we will make
any changes in our phone service that is required
to meet our customers' needs.
We are continuing to man our repair and dispatch
number from 8:30 AM to 7:00 PM every week day and
will continue to do so until the rebuild is complete
or longer if it is needed.
We are receiving fewer calls in our office now than
in the past 2 months and hope you and your committee
are also receiving fewer. I believe this will
continue to improve with the opening of the new
office, the new phone system and the completion of
the rebuild. The rebuild is still on schedule to
be completed by the end of October.
450
Bakersfield, California, September 15, 1982 - Page 6
If you, your committee or any of the other Council-
men have any questions, problems or additional
recommendations, please contact me.
Sincerely,
Howard A. Channell,
General Manager
HAC/pp
cc: W. D. Higginbotham,
Assistant City Manager
Upon a motion by Councilman Christensen, television
service problems will be referred to the Budget Review and
Finance Committee.
Upon a motion by Councilman Barton, the problem of weed
abatement and the current ordinance on weed abatement was referred
to Water and City Growth Committee for study and recommendation.
Upon a motion by Councilman Barton, the Mayor was requested
to send a letter to the County Clerk on behalf of the Council request-
ing the establishment of election boundaries for Improvement Distr~[ct
Number 4.
In answer to a question by Councilman Means regarding the
Kern County Water Agency's Consultant's Study on the Zone of Benef:Lt
No. i Tax, City Manager Kelmar stated that the City's Water Consult-
ant, Mr. Tom Stetson, has received a copy of that~report. After
reviewing the report, Mr. Stetson felt it is a good report and did
not feel an analysis by the City is necessary. Mr. Stetson feels,
if the Council desires to take a position in some manner before the
Kern County Water Agency on the report, this is where work on his
part should occur.
Councilman Means made a motion that City Manager Kelmar
be authorized to appear before the Kern County Water Agency during
the hearings to present the Resolution previously adopted by Council
stating, City residents do not wish to pay a water tax; and that
Council concurs with the Study on the Zone of Benefit No. 1 Tax by
the Consultant for the Kern County Water Agency; recommendations
contained in that report; and City Attorney Oberholzer be included
in the process to provide any legal advice necessary.
Bakersfield, California, September 15, 1982 - Page 7
451
City Manager Kelmar stated there were other comments
he wished to make in regard to Zone of Benefit No. 7 and would
like the authority from the Council to make those comments at the
hearings before the Kern County Water Agency.
Councilman Means agreed to include in his motion the
request made by City Manager Kelmar to make comments regarding Zone
of Benefit No. 7.
Councilman Payne stated he has concerns about the Council
concurring with all recommendations contained in the Study on the
Zone of Benefit No. i Tax. The Report is very complex and the
total impact is not yet known. He stated he is concerned about how
many small farmers will be put out of business as a result of a total
abolition of the water tax.
Councilman Payne stated he would like Councilman Means'
motion to direct staff not make a statement of complete and total
agreement with the recommendations contained in the report until
the Kern County Water Agency receives input and can make an evalua-
tion as a result of public hearings to determine the impact on local
farmers.
Councilman Means stated he could agree with Councilman
to make a statement as to what extent the Council supports
Mrs.
procedures at
to her appeal
Verneda Pierce asked the Council questions regarding
the Council Meeting of August 18, 1982, pertaining
to the decision of the Planning Commission upholding
Payne not
the recommendations of the Study on the Zone of Benefit No. 1 Tax,
until after public hearings to determine the impact on local farmers.
Upon a motion by Councilman Means, City Manager Kelmar
and City Attorney Oberholzer were authorized to appear before the
Kern County Water Agency during the hearings regarding the Zone of
Benefit No. i Tax, to present the Resolution previously adopted by
Council stating, City residents do not wish to pay the water tax;
and that Council concurs with the Study on the Zone of Benefit No. 1
Tax prepared by the Consultants for the Kern County Water Agency;
and to some extent with the recommendations contained in that report.
45g
Bakersfield, California, September 15, 1982 - Page 8
the decision of the Site Plan Review Committee granting application
of Highland Towing Service to establish a storage yard for disabled
vehicles for impoundment, located at the southeast corner of 3rd
and "V" Streets, having a business address of 217 South Union Avenue.
In response to Mrs. Pierce's questions, City Attorney
Oberholzer stated the hearing that was to come before the City
Council on August 18, 1982, was an appeal of a Site Plan Review.
The use, a towing service, that was going to be put on that prop-
erty at 3rd and "V" Streets, was inconsistent with the present
zoning ordinance. The ordinance does not allow that use, consequently,
the Site Plan Review and the appeal by Mrs. Pierce made to the
Council, was a moot issue. The reason the hearing was cancelled,
and the residents did not have an opportunity to speak was because
there really was no issue upon which the City Council could make a
decision. No matter what the decision, there would not be an
impound yard going in on that property under the present defini-
tions that are in our zoning ordinance.
City Attorney Oberholzer further stated the issue before
the Planning Commission on September 16, 1982, is a redefinition
of "junkyard" pursuant to the Zoning Ordinance. The hearing to be
held before the Planning Commission is to give the residents an
opportunity to express their views with respect to the change in
the present zoning ordinance to allow that kind of use within that
particular zoned property. The ordinance will then come to the
Council for adoption. The hearing before the Planning Commission
on September 16, 1982 pertains to the overall City plan with respect
to uses in an M-1 Zone. There is no way the City could give notice
to every citizen in the City of Bakersfield. There was a Notice
of Hearing advertised in the Bakersfield Californian.
Mr. Gabriel Solomon, Attorney at Law, representing a
group of residents of the Carnation Tract, spoke in opposition to
any zoning ordinance which would allow a towing service in a M-1
Zone, and particularly at the southeast corner of 3rd and "V" Streets.
Bakersfield, California, September 15, 1982 - Page 9
453
After lengthy discussion, Councilman Strong made a
motion that Council rescind its action of August 18, 1982, refer-
ring a proposed Ordinance regarding definition of "junkyard" pur-
suant to the Zoning Ordinance, to the Planning Commission. This
motion passed unanimously.
Mayor Shell stated it has been brought to her attention
there is available for rent in Bakersfield a video cassette called
"Snuff", which is a filming of an actual killing of a human being
or a very graphic or realistic depiction of a killing of a human
being. Mayor Shell asked Council to consider adoption of an
ordinance that would prohibit the sale or rental of video cassettes
or films of actual or depicted killings of human beings in Bakers-
field.
City Attorney Oberholzer, in answer to a question by
Councilman Rockoff, stated he would have to research the current
State laws in regard to this subject.
Upon a motion by Councilman Rockoff, City Attorney Ober-
holzer was directed to investigate the possiblity of drafting an
Emergency Ordinance to be
1982.
Finance
read at the Council Meeting of September 29,
REPORTS
Councilman Rockoff, Chairman of the Budget Review and
Committee, read Report No. 27-82 regarding selection of
Noise Element Consultant, as follows:
State law requires that cities adopt Noise Elements
as a part of their General Plans. Bakersfield adopted
its present Noise Element in 1975.
Since then, state regulations have changed and the
City's Noise Element must be revised to comply with
current law.
Consequently, the City Council budgeted $20,000 to
accomplish this, and authorized staff to send out
request for proposals to experienced consulting
firms in this field.
Twenty requests for proposals were sent state-wide,
and ten responses were received by the City. The
committee invited the three most qualified firms to
make personal presentations before the committee.
These firms were J. J. Van Houten & Associates,
Atlantis Scientific, and the Parry Company.
454
Bakersfield, California, September 15, 1982 - Page l0
Upon completion of the interviews the committee
found the firm of J. J. Van Houten & Associates
to be the most qualified. The committee's decis-
ion was based on background, experience, style
and cost.
The Budget Review and Finance Committee therefore,
recommends that the City Council contract with
the firm of J. J. Van Routen & Associates at a
cost of $14,790 and authorize the Mayor to execute.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 27-82, regarding Selection of Noise
Element Consultant, was accepted; and recommendations as outlined
in the report, were approved.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee read Report No. 28-82 regarding Methane Gas
Recovery Project, as follows:
Recently, the City Council received a report from
this committee on a proposed system to recover
methane gas at the landfill site. As recommended
in the report, the City Council directed staff to
develop a request for proposal (RFP) for a perma-
nent landfill gas recovery system.
Pursuant to the RFP, three proposals were received.
City staff and County staff members reviewed the
proposals and interviewed representatives from each
firm. This committee has reviewed the proposals and
resulting interviews with City staff and concurs
with staff's recommendation to enter into a con-
tract with Cambrian Energy Systems, Inc. for the
proposed recovery project. Cambrian proposes to
recover the methane gas for generation of electrical
power.
Therefore, this committee recommends the City
Council authorize staff to negotiate a contract
with Cambrian for the methane gas recovery project.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 28-82 regarding Methane Gas Recovery
Project, was accepted; and recommendations as outlined in the report,
were approved.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 789 to 1327, inclusive,
in the amount of $908,673.66.
(b)
Claim for Damages from J. Nolan Shaffer, on behalf
of David N. Shaffer, 108 Angell Street, Bakers-
field. (Refer to City Attorney)
Bakersfield, California, September 15, 1982 - Page ll
455
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
(k)
Claim for Damages from Dean J. Miller,
c/o Law Offices of George A. Boyle,
416 Truxtun Avenue, Bakersfield. (Refer
to City Attorney)
Claim for Damages from Lazaroy Miller,
Ola Mae Miller, and Roy Miller, 1010
Hacienda, Bakersfield. (Refer to City
Attorney)
Claim for Personal Injuries from Barbara
Chinn, 3725 Soranno #C, Bakersfield.
(Refer to City Attorney)
Claim for Personal Injuries from Donald
L. Unger, M.D., c/o Young, Wooldridge,
Paulden, Self, Farr & Hugie, Attorneys at
Law, 1675 Chester Avenue, Fourth Floor,
Bakersfield. (Refer to City Attorney)
Street Right-of-Way Deed from Rosedale
Business Center, Ltd., and Kern Union
High School District and a Sewer and
Storm Drain Easement from Rosedale
Business Center, Ltd., providing for dedi-
cation o£ the public street extending
south from Rosedale Highway and an ease-
ment for sewer lines and storm drain pur-
poses as required by the Planning Commis-
sion for Parcel Map 6642, located south
of Rosedale Highway, west of State Route
99.
Street Right-of-Way Deed from J. T.
Sanders, et al, providing for dedication
of a property return as required for the
development located on the southwest
corner of 36th Street and "Q" Street.
Maps of Tract Nos. 4420, Unit A; 4420,
Unit B; 4421, Unit A; and Improvement
Agreements with Highland Real Estate
Corporation, for construction of improve-
ments therein, located east and west of
Panorama Drive at University Avenue.
Map of Tract No. 4550 and Improvement
Agreement with Tenneco Realty Develop-
ment Corporation for construction of
improvements therein located west of
Manning Street, south of School House
Road.
Improvement Agreement for Parcel Map No.
6594, with Terry L. Moreland for the
construction of improvements required
by the Planning Commission with Parcel
Map No. 6594, located between 40th
Street and Columbus, and San Dimas
and "Q" Street.
Notice of Completion and Acceptance of
work on the following projects:
Construction and Modification of various
Traffic Signal Systems (Coffee and Truxtun;
New Stine and Wilson; Ming and Castro),
Contract No. 82-20, with E. & S.
Electrical Contractors.
45'6
Bakersfield, California, September 15, 1982 - Page 12
Parcel Map No. 5702, Contract No. 81-16,
located north of Panama Lane and east of
Stine Road, with Regional Mortgage Company.
(m)
Application for Encroachment Permit from
Ralph Kemprud, owner of Tower Motel, 3215
Chester Avenue, Bakersfield, to locate
private gas, water and underground elec-
trical lines approximately six feet in
the street right-of-way.
(n)
Application for Encroachment Permit from
Gannon Enterprises, Inc., 4101 Union
Avenue, Bakersfield for construction of
decorative wrought iron fence and land-
scaping behind sidewalk area encroaching
six feet into the right-of-way on 19th,
"G" and "H" Streets.
(o)
Plans and Specifications for resurfacing
portions of Ming Avenue between Stine Road
and Hughes Lane, between South "H" and
South "P"; and South "H" Street between
Ming Avenue and Belle Terrace.
(P)
Plans and Specifications for resurfacing
portions of Christmas Tree Lane between
Wenatchee and Columbus; Monterey Street
between Alta Vista and Beale; Haley Street
between Monterey and Quincy; and Freeway
178 and Columbus Street.
(q) Plans and Specifications for Sludge Pump
Relocation at Wastewater Treatment Plant 2.
(r)
Resolution of Intention No. 959 of the
Council of the City of Bakersfield declar-
ing its intention to order the vacation of
a portion of McCall Avenue between Wible
Road and State Route 99 in the City of
Bakersfield. This Resolution of Intention
sets the date of hearing for October 13,
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), and (r) of the Consent Calendar, were adopted by the follow-
ing roll call vote:
Ayes:
Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes: None.
Absent: None.
ACTION ON BIDS
Upon a motion by Councilman Christensen, low bid of Bay-
less Stationers, in the amount of $20,262.05, for annual contract
for office supplies, was accepted, all other bids rejected, and the
Mayor was authorized to execute the contract.
457
Bakersfield, California, September 15, 1982 - Page 13
Upon a motion by Councilman Payne, low bid of Hooper Air
Conditioning, in the amount of $35,530.00, for Training Classroom
for City of Bakersfield Fire Department, was accepted, all other
bids rejected, the Mayor was authorized to execute the contract and
Budget Transfer, in the amount of $5,830.00,
56-79200-693 to Account Number 55-79200-693,
Upon a motion by Councilman Means,
for the Base Bid, in the amount of $28,948,
from Account Number
was approved.
low bid of J. L. Denio
for Montclair Street
Storm Drain, was accepted, all other bids rejected, and the Mayor
was authorized to execute the contract.
Upon a motion by Councilman Ratty, low bid of Granite
Construction, in the amount of $253,825, for resurfacing Elm Street,
from 24th Street northerly; 21st Street, from Oak Street to "F"
Street; and "F" Street, from Truxtun Avenue to 21st Street, was
accepted, all other bids rejected, and the Mayor was authorized to
execute the contract.
As
September 1,
meetings
Sessions
DEFERRED BUSINESS
Adoption of Ordinance No. 2778 New
Series of the Council of the City of
Bakersfield amending Section 2.04.010
of the Bakersfield Municipal Code
relative to time and place of Council
Meetings.
per instructions of the City Council at the meeting of
1982, this Ordinance sets
at 7:00 P.M.; Pre-Meetings at
at 6:00 P.M.
the time for regular Council
6:45 P.M.; and Workshop
Upon a motion by Councilman Christensen, Ordinance No. 2778
New Series, amending Section 2.04.010 of the Bakersfield Municipal
Code relative to time and place of Council Meetings, was adopted by
the following roll call vote:
Ayes Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes None.
Absent: None.
Bakersfield,
California, September 15, 1982 - Page 14
Councilman Christensen stated, because Council has adopted
a new policy whereby public hearings will be held on a different
night than regular Council business, and in most cases he does not
feel there will be a need to go beyond midnight, he made a motion
that Council establish a policy to adjourn at 12:00 Midnight, unless
there are unusual circumstances. Councilman Christensen explained
an unusual circumstance as an earthquake, epidemic, or unusual
proceedings.
After further discussion, Councilman Christensen's motion
to adopt a new policy whereby Council would adjourn at 12:00 Midnight,
unless there ~vere unusual circumstances, carried by the following
roll call vote:
Ayes Councilmen Rockoff, Strong, Christensen, Means
Noes Councilmen Ratty, Barton, Payne
Absent: None.
Adoption of Ordinance No. 2779 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 Re City of Bakers-
field commonly known as 6800 Stockdale
Highway, and making findings in connec-
tion with a P.U.D. Zone.
The application for this amendment was made by A1F.
and would change subject property from a P.U.D. (Planned Unit
Mayo
Development) Zone to a revised P.U.D. (Planned Unit Development)
Zone, consisting of 46 two-story condominium townhouses.
The Planning Commission recommended approval of this amend-
ment.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2779 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 6800 Stockdale Highway,
and making findings in connection with a P.U.D. Zone, finding said
zoning consistent with the General Plan, were adopted by the follow-
ing roll call vote:
Bakersfield, California, September 15, 1982 - Page
459
Ayes Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes None.
Absent: None.
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Lakersfield
amending Chapters 2.08, 2.72 and
2.84 of Title 2 of the Bakersfield
Municipal Code relative to Administra-
tion and Personnel.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Chapters 2.08, 2.72
and 2.84 of Title 2 of the Bakersfield Municipal Code relative to
Administration and Personnel.
Adoption of Resolution No. 102-82 of
Application of the Council of the
City of Bakersfield proposing Pro-
ceedings for Annexation of Territory
to the City of Bakersfield, Identified
as Annexation No. 286 (Kern River No. 8)
On July l, 1982, the Planning Commission recommended to
the Council the adoption of a Resolution initiating annexation
proceedings at the Local Agency Formation Commission for approxi-
mately 141 acres of uninhabited territory east and west of the A.T.
and S.F. Railroad primarily north of Truxtun Avenue to the Cross
Valley Canal.
erty.
Upon a motion by Councilman Payne, Resolution No. 102-82
of Application of the Council of the City o£ Bakersfield proposing
Proceedings for Annexation of Territory to the City of Bakersfield,
identified as Annexation No. 286 (Kern River No. 8), was adopted
and referred to the appropriate City Officials for submittal to
LAFCO by the following roll call vote:
Ayes Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes: None.
The proposal includes 96.6 acres of City-owned prop--
Absent: None.
460
Bakersfield, California, September 15, 1982 - Page 16
Adoption of Resolution No. 103-82 of
Application of the Council of the City
of Bakersfield proposing Proceedings
for Annexation of Territory to the City
of Bakersfield, Identified as Annexa-
tion No. 287 (Kern River No. 9)
On July l, 1982, the Planning Commission recommended to
the Council the adoption of a Resolution initiating annexation
proceedings at the Local Agency Formation Commission for approxi-
mately 18 acres of uninhabited territory owned by the City of
Bakersfield, located 1800 feet east of Coffee Road and generally
between the Kern River and the Cross Valley Canal.
Upon a motion by Councilman Payne, Resolution No. 103-82
of Application of the Council of the City of Bakersfield proposing
Proceedings for Annexation of Territory to the City of Bakersfield,
identified as Annexation No. 287 (Kern River No. 9), was adopted
and referred to the appropriate City Officials for submittal to
LAFCO by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes: None.
Absent: None.
Adoption of Resolution No. 104-82 of
Application of the Council of the City
of Bakersfield proposing proceedings
for Annexation of Territory to the City
of Bakersfield, identified as Annexa-
tion No. 284 (Kern City No. 2)
On May 26, 1982, the City Council approved Resolution
No. 56-82 for the annexation application known as Kern City No. 2
to the Local Agency Formation Commission (LAFCO). However, due to
the expiration of the 30-day period allowed for the City of Bakers--
field and the County of Kern to resolve the future property tax
distribution, the LAFCO officer has requested the City to resubmit
the Kern City No. 2 Annexation application to LAFCO.
Upon a motion by Councilman Payne, Resolution No. 104-82
of Application 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
and referred to the appropriate City officials for submittal to
Bakersfield, California, September 15, 1982 - Page 17
461
LAFCO by the following roll
Ayes: Councilmen Ratty,
Means,
Noes: None.
Absent: None.
call vote:
Rockoff, Strong,
Payne
Barton,
Christensen,
Adoption of Resolution No. 105-82 of
the Council of the City of Bakersfield
amending the Kern County Federal Aid
Urban Program for the Bakersfield
Urbanized Area, City of Bakersfield.
This Resolution provides for amending the Federal Aid
Urban Program to include Pierce Road between 24th Street and Calloway
Canal. This action is one of the steps necessary to obtain Federal
Aid Urban funds for the reconstruction of Pierce Road between 24th
Street and the Calloway Canal. This project is proposed for con-
struction in the current fiscal year.
Upon a motion by Councilman Rockoff, Resolution No. 105-82
of the Council of the City of Bakersfield amending the Kern County
Federal Aid Urban Program for the Bakersfield Urbanized Area, City
of Bakersfield, was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes: None.
Absent: None.
Adoption of Resolution No. 106-82 of
the Council of the City of Bakersfield
fixing the dates of Meetings of the
Council during the Months of October,
November and December, 1982 and January,
February and March, 1983.
Upon a motion by
of the Council of the City
ings of the Council during
Councilman Payne, Resolution No. 106-82
of Bakersfield fixing the dates of Meet-
the Months of October, November and
December, 1982 and January, February and March, 1983, was adopted
by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes: None.
Absent: None.
462
Bakersfield, Cgli~Qrnia, September 15, 1982 - Page 18
Authorization granted to Community
Development Staff to submit the
Community Development Block Grant
Grantee Performance Report 1981-82
to HUD for review.
Pursuant to Section 104(d) of the Housing and Community
Development Act of 1974, each jurisdiction receiving Community
Development Block Grant funds must report to HUD on the progress
of activities funded for the past program year.
Upon a motion by Councilman Strong, Community Developmen't
staff was authorized to submit Community Development Block Grant
Grantee Performance Report for HUD review.
HEARINGS
This is the time set for public hearing, pursuant to
Section 33679 of the California Community Development Law (Health
and Safety Code Sections 33000 et. seq.), to consider the use of
Tax Increments generated by the Redevelopment Agency, City of
Bakersfield, for the purpose of paying all or part of the cost of
installation and construction of additional storage facilities for
the Bakersfield Civic Auditorium.
This hearing has been duly advertised and posted as
required by law.
Mayor Shell declared the hearing open for public partici--
pation. No protests or objections being received, and no one wish-
ing to speak in favor, the public portion of the hearing was closed
for Council deliberation and action.
In response to a question by Councilman Rockoff, City
Manager Kelmar stated the present storage facilities for the Civic
Auditorium would be eliminated if the proposed hotel is built. Theice-
fore, it would be necessary to replace those storage facilities. If
the hotel is not built, the present storage facilities would remain
the same.
Upon a motion by Councilman Barton, Resolution No. 107-82
authorizing the use of Tax Increment Funds for Installation and Con--
struction of Storage Facilities for the Bakersfield Convention Center
Bakersfield, California, September 15, 1982 - Page 19
463
(Civic Auditorium),
Ayes: Councilmen Ratty,
Noes
Absent:
None.
was adopted by the following roll call vote:
Rockoff, Strong, Barton, Christensen,
Means, Payne
None.
This is the time set
for public hearing before the
Council
of the City of Bakersfield for the purpose of receiving written and
oral testimony regarding transit needs in the City of Bakersfield.
This hearing has been duly advertised and posted as
required by law.
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being received, and no one wishing
to speak in favor, the public portion of the hearing was closed for
Council deliberation and action.
Upon a motion by Councilman Strong, Resolution No. 108-8:2
of the Council of the City of Bakersfield finding there are no unmeg
public transportation needs which could be reasonably met, was adopted
by the following roll call vote:
Ayes Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes None.
Absent: None.
Upon a motion by Councilman Strong, Resolution No. 109-82
of the Council of the City of Bakersfield authorizing the filing of
an application with the Kern County Council of
cation of Transportation Development Act Funds
was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes: None.
Absent: None.
This is the time set for public hearing on Resolution of
Intention No. 956 of the Council of the City of Bakersfield declar-
ing its intention to order the vacation of a 30' building setback
Governments for allo--
for Fiscal Year 1982--83,
464
Bakersfield, California, September 15, 1982 - Page 20
easement along Chester Avenue between Wilson Road and Dorian Drive
in the City of Bakersfield.
This hearing has been duly posted.
The application for this vacation of a 30' building set-
back easement was submitted by Mr. Tommy Pascuzzo, Mr. Marvin Bales,
and Mr. Glen Holt, 2519 South Chester Avenue.
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being received, and no one wish-
ing to speak in favor, the public portion of the hearing was closed
for Council deliberation and action.
Upon a motion by Councilman Barton, Resolution No. 110-82
of the Council of the City of Bakersfield ordering the vacation of
a 30' building setback easement along Chester Avenue between Wilson
Road and Dorian Drive in the City of Bakersfield, was adopted by the
following roll call vote:
Ayes CounciLmen Ratty, Rockoff, Strong, Barton, Christensen,
Means
Noes None.
Absent: None.
Abstaining: Councilman Payne
This is the time set for public hearing on Resolution of
Intention No. 957 of the Council of the City of Bakersfield declar-
ing its intention to order the vacation of a Public Utility Easement
within Block 1 of Tract 1472, north of 30th Street, between "F"
Street and "H" Street, in the City of Bakersfield.
This hearing has been duly advertised and posted.
The application for this vacation of a Public Utility
Easement was submitted by Clement/Milazzo/Walters/Elliott, Architects,
3200 21st Street, Suite 500.
Mayor Shell declared the hearing open for public participa-
tion. No protests or objections being received, and no one wish-
ing to speak in favor, the public portion of the hearing was closed
for Council deliberation and action.
Bakersfield, California, September 15, 1982 - Page 21
465
Ayes:
Noes:
Absent:
Upon a motion by Councilman Means, Resolution No. 111-82
of the Council of the City of Bakersfield ordering the vacation of
a Public Utility Easement within Block 1 of Tract 1472, north of
30th Street, between "F" Street and "H" Street, in the City of
Bakersfield, was adopted by the following roll call vote:
Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
None.
None.
This is the time set for public
hearing on Resolution of
Intention No. 958 of the Council of the City of Bakersfield declar-
ing its intention to order the vacation of a portion of Brown Street
between Monterey Street and Niles Street, in the City o£ Bakers£ield.
This hearing has been duly posted.
The applicant for this street vacation was submitted by
Nash Brown Associates, 641 "H" Street.
Mayor Shell declared the hearing open for public participa-
tion. No protests or objections being received and no one wishing to
speak in favor, the public portion of the hearing was closed for
Council deliberation and action.
Upon a motion by Councilman Strong, Resolution No. 112-82
of the Council of the City of Bakersfield ordering the vacation of
a portion of Brown Street between Monterey Street and Niles Street
in the City of Bakersfield, was adopted by the following roll call
vote:
Ayes:
Councilmen Ratty,
Means,
Noes: None.
Absent: None.
Rockoff, Strong, Barton, Christensen,
Payne
ADJOURNMENT
There being no further business to come before the Council,
upon a motion by Councilman Christens the meeting was adjourned at
M OR of~e City of Bakersfield
ATTEST:
CITY CLERK and~x O~ficio Clerk of the Council
of the City of Bakersfield, California
CW
466
Bakersfield, California, September 22, 1982
Minutes of a Joint Meeting of the Council of the City
of Bakersfield, Bakersfield Redevelopment Agency and Golden Empire
Transit District Board of Directors, held in the Council Chambers
of City Hall at 7:00 P.M., September 22, 1982.
The meeting was called to order by Mayor Shell, Agency
Chairman Lewis and G.E.T. Board Chairman Binder, followed by the
Pledge of Allegiance and a moment of silent prayer.
The City Clerk called the roll of the Council as follows:
Present: Mayor Shell. Councilmen Rockoff, Christensen, Payne,
Ratty, Means (seated at 8:20
Absent: Councilmen Strong, Barton
The City Clerk called the roll of the Agency as follows:
Present: Agency Members Bilas, Lewis, Mooneyham, ~{oore, Richardson,
Winer
Absent: Agency ~]ember Clausen
The City Clerk called the roll of the Board as follows:
Present: Board Members Binder, Bovee, Carter, Hall
Absent: Board Member Frazier
OPENING REMARKS
G.E.T. Board Chairman Rozella Binder stated the purpose
of this meeting is to jointly discuss the transit concepts for the
Downtown Bakersfield Area as submitted in the Barton-Aschman
Associates, Inc., Report. The G.E.T. Board of Directors are present
tonight to receive input on the Proposed Alternative Transit
Development. The G.E.T. Board and staff need to leave this meeting
tonight with a feeling of the direction they should take and the
extent of cooperation they can expect from the City and Redevelop-
ment Agency. This would be of immeasurable assistance to the G.E.T.
Board in making the final decision. The Board does not expect a
decision to be made tonight by the three participating entities,
insofar as any particular transit site or facility is concerned.
There are many areas of concern; such as, should the decision be
made for a Chester Avenue or "K" Street transit way, the G.E.?.
Bakersfield, California, September 22, 1982 - Page 2
4.67
Board would be interested in obtaining an agreement with the City
for perpetual use of the transit way in order to ward off future
problems. Maintenance would be another concern. The mechanics of
a venture of this sort are complicated, however, it is recognized ~/
that we have a magnificent opportunity to make an outstanding,
prideful and lasting addition to Bakersfield. It should be kept
in mind that we are working under a pressure of time to apply for
these funds or they will be lost. Everyone is going to have to
work very quickly, with concentrated diligence in a joint effort,
because time is of the essence.
REPORT BY CITY MANAGER
City Manager Kelmar stated he felt it was very important
to have this joint meeting with everyone who will be involved with
this activity participating and expressing their concerns and
desires. The City finally has an opportunity to solve the downtown
transit problems. A tool
organization who has done
and been very success£ul.
is available and we have an excellent
this type of work in many other places
The City is finally at a point where,
once and for all, the downtown transit problems can be solved.
There is a certain amount of urgency in this matter, as far as the
need to make some kind of decision or give the consultants some
direction in the near future so the funds are not lost. If a
decision cannot be made tonight, it may be necessary to meet again
in the near future. The staff met with the Board of the Downtown
Business Association and presented the proposed concepts and they
have had a number of meetings with property owners and businessmen
on Chester Avenue. Staff has some concerns with traffic and,
hopefully, they can be pointed out tonight.
CONSULTANT'S REPORT
Mr. Bob Scales, representing Barton-Aschman Associates,
Inc., Consultants for the Bakersfield Downtown Transit Facility,
stated one thing that is absolutely essential to a Downtown Transit
468
Bakersfield, California, September 22, 1982 - Page 3
Facility, whether on- or off-street, is that the Council, Redevelop-
ment Agency, Transit Agency and downtown people all work as a co-
hesive unit that pulls together for the project, because only in
that manner will the maximum opportunities be gained that this
project presents. During the two months that Barton-Aschman have
been working on this project a lot of input has been gathered from
downtown merchants, G.E.T. Board, staff members and Redevelopment
Agency members. With the aid of slides, Mr. Scales reviewed the
Downtown Transit Facility Development and Comparison Alternatives
and outlined some of the problems in the downtown area with the
present transit system. The transit facility options developed by
Barton-Aschman were as follows:
1. Minimum improvements.
2. Chester Avenue, between 17th and 20th
Streets (on-street). Widening sidewalks,
landscaping and narrowing the roadway by
approximately 16 feet. Remove the curb
parking lanes and convert into sidewalk
space. Buses would stop along a larger
number of curb spaces than they now do,
thereby spreading out passengers.
This concept represents a 6 lane cross section on Chester
Avenue, as opposed to the 8 lanes now in existence, with the
additional space being given to sidewalks. The negative aspect of
this concept is that the auto carrying capacity would be decreased
from 6 to 4 lanes. At the present time this is an acceptable level
of service, but sometime in the future, with increased traffic
volumes, the additional cars will have to go somewhere else. "H"
Street has been suggested for a grade separation at the railroad
tracks.
Chester Avenue, between l?th and 20th
Streets (on-street). Sidewalks would be
knuckled out at the cross streets so that
an additional 10 feet on each side of the
street would become sidewalk. The street
would be narrowed from 85 feet to 46 feet.
The dimensions, which tend to inhibit
pedestrians from crossing the street, would
be cut in half and, hopefully, unify one
side of the street to the next.
Bakersfield, California, September 22, 1982 Page 4
469
On the two Chester Avenue alternatives the City would
lose 40 parking spaces on one and 25 on the other.
Full transit mall located on "K" Street
(on-street). Sidewalks would be widened
from the existing 15 feet to 23 feet and
parking removed on "K" Street. The City
would lose approximately 91 parking spaces.
In order to accommodate the number of necessary buses
into this facility, four blocks would be required instead of the
three mentioned for Chester Avenue. The basic design would have
travel way for buses, with three lanes, with the center lane
alternating from one side to the other to permit buses to bypass
one another. Sidewalks would be widened with amenities; such as,
wall planters, shade, etc., added and it would become more of a
pedestrian space. No automobiles would be permitted to use the
facility.
o
Off-Street Facility to handle 12-14 buses.
Buses would circulate around the central
concourse area with individual parking
spaces. The waiting area can be a relatively
clean design with concessions and air-con-
ditioned space for the passengers. Transfer
distance from one bus to another would be
substantially reduced. The prime location
for this facility would be west of Chester
Avenue, between 21st and 22nd Streets.
East of Chester Avenue has also been
suggested as an alternate location.
Three different options could be utilized for this
facility:
Half block £acility using a central con-
course area where 8 buses could circle
around, with parking for 4 buses. The
entire block could be used and have buses
circle around the entire block, off the
street right-of-way.
Left-hand design £or the parking lot behind
City Hall, however, G.E.T. has indicated
that this is not the best location from
their perspective. It would, however, tie
into the potential multi-mod~l terminal if
it was located south o~ the railroad tracks.
°
Transit park, whereby, the entire block
would be converted into a downtown park.
Buses would park around three sides of the
park, with no parking on Chester Avenue.
a
47O
Bakersfield, California, September 22, 1982 - Page 5
Barton-Aschman looked at potential sites for a ground
transportation center, or a multi-mod~l center, for Downtown
Bakersfield to serve Greyhound, Trailways, Orange Stages, air-
porters, Amtrak, etc. Floor plans for this type of facility
utilizes a great portion of the ground floor for bus operations,
with a portion set aside for other nontransportation uses to
integrate the facility for above ground development. The sites
that were investigated were:
1. Two block area west of Chester Avenue,
between 22nd and 23rd Streets. Functionally
this site works very well with respect to
inter-City bus carriers, but would not
serve Amtrak. Their economic analysis
shows less potential for joint development
than the other site.
2. Two block area behind the Kern County
Sheriff's Office, south of the railroad
tracks. This site seems right for a bus
terminal and would also serve Amtrak. A
prime potential tenant would be the State,
with approximately 40,000 square feet of
office space.
Mr. Scales further stated the Urban Mass Transit Agency
(U.M.T.A.), will participate in a on- or off-street transit facility
project up to a maximum of 80% of the cost. Funds have been
allocated to Bakersfield to enable a facility such as the alterna-
tives that have been proposed. There is still between 20% to 40%
that would have to be funded locally.
GENERAL DISCUSSION
In answer to a question by Councilman Ratty, Mr. Scales
stated they estimate the maintenance cost to be $50,000 per year.
Most cities, who have implemented transit malls or ways, have
devised a Mall Maintenance District, the cost of which can be
totally borne by the Transit Agency, split between the City and
Transit Agency, or split between the City, Transit Agency and
downtown business community.
Councilman Rockoff expressed his concern about transients
and vagrants using an on-street facility and stated he is leaning
towards some type of structure or building.
Bakersfield, California, September 22, 1982 - Page 6
47.1
Councilman Christensen stated, from what he now knows,
he favors an off-street facility with parking and a building. He
also feels the downtown businessmen and G.E.T. people should have
a tremendous amount of input on this proposal.
Agency Member Bilas stated he is intrigued by the Chestel.
Avenue Transit Mall and thinks it would be beautiful. He would be
interested in hearing from the businessmen on Chester Avenue as to
how they feel about it. One of the premises on which the Redevelop-
ment Agency works is to redevelop downtown to the benefit of the
community as a whole, particularly business firms. If Chester
Avenue is literally "roped off" will it do anything except create
a beautiful area with no business.
Mr. Sherman Gross, representing the Downtown Business
Association, stated they are totally against a bus system on
Chester Avenue, because 25-40 parking spaces would be lost, plus
one traffic lane in each direction and it would not be feasible
to make left-turns from Chester Avenue onto 18th or 20th Streets.
Chester Avenue is a major arterial and probably always will be.
The Downtown Business Association is in favor of a downtown off-
street parking structure. They feel the proposed bus system on
Chester Avenue will create a 3 block blight area, rather than being
confined to the present 1 block area. Bakersfield is very hot in
the summer and passengers would appreciate some type of terminal.
Action should be taken now.
Agency Member Moore stated in a meeting held last week
the Redevelopment Agency's Development Committee reviewed the
di£ferent options available and they were advised that the Downtown
Business Association was looking strongly at the Chester Avenue
proposal.
Mr. Gross stated the majority of the merchants feel an
off-street structure is the ideal situation. In answer to a
question by Agency Member Moore, Mr. Gross stated that the position
47'2
Bakersfield, California, September 22, 1982 - Page 7
Association.
needed. The
involved.
he previously stated represents unanimity of the Downtown Business
Their position is that an off-street structure is
location will have to be decided by the agencies
Agency Member Moore stated the Economic Development,
Transportation and Governmental Review Committees of the Chamber
of Commerce are studying this matter and will be meeting jointly,
this Friday with Mr. Scales and representatives of Barton-Aschman,
in hopes of coming before the Council, Redevelopment Agency and
G.E.T. with a recommendation.
Mr. Leon Rolnick, Downtown Businessman, stated he has
been a member of the Downtown Business Association for a long time
and he was not polled about his feelings in this matter.
Mr. Marvin Lipco, downtown property owner and Past
President of the Downtown Business Association, stated the Downtown.
Business Association'sbiggest concern was that, should the plan
using Chester Avenue as a bus terminal be chosen, the parking would
be lost and replacement parking is not being planned to compensate
for it. Nothing has been said, tonight, regarding plans to
alleviate the immediate problems downtown and they want those
tackled also.
Director of Public Works Hawley stated the circulation
map shows Chester Avenue, "H" Street, "L" Street and "Q" Street
as the major north-south arterials serving the downtown area.
Unfortunately, Chester Avenue is the only street that is served
by grade separations at the railroad tracks. Chester Avenue has
been improved over the years to the present 6 lanes, from Ming
Avenue on the south to the Kern River on the north, with the
exception of a small section at the Garces Traffic Circle. The
City has a program to improve the Garces Traffic Circle within the
next couple years. The previous studies that have been made, that
considered the circulation in the downtown area, show Chester Avenue
as being 6 lanes, from Union Avenue on the south to north of Oildale.
Bakersf±eld, Cal±£orn±a, September 22, 1982 - Page 8
The present traffic is 27,000 vehicles per day and the "Year 2000
Pedestrians," indicated 40,000 vehicles per day. The present level
of service for Chester Avenue, as defined by Traffic Engineers, is
Level "C", which is what most people would expect in a major streel;
in the downtown area. If 2 lanes are removed from Chester Avenue,
it would decrease the present level to something lower, unless there
were other alternatives provided to take care of the traffic; such
as, making "H" and "L" Streets more desirable. Some of the existing
traffic, and anticipated future traffic along Chester Avenue, could
be shifted to those streets. If there are any improvements along
Chester Avenue that decreases the number of travel lanes or level
of service, the entire picture will have to be looked at to provide
an alternative; such as "H" or "L" Streets, especially a grade
separation on "H" Street at the railroad tracks. Also, through the
transit mall area it would be necessary to restrict turning move-
ments off Chester Avenue or a modification from the plan so the
buses would set back further from the intersections. Mr. Hawley
stated he did not think it would have a great effect on California
Avenue or Freeway 178, but he is concerned about the north-south
streets that were mentioned.
Agency Chairman Lewis requested a letter of official
stand from the Downtown Business Association. Mr. Lewis asked
G.E.T. Board Chairman the amount of funds committed by the Federal
Government.
Board Chairman Binder stated the funds are not absolutely
guaranteed for this project. They must be applied for by a certain
date. They have been set aside, but are not guaranteed.
Mr. Ivo Keyset, General Manager of G.E.T., stated the
funds being applied for are approximately $4,000,000. The Urban
Mass Transit Agency ordinarily funds 80% of capital projects.
G.E.T. is making the assumption that they will fund 80% of the
transit terminal.
474
Bakersfield, California, September 22, 1982 - Page 9
In answer to a question from Agency Chairman Lewis, City
Manager Kelmar stated G.E.T. is hoping for some type of direction,
so they can make a decision and the consultants can do the necessary
work to file the application for funds.
Mr. Scales stated he does not believe a decision should
be made until the feelings of the downtown property owners and
businessmen are known.
City Manager Kelmar stated he wants to assure everyone
that the City is not sweeping the parking problems under the rug.
The Redevelopment Agency's Parking Committee has been dealing with
that issue. The Agency will be making certain recommendations, at
next Tuesday's meeting, in regard to the hiring of consultants, both
for design and bonding, for the parking lot at the northwest corner
of 18th and Eye Streets. The Downtown Business Association is con-
cluding their money raising effort for that particular lot. In the
very near future a parking structure will be erected on that lot.
In addition, the Parking Committee also has under consideration the
possibility of a parking structure at 18th and "K" Streets.
Meetings are planned with property owners who will give serious
consideration to the rehabilitation of their buildings, if there
is adequate parking.
Agency Member Richardson stated he feels a plan for the
organized redevelopment of the downtown area is needed and making
decisions at the last minute is not the way it should be done. By
this time the City should have several alternative locations and a
traffic pattern for this terminal.
Mr. Jimmy Sorenson asked for the locations of the proposed
bus terminal alternatives and suggested that teenagers be hired to
clean up the downtown area.
Agency Member Moore recommended that the subcommittees
of the City Council, Redevelopment Agency and G.E.T. meet with
the various organizations for their input, study the matter and
another joint meeting be held in two weeks.
Bakersfield, California, September 22, 1982 - Page 10
475
Councilman Ratty stated he is in favor of the Chester
Avenue option. If $3,000,000 is going to be spent, it should have
an impact on the City and hiding a little building on 24th Street
will not make an impression on the downtown area. He felt the
problem of the loss of parking spaces could be solved.
Ms. Laura Heath, Associate of a downtown £irm, stated
parking and the blight on 19th Street and Chester Avenue are the
two main problems downtown. For the City to grow and prosper funds
are needed from the citizens, and in order to grow the blight
problem will have to be solved. In order to stimulate sales the
downtown business district needs to be cleaned up and parking spaces
provided. Women will not go shopping downtown with the present
situation, because they do not feel safe. Ms. Heath stated she
feels the terminal should be off the street, because Chester Avenue
is a main arterial.
Agency Member Mooneyham stated, at this time, he favors
the off-street facility, but he is interested in obtaining a better
consensus of the downtown businessmen.
Councilman Payne stated he favors the off-street facility,
at this particular time. He feels the only logical site for the
multi-modal terminal is south of the railroad tracks behind the
County Courthouse. If a multi-modal terminal cannot be constructed,
then the only logical location for the terminal would be on "K"
Street, because that is the direction of growth and redevelopment
downtown.
Upon a motion by Agency Member Moore, seconded by Agency
Member Bilas, the Redevelopment Agency voted that the matter of a
transportation terminal for the downtown area be reviewed in depth
by the subcommittees of the City Council, Redevelopment Agency,
G.E.T., Downtown Business Association, Chamber of Commerce and
Kern COG, and another joint meeting be held two weeks from tonight
or possibly on Tuesday, October 5, 1982.
476
Bakersfield, California, September 22, 1982 - Page
Councilman Payne made a motion
transportation terminal for the downtown
by the subcommittees of the City Council,
that the matter of a
area be reviewed in depth
Redevelopment Agency,
G.E.T., Downtown Business Association, Chamber of Commerce and
Kern COG, and another joint meeting be he~d within two weeks.
G.E.T. Board Member Bovee stated G.E.T. cannot wait two
weeks for a decision. They must make the application by November
1st, and a decision should be made by the various organizations by
next week.
Mr. Scales suggested that a group visit U.M.T.A. and
express the fact that significant progress is being made on the
resolution of this issue and submit, to them, the minutes of this
meeting, preliminary report and final report. If it can be demon-
strated to U.M.T.A. that a decision will be made within a certain
time frame the funding cycle will probably not be missed. He is
not suggesting that the decision be put off until December or
January. It is just that this decision is so important that it
should not be rushed into.
At the suggestion of City Manager Kelmar, Councilman
Payne included in his motion the date of September 30, 1982, for
the next joint meeting.
Councilman Means stated September 30th is in conflict
with the Kern County Association of Cities Meeting, and suggested
that a time certain not be set for the joint meeting, because that
could be worked out later.
Councilman Payne stated he would remove the date of
September 30th and go back to his original motion that the joint
meeting be held as soon as possible.
Councilman Payne's motion that the matter of a trans-
portation terminal for the downtown area be reviewed in depth by
the subcommittees of the City Council, Redevelopment Agency, G.E.T.,
Downtown Business Association, Chamber of Commerce and Kern COG,
and another joint meeting be held within two weeks, was unanimously
approved.
Bakersfield, California, September 22, 1982 - Page 12
477
transit way is selected, a store-front
or purchased to provide an information
facilities.
Agency Chairm~n Lewis polled
members as to what type
Bilas -
Lewis -
Mooneyham -
Mr. Brent Casper stated an off-street facility would
provide public restrooms, which cannot be provided on Chester
Avenue.
Mr. Scales stated, if a Chester Avenue or "K" Street
property would be leased
center and public restroom
Moore
of
Off-Street.
Off-Street.
Off-Street, with more input
the community.
Abstained because there are
many unanswered questions and
many people who have not been
heard from.
the Redevelopment Agency
facility they prefer, as follows:
Richardson - Off-Street.
Winer - Chester Avenue.
Mayor Shell polled the Council members
of facility they prefer, as follows:
held on
Payne
Ratty
from
too
too
as to what type
- Mayor Shell stated Councilman Payne
previously stated Off-Street.
- Mayor Shell stated Councilman Ratty
previously stated Chester Avenue.
Christensen - Off-Street.
Rockoff - Off-Street.
Means - Off-Street.
City Manager Kelmar suggested
Tuesday, October 5, 1982.
that the joint meeting be
G.E.T. Board regarding meeting at 7:00 P.M. on Tuesday,
1982, and everyone indicated they could attend at that
before
Mayor Shell polled the Council, Redevelopment Agency and
October 5,
time.
ADJOURNMENT
Upon a motion by Councilman Christensen, joint meeting
the Council, Redevelopment Agency and G.E.T. Board of
478
Bakersfield, California, September 22, 1982 - Page 13
Directors regarding transit concepts for the Downtown Bakersfield
Area, was adjourned at 9:30 P.M.
Upon a motion by Agency Chairman Lewis, seconded by
Agency Member Mooneyham, joint meeting before the Council, Redevelop-
ment Agency and G.E.T. Board of Directors regarding transit concepts
for the Downtown Bakersfield Area, was adjourned at 9:30 P.M.
Upon a motion by G.E.T. Board Member Carter, seconded by
G.E.T. Board Member Bovee, joint meeting before the Council
Redevelopment Agency and G.E.T. Board of Directors regarding
transit concepts for the Downtown Bakersfield Area, was adjourned
at 9:30 P.M.
ATTEST:
)R of ty City of~Bakersfield, Calif.
CITY CLERK and E~ Officio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, September 29, 1982
479
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., September 29, 1982.
The meeting was called to order by Mayor Shell,
by the Pledge of Allegiance and a minute of silent prayer.
Present:
Absent:
followed
The City Clerk called the roll as follows:
Mayor Shell. Councilmen Strong, Barton. Christensen,
Payne, Ratty, Rockoff
Councilman Means
Minutes of the regular meeting of September 15, 1982,
1982,
and correction to minutes of regular meeting of August 18,
were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mrs. Vivian Velasco, 2621 Cedar Street, stated her son,
who attends Franklin School, was struck by a vehicle while crossing
Truxtun Avenue at "A" Street. He was not injured, but is very
frightened about crossing that street. Mrs. Velasco requested
hiring a crossing guard, installation of a traffic signal or some-
thing that would help the children cross safely. There are 28
children who cross that street with no help. According to Traffic
Engineer Jerry Hahs, it is mathematically feasible for someone to
cross that street. She watches each morning and the cars zoom
past that intersection. Sometimes Policemen have as many as 10
cars, at one time, pulled over and issue citations.
Public Works Director ttawley read a memorandum from
Traffic Engineer Jerry Hahs, dated September 29, 1982, regarding
Update of Traffic Studies at the Intersection of Truxtun Avenue
and "A" Street, as follows:
Investigations have been made to determine the
needs for adult crossing guards and additional
traffic control devices at the intersection of
Truxtun Avenue and "A" Street, due to Bakers-
field City School District's request.
School records indicate that 23 students may
be expected to cross Truxtun Avenue going to
and from school. From ten to thirteen elementary
480
Bakersfield, California, September 29, 1982 - Page 2
following
school students were observed crossing Truxtun
Avenue going to and from school during study
periods. Vehicular traffic volumes are
sufficiently light to provide gaps in traffic
allowing students to cross the street safely.
Using Institute of Transportation Engineers
(ITE), recommended practice methods for deter-
mining need for control at school crossings
and Caltrans Traffic Manual warrants for stop
signs and other devices, it was determined
that additional control is not needed at this
time.
The results of the study have been discussed
with Mr. George Palmer, Bakersfield City School
District Assistant Superintendent, and Mr.
Dennis Patrick, Franklin School Principal.
They are going to contact Bakersfield Police
Department to request training assistance from
the School Safety Officer. Lt. Middleton,
Bakersfield Police Department's Traffic Division,
concurs with recommendations of this report.
It is recommended that additional controls not
be considered at this time and surveillance of
this intersection be continued to determine
traffic changes.
Mrs. Pam Cochran, resident of Truxtun Avenue, read the
prepared statement:
As a parent of two children attending Franklin
Elementary School on Truxtun Avenue, I am here
tonight because of a grave concern I have for
the safety of my children and approximately 20
other children crossing Truxtun Avenue to get
to and from school.
I'm sure you are fully aware of the dramatic
increase in traffic on Truxtun Avenue since
the completion of the extension at Oak Street.
I have been advised by the City Public Works
Department that over 9,050 vehicles per day
are using Truxtun Avenue at this time. Last
year at this time there were between 2,000 to
3,000 vehicles, so it has more than doubled.
That figure is accurate, because it was checked
today with the Traffic Engineer. The other day
there were two separate accidents within hours
of each other involving a vehicle hitting some-
one on a bicycle in front of my house on Truxtun
Avenue. I feel and hope you do also, that this
street is far too busy now to be safe for children
crossing it alone.
I am told that someone has been taking count
of children walking to school and they have
only come up with 8 children. The school says
at least 20 children live where they have to
cross Truxtun Avenue. I like many parents
drive my children to school, so that these
children may not be counted but nevertheless
they do have to walk home.
Bakersfield, California, September 29, 1982 - Page 3
481
I have sat in my car for the last three weeks
and watched as Traffic Officers, using their
radar, issue tickets to many speeding cars.
They have pulled over at least 20 cars a
morning from 8:15 - 8:45. The first 2 mornings
of school I saw as many as 6 cars at a time
pulled over right in front of the school, in
a 25 mph zone.
I talked to the Police Department to inquire
just how many citations had been issued.
Sergeant Ragusa said that information was not
available, but he did mention to me that when
he's driving down Truxtun Avenue early in the
morning the sun is in his eyes and he can
hardly see. He felt that it would be difficult
to see pedestrians walking across the street.
I'm hoping you are already reviewing this
situation and sincerely hope it will be possible
to place a crossing guard or crosswalk on
Truxtun Avenue as soon as possible.
Public Works Director Hawley suggested that a meeting
be held between the Police Department's Safety Officer, Franklin
School Principal and concerned citizens to discuss the situation
and try to find a solution.
Police Chief Price stated the Safety Officer works with
all grammar schools and some junior high schools throughout the
school year to establish safe routes, walking safety, dangerous
strangers and bicycle safety. They do not act as crossing guards,
because of lack of time. The Police Department would be happy to
send the Safety Officer to Franklin School to meet with the children
for instruction.
CORRESPONDENCE
Upon a motion by Councilman Rockoff, communication from
the Camellia Society of Kern County, dated September 17, 1982,
urging the Council to select the Camellia as the Official City
Flower, was received and referred to the Budget Review and Finance
Committee.
Upon a motion by Councilman Christensen, communication
from Gannon Enterprises, Inc., dated September 21, 1982, requesting'
that the City lease them property located in Beach Park and remove
the restriction that the property must be used for recreational
Bakersfield, California, September 29, 1982 - Page 4
purposes only, was received and referred to the Auditorium-
Recreation Committee for study and recommendation.
Upon a motion by Councilman Christensen, communication
from the Kern County Property Management Department, dated
September 20, 1982, regarding proposed release of Deed Restriction
on property located in Beach Park, was received and referred to
the Auditorium-Recreation Committee for study and recommendation.
Upon a motion by Councilman Strong, communication from
Roland S. Woodruff, Attorney for the Greater Bakersfield Separation
of Grade District, dated September 23, 1982, regarding Proposed
Union Avenue Grade Separation Project, was received and referred
to the Intergovernmental Relations Committee.
Upon a motion by Councilman Christensen, communication
from Gannon Enterprises, Inc., dated September 21, 1982, proposing
the creation of an Historical Square in the area of 19th and "G"
Street, was received and referred to staff.
Upon a motion by Councilman Strong, communication from
Carnation, 5045 Wilshire Boulevard, Los Angeles, California, dated
September 23, 1982, regarding Carnation Company-Highland Towing
Service Lease, was received and ordered placed on file.
Upon a motion by Councilman Rockoff, communication from
The Penstar Group, 1991 North Gateway Boulevard, Fresno, California,
dated September 23, 1982, regarding Proposed 274 Unit Apartment
Complex and 300 Unit Apartment Complex in Southwest and Northeast
Bakersfield respectively, was received and referred to the Budget
Review and Finance Committee.
Upon a motion by Councilman Rockoff, communication from
Bakersfield S.P.C.A., dated August 27, 1982, regarding citing
animal owners under current Municipal Code Sections, was received
and referred to the Budget Review and Finance Committee.
COUNCIL STATEMENTS
Councilman Rockoff read a letter he received from Warner
Amex Cable Communications, Inc., as follows:
Bakersfield, California, September 29, 1982 - Page 5
483
September 21, 1982
Councilman Arthur L. Rockoff, Chairman
Budget Review and Finance Committee
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, California 93301
Dear Councilman Rockoff:
In recognition of the City Council's decision
of 15 September 1982 to refer the matter of "TV
complaints" to your committee for review and
recommendations, let me assure you that we will
cooperate in any and all reasonable ways in
supplying you with any information, comments,
tours of our facilities, recommendations, etc.,
which you may desire while considering this
matter. In fact, I would like very much to
meet with your committee at your earliest con-
venience to discuss this situation, and the
standards and methods we employ in our attempts
to provide the best customer service possible.
I would be particularly delighted if this
assignment for your committee resulted in at
least one important recommendation. Specifi-
cally, I refer to development of an effective
receipt/distribution/follow-up procedure by
the City to deal, on a day-to-day basis, with
any complaints received that refer to cable
television. I am interested in the development
of such a process and the active, cooperative
involvement of all parties concerned for two
principal reasons:
To insure that any complaints received are
transmitted to the responsible operator for
timely action, and that notification be
automatically provided to the City as to
the outcome of such action.
The proper attribution of all complaints
received is critical. Recent conversations
with several officials of the City made it
quite clear to me that some official parties
are confused as to the actual source(s) of
complaints, and subsequent follow-up.
Again, I would like very much to discuss this
matter with you and your committee, along with
any other matters you may choose. I hope to
hear from you soon.
Sincerely,
Christopher B. Forgy
General Manager
Upon a motion by Councilman Rockoff, letter from Warner
Amex Cable Communications, Inc., dated September 21, 1982, was
received and ordered placed on file.
484
Bakersfield, California, September 29, 1982 - Page 6
Councilman Rockoff, referring to a memorandum from
Assistant City Manager-Finance Higginbotham regarding Estimated
Contingency Tax Liability o£ June 30, 1982, stated he is always
concerned when the City has a contingency liability of this
magnitude (almost $1,500,000), and asked what the City is doing,
what can be done and what is being provided should this become a
reality.
City Manager Kelmar stated this liability results from
lawsuits brought against the County by the Independent Oil Producers.
The first court decision was in favor of the County, which will
probably be appealed. This will be a lengthy process and the City
should have plenty of warning in order to plan for it. The City
has available a cash basis reserve, which under emergency situatior~s
can be used. The other option would be to reserve funds on an
annual basis.
Councilman Rockoff suggested that this be considered
during the next budget hearings in order to provide some funds for
a contingency.
Councilman Christensen stated he provided each Council-
man with a sample ordinance restricting smoking in public buildings
and requested that they read it as he plans to ask for a vote on
it at a later date.
Mayor Shell asked for and received approval for the City
to dedicate two redwood trees at the time the Mayor and delegation
from our Sister City, Wakayama, Japan, are in Bakersfield.
REPORTS
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 29-82 regarding Request of
Panama Union School District, as follows:
Recently, the City Council received a request
from the Panama Union School District to adopt
an ordinance in compliance with Senate Bill 201.
The ordinance authorizes the City Council to
require dedication of land or fees, or both,
by subdividers and builders who desire to
Bakersfield, California, September 29, 1982 - Page 7
485
construct new housing developments in school
districts which are determined to be over-
crowded. The City Council referred the matter
to the Budget Review and Finance Committee for
study and recommendation.
This Committee has met with members of the staff
and officials and staff members from the Panama
School District. During our meetings, we dis-
cussed the matter at length including the over-
crowded conditions of the Panama School District
and documents they furnished supporting their
findings, the necessity of the City Council to
enact an ordinance for the purpose of relieving
the overcrowded conditions, and heard input and
suggestions from various builders and developers.
Pursuant to our discussions, it was concluded
by all those present at the meetings that over-
crowding conditions did exist in the Panama
School District and that all reasonable means
of mitigating the overcrowding had been con-
sidered. It was further noted that continued
residential development will increase the
student population of overcrowded school
districts, thereby intensifying such conditions
of overcrowding. The proposed ordinance pro-
vides the tool necessary for the implementation
of fees on residential development to provide
a method of financing interim school facilities.
The proposed ordinance includes provisions for
the City Council to adopt a resolution setting
forth the fees imposed upon residential develop-
ment. Prior to adoption of the resolution, the
City Council must hold a public hearing on the
proposed fees.
Therefore, this Committee recommends the City
Council adopt the ordinance implementing the
provisions of Section 65970 of the California
Government Code. Further, this Committee
recommends that the public hearing and adoption
of the resolution setting forth the fees not
be adopted until such time as the County of
Kern adopts a similar resolution for the
Panama School District and sets fees for the
relieving of overcrowding conditions in that
portion of the school district in the County
of Kern and outside the City Limits.
Councilman Christensen asked what portion of the Panama
School District is in the County and what portion in the City.
Mr. Bill Williams, Superintendent of Panama School
District, stated the portion north of Panama Lane is in the City,
comprising approximately 85% to 90% of the student population.
The portion south of Panama Lane is in the County.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 29-82 regarding Request of Panama
Bakersfield, California, September 29, 1982 - Page 8
Union School District, was accepted; and recommendations as out-
lined in the report, were approved, as per the following roll call
vote on Ordinance No. 2780.
Adoption of Emergency Ordinance No.
2780 New Series of the Council of
the City of Bakersfield adding
Chapter 15.70 to Title 15 of the
Bakersfield Municipal Code relative
to School Facilities.
Upon a motion by Councilman Rockoff, Emergency Ordinance
No. 2780 New Series of the Council of the City of Bakersfield
adding Chapter 15.70 to Title 15 of the Bakersfield Municipal Code
relative to School Facilities, was adopted by the following roll
call vote:
Ayes:
Councilmen Strong, Barton, Christensen, Payne, Ratty,
Rockoff
Noes: None
Absent: Councilman Means
Councilman Ratty, Chairman of the Water and City Growth
Committee, read Report No. 7-82 regarding Historic Preservation
Commission Ordinance, as follows:
On September 10, 1982, the proposed ttistoric
Preservation Ordinance was reviewed by this
Committee. Based on correspondence received
regarding this issue, the Committee invited
representatives of the Bakersfield Board of
Realtors and the Greater Bakersfield Chamber
of Commerce to a meeting in order to discuss
specific issues.
It was determined that during the past four
months, a number of informational presentations
were made to local groups. These groups in-
cluded the Chamber of Commerce, the Board of
Realtors and the Kern County Historic Society
Executive Board. In addition, the Redevelop-
ment Agency reviewed the ordinance and recom-
mended its adoption to the Council.
The Board of Realtors and the Chamber of
Commerce both raised several issues relative
to the protection of property rights and what
they perceive to be a potential undermining
of these rights in language contained in the
original draft of the proposed ordinance.
Another suggestion was made by the Board of
Realtors to include a member of the realtor
community on the Commission. Still another
Bakers£ield, California, September 29, 1982 - Page 9
4S7
issue raised by several other groups was in
relation to the appointment process. It was
suggested that the responsibility for appoint-
ments should remain in the hands of the various
Council members making the original appoint-
ments. They were of the opinion that this
change would insure a more balanced represen-
tation on the Commission.
These recommended changes have been incorporated
into the amended ordinance, and based upon
comments received from both the Board of
Realtors and the Chamber of Commerce, these
changes adequately address the issue that
concern these groups.
Based upon this, it was agreed unanimously by
this Committee to recommend the adoption of
the Historic Preservation Ordinance with the
recommended changes outlined.
This ordinance received its first reading on
August 18, 1982, and was referred to the Water
and City Growth Committee. This will be con-
sidered as the second reading.
Mr. John Garone, President of the Bakersfield Board of
Realtors, read the following Policy Statement of the Board of
Directors of the Bakersfield Board of Realtors:
The Bakersfield Board of Realtors, today,
endorsed the adoption of the proposed ordinance
governing the designation, preservation and
perpetuation of Historic and Scenic Properties.
Much of what we opposed in the original draft
of the ordinance has been changed, eliminating
most of our original objections.
We still have reservations concerning the use
of the power of Eminent Domain for any purpose
which is not directly re~ated to public health
and safety. We are relying on the good govern-
ment we enjoy in this City to assure that this
power shall never be used for the taking of a
private property in a manner or circumstance
which is unfair or unjust.
We believe that the issue of Historic Preservation
is important enough to proceed with the adoption
of this ordinance with the safeguards which have
been written into the proposal since our last
appearance before the Council on August 18, 1982.
We appreciate the cooperation of your staff
people and of the City Council which brought
the requested changes, and we are happy to
appear before you tonight giving our endorse-
ment to the adoption of the Historic Preservation
Ordinance.
Bakersfield, California, September 29, 1982 - Page l0
Upon a motion by Councilman Ratty, Water and City Growth
Committee Report No. 7-82 regarding Historic Preservation Commission
Ordinance, was accepted.
Adoption of Ordinance No. 2781 New
Series of the Council of the City of
Bakersfield creating a Historic Preser-
vation Commission and establishing
rules and regulations governing the
designation, preservation and
perpetuation of Historical and
Scenic Properties.
Upon a motion by Councilman Ratty, Ordinance No. 2781
New Series of the Council of the City of Bakersfield creating a
Historic Preservation Commission and establishing rules and
regulations governing the designation, preservation and perpetuatic.n
of Historical and Scenic Properties, was adopted by the following
roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Payne, Ratty,
Rockoff
Noes: None
Absent: Councilman Means
Councilman Payne announced that at the request of
Councilman Means, who is absent tonight, Governmental Efficiency
and Personnel Committee Report No. 9-82 regarding Data Processing
Division Reorganization will be deferred for one week.
City Manager Kelmar reported, as directed by the Council,
he made a presentation before
Thursday evening on behalf of
Benefit No. i and No. 7 Taxes.
the Kern County Water Agency last
the City regarding the Zone of
At a previous Council Meeting he
indicated the City had certain concerns regarding Zone of Benefit
No. 7 Tax and authorization was requested to make comments on that,
as well as Zone of Benefit No. l, before the Kern County Water
Agency. The Council was furnished with a memorandum and attachment
which explains the concerns the City has with the Zone of Benefit
No. 7 Tax. The schedules indicate that the Zone of Benefit No. 7
is the tax that is paid by all property owners in Improvement
Bakersfield, California, September 29, 1982 - Page
District No. 4, which pays for the cost of water brought into
Improvement District No. 4. The first column indicates the 1981-82
assessed valuation for each of those areas. The second column
indicates the relative percentage of Zone of Benefit No. 7 that is
represented by that assessed valuation. The sum at the bottom of
the third column is the total entitlement for 1981 and represents
the actual amount of acre feet that was paid by each of the areas
during that year as represented by their assessed valuation. The
final column indicates the Improvement District No. 4 Water Treat-
ment Plant entitlement in number of acre feet that has been
allocated to the entities. North o£ the River and East Niles
Community Service District have a benefit far in excess of the
water they are actually paying for. This means the City of Bakers--
field's residents and remaining unincorporated area are paying for
that water. It was pointed out to the Kern County Water Agency
that this is a very inequitable situation and, hopefully, they
will deal with this issue when they make their determination, as
far as the Zone of Benefit No. 7 Tax for the coming year is con-
cerned.
CONSENT CALENDAR
The following items were listed on the Consent Calendar
(a) Allowance of Claims Nos. 1328 to 1792,
inclusive, in the amount of $1,308,489.12.
(b) Claim for Damages and Personal Injuries
from Anthony Bacon, 2191 Harbor Boulevard,
Costa Mesa, California. (Refer to City
Attorney)
(c) Claim for Damages from Shabbir Y. Jama-
luddin and Umaima S. Jamaluddin, 4129
Cabernet, Bakersfield. (Refer to City
Attorney)
(d) Claim for Damages from Magnum Force Men's
Softball Team, l100 Fairway Drive,
Bakersfield. (Refer te City Attorney)
(e) Claim for Damages from Allstate Insurance
Company on behalf of Jon Rawlings, 125
Washington Avenue, Oildale. (Refer to
City Attorney)
490
Bakersfield, California, September 29, 1982 - Page 12
(f)
(g)
(h)
(i)
(J)
(k)
(1)
(m)
(n)
Claim for Damages from Kelley Shawn
Carpenter, 5104 Eastridge Court, Bakers-
field. (Refer to City Attorney)
Claim for Damages from Gerald M.
428 Chester Avenue, Bakersfield.
to City Attorney)
Brock,
Refer
Claim for Damages from Elias Damo 3108
Sterling Road, Bakersfield. (Refer to
City Attorney)
Grant Deed from Loma Vista Construction
providing for a drainage retention basin
as required by the Planning Commission
for Tract No. 4181, located on the east
side of Hughes Lane and south of Fairview
Road.
Line of Sight Easement from Tenneco Realty
Development Corporation providing an ease-
ment for line of sight as required by the
Planning Commission for Parcel Map No.
6643, located north of Ming Avenue and
west of Manning Street.
Road Easements and Water Pipeline Easement
from Tenneco Realty Development Corporation
as required by the Planning Commission for
Parcel Map No. 6547, located north of Ming
Avenue, on the east side of Old River Road.
Maps of Tract No. 4181, Units "A" & "B",
and Improvement Agreement with Loma Vista
Construction for construction of improve-
ments therein, located on southeast corner
of Hughes Lane and Fairview Road.
Improvement Agreement for Parcel Map No.
6642 with Rosedale Business Center, Ltd.,
for construction of improvements required
by the Planning Commission, located on
southwest corner of Rosedale Highway and
Freeway 99.
Notices of Completion and Acceptance of
Work on:
City of Bakersfield Wastewater Treatment
Plant No. 3, Interim Improvements, Contract
No. 81-52 with P. R. Field, Inc.
Tract No. 4315, Contract No.
Donald P. Chandler, located
Court, east of Real Road.
80-73 with
at Chandler
Tract No. 4395 "B", Contract No. 82-97
with U. S. Home Corporation, located at
Dunsmuir and Business Center Drive.
Lots 28 thru 35 of Parcel Map No. 3939,
Contract No. 79-4 with Roy G. Lutrel,
located on east side of Union Avenue,
south o£ Planz Road.
Bakersfield, California, September 29, 1982 - Page 13
491
(o)
Application for Encroachment Permit from
Louis A. Negre, 2924 Linden Avenue,
Bakersfield, for construction of a 4 foot
high, open mesh, chain link fence to be
located behind sidewalk area on Tulare
Street and Niles Street, at 431 Niles
Street.
(p) Plans and Specifications for Bakersfield
Senior Citizens Center at 530 - 4th Street.
(q)
Request from Martin-Mcintosh for Waiver
of Signatures for Parcel Map No. 6594,
located south of West Columbus Street,
between "Q" Street and San Dimas Street.
(r)
Supplemental Agreement between Southern
Pacific Transportation Company and the
City of Bakersfield providing for
installation, by Tenneco Realty Develop-
ment Corporation, of 42 inch sewer main
under the Southern Pacific rails near
Gosford Road in lieu of the previously
proposed 36 inch pipe.
(s)
Contract Change Order No. 2 to Contract
No. 82-117 with A. C. Electric Company
for Traffic Signal Modifications at Mt.
Vernon Avenue and Columbus Street. This
Change Order replaces existing wiring at
the intersection of Mt. Vernon Avenue and
Columbus Street. During construction it
was found that the existing conductors
were deteriorated to the extent of
requiring total replacement. The cost of
the change is $7,500. Total contract
price as a result of the Change Order is
$49,200.
Upon a motion by Councilman Payne, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), 1), (m), (n), (o), (p),
(q), (r) and (s) of the Consent Calendar were adopted by the
following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Payne, Ratty,
Rockoff
Noes: None
Absent: Councilman Means
ACTION ON BIDS
Adoption of Resolution No. 113-82 of
the Council of the City of Bakers-
field awarding the Contract for the
construction of certain public works
of improvement in a Special Assessment
District.
4'92
Bakersfield, California, September 29, 1982 - Page 14
Upon a motion by Councilman Ratty, Resolution No. 113-82
of the Council of the City of Bakersfield awarding the Contract
for construction of certain public works of improvement in Assess-
ment District No. 81-1 to Brown & Boles Plumbing Company, Inc., in
the amount of $461,535.37, was adopted, all other bids rejected
and the Mayor was authorized to execute the contract, by the
following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Payne, Ratty,
Rockoff
Noes: None
Absent: Councilman Means
Upon a motion by Councilman Barton, low bid of Downs
Grading and Excavating, in the amount of $37,500, for Annual Contract
for Operated Drag Line, was accepted, all other bids rejected and
the Mayor was authorized to execute the contract.
Upon a motion by Councilman Christensen, low bid of
Tri-County Elevator Company, in the amount of $5,350, for Elevator
Earthquake Modifications, was accepted and the other bid rejected.
Upon a motion by Councilman Payne, usual bidding require-
ments were dispensed with, in accordance with Section 3.20.060 of
the Municipal Code, and the Finance Operations Manager was
authorized to negotiate a price with Motorola Communications for
one desk model and ten portable two-way radios for the Police
Department, not to exceed the budgeted amount of $19,100.
Award of bid to second lowest bidder
for Drainage Improvements in Kings-
land Avenue and Bernard Street
Retention Basin.
Assistant City Manager-Finance Higginbotham stated Micon
Construction Company submitted a request to withdraw their bid
because they made a mistake on the bid document and would be unable
to perform the work for that amount. The City Attorney's Office
reviewed the request and concluded that the Council may allow Micon
to withdraw their bid. The next lowest bid from W. M. Lyles
Company, in the amount of $68,107.50, is an acceptable bid and is
within the amount budgeted.
Bakersfield, California, September 29, 1982 - Page 15
493
Upon a motion by Councilman Payne, Micon Construction
Company was allowed to withdraw their low bid, in the amount of
$60,283.05, and next lowest bid of W. M. Lyles Company, in the
amount of $68,107.50, for Drainage Improvements in Kingsland
Avenue and Bernard Street Retention Basin, was accepted, all other
bids rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Rockoff, low bid of E. & S.
Electrical Construction, in the amount of $102,347, for Traffic
Signal System Modifications on "L" Street at Truxtun Avenue, 17th,
18th, 19th, 20th and 21st Streets, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Payne, low bid of Granite
Construction for the Base Bid and Units A & B, in the amount of
$206,848, for resur~acing portions of Gosford Road, Ming Avenue
and Ashe Road, was accepted, all other bids rejected and the Mayor
was authorized to execute the contract.
Upon a motion by Councilman Payne, low bid of Credence
Construction for the Base Bid, in the amount of $42,390.50, for
construction of Wastewater Treatment Plant No. 3, Interim Effluent
Discharge System, was accepted, all other bids rejected and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Strong, bid of McCowan's
Construction, in the amount of $19,871, for construction of Women's
Restroom Facilities at the Corporation Yard, was accepted and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Rockoff, low bid of Casa
Moore Carpet, Inc., in the amount of $4,792, for Carpets and Drapes
for remodeling the East
other bids rejected.
Adoption
Wing of City Hall, was accepted and all
DEFERRED BUSINESS
of Ordinance No. 2782 New
Series of the Council of the City of
Bakersfield amending Chapters 2.08,
2.72 and 2.84 of Title 2 of the
Bakersfield Municipal Code relative
to Administration and Personnel.
494
Bakers£ield, California, September 29, 1982 - Page 16
These amendments incorporate the changes relating to
working conditions as negotiated with the employee groups for
Fiscal Year 1982-83.
Upon a motion by Councilman Christensen, Ordinance No.
2782 New Series of the Council of the City of Bakersfield amending
Chapters 2.08, 2.72 and 2.84 of Title 2 of the Bakersfield Munici-
pal Code relative to Administration and Personnel, was adopted by
the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Payne, Ratty,
Rockoff
Noes: None
Absent: Councilman Means
NEW BUSINESS
Adoption of Resolution No. 114-82 of
the Council of the City of Bakers-
field setting salaries and related
benefits for Officers and Employees
of the City of Bakersfield.
This resolution establishes the salaries and related
for officers and employees of the City of Bakersfield as
benefits
negotiated for Fiscal Year 1982-83.
Upon a motion by Councilman Strong, Resolution No. 114-82
of the Council of the City of Bakersfield setting salaries and
related benefits for Officers and Employees of the City of Bakers-
field, was adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Payne, Ratty,
Rockoff
Noes: None
Absent: Councilman Means
Approval of Lease Agreement between
the City of Bakersfield and County
of Kern for California Avenue Park
Neighborhood Facility.
Under the terms of this agreement the City will continue
to lease to the County office space within the California Avenue
Park Neighborhood Facility for the County's Probation Department.
The agreement includes a rent increase to cover the increase in
maintenance and utility costs.
Bakersfield, California, September 29, 1982 - Page 17
495
Upon a motion by Councilman Strong, Lease Agreement
between the City of Bakersfield and County of Kern for California
Avenue Park Neighborhood Facility, was approved and the Mayor was
authorized to execute same.
Approval of Month-to-Month Lease
Agreement between the City of Bakers-
field and Nomad Bowmen, Inc., for
approximately 27 acres along the
Kern River.
Upon a motion
Lease Agreement between
Inc., for approximately
and the
Council,
adjourned at 9:10 P.M.
by Councilman Christensen, Month-to-Month
the City of Bakersfield and Nomad Bowmen,
27 acres along the Kern River, was approved
Mayor was authorized to execute same.
ADJOURNMENT
There being no further business to come before the
upon a motion by Councilman Christensen, the meeting was
ATTEST:
City' of~akersfield, Calif.
CITY CLERK and x Officio Clerk of the Council
of the City of Bakersfield, California
ma