HomeMy WebLinkAboutOCT - DEC 1982496
Bakersfield, California, October 5, 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., October 5, 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 minute of silent prayer.
The City Clerk called the roll of the Council as follows:
Present: ~iayor Shell. Councilmen Barton, Christensen, Payne,
Ratty, Rockoff, Strong
Absent: Councilman Means
The City Clerk called the roll of the Agency as follows:
Present: Agency Members Bilas, Clausen, Lewis, Mooneyham, Moore,
Richardson
Absent: Agency Member Winer
The City Clerk called the roll of the Board as follows:
Present: Board Members Binder, Bovee, Carter, Frazier, Itall
Absent: None
OPENING REMARKS
Mayor Shell stated the Board of Directors of Golden
Empire Transit (G.E.T.), has been delegated as the lead agency
regarding the application for funds for transit purposes in Down-
town Bakersfield. This meeting is being held for G.E.T.'s benefit,
so they can make a determination which direction should be taken.
G.E.T. is seeking input from the Council, Redevelopment Agency and
the public who have an interest in the downtown transit needs.
G.E.T. Board Chairman Rozella Binder stated they are
present tonight to hear input regarding a Transit Facility for
Downtown Bakersfield. A consensus was not reached at the joint
meeting held September 22, 1982. The G.E.T. Board will not be
able to stay at this meeting until a late hour because they have
a regular Board ~eeting scheduled later this evening. G.E.T. has
not made a decision on this matter. It is the consensus of the
Board that they will be willing to participate, on a 50-50 basis,
Bakersfield, California, October 5, 1982 - Page 2
497
with the City and/or Downtown Business Association in the financing
of a Maintenance District for the downtown area. This would be an
interim measure to try to clean up the present problem downtown.
G.E.T. is also willing to participate in a joint venture regarding
the maintenance problems of any future facility, whether on- or
off-street. It is hoped that the G.E.T. Board can leave this
meeting tonight with a more settled version of exactly what
direction they should take. They would like to please as much of
the community as possible.
Agency Chairman Lewis stated the only input the Redevelop-
ment Agency has received was at their meeting last Tuesday, which
was a very sketchy recommendation for a Chester Avenue, from 17th
Street to 21st Street, Transit Mall with a terminal on the half
block at 21st Street and Chester Avenue. This recommendation
failed to pass on a vote of the Agency ~embers.
REPORT OF CITY MANAGER
City Manager Kelmar reported the purpose of this report
is to attempt to bring everyone up to date on what has occurred
since the last joint meeting. At the prior meeting it was indicated
that the Downtown Business Association had taken a position on thi~
subject, but at a subsequent Redevelopment Agency Meeting, on
~eptember 8, 1982, Mr. Jim Treanor, President of the Downtown
Business Association, indicated that was not the case. Mr. Treanor
indicated a Committee of the Downtown Business Association had been
appointed to study the subject and later this evening the results
of their recommendation will be presented. At the same Redevelop-
ment Agency Meeting, Agency Member Rollie Moore suggested another
alternative, which was not a part of the Barton-Aschman Study. In
essence, this alternative is a compromise of all concerns. It is a
combination of a mall and off-site transfer station. The Agency
suggested that this alternative be pursued with the consultants
and the Urban Mass Transit Agency U.M.T.A.).
498
Bakersfield, California, October 5, 1982 - Page 3
Mr. Bob Scales, representing Barton-Aschman Associates,
Inc., Consultants for the Bakersfield Downtown Transit Facility,
stated he was requested to develop a concept of Agency Member
Moore's suggestion, which is a three block on-street facility along
Chester Avenue, between 18th and 21st Streets, thereby, moving the
Chester Avenue options one block north. An integral part of this
facility would be an off-street terminal
waiting by passengers transferring buses.
would also provide space for information,
to facilitate longer term
The off-street facility
restrooms and possibly
concessions to help off-set operation costs. Mr. Scales presented
a sketch he prepared this afternoon of the option as proposed by
Agency Member Moore.
City Manager Kelmar stated the Council's Voucher Approval
Committee met to discuss this subject and determine the following:
1. They are interested in the results of
Agency Member ~oore's concept.
2. An off-site station should probably be
located in an area that will facilitate
the redevelopment process.
3. They desire input on how the property
owners on Chester Avenue would perceive
the impact of any improvements on Chester
Avenue on their property values.
Yesterday afternoon a meeting was held and approximately
15-20 businessmen and property owners attended. City staff
attempted to contact as many property owners and businessmen on
Chester Avenue, in the affected area, as possible. Virtually,
everyone expressed a desire in the transit mall option. Through
the meetings and discussions with many interested people and the
previous joint meeting it
areas of concern:
1.
2.
3.
4.
5.
6.
is very clear there are basically six
Traffic.
What is the urgency for a decision?
Restrooms.
Parking.
Maintenance and security.
An interim solution to the problem at
19th Street and Chester Avenue.
Bakersfield, California, October 5, 1982 - Page 4
499
Director of Public Works Hawley presented three outlines
on the Level of Service for traffic that can be expected along
Chester Avenue, between 17th and 21st Streets, with and without a
transit mall. Also shown are the traffic needs to handle the
north-south traffic in the central business district through the
year 2000. These needs are based on Level of Service "D", which
is acceptable in the downtown area, with Level of Service "E" and
"F" requiring traffic improvements or changes. The most desirable
Level of Service is "A" and the least desirable is "F". Level "A"
would have free traffic flow, low volume, high operating speed and
easy maneuverability. Level "F" would have forced flow, volumes
lower than capacity due to very low speeds and excessive backup of
vehicles at traffic signals.
~ost downtown business d~stricts have either a Level of
Service "C" or "D". The present Level of Service along Chester
Avenue would be something similar to Level "C". In other words,
stable flow, high volume, speed and maneuverability determined by
traffic conditions. An example of Level "D" would be Ming Avenue
in the vicinity of Valley Plaza. An example of Level "E" would be
24th Street, between Oak Street, Pierce Road and Highway 99.
Another example of Level "D" would be the intersection of California
Avenue and Oak Street before the existing improvements were made.
Mr. Hawley then reviewed the Level of Service on Chester
Avenue, between 17th and 21st Streets, without a mall, as follows:
No traffic improvements
Prohibit Left Turns
Construct "H" Street with
Railroad Separation
Construct "L" Street with
Railroad Separation
Traffic Needs:
1.
2.
Year Year Year
1982 1990 2000
C D E
B D D-E
B C C-D
A B B-C
Prohibit Left Turns by 1990.
Construct "H" Street with Railroad
Grade Separation by 2000.
5O0
Bakersfield, California, October 5, 1982 - Page 5
Avenue,
Mr. Hawley reviewed the Level of Service on Chester
between 17th and 21st Streets, with a mall, as follows:
Year Year Year
1982 1990 2000
D-E F F
No other traffic improve-
ments
Prohibit Left Turns D E E
Construct "H" Street with C D D-E
Railroad Separation
Construct "L" Street with B C C-D
Railroad Separation
Traffic Needs:
1. Prohibit Left Turns by 1982.
2. Construct "H" Street with Grade
Separation by 1990.
3. Construct "L" Street with Grade
Separation by 2000.
In summary, left turns would have to be prohibited
almost
immediately after construction is completed on the mall. Then
sometime around the year 1990 an "H" Street grade separation would
have to be constructed. Sometime after the year 2000 it may be
necessary to make improvements along "L" Street, including a
possible grade separation.
City Manager Kelmar stated the next issue is the urgency
of a decision. People are very concerned about the possibility of
losing the Urban Mass Transit Agency funds and it appears there is
some urgency to have some type of application filed by the end of
this year.
The next area of concern is restrooms. Obviously any
off-site terminal or transfer station would contain restroom
facilities. If a mall concept is considered there needs to be a
commitment, when the decision is made, that provisions be made for
restrooms in the mall area.
The next issue is parking. There is no question that
there will be a loss of parking as the result of the mall concept.
There are business owners who are quite concerned about losing
Bakersfield, California, October 5, 1982 - Page 6
parking spaces in front of their buildings. However, there are
things taking place, namely, the parking structure at 18th and
Eye Streets. Hopefully, if favorable consideration is received,
a parking structure on 18th and "K" Streets will be erected. That
concern can be mitigated by the parking structures.
Another area of concern, with the mall concept, is
maintenance and security. That is a very real concern, because
of litter and the type of problem that exists at 19th Street and
Chester Avenue. No one wants to see four blocks o£ that type of
situation. It was very pleasing to hear a commitment from G.E.T.
that they are willing to participate in a Maintenance District, and
as a result of that he would be willing to recommend to the Counci~L
that the City participate in the maintenance and security of a malZ[,
if it is selected.
The other area of concern is an interim solution for 19th
Street and Chester Avenue. He was very pleased about the commit-
ment from G.E.T. to participate in a solution to the maintenance
problems that presently exist and would recommend that the Council
become involved in attempting to maintain that area. He also
understands G.E.T. has discussed the possibility of making some
operational changes in the present system, which would tend to
relieve the congestion at
of time the buses stop at
Association has been very
that corner, as well as, change the amount
that location. The Downtown Business
concerned about that problem and, hope-
fully, between the operational changes and the City participating
in the maintenance it is felt the existing problem will be corrected.
When the report was prepared he had a great deal of
concern and could not come to a conclusive decision on either
alternative, mall or off-site facility. He felt there needed to be
a commitment on the part of G.E.T. to become involved in the cost
of maintenance and providing restroom facilities. G.E.T. has now
made a commitment, as far as a policy change is concerned, and that
505
Bakersfield, California, October 5, 1982 - Page 7
is a very critical point. Due to these concerns the terminal
appeared to be a better alternative, however, there was a question
regarding the proposed location and, he felt, it should assist in
the redevelopment process. He was also concerned because the buses
would still be going up and down Chester Avenue and did not know
if the off-site proposal would solve all those problems. The most
appealing option appeared to be the one proposed by Agency Member
Moore, because it seems to achieve all the objectives and he still
believes it is probably the best alternative. Whether it is
feasible and U.M.T.A. will accept it remains to be seen.
If Agency Member Moore's alternative is not viable, and
after hearing the commitment from G.E.T., and if the Council
supports the recommendations regarding assistance in maintenance
and security, desires of the major business operators and property
owners on Chester Avenue, at this time the City staff would like to
go on record in support of the transit mall concept.
In answer to a question by Councilman Rockoff, Traffic
Engineer Hahs stated removing the left turns on Chester Avenue
will increase the capacity in level of service. The negative
aspects of it are; the Police Department has to enforce it, and it
will limit access to various streets along Chester Avenue for people
trying to get to businesses on those streets.
GENERAL DISCUSSION
Mr. Hugh Sill, downtown property owner, stated he feels
providing restroom facilities should be the first and foremost
priority in the downtown area. Everyone feels Bakersfield is going
to grow and anything outside of a terminal will be a temporary
situation and eventually one will have to built. If everyone works
at it property for a terminal can be purchased at a reasonable
price.
Mr. Jim Treanor, President of the Downtown Business
Association, read a letter stating it is the consensus of the
Board of Directors of the Downtown Business Association that they
Bakersfield, California, October 5, 1982 - Page 8
502
Downtown Business
Agency and G.E.T.
urgency.
support an off-street transit terminal in conjunction with a
modified transit mall, which includes more customer parking. It
is their opinion that before anything is done that the City of
Bakersfield and G.E.T. reach some agreement as to who will be
responsible for policing and maintaining the above area. The
Association urges the Council, Redevelopment
to proceed on this matter with the utmost
Commerce,
September
Mr. Frank Casey, President-Elect of the Chamber of
read a letter stating that at a special meeting held
27, 1982, the Bakersfield Chamber of Commerce voted to
accept the recommendati~-t~ Chamber Committees; Government
Review, Transportation and Econom~c Development. Their organi-
zation recommends selection of an off-site, off-street transfer
facility for G.E.T. It is believed this type of facility would
be more workable or applicable for the overall community, than the
on-site, on-street proposal. Additionally, it is their under-
standing that the off-street facility would not involve the loss
of parking spaces in the downtown area. At this same meeting the
Directors supported a motion recommending representatives of the
City, Redevelopment Agency and G.E.T. arrange for a comprehensive
Maintenance and Security Program for the off-street facility.
The Chamber of Commerce feels adequate maintenance and security
should be an integral part of any transfer facility. As the
project progresses it is hoped representatives of the City,
Redevelopment Agency and G.E.T. will feel free to call on the
Chamber for assistance and/or review of any future proposals for
a G.E.T. transfer facility. Should the decision be made to go to
an off-site, off-street facility, and help is needed making a
decision as to the location, the Chamber will be glad to help.
Mr. Vincent Casper, owner of a retail business at 18th
Street and Chester Avenue, stated he is all for beautifying and
redeveloping the downtown area, but it should not be accomplished
Bakersfield, California, October 5, 1982 - Page 9
by removing all the customer parking spaces on Chester Avenue or
narrowing streets. The buses should be given the necessary room
to discharge and pickup passengers, but they should immediately
move to the next stop. If that is done the transit terminal could
be placed anywhere and use the grant for what it is intended for,
to build a transit terminal. The community and streets would be
cleaner and more parking would be available for the general public.
The Downtown General Plan has never addressed the abolishment of
parking in the downtown core area, much less parking for buses in
each City block. That would mean that 24 spaces would be tied up
forever.
Mr. George Xezanotos, owner of Vest's Drug Store at 19th
Street and Chester Avenue, stated he feels the basic economy of
downtown is vitally dependent on bus riders, and wondered what
their feelings are. He also wondered how many people are using
Chester Avenue as a throughway, rather than stopping to shop. Is
Chester Avenue being used for economic gain or a freeway from
north to south Bakersfield? Mr. Xezanotos outlined the reasons
he felt a transit mall should be installed rather than a terminal.
Before a decision is made, he felt, the Downtown Improvement
District should be polled to find out what they want. They might
prefer a transit mall to beautify Chester Avenue and accomplish
other necessary things.
Mr. Don Franklin, concerned citizen, stated, before a
decision is made, he requested that it be remembered that the
number one priority is to transfer people in and around downtown
in a safe, secure and sanitary manner. The traffic flow in the
year 2000 has been mentioned, however, he would caution all the
agencies that it might be difficult to project the number of buses
and ridership required by that time. Gasoline prices may go out
of sight and more public transportation may be needed. If Chester
Avenue is narrowed the level of service reduced, and then to run
Bakersfield, California, October 5, 1982 - Page 10
the risk of having to increase the number of buses and their use,
is not a progressive way to go. He expressed a concern regarding
the proposed maintenance agreement between the City and G.E.T.,
because who is going to be responsible for the litter, etc. An
off-street facility would very clearly define who is responsible.
The owner of the facility would be responsible for the inside
boundaries of the terminal and the City for the area outside the
boundaries. A viable and complete Master Plan would provide a
clearer picture as to what directions should be taken. Perhaps
everything should be put on hold until a Master Plan is completed.
Ms. Laura Heath, representing a downtown firm, asked
Agency Member Moore questions about his proposed alternative, and
stated she favors this plan because it provides for both bus
riders and the business people downtown. In answer to a question
by Board Member Bovee, Ms. Heath stated if Mr. Moore's proposal
cannot get financing she would prefer a terminal.
Mr. John Brock, owner of Brock's Department Store, stated
he had been in favor of a transit mall on Chester Avenue, but after
listening to Mr. Sill talk, he feels the best of both worlds could
be had if the northwest corner of 21st Street had a transfer
terminal and Chester Avenue was used, after it is beautified, for
picking up and letting off passengers. Maybe by the year 2000 a
complete terminal could be erected on the other half block on 21st
Street. Mr. Brock stated he favors the combination proposal of a
transit mall on Chester Avenue, with off-street facilities on the
northwest corner of 21st Street.
G.E.T. Board Chairman Binder stated the only concern they
have with Agency Member Moore's proposal is that there is a possi-
bility that it may not pass U.M.T.A.'s criteria for a transit
function. If the Chester Avenue beautification plan is being
considered strictly for a pickup and drop off point for passengers,
that will not meet their criteria as a transit function. If it
Bakersfield, California, October 5, 1982 - Page
can be demonstrated that there is a real transit function being
performed by that beautification it would have a good chance of
going through.
Mr. Jules Kenzer, property owner at 21st Street and
Chester Avenue, stated he is not against a terminal, but does not
want his property taken. Mr. Kenzer felt there are enough empty
lots in the area that could be purchased without having to tear
down someones' building.
Mr. Stewart Salamacha stated there is a building next
to Guarantee Shoe Center, on 21st Street and Chester Avenue, that
they want to remodel, and asked if they should go throught with it.
G.E.T. Board Chairman Binder stated she could not answer
that question, because a decision has not been made on the location
of a terminal or what kind of a facility will be constructed.
Mayor Shell stated she is in favor of the proposal for
beautification of Chester Avenue. Chester Avenue is a barrier for
shoppers and most of them do not count on parking on that street.
They seek parking on side streets. The Chester Avenue proposal,
presented by the consultants, is very attractive and will attract
people downtown to shop. It is incumbent on the City Council to
decide their priorities for downtown. If Chester Avenue is to be
a thoroughfare or speedway in order to get through downtown as
quickly as possible, then there cannot be any kind of beautification
that would hinder traffic. If the Council wants people to stay
downtown, and in order to attract them to that area, then traffic
will have to be slowed down.
Councilman Rockoff stated he believes if people are
going to stay downtown to shop they have to be given security,
cleanliness and the merchandise they want. There is a lot of
competition in the City of Bakersfield, surrounding downtown, and
if customers do not get what they want they will go elsewhere. It
does not matter how beautiful Chester Avenue is made, if they do
not get what they want downtown, they will go elsewhere.
Bakersfield, California, October 5, 1982 - Page 12
5O7
Agency Member Moore, seconded by Agency Member Mooneyhain,
made a motion to adopt the Chester Avenue Mall Concept for a three
block area, from 18th to 21st Streets, with an additional waiting
component on the half block from 21st to 22nd Streets, between
Chester Avenue and Eye Street, to provide transfer passengers
waiting space, shelter, restrooms, security and information. This
motion failed to carry by the following roll call vote, which ended
in a tie:
Ayes:
Noes:
Absent:
Agency Members Clausen, Mooneyham, Moore
Agency Members Bilas, Lewis, Richardson
Agency Member Winer
Agency Member Moore requested that'the Redevelopment
Agency Members be polled as to which alternative they prefer in
the event the proposal for a Chester Avenue Mall and transit
terminal
Agency:
on 21st Street is not
approved by the Urban Mass Transit
Agency Member Bilas:
Agency Member Clausen:
Agency Member Lewis:
Agency Member Mooneyham:
Agency Member Moore:
Off-Street
On-Street
Off-Street
Undecided
Off-Street
Agency Member Richardson: Off-Street
Councilman Christensen made a motion that the Council
go on record as being in favor of an off-street terminal. This
motion carried by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Payne, Rockoff, Strong
Noes: Councilman Ratty
Absent: Councilman Means
Mr. Treanor indicated the problem of 19th Street and
Chester Avenue has not been discussed and they have been requesting
a solution to that problem for over a year.
Mr. Steve Ruggenberg, representing G.E.T., stated he and
Mr. Treanor have met to discuss the situation at 19th Street and
Bakersfield, California, October 5, 1982 - Page 13
Chester Avenue and they have not been able to reach a solution.
ADJOURNMENT
G.E.T. Board Chairman Binder adjourned the joint meeting
before the Council, Redevelopment Agency and G.E.T. Board of
Directors regarding transit concepts for the Downtown Bakersfield
Area, at 9:10 P.M.
Upon a motion by Agency Member Moore, seconded by Agency
Member Bilas, 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 9:10 P.M.
Upon a motion by Councilman Christensen, 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 9:10 P.M.
ATTEST:
CIT E~ Officio Clerk of the Council
of the City of Bakersfield, California
ma
Calif.
Bakersfield, California, October 6, 1982
Minutes of a regular meeting of the Council of
of Bakersfield, California, held in the Council Chambers
Hall at 8:00 P.M., October 6, 1982.
The meeting was called to order by Mayor Shell,
by the Pledge of Allegiance and Invocation by Mayor Shell.
The City Clerk called the roll as follows:
Mayor Shell. Councilmen Christensen, Means, Payne,
Present:
Rockoff, Strong, Barton
Absent: None.
the City
of City
followed
Ratty,
Minutes of the Joint Public Meeting of September 22, 1982,
were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Bill Dolan, 2208 - 20th Street, Bakersfield, spoke
on behalf of Mike Tang and his sister, Lai Yen Tang, proprietors
of the Wing Wah Cafe located at 1527 - 19th Street, regarding the
off-street parking requirements for their business. In accordance
with Chapter 17.58 of the Bakersfield Municipal Code, a total of
seven off-street parking spaces for the Wing Wah Cafe are required.
The requirement can be met by leasing off-street parking spaces
within a 500-foot perimeter of the restaurant, or paying fees as
set forth in the Municipal Code in lieu of providing off-street
parking. There are no parking spaces available for lease within
500 feet of the restaurant, therefore, the business is faced with
the choice of paying the in ~ieu parking fees, in the amount of
$49,000 over a 20-year period, or closing the business. Mr. Dolan
urged the Council to repeal Chapter 17.58 of the Bakersfield
Municipal Code, especially as it applies to the in lieu parking
fees and the 500-foot perimeter set for the leasing of off-street
parking spaces; conduct a study to discover a more equitable
means to solve the downtown parking problem; and adopt a policy
of restraint in the enforcement of the ordinance provisions.
In answer to a question, City Attorney Oberholzer stated
the ordinance pertaining to off-street parking is currently in
effect and contains no provisions for Council to waive fees,
Bakersfield, California, October 6, 1982 Page 2
although they can be adjusted by resolution. The purpose of the
ordinance was to stimulate the use of existing buildings downtown
and money raised from the fees would be used to purchase additional
parking spaces.
Upon a motion by Councilman Barton, the ordinance per-
taining to off-street parking was referred to the Business Develop-
ment and Parking Committee for study and recommendation.
Ms. Judi Wallrath, Kern Organization for Freedom from
Smoke, 3108 Dartmouth Street, requested Council adopt an ordinance
similar to the smoking ordinance on the November Ballot (Measure
"A"), that was tentatively approved by the Board of Supervisors,
i£ a majority of voters vote in favor of it.
Ms. Audrey ~ockran, 7901 Shetland, Bakersfield, spoke
in support of Measure "A", and requested the Council adopt a
similar smoking ordinance for the City of Bakersfield.
Councilman Christensen made a motion that if the majority
of voters in the Bakersfield Metropolitan Area approve Measure
"A" on the November Ballot, the City Attorney shall draft the
proposed "No Smoking" Ordinance for adoption at the Council Meeting
of November 3, 1982.
Councilman Strong stated he would like more than one
day to consider the ordinance for adoption.
Councilman Christensen amended his motion that if a
majority of voters in the Bakersfield Metropolitan Area approve
Measure "A" on the November Ballot, the City Attorney shall draft
the proposed "No Smoking" Ordinance for adoption at the City
Council Meeting on November 10, 1982.
Councilman Rockoff stated he felt by taking action
at this time it would appear the Council is supporting passage of
Measure "A". He has no problem with individual Councilmen giving
endorsement and using their titles to do so, but felt it inappro-
priate for the Council, as a group, to appear to give support or
endorsement to a specific measure on the ballot.
Bakersfield, California, October 6, 1982 - Page 3
Councilman Christensen's amended motion that if a
majority of voters in the Bakersfield Metropolitan Area approve
Measure "A" on the November Ballot, the City Attorney shall draft
the proposed "No Smoking" Ordinance for adoption at the City
Council Meeting on November 10, 1982, carried by the following
roll call vote:
Ayes:
Noes:
Absent:
Councilmen Christensen,
Barton
Don Peck,
Means, Payne, Ratty, Strong,
Councilman Rockoff
None.
CORRESPONDENCE
Upon a motion by Councilman Payne, communication from
General Manager, Bank of America Building, 1430 Truxtun
Avenue, Suite 420, dated August 13, 1982, regarding continuation
of Parking Lease Agreement No. 77-99, until December 31, 1983,
was received and referred to Business Development and Parking
Committee for study and recommendation.
Communication from William R. Tuculet,
Dr. Sami Srour, 1706 Chester Avenue, Suite 602,
1982, requesting a General Plan Amendment for the 6.66 acre parcel
located on the east side of Stine Road approximately 150 feet
north of Pine Castle Avenue, was received and referred to Planning
Architect, for
dated September 20,
Commission and Business
and recommendation.
Development and Parking Committee for study
COUNCIL STATEMENTS
Councilman Ratty stated he felt compelled to make some
comments about action taken at the Joint Public Meeting held by
City Council, Redevelopment Agency and G.E,T. on October 5, 1982,
regarding transit concepts for the Downtown Bakersfield Area. He
is in favor of a downtown mall, an open space with shops, which
would be much more desirable than an off-site terminal building.
A $4,000,000 beautification project would make the downtown area
a beautiful place to go and shop and would serve as a catalyst for
Bakersfield, California, October 6, 1982 - Page 4
future development in the central core area. He further stated
that the G.E.T. Board of Directors has stated they will participate
in the maintenance of 19th Street and Chester Avenue and will als,3
make operational changes to relieve the congestion of people wait-
ing for buses. G.E.T. has made an effort in regard to working
with the City to alleviate the problems at 19th Street and Chester
Avenue. The Voucher Approval Committee should meet with the G.E.T.
Board of Directors and Downtown Business Association to decide,
as rapidly as possible, what to do in the interim period between
now and when the off-site terminal is built.
Councilman Ratty made a motion that the transfer point
issue be studied by the Voucher Committee, immediately, and a
decision made as to what is to be done in the interim period
between now and the time the off-street facility is built. This
motion was unanimously approved.
Upon a motion by Councilman Rockoff, communication
from Schools Legal Service, P.O. Box llll0, Bakersfield, dated
October 1, 1982, addressed to the Board of Supervisors and per-
taining to the over-crowding conditions in the Panama School
District was received and placed on file.
Councilman Rockoff stated he was pleased to receive
the memorandum from Fire and Development Services Director Needham
regarding Halloween Amusement Centers and asked Fire and Develop-
ment Services Director Needham what the City's legal responsi-
bilities are, and a clarification of the conclusion of the
memorandum.
Fire and Development Services Director Needham stated
that in the Halloween Amusement type facility generally an
organization will lease a building and then construct arrange-
ments conducive to that type of entertainment. In most cases
the building is not up to code. This year, organizations are
being required to build as close to code as possible so the Fire
Department, Fire Marshall, and Building Director are satis£ied
Bakersfield, California, October 6, 1982 - Page 5
that the safety of the people going into the building is of the
utmost importance. There is a section in the building code that
allows the Building Director to do this if he feels the safety
of the people and the intent of the building code is being
followed. City Staff is following that section of the code at
this time. An organization presently involved in this kind of
activity is using the old Mayfair Market in the Valley Plaza
Shopping Center. It is an extremely dark facility, fully sprinklered,
and with many exits. There will be four people assigned to each
room to assist anyone in case there is a problem, for a total of
one hundred people from the organization working inside the building.
That organization has an excellant plan and is well organized.
The conclusion of the memorandum is that some organiza-
tions will not be able to operate a facility within City require-
ments with regard to what they might like to do.
Councilman Barton read into the record a letter by John
G. Coy, President,
1982 as follows:
Southeast Enterprise Zone, dated October 6,
October 6, 1982
Honorable Mary K. Shell and
Bakersfield City Council
1501Truxtun Avenue
Bakersfield, CA 93301
Dear Mayor and Councilmen:
We are a group of business people and property
owners in Southeast Bakersfield who have organ-
ized with the intent of improving our area.
We have taken the name of "Southeast Enterprise
Zone", and are working toward qualifying as an
official Enterprise Zone if Federal and/or State
Legislation is passed permitting such a designa-
tion.
We desire to use all existing tools, (Federal,
State, County and City) to assist in the upgrad-
ing of our industrial area.
We respectfully request that you provide us
with all appropriate assistance in our efforts
to achieve our goals.
Very truly yours,
John G. Coy
President
Southeast Enterprise Zone
Bakersfield, California, October 6, 1982 - Page 6
Upon a motion by Councilman Barton, communication from
John G. Coy, President, Southeast Enterprise Zone, dated October 6,
1982, was received, ordered placed on file and referred to the
Business Development and Parking Committee for study and recom-
mendation.
Upon a motion by Councilman Strong, Councilman Rockoff
was designated to represent the City Council at a Cable Televisioa
Seminar in Anaheim on November 16th and l?th.
Upon a motion by Councilman Christensen, City Attorney
was directed to designate an attorney from his office to accompany
Councilman Rockoff to the Cable Television Seminar in Anaheim on
November 16th and 17th.
Mayor Shell asked City Attorney Oberholzer to comment
regarding the adoption of an ordinance against the sale or rental
of a movie entitled "Snuff".
City Attorney Oberholzer stated his office was asked to
investigate the possiblity of adopting an ordinance which would
prohibit the sale or exhibition of snuff movies. The particular
movie of concern was entitled "Snuff" and was viewed by City
Attorney Oberholzer and two members of the Police Department to
determine if it fell within some illegal category. There is
presently a State Law which allows District Attorneys or the
Attorney General's office to bring injunctive action against
movies which depicts or is an actual killing or maiming of a
human being. The penalties are minimal, and range £rom $200 to
$1,000, but could also involve criminal acts for which a person
could be prosectued under the Penal Code in addition to the
exhibition of the movie itself. The makers of the movie could
also be prosecuted for the criminal acts. In order to assess
this problem his office consulted some other areas, particularly
Orange County, which has been involved in trying to do something
about this movie. In 1979 the Superior Court of Orange County
ruled that this movie was not obscene. State Law requires that
Bakersfield, California, October 6, 1982 - Page 7
proof be provided that actual human bodies are being mutilated
and human beings are killed. Upon examination by the Orange
County District Attorney's Office, it was concluded that no human
mutilation was involved, but animal parts were used to simulate
the maiming and killing. It was a very poor grade movie and the
Orange County District Attorney's Office dropped the case after
investigation and did not pursue injunctive release. Currently
there is a State Law in effect in this area, therefore, our office
does not recommend adoption of an ordinance at this time.
REPORTS
Councilman Rockoff, Chairman of the Budget Review and
of
Finance Committee, read Report No. 30-82, regarding Request
Graybar Electric, Inc., as follows:
This committee has reviewed the request submit-
ted by Graybar Electric, Inc. for the approval
of an Inducement Resolution for tax exempt bonds
to construct a new facility in Bakersfield to
replace their existing facility.
During discussions with officials of Graybar,
it was determined that the company had the
financial ability to construct the facility
without the financing assistance provided by
a tax exempt bond issue.
As a result, this committee has agreed it would
be inappropriate for the City to underwrite
this construction project through the use of a
tax exempt bond issue authorized and sold by
the City.
It is, therefore, recommended the requested
Inducement Resolution be denied.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 30-82, regarding Request of Graybar
Electric, Inc., was accepted; and recommendations as outlined in
the report, were approved. Councilman Christensen voted in the
negative on this motion.
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 9-82 regarding Data Process-
ing Division Reorganization, as follows:
Bakersfield, California, October 6, 1982 Page 8
The Governmental Efficiency and Personnel
Committee recently met with the City Manager
and staff regarding the organizational struc-
ture of the City's Data Processing Division.
During our discussions, the City Manager
informed us that over the past two years the
City has acquired new computer hardware and
implemented new systems throughout the
various departments. With the installation
of this new system, the City has been able
to reduce this division from nine employees
to four; however, as was pointed out by the
City's original data processing consultant,
Theorem, Inc., and again recently by Western
Information Systems, the City should have a
manager over this division with management
skills and technical expertise to implement
the completely integrated system the City is
striving for.
At the present time, City departments' infor-
mation needs are not being met. In an attempt
to rectify this situation, the City Manager
has recommended, and we are in agreement,
that a new classification of Information Systems
Manager be created at a monthly salary range
of $2,429 to $2,928. This would result in an
annual cost of $45,000, however, for fiscal
year 1982-83 the costs would be $22,500. In
addition, we are recommending that the clas-
sification of Computer Operations Supervisor
be evaluated between now and the end of this
fiscal year, and if necessary, the job speci-
fications and salary should be adjusted
commensurate with the job requirements.
In order to effectuate this action, the Govern-
mental Efficiency and Personnel Committee is
recommending Council approval as follows:
1) Approval of this report.
2) Approval of the attached changes
in the salary resolution.
3)
Approval of the attached job
specifications of Information
Systems Manager.
Upon a motion by Councilman Payne, Governmental Effic-
iency and Personnel Committee Report No. 9-82 regarding Data
Processing Division Reorganization, was accepted; and recommenda-
tions as outlined in the report, were approved.
Adoption of Resolution No. 115-82 of
the Council of the City of Bakers-
field amending Resolution No. 114-82
setting salaries and related benefits
for officers and employees of the
City of Bakersfield.
Bakersfield, California, October 6, 1982 - Page 9
Upon a motion by Councilman Payne, Resolution No. 115-82
of the Council of the City of Bakersfield amending Resolution
No. 114-82 setting salaries and related benefits for officers and
employees of the City of Bakersfield, was adopted by the following
roll call vote:
Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Strong,Barton
Noes: None.
Absent: None.
City Manager Kelmar stated he had planned to report on
the City's participation, on an interim basis, regarding the main-
tenance problems at 19th Street and Chester Avenue. However, in
light of Councilman Ratty's comments, it will be more appropriate
to discuss the matter at the time the whole interim problem is
dealt with by the Voucher Approval Committee.
CONSENT CALENDAR
Councilman Rockoff stated he has concerns about Electrical
Agreements, Items (i), (j), and (k), on the Consent Calendar. If
the agreements can be terminated without notice, will this cause the
City any problems financially or otherwise?
City Manager Kelmar staled the weirs are being reconstructed
through the Agricultural Water Division and suggested these items
be deferred until an answer can be obtained to Councilman Rockoff's
question.
The following items were listed on the Consent
Calendar:
(a) Allowance of Claims Nos. 1793 to 1948,
inclusive, in the amount of $202,332.13.
(b) DELETED.
(c)
Claim for Damages from Safeway Stores,
Incorporated, 12200 Bellflower Boule-
vard, Downey, (Refer to City Attorney)
(d)
Line of Sight Easement from Terry L.
Moreland and Steven C. White, providing
an easement for line of sight as required
by the Planning Commission for Parcel
Map No. 6594, located south of West
Columbus Street, west of San Dimas Street.
10
Bakersfield, California, October 6, 1982 - Page 10
(e)
(f)
(g)
(h)
(i)
(J)
(k)
Storm Drain Easement from Sill
Properties, Inc., providing an
easement for storm drain line as
required by the Planning Commission
for Parcel Map No. 6539, located
one-quarter mile east of Pierce
Road at the east end of Brittan Way.
Application for Encroachment Permit
from John D. Neighbors, 2500 Marshall
Street, for construction of a four-
foot high wood fence extending from
the property line to the back of the
sidewalk at 2500 Marshall Street.
Plans and Specifications for resur-
facing of portions of Montclair
Street; between Stockdale Highway
and Easton Drive; Stockdale Highway
between E1 Rio Drive and Coffee Road;
and Buena Vista Road between Fraser
Road and Stockdale Highway.
Plans and Specifications for resur-
facing of portions of White Lane
between Wible Road and Freeway 99;
Calcutta Street between South "H"
Street and Santa Cruz Street; and
Benton Street between Planz Road
and Lacey Street.
Agreement between Tenneco West and
City of Bakersfield authorizing
the City to lay electrical lines
across Tenneco West property from
Chevron U.S.A. Facilities to the
Rocky Point Diversion Weir and from
Santa Fe Energy Company Facilities
to the Beardsley Diversion Weir.
(DEFERRED)
Agreement between Santa Fe Energy
Company and City of Bakersfield,
permitting the City to tie into
electrical service available on
Santa Fe Energy Company property
for the operation of the Radial
Gates, Weir Lights and Telemetry
at the Beardsley Diversion Weir.
(DEFERRED)
Agreement between Chevron U.S.A.
and City of Bakersfield, permit-
ting the City to tie into electri-
cal service available on Chevron
property for the operation of the
Radial Gates, Weir Lights and
Telemetry at the Rocky Point
Diversion Weir. (DEFERRED)
Bakersfield, California, October 6 1982 - Page ll
11
Upon a motion by Councilman Means, Items (i), (j),
and (k) were deferred until the Council Meeting of October 25, 1982;
and Items (a), (c), (d), (e), (f), (g), and (h) o£ the Consent
Calendar, were adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Strong, Barton
Noes: None.
Absent: None.
ACTION ON BIDS
Upon a motion by Councilman Strong, low bid of Wardlow
Fire Equipment (for two items), in the amount of $4,709.58, and
American Rubber Company (for two items), in the amount of $6,974.80,
for Fire Hose, were accepted.
Upon a motion by Councilman Christensen, low bid of Ray
Gaskin Service, in the amount of $64,603.18, for 40,000 G.V.W.
Three Axle Roll Off Bin Truck for Refuse Collection, was accepted,
and all other bids rejected.
Upon a motion by Councilman Rockoff, low bid of Granite
Construction Company, in the amount of $221,428.20 for resurfac-
ing portions of Christmas Tree Lane, Monterey Street, and Haley
Street was accepted, all other bids rejected, and the Mayor author-
ized to execute the contract.
Upon a motion by Councilman Strong, low bid o£ James G.
Francis, Contractor, in the amount of $365,210.00, for the Base
Bid and Unit A, for resurfacing Ming Avenue and South "H" Street,
was accepted, all other bids rejected, and the Mayor authorized
to execute the contract.
NEW BUSINESS
First Reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of Bakers-
field located at the southwest corner
of Planz Road and Madison Avenue.
Bakersfield, California, October 6, 1982 - Page 12
This proposed amendment was initiated by the Planning
Commission '~d would change subject property from an R-1 (One
Family Dwelling) Zone to an M-1 (Light Manufacturing), and "P"
(Automobile Parking), or more restrictive zones.
This proposed zoning is consistent with the adopted
Bakersfield Airpark Land Use Plan.
First reading was considered given an Ordinance amend-
ing Title Sevenfeen 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 at the southwest corner of
Planz Road and Madison Avenue.
First reading of an Ordinance of
the City of Bakersfield amending
Section 17.06.020 of Chapter 17.06
(Zoning Map) of the Municipal Code
of the City of Bakersfield, regard-
ing prezoning of property known as
Kern City No. 2 Annexation.
This amendment would prezone those certain properties
proposed for annexation to an R-1 (One Family Dwelling), R-2
(Limited Mulfiple Family Dwelling), R-3 (Limited Multiple Family
Dwelling), C-O (Commercial and Professional Office), C-1 (Limited
Commercial), and RE (Recreation), or more restrictive zones.
The Planning Commission recommended approval of the pre--
zoning for the Kern City No. 2 Annexation territories.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.06.020 of
Chapter 17.06 (Zoning Map) of the Municipal Code of the City of
Bakersfield, regarding prezoning of property known as Kern City
No. 2 Annexation.
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 con, only known as 101
Portales Real.
The application for this amendment was made by J. R.
Smeed and would change subject property from an R-1 (One Family
Bakersfield, California, October 6, 1982 - Page 13
Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling) or
more restrictive zone.
The Planning Commission recommended approval of this
amendment, subject to the condition that two dwelling units shall
be the maximum number of units constructed on subject property.
First reading was considered given an Ordinance amend-
ing 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 commonly known as 101 Portales Real.
Approval of request from Public
Works Department to retain two
Street Sweepers as surplus equip-
ment.
The Equipment Superintendent is recommending that the
Public Works Department retain two surplus street sweepers for
spare parts and convert the cab and chassis to leaf rake machines
to be used only during the Leaf Collection Program. The leaf
rake machines would require very little maintenance and would
permit the Public Works Department to continue the normal sweep-
ing program through the leaf season. In the past, between October
and February, the Public Works Department has used two sweepers
solely for leaf collection.
Upon a motion by Councilman Strong, request from the
Public Works Department to retain two street sweepers, as surplus
equipment, was approved.
There being no
Council, upon a motion by Councilman Christensen,
adjourned at 9:10 P.M.
ADJOURNMENT
further business to come before the
the meeting was
~ Cit~ Bake~
MAYOR of
ATTEST:
CITY C~E?~ ~E~Officio Clerk of the Council
of the City of Bakersfield, California
Bakersfield, California, October 13, 1982
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
ttall at 8:00 P.M., October 13, 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 Means, Payne, Ratty, Rockoff,
Strong, Barton, Christensen
Absent: None
Minutes of the regular meeting of September 29, 1982,
were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Commander William McKibben and Mr. Burton Spickler,
Disabled American Veterans, stated Mayor Shell was very instru-
mental in building a memorial for Sergeant Larry Pierce, who was
killed in Vietnam on September 20, 1965 and awarded the Medal of
Honor, and all veterans who served in the Vietnam War. The
memorial is located in the County Administration Building and was ....
dedicated on June l, 1982. Commander McKibben and Mr. Spickler
presented Mayor Shell with a plaque which reads "National Disabled
American Veterans - Presented to Mary K. Shell for Outstanding and
Unselfish Service to Disabled American Veterans."
Mr. Art Powell, President of the Local Chapter of the
N.A.A.C.P., stated he was not present to argue, lay fault or arouse
emotions. The people who are present tonight are here to let the
Council know they are a united community willing to work with the
Council, their representatives and other organizations to solve
problems in their community and they need help doing it. They are
a community working together and want to continue to keep it to-
gether. It should be realized there are problems in their community
and the Bakersfield Police Department and everyone concerned should
sit down and try to solve them. A meeting was held last night,
some emotions were shown and the media played it up. They do not
Bakersfield, California, October 13, 1982 - Page 2
15
want Councilman Vernon Strong to resign and they want to work with
him. They want to work hand in hand with the City Council to bridge
the gaps between them. They are asking that a fair investigation
be conducted regarding an incident that occurred in which an 18
year old man was killed by a Police Officer in the Lakeview Area.
Perhaps, they might of jumped the gun and been hasty in some matters,
but they are willing to get back to work and let the legal ramifi-
cations get into motion to try to solve the problem. The people
of the black community are asking that the Council work with them
to accomplish things for the good of everyone.
Mr. Ralph Anthony, representing the Lakeview Community
Development Corporation, stated they support Councilman Strong and
do not want him to resign. A series of meetings have been held in
the community for and against some very sensitive issues. In these
meetings people have been gaining perspectives and they want to
participate in eliminating problems and become assets. Mr. Anthony
presented a budget for the Crime Prevention Proposal that the
Lakeview Community Development Corporation submitted, along with a
copy of a petition that is being circulated supporting the Lakeview
Community Development Corporation in discussing, planning and
negotiating with the City of Bakersfield and other necessary entit:[es
to bring economic development through redevelopment of Census Tract
22.
Abdul Rahime Ustafa Mohammed stated in order to solve
the Police problem in the black community the City of Bakersfield
should employ more black Police Officers. If more black officers
were in the area a better relationship would be established, because
blacks identify better with blacks than whites. If the Lakeview
Area was beautified and some of the problems solved it would enhance
the entire City of Bakersfield and be a better community because
of it.
Ed Ortiz Nance stated he is concerned over recent incidents
that happened in the Cottonwood Area. He stated he is afraid if he
Bakers£ield, California, October 13, 1982 - Page 3
addresses these issues, as a citizen, his children will grow up
with a mistrust of the administration. As a representative of the
Department of Fair Employment and Housing he would like it known
they are available and can, if desired, offer their services to
help deal with the problems presently facing the City. If requested,
they can provide many services.
Gregory Clemmons stated it seems the only time their
community wants to help is when something happens. If problems
are going to be solved the people are going to have to get behind
Councilman Strong or they will not be solved. Councilman Strong
has done a lot of things for the community that the people do not
even know about. If people have a problem they should contact
Councilman Strong, that is what he is there for. Councilman Strong
is always willing to help and he is behind them one-hundred percent.
Instead of getting together when something goes wrong, get together
when they are right to be prepared.
Stephanie Campbell, concerned citizen of the community
and President of The Spirited Move, stated they are very much in
favor of Councilman Strong staying on as their City Councilman.
They are aware there is a problem in the community and it is
suggested that a Civilian Review Board be established. The Civilian
Review Board is an independent complaint receiving agency. It
would consist of a 24 hour per day hot line, directly to the person
in charge of these responsibilities. That person would also have
the authority, through the Police Department, to be present while
minority arrests are being made and the suspect is being booked.
That person would have official recognition from the Mayor, City
Manager and Police Chief to be the meditator between the person
making the complaint and City government. The Civilian Review
Board would participate in the induction of new Police Officers,
be present during verbal interviews and ask questions regarding
prejudices against minorities. They would be able to make
Bakersfield, California, October 13, 1982 - Page 4
l?
recommendations as to who is to be hired, along with the people in
charge. The Board would act as liaison between the minority
community and Police Department. The Board members would hold
their positions for two years, after which the minority community
would have the option of letting them stay in that position or
electing new representatives.
Mr. Moses Turner stated, as a concerned citizen for the
Southeast part of Bakersfield, that Police brutality has been going
on in their area for a long time. They do have problems they would
like solved. Councilman Strong is respected and they hope he will
remain on the Council to help them grow, because they have no other
way.
Mayor Shell stated the people in Census Tract 22 have
been working since the middle of summer toward the best organized
cleanup effort in the history of the City of Bakersfield. The
cleanup effort is scheduled for this week and they need many more
people to help. Saturday morning from 7:00 A.M. on, anyone who
wants to help will be more than welcomed.
Judge Alexander Robertson stated Councilman Strong does
not represent just black people. Attention should be given to t~e
entire Council, not just one individual. Concerns should be
submitted to the whole Council. Councilman Strong has set an
example for both the youth and elderly, and is an asset to the
community. The community needs the Police Department and others.
There is discrimination and prejudices, however, because one bad
apple makes a mistake that does not mean the whole tree is bad. It
is strongly suggested that with the love and effort God gave us to
feel towards each other, the evil can be eliminated and everyone
can work closer together as a County.
Mr. Tyrone Turk stated he moved to Bakersfield this past
summer from Southern California and has been working in the community
on problems, etc. One of the main problems is the people need to
Bakersfield, California, October 13, 1982 - Page 5
go out into the community and try to work with them. There are a
lot of problems in the black community and unemployment is one of
the main ones that has to be dealt with. There are a lot of people
who want to work, but they need jobs. The black community is not
asking for handouts, they want to work for what they get. The
black community wants the Council to work with them and get behind
them one-hundred percent, because they are one-hundred percent
behind the Council.
Mr. Robert Bethea stated there have been a lot of things
said this evening. The constituents in Southeast Bakersfield have
a lot of problems and there are a lot of problems that they are net
aware of. One of the things they are not aware o£ is, the City has
one of the best staffs they have had in a long time, who are trying
to help. There are some problems in the black community that have
to be solved by the black community before the City can be asked
for help. A meeting will be held within the next l0 days in South-
east Bakersfield and all the stones will be turned over so everyone
will know what is going on. Many people, present tonight, are not
aware of the amount of time City Councilmen put into their positions.
~e understands the problem regarding Columbus Holford, who was
killed, but he does not want that problem used for someone elses
gain. This is not the time nor the place. That matter will be
taken care in our community. Columbus Holford's parents went to
Councilman Strong's home today and ask him not to resign.
Councilman Strong stated the incident that brought the
people here tonight is very unfortunate, but it gives an opportunity
for him to say things about this Council and staff. The people
present tonight are looking at City Government, and it can be said,
without any hesitation, there is not a man, on this Council or
staff present on this podium,
The City has one of the best
this City has ever seen. It
that condones Police brutality.
Councils, City Manager and Mayor that
is ludicrous and indefensible for
Bakersfield, California, October 13, 1982 - Page 6
19
anybody to come down here accusing anybody of anything, which is
outside the realm of good Americanism. Everyone wants to see a
better Bakersfield.
Last night at the meeting, held at the California Avenue
Park Neighborhood Facility, he threatened to resign his post as
Councilman of the First Ward. Last night was a very emotionally
charged meeting. He was resigned all day to vacating his posiiton,
even though he received literally hundreds of phone calls and visits
from people asking him to stay. He was still going to resign this
post because of what happened at that meeting, but he received a
visit from the parents of Columbus Holford. They were not asked
to come, in fact no one was asked to come. They urged him to
remain on this Council as they would hate to remember the death of
their son as being an incident which divided the black community.
They said that if nothing else comes out of this that they would
like to remember their son's death as something which brought the
black community together to focus on a number of problems they have
out there. Somebody mentioned the fact that more black Police
Officers are needed. If the Council had ten or fifteen who would
come forward they would be hired tonight. It is that way with a
number of other problems that exist in the black community. Every.-
one on this Council is looking for solutions. That would be a
tremendous step in the right direction, if it could be done, but
does anyone in the audience know of anyone. Does anyone know of
any qualified young blacks who would like to become Police Officers?
Then do not be so quick to point the finger, if you cannot be a
part of the solution.
Councilman Strong further stated he deliberated all day
and still has not fully made up his mind about what he wants to
do, but he received so many calls from people that if he were to
resign tonight he would be letting them down. They have requested
that he stay on, at least until they can get together in a meeting,
resolve their differences and have someone who can accede to this
Bakersfield, California, October 13, 1982 - Page 7
position who feels the same as he does, that everybody on this
podium is looking for a better Bakersfield.
Mrs. Holford, mother of Columbus Holford, stated Council-
man Strong's statement tonight was not to get pats on the back.
She and her husband went to Councilman Strong's home this afternoon
to appeal to him to stay on the Council and represent the people
of the First Ward. They requested that Councilman Strong look
beyond the meeting that was held last night and see the overall
needs that are there.
Mayor She11 declared a brief recess at 8:50 P.M. and
reconvened the meeting at 9:00 P.M.
Mrs. Dorothy Hill stated she founded the Sunset Neighbor-
hood Improvement District in 1975 and they were able to obtain
enough signatures on a petition to qualify for Block Grant Funds.
They meet at her home on Tuesdays, however, since the Lakeview
Community Corporation is holding their meetings on Tuesdays and
they have requested her help, she wil~ change the date o£ their
meetings. She wanted to thank the Mayor, Council and staff for
all the help they have given to their community and assure every-
one the Police Department is needed. Mrs. tIill outlined the things
that have been done to advertise the cleanup program going on in
their community this week. She stated she was present tonight to
give recognition to Councilman Strong and let him know how bad she
felt over his plan to resign as Councilman of the First Ward.
CORRESPONDENCE
Upon a motion by Councilman Payne, communication from
the Kern County Property Management Department, dated October 7,
1982, requesting a General Plan Amendment for property located at
the northwest corner of Wible Road and White Lane, which is the
present site of the County's Road Maintenance Yard, was received
and referred to the Planning Commission for study and recommendation.
Upon a motion by Councilman Means, communication from
Cornerstone Engineering, Inc., dated October 6, 1982, requesting
Bakersfield, California, October 13, 1982 - Page 8
that the City of Bakersfield furnish paving and curb and gutter
from the intersection of Georgia Drive along the acceleration lane
north approximately 900 feet for the Calvary Bible Church on Manor
Street, was received and referred to staff.
Upon a motion by Councilman Payne, communication from
San Joaquin Bank, dated August 26, 1982, requesting that the five
parking spaces in the "K" Street Parking Garage assigned to We~ls
Fargo Bank be leased to San Joaquin Bank, was received and referred
to the Business Development and Parking Committee for study and
recommendation.
Upon a motion by Councilman Rockoff, communication from
Tantillo and Associates, 2206 West 29th Street Terrace, Topeka,
Kansas, dated October 5, 1982, requesting Industrial Revenue Bonds
for construction of a new family Pizza Hut Restaurant in Bakersfield,
was received and referred to the Budget Review and Finance Committee.
Upon a motion by Councilman Rockoff, communication from
Safeway Stores, Inc., dated October 7, 1982, requesting their proposed
development at the corner of Highway 178 and Oswell Street be con-
sidered for tax exempt bond financing, was received and referred to
the Budget Review and Finance Committee.
COUNCIL STATEMENTS
Councilman Christensen read a letter from Black Angus
Motor Inn, 333 Union Avenue, Bakersfield, dated October 13, 1982,
into the record, as follows:
Attention: All Concerned Bakersfield Citizens
For whatever it may be worth, I most ardently
urge those who may have political influence or
practical persuasion to assure that Vernon
Strong does not resign his position of Bakers-
field City Councilman. You need him, I need
him and this entire City needs him to remain
as he is .... in the midstream of City Government.
Those who tend to blame Mr. Strong for all the
community problems and doubt his lack of
enthusiasm in expressing total concern for his
confluents are grossly misinformed. I have
seen Vernon in "action" in the Council Chambers
Bakersfield, California, October 13, 1982 - Page 9
and I am thoroughly convinced he has to apologize
to no one for his efforts in representing his
ward with true dedication.
It must be remembered that Mr. Strong is the
sole minority sitting in the Council and he
fights tremendous odds in his efforts. If he
is replaced there is no assurance a black will
be appointed or elected.
It must be likewise remembered that merely
wishing for changes in Police Force tactics,
zoning and the like is easier done than the
actual legislation passage required to affect
the changes desired. Vernon is only one voice
and though loud it is, he must convince five
other Council members, the Mayor and City
Attorney. Probably the cohesive force and voice
of those he represents is his best tool in
serving his ward. For certain, he or NO OTHER
who might replace him can do it alone.
Perhaps it is time that those who accuse and
doubt Mr. Stong do a proper job of investigating
his record before they chastize him without
justifiable reasons. Do not foolishly cast
aside this good man who acts on your behalf.
A little soul searching is in order in this
matter, please do it wisely.
Respectfully,
SID G. HI~tLEY
Property Manager
Black Angus Motor Inn.
Councilman Payne stated he is very happy Councilman
Strong decided to remain on the Council. It is hoped, despite the
comment he made tonight, that he remain permanently and not just
for an interim period of time. Councilman Strong has done a
tremendous job for the community and is very dedicated. It is
regretful that an incident of this nature had to occur before the
community realized what a fine job he has done representing his
Ward. Councilman Payne further stated he agrees with a lot that
was said tonight, but one fact has to be kept in mind. No deter-
mination has been made and the investigation has not been concluded
as to the rightfulness or wrongfulness of the incident that led to
this situation. If it is determined the Police Officers were wrong,
then they must and shall be disciplined. On the other hand, if the
Police Officers were justified they have to be supported one-hundred
Bakersfield, California, October 13, 1982 - Page
percent by the Council, regardless of public opinion. There were
some great ideas presented by the people tonight, but one he cannot
condone, and will go on records in opposition to, is a Civilian
Review Board and will do everything he can to see it is not imple-
mented.
Councilman Christensen stated the loss of Vernon Strong
to the black community and the City wou~d be a most tragic event.
Councilman Christensen stated he has served on the Council for
almost 8 years and seen Councilmen come and go, and he would rank
Councilman Strong at the top. Councilman Strong is intelligent,
compassionate, honest, wears well with his fellow men, has a great
love for not only his nation, state and city, but for his race and
most of all his community. Councilman Strong is held in high esteem
by this Council and City staff. Dumping Councilman Strong, via
pressure, resignation or recall would be like "cutting your nose
off to spite your face," and that should not be done.
Councilman Means stated he agrees with what Councilmen
Payne and Christensen have said, and it would be very unfortunate
for Councilman Strong to resign prior to the end of his term.
Councilman Strong has done an excellent job as a Councilman repre-
senting this City and it is very important for him to know the rest
of the Council supports him staying until the end of his term.
Councilman Barton stated he is very p~eased that Council.-
man Strong has reconsidered the resignation and will continue to
serve not only his Ward, but the entire City.
Mayor Shell stated she is very pleased Councilman Strong
is staying on the Council and she appreciates his very cautious
deliberations of all matters that come before the Council. Council-
man Strong has been a real credit to the City of Bakersfield and
black community.
Mayor Shell complimented Public Works Director Hawley and
the Community Development Department for the effort they have ex-
pended in a very well organized cleanup effort of Census Tract 22.
Anyone wanting to help will be more than welcome.
24
Bakersfield, California, October 13, 1982 - Page
Upon a motion by Councilman Barton, Budget Transfer, in
the amount of $1,500, from the Council Contingency Fund to the
appropriate account to allow Director of Public Works Hawley to
participate in a Solid Waste Advisory Committee field trip, was
approved.
Councilman Payne stated the Council designated him to be
the City of Bakersfield's voting delegate at the League of California
Cities Annual Conference in San Diego next week and he will not be
able to stay for the entire conference.
Upon a motion by Councilman Payne, Councilman Christensen
was appointed as the City's voting delegate for the League of
California Cities Annual Conference in San Diego next week.
NEW BUSINESS
Adoption of Resolution No. 116-82 of
the Council of the City of Bakers-
field providing for the adjustment
of Property Tax Revenues upon local
agency jurisdictional change resulting
from Annexation No. 285, LAFCO Pro-
ceeding No. 792 (Rio Bravo No. 2).
Rio Bravo No. 2 Annexation cannot be processed until
there is a negotiated exchange of Property Tax Revenues between
the City and County. The Council will, by resolution, agree to
the exchange of Property Tax Revenues. After the City and County
adopt resolutions for the exchange of Property Tax Revenues, as
provided in this resolution, the annexation can continue to be
processed.
Upon a motion by Councilman Rockoff, Resolution No.
116-82 of the Council of the City of Bakersfield providing for the
adjustment of Property Tax Revenues upon local agency jurisdictional
change resulting from Annexation No. 285, LA~FCO Proceeding No. 792
(Rio Bravo No. 2), was adopted by the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton,
Christensen
Noes: None
Absent: Councilman Strong
Bakersfield, California, October 13, 1982 - Page 12
2.6
HEARINGS
This is the time set for public hearing before the
Council on an Appeal by Victor M. Bonilla to the decision of the
Board of Zoning Adjustment regarding a condition placed on a
Conditional Use Permit, requiring that a masonry wall six-feet in
height decreasing to a three-foot height, ten-feet from the alley
be provided along both side property lines adjacent to paved parking
area at 223 Monterey Street.
This hearing has been duly advertised and the property
owners notified as required by law.
Subject property, as well as adjacent properties, are
zoned M-1 (Light Manufacturing), but developed with residential
uses. A majority of the Board members felt the walls should be
required between the proposed parking areas and the adjacent
residential uses.
Mayor Shell declared the hearing open for public partici--
pation.
Mr. Victor Bonilla, the applicant, stated he cannot under-
stand the logic of the Board of Zoning Adjustment making someone
erect a masonry wall in this particular area and cannot see the
reason for it. This area is zoned M-i, which does not require a
masonry wall. He cannot see paying the extra $3,600 for that wall
when it will not benefit anyone. Mr. Bonilla requested that the
condition for the masonry wall be lifted.
No further protests or objections being received and no
one wishing to speak in favor, Mayor Shell closed the public portion
of the hearing for Council deliberation and action.
Planning Director Sceales stated this area is developed
as residential, although it is zoned industrial. The two Board
members who voted for the wall looked at it as a residential area
and not as an industrial area, and the ordinance requires a wall in
residential areas.
Bakersfield, California, October 13, 1982 - Page 13
Upon a motion by Councilman Rockoff, Zoning Resolution
No. 293 of the Council of the City of Bakersfield denying appeal
of Victor M. Bonilla from Board of Zoning Adjustment decision
imposing a requirement of a masonry wall as a condition to a
Conditional Use Permit to permit a fourplex apartment unit on
that certain property commonly known as 223 Monterey Street, was
adopted by the following roll call vote:
Ayes: Councilmen Means, Ratty, Rockoff, Barton
Noes: Councilmen Payne, Christensen
Absent: Councilman Strong
This is the time set for public hearing regarding Amend-
ment to the Land Use Element of the Bakersfield Metropolitan Area
General Plan and Proposed Environmental Documents concerning the
following general areas:
Segment I:
S. A. CAMP COMPANIES has applied
to change the Office designation
to Commercial for 0.37 acre located
at the northeast corner of 23rd
Street and "E" Street.
Segment II:
ADA HILL has applied to change
the Low Density Residential desig-
nation (2 - 5 dwelling units per
gross acre) to Commercial for 1.83
acres located between Stine Road
on the east and the Farmer's Canal
on the west, near the intersection
of Stine Road and Harris Road.
Segment III:
THE CITY OF BAKERSFIELD has applied
to change the Open Space designa-
tion to Industrial for 2.1 acres
located in the vicinity of the
southwest corner of Planz Road
and Madison Street.
Segment IV:
EAST BAKERSFIELD ASSOCIATES has
applied to remove a condition
requiring P.C.D. (Planned Com-
mercial Development) Zoning for
an 8.77 acre area approved to the
Commercial designation in General
Plan Amendment 3-79, Segment IX
regarding the Eastside Shopping
Center for property located
adjacent to the Highway 178 off-
ramp and drainage facility on the
north, Oswell Street on the east
and north of Bernard Street.
Bakersfield, California, October 13, 1982 - Page 14
Segment V:
THE CITY OF BAKERSFIELD has applied
to change the Low Density Residen-
tial (2 - 5 dwelling units per
gross acre), Medium Density Resi-
dential (6 - 15 dwelling units per
gross acre), and Office designations
to High Density Residential (16 - 45
dwelling units per gross acre) for
approximately 650 acres located in
20 areas.
This hearing has been duly
owners notified as required by law.
advertised and the property
The Planning Commission approved Negative Declarations
for Segments I, II, III, IV and V, and recommended approval of
Segments I, II, III, IV and V.
A letter has been received from F. R. and Virginia L.
Doll, 5261 Stine Road, #176, in opposition to Segment II.
Mayor Shell declared the hearing open for public partici-
pation on Segment I. No protests or objections being received,
the public portion of the hearing was closed for Council deliberation
and action.
Mayor Shell declared the hearing open for public partici-
pation on Segment II.
Councilman Payne stated he talked to Mrs. Virginia Doll
and the reason they oppose Segment II is that there is already a
vacant completed commercial office building directly across the
street. They also felt the zoning is improper next to a mobile
home park. Councilman Payne and Planning Director Sceales felt
that although commercial is not the best use for this property, it
is totally worthless as far as residential is concerned. It is
probably unmarketable if it is zoned anything other than commercial.
Mrs. Ada Hill, applicant, stated the property is useless
for housing, because if that is going to be a busy corner houses
should not be placed there. Mrs. Hill requested that the commercial
designation be granted.
Mr. Judge Robertson stated if a business is placed on
that property people would be employed and that is another con-
sideration.
Bakersfield, California, October 13, 1982 - Page 15
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.
Mayor Shell declared the hearing open for public partici-
pation on Segment III. No protests or objections being received,
the public portion of the hearing was closed for Council delibera-
tion and action.
Mayor Shell declared the hearing open for public partici-
pation on Segment IV.
Mr. John Brock, Partner of East Bakersfield Associates,
spoke in favor of removing the P.C.D. zoning condition on the 8.77
acre parcel and requested that the Council approved the request.
No protests or objections being received, Mayor Shell
closed the public portion of the hearing for Council deliberation
and action.
Councilman Rockoff called attention to an amended
resolution approving Segment IV.
Mayor Shell declared the hearing open for public partici-
pation on Segment V.
Mr. John Moore, resident of Parkway Avenue, which is
Section 8 of Segment V, stated he lives in an area that is zoned
Medium Density and he hopes this change to High Density does not
mean apartments will be built next to his home.
Planning Director Sceales stated Mr. Moore lives in an
area that is located between Oleander Avenue and "A" Street, one
block south of California Avenue. This property, as well as many
other parcels of property in older areas of Bakersfield, are zoned
R-3 for multiple family dwellings. The City is attempting to
conform the General Plan to the present zoning. It is recommended
that this block be removed and Mr. Moore get a petition signed by
his
R-l,
R-3.
neighbors requesting that the General Plan be changed back to
Low Density Residential. The present zoning in that block is
Bakersfield, California, October 13, 1982 - Page 16
29
No further protests or objections being received, Mayor
Shell closed the public portion of the hearing for Council deli-
beration and action.
Upon a motion by Councilman Barton, Resolution No. 117-82
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and approving Segment I of proposed amendment
to the Land Use Element of the Bakersfield Metropolitan Area General
Plan (Land Use Element 2-82), was adopted by the following roll
call vote:
Ayes Councilmen Means, Payne, Ratty, Rockoff, Barton,
Christensen
Noes None
Absent: Councilman Strong
Upon a motion by Councilman Payne, Resolution No. 118-82
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and approving Segment II of proposed amendment
to the Land Use E~ement of the Bakersfield Metropolitan Area General
Plan (Land Use Amendment 2-82), was adopted by the following roll
call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton,
Christensen
Noes: None
Absent: Councilman Strong
Upon a motion by Councilman Payne, Resolution No. 119-82
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and approving Segment III of proposed amendment
to the Land Use Element of the Bakersfield Metropolitan Area General
Plan (Land Use Amendment 2-82), was adopted by the following roll
call vote:
Ayes:
Noes:
Absent:
Councilmen Means, Payne, Ratty,
Christensen
None
Councilman Strong
Rockoff, Barton,
Bakersfield, California, October 13, 1982 - Page 17
Mr. Wayne Jackson, representing Ernest Hahn a General
Partner in East Bakersfield Associates, stated they would like to
be able to review the restrictions placed on the property in
Segment IV, because there are other beneficial uses for the
property that would not be opposed by the City that are not listed
in the C.C. & R.'s, when they apply for rezoning.
City Attorney Oberholzer stated the resolution presented
to the Council by Councilman Rockoff advises the proponents and all
interested parties that it is the intention of the Council that the
conditions may be applied to any rezoning of the property. This
expresses the intent that the Council is considering the conditions
and the applicant can contest them. The conditions are not being
imposed at this time. The applicant is just being put on notice
that when they apply £or the zoning on Segment IV, that the
Council intends to consider them.
Upon a motion by Councilman Christensen, Resolution No.
120-82 of the Council of the City of Bakersfield making findings,
adopting Negative Declaration and approving Segment IV of proposed
amendment to the Land Use Element of the Bakersfield Metropolitan
Area General Plan (Land Use Amendment 2-82), as proposed by Council-
man Rockoff, was adopted by the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton,
Christensen
Noes: None
Absent: Councilman Strong
Upon a motion by Councilman Payne, Resolution No. 121-82
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and approving Segment V of proposed amendment
to the Land Use Element of the Bakersfield Metropolitan Area General
Plan (Land Use Amendment 2-82), was adopted by the following roll
call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Barton,
Christensen
Noes: None
Absent: Councilman Strong
Bakersfield, California, October 13, 1982 - Page
This is the time set for public hearing on Resolution of
Intention No. 959 of the Council of the City of Bakersfield de-
claring 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 hearing has been duly posted.
The application for this vacation o£ a portion of McCall
Avenue was requested by Ken Lifquist of Karpe Associates.
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 Barton, Resolution No. 122-82
of the Council of the City of Bakersfield ordering the vacation of
a portion of McCall Avenue between Wible Road and State Route 99
in the City of Bakersfield, was adopted by the following roll call
vote:
Ayes:
Councilmen Means, Payne, Ratty, Rockoff, Barton,
Christensen
Noes: None
Absent: Councilman
Council,
adjourned
Strong
ADJOURNMENT
There being no further business to come before the
upon a motion by Councilman Christensen, the meeting was
at 10:20 P.M.
~lty ~f~akersf~
MAYOR of Calif.
ATTEST:
CITY CLERK arid Ex Officio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, October 27, 1982
of
Hall at 7:00 P.M., October 27, 1982.
The meeting was called to order by ~ayor Shell,
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present:
Minutes of a regular meeting of the Council of the City
Bakersfield, California, held in the Council Chambers of City
~4ayor Shell. Councilmen Payne, Ratty, Rockoff,
Barton, Christensen
followed
Strong,
Absent: Councilman ~eans
~inutes of the joint meeting of October 5, 1982, and
regular meetings of October 6 and 13, 1982, were approved as
presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Woody Bryant, owner of the Toy Circus located at 22nd
Street and Chester Avenue, stated a decision was made several weeks
ago by Golden Empire Transit to locate their off-street bus terminal
at the site of the Toy Circus, which would eliminate his business,
because there is not another building of that size in Bakersfield
for relocation purposes. It would also eliminate his warehouse,
swimming pool and parking facilities at 22nd and Eye Streets. If
he is forced to close his business it would put approximately 70
employees out of work. An alternative decision could be made that
would be more conducive to shoppers, attract more people downtown,
generate development and be beneficial to the entire community.
Mr. Bryant suggested that the Chester Avenue Transit ~ay be selected
and indicated he had a petition signed by 82 downtown property
owners and business people stating that they are not in favor of
locating the transit terminal at 22nd Street and Chester Avenue,
and they are in favor of the Chester Avenue Transit Way. Mr. Bryant
requested that the Council give new direction to the Board of
Directors of the Golden Empire Transit District for consideration
of the Chester Avenue Transit Way.
Bakersfield, California, October 27, 1982 - Page 2
Councilman Ratty stated he feels there has been a change
of mood over the past several weeks regarding the 21st Street site
for the bus terminal, compared to the Chester Avenue Transit Mall.
The Chester Avenue Transit Mall would make a dramatic change to
Downtown Bakersfield. He could understand the opposition if the
downtown business people did not want it, but almost all of them
support the Chester Avenue Transit Mall concept. This concept will
aid downtown business, improve the environment and it might be the
very thing that will trigger redevelopment.
Councilman Ratty made a motion that the Council reconsider
the options and go on record in support of the Chester Avenue
Transit Mall concept.
Councilman Payne stated he agrees it is time to rea~sess
the Council's previous decision, although a site location was not
discussed. The G.E.T. Board asked that the Council indicate whether?
or not they preferred the off-site facility, full terminal or the
mall. The majority of the Council indicated they preferred the
full terminal. He will not support a motion that strictly states
the Council wants a downtown Chester Avenue Mall. He is in favor
of the site at 19th and "K" Streets, and would be willing to support
a motion that indicates that site as the Council's first choice.
In the event any of the studies show that is not a viable location,
as a second choice, he would support the Chester Avenue Mall concept.
Councilman Barton stated he feels the same way Council-
man Payne does and opposes the 21st Street site. His first choice
would be the 19th and "K" Streets site, and would support the
Chester Avenue Mall as a second choice. Councilman Barton requested
Councilman Ratty to amend his motion to state the Council's first
choice is the 19th and "K" Streets site, the second choice is the
Chester Avenue Mall and not recommend the 21st Street site.
Councilman Ratty stated moving the patrons off Chester
Avenue would be a mistake and felt the Council should make a commit--
merit to the downtown mall.
Bakersfield, California, October 27, 1982 - Page 3
Councilman Rockoff stated he still opposes the mall
concept and can see the viability of using a site at 19th and "K"
Streets, rather than the 21st Street and Chester Avenue site.
Councilman Strong requested a division of the question
of whether the Council prefers a terminal or mall concept. He
would like the matter to be c~eared up, once and for all, that
the Council support either a ma~l concept or off-street terminal.
Councilman Ratty amended his motion that the Council go
on record supporting the transit mall, if the 19th and "K" Streets
off-site terminal is not selected by Golden Empire Transit.
Councilman Christensen stated he wants an off-street
terminal.
In answer to questions by Councilman Payne, Mark Gibb,
Director of Kern County Council of Governments, stated the G.E.T.
Board has directed the consultant to prepare a grant application
for the 21st Street site and it must be completed before the end
of the calendar year. The G.E.T. Board has been talking to some
fast food restaurant operations and they are considering that type
of facility at the 21st Street site to offset some of their
operating costs.
Councilman Christensen requested a division of the
question on whether the Council wants an off-street terminal or
a street mall. He is against the 21st Street and Chester Avenue
site, but definitely favors an off-street terminal and does not
want the mall.
Councilman Payne stated he is in favor of the off-street
terminal, but not at 21st Street and Chester Avenue. If he has to
take one'of those choices he wil~ give up the off-street terminal
to keep it off 21st Street and Chester Avenue.
Councilman Christensen requested that the motion be
divided into three parts.
Councilman Ratty's motion that the Council go on record
in support of an off-street terminal at 19th and "K" Streets, was
unanimously approved.
Bakersfield, California, October 27, 1982 - Page 4
8.5
Councilman Ratty's motion that the Council go on record
supporting the Chester Avenue Mall, in the event the 19th and "K"
Streets terminal is rejected, was approved by the following roll
vote:
Councilmen Payne, Ratty, Barton, Mayor Shell
call
Ayes:
Noes:
Absent:
Councilmen Rockoff, Strong,
Councilman Means
Pursuant to Section 14 of
case of a
Christensen
that in
deciding vote, Mayor Shell voted Aye.
Councilman Barton made a motion that
record in opposition to the off-street site at
the City Charter, which states
tie vote by the Council the Mayor shall cast the
the Council go on
21st Street and
Chester Avenue. This motion was approved with Councilman Rockoff
voting in the negative.
Councilman Strong stated he wants it very clearly stated
in the minutes that the Council is opposed to the recommended site
of 21st Street and Chester Avenue. He does not want the vote to
be misconstrued to mean that he wants the 21st Street and Chester
Avenue site if the other site is rejected.
Councilman Strong made a motion that the Council not
support the suggested location of 21st Street and Chester Avenue.
This motion carried by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen
Noes: None
Absent: Councilman Means
Councilmen Rockoff and Ratty stated that this matter is
not a power play on who is going to make the decision. It is
simply to give the G.E.T. Board some direction as to the Council's
feelings on the matter. The Council is not trying to dictate to
the G.E.T. Board, because they will be making the final decision.
Councilman Strong suggested that in the G.E.T. Board's
deliberations that serious consideration be given to the study,
Bakersfield, California, October 27, 1982 - Page 5
which has been ignored, that justifies to some extent the Council's
position in making a determination.
Mr. Jim Sears, 2000 - 18th Street, stated he is one of
the owners of the Kern City Golf Course and would like to defer
his comments until the Council considers the recommendation that
the ordinance prezoning the Kern City No. 2 Annexation be referred
back to the Planning Commission.
Mr. and Mrs. Arthur Kay, 47 East Hills Drive, submitted
petitions, containing 730 signatures, requesting installation of
traffic signals at the intersection of Oswell and Bernard Streets,
and outlined the traffic conditions surrounding this area.
Wanda Earls, Manager of Guarantee Savings at Oswell and
Bernard Streets, stated she was present tonight because she is
concerned for the safety of her employees, customers and herself,
who use this intersection on a daily basis.
Mr. Dee Wong, 4009 Sill Place, expressed his concern for
the safety of the children who have to use the intersection of
Oswell and Bernard Streets to go to and from school.
Mr. Bill Wonderly expressed his concern for the safety
of the school children who have to use the intersection of Oswell
and Bernard Streets to go to and from school, and requested that
the traffic signals be installed.
Director of Public Works Hawley stated the Traffic Section
reviewed this intersection several times in the past and it did not
meet the warrants. However, there has been a substantial increase
in the last few months and since school started studies of the
intersection have been made. Most of the field work is completed
and a report to the Council should be ready by the Council Meeting
of November 10, 1982.
Upon a motion by Councilman Rockoff, petition requesting
installation of traffic signals at the intersection of Oswell and
Bernard Streets, was received and referred to staff for study and
recommendation back to the Council at the meeting of November 10,
1982.
Bakersfield, California, October 27, 1982 - Page 6
Mr. Larry King, Commander of Veterans of World War I,
519 "F" Street, read a proclamation from the Mayor declaring
November 22-28, 1982, as Red Apple Fund Solicitation Week to aid
the veterans of World War I.
Mr. Richard Harrison, 138 Spruce Street, stated there
are numerous services the citizens are not getting from cable
television and suggested that a committee o£ the Council or citizens
be formed to investigate the matter.
Mrs. Pat Searles,
stated they receive service
problems they have had with
resident of Southwest Bakersfield,
from Cox Cable TV and outlined the
rudeness of their employees, lack of
a cable tv guide and being placed on hold on the telephone and
left hanging. She went into their office and was told they have
only two employees to answer seven lines and would have to see the
General Manager regarding the rudeness of the employees. She and
her husband talked to Howard Channell, General Manager, regarding
the lack of employees to handle incoming calls. He told them he
had two employees for the seven lines, he hired a third employee
and plans to hire another. He told them they did not have enough
people to handle all incoming calls and his hands were tied,
because the corporation has instituted a hiring freeze. They were
told the equipment is being changed and in areas where the switch-
over has been completed they do not have complaints. Mr. Channell
also told them, if everyone dropped their service in this area that
the gross profit for Bakersfield is like a drop in the bucket to
the corporation and they just
the Bakersfield consumer? If
they should be required to do
do not care. Where does that leave
they are going to serve the public
it properly.
Councilman Rockoff stated he is really upset because he
feels he has been lied to. Mr. Channell has been asked if he had
sufficient people for the telephone lines and he told them he has.
Mr. Channell's superiors have disclaimed any knowledge or partici-
pation in cost cutting. Based upon Mr. Channell's comments to Mrs.
Bakersfield, California, October 27, ~982 - Page 7
Searles it indicates there is a corporate decision that Cox Cable
is not going to give the service that people are paying for. If
the City has been lied to he will recommend that the City Attorney
do everything possible to eliminate Cox Cable TV's service.
~r. Howard Channell, General Manager of Cox Cable TV,
stated the day Mrs. Searles came ~nto their office he had four
employees manning the phones. Their service is too complicated
to hire temporary employees. There are nine employees in the
office capable of answering the phones and he has never lied to
the Council.
Councilman Ratty stated he is just as upset as Council-
men Rockoff. He has sat in the same meetings and heard the same
stories and believes Mrs. Searles.
Councilman Payne stated the cable tv companies should be
able to respond to the accusations before they are berated in public
to see if there are legitimate explanations to these situations. It
maybe a good idea for the Council to form a standing committee just
to address the cable tv situation.
Mrs. Ruth Gelman, subscribed to Warner Cable TV, stated
this situation has been going on for a long time and suggested that
the City specify a nonexclusive franchise that legally guarantees
the service to customers that they want to buy and auction the
new franchise to the highest, up front, cash bidder, including the
present franchise holders.
CORRESPONDENCE
Upon a motion by Councilman Strong, communication from
the Board of Directors of Kern City Golf Course requesting an
amendment to the General Plan for the Kern City Golf Course, was
received and referred to the Planning Commission for study and
recommendation.
Upon a motion by Councilman Strong, communication from
Edward L. Myers & Sons Construction, Division of MyKing, Inc.,
Bakersfield, California, October 27, 1982 - Page 8
dated October 27, 1982, regarding Community Development for the
City of Bakersfield, specifically Lakeview Area and Census Tract
22, was received and referred to the Budget Review and Finance
Committee.
COUNCIL STATEMENTS
statement
Councilman Christensen read the following prepared
and motion regarding dissolving the Redevelopment Agency:
I, as one Councilman, feel the City of Bakers-
field has a very unique opportunity which most
other cities have not been able to accomplish -
to have a strong, viable downtown. Downtown
Bakersfield is basically in the center of the
urban area and should be an attractive and
desirable place for people to shop and work.
I also feel that any direction this City takes
should be the responsibility of the elected
officials, the City Council. Downtown Redevelop-
ment has basically been delegated to the
Bakersfield Redevelopment Agency, and in realty
we have a duplication of effort as Council must
approve all major actions. We are at a very
critical time where strong, quick action is
required in order to achieve downtown redevelop-
ment. I believe we need to create an atmosphere
in the community where developers feel the City,
i.e., governing body, is receptive and would
encourage proposals for projects in the down-
town area and will utilize all reasonable means
to assist them in accomplishing their projects.
I feel the City Council is the appropriate body
to accomplish these goals. As a result, I would
move the City Council begin the appropriate
action to dissolve the Redevelopment Agency and
declare itself to be the Redevelopment Agency.
This motion is not intended to be disparaging
in any way to the past or present members of
the Redevelopment Agency who have worked long,
hard and diligently, but simply to place the
responsibility where it lies. In fact, there
are only about six cities in the State that have
separate redevelopment agencies.
City Attorney Oberholzer stated the Council can commence
action to dissolve the Redevelopment Agency and declare the City
Council the Redevelopment Agency. There are certain procedures
that must be followed, such as, a noticed public hearing on an
ordinance to be adopted naming the City Council as the Redevelop-
ment Agency and a report must be prepared to show the reason the
Council is assuming the responsibilities.
4O
Bakersfield, California, October 27, 1982 - Page 9
City Manager Kelmar requested that the staff be allowed
time to review the procedures and come back to the Council with a
recommendation at next week's meeting.
Councilman Christensen's motion that the City Council
begin the appropriate action to dissolve the Redevelopment Agency
and declare itself to be the Redevelopment Agency, was approved
by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen
Noes: None
Absent: Councilman Means
Dr. Richard Bilas, member of the Redevelopment Agency,
stated he is very pleased to see the Council take this action. He
made the same motion at a Redevelopment Agency Meeting and it died
for a lack of a second. He wanted to remind the Council to remember,
when this is being considered, that there are people who believe
very strongly in private property rights.
Mayor Shell read a letter from Gene Winer, member of the
Redevelopment Agency, resigning his posiition on the Redevelopment
Agency, effective immediately.
Upon a motion by Councilman Barton, resignation of Gene
Winer from the Redevelopment Agency, was accepted and the Mayor
was authorized to write a letter of appreciation for his years of
service to the City of Bakersfield.
REPORTS
Councilman Payne, member of the Business Development and
Parking Committee, read Report No. 12-82 regarding Off Street
Parking Requirements for Restaurant at 1525 - 19th Street, as
follows:
The City's off street parking requirements are
set forth in the City of Bakersfield Municipal
Code, Chapter 17.58. The Code requires a total
of seven off street parking spaces for a
restaurant on the property at 1525 19th
Street. That requirement may be satisfied by
Bakersfield, California, October 27, 1982 - Page 10
41
leasing of off street parking spaces within
500 feet of the restaurant. The City also
permits the restaurant to pay "in lieu parking
fees" instead of being required to provide the
parking spaces. The "in lieu parking fee" is
$7,000 per parking space, payable over a 20
year period, interest free.
At the Council Meeting of October 6, 1982, Mr.
Bill Dolan, on behalf of the proprietors of
the Wing Wah Care, located at the above address,
requested the City Council repeal Chapter 17.58
of the City Code, especially as it applies to
the in lieu parking fees and the 500 foot
perimeter set for the leasing of off street
parking spaces. He also requested the City
Council conduct a study to discover a more
equitable means to solve the downtown parking
problem and adopt a policy of restraint in the
enforcement of the ordinance provisions. The
matter was referred to the Business Development
and Parking Committee for study and recommendation.
This Committee has met to review the matter
with members of City staff. A review and dis-
cussions included such items as the reasoning
behind the ordinance (including in lieu fees),
the need for off street parking in the downtown
area, and whether the fees and amounts per space
are appropriate.
During our discussion, we noted the off street
parking requirements were established to assist
in relieving the shortage of parking spaces in
the downtown area as the downtown area grew and
developed. So as not to restrict development of
the downtown area where businesses were unable
to provide off street parking, the in lieu
parking fees were established and those fees
would in turn be used by the City to develop
off street parking. Additionally, since the
fee amortized over 20 years amounts to less
than $30 per month, this Committee has concluded
the fee to be reasonable and appropriate.
Therefore, this Committee recommends the request
of the proprietors of the Wing Wah Care be
rejected. We further recommend the City Council
continue to maintain policy of enforcement of
the ordinance pertaining to off street parking
and no revisions or changes be made to the
ordinance at this time.
Mr. William R. Dolan, 2208 - 20th Street, read a letter
requesting that the Business Development and Parking Committee
pursue the study of an effective Parking Management Plan to ensure
fuller use of existing parking lots near the downtown area and
seek means to discourage employees and owners of downtown businesses
from parking in areas adjacent to downtown business places.
Bakersfield, California, October 27, 1982 - Page
Upon a motion by Councilman Payne, Business Development
and Parking Committee Report No. 12-82 regarding Off Street Parking
Requirements for Restaurant at 1525 - 19th Street, was accepted;
request of proprietors of the Wing Wah Cafe, was rejected; and
the Council will continue to maintain a policy of enforcing the
ordinance pertaining to off street parking and no revisions or
changes will be made to the ordinance at this time.
Upon a motion by Councilman Barton, letter from Mr.
William R. Dolan requesting that the Business Development and
Parking Committee pursue the study of an effective Parking Manage-
ment Plan to ensure fuller use of existing parking lots near the
downtown area and seek means to discourage employees and owners
of downtown businesses from parking in areas adjacent to downtown
business places, was received, ordered placed on file and referred
to the Business Development and Parking Committee.
Councilman Rockoff, member of the Business Development
and Parking Committee, read Report No. 13-82 regarding Request of
San Joaquin Bank to Assume Five Parking Spaces in the "K" Street
Garage, as follows:
Recently, San Joaquin Bank established a branch
operation on the property located at 1301 -
17th Street. The property was previously
occupied by Wells Fargo Bank. Wells Fargo Bank
had an agreement with the City of Bakersfield
to use five parking spaces in the "K" Street
Parking Garage. On October 13, 1982, the City
Council received correspondence from San Joaquin
Bank requesting the City Council approve the
assignment of the referred to five parking
spaces from Wells Fargo to San Joaquin Bank.
The City Council referred the matter to this
Committee for study and recommendation.
This Committee has examined the request as well
as reviewed the existing lease agreement with
members of City staff. Although we concluded
an assignment of the five spaces as well as
the terms of the existing agreement would not
be in the best interest of the City, a lease
agreement between the City of Bakersfield and
San Joaquin Bank for the five parking spaces,
consistent with terms and conditions contained
in other such leases, would be appropriate.
Bakersfield, California, October 27, 1982 - Page 12
The fee would be $30 per month per space (as is
the other monthly lease spaces in the garage)
and would be subject to increase from time to
time as parking fees would be increased through-
out the "K" Street Garage. Staff has reviewed
these terms with Mr. John Hansen, Vice President
of San Joaquin Bank, and he considers them to
be acceptable.
Therefore, this Committee recommends the City
Council:
Reject the request for assignment of the
five spaces outlined in Agreement No.
75-104 between the City o£ Bakersfield and
Wells Fargo Bank.
Approve and authorize the Mayor to execute
the agreement for the leasing of five
parking spaces in the "K" Street Parking
Garage.
Upon a motion by Councilman Rockoff Business Development
and Parking Committee Report No. 13-82 regarding Request of San
Joaquin Bank to Assume Five Parking Spaces in the "K" Street
Garage, was accepted; request for five spaces as outlined in
Agreement No. 75-104 between the City of Bakersfield and Wells
Fargo Bank, was rejected; and Agreement between the City and San
Joaquin Bank for five parking spaces in the "K" Street Parking
Garage, was approved and the Mayor was authorized to execute same.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 31-82 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 11 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. In February, 1982, the
City Council approved further changes in the
curfew by changing the curfew to ll p.m. to
5 a.m. The City Council further requested the
parks continue to be monitored by staff and
this Committee report back to the City Council
in June, 1982.
Pursuant to Council direction, this Committee
further evaluated the matter while reviewing
the Police Department's budget request for
1982-83. The Committee felt a final report
would be premature at that time, and recommended
the City Council continue to defer action on
44
Bakersfield, California, October 27, 1982 - Page i3
alcoholic beverage consumption in City parks
through September, 1982. The recommendation
was approved by the City Council on July 7,
1982.
As directed, this Committee has met with members
of staff, including the Chief of Police. The
Chief of Police advised this Committee that the
Police Department has been enforcing the curfew
and has not encountered problems such as were
being experienced in the past. It was con-
cluded by the Chief of Police that the present
curfew is manageable and enforceable.
Therefore, this Committee recommends the City
Council take no further action with regards to
modifying City ordinances affecting alcoholic
beverage consumption and curfew in the City
parks. Further, we recommend City staff
continue to monitor City parks and report back
to this Committee with recommended changes,
should conditions warrant.
Upon a motion by Councilman Rockoff, Budge~ Review and
Finance Committee Report No. 31-82 regarding Alcoholic Beverage
Consumption and Curfew in City Parks, was accepted; and recom-
mendations as outlined in the report, were approved.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 32-82 regarding Cable T.V.,
as follows:
Recently, the City Council referred the matter
of cable television service problems to the
Budget Review and Finance Committee for study
and recommendation.
This Committee has had numerous meetings to
review and discuss cable T.V. and any and all
related problems. Our meetings included the
City staff and local as well as regional
management personnel from the cable companies.
Pursuant to our discussions, we concluded,
while complaints received by Council members
and City staff from time to time were various
as well as numerous, there are three major
areas of concern where complaints were the
heaviest. Those three major areas are:
Telephone Service - subscribers have
complained that personnel answering the
phones at the cable office are dis-
courteous, telephone lines are always busy,
and they are frequently placed on "hold"
and no one comes back to the phone.
2. Repair Service subscribers have complained
that requests for repairs have not been
Bakersfield, California, October 27, 1982 - Page 14
handled expeditiously, repeated visits are
necessary by repair personnel to correct
problems, and repair personnel have been
discourteous.
Program Listings subscribers have com-
plained that recent changes in service
by the cable companies have resulted in
their having to purchase program listings
and listings of new services not being
published in the local newspaper.
As we reviewed various problems, we felt there
were several things the City and the cable
companies could do in an effort to relieve
and hopefully eliminate present as well as
future problems. First, it was a consensus
that we establish a formal complaint procedure
for cable company response to customers' com-
plaints. Second, we felt a method of having
cable subscribers communicate to the City with
regards to service response, etc. (we suggested
a customer response card could be left with a
customer by the service personnel). Additionally,
we suggested the cable companies' records and
logs regarding the handling of complaints and
their responses to requests for service be
periodically audited by the City's Internal
Auditor. Also, we recommend the program guide
be mailed to "Spotlight" subscribers monthly
as was done in the past to the previous Movie
Channel subscribers. Finally, we recommend
that Cox Cable request the telephone company
perform a phone busy study for their telephone
system.
The foregoing suggestions and recommendations
were discussed with the local managers of both
cable companies and we requested their written
response to these recommendations be submitted
back to the Committee so they may be made a
part of this report.
In conclusion, we recommend that unless the
cable companies respond in a positive nature
to our recommendations, the City Attorney be
directed to proceed with alternatives with
regards to the franchise privilege.
Councilman Rockoff read letters from Cox Cable T.V. and
Warner Amex Cable T.V. responding to the Committee's recommendations.
Councilman Rockoff made a motion that Budget Review and
Finance Committee Report No. 32-82 regarding Cable T.V., be
accepted.
Mr. Mitch Farmer, Sales Representative for Cox Cable T.V.,
explained his duties and stated there are a lot of complaints, but
there are many people who have never complained about the service
Bakersfield, California, October 27, 1982 - Page 15
they are receiving. Things are falling into place now and the
service should improve shortly.
Mr. Christopher B. Forgy, General Manager of Warner Amex
Cable T.V., in answer to a question by Councilman Payne, stated in
the Kern County area they serve approximately 42,200 subscribers
and approximately 10,000 live in the City of Bakersfield. Their
system encompasses portions of the City of Bakersfield, and Cities
of Delano, McFarland, Wasco, Shafter, and surrounding unincorporated
areas of Kern County. They operate under seven different franchise
ordinances. The first was granted in 1965 and the last was granted
in 1979 by the City of Bakersfield. In future action by the Council
it would be appropriate if the differences in the franchises with
Warner Amex Cable ?.V. and Cox Cable T.V. and the legal difference~s
in the two corporations were recognized and the matter not be
dealt with as cable companies lumped together. In the Bakers-
field area they have recently completed the upgrading of all their
active electronics, amplifiers and line extenders, and are now
embarking on another program that involves changing that same
equipment to expand the channel capacity. The area affected at
any one time is very small and the work is done during the day in
the middle of the week to minimize interference.
Mr. Howard Channe11, General Manager of Cox Cable T.V.,
stated they have had a franchise in the City of Bakersfield since
1965 and they serve slightly under 20,000 subscribers, all within
the City of Bakersfield. They are in the last phases of a complete
system rebuild and are on schedule. It should be completed by the
second week in November. In answer to a question by Councilman
Payne, Mr. Channell stated they are facing budget cuts and freezes
in hiring, however, it will not affect service because he has
enough employees to serve the people now. Mr. Channell stated he
is willing to do anything to help the City, because the Council
should not be having the complaints they are having.
Bakersfield, California, October 27, 1982 - Page 16
47
Upon a motion by Councilman Rockoff, staff was directed
to find out what the Council can do to initiate competition in the
cable television business, prerogatives as to rate regulations and
necessary steps that may be taken to stop some of the problems.
Mayor Shell declared a brief recess at 9:50 P.M. and
reconvened the meeting at 10:00 P.M.
Councilman Strong, member of the Voucher Approval
Committee, read Report No. 3-82 regarding 19th and Chester Transit
Transfer Point, as follows:
Based on recent action of the City Council,
Redevelopment Agency, and the Golden Empire
Transit (GET) Board regarding a permanent
solution to the downtown transit transfer
point, the Voucher Committee has again met
with the staff and GET representatives to dis-
cuss interim solutions to the problems at 19th
and Chester. After many meetings on this subject,
we have worked out some short term soluctions which
should be acceptable to all parties involved.
Since the permanent GET transfer facilities
will not be completed for approximately one and
one-half years, we are recommending the following
actions be taken during the interim.
Allow GET to continue operating the 19th
and Chester transfer point until their new
facilities are completed.
Recommend that the City share with GET on
a 50/50 basis the cost of maintaining the
area at 19th and Chester on a regular basis.
These maintenance costs would also include
new trash receptacles. We are recommending
that up to $5,000 be authorized for this
purpose during fiscal year 1982-83. GET
will be responsible for this cleanup program
and will bill the City at the end of the
£iscal year. Funds are to be appropriated
from the Council's Contingency Fund.
In addition to these recommendations, GET has
informed this Committee that they have instructed
their drivers to turn off their engines if they
are stopped for more than five minutes at 19th
and Chester, and at no time are the buses to be
stopped for more than ten minutes.
GET will also look into the possibility of ex-
tending the transfer point at 19th and Chester
an additional half block on both sides of
Chester in an attempt to alleviate the
congestion. The Police Department will continue
the foot patrol of this area to enforce the
City's Littering Ordinance.
48
Bakersfield, California, October 27, 1982 - Page 17
Hopefully, these short term solutions will
help in eliminating the majority of problems
at the downtown transfer point. This Committee
will continue to monitor these programs, and
if necessary, we will look at other possible
remedies and make additional recommendations
for Council consideration.
Mr. Jim Treanor, President of the Downtown Business
Association, read a letter from the Downtown Business Association,
dated October 27, 1982, as follows:
Members of the City Council's
Voucher Committee:
Councilman John Means
Councilman Vernon Strong
Councilman J.M. "Chris" Christensen
From: Board of Directors of the Downtown
Business Association
Subject: 19th and Chester Transfer Point
The Board of Directors of the Downtown Business
Association would like to take this opportunity
to thank you for all the hours that you have
spent dealing with the problem at 19th and
Chester.
We also want you to know that we are in agree-
ment with you on your recommendations to the
City Council. It is our hope that the working
agreement between the City and G.E.T. works out.
According to the information that we received,
G.E.T. is looking into the possibility of
extending the transfer point another half block
on both sides of the street. We want to make
it quite clear that the D.B.A. will strongly
oppose any and all attempts to expand.
Once again, we thank you.
Sincerely,
DOWNTOWN BUSINESS ASSOCIATION
Jim Treanor
President
Upon a motion by Councilman Strong, Voucher Approval
Committee Report No. 3-82 regarding 19th and Chester Transit
Transfer Point, was accepted; and recommendations as outlined in
the report, were approved.
Bakersfield, California, October 27, 1982 - Page 18
49
The
(a)
CONSENT CALENDAR
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 1949 to 2351,
inclusive, in the amount of $1,889,473.88.
(b) Claim for Damages from Patricia O. Reese,
600 Lansing Drive #15, Bakersfield.
(Refer to City Attorney)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
Claim for Damages and Personal Injuries
from Lonnie Gutierrez, 204 Donna Avenue,
Bakersfield. (Refer to City Attorney)
Claim for Damages from Jon William Rawlins,
125 Washington Avenue, Oildale. (Refer to
City Attorney)
Claim for Damages from Phillip Robb, 2918
Renegade Avenue, Bakersfield. (Refer to
City Attorney)
Right of Way Deeds and Easements from B.L.
Dickinson, Inc., Robert A. Wadsworth, B.L.
and N.R. Dickinson, and R. A. Wadsworth,
Builder, Inc., providing dedication for a
portion of Fairfax Road, Royal Coach Circle
and a portion of Paladino Drive; Temporary
Turnaround Easement on Paladino Drive west
of Fairfax Road; site for drainage basin
and sewer lift station; and easement for
public utilities, sewers and storm drains.
These items were required by the Planning
Commission for Tract Nos. 4404-4407, located
north of Panorama Drive, east of Fairfax
Road.
Water Line Easement from Lunn Production
Service, located west of Gibson Street and
on south side of Burr Street approximately
2,400 feet south of Rosedale Highway, for
construction of water lines within the
Fairhaven Water District.
Water Line Easement from Quailwood
Properties required by the Planning
Commission for construction of water mains
within Parcel Map No. 5700, located south
of Westfield Road and east of Coffee Road.
Map of Tract No. 4242, Unit 2, and Improve-
ment Agreement with Barratt Northern
California, Inc., for construction of
improvements therein, located east of
South "H" Street on the north side of
Fairview Road.
Notices of Completion and Acceptance of
Work on the following:
Improvement of Sundale Avenue, "Q" Street,
Union Avenue and 30th Street, Contract No.
82-115 with James G. Francis.
5O
Bakersfield, California, October 27, 1982 - Page
(j) CONTINUED
(k)
(m)
(n)
(o)
(P)
(q)
(r)
Construction of addition to Vehicle Ser-
vice Building at Police Facility, Contract
No. 82-92 with McCowan's Construction.
South "H" Street resurfacing, Ming Avenue
to White Lane, Contract No. 82-116 with
James G. Francis.
Storm Drains in Larson and Della Streets,
Contract No. 82-118 with B & B Plumbing
Company, Inc.
Construction of Riverside Drive, Contract
No. 82-26 with E-Z 8 Motels, Inc.
Improvements located on west side of Real
Road north of Wilson Road, Contract No.
82-10 with Von's Realty Company.
Application for Encroachment Permit from
Gary L. Mason, 5700 Alberta Street, Bakers-
field, for construction of a 6 foot high
masonry column and wood fence, l0 feet
behind curb, per conditions of Board of
Zoning Adjustment Modification No. 3841.
Application for Encroachment Permit from
Rodney R. Brown, 215 Los Nietos Court,
Bakersfield, for construction of a 4 foot
wrought iron fence to enclose model homes
at 13301, 13305 and 13401 Paisley Court,
behind sidewalk area.
Application for Encroachment Permit from
Lizzie Stallings, 1920 Ming Avenue, Bakers-
field, for construction of a 4 foot high
fence on a 1 foot high retaining wall
behind sidewalk at 1920 Ming Avenue.
Plans and Specifications for reconstruction
of a portion of Stine Road from Pacheco
Road to Harris Road.
Plans and Specifications for Storm Drain
and Box Culvert along Wible Road, from
Garland Avenue, north to an existing
catch basin on Wible Road.
Plans and Specifications for construction
of Storm Drains at Myrtle and 24th Streets,
Palm and "H" Streets, and 2nd and Eye
Streets.
Plans and Specifications for resurfacing
portions of Belle Terrace between New
Stine Road and Stine Road, Oak Street
between Stockdale Highway and California
Avenue, and New Stine Road between Wilson
Road and Ming Avenue.
Traffic Studies on School Crossing Guards
at various locations. (Refer to Budget
Review and Finance Committee)
Bakersfield, California, October 27, 1982 - Page 20
(s)
Resolution No. 123-82 of the City Council
determining Unpaid Assessments and issuing
Bonds under the "Improvement Bond Act of
1915." Assessment District No. 81-1.
Upon a motion by Councilman Strong, Items (a), (b), (c),
(f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(d), (e),
(q), (r)
following roll
Ayes:
Noes:
Absent:
and (s) of the Consent Calendar, were adopted by the
call vote:
Councilmen Payne, Ratty,
None
Councilmen Christensen, Means
ACTION ON BIDS
Upon a motion by Councilman Payne,
Rockoff, Strong, Barton
low bid of R & R
Machinery and Electric, in the amount of $5,421.83, for Tilting
Arbor Saw and Accessories, was accepted and all other bids rejected.
Upon a motion by Councilman Barton, low bid of Rescue
Safety Products, in the amount o£ $23,759.07, for Air Compressor
for the Fire Department, was accepted and the other bid rejected.
Upon a motion by Councilman Payne, low bid of Granite
Construction Company for Alternate A, in the amount of $232,492,
for resurfacing Montclair Street between Stockdale Highway and
Easton Drive, Stockdale Highway between E1 Rio Drive and Coffee
Road, and Buena Vista Road between Fraser Road and Stockdale
Highway, was accepted, the other bid rejected and the Mayor was
authorized to execute the contract.
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 £or twenty-five
mobile two-way radios for the Police Department, not to exceed the
budgeted amount of $50,000.
Upon a motion by Councilman Payne, low bid of Bakersfield
Motorcycle Supplies, Inc., in the amount of $11,956.29, for
motorcycle tires, was accepted and the other bid rejected.
Bakersfield, California, October 27, 1982 - Page
Upon a motion by Councilman Rockoff, bid of Herbert P.
Sears for collection of delinquent accounts, was accepted, all
other bids rejected and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Strong, low bid of Berchtold
Equipment Company, in the amount of $19,387.40, for tractor loader
and accessories, was accepted and all other bids rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 2783 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 o£ Bakersfield located at
the southwest corner of Planz Road
and Madison Avenue.
This proposed 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) and "P"
(Automobile Parking) Zones.
This proposed zoning is consistent with the adopted
Bakersfield Airpark Land Use Plan.
Upon a motion by Councilman Barton, Negative Declaration
and Ordinance No. 2783 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
at the southwest corner of Planz Road and Madison Avenue, finding
said zonings consistent with the Genera~ Plan, were adopted by the
following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Barton
Noes: Councilman Strong
Absent: Councilmen Christensen, Means
Adoption of Ordinance No. 2784 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 ~01 Portales Real.
Bakersfield, California, October 27, 1982 - Page 22
The application for this amendment was made by J. R.
Smeed and would change subject property from an R-1 (One Family
Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling) Zone.
The Planning Commission recommended approval of this
amendment, subject to the condition that two dwelling units shall
be the maximum number of units constructed on subject property.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2784 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 101 Portales Real, finding said zoning consistent with
the General Plan, were adopted by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockof£, Strong, Barton
Noes: None
Absent: Councilmen Christensen, Means
Referral of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Chapter
17.06 (Zoning Map) of the Municipal
Code of the City of Bakersfield,
regarding Prezoning of property known
as Kern City No. 2 Annexation.
This amendment would prezone those certain properties
proposed for annexation to an R-1 (One Family Dwelling), R-2
(Limited Multiple Family Dwelling), R-3 (Limited Multiple Family
Dwelling), C-O (Commercial and Professional Office), C-1 (Limited
Commercial), and RE (Recreation) Zones.
The Planning Commission recommended approval of the pre-
zoning for the Kern City No. 2 Annexation.
City Manager Kelmar stated a memorandum has been received
from the Planning Director, dated October 22, 1982, requesting that
this item be referred back to the Planning Commission for further
study and recommendation.
Upon a motion by Councilman Strong, Ordinance of the
Council of the City of Bakersfield amending Section 17.06.020 of
§4
Bakersfield, California, October 27, 1982 - Page 23
Chapter 17.06 (Zoning Map) of the Municipal Code of the City of
Bakersfield, regarding Prezoning of property known as Kern City
No. 2 Annexation, was referred to the Planning Commission.
NEW BUSINESS
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located at 1801 Brundage
Lane.
The application for this amendment was made by Harold E.
Musick and would change subject property from a C-1 (Limited
Commercial) Zone to a C-2 (Commercial) Zone.
amendment.
The Planning Commission recommended approval of this
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
by changing the Land Use Zoning of that certain property in the
City of Bakersfield located at lB01Brundage Lane.
Adoption of Resolution No. 124-82 of
the Council of the City of Bakers-
field establishing rules and regulations
under which a Permit to Discharge a
Gun will be granted.
Upon a motion by Councilman Payne, Resolution No. 124-82
of the Council of the City of Bakersfield establishing rules and
regulations under which a Permit to Discharge a Gun will be granted,
was adopted by the following roll call vote:
Ayes Councilmen Payne, Ratty, Rockoff, Strong, Barton
Noes None
Absent: Councilmen Christensen, Means
Approval of Agreement between the
County of Kern and City of Bakers-
field for paving a 400 foot section
of Stockdale Highway within the City
of Bakersfield.
The County of Kern has plans to resurface all of Stock-
dale Highway within the unincorporated area between Freeway 99 and
Gosford Road. After completion of this project, the only remaining
unpaved portion will be a 400 foot section within the City. The
Bakersfield, California, October 27, 1982 - Page 24
55
County is willing to include this area with their project. The
staff recommends that the cooperative agreement be approved and
that savings from completed Gas Tax Projects in Account No.
34-79500-293 be used to pay the City's portion, not to exceed
$13,000.
Upon a motion by Councilman Ratty, Agreement between the
County of Kern and City of Bakersfield for paving a 400 foot section
of Stockdale Highway within the City of Bakersfield, was approved,
the Mayor was authorized to execute same and use of savings from
completed Gas Tax Projects in Account No. 34-79500-293, not to
exceed $13,000, was approved.
Approval of Agreement between Golden
Empire Transit District and the City
of Bakersfield for drainage discharge.
Golden Empire Transit District requested permission to
discharge drainage from their property located along Golden State
Highway Frontage Road into a City maintained storm drain system.
Since this property is not within the City Limits, the agreement
provides for a lump sum payment of $2,200 to the City for future
maintenance costs. The Public Works Department recommends approval.
Upon a motion by Councilman Barton, Agreement between
Golden Empire Transit District and the City of Bakersfield for
drainage discharge, was approved and the Mayor was authorized to
execute same.
Approval of Request from Bakersfield
Neon Sign Company for reinstallation
of a Sign 57 feet in height at the
southwest corner of Auburn and Oswell
Streets.
All signs exceeding 50 feet in height require Council
approval. There is a Texaco Service Station on this property,
which has been closed for sometime, but will be reopened soon.
All signs were removed when the station was closed.
This request would allow installation of a sign that
existed previously. The proposed sign is the same size and height
as the previous one, and the sign supports are still in place.
Bakersfield, California, October 27, 1982 - Page 25
The proposed sign has an area of 148 square feet. There
is a 112 square foot sign on the same support, which advertises an
adjacent restaurant. The combined area of 260 square feet exceeds
the 240 square feet permitted in this C-2 Zone by ordinance.
Mr. Jim Dalley, representing Bakersfield Neon Sign
Company, stated he was present to answer questions of the Council.
After discussion, upon a motion by Councilman Payne,
request of Bakersfield Neon Sign Company for reinstallation of a
Sign 57 feet in height at the southwest corner of Auburn and Oswell
Streets,
Ayes:
Noes:
Absent:
Council,
adjourned at
was approved by the following roll call vote:
Councilmen Payne, Ratty, Rockoff, Strong, Barton
None
Councilmen Christensen, Means
ADJOURNMENT
There being no further business to come before the
upon a motion by Councilman Barton, the meeting was
10:40 P.M.
MAYOR of t~ity of ~Bakersfield, Calif.
ATTEST:
CITY x O~/ficio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, November 3, 1982
Minutes o£ a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 P.M., November 3, 1982.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Rockoff, Strong, Barton,
Christensen, Payne
Absent: Councilmen Ratt~, Means
SCHEDULED PUBLIC STATEMENTS
Mr. Ed Laevally, representing James Petroleum, referring
to an Emergency Ordinance on the agenda under New Business regarding
nozzles for dispensing Class 1 liquids (gasoline), at card-lock
self-service gas stations, explained the principle of an automatic
nozzle, and they feel it would create a more hazardous situation
to remove them.
Director of Fire and Development Services Needham
explained that the reason for the removal of the locking devices
on the nozzle is for safety purposes. Mechanical failure could
create a situation, whereby, the people dispensing gasoline would
be in a dangerous situation. Locking devices on nozzles have not
been allowed on any service station in the City where an attendant
is not present. This ordinance is simply clearing up the language
in the present ordinance so card-lock operations will be included.
~r. Bill Davies, representing Davies Petroleum, stated
they have been operating key and card-locks since 1964 and have
not had a significant spill or fire using the latch-open~devices.
Mr. Laevally stated they have removed the devices, but
would rather have them on the nozzles, because they feel they are
safer.
Mr. Frank Greinke, representing Navy Oil Company, stated
he was present to protest the proposed Emergency Ordinance, because
customers will come up with their own devices to latch-open the
Bakersfield, California, November 3, 1982 - Page 2
nozzle, thereby, creating a more dangerous situation. They have
operated in the City for 17 years without problems or a fire.
Councilman Strong stated he is totally unfamiliar with
how these nozzles operate and would like to see one demonstrated.
Councilman Payne stated, because staff felt this was
important enough to place it on the agenda as emergency legislation,
he would feel uncomfortable with a delay.
Upon a motion by Councilman Christensen, Emergency
Ordinance amending Section 15.64.180 of the Municipal Code relative
to nozzles for dispensing Class 1 liquids at self-service stations,
was advanced on the agenda for action at this time.
Deferral of an Emergency Ordinance
of the Council of the City of
Bakersfield amending Section 15.64.180
of the Bakersfield Municipal Code
relative to Nozzles for dispensing
Class 1 liquids at Self-Service
Stations.
There are presently, in use in the City of Bakersfield
at card-lock self-service gasoline stations, nozzles for dispensing
Class 1 liquids (gasoline), which are equipped with latch-open
devices that present a hazard to the public health and safety.
Existing provisions of the Bakersfield Municipal Code
prohibiting such latch-open devices at self-service stations,
open to the public, do not specifically extend such prohibition
or similar membership or account-only self-
This proposed Emergency Ordinance will facilitate
to card-lock, key,
service stations.
this restriction.
Councilman Strong stated the City should take the time
to determine if the County has a similar ordinance and he would
also like to become more familiar with the device.
Councilman Payne made a motion to adopt an Emergency
Ordinance of the Council of the City of Bakersfield amending
Section 15.64.180 of the Bakersfield Municipal Code relative to
Nozzles for dispensing Class i liquids at Self-Service Station.
Bakersfield, California, November 3, 1982 - Page 3
59
This motion
Ayes:
Noes:
Absent:
Abstaining:
failed to carry by the following roll call
Councilmen Rockoff, Barton, Payne
Councilman Strong
Councilmen Ratty, Means
Councilman Christensen
vote:
City Attorney Oberholzer stated it takes two-thirds of
the Council present to adopt an Emergency Ordinance, so the motion
failed to carry.
Councilman Strong requested that the Emergency Ordinance
be placed on the agenda for the Council Meeting of November 10,
1982, for Council action.
STUDENT GOVERNMENT DAY PARTICIPANTS
Mayor Shell welcomed and introduced the student counter-
for Mayor and members of the Council, who will be partici-
Government Day, November 10, 1982, as
parts
pating in the Annual Student
follows:
Mayor
Councilperson
Councilperson
Councilman
Erik Skaggs
Julie Shepard
Michelle Marcellin
John Burnire
CORRESPONDENCE
Upon a motion by Councilman Payne,
USA Properties Fund, Inc., dated October 26,
West High School
Bakersfield High School
Highland High School
South High School
communication from
1982, requesting a
General Plan Amendment for property located in the general vicinity
of the southeast corner of Planz Road and Stine Road, was received
and referred to the Planning Commission for study and recommendation.
Upon a motion by Councilman Payne, communication from
Chris A. Addington & Associates, Inc., A.I.A. Architects, dated
October 29, 1982, requesting a General Plan Amendment for high
density use of property on Real Road at Palm Street (formerly
Potter Trucking site), was received and referred to the Planning
Commission for study and recommendation.
Upon a motion by Councilman Rockoff, communication from
Martin-Mcintosh, Land Surveying-Civil Engineering, dated October
Bakersfield, California, November 3, 1982 - Page 4
26, 1982, requesting a General Plan Amendment for property located
at the west end of Jeffrey Street, was received and referred to
the Planning Commission for study and recommendation.
Upon a motion by Councilman Payne, communication from
Paul Slevkoff, 1204 White Lane, dated November l, 1982, regarding
the speed limit, noise and traffic on White Lane, was received and
referred to the Traffic Authority.
Upon a motion by Councilman Rockoff, communication from
Mrs. Doris Morrow, 209 East Warren, #B, regarding cable television
service, was received and ordered placed on file.
Upon a motion by Councilman Payne, communication from
Panama Union School District, dated November 2, 1982, requesting
that the Council establish fees on residential construction within
the City to help alleviate overcrowding in school districts, was
received and referred to the Budget Review and Finance Committee.
COUNCIL STATEMENTS
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 32-82 regarding Cable T.V., which
was presented at the Council Meeting of October 27, 1982, was
accepted; and recommendations as outlined in the report, were
approved.
Councilman Rockoff, on behalf of the Council, congratu-
lated the City's Financial Staff who participated in the annual
audit.
Councilman Payne stated he received a telephone call
from a constituent who expressed concern because no one from the
City was present to welcome 600 members of the Airstream Trailer
Club. The Good Sam Camper organization is planning a similar
function at the Fairgrounds in the near £uture and the constituents
was advised to invite the Mayor and Chamber of Commerce.
REPORTS
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 10-82 regarding Water
Department Reorganization, as follows:
Bakersfield, California, November 3, 1982 - Page 5
With the pending retirement of the City's
Agricultural Water Manager, John Chafin, the
City Manager has proposed to this Committee
a reorganization which we feel has merit, and
upon implementation, will better meet the needs
of the City's overall water interests. This
plan calls for the merging of Agricultural
Water, Domestic Water, and the Wastewater
Division into one department. Attached to
this report is the proposed organizational
structure for the Water Resources Department.
As you will note in this organizational chart,
the department will be headed by a Director
and Assistant Director, Agricultural and
Domestic Water Manager, and a Wastewater
Superintendent. This is one less management
position than we presently have, however, it
is felt that by combining these divisions, the
necessary management responsibility can be
assumed through the proposed organizational
structure. This reorganization will result in
an annual savings of approximately $35,000, and
at the same time offer a more efficient operation.
It is becoming more apparent as time progresses
these three areas are becoming interrelated and
the combination would provide a more effective
and efficient use o£ City resources. By com-
bining these three divisions, all of the City's
water interests would be better served and
future growth will be planned towards a common
goal.
The Governmenta~ Efficiency and Personnel
Committee is in complete agreement with the
City Manager on his proposal and we are recom-
mending the following:
1. Create a new Department of Water Resources
as outlined in the organizational chart.
o
Reclassify the Agricultural Water Manager
classification to Director of Water
Resources at a monthly salary range of
$3,450 to $4,173.
Reclassify the Assistant Agricultural Water
Manager classi£ication to Assistant Director
of Water Resources at a monthly salary range
of $2,856 to $3,451.
Eliminate one Water Superintendent position
and reclassify the other Water Superintendent
position to Agricultural and Domestic Water
Manager at a monthly salary range of $2,663
to $3,215.
In order for this reorganization to be done as
efficiently as possible, we are recommending
that an agreement be worked out with John Chafin
retaining him as a Water Consultant to the City.
Terms of such agreement to be finalized and
forwarded to the City Council upon his retire-
ment. We further recommend that the Agricultural
Bakersfield, California, November 3, 1982 - Page 6
and Domestic Water functions be combined as of
January 1, 1983. The Wastewater Division will
be transferred in over a six month period,
with the final transfer date officially set
for June 30, 1983. The Sewer Maintenance
Section, which is presently under the Waste-
water Division, will be transferred to the
Street Maintenance Division also effective
June 30, 1983. To implement these actions,
the Governmental Efficiency and Personnel
Committee recommends Council approval of the
following:
1. Approval of this report.
2. Consider as first reading the ordinance
creating the Department of Water Resources.
Approve the job specifications for the
classification of Director of Water Resources,
Assistant Director of Water Resources and
the Agricultural and Domestic Water Manager.
4. Approve the amendments to the Salary
Resolution.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 10-82 regarding Water Department
Reorganization, was accepted; and job specifications for the
classifications of Director of Water Resources, Assistant Director
of Water Resources and Agricultural and Domestic Water Manager,
were approved.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 2.16 of Title 2,
Sections 2.16.010, 2.16.020 and
adding Subsection (H) to Section
2.16.030.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Chapter 2.16 of Title
2, Sections 2.16.010, 2.16.020 and adding Subsection (H) to
Section 2.16.030.
City Attorney Oberholzer stated it would not be appro-
priate to adopt the resolution setting salaries and related
benefits until the ordinance becomes effective establishing the
new positions. The resolution deletes present positions within
the City.
Bakersfield, California, November 3, 1982 - Page 7
The
(a)
(b)
(c)
(d)
(e)
(f)
CONSENT CALENDAR
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 2352 to 2518,
inclusive, in the amount of $309,528.64.
Claim for Damages from Esperanza Dominguez
Velazco and Jose Antonio Velazco, c/o
Ronald D. Dessy, Attorney at Law, 1508 -
18th Street, Suite 212, Bakersfield.
(Refer to City Attorney)
Claim for Damages from Johnny Sue Sorensen,
c/o Robinson, Palmer & Stanton, Attorneys
at Law, 1326 "H" Street, Suite 37, Bakers-
field. (Refer to City Attorney)
Water Line Easement from Gus Enterprises
X for properties located at the inter-
section of Mohawk Avenue and Business
Park North.
Street Right-of-Way Deed from Lizzie
Stallings providing additional right-of-
way on north side of Ming Avenue east of
Anita Lane, and permits widening of
Ming Avenue to standard width.
Road Easement from Carver
Partnership One providing
street width for sidewalk
around Parcel A of Parcel
located between Tower Way
Avenue and between Mohawk
West Commercenter.
Development
additional
construction
Map No. 6368,
and California
Street and
(g) Notices of Completion and Acceptance of
Work on:
(h)
(i)
Tract No. 4416, Contract No. 82-67 with
P.S.B. Development, Inc., located at the
southeast corner of Ashe Road and South
Half Moon Drive.
Parcel Map No. 6368, Contract No. 82-76
with Tenneco Realty Development Corporation,
located at northwest corner of California
Avenue and Mohawk Street.
Montclair Street Storm Drain, Contract No.
82-168 with J.L. Denio, Inc.
Plans and Specifications for Traffic Signal
Systems on Ming Avenue at Ashe Road and
Gosford Road.
Contract Change Order No. 1 to Contract
No. 82-168 with J. L. Denio, Inc., for
construction of the Montclair Street Storm
Drain. This Change Order provides for one
additional catch basin and 65 feet of 24"
concrete pipe. These items were a part
64
Bakersfield, California, November 3, 1982 - Page 8
(i) CONTINUED
of bid Alternate A, which was eliminated
from the contract because of insufficient
funds. Due to the drainage problems it
is desirable to complete this portion of
Alternate A prior to the winter rains.
The cost of this change is $5,526 and the
total contract price as a result of the
Change Order is $34,474, and within the
total amount budgeted for this work.
(J)
Request for Leave of Absence Without Pay
for Communications Supervisor Gale Blaser.
Mrs. Blaser is presently on a 30-day
leave of absence without pay and she is
requesting an additional 30-day leave,
which will carry her through November 28,
1982.
(k)
Proposed Agreement with John Carollo
Engineers for Preliminary Design Service
and Financial Plan Report for Upgrading
and Expansion of Wastewater Treatment
Plant No. 3. (Refer to Water and City
Growth Committee)
Upon a motion by Councilman Payne, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j) and (k) of the Consent Calendar,
were adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Payne
Noes: None
Absent: Councilmen Ratty, Means
ACTION ON BIDS
Upon a motion by Councilman Christensen, usual bidding
requirements were dispensed with, in accordance with Section 3.20.060
of the Municipal Code, and the Finance Operations Manager was
authorized to purchase portable stage rising and enclosure drapes
for the Civic Auditorium from SICO Incorporated, not to exceed the
budgeted amount of $14,000.
Upon a motion by Councilman Rockoff, low bid of Bayless
Stationers, in the amount of $5,763.12, for Annual Contract for
Stock Computer Paper, was accepted, all other bids rejected and
the Mayor was authorized to execute the contract.
Upon a motion by Councilman Payne, low bid of Cycles
Unlimited, in the amount of $32,614.72, for Six Police Special
Motorcycles, was accepted and all other bids rejected.
Bakersfield, California, November 3, 1982 - Page 9
Upon a motion by Councilman Rockoff, low bid of Reynold's
Trophy Shop, in the amount of $3,489.63, for Annual Contract for
Trophies, was accepted, all other bids rejected and the Mayor was
authorized to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2785 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield located at
lB01Brundage Lane.
The application for this amendment was made by Harold E.
Musick and would change subject property from a C-1 (Limited
Commercial) Zone to a C-2 (Commercial) Zone.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2785 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakers£ield located
at 1801Brundage Lane, finding said zoning consistent with the
General Plan, were adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Payne
Noes: None
Absent: Councilmen Ratty, Means
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 15.12.280 and re-
pealing Section 16.44.030 B. of the
Bakersfield Municipal Code relative
to Final Grading Report and City
Engineer's Certificate.
The ordinance presently requires the Engineer's Grading
Report and Certificate to be filed with the County Recorder. This
requirement is not a provision of State Law and is not necessary.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 15.12.280 and
Bakersfield, California, November 3, 1982 - Page l0
repealing Section
relative to Final Grading Report and City Engineer's
16.44.030 B. of the Bakersfield ~unicipal Code
Certificate.
Adoption of Resolution No. 125-82 of
application of the Council of the
City of Bakersfield proposing
proceedings for annexation of terri-
tory to the City of Bakersfield
identified as Annexation No. 288
(Park Stockdale).
owners
Bakersfield. Six hundred and eight signatures have
representing 355 households. This constitutes over
the actual Park Stockdale single-family residential
approximately 50 percent of the total housing units in the area
proposed for annexation.
Upon a motion by Councilman Christensen, Resolution No.
125-82 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. 288 (Park Stockdale),
The City has received a number of petitions from property
in Park Stockdale requesting annexation to the City of
was adopted by the following roll call vote:
Ayes:
Noes:
Absent:
been received
60 percent of
area and
Councilmen Rockoff, Strong, Barton, Christensen, Payne
None
Councilmen Ratty, Means
Deferral of adopted 10% Rate Increase
for the Ashe Water System for the
remainder of 1982.
In July, 1982, the City Counci~ deferred the adopted
10% rate increase for the Ashe Water System for 90 days. The
Water Board reviewed revenues, maintenance and operating expenses
during this period and recommend continuing the Current rate for
the remainder of 1982. The rate should be re-evaluated at the end
of December, 1982.
Upon a motion by Councilman Barton, adopted 10% Rate
Increase for the Ashe Water System, was deferred for the remainder
of 1982.
Bakersfield, California, November 3, 1982 - Page
Adoption of Resolution No. 126-82 of
the Council of the City of Bakers-
field approving and concurring with
availability fees for City's Domestic
Water Systems as established by City
Water Board.
This resolution approves availability fees to provide
the necessary capital to construct water supply facilities (wells,
storage, reservoirs, and booster stations), for the City's water
system outside the original service areas and will be applied at
the time of development or subdivision approval. The proposed
fees are $2,000 per acre for the first 2,000 gallons per minute
(gpm) of required fire flow, plus $0.50 per gpm per acre for
required fire flows over 2,000 gpm. The Water Board recommends
these fees for adoption by the City.
Upon a motion by Councilman Barton, Resolution No. 126-8:2
of the Council of the City of Bakersfield approving and concurring
with availability fees for City's Domestic Water Systems as estab-
lished by City Water Board, was adopted by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmen Rockoff, Strong, Barton, Christensen, Payne
None
Councilmen Ratty, Means
Authorization granted to Purchasing
Division of the Finance Department
to enter into Discount Agreements
with Wallace Machinery, Bayless
Stationers, PTO Sales and Mayo
Hydraulics, Inc., for miscellaneous
services and supplies.
The Finance Department requests Council authorization to
negotiate Discount Agreements with four suppliers. Discount Agree-
ments are informal miscellaneous supply contracts that the
Purchasing Division has prenegotiated prices or discounts on and
are for services and supplies of a nature that do not lend them-
selves to other purchasing programs. Examples are heavy equipment
parts and supplies (Wallace Machinery), miscellaneous office
supplies (Bayless Stationers), hydraulic equipment parts and
fittings (PTO Sales and Mayo Hydraulics, Inc.).
Bakersfield, Cali£ornia, November 3, 1982 - Page
Upon a motion by Councilman Rockoff, the Purchasing
Division of the Finance Department was granted authorization to
enter into Discount Agreements with Wallace Machinery, Bayless
Stationers, P?O Sales and Mayo Hydraulics, Inc., for miscellaneous
services and supplies.
Adoption of report of the Council
explaining determination that the
City Council will declare itself
to be the Redevelopment Agency.
Pursuant to Section 33200 of the Health and Safety Code,
this report must be prepared by the City Council prior to the
public hearing on the dissolution o£ the present Redevelopment
Agency and the assumption thereof by the Council. This report
explains the determination that the City Council will act as the
Redevelopment Agency.
Upon a motion by Councilman Christensen, report of the
Council explaining determination that
itsel£ to be the Redevelopment Agency,
roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Payne
Noes: None
Absent: Councilmen Ratty, Means
City Attorney Oberholzer stated the next step in the
dissolution of the Redevelopment Agency will be the preparation of
an ordinance amending the present ordinance, which established the
Redevelopment Agency as a separate body. A noticed public hearing
will be held on that ordinance and it is tentatively scheduled for
early in December.
ADJOURNMENT
There being no further business to come before the
~,edU~ns~l~o~i~ by C~lman Christensen, the meeting was
ZOR of r City of Bakersfield, Calif.
ATTEST:
CITY CLERK arid Ex O£ficio Clerk of the Council
of the City of Bakersfield, California
the City Council will declare
was adopted by the following
ma
Bakersfield, California, November 10, 1982
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 P.M., November 10, 1982.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Strong, Barton, Christensen,
Means, Payne, Ratty, Rockoff
Absent: None
Minutes of the regular meeting of October 27, 1982, were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Chuck Blaine, Navy Oil Company, speaking in opposition
to the proposed Emergency Ordinance requiring the removal of latch--
open devices on the nozzles of the fuel dispensers currently in use
at their self-service stations, stated the devices have been awarded
the Underwriters Laboratory seal of approval and they know of no
instance where a business has been cited by OSHA for using them.
There is no sanction by the National Fire Prevention Association
against the devices. Mr. Blaine expressed some concern about the
liability if the manufacturer's original design is altered.
City Attorney Oberholzer stated the reason for enforcing
this particular provision is for safety purposes.
Councilman Strong thanked Fire and Development Services
Director Needham for the demonstration of the device in question and
stated he is satisfied that the ordinance is necessary to bring the
nozzles in conformity with all other ones presently in use in the
City of Bakersfield.
Upon a motion by Councilman Strong, Emergency Ordinance
amending Section 15.64.180 of the Municipal Code relative to nozzles
for dispensing Class 1 liquids at self-service stations was advanced
on the agenda for action at this time.
Bakersfield, California, November 10, 1982 - Page 2
DEFERRED BUSINESS
Adoption of Emergency Ordinance No.
2786 New Series of the Council of
the City of Bakersfield amending
Section 15.64.180 of the Bakersfield
Municipal Code relative to Nozzles
for Dispensing Class 1 Liquids at
Self-Service Stations.
Action on this item was held over from the Council Meeting
of November 3, 1982.
Upon a motion by Councilman Christensen, Emergency
Ordinance No. 2786 New Series of the Council of the City of Bakers--
field amending Section 15.64.180 of the Bakersfield Municipal Code
relative to Nozzles for Dispensing Class 1 Liquids at Self-Service
Stations was adopted by the following roll call vote:
Councilman Strong, Barton, Christensen, Means, Payne,
Ratty, Rockoff
Ayes:
Noes: None
Absent: None
CORRESPONDENCE
Upon a motion by Councilman Barton, communication from
Owen F. Goodman, Attorney at Law, 1415 - 18th Street, Suite 307,
Bakersfield, dated October 20, 1982, regarding proposed Assessment
District No. 1 of Olcese Water District, was received and referred
to the Water and City Growth Committee for study and recommendation.
Upon a motion by Councilman Barton, communication and
petitions from Mrs. Donna Parson, 208 Lois Lane, Bakersfield, dated
November 1, 1982, regarding traffic problems on Lois Lane and Pamela
Street, were received and referred to the Traffic Authority for study
and recommendation.
Upon a motion by Councilman Christensen, communication
from Bob D. Puckett, Attorney at Law, P.
dated November 5, 1982, regarding cable
received and referred to staff.
O. Box 10076, Bakersfield,
television service, was
Upon a motion by Councilman Payne, communication from
Southern California Edison Company, dated November 1, 1982, regarding
Parcel Map No. 6084, was received and referred to the Planning
Department.
Bakersfield, California, November 10, 1982 ~ Page 3
COUNCIL STATEMENTS
Councilman Rockoff stated he was extremely impressed with
the young people who participated in today's Annual Student Govern-
ment Day activities.
Councilman Rockoff stated at a Golden Empire Transit
District Board Meeting last night one of the Council's appointees
did not even second a motion to allow a conference to take place
between the Council and G.E.T. Board regarding the location of a
transit terminal or mall. That type of dereliction of duty in a
representation of the Council and City deserves a severe reprimand.
Upon a motion by Councilman Rockoff, Lynn E. Hall's
appointment as a member
District was terminated,
call vote:
of the Board of the Golden Empire Transit
effective immediately, by the following roll
Ayes: Councilmen Strong, Barton, Christensen, Means, Payne,
Ratty~ Rockoff
Noes: None
Absent: None
Upon a motion by Councilman Rockoff, Mr. Donald Franklin.
3001 Edmonton Street, was appointed to the Board of the Golden
Empire Transit District, term expiring January 6, 1983.
Upon a motion by Councilman Strong, the Mayor was requested
to send a letter of appreciation to Mr. Lynn E. Hall for his years
of service to the City of Bakersfield.
Councilman Means thanked the Council and staff for their
support and patience during his campaign for State Assemblyman.
Upon a motion by Councilman Barton, the City Manager was
directed to try to set a Special ~eeting between the Council and G.E.T.
Board within the next week.
Councilman Payne stated he had planned to comment tonight
on a series of problems he has had with cable television companies
but will delay those comments until next week. Councilman Payne then
outlined the response he has received from the cable companies to the
complaints. There are two cable companies in the City and he is very
Bakersfield, California, November 10, 1982 - Page 4
pleased with the treatment received from Warner Cable T.V. and
displeased with the response from Cox Cable T.V. Company.
Mayor Shell reminded the Council and public that a 37
member delegation from the City's Sister City, Wakayama, Japan,
will be arriving tomorrow morning at 10:30 A.M. and encouraged
attendance at the various functions.
REPORTS
Assistant Public Works Director Schulz presented a
report from Traffic Engineer Jerry Hahs, dated November 4, 1982,
regarding Update of Intersection Study at Oswell and Bernard
Streets, as follows:
We have completed gathering field and accident
data and subsequent analysis at the intersection
of Bernard and Oswell Streets. Traffic volumes
on both streets during peak periods have not
changed appreciably since 1979, however, there
have been substantial increases in non-peak
traffic on Oswell Street. Part of the increase
may be due to increased activities at the remodeled
shopping center at Columbus and Oswell Streets.
Primary intersection accidents reported at the
intersection are as follows: 3 in 1978, 1 in 1979,
0 in 1980, 0 in 1981 and 3 so far this year.
The interruption of Continuous Traffic minimum
traffic signal warrant has been met and the volume
warrant is at 74% of the minimum requirement.
Most traffic on Bernard Street turns right at
Oswell Street. This results in fewer operational
problems than would exist if more vehicles turned
left or crossed at Oswell Street. At this time,
delay, congestion and other factors do not justify
additional right-of-way control. However, increased
traffic and pattern changes anticipated with proposed
commercial development in the area will cause changes
requiring the installation of a traffic signal.
It is recommended that we proceed with design and
environmental clearance activities necessary for the
traffic signal project and secure funds for construc-
tion from developers and subdividers benefitting
from the project.
Councilman Rockoff stated he felt the City should follow
the warrant system, however, he wants to make certain the area will
continue to be monitored because as far as traffic is concerned it
is a rapidly changing area. He received a petition containing
approximately 70 signatures from the Readyland/Heritage Parent
Support Group, which stated that on the days the City took the traffic
count their school was closed, therefore, a full representative traffic
count may not have been obtained.
Bakersfield, California, November 10, 1982 - Page 5
Councilman Rockoff requested that an immediate traffic
study be conducted to see if the first study was accurate. He took
exception to the portion of the report that stated the City should
wait for the developers and subdividers to pay for the traffic
signals. Once the warrants are met one of the City's responsi-
bilities is to provide safety for people living in the area and
using those streets. He felt immediately upon satisfying the warrants
that the City should go ahead with installation of the traffic signals.
Upon a motion by Councilman Barton, December 8, 1982, was
the date set for hearing on the ordinance establishing the City
Council as the Redevelopment Agency.
City Manager Kelmar stated the proposed Alarm Ordinance
is ready to be brought back to the Council for consideration and it
is requested that December 8, 1982, be set as the date for hearing.
Upon a motion by Councilman Ratty, December 8, 1982, was
the date set for hearing on the proposed Alarm Ordinance.
Upon a motion by Councilman Rockoff, communication and
from Carolyn It. O'Nesky, President of Readyland/Heritage
1982, regarding the traffic
and Oswell Streets, was
petition
Parent Support Group, dated November 3,
problems at the intersection of Bernard
received and referred to staff.
CONSENT CALENDAR
The following items were listed on
(b)
<c)
the Consent Calendar:
Sewer and Storm Drain Easement from Mennonite
Brethren Church of Bakersfield for sewer and
storm drain systems from Bernard Street south
to the City's Bernard Street Detention Basin.
Grant Deed from Jimmy Gibbons, Bill Carter,
Hugh M. Reed, and Errol G. Shaw, Trustees for
the John Friis Jacobsen Living Trust, providing
sites for well and drainage basin as required
by the Planning Commission for Tract 4188
located south of Stockdale Highway and west of
Allen Road.
Storm Drain and Sewer Line Easement from Vernon
No. 1, a California Limited Partnership, to the
City of Bakersfield; and a Quitclaim Deed from
the City of Bakersfield to Vernon No. 1. The
existing storm drain and sewer easement was
realigned, at the developer's request, to
facilitate proposed construction. The easement
traverses south and west from the Bernard Deten-
tion Basin to Mr. Vernon Avenue.
74
Bakersfield, California, November 10, 1982 - Page 6
(d),
roll
Ayes
Noes
Absent:
(d)
(e)
Plans and Specifications for Sandra Pump
Station Modifications, Phase II, for
replacement of an existing 30 horsepower
pump with a 100 horsepower pump.
Resolution of Intention No. 960 of the Council
of the City of Bakersfield declaring its
intention to order the vacation of a portion
of Fraser Road lying in Sections 8 and 17,
Township 30 South, Range 27 East, in the City
of Bakersfield. (Between Gosford Road and
Old River Road) This Resolution of Intention
sets December 8, 1982 for hearing on the matter
before the Council.
Upon a motion by Councilman Means, Items (a), (b), (c),
and (e) of
call vote:
Councilmen Strong,
Ratty,
None
None
the Consent Calendar were adopted by the following
Barton, Christensen, Means, Payne,
Rockoff
ACTION ON BIDS
Rejection of bids for rehabilitation
of the Senior Citizen Center at 530 -
4th Street.
Four bids were received, ranging from a low of $290,000
to a high of $317,773. The low bid was received from Lewis C.
Nelson & Sons, Inc. The Architects and staff have reviewed the
low bid and consider it acceptable.
in the Coramunity Development Program.
tect's estimate.
Assistant City Manager Higginbotham
Sufficient funds are budgeted
The bid is within the Archi-
stated when the City
received the four proposals the Architect and City staff requested
additional cost breakdown information from the low bidder. The bid
documents were reviewed with the contractor, the Architect deter-
mined the bid was acceptable and it was placed on the agenda.
Staff has received correspondence from the contractor that the City
has exceeded the 30 days, which is the time period the City requests
that they maintain their prices. This is correct, however it is
only four days in excess of the 30 and in the past vendors and
contractors have always maintained their prices for such a short
period of time beyond the 30 days. The contractor has refused to
Bakersfield, California, November 10, 1982 - Page 7
75
maintain his price past that 30 day period, therefore, staff recom-
mends that all bids be rejected and the Finance Department be author-
ized to rebid the project.
Upon a motion by Councilman Strong, all bids for rehabi-
litation of the Senior Citizens Center at 530 - 4th Street were
rejected and the Finance Department was authorized to rebid the
project.
HEARINGS
This is the time set for public hearing before the Council
on an Appeal by Gary L. Mason to the decision of the Board of Zoning
Adjustment denying his application for a Modification of an R-1
(Single Family Dwelling) Zone, to permit the elimination of the
required two off-street parking spaces on property known as 5700
Alberta Street.
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. Gary L. Mason stated the garage was built into a family
room by a previous owner and a permit was never received. When he
purchased the home he was informed by the Building Director that a
modification would have to be obtained requiring that off-street
parking be provided. Mr. Mason presented a petition from his neigh--
bors containing approximately 50 signatures stating that the lack of
off-street parking has not created a hazard or inconvenience to them,
and also presented three pictures showing his property.
Mr. Henry Siolle, previous owner of the property, stated
he converted the garage into a game room. A Building Inspector, who
did not attempt to stop him, watched several times while it was being
built and about a month after it was finished a note was left on the
door to call. Without warning a citation was issued and he did not
pursue the matter. Mr. Siolle did not feel it is right that a person
cannot do what he wants with his own property and does not understand
it.
Bakersfield, California, November 10, 1982 - Page 8
Mr. Robert L. Davis, friend of Mr. Mason, stated the home
in question is one anyone would be proud to own and he paid a sizable
sum for it. The game room enhances the beauty of the home and he
requested that he be allowed to keep it.
No protests or objections being received and no one else
wishing to speak in favor, Mayor Shell closed the public portion of
the hearing for Council deliberation and action.
In answer to a question by Councilman Rockoff, Mr. Mason
stated he knew of the problem at the time he purchased the house.
City Attorney Oberholzer stated the issue before the Council
is not about allowing the game room. The issue is the requirement
for off-street parking.
After considerable discussion, upon a motion of Councilman
Ratty, Zoning Resolution No. 294 of the Council of the City of Bakers-
field denying appeal from decision of the Board of Zoning Adjustment
denying modification to permit the elimination of the required two
off-street parking spaces on that certain property known as 5700
Alberta Street was adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Payne, Ratty,
Rockoff
Noes: None
Absent: None
This is
the time set for public hearing before the Council
on the 1982 Weed Abatement Program.
The property owners were notified by certified mail.
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. 127-82
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 vote:
Bakersfield, California, November 10, 1982 - Page 9
Ayes:
Ceuncilmen Strong, Barton, Christensen, Means, Payne, Ratty,
Rockoff
Noes: None
Absent: None
ADJOURNMENT
There being no further business to come before the Council,
upon a motion by Councilman Christensen, the meeting was adjourned
at 8:40 P.M.
ATTEST:
ty of Bakersfield, Calif.
CITY CLERI~ and/Ex Officio ~lerk of the Council
of the City of Bakersfield, California
ma/mp
Bakersfield, California, November 16, 1982
Minutes of a joint public hearing of the Council of the
City of Bakersfield and the Bakersfield Redevelopment Agency, held
in the Council Chambers of City Hall at 7:00 P.M. November 16,
1982.
The meeting was called to order by Mayor Shell and Agency
Chairman Lewis, followed by the Pledge of Allegiance and Invocation
by Mayor Shell.
The City Clerk called the roll of the Council as follows:
Present: Mayor Shell. Councilmen Barton, Christensen, Means,
Payne
Absent: Councilmen Ratty, Rockoff, Strong
The City Clerk called the roll of the Agency as follows:
Present: Agency Members Clausen, Lewis, Moore, Richardson
Absent: Agency Members Bilas, Mooneyham
Councilman P~ckoffwas unable to attend the meeting tonight
because he is attending a League of California Cities Seminar.
Mayor Shell stated the purpose of this public hearing is
to consider the City Council's approving and authorizing the
execution of a First Implementation Agreement to the Disposition
and Development Agreement between the Bakersfield Redevelopment
Agency and the Bakersfield Metropolitan Association, Incorporated;
and to consider a resolution of the Bakersfield Redevelopment Agency
approving and authorizing the execution of a First Implementation
Agreement to the Disposition and Development Agreement between the
Bakersfield Redevelopment Agency and the Bakersfield Metropolitan
Association, Incorporated.
Deputy City Clerk Williams stated no correspondence had
been received regarding the Hotel Project.
STAFF REPORTS
City Manager Kelmar stated at the time of the last
hearing in April, the Council and Redevelopment Agency approved
the Development Agreement for the proposed hotel. The agreement
was subject to the developer performing a Hotel Feasibility Study.
Bakersfield, California, November 16, 1982 - Page 2
79
The Feasibility Study was conducted and the results indicated a
hotel with a 320 room capacity was not warranted. The consultants
recommended, and £elt the market could support, a hotel of approxi--
mately 200 rooms. The developer indicated he would like to con-
struct a hotel with 220 rooms with 20 suites, which will be
different from anything now in the City. The proposed Implementation
Agreement consists of a project initially consisting of 220 rooms
in the first phase; and, based on certain occurrences, as far as
occupancy is concerned, an additional 200 rooms would eventually
be constructed. An important part o£ the proposal is that all
public facilities will be initially developed as if it was a hote~
with 420 rooms and it will be a Sheraton Hotel. The City has met
with the developer and made modifications to the Development
Agreement, which are basically related to the reduction in size.
Mr. Dave Beatty, representing McDonough, Holland and
Allen, Consulting Attorneys for the Redevelopment Agency, thanked
the Council and Redevelopment Agency for the opportunity to work
with them on the hotel project. Mr. Beatty introduced Mr. John
Carrier, of his firm, who has been working on the documentation
and First Implementation Agreement and will explain the substantive
points and changes in the First Implementation Agreement and the
Agreement signed last May.
Mr. John Carrier stated changes have been primarily to
effectuate the change in the size of the hotel development. The
first phase was originally 320 rooms with a subsequent phase of
120 rooms, bringing the total size of the hotel to 440 rooms. The
Market Feasibility Report indicated the market would be able to
support a hotel of 200 rooms, which will be in the first phase,
and a follow-up phase of an additional 200 rooms, so the final
hotel will not be much smaller than the first proposal. Under the
original Development Agreement, the Agency was to convey three
parcels to the developer for the development. The intent under
Bakersfield, California, November 16, 1982 - Page 3
this Implementation Agreement is to convey only as many parcels
as necessary for the developer to construct the hotel and adequate
parking. The Agency will maintain control and title to the re-
maining land, which will be conveyed to the developer upon
construction of phase two. Therefore, the remaining land will be
in the Agency's control to be maintained as a landscape buffer or
parking area. The obligation of the developer to develop phase
two has been shortened in order for the Agency to maintain more
control on the development. The occupancy and market feasibility
conditions must be met within seven years or the Agency will receive
unencumbered title to the remaining land and can use it as it sees
fit. In addition, scheduling has been changed and will now begin
as soon as the First Implementation Agreement has been approved.
Other changes are in financial reports, rents specifically dealing
with a smaller hotel, requirement of a Good Faith Deposit of
$100,000 and Letter of Credit to be delivered to the Redevelopment
Agency tonight.
Mr. Calvin Hollis, Katz, Hollis, Coren & Associates,
Inc., stated the Revised Analysis of Cost of Disposition and
Development Agreement of the Convention Center Hotel, dated October,
1982, is a revision of an earlier report submitted to the Council
in April, 1982, at the time the original Disposition and Develop-
ment Agreement was approved. Mr. Hollis stated there is a change
in the size of the hotel, which is now shown as 420 rooms to be
constructed in two phases. The earlier analysis showed 450 rooms
to be constructed in two phases, with the first phase containing
320 rooms. Another area of change was in the cost of the agreement
to the Agency. The law requires the analysis identify the cost to
the Agency of the agreement and compare that cost with the compen-
sation being received by the Agency for the agreement. The cost
of this agreement has not changed from the earlier analysis; that
is, the current estimate remains at $1,620,000, which is the cost
Bakersfield, California, November 16, 1982 - Page 4
of site assembly, relocation, etc. The amount the Agency will
receive as compensation has been estimated to be $1,720,000,
assuming only the first phase of the hotel is constructed. That
compares with the earlier amount of $2,400,000, which assumed the
first phase of the hotel would be larger. In Table II of the
analysis, the site assembly costs are compared with the present
value of the lease payments to be received by the Agency, assuming
that only the first phase is constructed. The lease payments
exceed the costs, therefore, there are no net costs to the Agency
in this agreement. All these compensation numbers assume that the
second phase is not constructed. If the second phase is constructed,
then the compensation to the Agency would be adjusted upwards,
accordingly.
Mr. Dick Botti, Keyser, Marston Associates, Inc., stated
the rent structure for the proposed hotel originally consisted of
a base rent payment, p~us a participation income when the sales of
the hotel exceed $15,000,000. In order to compensate for the
reduction in the size of the hotel, it was necessary to reanalyze
the basic terms of the agreement. In negotiations and renegotiations
with the developer, it was mutually agreed that the base rent to be
paid to the Agency would not be changed with the reduction of the
number of rooms. Therefore, the fixed rent payment to the Agency
remains constant. It was also concluded the $15,000,000 sales
figure, in which the Agency participated, was no longer valid
because with only 220 rooms the probability of obtaining the
$15,000,000 sales volume was much lower. After numerous discussions
with the developer, a figure of $10,700,000 was reached as being a
representative sales point at which the Agency would participate.
In determining the Agency's revenues, Keyser, Marston Associates
took the base rent, based upon the fixed rent payment, participatioa
income and 220 room hotel and estimated the Agency would receive
participation income in the ninth to eleventh year period. That
Bakersfield, California, November 16, 1982 - Page 5
participation income would increase over a period of time as the
rate of inflation, real income and real sales growth, within the
hotel, increased. Their projection is assuming the first phase is
completed and that there will not be a second phase. If a second
phase is added and additional sales generated on the site, the
Agency would participate in an amount of 5% of the room sales and
3% of the food and beverage sales.
PUBLIC TESTIMONY
Mayor Shell opened the public portion of the hearing and
called for written or oral comments by persons objecting to the
development of the proposed Convention Center Hotel. No oral or
written comments objecting to the proposed Convention Center Hotel
were received.
Mayor Shell called for written or oral comments by
persons in favor of the development of the proposed Convention
Center Hotel.
Mrs. Jackie Belluomini, Executive Director of the
Convention Bureau and on behalf of the Board of Directors, stated
they are very much in favor of the convention hotel and felt it
will enhance convention business in Bakersfield. Mrs. Belluomini
also offered the Bureau's support and assistance in getting the
hotel project off the ground.
Councilman Means stated he has had concerns about the
process of redevelopment in the downtown area, but felt the hotel
will be an asset to the area and would vote to support it.
In answer to a question by Councilman Christensen, Calvin
Hollis stated it is Katz, Hollis, Coren & Associates' opinion that
the Agency's expenditure, at this time, is necessary to make the
hotel project happen and without that expenditure, it would not
happen. The hotel will create a viable business venture, which is
good for the City and developer. He further stated he felt the
City was making a prudent investment by doing what the Redevelopment
Bakersfield, California, November 16, 1982 - Page 6
Agency is charged to do; create development, improve the vitality
of the City and get a prudent return.
Councilman Christensen stated he is convinced the hote~
will enhance the City, but is concerned about possible convention
activity because of the lack of airline service. He £elt the
airline service is going to be a detriment and hoped that down the
road the City will obtain better service.
Agency Member Lewis stated he also has concerns regarding
airline service, however, if the City has a good hotel, such as the
Sheraton being proposed tonight, maybe airlines will look again at
Bakersfield and give better service in the future.
Mayor Shell stated she helped Golden West Airlines cele-
brate their First Anniversary in the Bakersfield area today. They
have an excellent record and have added to their service more
flights to Southern California and San Francisco.
Adoption of Resolution No. 128-82 of
the Council of the City of Bakers-
field approving and authorizing the
execution of a First Implementation
Agreement to the Disposition and
Development Agreement between the
Bakersfield Redevelopment Agency and
Bakersfield Metropolitan Association,
Inc.
Upon a motion by Councilman Barton, Resolution No. 128-82
of the Council of the City of Bakersfield approving and authorizing
the execution of a First Implementation Agreement to the Disposition
and Development Agreement between the Bakersfield Redevelopment
Agency and Bakersfield Metropolitan Association, Inc., was adopted
Ayes:
Noes:
Absent:
by the following roll call
Councilmen Barton,
None
vote:
Christensen, Means, Payne
Councilmen Ratty, Rockoff, Strong
Adoption of Resolution No. RA9-82 of
the Bakersfield Redevelopment Agency
approving and authorizing the execution
of a First Implementation Agreement to
the Disposition and Development Agree-
ment between the Bakers£ield Redevelop~
ment Agency and Bakersfield Metropolitan
Association, Inc.
Bakersfield, California, November 16, 1982 - Page 7
Upon a motion by Agency Member Moore, seconded by Agency
Member Clausen, Resolution No. RA9-82 of the Bakersfield Redevelo~,-
ment Agency approving and authorizing the execution of a First
Implementation Agreement to the Disposition and Development Agree-
ment between the Bakersfield Redevelopment Agency and Bakersfield
Metropolitan Association, Inc., was adopted by the following roll
call vote:
Ayes: Agency Members Clausen, Lewis, Moore, Richardson
Noes: None
Absent: Agency Members Bilas, Mooneyham
Approval of Agreement between the
Bakersfield Redevelopment Agency and
Rod Gunn Associates providing site
acquisition and relocation services
for the development of the proposed
Convention Center Hotel.
Upon a motion by Agency Member Moore, seconded by Agency
Member Clausen, Agreement between the Bakersfield Redevelopment
Agency and Rod Gunn Associates providing site acquisition and
relocation services for the development of the proposed Convention
Center Hotel, was approved and the Chairman of the Redevelopment
Agency was authorized to execute by the following roll call vote:
Ayes: Agency Members Clausen, Lewis, Moore, Richardson
Noes: None
Absent: Agency Members Bilas, Mooneyham
Mr. Tom McBride, representing Hedrick and McBride,
Developers of the Convention Center Hotel, thanked the Council and
Redevelopment Agency for their confidence in Hedrick and McBride
and the Sheraton Hotels. Mr. McBride introduced Mr. Jack Cassidy,
who presented the City and Agency with the $100,000 deposit and
Letter of Credit.
Mr. Robert Corsaro, General Partner of Bakersfield
Metropolitan Association, Inc., and local businessmen, stated he
has been involved with the Chamber of Commerce's Aviation Committee
working to obtain better airline service to the Bakersfield area.
Bakersfield, California, November 16, 1982 - Page 8
The problem is the airlines are interested in longer routes. He
stated he has been told by several airlines that when the time
comes and they are ~ooking for shorter routes they will be looking
at Bakersfield.
Mr. John McWhorter, Certified Public Accountant, 817
Truxtun Avenue, stated he is interested in the future of the City
of Bakersfield and commends the City Council, Redevelopment Agency
and Developer for their actions tonight.
ADJOURNSlENT
Upon a motion by Councilman Christensen, joint public
hearing before the Council and Redevelopment Agency on the proposed
Convention Center Hotel, was adjourned at 7:50 P.M.
Upon a motion by Agency Member Moore, seconded by Agency
Member Clausen, Redevelopment Agency's portion of the joint public
hearing held before the Council and Redevelopment Agency on the
proposed Convention Center Hotel, was adjourned at 7:50 P.M.
M OR of the~ity of ~akersfield, Calif.
ATTEST:
CITY CLERKSand ~x Officio Clerk of the Council
of the City of Bakersfield, California
cw/ma
Bakersfield, California, November 17, 1982
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 P.M., November 17, 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 Christensen, Means, Payne, Ratty,
Absent: None.
Rockoff, Strong, Barton
Minutes of the regular meeting of November 3, 1982, were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Dr. Phillip E. Bozek, President of the California Soft-
ball League, thanked Mayor Shell for issuing a proclamation desig-
nating December 4th as Fred McDonnell Day in Bakersfield. Dr.
Bozek introduced Mrs. Elaine Garee, Chairman and Coordinator of
the Softball League, Mrs.
McDonnell, daughter of Mr.
that Fred McDonnell was a
Sharon McDonnell, widow, and Victoria
Fred McDonnell. Dr. Bozek explained
long-time employee of California State
College at Bakersfield and instrumental in establishing the first
youth soccer program in this area. He was an admired and respected
leader in the community. Fred McDonnell died on August 19, 1982,
while training for a strenuous hiking expedition. A scholarship
fund was established in his honor in recognition of his contribu-
tions to Cal State Bakersfield and Bakersfield. The scholarship
fund is to support four renewable academic scholarships for students
at Cal State Bakersfield to be awarded to collegiate soccer players
and students interested in studying jazz music. All proceeds from
the Fred McDonnell Memorial Invitation Softball Tournament will go
toward those scholarships. Dr. Bozek extended an invitation to
the Council to field a team for the tournament on December 4th.
Mr. Bob Kump, Energy Conservation Supervisor for Pacific
Gas and Electric Company, presented Mr. Frank Fabbri, City of
Bakersfield Parks Superintendent with a check in the amount of
Bakersfield, California, November 17, 1982 - Page 2
$4,405.00, representing reimbursement of one-half the cost of
converting from mercury vapor to high pressure sodium lamps in
the City's parks, and stated an additional check in the amount of
$4,127.00 will also be forthcoming. Mr. Kump explained that part
of the function of the Energy Conservation Department is to operate
an Incentive Program for conversion of lighting and ballasts to
more e£ficient light sources. The City of Bakersfield is upgrading
the lighting in City parks from mercury vapor to high pressure
sodium lamps and receives reimbursement for half the cost of the
fixtures. This energy conservation program is available to all
industrial and commercial customers.
Mr.
Bakersfield,
Television.
Jim Fox, Fox Realty and
explained problems he has
Insurance, 123 Truxtun Avenue,
been having with Cox Cable
Upon a motion by Councilman Rockoff, correspondence from
Mr. Jim Fox regarding Cox Cable Television Company, was received
and referred to the Budget Review and Finance Committee.
Reverend Ralph Anthony, President of the Lakeview Community
Development Corporation, requested that the Council direct City
Staff to meet and work with the Lakeview Community Development
Corporation on the Three-Point Crime Proposal and Revitalization
Proposal for the Lakeview Area.
Mrs. Dorothy Hill, Secretary Communicator of the Sunset
Neighborhood Improvement District, requested the Council and Staff
to support and assist the organizations operating in the Lakeview
Area to accomplish the revitalization of that area.
Mr. Marvin Dean, Consultant for the Lakeview Community
Development Corporation, stated that sometime ago a request was
submitted to the Council to designate Census Tract 22, Lakeview
Area, as a Redevelopment Project Area. During the past year the
Lakeview Community Development Corporation has been working in
the community to establish programs to revitalize Census Tract 22,
Mr. Dean referred to a memorandum to be presented tonight by City
Bakersfield, California, November 17, 1982 - Page 3
Manager Kelmar regarding Lakeview Neighborhood Revitalization
Strategy. He felt the action referred to in that report was a
good start towards revitalizing Census Tract 22, but felt it was
not enough to solve the problems that exist. He requested Council
take into consideration what the Lakeview Community Development
Corporation has been trying to accomplish and sit down with them
and discuss the projects they have proposed.
Mr. Tyrone Terry expressed his satisfaction with the
success o£ Dump Day and the rewards o£ community participation.
All the organizations working in Census Tract 22 need assistance
from the City to obtain constructive results. He asked the Council
and Staff to support the Lakeview Community Development Corpora-
tion's programs.
Mrs. Ruth Barnett, representing the Faith and Hope Founda-
tion, stated she has tried to establish something credible and
worthwhile in her organization. The Faith and Hope Foundation
Board of Directors represent a wide spectrum o£ the community and
consists of Rabbi Goodbait; Mr. George Dickey; Ms. Jackie Haber-
felde; Dr. George Lartigue and Mrs. Betty Haven. Several Support-
ers of the Faith and Hope Foundation that have given permission
to use their names are: Mr. Jack Williams of Bakersfield Redi-Mix;
Mr. Ray Dezember of American National Bank, and Mr. Floyd Bertram,
who has been supportive including giving supplies used to upgrade
the buildings now being used by the Foundation at 407 and 413 Lake-
view Avenue.
Upon a motion by Councilman Strong, Report and Slide
Presentation by Community Development Staff regarding Lakeview
Community Dump Day Program and Report from the City Manager regard-
ing Lakeview Neighborhood Revitalization Strategy were advanced
on the Agenda for action at this time.
Ms. Jan Duncan, Planning Technician for the Community
Development Department presented slides of Dump Day Week. Ms.
Bakersfield, California, November 17, 1982 - Page 4
89
Duncan stated the idea of Dump Day began at a July meeting o£ the
Sunset Neighborhood Improvement District held monthly in Census
Tract 22 at the home of Mrs. Dorothy Hill. The idea grew from a
one day clean sweep of the neighborhood to the final Dump Day Week,
now being planned as a semi-annual event. As plans began to form,
volunteers and staff who organized the event, mobilized the resi-
dents in the clean-up effort. Census Tract 22 was divided into
five sections. An area coordinator was assigned to each section
and they in turn assigned block captains. These volunteers were
responsible for distributing flyers and explaining the project to
the community. One of the jobs was to identify senior citizens and
handicapped individuals who wanted to participate in the clean-up,
but needed assistance. Two hundred and eight-four vacant lot owners
were identified and sent letters asking for their participation
in the clean-up effort. The success of Dump Day Week is due, not
only to the volunteers, but also to the cooperation, coordination,
and support of the Community Development, Recreation - California
Avenue Park Facility; and Public Works Departments. By the comple-
tion of the project, 183 dump truck loads of trash had been trans-
ported. This amounted to 3,220 cubic yards of debris, which is
the equivalent of filling approximately 1,100 of the large green
city dump bins. Because of the support of the City Council for the
Community Development Block Grant and assistance of Mayor Shell,
Mrs. Dorothy Hill of the Sunset Neighborhood Improvement District,
the area coordinators, block captains, and other volunteers, project
Dump Day can now offer the rewards and satisfaction of a successful
project.
City Manager Kelmar reported on the Lakeview Neighborhood
Revitalization Strategy. Some months ago residents of Census Tract
22, Lakeview Area, requested the City consider Census Tract 22 as
a Study Area for Redevelopment. The Redevelopment Agency
authorized a study by the Consultant Firm of Katz, Hollis,
Associates, to determine the feasibility. The report was
and referred to
subsequently
Coren and
completed
staff for study. After reviewing the report,
9O
Bakersfield, California, November 17, 1982 - Page 5
meetings with Katz Hollis personnel, and a survey of residents in
the area, staff is of the opinion that Redevelopment is not the
answer at this time. However, it is the City's feeling that a basic
revitalization strategy should be implemented to improve the basic
economic and living conditions in the area. If the City Council
is in agreement, staff requests authority to seek community input
for this proposed program from residents in the area. Staff would
then report back to the Council on the results of those meetings
and seek formal action at that time.
Councilman Strong complimented staff on the mini-proposal
and in the approach that would not leave anyone out, but would
involve the whole community in working out the problems to make it
a better place to live.
Upon a motion by Councilman Strong, staff was directed to
set up the necessary and appropriate meetings to ascertain what
professional approach would be most beneficial.
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from Joyce K. Meaglia, 508 Redondo Court, Bakersfield, dated
November 14, 1982, regarding opposition to the Golden Empire
Transit's proposed terminal site location at Woody's Toy Circus,
Incorporated, was received and ordered placed on file.
Upon a motion by Councilman Rockoff, communication from
the Panama Union School District, P.O. Box 11173, Bakersfield,
dated November 15, 1982, was received, and December 8, 1982 was
set for a public hearing concerning the passage of a resolution
establishing fees for relieving over-crowding conditions in the
school district.
Upon a motion by Councilman Ratty, communication from
Mr. Don Johnson, Executive Director of the Bakersfield S.P.C.A.
Rt. 5, Box 547, Bakersfield, dated November 15, 1982, regarding
a request for a contract adjustment, was received and referred
to the Budget Review and Finance Committee.
Bakers£ield, California, November 17, 1982 - Page 6
9¸1
Councilman Ratty stated he would like to assure Mr.
Johnson and the people in the S.P.C.A. that the Budget Review and
Finance Committee will be looking at their problem with a temporary
and possibly long-term solution.
COUNCIL STATEMENTS
Councilman Barton stated he has been contacted by Mr.
Preston Brittain asking for help and possibly an investigation into
a bill, in the amount of $430.00, he received from Golden Empire
Rescue for transporting his two children to Memorial Hospital.
Councilman Barton stated the ordinance specifies specific fees that
can be charged for services performed by ambulance companies.
Upon a motion by Councilman Barton, staff was directed to
investigate and possibly audit the bill received by Mr. Preston
Brittain, review the ordinance regarding the fee structure and
report back to the Council.
City Manager Kelmar stated that the President of the
Board of Directors of the Kern County Water Agency appointed a
committee to study and make recommendations on the various Zones
of Benefit. The committee submitted a report to the Kern County
Water Agency on November 5th. A Resolution o£ the Kern County
Water Agency was presented to the Board of Supervisors on November 9,
at which time the Board set November 30, 1982, at 3:00 P.M. £or a
public hearing. City Manager Kelmar requested authorization to go
to that hearing and make a presentation.
Councilman Barton made a motion to authorize the City
Manager to attend the Board of Supervisors' hearing on November 30,
1982, and express the City's dissatisfaction with the Zones of
Benefit Tax.
Councilman Means offered an amended motion to authorize
City Manager Kelmar, City Attorney Oberholzer and Councilmen Barton
and Means to attend the Board of Supervisors' hearing on November
30th, to express the City's dissatisfaction with the Zones of Benefit
Tax. This motion was unanimously approved.
Bakersfield, California, November 17, 1982 - Page 7
Upon a motion by Councilman Ratty, Councilman Barton
was selected to be recommended to serve on a task force relative
to Air Pollution in the San Joaquin Valley (Assembly Concurrent
Resolution No. 104).
Councilman Ratty reported on a meeting he attended the
previous evening with the Golden Empire Transit Board. He stated
that time is of the essence, and requested Council consider a
unanimous action to encourage the G.E.T. Board to compromise on
a location for the transit terminal in the downtown area.
Upon a motion by Councilman Christensen, City Manager
Kelmar was directed to contact the G.E.T. Board and set up a
special meeting of the Council and Board as soon as possible.
In answer to a question by Councilman Ratty, City
Attorney Oberholzer advised the Council on procedures G.E.T. must
follow to acquire the property at 21st Street and Chester Avenue,
if they are acquiring that property from someone other than a
willing seller. The process would be Eminent Domain and would
require four votes of the Council.
In answer to a question by Mayor Shell regarding status
of a request regarding a historical square, City Manager Kelmar
stated the request by Gannon Enterprises was referred to staff,
who is waiting for the appointment of the Historical Preservation
Committee.
Councilman Strong,
Intergovernmental Rielations and Services
REPORTS
Chairman of the Joint
Committee,
No. 6-82 regarding Addendum to the Joint
Relocation Plan, as follows:
City/County
read Report
City/County Fire Station
Early in March 1982, the City Council and Board
of Supervisors adopted the Joint City/County Fire
Services Plan. An important provision in the
Plan required "additional study and review by
both entities and approval of both the City Council
and Board of Supervisors" prior to the actual
implementation of phases number two and three.
Bakersfield, California, November 17, 1982 - Page 8
93
After adoption of the Plan, both City and County
staff have met on numerous occasions in concert
with City and County Fire Union representatives,
to £urther study and analyze phases two and
three. Fire company responses from the recommend-
ed locations were studied further and several
areas were identified where fire stations could
be located in a more equal arrangement resulting
in improved emergency response times, mainly in
areas presently protected by City Station #2
(716 E. 21st Street) and #3 (4th and "L" Streets).
Adequate fire protection in the northeast sector
of the City will also eventually necessitate
the relocation of City Stations #4 (Sacramento
and Bernard Streets) and #8 (University Avenue
and Mt. Vernon Avenue), both to northeasterly
locations.
In order that a proper level of fire protection
be maintained in the Metropolitan area through
each phase of the Plan as the adjustments in fire
station locations are carried out, several
revisions in the adopted Plan are necessary,
including one addition to phase one.
After reviewing the needed adjustments to the
Plan, the members of the City and County Inter-
governmental Relations/Services Committee recom-
mended the following addendum to the Plan:
Add to Phase I (FY 83-84) - Relocation
of City Fire Station #3 at 4th & "L"
Streets to the vicinity of Saunders
Park on Palm Street west of Oak.
2. Phase II (FY 84-85) - Fire Station #2 at
716 East 21st Street to remain open.
Incorporate the County Ladder Company
into the Plan to replace City Ladder
Company No. 2 and establish a Captain's
position for the County Ladder Company.
Replace County fire personnel at County
Station No. 66 at Stockdale Highway and
E1 Rio Drive with personnel from City
Ladder Company No. 2 and one fire-
fighter's position from City Station
No. 1 at 2101 "H" Street.
Phase III (FY 85-86) - Relocate City
Fire Station #4 at Sacramento and Bernard
Streets to the vicinity of River Boule-
vard and University Avenue.
Relocate City Fire Station #8 at
University and Mt. Vernon Avenues to
a location approximately 1.5 to 2 miles
to the east.
These two relocations eliminate the need
for additional personnel and a fire station
in the eastern portion of the College
Heights area which was not addressed in
the original study.
94
Bakersfield, California, November 17, 1982 - Page 9
The future City fire station in the Rio
Bravo area will consist of a three-man
engine company. These will be new
positions and will be City personnel.
The cost of personnel, construction and
equipment will be paid through revenues
from the area which are projected to be
sufficient at this phase of the Plan.
Relocate County Fire Station #52 located
in the vicinity of South Union Avenue
and Panama Road to the vicinity of Wible
Road and Taft Highway.
This addendum does not alter the financial agree-
ment regarding Station #66, Station #44, and the
proposed Station at Rosedale Highway and Case
Street.
Vacated station sites will be sold and revenues
will be returned to the City and County.
The net total savings of this plan is $3,635,515.00
for five years and $9,529,030.00 for 10 years.
This is a reduction in savings of $895,930.00 for
five years and $1,682,995.00 for l0 years compared
to the Plan as originally adopted.
This addendum results in fire station locations
that are in a more equidistant pattern, giving
the residents in the City and the Metropolitan
area of the County fire protection on a more
equal basis.
The Committee recommends acceptance of this report
and adoption of the addendum to the Joint City/
County Fire Protection Plan as stated herein.
Upon a motion by Councilman Strong, Joint City/County
Intergovernmental Relations and Services Committee Report No. 6-82,
regarding Addendum to the Joint City/County Fire Station Relocation
Plan 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. 2519 to 2827, inclusive,
in the amount of $1,046,225.81.
(b) Claim for Damages from Gregette Renae Shelton,
1208 McDonald Way, Apt. B, Bakersfield. (Refer
to City Attorney)
(c) Claim for Damages from Teresa E. Kidwell, 302
Highland Drive, Oildale. (Refer to City
Attorney)
Bakersfield, California, November 17, 1982 - Page 10
95
(d)
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(1)
(m)
(n)
(o)
Claim for Personal Injuries from Duane
Kirschenman, 3535 New Stine Road, #80,
Bakersfield. (Refer to City Attorney)
Claim for Personal Injuries from Sandra
Kirschenman, 3535 New Stine Road, #80,
Bakersfield. (Refer to City Attorney)
Claim for Personal Injuries from Mark
Jason Kirschenman, 3535 New Stine Road,
#80, Bakersfield. (Refer to City
Attorney)
Claim for Personal Injuries from Aaron
Skylar Kirschenman, 3535 New Stine Road,
#80, Bakersfield. (Refer to City
Attorney)
Claim for Personal Injuries from Joel
Kirschenman, 2811 Peerless Avenue, #3,
Oildale. (Refer to City Attorney)
Claim for Personal Injuries from John
Joseph Reynolds, III, 1012 Water Street,
Bakersfield. (Refer to City Attorney)
Claim for Personal Injuries from Debbie
Kirschenman, 2811 Peerless Avenue, #3,
Oildale. (Refer to City Attorney)
Claim for Personal Injuries from La Parker
King, 225 Bliss Street, Bakersfield.
(Refer to City Attorney)
Claim for Indemnity from North Bakers-
field Recreation and Park District.
(Refer to City Attorney)
Storm Drain Easement, Public Utility
Easements and a Grant Deed from Tenneco
Realty Development providing easement
for storm drain, public utilities and
a drainage basin for Parcel Map No. 6170,
located on the south side of White Lane
between Ashe Road and the Arvin-Edison
Canal.
Road Easemeng from Tenneco Realty Develop-
ment Corporation, as required by the Plan-
ning Commission for Tract No. 4489, and as
required by the Circulation Element of the
General Plan, for White Lane between Gos-
ford Road and Old River Road.
Improvemeng Agreement for Parcel Map No.
6170 with Tenneco Realty Development Corp-
oration for construction of improvements
required therein by the Planning Commission,
located on the south side of White Lane
between Ashe Road and the Arvin-Edison
Canal.
Bakersfield, California, November 17, 1982 - Page ll
(p)
(q)
(r)
(s)
(t)
(u)
Improvement Agreement for Parcel Map No.
6721 with Tenneco Realty Development
Corporation for the construction of
improvements therein required by the
Planning Commission, located south of
Stockdale Highway, west of Gosford Road.
Notices of Completion and Acceptance of
Work on:
Traffic Signal Systems at 17th and "F",
Baker and East Truxtun, Beale and East
19th, Contract No. 82-61, with E & S
Electrical Contractors.
Chester Avenue Underpass/Southern Pacific
Railroad, Contract No. 81-23, with James
G. Francis.
Tract No. 4161, Contract No. 80-58, with
Kuve Associates, located at the northeast
corner of "O" Street and 36th Street.
Parcel Map No. 5787, Contract No. 80-157,
with James and Mary Anhalt and Frank and
Teresa Cicone, located on Buena Vista
Street west of Holtby Road.
Improvement Agreement No. 81-106, with
Frank A. Collins and Francis Marion Collins,
located on the south side of Freeway 178
at Mesa Marin Raceway.
Application for Encroachment Permit from
Barratt - Los Angeles, 26323 Calabasas
Road, Calabasas, California, for construc-
tion of a 42 inch high wrought iron fence
behind the sidewalk around model homes
in Tract 4242, Lots 2, 3 & 4 on Jimson
Street.
Application for Encroachment Permit from
Carlos Shower Doors, Inc., 300 Kentucky
Street, Bakersfield, for construction of
overhead private telephone cable across
alley at 300 Kentucky Street.
Application for Encroachment Permit from
Regional Mortgage Company, 4000 Ming Avenue,
Bakersfield, for construction of a six
foot high fence behind sidewalk on Teal
Street at 3820 McCourey Street, per Board
of Zoning Adjustment Modification No. 3854.
Application for Encroachment Permit from
Regional Mortgage Company, 4000 Ming Avenue,
Bakersfield, for construction of a six foot
high fence behind sidewalk on Teal Street
at 3821 McCourey Street, per Board of Zon-
ing Adjustment Modification No. 3854.
Bakersfield, California, November 17, 1982 - Page 12
¸97
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), and (u), of the Consent Calendar, were adopted
Noes:
Absent:
call vote:
Councilmen Christensen,
Barton
Means, Ratty, Rockoff, Strong
None.
Councilman Payne
ACTION ON BIDS
Upon a motion by Councilman Christensen,
low bid of
Traffic Devices, Inc., in the amount of $34,866.58, for Traffic
Signal Controllers for various locations, was accepted and all other
bids rejected.
Assistant City Manager-Finance Higginbotham reported that
in the event of a hazardous waste spill inside the City, the City
would not have the personnel or equipment to clean up such a spill.
The City requested proposals from fourteen firms and received one
from IT Corporation and one from Invac Environmental. The proposals
were reviewed by the Fire, Police, Public Works and Finance Depart-
ments. Three major areas of concern were: response time in the
event of a spill; experience the company has had in dealing with
hazardous waste spills; and costs. It was the opinion of all depart-
ments reviewing the proposals that IT Corporation satisfied the needs
of the City. IT Corporation did not have a minimum charge. Invac
Environmental, Incorporated, had a minimum 8 hour charge and all
charges were related to not only the type of personnel, but also
the equipment used for a specific spill. It should be noted, any
cost associated with clean-up of a chemical spill would be billed
to the responsible party.
In answer to a question by Councilman Means, Fire and
Developmental Services Director Needham stated the Police Depart-
ment has control of the scene of an accident. The Fire Department
will be the specialist in identifying material and designating what
type of action should be taken in regard to actual hazardous
by the following roll
Ayes:
Bakersfield, California, November 17, 1982 - Page 13
chemicals. The Police Department is in control of the over-all
operation.
Councilman Means stated his concern was not just with
agencies within the City but also agencies throughout the State
such as, the Health Department, Highway Patrol, and State Depart-
ment of Health.
Fire and Developmental Services Director Needham stated
it is clearly laid out. In a situation on a State highway, the
Highway Patrol would be in control of the scene. The Health
Department, as do other departments, has certain levels of control.
City Manager Kelmar stated that recently staff went
through an exercise in an emergency situation and, as a result of
that exercise, emergency procedures are being updated.
Councilman Means requested staff keep him informed of
the process and the decision that specifically outlines when there
is an accident within the City Limits who has the ultimate authority.
Upon a motion by Councilman Means, proposal of IT
Corporation for removal of hazardous chemicals in the City of
Bakersfield, was accepted, the other proposal rejected, and the
Mayor was authorized to execute the contract.
In answer to a question by Councilman Strong, Assistant
City Manager-Finance Higginbotham stated response time by IT
Corporation to an emergency spill is fifteen minutes around the
clock.
Councilman Means requested City Attorney Oberholzer
research the law and provide him with the information relative to
chemical spills.
Upon a motion by Councilman Barton, low bid of Asphalt
Paving Company of Fresno, in the amount of $86,225.00 for con-
struction of a Reinforced Concrete Box Culvert at Stine Road and
Farmers Canal was accepted, all other bids rejected, and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Payne, usual bidding require-
ments were dispensed with, in accordance with Section 3.20.060 of
Bakersfield, California, November 17, 1982 - Page 14
99
the Municipal Code and the Finance Operations Manager was author-
ized to negotiate a price with Motorola Communications for two
portable two-way radios and two pagers for the Police Department,
within the amount budgeted of $4,200.00.
Upon a motion by Councilman Means, low base bid plus
Additions A and B, of GCA Equipment Rental, in the amount of
$65,027.10, for construction of storm drains on Myrtle Street
north of 24th Street, Palm Street at "H" Street and 2nd Street,
Chester Avenue to Eye Street, was accepted, all other bids rejected,
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Barton, low bid of Granite
Construction Company, in the amount of $16,215, for construction
of Garland Avenue/Wible Road Storm Drain, was accepted, all other
bids rejected, and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Ratty, low bids of Three Way
Chevrolet (for three items), in the amount of $81,622.92, and Jim
Burke Ford (for six items), in the amount of $54,400.45, for pick-
up trucks, cabs and chassis for the Public Works Department, was
accepted and all other bids rejected.
Upon a motion by Councilman Christensen, low bid of
Industrial Hydropower, in the amount of $11,660.00 for hydroblaster
for the Public Works Department, was accepted and the other bid
rejected.
Upon a motion by Councilman Ratty low bid of Ruckstell
California Sales, in the amount of $56,273.28, for refuse contain-
ers, was accepted and the other bid rejected.
Upon a motion by Councilman Barton, low base bid of
Burk Oilfield Construction, in the amount of $34,020.34, for sludge
pump relocation at Wastewater Treatment Plant 2, was accepted, all
other bids rejected, and the Mayor was authorized to execute the
contract.
Bakersfield, California, November 17, 1982 - Page 15
DEFERRED BUSINESS
Adoption of Ordinance No. 2787 New
Series of the Council of the City of
Bakersfield amending Chapter 2.16 of
Title 2, Sections 2.16.010, 2.16.020
and adding Subsection (H) to Section
2.16.030.
Upon a motion by Councilman Payne, Ordinance No. 2787
New Series amending Chapter 2.16 of Title 2, Sections 2.16.010,
2.16.020 and adding Subsection (H) to Section 2.16.030, was adopted
by the following roll call vote:
Ayes
Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Strong, Barton
Noes None.
Absent: None.
Adoption of Ordinance No. 2788 New
Series of the Council of the City of
Bakersfield amending Section 15.12.280
and repealing Section 16.44.030 B. of
the Bakersfield Municipal Code relative
to Final Grading Report and City
Engineer's Certificate.
Upon a motion by Councilman Payne, Ordinance No. 2788
New Series amending Section 15.12.280 and repealing Section
16.44.030 B. of the Bakersfield Municipal Code relative to Final
Grading Report and City Engineer's Certificate, was adopted by the
following roll call vote:
Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Strong, Barton
Noes: None.
Absent: None.
NEW BUSINESS
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield located on the east side
of Hughes Lane, north of Fairview
Road.
This amendment was initiated by the Planning Commission
and would change subject property from an "A" (Agricultural Zone
to an R-1 (One Family Dwelling), or more restrictive Zone.
Bakersfield, California, November 17, 1982 - Page 16
The Planning Commission approved the amendment and
recommended same to the City Council.
First reading was considered given an Ordinance amend-
ing Title Seventeen of the Municipal Code of the City of Bakers-
field by changing the Land Use Zoning of those certain properties
in the City of Bakersfield located on the east side of Hughes
Lane, north of Fairview Road.
First reading of an Ordinance of
the Council of the City of Bakers-
field changing the name of Cooper-
wood Lane to Copperwood Lane.
A request from residents of Cooperwood Lane to change
the street name to Copperwood Lane, located between Shiloh Road
and Juniper Ridge Road in the Northeasterly area of the City of
Bakersfield, was considered and approved by the Planning Commission
on September 16, 1982.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield changing the name of Cooperwood
Lane to Copperwood Lane.
Approval of Proposed Kern River
Property Exchange between Tenneco
Realty Development Corporation and
the City of Bakersfield.
This proposed property exchange involves 31.64 acres of
Tenneco land to be exchanged for 1/6 of an acre, 7,563 square
feet, of City property. The Tenneco property is located astride
the Kern River Channel between Chester Avenue and Manor Street.
The City property to be exchanged is located at the northeast
corner of the Kern River levee at 24th Street.
The terms and conditions of this proposed property
exchange were reviewed and recommended for adoption by the Water
Board on October 27, 1982.
Upon a motion by Councilman Ratty, proposed Kern River
property exchange between Tenneco Realty Development Corporation
and the City of Bakersfield, was approved.
Bakersfield, California, November 17, 1982 - Page 17
Adoption of Resolution No. 129-82 of
the Council of the City of Bakersfield
providing for the Adjustment of Prop-
erty Tax Revenues upon Local Agency
Jurisdictional Change Resulting from
Annexation No. 286, LAFCO Proceeding
No. 796 (Kern River No. 8).
Kern River No. 8 Annexation cannot be processed until
there is a negotiated exchange of Property Tax Revenues between
the County and City. The County will, by resolution, agree to
the exchange of Property Tax Revenues. After the City and County
adopt resolution for the exchange of Property Tax Revenues, as
provided in this resolution, the annexation can continue to be
processed.
Upon a motion by Councilman Christensen, Resolution No.
129-82 of the Council of the City of Bakersfield providing for
the Adjustment of Property Tax Revenues upon Local Agency Juris-
dictional change resulting from Annexation No. 286, LAFCO Proceed-
ing No. 796 (Kern River No. 8), was adopted by the following roll
call vote:
Ayes:
Councilmen Christensen, Means,
Strong, Barton
Noes: None.
Absent: None.
Payne, Ratty, Rockoff,
Adoption of Resolution No. 130-82 of
the Council of the City of Bakers-
field providing for the adjustment of
Property Tax Revenues upon local
agency jurisdictional change result-
ing from Annexation No. 287, LAFCO
Proceeding No. 797 (Kern River No. 9).
The Kern River No. 9 Annexation cannot be processed
until there is a negotiated exchange of Property Tax Revenues
between the County and City. The County will, by resolution,
agree to the exchange of Property Tax Revenues. After the City
and County adopt resolution for the exchange of Property Tax
Revenues, as provided in this resolution, the annexation can
continue to be processed.
Bakersfield, California, November 17, 1982 - Page 18
103
Upon a motion by Councilman Ratty, Resolution No. 130-82
of the Council of the City of Bakersfield providing for the adjust-
ment of Property Tax Revenues upon local agency jurisdictional
change resulting from Annexation No. 287, LAFCO Proceeding No. 797
(Kern River No. 9), was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Strong, Barton
Noes: None.
Absent: None.
Adoption of Resolution No. 131-82 of
the Council of the City of Bakersfield
providing for the adjustment of Property
Tax Revenues upon local agency juris-
dictional change resulting from Annex-
ation No. 284, LAFCO Proceeding No. 795
(Kern City No. 2).
Attorney Oberholzer stated pursuant to some last minute
negotiations by Assistant City Manager-Finance Higginbotham, there
has been a change in this Resolution. Above paragraph 2, where
it states Fiscal Year 82-83, insert "...and provided that the afore-
said portion of the County of Kern General Fund to be transferred
to the City of Bakersfield shall be reduced by: $7,281 from the
base amount for Fiacal Year 82-83; and 2.7562 from the annual tax
increment factor for%~cceeding years..."
The Kern City No. 2 Annexation cannot be processed until
there is a negotiated exchange of Property Tax Revenues between
the County and City. The County will, by resolution, agree to the
exchange of Property Tax Revenues. After the City and County adopt
resolution for the exchange of Property Tax Revenues, as provided
in this resolution, the annexation can continue to be processed.
Upon a motion by Councilman Ratty, Resolution No. 131-82
of the Council of the City of Bakersfield providing for the adjust-
ment of Property Tax Revenues upon local agency jurisdictional
change resulting from Annexation No. 284, LAFCO Proceeding No. 795
(Kern City No. 2), was adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Christensen, Means,
Strong, Barton
None.
None.
Payne, Ratty, Rockoff,
104
Bakersfield, California, November 17, 1982 - Page 19
EXECUTIVE SESSION
The Council recessed to an Executive Session to discuss
labor negotiations at 9:40 P.M.
The regular meeting was reconvened at 10:15 P.M.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting
was adjourned at 10:20 P.M.
MAYOR of h ' y akersfield, Calif.
ATTEST:
of the City of Bakersfield, California
CW
Bakersfield, California, November 22, 1982
105
Minutes of a special meeting of the Council o£
of Bakersfield, California, held in the Council Chambers
Hall at 12:00 Noon, November 22, 1982.
The meeting was called to order by Mayor Shell,
by the Pledge of Allegiance.
The
Present: Mayor Shell.
Absent:
the City
of City
followed
City Clerk called the roll as follows:
Councilmen Means, Payne, Ratty, Rockoff,
Strong, Barton, Christensen
None.
Mayor Shell announced that
Golden Empire Transit District
Board Members Carter and Franklin were present to receive input fr.~m
the Council regarding a proposed downtown Golden Empire Transit
District Transit Facility.
OPENING REMARKS BY CITY MANAGER
City Manager Kelmar stated at the last joint meeting,
between the Council and Golden Empire Transit District Board, the
Council was polled as to the type and location of a facility (on
or off-street) they preferred. The Council indicated a preference
for an off-street facility. In all fairness to the Council, they
did not feel they had selected a location. In fairness to the G.E.T.
Board the record and study they had prepared by Barton-Aschman
Associates, Inc., recommended the 21st Street and Chester Avenue
location. As a result the G.E.T. Board acted on that location.
For various reasons the Council has indicated a preference £or
another location at 19th and "K" Streets. The discussion today
should attempt to focus on the pros and cons of those two locations,
rather than why G.E.T. selected the site at 21st Street and Chester
Avenue. The G.E.T. Board indicated that if the Council has addi-
tional information as to why the location should be changed it
should be forwarded to them £or evaluation.
City Manager Kelmar stated he had a brief discussion with
Mr. Scales of Barton-Aschman Associates, Inc., and he was asked
for comments on the appropriateness of the 19th and "K" Streets
106
Bakersfield, California, November 22, 1982 - Page 2
location, if he had an opportunity to study it. From Mr. Scales
perspective, he felt, for the transit rider, that the closer prox-
imity of the 19th and "K" Streets site to the main part of down-
town was a better location. From a bus operation standpoint, he
felt, it was a little worse than the 21st Street and Chester
Avenue location, but not that undesirable. He also felt that
either location for the facility would have a potential to support
redevelopment. From the standpoint of the transit image the 21st
Street and Chester Avenue location was more desirable, because it
would be a more visible site than one east of Chester Avenue. Mr.
Scales felt that the one significant issue, real or perceived,
is the safety and security of the elderly and females who ride the.
buses.
DISCUSSION ON THE GOLDEN EMPIRE TRANSIT
FACILITY LOCATION.
Councilman Strong asked if police records indicate that
the 19th and "K" Streets area is a high crime area.
City Manager Kelmar stated one of the basic reasons
American National Bank moved out of the area was because of prob-
lems they had with individuals circulating in the area. They
had to escort female employees to their cars at night.
Police Captain Thompson stated the Police Department
does not keep specific statistics on that area, however, he does
not believe it is a high crime rate area. There have been some
complaints from business owners regarding drinking in the parking
lots and concern for employees. The Police Department has a beat
officer give attention to those areas around Chester Avenue, 20th
and 21st Streets, and 20th and "K" Streets, as far as employees
coming to and from stores. There have been a few purse snatches,
however, overall that area is not
in either direction.
Councilman Strong stated
received were related to
any worse than several blocks
some of the complaints he has
the blood bank operation.
Bakersfield, California, November 22, 1982 - Page 3
107
City Manager Kelmar stated the City Council did not
renew the lease on the blood bank center and they are no longer
at that location.
G.E.T. Board Member Carter stated he is concerned about
the operational cost for either facility. The District has to
maintain a fair ratio of fares
present time is 25.6. It will
spend a lot of money to secure
to the total cost, which at the
run the cost up if G.E.T. has to
the facility at 19th and "K" Streets,
which may not present a problem at 21st Street and Chester Avenue.
Mr. Carter felt the Council and G.E.T. should cooperate on that
matter. Another area that should be discussed is ingress and
egress to and from the facility, which might be better at 21st
Street and Chester Avenue.
Councilman Rockoff stated the Quad Study concluded that
the 19th and "K" Streets was a good location for the bus transfer
point and they did not seem to find any negative factors regarding
egress and ingress of the buses.
Councilman Means stated the advantage of the 19th and "K"
Street location is that is an area the Council is focusing on for
redevelopment. The Council hopes by redeveloping that area it will
get rid of some of the undesirable businesses.
G.E.T. Board Member Franklin stated the G.E.T. Board
feels any dispute has been discussed. The Council had ample oppor-
tunity to present their views. A $30,000 study was conducted by
Barton-Aschman Associates, Inc., sponsored jointly by KernCog, G.E.T.
and the Bakersfield Redevelopment Agency. G.E.T. felt that was the
time for all the input. They feel that now they need to hear some-
thing new or something they did not know instead of rehashing and
redebating the issue and possibly jeopardizing the grant.
Councilman Rockoff stated Barton-Aschman was told the
19th and "K" Streets site was not available for study because of aa
exclusive right to negotiate. That information was an error and
108
Bakersfield, California, November 22, 1982 - Page 4
Barton-Aschman did not give attention to that location. The City
Manager has indicated Barton-Aschman considers 19th and "K" Streets
a viable location. Therefore, the fact they did not have it in
the study should not have a bearing on the decision as to the
location. The Council is interested in the proper location and not
what may have been a technical error in the study.
site
east.
recommendation would have been if that site had been included in
the study. The Quad Study's assessed valuation of the 19th and "K"
Streets site is interesting. He would be very interested in that
site if it will cost a million dollars less than the 21st Street
and Chester Avenue site.
City Manager Kelmar stated he does not think there is
any question that the 19th and "K" Streets site would be signifi-
cantly cheaper than the other location. Almost half of the block
is vacant.
Councilman Payne stated he wanted to make it clear that
he personally does not feel that the Council or Redevelopment
Agency had adequate input in the joint meeting with the G.E.T.
Board. On many occasions that evening the G.E.T. Board reminded
the Council that they had a scheduled meeting immediately follow-
ing. A Board Member stated they were late for the other meeting
and all they wanted from the Council and Redevelopment Agency was a
vote as to whether or not they wanted an off- or on-street terminal.
The minute the results of the votes were known the G.E.T. Board
left and he feels the Council was short changed. Councilman Payne
requested the definition of an off-street terminal, because he does
not feel that it should consist of a fast food restaurant and
transient park. If that is what is intended at that location it
will be a misuse of the U.M.T.A. funds. The majority of those
funds are to be granted for the construction of an off-street
terminal facility and not a fast food restaurant.
G.E.T. Board Member Carter stated the 19th and "K" Streets
was based on the shopping mall being developed to the north-.
The G.E.T. Board would like to know what the Barton-Aschma~
Bakersfield, California, November 22, 1982 - Page 5
109
G.E.T. Board Member Franklin stated at this point there
is not a plan or design for a park, building or fast food business,
it is just part of the alternatives available.
Councilman Christensen stated if a park is placed at that
location it will attract derelicts, drunks and bums and that is a
proven fact. It will create problems that have never been brought
before the Council and was not part of the study.
City Manager Kelmar stated, in fairness to the G.E.T.
Board, they have not acted on any type of facility. At their last
meeting the consultant presented an initial conceptual design, which
is the one being discussed. However, the Board has not agreed,
any manner, to that type of facility or any facility at this point
in time.
Councilman Barton stated he would support a reasonable
cost to add the 19th and "K" Streets site to the Barton-Aschman
Study, if it is necessary to convince the G.E.T. Board of its
possible viability. He also stated he understands the G.E.T. Board's
position regarding the fare box ratio of the cost and asked if they
would be willing to consider a joint venture agreement to lease
space to help off-set the cost for added services and to hold the
fare box ratio down.
G.E.T. Board Member Carter indicated they would consider
that and stated he felt it would be a step in the right direction.
City Manager Kelmar stated he does not know how much effort
will have to go into a study of the 19th and "K" Streets site, but
an updated environmental review and appraisals will have to be
accomplished. Mr. Scales has indicated that the study of that
location could be completed in a couple of weeks.
Councilman Rockoff stated he is very concerned that G.E.T.'s
decision is based predominantly on obtaining a fast food restaurant
at 21st Street and he hopes that is not the basis for their decision
as to the location of the transit facility. If they choose the
110
Bakersfield, California, November 22, 1982 - Page 6
wrong location for that reason only, it will be very unfair to the
bus riders and the City of Bakersfield in its redevelopment plans.
G.E.T. Board Member Carter stated when the Board talked
about the 19th and "K" Streets site, they also talked about the
fast food restaurant to provide income to off-set the operating
costs. It is not something new that was just talked about for
the 21st Street and Chester Avenue site. He also stated he did
see a conceptual rendering of a park with a fast food service, but
it also contained information services, restrooms and other thing~
that would provide for transit.
for the terminal, whether it is
21st Street and Chester Avenue.
The Board has not chosen a design.
located at 19th and "K" Streets or
Mr. Scales has told their Manager
the transit rider would be better served at the l~th and "K" Streets
site and the bus operations, transit image and safety and security
would be better served at the 21st and Chester site. The Council
has indicated they have strong feelings for the 19th and "K" Streets
site in order to help redevelopment of the surrounding area. Mr.
Carter indicated Barton-Aschman needs to include these considera-
tions and differences in assessed valuations in their recommenda-
tion to the G.E.T. Board. There are negatives and positives for
both sites. A decision will have to be made by December 7, 1982,
which is the G.E.T. Board's meeting date. It would not be right
to hire a professional consultant at great expense and then ignore
his recommendation. A decision will have to be made based on what
is good for transit and the things that have been brought out.
City Manager Kelmar stated Mr. Scales has stated that he
plans to submit to the G.E.T. Board on December 7th, the final
application for processing. One of the things that disturbs him
is the consideration on a two step basis of finding a location and
then determining what will be placed on it. There should be a
perspective as far as the whole concept is concerned. A whole
block may be acquired and there may not be funds to construct a
Bakersfield, California, November 22, 1982 - Page 7
11'1
facility, other than a park. There has not been consideration of
what is going to be on that particular block and whether or not a
whole block is necessary.
Councilman Barton stated he would like Barton-Aschman
Associates, Inc., to study the 19th and "K" Streets site and
present their recommendation to the G.E.T. Board and, hopefully,
they will reconsider their decision and grant funds can be obtained
for that site.
During discussion, Councilman Ratty made a motion that
the Council authorize the expenditure of $3,000 from the Council
Contingency Fund for Barton-Aschman Associates, Inc., to pursue the
study o£ the 19th and "K" Streets site and return to the G.E.T.
Board with a recommendation by December 7, 1982.
G.E.T. Board Member Franklin suggested that the Council
contact U.M.T.A. and let them know this site is being studied,
because time could run out for submitting the application for the
funds.
At the request of Councilman Means, Councilman Ratty
included in his motion that a Councilman contact U.M.T.A. and assure
them that a location has been agreed on and it will be a few more
weeks and no more changes will be made.
At the request of Councilman Barton, Councilman Ra~ty
amended his motion that authorization be granted to spend up to
$3,000 from the Council's Contingency Fund for the update of the
Barton-Aschman Study and other funds the City Manager may deem
necessary, not to exceed a total cost of $5,000.
Councilman Ratty's amended motion that authorization be
granted to spend up to $3,000 from the Council's Contingency Fund
for Barton-Aschman Associates, Inc., to pursue the study of the
19th and "K" Streets site and other funds the City Manager may deem
necessary, not to exceed a total cost of $5,000, and return to the
G.E.T. Board with recommendation by December 7, 1982; and a Council-
man contact U.M.T.A. to assure them that a location has been agreed
112
Bakersfield, California, November 22, 1982 - Page 8
on and it will be a
made,
Ayes
Noes
Absent:
stating the Council
an open checkbook.
that way.
ADJOURNMENT
There being no further business to
Council, upon a motion by Councilman Means,
adjourned at 1:15 P.M.
few more weeks and no more changes will be
carried by the following roll call vote:
Councilmen Means, Payne, Ratty, Rockoff, Barton
Councilman Christensen
Councilman Strong
Councilman Christensen clarified his negative vote by
is not acting responsibly by contracting
He does not want to spend taxpayers money
come before the
the meeting was
MAYOR of
fie 'ty of Bakersfield,
Calif.
ATTEST:
CITY CLERI~ an~/Ex Officio Clerk of the Council
of the City of Bakersfield, California
ma/cw
Bakersfield, California, December l, 1982
113
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 P.M., December 1, 1982.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Dr. Clyde ~asdin of
the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Payne, Ratty, Rockoff,
Absent: None
Strong,
Barton, Christensen, Means
Minutes of the regular meeting of November lO,
were approved as presented.
1982,
SCHEDULED PUBLIC STATEMENTS
Mr. Michael J. Callagy, Cornerstone Engineering, Inc.,
Street, on behalf of the Calvary Bible Church, stated he
159 "H"
made a procedural error in his request to have the City pave the
acceleration lane on ~{anor Street and staff is taking care of the
matter.
Mr. Philip Rudnick, Attorney at Law, representing Getty
Synthetic Fuels, 5300 California Avenue, Suite 255, requested that
Getty Synthetic Fuels be allowed to submit a formal economic pro-
posal for the development of the Sanitary Landfill for the Methane
Gas Recovery Program. Getty Synthetic Fuels has never been
requested, as far as they understood, to submit a formal proposal,
including the economics, that they felt could be offered to the
City. Apparently, in the course of the committee's considerations
they assumed they had heard all that Getty Synthetic Fuels intended
to propose. Based on what he believes to be a lack of total infor-
mation, the committee made a recommendation to the Council. The
Council adopted that recommendation instructing the committee to
proceed to negotiate with another interested party. Members of the
committee felt it would be improper to accept additional information,
in the nature of a formal proposal, because the Council had instructed
114
Bakersfield, California, December 1, 1982 - Page 2
them to begin negotiations with a specific party. Mr. Rudnick
stated he felt the Council was the appropriate place to present
this request, hoping they will reconsider and instruct the com-
mittee to receive the formal economic proposal.
Mr. Robert Collins, President of Getty Synthetic Fuels,
subsidiary of Getty Oil Company, stated they are the world leaders
in methane recovery from sanitary landfills and believe they were
the first company to go into this business. They feel there was
a lack of communication between the committee and Getty Synthetic
Fuels. Getty responded, in ~ay, to a request for qualifications.
A financial presentation was not made in that response and it would
not have been appropriate at that time. A verbal presentation was
made on June 22, 1982, and, again, a financial proposal was not
given or requested. Getty Synthetic Fuels is qualified to develop
this site, but was never requested to make a financial proposal.
In late September they found out that the City was not going to
request a proposal. Getty believes the reason was a misinterpre-
tation of their position. ~r. Collins requested the opportunity
to present an economic proposal to the City for evaluation.
~r. Rudnick stated, if this request is approved by the
Council, Getty Synthetic Fuels is prepared to deliver the formal
proposal tomorrow morning.
In answer to a question by Councilman Rockof£, Public
Works Director Hawley stated, as one member of the committee that
met with Getty Synthetic Fuels, that all points were covered during
the interviews. Prior to the meeting there was discussion about
how the interviews would be held and who would participate. During
the interviews the committee indicated what the next steps would
be. He felt everyone understood what the procedures would be.
Councilman Ratty stated his impression was the same as
Councilman Rockoff's and feels they received all the information
needed. This project should not be delayed any longer because of
the potential danger to the citizens in the area.
Bakersfield, California, December l, 1982 - Page 3
City Manager Kelmar stated, from the staff's perspective
and everything he has been able to determine, all firms were given
an equal opportunity and the recommendation was made on the infor-
mation obtained from the interviews. The Council has made a recom-
mendation to enter negotiations with one of the other organizations
and staff is in the process of preparing a contract. The City's
credibility is being discussed here. Getty Synthetic Fuels may
have felt they left something on the table, but the City does not
do business that way.
Mr. Collins stated they do not do business that way
either. They do not feel anything was left on the table, because
nothing was put on the table. They are fully prepared to make a
proposal. They do not want to do business by second guessing
another firm. They do not have any information as to what their
competitors are proposing. They feel it is only fair to be given
the right to submit what they propose.
In answer to a question by Councilman Payne, City
Attorney Oberholzer stated sometime ago the Council took action
directing staff to negotiate with Cambrian and that is being done
at the present time. It is anticipated that the contract with
Cambrian will be presented at the next Council Meeting, if the
difficulties can be worked out. If the difficulties cannot be
worked out, then the Council will have the option to reopen the
matter and request further proposals from other firms. It would
be inappropriate to negotiate with two firms at the same time,
because it would place them in the position of being one against
the other and that is where the issue of credibility comes into
play. The firms like to keep their information confidential and
at this stage of the proceedings Cambrian's information is no longer
confidential. Cambrian competed against Getty Synthetic Fuels and
the committee chose them, based on the information submitted.
Councilman Ratty made a motion that the Council proceed
with the course presently being taken with regards to the Methane
Gas Recovery Program at the Sanitary Landfill.
Bakersfield, California, December l, 1982 - Page 4
Mr. Peter Soriano, Manager of Project Development for
Getty Synthetic Fuels, stated in the presentations they explained
how they would be able to monitor whether gas was going off site,
how the wells would be placed, how the testing would be done and
at the same time leave something for the City to be able to monitor
where the gas is located and going.
During discussion, ~lr. Robert Hatch, who introduced Mr.
Tudor Williams, Officers in Cambrian Energy, outlined some of the
projects they are involved with and their qualifications to conduct
the Methane Gas Recovery Program for the City of Bakersfield and
County of Kern. He felt the Council is being requested to change
the rules and that is not
they were and he is sorry
requested by the City.
right. Getty was told the same things
if they did not understand what was being
After considerable discussion,
that the Council proceed with the course presently
regards to the Methane Gas Recovery Program at the
was unanimously approved.
Mr. Issac Culp, 2509 19th Street, Apt. A, registered
a complaint against Cox Cable TV regarding his bill and requested
that the matter be investigated. Mr. Culp stated they turned a
bill over to a collection agency that he did not owe, which placed
his job in jeopardy.
Mr. Howard Channell, General Manager of Cox Cable TV,
stated he has talked to Mr. Culp regarding his bill and did not
feel this was the time or place to discuss his credit or bill. Mr.
Channell indicated Mr. Culp was behind in paying his bill.
CORRESPONDENCE
Upon a motion by Councilman Strong, communication from
Becker & Bell, Inc., Management Consultants-Labor Relations,
Placerville, California, dated November 12, 1982, forwarding
completed Memoranda o£ Understanding for each bargaining unit, was
received and ordered placed on file.
Councilman Ratty's motion
being taken with
Sanitary Landfill,
Bakersfield, California, December 1, 1982 - Page 5
'i17
Upon a motion by Councilman Ratty, communication from
Audrey Cochran, 7901 Shetland Drive, dated November 22, 1982,
regarding the road work being done on Ming Avenue, was received
and ordered placed on file.
Upon a motion by Councilman Barton, communication from
~lr. and Mrs. Harvey R. Amos, The Regency, 2521 "F" Street, dated
November 24, 1982, offering to donate their compact theatre organ
to the City of Bakersfield for use at the Civic Auditorium, was
received, the offer was accepted and the Mayor was requested to
send a letter of appreciation to Mr. and Mrs. Amos for their
generous donation.
Mayor Shell introduced Mr. Harvey Amos and thanked him,
on behalf of the City, for his donation of the organ.
Mr. Harvey Amos stated they feel the City of Bakersfield
is fortunate to have such a magnificent Civic Auditorium and felt
an organ was needed for various functions.
COUNCIL STATEMENTS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 2.72 of Title 2 of
the Bakersfield Municipal Code relating
to appointment o£ relatives of City
Council, Boards, Commissions and
Employees.
Councilman Payne stated he has provided each Councilman
with a proposed change in an existing ordinance relative to appoint-
ment of a spouse or relative of a Council or Commission member. The
proposed ordinance would amend Section 2.72.120 C (3) to read as
follows:
Nepotism -- Appointment of Spouse or Relative:
Appointments of persons who are related as
provided above to a member of the City Council,
Board or Commission of the City or to a City
employee, may be approved if the appropriate
Civil Service Board determines that a conflict
does not or will not exist.
City Attorney Oberholzer stated the following cities
were polled regarding their Nepotism Ordinances:
Bakersfield, California, December 1, 1982 - Page 6
Culver City -
San Bernardino -
Santa Ana -
Long Beach
Fresno -
Stockton -
No prohibition.
No prohibition.
No prohibition.
No prohibition.
Prohibits an appointing
authority from making an
appointment of a relative to
a position within the City
(City Council is not the
appointing authority in Bakers-
field or Fresno).
Prohibits the appointment of
a relative of a Council member,
however, the majority of the
Council can waive that by a
vote.
The League of California Cities' Legal Office felt the City of
Bakersfield's ordinance was more restrictive than most cities in
California. The ordinance proposed by Councilman Payne contains
a prohibition that most cities do not have. The appointment of a
member of the Council's family can only be made after a determina-
tion is made by the Civil Service Board that no conflict exists
or will exist with respect to that employees position with the
City.
Upon a motion by Councilman Payne, first reading was
considered given an Ordinance of the Council of the City of Bakers--
field amending Chapter 2.72 of Title 2 of the Bakersfield Municipal
Code relative to appointment of relatives of City Council, Boards,
Commissions and Employees, and is to be placed on the Agenda for
action at the meeting of December 8, 1982.
REPORTS
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 33-82 regarding Agreement with
S.P.C.A. for Animal Control, as follows:
Beginning January 1, 1979, the City of Bakers-
field entered into an agreement with the
Bakersfield S.P.C.A. to provide enforcement
and performance of powers and duties as set
forth in the "Animal Control Ordinance" of the
Bakersfield, Cali£ornia, December 1, 1982 - Page 7
11.9
City's Municipal Code. The original agreement
was for the period of January l, 1979 through
June 30, 1980, and has been amended and re-
newed each year thereafter through June 30,
1982.
Commencing July l, 1982, the S.P.C.A. requested
an annual increase of $18,000. In light of the
uncertainties relating to the City's annual
budget, on July 7, 1982, the City Council approved
an amendment to continue the terms o£ that agree-
ment on a month-to-month basis until such time
as a new agreement may be made.
This Committee has met with members of the City
staff and representatives from the S.P.C.A. to
review S.P.C.A.'s request for additional ~unds
for operations through June 30, 1983, and the
probability of the continued need for annual
adjustments to compensate for increasing
operational costs. Our discussions centered
around the current operations of the S.P.C.A.,
the level of service they are providing to the
City for the City funds being expended, and
possible alternatives for funding S.P.C.A.'s
operations (other than through the General Fund
as currently being done).
Pursuant to our discussions, this Committee is
satisfied with the level of service being
provided by the S.P.C.A. and consider the
requested increase to be warranted. In order
to ensure the City receiving the best possible
return for the tax dollars expended, the City's
Internal Auditor should prepare an interim
report on the S.P.C.A.'s financial records and
operations.
As stated above, this Committee recognizes the
strong probability of the continuing need to
made annual adjustments to compensate for in-
creases in operational costs, etc. During our
discussions, we noted the dog population of the
City of Bakersfield to be approximately 70,000.
Of the 70,000 dogs, enly 8,000 are licensed.
We further noted that if all dogs were licensed,
approximately $500,000 of revenue would be
generated. We realize that it is not practical
to consider the possibility of licensing all
dogs in the City of Bakers£ield, however, we
feel the solution to the continuing problem of
funding the S.P.C.A. is to generate more revenues
by licensing a higher percentage of those animals
currently not licensed.
Therefore, this Committee recommends:
City Council approve an amendment to the
agreement with the S.P.C.A. through June
30, 1983, including an increase of $18,000,
and authorize the Mayor to execute same.
Direct City staf£ to prepare an interim
audit of the financial records and books
of the S.P.C.A.
120
Bakersfield, California, December l, 1982 - Page 8
~r. Don Johnson, Executive Director of the S.P.C.A.,
reported on their services to the City and Door-to-Door Canvassing
Program for licensing dogs. They feel the revenue for animal
control should come from the licensing rather than the City's
General Fund.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 33-82 regarding Agreement with S.P.C.A.
for Animal Control, was accepted; amendment to agreement with the
S.P.C.A. through June 30, 1983, including an increase of $18,000,
was approved and the Mayor was authorized to execute same; and
staff was directed to prepare an interim audit of the financial
records and books of the S.P.C.A.
Councilman Ratty, Chairman of the Water and City Growth
Committee, read Report No. 8-82 regarding Weed Abatement Program,
as follows:
During 1978 the City Council authorized the
Fire Department to proceed with the City's
Weed Abatement Program on a complaint basis
and have the annual nuisance lots and special
hazards cleaned.
The program was revised due to excessive costs
of abatement by the contractors and attempts
to have nonprofit groups do the cleaning were
made but were not successful.
Since that time, notices to property owners
have been rewritten with more effective results.
The Fire Safety Control Division of the Fire
Department has been successful on following
up approximately 750 to 850 complaints per year.
Since 1978, it has been necessary to bring only
two lots to the Council for authorization to
abate the hazard. In addition, the City
Attorney's Office has analyzed the ordinance
and ascertained that more than one hearing can
be held throughout the year to order the abate-
ment of combustible materials on lots. This
helps to simplify the process to some degree.
The Committee's concern regarding the number
of complaints Council members receive precipi-
tated a discussion of the aspects of a full
scale Weed Abatement Program. Due to the
logistics problems, the additional burden placed
on existing staff, hiring of more personnel and
the purchase of heavy equipment, this alternative
was not considered further.
Bakersfield, Cali£ornia, December 1, 1982 - Page 9
12l
The Fire Chief reported that the existing Weed
Abatement Program is acceptable, but the work
load for the four (4) Arson and Inspection
Captains in the Fire Safety Control Division is
significant and that the Weed Abatement Program
is not pursued on a top priority basis. An
additional position is needed to properly
handle weed abatement and follow-up on other
types of inspection work.
The Committee thereon recommended that the
position of Community Service Technician be
considered by the Governmental Efficiency and
Personnel Committee for this purpose.
Another concern of the Committee is the cost to
the City for staff to carryout the Weed Abate-
ment Program for which there is no monetary
return to the City except those cases that go
to hearing. Section 8.28.100 A of the Municipa~
Code authorizes the Fire Chief to set an adminis-
trative fee against each lot that goes to
hearing.
This Committee, therefore, recommends acceptance
of this report; the Weed Abatement Program
continue on a complaint basis with an emphasis
on early abatement of lots for which complaints
are received annually; continued abatement of
lots that present a known hazard or nuisance;
actual costs for administration be charged or
levied against those properties that go to
hearing; and that the Governmental Efficiency
and Personnel Committee consider the addition
of the position of Community Service Technician
to the Fire Safety Control Division of the Fire
Department.
Councilman Barton stated the Fire Department will try
to abatement the weed problems in the City as early as possible
so the hazard is not present during the summer months.
Upon a motion by Councilman Ratty, Water and City Growth
Committee Report No. 8-82 regarding Weed Abatement Program, was
accepted; the Weed Abatement Program will continue on a complaint
basis with emphasis on early abatement of lots on which complaints
are received annually; abatement of lots that present a known
hazard or nuisance will be continued; actual costs for administration
will be charged or levied against those properties that go to
hearing; and the Governmental Efficiency and Personnel Committee
is requested to consider the addition of the position of Community
Service Technician for the Fire Safety Control Division of the
Fire Department.
122
Bakersfield, California, December 1, 1982 - Page 10
Councilman Ratty, Chairman of the Water and City Growth
Committee, read Report No. 9-82 regarding Sign Ordinance, as
follows:
On January 20, 1982, the City Council extended
the amortization period for removal of certain
legal, nonconforming signs by local governments
to January, 1983.
This Committee has analyzed certain sections
of the Sign Ordinance which need revision, for
the ordinance to be more consistent, and that
abatement of legal nonconforming signs take
place by attrition, as well as amortization.
Staff has been directed to analyze the following
areas of the ordinance and report back to the
Committee with recommendations:
Establish conditions for the abatement of
legal, nonconforming signs with respect to
the following:
a. Change in ownership of a business.
b. Change of the tenant of a business.
c. The business or activity is discontinued
or sold.
d. A conditional use is granted for the
business.
Issuance of a Sign Permit for installa-
tion, construction or painting of a new
or additional sign on the property.
2. Bring the "Special Sign Permit" provision
of the ordinance more in line with the
ordinance as applied in specific zones.
3. Designation of thoS~ signs not presently
addressed in the ordi2~a~ce which may need
to be specifically prohibited.
4. Revision of definitions where needed.
With the application of the aforementioned
conditions, the Committee feels that removal
of legal, nonconforming signs requiring abate-
ment at the end of the amortization period will
be significantly less than under the ordinance
as presently written.
Staff requested time to draft the additions
and changes as stated in ordinance form for
presentation back to the Committee for their
study and recommendation.
This, with the time necessary for Council study
and action, will necessitate several months.
Bakersfield, California, December 1, 1982 - Page 11
The Committee, therefore, recommends acceptance
of this report and extension of the moratorium
on removal of certain signs to January l, 1984.
In the meantime, the Committee will return to
the Council with specific recommendations for
amending the Sign Ordinance.
Upon a motion by Councilman Ratty, Water and City Growth
Committee Report No. 9-82 regarding Sign Ordinance, was accepted;
and extension of the moratorium for removing certain signs to
January l, 1984, was approved.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2828 to 3048,
inclusive, in the amount of $1,669,191.24.
(b)
Claim for Persona] Injuries from Dawnette
K. Minor, Jennifer C. Minor and Elizabeth
D. Minor, surviving wife and children of
Jerry A. Minor, deceased, 836 South
O~eander Avenue, Bakersfield. (Refer to
City Attorney)
(c)
Claim for Damages from Edward M. Pasulka,
2328 Cedar Street, Bakersfield. (Refer
to City Attorney)
Storm Drain Easement from Covington
Brothers Technologies for completion o£
a portion o£ required improvements in the
Fairview Road Planned Drainage Area,
located north of Fairview Road, east of
South "H" Street.
(e)
Public Road Easements and Vehicular Access
Dedication from Tenneco Realty Development
Corporation providing public road ease-
ments for Mexicali Drive, Schirra Court,
District Boulevard and Ashe Road and
abandonment of vehicular access to a
portion of White Lane and Ashe Road, as
required by the Planning Commission for
Parcel Map No. 6170, located on south
side of White Lane between Ashe Road and
the Arvin-Edison Canal.
(f)
Road Easement from Tenneco Realty Develop-
ment Corporation for Kroll Way, as required
by the Planning Commission for Parcel Map
No. 6721, located south of Stockdale
Highway, west of Gosford Road.
(g)
Map of Tract No. 4395, Units "C" and "D",
and Improvement Agreements with U. S.
Home Corporation for construction of
improvements therein, located on the west
side of Dunsmuir Road and north o£
Business Center Drive.
Bakersfield, California, December l, 1982 - Page 12
(h)
Notice of Completion and Acceptance of
Work on Fire Department Training Class-
room at 2130 "G" Street, Contract No.
82-177 with Hooper Air Conditioning.
(i)
Notice of Completion and Acceptance of
Work on plans for Traffic Signal Systems
and Street Modifications on Auburn Street
and Oswell Street, Wilson Road and Real
Road, Stockdale Highway and California
Avenue, and California Avenue and Oak
Street, Contract No. 82-94 with Smith
Electric Supply.
(J)
Plans and Specifications for Traffic
Signal Systems and Modifications on "F"
Street at the intersections of 18th,
19th 21st and 30th Streets.
(k)
Request for Leave of Absence Without Pay
for Personnel Clerk Brenda Toney. Mrs.
Toney is presently on a 30-day Leave of
Absence Without Pay, which terminated
November 24, 1982, and she is requesting
an additional 30-day leave, which will
carry her through December 24, 1982.
(1)
Request from Pueblo De La Luna for ex-
tension of time to complete improvements
in Tract No. 4241, Agreement No. 80-193,
located south of Pacheco Road and west of
Wible Road. Completion date for this
Tract was December 1, 1982. The revised
completion date is December l, 1983.
(m)
Ditch Eradication Agreement and Pipeline
Easement with Cecil R. Hall. The agree-
ment will allow Mr. Hall, as landowner,
to convert a City operated open ditch to
covered pipeline. The City will grant to
Mr. Hall the existing easement, receiving
a pipeline and maintenance easement in
return.
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1) and (m) of 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 Barton, low bid of Granite
Construction Company, in the amount of $69,053, for resurfacing
portions of White Lane, Calcutta Street and Benton Street, was
accepted, the other bid rejected and the Mayor was authorized to
execute the contract.
Bakersfield, California, December 1, 1982 - Page 13
12.5
Upon a motion by Councilman Rockoff, bid of Broadbent
Corporation, in the amount of $5,885.12, for Traffic Recorders,
was accepted.
Upon a motion by Councilman Ratty, low bid of Floyd's
Stores, in the amount of $5,269.12, for Office Furniture for the
Personnel Department, was accepted and all other bids rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 2789 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of those certain properties
in the City of Bakersfield located
on the east side of Hughes Lane,
north of Fairview Road.
This amendment was initiated by the Planning Commission
and would change subject property from an "A" (Agricultural) Zone
to an R-1 (One Family Dwelling) Zone.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Strong, Negative Declaration
and Ordinance No. 2789 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of those certain properties in the City of Bakersfield located
on the east side of Hughes Lane, north of Fairview Road, finding
said zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes:
Councilmen Payne, Ratty, Rockoff, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
Adoption of Ordinance No. 2790 New
Series of the Council of the City of
Bakersfield changing the name of
Cooperwood Lane to Copperwood Lane.
Upon a motion by Councilman Christensen, Ordinance No.
2790 New Series of the Council of the City of Bakersfield changing
Bakersfield, California, December 1, 1982 - Page 14
the
following roll call vote:
name of Cooperwood Lane to Copperwood Lane, was adopted by the
Councilmen Payne, Ratty, Rockoff,
Christensen, Means
None
None
Ayes:
Noes:
Absent:
Strong, Barton,
Approval of Agreement between Santa
Fe Energy Company and City of Bakers-
field for Sante Fe to provide
electrical power to City at and for
Beardsicy Diversion Weir.
Pursuant to this agreement, City is permitted to tie
into electrical service available on Santa Fe Energy Company
property for the operation of the radial gates, weir lights and
telemetry at the Beardsicy Diversion Weir. This item was deferred
at the Council Meeting of October 6, 1982.
Upon a motion by Councilman Rockoff, Agreement between
Santa Fe Energy Company and City of Bakersfield for Santa Fe to
provide electrical power to City at and for BeardsIcy Diversion
Weir, was approved and the Mayor was authorized to execute same.
Approval of Agreement between Tenneco
West and City of Bakersfield per-
mitting City to construct underground
electrical conduit from existing
utility services to BeardsIcy and
Rocky Point Diversion Weirs and to
execute License Agreement with
respect thereto.
This agreement authorizes the City to lay electrical
lines across Tenneco West property from Chevron, U.S.A. facilities
to the Rocky Point Diversion Weir and from Santa Fe Energy Company
facilities to the Beardsicy Diversion Weir. This item was deferred
at the Council Meeting of October 6, 1982.
Upon a motion by Councilman Rockoff, Agreement between
Tenneco West and City of Bakersfield permitting City to construct
underground electrical conduit from existing utility services to
BeardsIcy and Rocky Point Diversion Weirs and to execute License
Agreement with respect thereto, was approved and the Mayor was
authorized to execute same.
Bakersfield, California, December 1, 1982 - Page 15
127
Approval of Agreement between Chevron,
U.S.A. and City of Bakersfield for
Chevron to provide electrical power
to City at and for Rocky Point
Diversion Weir.
Pursuant to this agreement, City is permitted to tie into
electrical service available on Chevron property for the operation
of the radial gates, weir lights and telemetry at the Rock Point
Diversion Weir. This item was deferred at the Council Meeting of
October 6, 1982.
Upon a motion by Councilman Christensen, Agreement
between Chevron, U.S.A. and City of Bakersfield for Chevron to
provide electrical power to City at and for Rocky Point Diversion
Weir, was approved and the Mayor was authorized to execute same.
NEW BUSINESS
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield commonly known as 107
and ll3 - 17th Street.
The application for this amendment was made by Frank W.
Kuest and would change subject properties from an R-4 (Limited
Multiple Family Dwelling) Zone to a C-2 (Commercial), or more
restrictive Zone.
The Planning Commission recommended approval of this
amendment.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of those certain properties in the
City of Bakersfield commonly known as 107 and ll3 - 17th Street.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield commonly known as 3317
thru 3413 Alum Avenue (odd only) and
3316 thru 3412 Adanac Court (even
only).
Bakersfield, California, December l, 1982 - Page
This amendment was initiated by the Planning Commission
and would change subject properties from an R-2-D (Limited Multiple
Family Dwelling - Architectural Design) Zone to an R-1 (One Family
Dwelling), or more restrictive Zone.
The Planning Commission recommended approval of this
amendment.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
by changing the Land Use Zoning of those certain properties in the
City of Bakersfield commonly known as 3317 thru 3412 Alum Avenue
(odd only) and 3316 thru 3412 Adanac Court (even only).
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Title
17 of the Municipal Code changing
the Land Use Zoning of those certain
properties in the City of Bakersfield,
located north of Sage Drive between
South Half Moon Drive on the west and
Wilson Road on the east, and making
findings in connection with a P.U.D.
Zone.
The application for this amendment was made by U. S.
Home Corporation and would change subject properties from a P.U.D.
(Planned Unit Development) Zone to a Revised P.U.D. (Planned Unit
Development) Zone, consisting of
division.
The Planning Commission
37 lots of a revised 97 lot sub-
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
those certain properties in the City of Bakersfield, located north
of Sage Drive between South Half Moon Drive on the west and Wilson
Road on the east, and making findings in connection with a P.U.D.
Zone.
Bakersfield, California, December l, 1982 - Page 17
129
Approval of Extended Agreement between
the City of Bakersfield and Ticketron
for the Civic Auditorium Box Office.
This agreement is for the period of January 1, 1983,
through December 31, 1983, for the Civic Auditorium Box Office to
continue as a Ticketton outlet.
Upon a motion by Councilman Payne, Extended Agreement
between the City of Bakersfield and Ticketron for the Civic
Auditorium Box Office, was approved and the Mayor was authorized
to execute same.
CLOSED SESSION
Upon a motion by Councilman Christensen, the Council
recessed to a Closed Session at 9:00 P.M. to discuss litigation.
The regular meeting was reconvened at 9:15 P.M.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 9:15 P.M.
ATTEST:
CITY CLERK And ~x Officio Clerk of the Council
of the City of/Bakersfield, California
ma
Calif.
Bakersfield, California, December 7, 1~82
Minutes of a special meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 5:00 P.)~., December 7, 1982.
The meeting was called to order by Mayor
by the Pledge of Allegiance.
Present:
Absent:
Shell, followed
The City Clerk called the roll as follows:
Mayor ~hell. Councilmen Ratty, Strong, Barton,
Christensen, Means, Payne
Councilman Rockoff
REPORT
Vice-President of Barton-Aschman
Mr. Robert Scales,
Associates, Inc., Consultants for the proposed downtown transit
facility, submitted a report evaluating the block bordered by
19th, 20th, "K" and "L" Streets for a downtown transit facility
for Golden Empire Transit District. The block in question woula
be a feasible location for an off-street transit facility, subject
to actions that would have to be taken by the Council. In his
opinion the development of a transit facility on this site is not
the best location for the City of Bakersfield or G.E.T. This
evaluation was started by looking at what would be possible for
the design of such a facility on that block. ~r. Scales distributed
photo copies of a transit facility located in Buffalo, New York,
and stated the design of that facility is similar to the one
included in their memorandum. The basic concept is that buses
would utilize a central concourse that allows transfers, a passenger
waiting area and other amenities. The buses pull into berths on
both sides of the facility and back out. The facility is of a
light airy design, rather than one beneath some other type of land
use. It would functionally meet G.E.T.'s needs, as well as the Kern
County paratransit operators. This facility would meet the
requirements, as well as other alternatives. It would perform
equally with the one proposed for 21st Street and Chester Avenue.
It would be closer to the center of downtown and, consequently,
Bakersfield, California, December 7, 1982 - Page 2
slightly more accessible than the 21st Street and Chester Avenue
alternative. However, it would be slightly less accessible than
either the do nothing or the Chester Avenue Transit Way alternatives.
It would have expansion capabilities for future needs. The bus
circulation would be only slightly worse than the 21st Street and
Chester Avenue or the Chester Avenue Transit Way alternatives.
Automobile circulation would be slightly worse than the 21st Street
and Chester Avenue alternative, and substantially better than the
Chester Avenue Transit Way, because it would be less disruptive.
The 19th and "K" Streets site would result in the loss of approxi-
mately 115 parking spaces and under 30 spaces would be lost on
either of the other two alternatives. The land acquisition cost
for the 19th and "K" Streets site was substantially less (slightly
over ~l,000,000 less), than the 21st Street and Chester Avenue site.
The total cost of developing a facility at any of the three alter-
natives was approximately the same.
Bus operating costs are of major concern to G.E.T.,
because they have a statutory requirement to meet; a particular
ratio of their operating expense through passenger revenues. It
was found the construction of a terminal would be more expensive
than an improved sidewalk environment on Chester Avenue or a park.
The difference in cost for annual maintenance and operating would
be $30,000 for the building and energy consumption.
By providing a joint development or building something
above the terminal, it was found the Chester Avenue Transit Way,
with an off-street component (waiting room, information center
and concessions), had the strongest potential for attracting con-
cession revenues, because it would be the most centrally located
and highly visible in the downtown area. The ability of the other
two off-street locations to attract concessions are about equal.
It would probably be easier to attract air rights development at
the 21st Street and Chester Avenue site, because it is a more
valuable parcel of property and more visible to a greater number
of people.
Bakersfield, California, December 7, 1982 - Page 3
Downtown redevelopment was
the creation of an on or off-street site would have, and there
pros and cons to each alternative. This was discussed with a
number of realtors, developers and architects and they felt a
transfer facility at 19th and "K" Streets would be counterpro-
ductive to attracting high quality office space to that area. They
feel the creation of an off-street facility at 21st Street and
Chester Avenue would have a negative impact on future plans for a
retail center in that area. The Chester Avenue Transit Way, even
though it has received a lot of negative response, with street
scape improvements, would have a positive impact on retail sales
and downtown development. It is Barton-Aschman's opinion that the
Chester Avenue Transit Way will have the only positive impact.
One of the key issues is patron safety and security and
this is confined mostly to the 19th and "K" Streets site. Due to
its location near undesirable land uses there has been concerns
expressed £or the G.E.T. passengers, should a terminal be con-
structed at that location. A survey of the riders indicated they
would be strongly opposed to any location near the corner of 20th
and 19th Streets. The issue of patron safety and security is not
necessarily one of actual fact, but more of perceived safety and
security. The majority of G.E.T.'s passengers are female, elderly
or physically handicapped and they are more concerned with safety
and security than able-bodied men, and for that reason it becomes
a real issue. If people do not ride the buses for this reason
G.E.T. will lose revenue. If the blocks adjacent to 19th and "K"
Streets were redeveloped or purchased by the City or something
happen to increase the visibility of the area to attract more foot
and vehicle traffic, it would solve some of the problems.
There seems to be some sincere opposition between the
Council and G.E.T. to both the 19th and "K" Streets and 21st Street
and Chester Avenue sites and lukewarm acceptance of the Chester
Avenue Transit Way as a middle ground.
looked into, and what impact
are
Bakersfield, California, December 7, 1982 - Page 4
It is recommended by Barton-Aschman that the development
of a transit facility on the block bordered by 19th, 20th, "K" and
"L" Streets is feasible, if the Council can alleviate G.E.T.'s
concern over patron safety and security and the ~visibility of the
site can be enhanced. This may be accomplished by the City
purchasing the property, businesses occupying those blocks are
relocated and they are redeveloped with high density retail
commercial or office land uses. Relocation of G.E.T.'s transfer
point to an off-street location will not remove the "element" from
19th Street and Chester Avenue. Adjacent downtown business will
not significantly benefit from moving this trans£er location. The
technical staff involved with this project, both with Barton-
Aschman and all public agencies, have favored a Chester Avenue
Transit Way as the best solution from a transportation need and
downtown benefit perspective. Lastly, failing an agreement on one
of the building alternatives, a low cost on-street alternative on
Chester Avenue, lengthening the bus stop areas, operational
modifications, enhancing maintenance, some minor passenger amenities,
off-street waiting area and driver relief station, would be the
next best solution.
Mr. Larry Woodson, Transportation Chairman of the Local
Chapter of the California Association of Physically Handicapped,
requested that the following items be considered with regards to
location and construction of a terminal or transfer point:
1. An enclosed facility for climate control
where elderly and handicapped persons can
wait for buses.
2.A totally accessible facility containing
restrooms, doors and curb cuts.
3. The location should be somewhere between
18th and 21st Streets on Chester Avenue
or nearby.
Councilman Ratty stated unless the Council and G.E.T.
can come to some agreement on an off-street site, the Chester
Avenue Transit Way seems to offer the best alternative for the
1.54
Bakersfield, California, December 7, 1982 - Page 5
transit patron. It also seems to be the best alternative for
downtown redevelopment. A lot of the input received seems to
favor the Chester Avenue Transit Way. If the 19th and "K" Street~
site is not available, it is hoped the Council will vote to select
the transit way, because it is better than a do nothing situation.
With all of Barton-Aschman's expertise they would not have recom-
mended the transit way if it was going to be a disaster for the
City of Bakersfield.
Councilman Means stated he was originally for the 19th
and "K" Streets site, however, the Council should remember they
hired Barton-Aschman to analyze that site and that has been done.
The consultant has stated the Chester Avenue ?ransit Way is the
most desirable location and the Council should listen to what has
been recommended and not insist on going with what they wanted in
the first place. Councilman Means indicated he think Mr. Scales
is right and the Chester Avenue Transit Way is a better alternatiw~
for numerous reasons. Improving the downtown area is his number
one concern and the transit way is the only alternative that is
going to accomplish that.
Councilman Payne stated the Council does not know when
property surrounding the transit facility will be developed. They
cannot make a commitment to G.E.T., if the 19th and "K" Streets
site is selected, that surrounding redevelopment will occur in a
certain period of time. G.E.T. should realize, after 5 or 6 years,
that building a transit facility or redeveloping downtown is not
an easy thing to accomplish. Councilman Payne stated he appreciates
the comments made by Councilman Means, but he still prefers the
19th and "K" Streets site. Under no circumstances will he support
the 21st Street and Chester Avenue site. It is not viable,
feasible or realistic and he will not vote against the Toy Circus,
which is the business at that location. He is not 100% opposed to
the Chester Avenue Transit Way, although, he is supportive of it,
because it does not have the desirable characteristics of the 19th
and "K" Streets site.
Bakersfield, California, December 7, 1982 - Page 6
1.q5
In answer to a question by Councilman Payne, Robert
Scales stated the budget for land acquisition and construction
includes the cost of an off-street facility in conjunction with
the Chester Avenue Transit Way.
Mr. Don Franklin, G.E.T. Board Member, also answering
a question by Councilman Payne, stated, yes, a store front with
amenities and facilities would be a vital part of the Chester
Avenue Transit Way.
In answer to a question by Councilman Christensen, Robert
Scales stated, as part of the Chester Avenue Transit Way, an
existing building between 19th and 21st Streets containing 5,000
to 7,500 square feet would be purchased by G.E.T. and renovated
for use as an off-street component to provide restrooms and
conditioned waiting space.
Councilman Christensen stated he definitely favors the
19th and "K" Streets site and does not favor destroying Chester
Avenue, the only north-south artery in the City. He does not feel
that narrowing Chester Avenue and having buses on it will improve
the downtown area. He is very opposed to the 21st Street and
Chester Avenue site, because it will destroy a downtown business.
Councilman Barton stated he has serious reservations about
a transit mall on Chester Avenue, because it will do nothing more
than spread out the problem that now exists downtown. He does not
have a problem with the buses traveling up and down Chester Avenue
to load and unload passengers, but as a bus parking yard he is
definitely opposed to it.
Robert Scales stated he agrees with Councilman Barton,
the buses currently spend too much time parked in the downtown
area. They should spend more of their time out on the route pro-
viding service to residents. He has urged, and has gotten positive
reaction to, the concept of limiting the amount of time buses spend
in the downtown area to a maximum of 5 minutes. There is presently
Bakersfield, California, December 7, 1982 - Page 7
a problem with this in the downtown area and it will have to be
corrected for the Chester Avenue Transit Way to be an acceptable
alternative. As a conditional acceptance of this alternative the
Council could stipulate that it is the long-range intention, as
frequencies increase, to investigate the possibility of passing
through the downtown area as opposed to sitting in it for over
5 minutes.
In answer to a question by Councilman Payne, Robert
Scales stated after the Urban Mass Transit Association (U.M.T.A.),
approvesthe grant application it will probably take approximately
two years to complete either an on or off-street facility.
Mayor Shell declared a brief recess at 6:35 P.M. and
reconvened the meeting at 6:45 P.M.
Councilman Payne asked, regardless of what alternative
the G.E.T. Board or Council votes for tonight, would the City be
financially obligated, in anyway shape or form, if there are
insufficient grant funds to complete the project; and if there are
other sources of funds to complete the project so the City would
not wind up with a partially completed project.
Robert Scales stated, in his opinion, there are other
sources of funds and he feels the City would not be financially
obligated to the project.
In answer to a question by Councilman Strong, Robert
Scales stated the submission of a grant application to U.M.T.A.
does not require Council concurrence, however, it would certainly
be beneficial in order to be favorably received and acted on,
particularly since the only thing that has been holding it up is
an agreement between the Council and G.E.T. on what type of facility
and where it will be constructed.
In answer to a question by Councilman Strong, Robert
Scales stated he talked to four of the five G.E.T. Board Members
today, and there is probably an 80% chance, unless given some action
Bakersfield, California, December 7, 1982 - Page 8
1.q7
or comment from the Council, that they will proceed, this evening,
with acceptance of Barton-Aschman's draft o£ the capital grant
application for the 21st Street and Chester Avenue site.
Councilman Strong stated he would like to receive input
from the people who will be affected by this project when con-
struction starts. The Council cannot receive the input because
no specifics are available to give to the public. It seems that
U.M.T.A., knowing all the problem areas, could respond in some way
in order to give the Council a better sense of direction.
Councilman Strong stated his concerns have not been satisfied
to the point that he feels that the Council will be serving any
purpose in taking a position before G.E.T. takes a position on
this matter. He does not know the reason the submission of the
application to U.M.T.A. for the grant could not include an alter-
native to be decided at a later time, once it is ascertained that
it will be approved contingent upon other things being done.
Robert Scales stated if the past 2½ years had not
transpired the Council would probably have had a better case for
that approach, however, the State and Federal Governments are wel~
aware of the debate that has gone
community can make up their minds
will be received, unless the City
back and forth, and until this
no consideration of this grant
has friends in very high places.
Councilman Payne qualified his vote by stating he is
going to support the 19th and "K" Streets site and will also support
the transit way as a second choice. When voting for the transit
way on Chester Avenue, it will only be if there is no possibility
of getting the site at 19th and "K" Streets and it includes a store
front facility to accommodate and shelter the handicapped, elderly
and other passengers.
Councilman Ratty made a motion that the Council go on
record in opposition to the 21st Street and Chester Avenue site.
Bakersfield, California, December 7, 1982 - Page 9
This motion
Ayes:
Noes:
Absent:
carried by the following roll call vote:
Councilmen Ratty, Strong, Barton, Christensen,
Payne
None
Councilman Rockoff
Councilman Ratty made a motion that the
record in favor of the 19th and "K" Streets site.
carried by the following roll call vote:
Ayes:
Noes:
Absent:
Means,
Council go on
This motion
Councilmen Strong, Barton, Christensen, Means, Payne
Councilman Ratty
Councilman Rockoff
Councilman Ratty made a motion that the Council go on
"K" Street from 17th to 21st Streets.
Upon a motion by Councilman Strong,
Means and Ratty were authorized to appear at
Councilmen Barton,
tonight's G.E.T.
record supporting the Chester Avenue Transit Way as a secondary
position to the 19th and "K" Streets site, with the provision that
it include a store front facility to accommodate and shelter the
handicapped, elderly and other passengers. This motion carried
by the following roll call vote:
Ayes: Councilmen Ratty, Means, Payne, Mayor Shell
Noes: Councilmen Strong, Barton, Christensen
Absent: Councilman Rockoff
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, ~ayor Shell voted Aye.
Councilman Barton clarified his votes by stating he feels
the Council should definitely do something for the bus riders, such
as, a terminal building at 19th and "K" Streets and he will work
with G.E.T. to help mitigate the revenue and security problems they
perceive at that location. He is definitely opposed to the 21st
Street and Chester Avenue site. If the City has to have a transit
mall strictly for buses, he would like the consultant to consider
Bakersfield, California, December 7, 1982 - Page 10
Board Meeting to express the opinions of the Council regarding a
downtown transit facility.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the special
meeting was adjourned at 7:15 P.M.
ATTEST:
~OR o~ ~ City ~f Bakersfield, Calif.
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, Cali£ornia
ma
140
Bakersfield, California, December 8, 1982
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 P.M., December 8, 1982.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Reverend Larry
Chapman of the First Assembly of God Church.
The Ci~'y Clerk ca~led the roll as follows:
Present: Mayor Shell. Councilmen Rockoff
Christensen, Means
Absent: None
Strong, Barton,
Payne, Ratty
Minutes of the joint public hearing of November 16, 1982,
regular meeting of November 17, 1982, and special meeting of
November 22, 1982, were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Peter Burr, 5804 Cochran Drive, representing a group
of concerned parents and the Southwest Dance Theater, requested
that the $500.00 fee charged by the Civic Auditorium for video
taping the Nutcracker Ballet sponsored by the Bakersfield Symphony
Orchestra and Southwest Dance Theater be waived. The parents
would like to video tape the performance of their children in
order to preserve the occasion for posterity and the ballet company
would like to use it as a learning tool for their students. They
are not going to sell the tapes or use them for television broad-
casting and they would be willing to sign a waiver to that effect.
Auditorium-Recreation Manager Graviss stated the policy
of charging for video taping events at the Civic Auditorium came
before the Auditorium-Recreation Committee and he was instructed
to follow the policy he had established. Last week the "Messiah"
was performed under the same circumstances as this event and they
paid the fee. This fee is a hard item to collect, because it
presents real difficult problems. If it is waived for one it
should be waived for everyone and there are a lot of production
companies making a lot of money from the tapes. Mr. Graviss stated
Bakersfield, California, December 8, 1982 - Page 2
141
it was not an arbitrary decision by him, he is just following the
Council's instructions.
After considerable discussion, Councilman Payne made a
motion that the policy of charging for video taping events at the
Civic Auditorium be rescinded for nonprofit and charitable organi-
zations and remain in effect for all other entities until reviewed
by the Auditorium-Recreation Committee; and fees charged for the
Nutcracker Ballet and Messiah are to be refunded. This motion
carried by the following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
Noes: None
Absent: None
CORRESPONDENCE
Upon a motion by Councilman Strong, communication from
Ward & Delmarter on behalf of San Dimas Properties, dated
Rickett,
December 3, 1982, requesting a General Plan Amendment for property
located north of 34th Street, between the Kern Island Canal and
Eastside Canal, was received and referred to the Planning Com-
mission for study and recommendation.
Upon a motion by Councilman Rockoff, communication from
John R. Pulskamp, M.D., Inc., 3940 San Dimas Street, dated December
3, 1982, regarding sloppy workmanship by Cox Cable TV at his home,
was received and referred to staff.
Councilman Christensen requested that the staff do some-
thing about the cable television situation, because it has gotten
to the point where Councilmen are being harassed with phone calls,
complaints, etc.
Upon a motion by Councilman Payne, communication from
Mrs. Walt Cribbs, 1905 Montgomery Avenue, dated December 7, 1982,
regarding a bill she received from Golden Empire Ambulance, was
received and referred to the Police Department.
Bakersfield, California, December 8, 1982 - Page 3
Upon a motion by Councilman Means, communication from
Colbek Development Corporation, dated December 6, 1982, requesting
an amendment to Section 17.08.170 Subsection A of the Municipal
Code regarding side yard encroachments, was received and referred
to the Planning Commission for study and recommendation.
COUNCIL STATEMENTS
Councilman Barton stated the Council received a report
from Police Chief Price to City Manager Kelmar regarding Golden
Empire Ambulance service and asked what the next step would be.
City Attorney Oberholzer stated the Municipal Code
stipulates the City Manager has the responsibility of enforcing
the provisions. The enforcement can include suspension or revoca-
tion of the certificate for an ambulance service in the City of
Bakersfield. It can only be suspended or revoked after a hearing
before the City Manager with l0 days notice to the ambulance
company. That decision can be appealed to the City Council. The
Council should take no action at this time.
Upon a motion by Councilman Barton, Item 3 in the report
from the Police Chief suggesting that the Council establish an
equitable rate schedule for special ambulance services not covered.
by the ordinance, was referred to the Business Development and
Parking Committee.
Upon a motion by Councilman Payne, City Attorney Richard
Oberholzer was reappointed to the Board of Zoning Adjustment and
Assistant City Attorney Art Saalfield was reappointed as the City
Attorney's alternate to the Board of Zoning Adjustment, terms
expiring December l, 1985.
Councilman Payne announced that he intends to nominate
Mr. Tony Cueto as his appointee to the Historic Preservation
Commission at the next Council Meeting.
Councilman Means stated at last night's Golden Empire
Transit District Board Meeting he tried to convey the feelings
and concerns of the Council on the proposed downtown transit facility
Bakersfield, California, December 8, 1982 - Page 4
143
and told them he hoped they would meet with the Council and solicit
their support. The reception he received was rude, inconsistent,
insensitive and selfish. After he made his presentation a member
of the Board stated they were going to proceed with the 21st Street
and Chester Avenue application, but were willing to talk to the
Council in the next couple of weeks. Councilman Means stated he
feels they do not care what the Council has to offer and they are
going to proceed as they have been. When the motion was made to
proceed with the application he requested to address them before
they voted and was told they do not take public input before voting.
Councilman Means stated if the G.E.T. Board members were elected
maybe they would be more receptive to public input and asked the
City Attorney how this could be accomplished.
City Attorney Oberholzer stated the Bakersfield Metropoli-
tan Transit District Act is a State Law and that particular law
sets out the method of appointment o£ the Board of Directors. It
would require a change in the law to elect the members. Appoint-
ments of Board Members are made by the Board of Supervisors and
City Council, who have the right to remove any member at anytime
without cause.
Councilman Means stated he informed the G.E.T. Board that
at this point, if they were not willing to consider public and
Council input and steadfastly continued with the 21st Street and
Chester Avenue site he would not support the Chester Avenue Transit
Way and that is still his position tonight. The only way he will
change his mind is if the G.E.T. Board will meet with the Council,
withdraw their application for the 21st Street and Chester Avenue
site and change their rule excluding public input
Councilman Ratty reporting on the G.E.T.
stated, the motion was to continue the process of
application for the 21st Street and Chester Avenue site,
Board Member who can, between now and the next meeting,
before voting.
Board Meeting
filing a Federal
every
visit the
144
Bakersfield, California, December 8, 1982 - Page 5
transit way in Salt Lake City and the G.E.T. Board and sta£f
members work with the Council and City staff to further investigate
the transit way alternative. The G.E.T. Board has indicated the
transit way is still open. They feel the transit way is the
alternative to the 21st Street and Chester Avenue site and,
basically, rejected the 19th and "K" Streets site. They were
deeply concerned because the Council would not get behind an
alternate transit way motion. They feel like they were being boxed
in and they have not taken this task lightly. The G.E.T. Board
also felt the Council should visit the Salt Lake City Transit Way
and come back to them within two weeks with some direction as to
which alternative they want.
City Manager Kelmar stated he felt there was a willingness
on the G.E.T. Board to modify their positions or consider the transit
way alternative, if the Council is so inclined. They feel they
need to have some type of support from the Council for that alter-
native. The Council is urged to visit the Salt Lake City site,
because it is, apparently, clasely aligned to the City of Bakersfield's
situation. The G.E.T. Board has indicated a willingness to hold
up the filing of the application for a couple of weeks in order to
give the Council the opportunity to view Salt Lake City's Transit
Mall and possibly reconsider their position.
Councilman Ratty announced he intends to make a motion,
at the first meeting in January, 1983, to reappoint Mr. Kenneth
Vetter to the Police Department Civil Service Board.
Mayor Shell announced that she intends to submit Mr.
Christopher D. Brewer's name as her appointment to the Historic
Preservation Commission at the next Council Meeting.
REPORTS
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 34-82 regarding Development Fee
Schedule, as follows:
Bakersfield, California, December 8, 1982 - Page 6
14.5
On October 8, 1982, the Budget Review and
Finance Committee met regarding the City's
Development Fee Schedule. The Schedule consists
of fees representing costs to the City for
processing certain permits, applications and
reviews relating to building improvements and
development of properties in the City.
Under direction by the Committee, staff prepared
an updated Fee Schedule based on actual cost for
each type of permit application or review. The
Committee further directed staff to contact
each organization representing property develop-
ment related fields and professions and give
each o£ them an opportunity to respond to the
proposed Fee Schedule.
There have been several questions but no negative
responses since the information was mailed on
October llth.
The Committee, therefore, recommends acceptance
of this report and adopted o£ the Development
Fee Schedule Resolution.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 34-82 regarding ~evelopment Fee
Schedule, was accepted.
Adoption of Resolution No. 132-82 of
the Council of the City of Bakers-
field revising Planning, Zoning,
Development and related Processing
Fees.
Upon a motion by Councilman Rockof£, Resolution No.
132-82 o£ the Council of the City of Bakersfield revising Planning,
Zoning, Development and related Processing Fees, was adopted by the
following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
Noes: None
Absent: None
DEFERRED BUSINESS
Adoption of Ordinance No. 2791 New
Series of the Council of the City of
Bakersfield amending Chapter 2.72 of
Title 2 of the Bakersfield Municipal
Code relating to appointment of
relatives of City Council, Boards,
Commissions and Employees.
Upon a motion by Councilman Means, Ordinance No. 2791
New Series of the Council of the City of Bakersfield amending
14fi
Bakersfield, California, December 8, 1982 - Page 7
Chapter 2.72 of Title 2 of the Bakersfield Municipal Code relating
to appointment of relatives of City Council, Boards, Commissions
and Employees, was adopted by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Payne,
Ratty
Noes: Councilman Rockoff
Absent: None
This
on an Appeal by Kathy Garner-Dunne to the decision of the Board of
Zoning Adjustment denying an application for a Conditional Use
Permit requested by J. B. Garner to allow a single family dwelling
in an M-1 (Light Manufacturing) Zone, on that certain property
located at 326 - 21st Street.
This hearing has been duly advertised and the property
owners notified as required by law.
Letters requesting that the Conditional Use Permit be
granted were received from the following persons:
1. J. E. Chandler and M. V. Hale, owners of
Bakersfield Hydraulic Jack Company, 408 -
21st Street.
2. Edna J. Wood, 8500 Kern Canyon Road, #33.
3. Robert Phares, Secretary/Treasurer of
B. S. & E. Co., Inc., 417 Kentucky Street.
4. George Xezonatos, President of Vest Drug,
Inc., 1831 Chester Avenue.
5. Preste J. Lencioni, 4117 Glenbrook Avenue.
6. Myra M. Pearson, P.O. Box 808, Bakersfield.
7. Don Rodewald, Bakersfield College News, 1801
Panorama Drive.
8. Vincent E. Barry, Professor of Philosophy,
Bakersfield College.
9. Jesse J. Bradford, Professor, Bakersfield
College.
Mayor Shell declared the hearing open for public partici-
pation.
BEARINGS
is the time set for public hearing before the Council
Bakersfield, California, December 8, 1982 - Page 8
147
years
home.
Kathy Garner-Dunne presented a letter in favor of granting
the Conditional Use Permit from Curt Carter, Contractor and
Developer, 5809 Carter Avenue, Bakersfield. Mrs. Garner-Dunne
stated she filed the appeal on behal£ o£ her parents J. B. & Mary
Garner and presented a video tape of the arson fire that destroyed
their home and possessions on July 4, 1982. On November 12, 1982,
the Board o~ Zoning Adjustment denied the Conditional Use Permit,
thereby, denying her parents the right to live on their property
where their home was located for almost 50 years. Mrs. Garner-
Dunne requested that the Council grant her parents the right to
reestablish a home on their property.
Mr. Myron Hale, Bakersfield Hydraulic Jack Company,
stated they have been neighbors of the Garner's for almost 20
and requested that the Council allow them to rebuild their
Mr. Bill Asserson, friend of Mr. Garner, stated the area
surrounding the Garner home has changed over the years and due to
an act of tragedy, for which he had no control, they lost every-
thing. Mr. Asserson requested that the Council grant the Garner's
the right to rebuild their home.
Mr. Bob Kendarian, former employee of a business next
door to the Garner's residence, stated Mr. Garner helped them and
other surrounding businesses and urged the Council to vote in favor
of the Conditional Use Permit that would allow them to rebuild
their home.
Mrs. Beverly Slick Asserson stated the Garner's have
su£fered a horrible trauma and requested that the Council grant
them the right to rebuild their home.
No protests or objections being received and no one else
wishing to speak in favor, Mayor Shell closed the public port/on of
the hearing for Council deliberation and action.
Councilman Rockoff stated this situation is an involuntary
conversion of property and normally the intent is to put people back
148
Bakersfield, California, December 8, 1982 - Page 9
in the position they were before the event took place and that is
what the proponents are trying to do. In this particular case he
would certainly want to put the people back in the place they were
prior to the tragedy. The Board of Zoning Adjustment made the
proper decision in accordance with the law. It is unfortunate
it required an appeal to the Council, but the Board of Zoning
Adjustment had to follow the laws.
Upon a motion by Councilman Christensen, Zoning
Resolution No. 295 of the Council of the City of Bakersfield up-
holding the appeal by J. B. Garner and granting a Conditional Use
Permit to allow a single family dwelling on that certain property
commonly known as 326 21st Street, was adopted by the following
roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
Noes: None
Absent: None
Mayor Shell declared a brief recess at 8:25 P.M. and
reconvened the meeting at 8:35 P.M.
This is the time set for 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
maximums, and would make procedural changes relating to issuance
of licenses, permits and appeals from revocations of permits.
This hearing has been duly advertised, posted and copies
of the proposed changes, fees and rules were sent to all alarm
companies operating within the City of Bakersfield, as well as
any interested businesses or residents.
A letter was received from the Salvation Army expressing
opposition to the proposed Alarm Ordinance.
Police Chief Price outlined the different types of alarms
and the history of the City's Alarm Ordinance, and stated the proposed
Bakers£ield, California, December 8, 1982 - Page
149
ordinance is an effort to solve a problem with false alarms that
has existed in the City for a number of years and is not a personal
attack on the alarm industry, company or individual. The response
to a fire alarm is one of the most expensive due to the amount of
equipment and manpower needed, and the Fire Chief has indicated the
fee in the new schedule for false fire alarms will be $129.00. The
present ordinance was an effort to make the alarm companies
primarily responsible for enforcement and monitoring their own
false alarms. Some companies attempted to solve or lower the
number of false alarms. The State has pre-empted much of the City's
old ordinance control on companies and agents. Chief Price quoted
some statistics on the City's false alarm rate since 1977. The
cost to the City in 1981 for responding to £alse alarms was
approximately $156,000. The first ten months of 1982 has already
cost the City about $159,000. The new ordinance leaves the
regulation of the alarm companies and stations to State Law. The
only regulation they will have is, if they violate some other pro-
vision of the ordinance and will be required to obtain a license
and pay a fee. The only regulation the City will have on stations,
is that, only UL approved central stations will have a direct line
to the Police Department. The ordinance will require all users to
register their alarm with the City and pay a fee. If a user has
over four false alarms in a 12 month period they will have to pay
the actual cost of each response, whether it is the Police or Fire
Departments. The cost of the response is about $42.00 for the
Police Department and $129.00 for the Fire Department, per false
alarm. If there is an unusual circumstance, such as high wind,
earthquake, etc., that cannot be explained, but is evident, the
fee will not be charged as a false alarm. After l0 false alarms
in one year the permit can be revoked. The number of alarms being
installed will only increase and it is important that the City do
something to lower the false alarm rate.
Bakersfield, California, December 8, 1982 - Page
City Attorney Oberholzer clarified some of the changes
in the Alarm Ordinance by stating the new provision with respect to
posting the premises now reads, "The alarm owner or user shall
post a Permit Number at the front of the business or residence
and post the address of the premise at every street or alley
entrance to the property." A person who operates a multiple alarm
system may obtain one permit for all systems or separate permits
for each one. The number of false alarms will be computed against
each permit. If a person has two alarm systems and takes out
separate permits, the false alarms will be computed against each
system that malfunctions or a false alarm is sent out. The Police
Department may refuse to respond to alarms after the Chief of
Police has made a determination and while an appeal is pending.
Mayor Shell declared the hearing open for public partici-
pation.
Marian Locker stated she has an alarm in her home, like
many single persons who need this protection, and cited the cost
involved with having this system. She requested that the Council
consider the cost to individuals who are not wealthy that feel
they need the protection an electronic system offers.
Mr. Doug Lovegreen, owner and operator of Imperial Alarm
Company, stated they have been doing business in the City of Bakers-
field for the last 15 years. He was involved in the process of
drafting the original ordinance in 1977 and the industry has taken
a lot of measures in the last 5 years to reduce the number of fals.e
alarms. They feel there has been a 15-25% reduction in false alarms
per number of systems. They do not have access to the exact number
of false alarms or where they come from. They can account for
150-200 alarms per year, but do not know where the other 3,455
alarms are coming from. The alarm industry did not understand
that they were suppose to completely enforce the ordinance that
was adopted 5 years ago. The cities who have adopted a fining
Bakersfield, California, December 8, 1982 - Page 12
program have not been successful with it. He does not feel the
proper approach to controlling the false alarms is the fining
program. The two issues they agree with is fees for permits and
changing the permit issuing authority to the City. They do not
feel people should have to pay the $25.00 fee for setup or change,
the permit should be transferred. The permits that were printed
years ago, that are still being used, are inadequate. They should
be printed without a number or code and be available at the Finance
Department so the subscriber could fill it out and pay the fee at
that time. The permits for a commercial alarm company or residential
or privately owned areas should be numbered differently. Their
association would like to establish a False Alarm Control Board
with a member from each licensed alarm company, private citizens
and Police Department to meet once each month to improve conditions
and exchange information. They feel the confidentiality clause in
the ordinance should only cover the permits and information on the
permits, but the false alarm records should be open to the public.
They cannot obtain this information and, there£ore, cannot deter-
mine where the false alarms are coming from. Some cities feel the
cost of enforcing the fining program is greater than the revenues
from that program.
Mr. John Robinson, representing the Bakersfield Association
of Retarded Citizens, stated they are opposed to the section of
the ordinance that fines the customer after 4 false alarms, because
they do not own or service their alarm. They feel the customer
should not be charged for faulty equipment, which they have no
control over.
In answer to a question by Councilman Strong, City
Attorney Oberholzer stated he recommends that the wording in
Section 5.08.170 be changed from "each successive false alarm" to
"each subsequent false alarm."
Councilman Strong stated most people who contract to
have an alarm installed know very little about the quality of that
1.59
Bakersfield, California, December 8, 1982 - Page 13
equipment and it seems unfair to saddle them with a fee each time
it fails. He feels the responsibility should be placed on the
commercial company to be sure the equipment is installed properly.
There should be something in the ordinance which would encourage
people to change to a better system if the one they have is
causing false alarms by virtue of the installation or faulty equip-
ment. It seems somewhat inhibitive if they have to pay a renewa~
fee each time they change alarm companies and apply for a permit.
Mr. John Delmerico, General Manager of Bakersfield
Alarmex, stated they are not totally against an ordinance, but
recommended a nonresponse ordinance in lieu of one that is
financially punitive. Fresno County has a nonresponsive ordinance
that is working very well. They have some concerns regarding the
time it will take to obtain a permit, because it states no permit
shall be issued without the approval of the Chief of Police or his
representative. If a person wanted to install an alarm system in
one day it could not be done, because
They would also like the ordinance to
denial of a permit. Section 5.08.080
they have to obtain a permit.
contain a list of causes for
states "The Chief of Police
of the City shall have the authority to prescribe rules and
regulations consistent with the provisions of this Chapter and to
implement and enforce this ordinance. The subjects covered by
such rules and regulations may include, but are not limited to,
the following:" He asked if the wording "not limited to" means
that sometime in the future things can be added.
Chief Price stated the reasons for suspension or
revocation would be reasons for refusal of a permit. The only
reason a permit would be refused is if they are in violation of
this chapter. If a new alarm user came in there is no way a permit
could be refused, unless it was a user whose permit had been
revoked and was reapplying and the Police Department was not
satisfied the situation that cause the problem had been corrected.
Bakersfield, California, December 8, 1982 - Page 14
153
There is an appeal process if a permit is refused or revoked. In
regards to the time element for obtaining a permit, the Police
Department does not intend to inspect every alarm that is installed.
The Police Department does not have the expertise to determine if
it is installed correctly or not. The only inspection would be to
see that the property is properly posted, etc. It is not intended
to delay the issuance of a permit. The wording "not limited to"
in Section 5.08.080 of the ordinance contains another sentence
that states "These rules and regulations will be subject to approval
by resolution of the City Council." The Police Chief cannot issue
new rules, they must be approved by the Council.
Mr. Delmerico asked for an explanation of the wording
"The Chief of Police of the City shall have the authority to pre-
scribe rules and regulations consistent with the provision of this
Chapter and to implement and enforce this ordinance."
Police Chief Price stated the Council received a list of
supplemental rules and regulations, which are primarily the same as
the ones now being enforced and this is what the wording means. At
the time the ordinance is acted upon the Council will also be
requested to approve those rules and regulations.
Mr. Delmerico expressed some concern regarding the fact
that some buildings are required to have a fire alarm, but will be
fined if it goes off. The City should look at the cost of adminis-
tering the collecting of fines and fees, because it may outweigh
incoming revenues.
City Manager Kelmar stated if the Council adopts the
ordinance it will take 30 days to become effective and at that
time a resolution setting the fees will be presented for considera--
tion. It is suggested that staff submit a modification of the fee
structure for people changing alarm companies, etc., so they will
not have to pay the entire amount.
Mr. Kenny Bond, business owner and resident with alarm
systems, requested a definition of a false alarm.
Bakersfield, California, December 8, 1982 - Page 15
Police Chief Price stated Section 5.08.010 G of the
proposed Alarm Ordinance defines a false alarm as "an alarm system
calculated to solicit or which could reasonably cause the solici-
tation of the urgent attention of City safety personnel where an
emergency does not exist. An alarm signal activated by violent
conditions of nature or other extraordinary circumstances not
subject to the control of the alarm owner shall not constitute a
false alarm. Signals from defective alarm systems shall be deemed
to be within the control of the owner."
Mr. Bond stated he does not feel that everytime an alarm
goes off it is false. tte does not feel a homeowner and business
owner should be penalized for alarms being counted as false, when
it is not known whether they were false or not.
~r. Charles Albany, alarm owner, stated he feels they
are being penalized for £alse alarms, because if something is
installed that is tamper proof it will not go off when it should.
Mr. Tony Marella, Operations Manager £or Alarmex, stated
the telephone company workmen setting off their alarms is one of
their big problems and they will be charged for a false alarm. Mr.
Marella explained other situations where alarms are set off that
are not the fault of the owner or alarm company. When the Police
Department responds to an alarm without being notified, he does
not feel that should be counted as a false alarm against the
customer.
Police Chief Price
an alarm that is not counted
stated if a utility company sets off
as a false alarm.
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, if alarm systems in
neighborhoods help reduce crime, it might be better if 4 or 5
Policemen were hired to do nothing but handle the alarm situation.
Bakersfield, California, December 8, 1982 - Page
He felt the ordinance contains a lot of things that should be
altered, changed or deleted.
Councilman Means made a motion that first reading be
considered given an Ordinance of the Council of the City of Bakers-
field amending Chapter 5.08 of the Bakersfield Municipal Code
pertaining to Alarm Systems.
Councilman Christensen requested that staff furnish a
report to the Council on the cost of false alarms as they relate
to medical costs, destruction of property, etc.
Councilman Barton suggested that sta£f prepare the
statistics on false alarms and furnish to the Council on an annual
basis.
Upon a motion by Councilman Christensen a brief recess
was declared at ll:00 P.M. and the meeting was reconvened at
11:05 P.M.
Councilman Means' motion that first reading be considered
given an Ordinance of the Council of the City of Bakersfield
amending Chapter 5.08 of the Bakersfield Municipal Code pertaining
to Alarm Systems, was unanimously approved.
This is the time set for public hearing for the purpose
of adopting a Resolution setting forth fees for relieving the
overcrowded conditions in the Panama Union School District in that
portion of the District that is in the City of Bakersfield.
This hearing has been duly advertised, posted and all
interested parties notified as required by law.
Mayor Shell declared the hearing open for public partici-
pation.
Mr. Frank Fekete, Attorney representing the Panama Union
School District, requested that the Council establish three levels
of fees; $1,300 for a 3 bedroom home, $700 for a 2 bedroom home
and $500 for apartments, condominiums and mobile homes. The fees
were developed to implement an ordinance adopted by the Council
Bakersfield, California, December 8, 1982 - Page 17
several months ago and are based on the cost to the school district
for acquiring relocatable classrooms over a 5 year period on a
lease purchase plan. The Board of Supervisors approved identical
fees on November 15, 1982, however, they will not become effective
until the Council takes action to make the fees applicable within
the City.
No protests or objections being received and no one else
wishing to speak in favor, Mayor Shell closed the public portion
of the hearing for Council deliberation and action.
Upon a motion by Councilman Payne, Resolution No. 133-82
of the Council of the City of Bakersfield concurring in findings of
overcrowding, making other findings, and establishing fees in lieu
of dedication of land (interim classroom and related facilities -
Panama Union School District; Chapter 15.70 of the Bakersfield
Municipal Code), was adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
This is the time set for public hearing regarding an
Ordinance establishing the City Council as the Redevelopment Agency.
This hearing has been duly advertised, posted and noti-
fication given as required by law.
A letter was received from Mr. Tom McBride, General
Partner in Bakersfield Metropolitan Associates, dated December 2,
1982, expressing his concern about Council establishing themselves
as the Redevelopment Agency.
~ayor Shell declared the hearing open for public partici-
pation.
Mr. Warren Thompson, owner of Thompson's Pet Land, 1030 --
19th Street, spoke in favor of the Council establishing themselves
as the Redevelopment Agency. The Council, as elected officials,
will be more responsive to the needs of the citizens of the
community than appointed officials.
Bakersfield, ~alifornia, December 8, 1982 - Page 18
No protests or objections being received and no one else
wishing to speak in favor, Mayor Shell closed the public portion
of the hearing for Council deliberation and action.
Upon a motion by Councilman Rockoff, first reading was
considered given an Ordinance amending Section 2.24.020 of the
Bakersfield Municipal Code and adding Sections 2.24.021 and
2.24.022 relating to establishing the City Council as the Redevelop-
ment Agency.
This is the time set for public hearing on Resolution
of Intention No. 960 of the Council of the City of Bakersfield
declaring its intention to order the vacation of a portion of
Fraser Road lying in Sections 8 and 17, Township 30 South, Range
27 East, in the City of Bakersfield.
This hearing has been duly posted.
The application for this vacation of a portion of Fraser
Road was requested by Tenneco Realty Development Corporation.
Mayor Shell declared the hearing open for public partici-
pation.
Mr. Larry Williams, representing Tenneco Realty Develop-
ment Corporation, stated he was present to answer questions of the
Council.
No protests or objections being received and no one else
wishing to speak in favor, Mayor Shell closed the public portion of
the hearing for Council deliberation and action.
Upon a motion by Councilman Barton, Resolution No. 134-82
of the Council of the City of Bakersfield ordering the vacation of
a portion of Fraser Road lying in Sections 8 and 17, Township 30
South, Range 27 East, in the City of Bakersfield, was adopted by
the following roll call vote:
Ayes Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
Noes None
Absent: None
157
Bakersfield, California, December 8, 1982 - Page 19
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.
ATTEST:
CITY Officio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, December 15, 1982
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 P.M., December 15, 1982.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Reverend Kenneth
Miller of the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Strong, Barton, Christensen,
Payne, Ratty, Rockoff
Absent: Councilman Means
l~inutes of the regular meeting of December 1, 1982, were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Marvin Lipco, operator of Alan's Kern Jewelry & Loan
at 1223 - 19th Street, representing the Collateral Loan Associatioa,
expressed their disapproval of the press and Council using the
coined phrase "Porno-Pawn Shop District." The newspaper has dis-
continued the use of that phrase and the City is requested to do
the same. They object to the pornography shops being located in
their block and do not want to be associated with them. The image
of their block is tainted by the continual reference to "Porno-Pawn
Shop District." The 1200 block of 19th Street is as clean or
cleaner than any other block downtown, almost fully occupied and
they contribute as much or more revenue per square foot to the City
as any other block in Downtown Bakersfield.
Mr. Jim Rude, 1025 Blossom Street, father of a develop-
mentally delayed hyperactive child, stated the Aqua Therapy Program
is administered at the old B.A.R.C. site pool and is vital to several
children's development. The exercise is necessary to strengthen
the hearts of children with heart conditions and it must be under
a consistent temperate environment. The program is successful and
it will have to be cut when the pool is demolised. This pool has
helped his daughter who has gross motor and speech problems. The
Bakersfield, California, December 15, 1982 - Page 2
therapy pool has given her self-esteem and taught her
centrate in order to swim and continue in the program.
is the only indoor one in Bakersfield and it is vital
how to con-
This pool
to a lot of
children. Without some of these programs these children will become
dependent on the public and their parents. The ideal thing would
be to halt the demolition of the pool until the Crippled Children's
Society can build their pool, but that will be a long time. As an
alternative they would request that a pool be found for the children
to use or help with the funding of the Aquatic Therapy Program until
a pool is ready.
Debbie Fuller, 1725 Baker Street, Apt. A, outlined what
the Water Therapy Program at the old B.A.R.C. facility has done for
her daughter and other children in Bakersfield. Iter daughter has
been in the program for about 1½ years and made tremendous progress.
Mrs. Fuller requested that the Council and public find a way to
continue with the program.
City Manager Kelmar stated the bid for the rehabilitation
of the B.A.R.C. facility into a Senior Citizens Center is on
tonight's agenda. Working around the pool has been discussed and
it is not possible. tte understands there is an indoor swimming
pool at an apartment complex located on South "H" Street, near
White Lane, owned by Maurice St. Clair and they might inquire about
using their facility.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
the Kern City Golf Course, dated December 8, 1982, regarding the
basis for their appeal to the decision of the Planning Commission
on the zoning of the Kern City Golf Course, was received and
ordered placed on file.
Upon a motion by Councilman Barton, communication from
Paul Slevkoff III, 1204 White Lane, dated December 15, 1982,
regarding traffic and noise problems on White Lane, was received
and referred to staff for action.
Bakersfield, California, December 15, 1982 - Page 3
Upon a motion by Councilman Ratty,
Charles P. Michel, 507 Chester Avenue,
expressing his feelings on a downtown
and ordered placed on file.
Upon a motion by Councilman Payne
from Tenneco Realty Development Corporation
communication from
dated December 12, 1982,
transit facility, was received
five communications
dated December 13,
1982, requesting establishment of Maintenance Districts in areas
generally described as Parkside Village South, Campus Park, The
Oaks, Stockdale Centre and ttaggin Oaks, was received and referred
to staff for appropriate action.
Upon a motion by Councilman Rockoff, communication from
Felix, Ernest W. ttahn, Inc., 3666 Kearny Villa Road, San Diego,
California, dated December 7, 1982, representing East Bakersfield
Associates, requesting postponement of first reading of an Ordinance
amending Title Seventeen of the Municipal Code changing the Land
Use Zoning of property located south of State Route 178 and west
of Oswell Street, was received, ordered placed on file and first
reading of the Ordinance was deferred until the Council Meeting of
January 5, 1983.
COUNCIL STATEMENTS
Upon a motion by Councilman Payne, Mr. Tony Cueto, 3104
Perry Place, was approved as his appointment to the Historic
Preservation Commission.
Upon a motion by Councilman Christensen, Mary Sue Ming,
2119 Ming Avenue, was approved as his appointment to the Historic
Preservation Commission.
Councilman Rockoff
Salt Lake City, Utah, to see
reporting on the trip he made to
their transit way facility, that had
been described to the Council as being similar to the proposed
Chester Avenue Transit Way, stated they were favorably impressed
with the overall physical facility, as far as the view was concerned.
However, in regards to the main purpose of the facility, he felt
16:]
Bakersfield, California, December 15, 1982 - Page 4
that it does not serve that well. There was traffic backed up
along the street behind the buses. Salt Lake differs from Bakers-
field in that the streets that parallel the transit way are
extremely wide and offer alternatives to people who want to avoid
the transit way. A very important point is that the buses do not
stop for any length of time. They only stop long enough to let
off and pick up passengers. The G.E.T. people have indicated to
him that if a transit way is constructed on Chester Avenue the
buses will be required to stay at a fixed location from 5 to 20
minutes and that was not the system used in either Salt Lake City
or Portland, Oregon. Councilman Rockoff stated his observations
do not allow him to see things the way some other members of the
Council see them, and, therefore, he continues to favor an off-
street transit facility where the buses will be kept during the
pulsing period so they are not on the street.
Upon a motion by Councilman Barton, Victoria Araujo,
2801 Coventry Drive, was approved as his appointment to the Historic
Preservation Commission.
Councilman Barton stated he tried to go to Salt Lake
City with an open mind. Their facility would not be like Bakers-
field, because they have a grid type loop system and Bakersfield
has a pulsating system that increases long bus parking time on
Chester Avenue. He would support a Chester Avenue Transit Way with
the following conditions:
1. The traffic flow is not impacted in 3 lanes
each way.
2.Bus parking be limited to not more than 2
or 3 minutes.
3. Restricted bus parking time to keep buses
from congregating as they presently do.
supports the 19th and "K" Streets site for an off-street
and opposes the 21st Street and Chester Avenue site.
Councilman Christensen reported on his trip to Portland,
and stated he was very favorably impressed with their
He still
terminal
Oregon
Bakersfield, California, December 15, 1982 - Page 5
transit facilities. Bakersfield does not have the tall buildings
and downtown activity that Portland has and their buses do not
park on the streets. What Bakersfield really needs is a long-
range plan in order to have something to work towards. Councilman
Christensen stated his feet were not set in concrete, but he
definitely favors an off-street terminal for Bakers£ield.
Councilman Ratty stated Salt Lake City's Downtown Transit
Mall looks very much like Chester Avenue, only wider. The streets
were narrowed to the point where they could be crossed. Before
their streets were so wide they were a barrier, as Chester Avenue
is a barrier today, which is one of this City's problems. Salt
Lake developed a mall downtown and it was so successful that one
was built across the street within the street scaped area. The
traffic backup is a little unfair because they know they have a
problem, because there were not enough bays constructed for buses
to get in and out. The same type of transit way and shopping
atmosphere could work very well in Bakersfield.
Upon a motion by Councilman Rockoff, Mayor Shell's
appointment of Mr. Christopher Brewer, 3204 Perry Place, to the
Historic Preservation Commission, was approved.
In answer to a question by Mayor Shell regarding the
status of G.E.T.'s application for funds for a downtown transit
facility, City Manager Kelmar stated the action taken at their
meeting two weeks ago was to hold the application for the 21st Street
and Chester Avenue site in abeyance for two weeks in order to give
them time to review it, visit the Salt Lake City facility and also
allow time for the Council to come to some type of support for the
mall project.
Councilman Strong stated he also visited the Salt Lake
City facility and was impressed. Salt Lake has the longest blocks
and widest sidewalks he has ever seen in a City. After discussions
with some of the G.E.T. Board Members regarding modifications on
164
Bakersfield, California, December 15, 1982 - Page 6
Chester Avenue, he felt they were willing to request the consultant
to make additional studies, if necessary, to determine the feasi-
bility of some of their positions. Hopefully, through the consultant,
some type of compromise can be reached.
REPORTS
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 14-82 regarding Monthly
Parking Rates in Public Facilities, as follows:
Pursuant to the agreement between the City of
Bakersfield and Bank of America for the leasing
of twenty (20) parking spaces in the Municipal
Parking Lot in the sixteen hundred block of
Truxtun, correspondence regarding renewal and
continuance of the lease through December 31,
1983, was received by the City Council and
referred to the Business Development and Parking
Committee for study and recommendation.
On January 20, 1982, the City Council approved
a recommendation by this Committee, whereby,
the City Council would maintain rental rates
consistent and representative of rental rates
for such parking spaces leased on a monthly
basis in the downtown area. In doing so, the
City Council felt it would encourage the develop-
ment of parking by private enterprise. This
Committee believes it important the City Council
maintain this policy with regards to monthly
rental rates.
Therefore, this Committee recommends City Council
continue the referred to lease agreement with
Bank of America Building at a monthly rental
rate of $35.00 per space, per month, effective
February 1, 1983 through June 30, 1983, and
$40.00 per month, effective July 1, 1983,
through December 31, 1983. (Current rental
rate is $30.00). Further, we recommend the
City Council approve the same rates per month,
per space, for other parking spaces leased or
rented from the City on a monthly basis.
Upon a motion by Councilman Barton, Business Development
and Parking Committee Report No. 14-82 regarding Monthly Parking
Rates in Public Facilities, was accepted; continuation of Lease
Agreement with Bank of America at a monthly rental rate of $35.00
per space, per month, effective February 1, 1983 through June 30,
1983, and $40.00 per month, effective July l, 1983 through December'
31,1983, was approved, and same rates per month, per space, for
Bakersfield, California, December 15, 1982 - Page 7
other parking spaces leased or rented from the City on a monthly
basis, was approved.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 35-82 regarding School Crossing
Guards, as follows:
Since the beginning of the school year the
Public Works Department has evaluated the need
for school crossing guards at several locations
within the City. These studies were initiated
through requests from school officials, the
Police Department and parents. On October 27,
1982, the City Council referred the results of
these studies to the Budget Review and Finance
Committee.
This Committee met with City staff to review the
studies and conclusions. During our discussions
we noted additional crosswalks and signing have
been installed at some locations. However, the
studies indicate there are two locations in need
of additional action:
The warrants (criteria established by the
Institute of Transportation Engineers)
indicate a crossing guard is needed for
Eissler School at the intersection of
Auburn Street and Eissler Street. The
cost of the crossing guard for the remainder
of the school year is 93,500.
o
Median island improvements and additional
crosswalks for Franklin School are needed
at Truxtun Avenue intersections of "A"and
Pine Streets. The Public Works Director
has estimated the cost to be $5,000.
This Committee concurs with the results of the
studies, and, therefore, recommends.the City
Council authorize the additional adult crossing
guard for Eissler School and the median island
improvements and crosswalks for Franklin School.
We recommend a transfer of $8,500 from the
Council Contingency Account No. 11-76100-512
to Account No. 11-74500-625 for $3,500, and
No. 11-71200-252 for $5,000. We further recom-
mend the Public Works Department continue to
study and monitor the need for adult crossing
guards at the elmentary schools throughout the
City of Bakersfield.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 35-82 regarding School Crossing Guards,
was accepted; additional adult Crossing Guard for Eissler School
and median island improvements and crosswalks for Franklin School,
were approved, Budget Transfer of $8,500 from the Council Contingency
Bakersfield, California, December 15, 1982 - Page 8
Account No. 11-71600-512 to Account No. 11-74500-625, in the
amount of $3,500, and Account No. 11-71200-252, in the amount of
$5,000, was approved; and Public Works Department is directed to
continue to study and monitor the need for Adult Crossing Guards
at the elementary schools throughout the City of Bakersfield.
Councilman Ratty, Chairman of the Water and City Growth
Committee, read Report No. 10-82 regarding Assessment District No.
for Olcese Water District, as follows:
The City Council recently referred to this
Committee a request of the Olcese Water District
to form an Assessment District under the ~uni-
cipal Improvement Act of 1913 for the purpose
of issuing bond under the.Improvement Bond Act
of 1915.
The Committee has met with Mr. Owen Goodman,
Attorney for the Olcese Water District and staff
to discuss the proposal. Mr. Goodman indicated
Olcese has recently completed its annexation of
4,900 acres of land within the City lying
westerly of the Olcese Water District. This
area is not within the boundaries of Improvement
District No. 4 nor any water district. Olcese
now desires to undertake the preliminary steps
for the provision of water service. As a result
of Proposition 13, the district must utilize an
Assessment District method of financing to obtain
funds which requires the approval of the City by
a resolution.
The funds from the sale of bonds in the approxi-
mate amount of $600,000 will be utilized to
develop the plan of works and estimate thereof
for the delivery of water, an economic feasibility
study, all necessary environmental studies and
legal proceedings, and associated bond and bond
election costs.
This Committee concurs with the request and would
recommend adoption of the Resolution of Approval.
Upon a motion by Councilman Ratty, Water and City Growth
Committee Report No. 10-82 regarding Assessment District No. i for
Olcese Water District, was accepted.
Adoption of Resolution No. 135-82 of
the Council of the City of Bakers-
field approving the proposal as set
forth in the Resolution of the Board
of Directors of the Olcese Water
District declaring its intention to
order the acquisition of certain
improvements in Proposed Assessment
District No. 1 of Olcese Water
District.
Bakersfield, California, December 15, 1982 - Page 9
1 q7
Upon a motion by Councilman Ratty, Resolution No. 135-82
of the Council of the City of Bakersfield approving the proposal
as set forth in the Resolution of the Board of Directors of the
Olcese Water District declaring its intention to order the
acquisition of certain improvements in Proposed Assessment District
No. I of Olcese Water District, was adopted by the following roll
call vote:
Ayes:
Noes:
Absent:
Councilmen Strong,
Rockoff
Barton, Christensen, Payne, Ratty,
None
Councilman Means
City Manager Kelmar reported several months ago the
assistance in the promotion of annexations
approved.
Council adopted a report providing for a number of annexation
policies. One of the expressions by the Council was that, if
necessary, funds be provided for the City to engage individuals
to assist in the promotion of annexations by distributing petitions
in certain areas. At this time there are a couple of areas that
some efforts should be made and it is requested that a Budget
Transfer from the Council Contingency Fund, in the amount of
$7,500, be authorized to begin the processing of those areas.
Upon a motion by Councilman Ratty, Budget Transfer from
the Council Contingency Fund, in the amount of $7,500, for
in several areas, was
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3049 to 3424,
inclusive, in the amount of $1,039,738.87.
(b)
Claim for Damages and Personal Injuries
from Emma Callihan, c/o Ronald D. Dessy,
Attorney at Law, 1508 - 18th Street, Suite
212, Bakersfield. (Refer to City Attorney)
(c)
Claim for Damages from Ritchie Gilbert
Snyder, 2605 Miria Street, Bakersfield.
(Refer to City Attorney)
Bakersfield, Cali£ornia, December 15, 1982 - Page 10
(d)
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(m)
(n)
(o)
(P)
Claim for Damages from Automobile Club of
Southern California on behalf of Gregette
R. Sheldon, 3809 Newcombe Drive, Bakers-
field. (Refer to City Attorney)
Claim for Damages from Susan Blair, 17
Flower Street, Bakersfield. (Refer to
City Attorney)
Claim for Damages from John L. Oliver,
900 Southgate Drive, Bakersfield. (Refer
to City Attorney)
Claim for Damages from Beatriz Q. Eusebio,
2106 Center Street, Bakersfield. (Refer
to City Attorney)
Claim for Damages from Bobbie Larkin, DBA
B & M Mini Market, 632 Lakeview Avenue,
Bakersfield. (Refer to City Attorney)
Claim for Personal Injuries from Jean
Pierre Goyenetch, c/o David V. Stiles,
Esq., Chain, Younger, Jameson, Lemucchi
& Noriega, 1128 Truxtun Avenue, Bakers-
field. (Refer to City Attorney)
Claim for Damages from Jo Banducci, P.O.
Box 1296, Bakersfield. (Refer to City
Attorney)
Claim for Damages from Automobile Club of
Southern California on behalf of Eleanor
K. Larson, 2200 "D" Street, Bakersfield.
(Refer to City Attorney)
Claim for Damages and Personal Injuries
from Wayne T. Ford, c/o Law Offices of
George A. Boyle, 416 Truxtun Avenue,
Bakersfield. (Refer to City Attorney)
Public Road Easement from La Hacienda,
Inc., for a portion of Miramonte Drive,
as required by the Planning Commission
for Parcel Map No. 6712, located adjacent
to the southwest portion of the Rio Bravo
Golf and Tennis Resort, one-half mile
south of State Highway 178.
Sewer Easement from Palo Verde Investments
and Safeway Stores, Inc., for sewer line
purposes as required for Parcel Map No.
6452, located north of Bernard Street,
east of Oswell Street.
Grant Deed from Jimmy & Dorothy Barron
for additional right-of-way required for
the widening of Stine Road from Panama
Lane to Pacheco Road.
Map of Tract No. 4535 and Improvement
Agreement with Barratt Northern California,
Inc., for construction of improvements
therein, located north of Fairview Road,
east of Osborne Street.
Bakersfield, California, December 15, 1982 - Page 11
169
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(Y)
Improvement Agreement for Parcel Map No.
6452 with Palo Verde Investments for
construction of improvements therein,
located north of Bernard Street, east of
Oswell Street.
Improvement Agreement for Parcel Map No.
6788 with Anglen & Moreland Development
for construction of improvements therein,
located north of California Avenue, east
of Easton Drive.
Notices of Completion and Acceptance of
Work on:
Traffic Signal Modifications on Columbus
Street at Oswell Street, Mt. Vernon
Avenue at Columbus Street, Ming Avenue
at Wible Road, Contract No. 82-117 with
A. C. Electric Company.
Construction of Kern River Bicycle Trail
from Cal-State Bakersfield to Beach Park,
Phase I, Contract No. 82-137 with Jacobs
Company.
Application for Encroachment Permit from
Raul Gallo, 4017 Adidas Avenue, Bakers-
field, for construction of a 6 foot
concrete panel fence behind sidewalk area
on Akers Road, per Board of Zoning Adjust-
ment Modification No. 3866.
Application for Encroachment Permit from
David R. Morledge, M.D., 2030 Truxtun
Avenue, Bakersfield, for construction of
a private light and pole to illuminate
front of building at 2030 Truxtun Avenue.
Application for Encroachment Permit from
Frank G. Haflich, 3728 Jewett Avenue,
Bakersfield, for construction of a 6 foot
fence at back of lot on "O" Street and
behind sidewalk area at 3728 Jewett Avenue.
Application for Encroachment Permit from
Clinicians Medical Building, 3551 "Q"
Street, Bakersfield, for construction of
ground mounted light fixtures for sign
illumination to be installed near north
property line on the south side of 36th
Street at 3551 "Q" Street.
Plans and Specifications for remodeling
Fire Department Headquarters Offices at
2101 "H" Street.
Request from Coleman T. and Rebecca G.
Proctor £or an extension of time to
complete improvements in Tract No. 3972
C & D, Agreement No. 81-141, located
south of Pacheco Road and west of Akers
Road. The Public Works Department recom-
mends a twelve month extension from
September 23, 1982 to September 23, 1983,
for improvements under Tract No. 3792 C
&D.
Bakersfield, California, December 15, 1982 - Page 12
(z)
Approval of City Standard S-31 for New
Street Lights and S-36 for Revised Median
Curbs.
(aa)
Full Reconveyance of Deed of Trust
executed by Antonio Smith, 1317 Potomac
Street, as Trustor and the City of Bakers-
field as the Trustee. Antonio Smith has
canceled a Deferred Loan under the City's
Community Development Block Grant Program
due to personal illness.
(bb)
Resolution of Intention No. 961 of the
Council of the City of Bakersfield,
declaring its intention to order the
vacation of a portion of York Way lying
south of Adanac Court in the City of
Bakersfield. This Resolution of Intention
sets January 12, 1983, for hearing on the
matter before the Council.
(cc)
Resolution of Intention No. 962 of the
Council of the City of Bakersfield,
declaring its intention to order the
vacation of portions of the Public Utility
Easements located within Lots 51, 53 and
55 of Tract No. 4469, in the City of
Bakersfield. This Resolution of Intention
sets January 12, 1983, for hearing on the
matter before the Council.
Upon a motion by Councilman Strong, Items (a), (b), (c),
(d) (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(q) (r), (s), (t), (u), (v), (w), (x), (y), (z), (aa), (bb) and
(cc 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
Upon a motion by Councilman Strong, low bid of Jerry
McLaughlin, in the amount of $283,885, for rehabilitation of Senior
Center at 530 - 4th Street, was accepted, all other bids rejected
and the ~{ayor was authorized to execute the contract.
Upon a motion by Councilman Christensen, low bids of
Graybar Electric 2 items), in the amount of $8,601.79, and Control
Electric (1 item) in the amount of $1,595.09, for Floodlights and
Brackets, were accepted and all other bids rejected.
Bakersfield, California, December 15, ~982 - Page 13
171
Upon a motion by Councilman Rockoff, bid of Huntmix,
Inc., in the amount of $188,892, for Annual Contract for Type B
Asphalt Concrete, was accepted and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Ratty, low bid of Contractors
Equipment and Supply Company, in the amount of $89,731.70, for one
street sweeper for the Public Works Department, was accepted and
all other bids rejected.
Upon a motion by Councilman Rockoff, low bids of Profit
Productions (8 items), in the amount of $1,939.80, and Oki Nursery
(6 items), in the amount of $3,791.64, for plants and trees for
the Parks Division, were accepted and all other bids rejcted.
Upon a motion by Councilman Barton, low bid of Micon
Construction of Bakersfield, in the amount of $36,285.92, for
Sandra Pump Station Modifications, Phase II, was accepted, all
other bids rejected and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Christensen, bid of General
Seating Company, in the amount of $16,915.54, for aluminum planks
and accessories for the Parks Division, was accepted.
Upon a motion by Councilman Payne, low bid of Kunert
Electric, in the amount of $107,720, for traffic signal systems
on Ming Avenue at Ashe Road and Gosford Road, was accepted, all
other bids rejected and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Payne, usual bidding require-
ments were dispensed with, in accordance with Section 3.20.060 of
the Municipal Code, and the Finance Operations Manager was authorized
to negotiate a price for three used cars for the Police Department's
undercover work, not to exceed the budgeted amount of $24,000.
Upon a motion by Councilman Payne, bid of Bakersfield
Sandstone, in the amount of $14,575, for 40,000 lb. ti~t top trailer
for Public Works Department, was accepted and all other bids rejected.
172
Bakersfield, California, December 15, 1982 - Page 14
Upon a motion by Councilman Rockoff, low bids of Jim
Burke Ford (3 items), in the amount of $49,329.43, and Three Way
Chevrolet (2 items), in the amount of $28,113.64, for eight trucks,
were accepted and all other bids rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 2792 New
Series amending Section 2.24.020 of
the Bakersfield Municipal Code and
adding Sections 2.24.021 and 2.24.022
relating to establishing the City
Council as the Redevelopment Agency.
Upon a motion by Councilman Rockoff, Ordinance No. 2792
New Series amending Section 2.24.020 of the Bakersfield ~unicipal
Code and adding Sections 2.24.021 and 2.24.022 relating to estab-
lishing the City Council as the Redevelopment Agency, was adopted
by the following roll call vote:
Ayes
Councilmen Strong, Barton, Christensen, Payne, Ratty,
Rockoff
Noes None
Absent: Councilman Means
Adoption of Ordinance No. 2793 New
Series of the Council of the City of
Bakersfield amending Chapter 5.08 of
the Bakersfield Municipal Code per-
taining to Alarm ~ystems.
Upon a motion by Councilman Payne, Ordinance No. 2793
New Series of the Council of the City of Bakersfield amending
Chapter 5.08 of the Bakersfield Municipal Code pertaining to Alarm
Systems, was adopted by the following roll call vote:
Ayes:
Councilmen Strong, Barton, Christensen, Payne, Ratty,
Rockoff
Noes: None
Absent: Councilman Means
Adoption of Ordinance No. 2794 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changingsthe Land Use
Zoning of those certain properties
in the City of Bakersfield commonly
known as 107 and 113 17th Street.
Bakersfield, California, December 15, 1982 - Page 15
173
Kuest
~ultiple Family Dwelling) Zone to
The Planning Commission
amendment.
The application for this amendment was made by Frank W.
and would change subject properties from an R-4 (Limited
a C-2 (Commercial) Zone.
recommended approval of this
amendment.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2795 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of those certain properties in the City of Bakersfield
commonly known as 3317 thru 3413 Alum Avenue (odd only) and 3316
thru 3412 Adanac Court (even only), finding said zoning consistent
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2794 New Series amending Title Seventeen of the
Municipal Code of the City of Bakers£ield by changing the Land Use
Zoning of those certain properties in the City of Bakersfield
commonly known as 107 and 113 17th Street, finding said zoning
consistent with the General Plan, were adopted by the following
roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Payne, Ratty,
Rockoff
Noes: None
Absent: Councilman Means
Adoption of Ordinance No. 2795 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of those certain properties
in the City of Bakersfield commonly
known as 3317 thru 3413 Alum Avenue
(odd only) and 3316 thru 3412 Adanac
Court (even only).
This amendment was initiated by the Planning Commission
and would change subject properties from an R-2-D (Limited Multiple
Family Dwelling - Architectural Design) Zone to an R-1 (One Family
Dwelling) Zone.
The Planning Commission recommended approval of this
174
Bakersfield, California, December 15, 1982 - Page
with the General Plan,
vote:
Ayes:
were adopted by the following roll call
Councilmen Strong, Barton, Christensen, Payne, Ratty,
Rockoff
Noes None
Absent: Councilman Means
Adoption of Ordinance No. 2796 New
Series of the Council of the City of
Bakersfield amending Section 17.06.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield, located north of Sage
Drive between South Half Moon Drive
on the west and Wilson Road on the
east, and making findings in connection
with a P.U.D. Zone.
The application for this amendment was made by U. S.
Home Corporation and would change subject properties from a P.U.D.
(Planned Unit Development) Zone to a Revised P.U.D. (Planned Unit
Development) Zone, consisting of 37 lots of a revised 97 lot sub-
division.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2796 New Series of the Council of the City of
Bakersfield amending Section 17.06.020 of Title 17 of the Munici-
pal Code changing the Land Use Zoning of those certain properties
in the City of Bakersfield, located north of Sage Drive between
South Half Moon Drive on the west and Wilson Road on the east, and
making findings in connection with a P.U.D. Zone, finding said
zoning consistent with the General Plan, were adopted by the
following roll call
Ayes: Councilmen
Noes: None
Absent:
vote:
Strong, Barton, Christensen,
Rockoff
Payne, Ratty,
Councilman Means
Bakersfield, California, December 15, 1982 - Page
175
NEW BUSINESS
Adoption of Emergency Ordinance No.
2797 New Series of the Council of
the City of Bakersfield amending
Section 17.54.200 (g) (2) of the
Bakersfield Municipal Code relative
to Removal of Nonconforming Signs.
This Emergency Ordinance extends the compliance or
removal date for certain nonconforming signs to January l, 1984,
as recommended by Water and City Growth Committee Report No. 9-82
of December l, 1982.
Upon a motion by Councilman Strong, Emergency Ordinance
No. 2797 New Series of the Council of the City of Bakersfield
amending Section 17.54.200 (g) (2) of the Bakersfield Municipal
Code relative to Removal of Nonconforming Signs, was adopted by
the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Payne, Ratty,
Rockoff
Noes: None
Absent: Councilman Means
Authorization granted to Purchasing
Division of the Finance Department
to enter into a Discount Agreement
with Advanced Electronics for radio
parts and supplies.
Discount Agreements are informal supply contracts that
the Purchasing Division has prenegotiated prices or discounts on.
Upon a motion by Councilman Rockoff, the Purchasing
Division of the Finance Department was granted authorization to
enter into a Discount Agreement with Advanced Electronics for
radio parts and supplies.
Approval of Agreement with Cambrian
Energy Systems, Inc., to provide
Landfill Gas Monitoring and Landfill
Gas Conversion System.
The proposals of two firms, Cambrian Energy Systems, Inc.,
and Getty Synthetic Fuels, were evaluated and on September 15, 1982,
the City Council authorized the City to enter into an agreement
with Cambrian Energy Systems, Inc. This agreement provides that
176
Bakersfield, California, December 15, 1982 - Page 18
Cambrian will begin engineering a Landfill Gas Monitoring System
within three months of the date of execution by all parties, and
construction will begin within six months. The agreement also
requires County approval.
Councilman Rockoff made a motion that Agreement with
Cambrian Energy Systems, Inc., to provide Landfill Gas Monitoring
and Landfill Gas Conversion System, be approved after coordination
with the County of Kern and the Mayor authorized to execute same.
City Attorney Oberholzer outlined changes that were made
in the contract after the Council received their copies, as follow.s:
Page 4. Provision added that the Collection
System will include a perimeter gas collection
to provide gas collection along the southern
perimeter of the Landfill, which borders
residential homes.
2. Page 9. Provision added that Cambrian
agrees to market the Landfill gas for the
use that will generate the greatest economic
return for the Landfill owner (City of
Bakersfield).
3. Page 20. Included in the Monitoring System
the Gas Collection System along the perimeter.
4. Page 21. Provision added that the Perimeter
Collection System will be designed along
with the Monitoring System and will be
installed within 9 months after the effective
date of the contract.
5. Royalty Provision has been changed, whereby,
Cambrian will pay 1/8 of a royalty for 5
years instead of 7 years. After 5 years it
will increase to 1/6 of a royalty.
Councilman Payne asked whether or not there is a limitation
on the amount of natural gas that can be used to power the system
and thereby decrease the City's royalties.
Mr. Evan Williams, President of and Attorney representing
Cambrian Energy Systems, Inc., stated there is a very effective
limitation which will restrain them, even if they desired to use
natural gas. The Public Utility Regulatory Policies Act contains
a limitation on the amount of natural gas that can be used as a
fuel for these systems and still provide the exemption that allows
Bakersfield, California, December 15, 1982 - Page 19
them to proceed with a project of this type and not be regulated
as a public utility. It is their intent to exclusively use land-
fill gas that is generated. The only reason there is a provision
allowing the use of natural gas is for such times as the landfill
gas is on a decrease curve, which happens over a period of time.
They would be supplementing the fuel with natural gas to allow the
continued operation of the equipment and generation of revenues,
which the City would share. The three parties involved in this
contract are Cambrian Energy Systems, Inc., Central Plants (sub-
sidiary of Pacific Lighting Corporation), and EMCON Associates,
Engineering and Consulting Firm.
Mr. Richard Farmer, President of Central Plants, described
Pacific Lighting and Central Plants. Pacific Lighting is a very
large energy holding company based in Los Angeles and their prin-
cipal subsidiary is Southern California Gas Company. Central Plants
is one of the largest suppliers of methane gas to commercial,
industrial and governmental users in the United States. They provide
heat, air-conditioning, refrigeration, etc., throughout many Southern
California communities and have been in the energy business for
over 100 years.
Mr. Tudor Williams, Principal with Cambrian Energy
Systems, Inc., stated he has been involved with this project for
1½ years and explained how this proposal came about. One of the
critical issues was the danger of the gas to people and surrounding
residents, and Cambrian will take action to monitor and control the
gas.
Mr. Les Toth, Chief Engineer for Central Plants, stated
he has looked at the site several times and is familiar with the
migration problems of the City. EMCON has been retained and a
design is being formulated, regarding the migration of the gas, that
is acceptable to the State. The Collection System installation can
be started, if the City wishes, between December 25, 1982, and
January l, 1983.
Bakersfield, California, December 15, 1982 - Page 20
Mr. Tudor Williams, with the aid of charts, explained
the economics of the project and stated that at the end of 20
years, which is the project life, there will be $5,000,000 more
money for the City of Bakersfield than there is from the other
proposal. The first item that was investigated was providing an
asset for the City of Bakersfield. They also want to make sure
the City got the money and Cambrian felt it was only right.
Secondly, they realized an economic value cannot be placed on
human life and were to~d there was an urgency to this problem.
EMCON wrote the book on how to alleviate it and they took on that
responsibility. Cambrian then looked at how to provide the highest
value for the City. Power provides the highest value. During the
oral presentations Public Works Director Hawley was told if they
could cogenerate, that is what they would like to do. Petro-Lewis
is interested in the concept and if the equipment takes longer to
arrive they would like them to use their gas and boiler in the
interim. Central Plants has a tremendous operating history. Mr.
Williams requested the Council to vote in favor of the contract
so the project can begin next week.
In answer to a question by Mayor Shell, Tudor Williams
stated the royalty that would accrue to the City is based on the
gross sales of the gas.
Mr. Philip Rudnick, Attorney at Law, stated he felt the
benefit to the Council in being able to see all the graphs and
comparisons should be given to both parties, so the final decision
can be made in full confidence that both sides have been heard. He
wanted to remind the Council, in accordance with a suggestion he
heard from Councilman Strong, that there was nothing to prohibit
Getty Synthetic Fuels from submitting a proposal, but under a
previous determination made by the Council, it would have been
inappropriate at that time to ask the staff to change in midstream
from contract negotiations with Cambrian. That was recognized by
Bakersfield, California, December 15, 1982 - Page 21
179
Getty Synthetic Fuels and they did not want to interfere with those
discussions, and upon receiving information those negotiations had
concluded they submitted their proposal. The changes made seem to
have a significant benefit to the City and if his client, Getty
Synthetic Fuels, interest in the project contributed to that they
are pleased to have had that favorable result. The proposal sub-
mitted by Getty Synthetic Fuels, basically, gave the City the best
part of both worlds. In other words, the City would have maximized
their income in the sale and marketing of electrical energy. The
proposal would have adjusted the royalty payments to the City as
if it was a sale of electrical energy. Getty Synthetic Fuels'
concern was that the staff and City Council have all relevant infor-
mation for this project. If he understood correctly, this proposal
is being resolved on its economic basis. It is difficult to
accept the fact that Getty Synthetic Fuels'presentation does not
basically secure, not on a projection, potential or reference to
future dollars, but a firm committed income to the City of Bakers-
field. Mr. Rudnick stated he hopes there has not been a misunder-
standing, he is not speaking against the proposed agreement. He
is speaking in favor of having the opportunity to have a complete
presentation for the staff, and then have the sta£f, after hearing
all sides, come back to the Council with a recommendation.
Councilman Ratty stated, for the benefit of Getty Synthetic
Fuels, that the Committee met again and went through the whole matter
and they are satisfied that this is the best proposal for the City.
Councilman Rockoff's motion that Agreement with Cambrian
Energy Systems, Inc., to provide Landfill Gas Monitoring and Land-
fill Gas Conversion System be approved, after coordination with the
County of Kern, and the Mayor authorized to execute same, was
unanimously approved.
Mayor Shell declared a brief recess at 9:20 P.M. and
reconvened the meeting at 9:25 P.M.
Bakersfield, California, December 15, 1982 - Page 22
Approval of Encroachment Permit from
Bakersfield Neon Sign Company to
install a sign in the public right-
of-way at the southeast corner of
Panorama Drive and River Boulevard,
subject to the legality of the sign
being considered at the time that
Emergency Ordinance No. 2797 New
Series, relative to Removal of
Nonconforming Signs expires.
The proposed sign requires City Council
it is in the street right-of-way.
The applicant wishes to install
pole, which encroaches approximately four
approval because
a sign on an existing
feet into the street
right-of-way. The proposed sign installed on this pole would
encroach approximately eight feet.
The pole with a sign was installed several years ago,
but the sign was removed when the original service station closed.
A different company now plans to operate a service station at this
location and wishes to utilize the existing pole to support their
sign.
Mr. James Dalley, representing Bakersfield Neon Sign
Company, stated this property is owned by Ralph Smith, a local
realtor, and his records indicate a service station operated on
the property from 1954 or 1955, until it closed. It is their
opinion the proposed sign would not cause problems because of its
projection over the street right-of-way. Mobil Oil Company wishes
to lease the property, contingent on being allowed to erect the
proposed sign.
Councilman Ratty stated one of the things the City is
trying to do is not allow legal nonconforming signs to be put back
up, once they have been taken down. Councilman Ratty asked if the
pole could be moved four feet.
Mr. Dalley stated it could be moved, but it would disrupt
the flow of traffic in the area. Moving the sign would entail
considerable expense and that is something the property owner and
lessee would have to consider.
Bakersfield, California, December 15, 1982 - Page 23
Councilman Ratty stated he cannot see any reason they
could not conform to the ordinance.
Councilman Strong stated the base of the sign has been
in the right-of-way for almost 30 years and that is the reason
this matter had to come before the Council. Inasmuch as the
Council just passed an Emergency Ordinance to review the Sign
Ordinance, he would hope in the interim, especially something as
marginal as this, that the Council would show some consideration
for nonconforming signs.
Councilman Strong stated, in view of the fact the Council
just passed an Emergency Ordinance to review the whole idea of the
Sign Ordinance, he would make a motion that the Encroachment Permit
from Bakersfield Neon Sign Company to install a sign in the public
right-of-way at the southeast corner of Panorama Drive and River
Boulevard, be approved.
Councilman Rockoff stated he has a problem with that,
because anyone who wants to do anything nonconforming can do it
during this interim period.
City Attorney Oberholzer stated pursuant to the ordinance
this sign is one that would not have to conform at a later time,
because the Council would be authorizing a sign that would not have
to conform to a later constricting ordinance, unless a special
condition is placed on it. The Council could place a condition
on it that it is subject to any future legislation that may be
adopted. In answer to a question by Councilman Ratty, City Attorney
Oberholzer stated approval of this sign goes with the property and
not with the owner, but that can also be a condition of approval.
Councilman Strong withdrew his motion.
After considerable discussion, Councilman Strong made a
motion to approve the Encroachment Permit from Bakersfield Neon
Sign Company to install a sign in the public right-of-way at the
southeast corner of Panorama Drive and River Boulevard, subject to
Bakersfield, California, December 15, 1982 - Page 24
the legality of the sign being considered at the time that Emergency
Ordinance No. 2797 New Series amending Section 17.54.200 (g) (2)
relative to Removal of Nonconforming Signs expires, which is a
year from January, 1984. This motion carried by the following
roll call vote:
Ayes:
Noes:
Absent:
Councilmen Strong, Barton, Christensen, Payne,
Councilman Rockoff
Councilman ~{eans
ADJOURNMENT
There being no further business to come
Council, upon a motion by Councilman Christensen,
adjourned at 10:00 P.~I.
Ratty
before the
the meeting was
MA~City f ' Calif.
ATTEST:
of the City of Bakersfield,
ma
of the Council
California