HomeMy WebLinkAboutOCT - DEC 1981Bakersfield, California, October 7, 1981
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., October 7, 1981.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Reverend Gene
Harrison, Pastor of Hilltop Baptist Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Payne, Ratty, Strong, Barton,
Christensen, Means
Absent: Councilman Rockoff
Minutes of the regular meetings of September 16 and 23,
1981,
were approved as presented.
CORRESPONDENCE
Upon a motion by Councilman Strong,
communication from
the State Department of General Services, dated September, 1981,
regarding subscription of the California State Contracts Register
(CSCR), was received and referred to the Purchasing Division.
Upon a motion by Councilman Christensen, communication
from Newman and Associates, Inc., 717 - 17th Street, Suite 2180,
Denver, Colorado, dated September 29, 1981, requesting a resolution
of inducement for their program to enable savings and loan
associations, banks and other traditional mortgage lenders with
existing pools of single-family mortgage loans to provide low-cost
construction and permanent financing to apartment developers, was
received and referred to the Budget Review and Finance Committee.
Upon a motion by Councilman Payne, communication from
Rio Bravo Ranch Company, 6200 Lake Ming Road, dated September 30,
1981, requesting an extension of the expiration date on Tentative
Tract No. 4179, was received and referred to the Planning Commission.
Upon a motion by Councilman Payne, communication from
Bache, Halsey, Stuart, Shields, Inc., Bache Plaza, 100 Gold Street,
New York, dated October 1, 1981, regarding Tax-Exempt Mortgage
Revenue Bonds, (Multi-Family Collateralized Loan-to-Lenders
Bakersfield, California, October 7, 1981 - Page 2
Housing Program), was received and referred to the Budget Review
and Finance Committee.
Upon a motion by Councilman Payn.e, communication from
Ralph Andersen and Associates, dated October 5, 1981, submitting
copies of the Final Report regarding revisions to the City of
Bakersfield's Management Compensation System and Salaries currently
paid to management personnel, was received and ordered placed on
file.
Upon a motion by Councilman Means, communication from
R. K. Summy, Inc., 1415 McDonald Way, Bakersfield, dated September
24, 1981, regarding Fruitvale Water Disposal Company's request for
a Grant of Easement, was received and referred to staff.
Upon a motion by Councilman Means, Telegram from Dr. and
Mrs. Knittel, dated October 7, 1981, requesting that Animal Regu-
lations be tightened where it hurts the most, in the pocketbook,
was received and ordered placed on file.
COUNCIL STATEMENTS
Councilman Christensen stated he has received several
complaints regarding cable television not showing advertised
programs and cutting programs off in the middle to switch to
another program. He asked if anything could be done to correct
these situations.
City Attorney Oberholzer stated he would investigate
and report back to the Council.
Upon a motion by Councilman Barton, Resource Recovery
Alternatives for Kern County-Final Report, dated July, 1981, was
received and ordered placed on file.
REPORTS
Councilman Strong, Chairman of the Intergovernmental
Relations Committee, read Report No. 4-81 regarding Proposed Grade
Separation at Union and Southern Pacific Railroad, as follows:
On July 29, 1981, the City Council received and
referred to this Committee communication from
Bakersfield, California, October 7, 1981 - Page 3
205
Roland S. Woodruff, Attorney for Greater
Bakersfield Separation of Grade District.
Correspondence from Mr. Woodruf£ apprised the
City Council of the availability of the Public
Utilities Commission's priority list of state-
wide grade separation projects. Included in
the priority list as Priority Number 14 is the
proposed Union Avenue Separation at Southern
Pacific Railroad crossing.
This Committee met with members of the County
Board of Supervisors, Mr. Roland Woodruff,
County of Kern staff and City staff. Mr.
Woodruff advised this Committee that the
Greater Bakersfield Separation of Grade District
has conducted preliminary studies with regards
to the proposed project. This Committee dis-
cussed at great length the various aspects of
the program with Mr. Woodruff and members of
City staff. Among items discussed, were some
of the unique problems and situations with
adjoining property owners, types of grade
separation designs, and the estimated project
cost.
Preliminary estimates indicate the project to
have a cost of $6 million. As with the grade
separation on Chester Avenue, the project would
be funded 80% from State funds, 10% Southern
Pacific Railroad, 5% County of Kern, and 5%
City of Bakersfield ($300,000 City of Bakers-
field). In addition, as with the Chester
Avenue project, it would be necessary for the
City and County to provide "up front" funds of
approximately $1.5 million. These funds would
cover the cost of the final design and right-
of-way acquisitions. The City and County would
be entitled to State funds after construction
has commenced. Subsequent to the State refund,
a portion of these funds would be used to provide
cash flow until such time as the project is
completed.
At the present time, it is estimated the Chester
Avenue project will be completed in March, 1982.
Upon completion of the Chester Avenue project,
the State will perform an audit of the project.
If this audit is completed on or before May l,
1982, and a supplemental allocation is made by
the State, approximately $1.8 million of "up
front" City and County funds on this project
will be returned to the City and County of Kern.
Such being the case, the necessary $1.5 million
needed in the proposed Union Avenue separation
would be made available from those funds. It
was also noted in the event these funds were not
made available in time for the Union Avenue/
Southern Pacific Grade Separation Project, the
project will be fundable during fiscal year
1982-83.
This Committee feels the Union Avenue/Southern
Pacific Grade Separation Project to be of great
benefit to the City and feels the Separation of
2O6
Bakersfield, California, October 7, 1981 - Page 4
Grade District and staff should proceed with a
request for a State allocation. As such, this
Committee recommends that the City Council
direct staff to work with the Greater Bakers-
field Separation of Grade District to proceed
with continued preliminary studies, negotiation
of an agreement with Southern Pacific, prepara-
tion of an Environmental Impact Report, and
preparation of documentation for the request
for a State allocation to the project.
Upon a motion by Councilman Strong, Intergovernmental
Relations Committee Report No. 4-81 regarding Proposed Grade
Separation at Union and Southern Pacific Railroad, was accepted;
and staff was directed to work with the Greater Bakersfield
Separation of Grade District to proceed with continued preliminary
studies, negotiation of an agreement with Southern Pacific Railroad,
preparation of an Environmental Impact Report and preparation of
documentation for the request for a State allocation to the project.
Councilman Ratty, member of the Budget Review and
Finance Committee, read Report No. 19-81 regarding Animal Control,
as follows:
In response to the tremendous increase of
citizens' complaints regarding animals running
loose within the City Limits, this Committee
has held several meetings with the staff, the
SPCA and interested citizens, and have discussed
in detail how this problem can be reduced. The
Committee looked at facts and figures from other
communities throughout California and assessed
their potential value as they might apply to
this City. Discussions centered around increased
fines, increased impoundment fees, the possi-
bility of more Animal Wardens, better salaries
for employees of the SPCA in order to reduce a
very high turnover rate, increase in license
fees, and other possible alternatives. This
Committee cannot emphasize enough the magnitude
of this problem. The Council has heard from
irate citizens, the newspaper is constantly
covering citizens' concerns on this matter,
and we are now prepared to recommend Council
approval of the following actions in response
to these citizens' requests.
1)
Approve the agreement with the SPCA. (This
contract reflects an increase of approxi-
mately $2,100 per month over last year's
agreement, however, animal patrol will be
increased from dawn to dusk, six days a
week and emergency services increased
during nighttime hours and on Sundays.)
Bakersfield, California, October 7, 1981 - Page 5
2O7
2)
A recommendation of the Council to the
Courts that fines for violations of the
Leash Law be increased from $10 for first-
time offenders and $25 for second-time
offenders to $25 for first, $50 for second,
and $100 for third-time offenders. Owners
to be fined per animal. In other words,
if an owner has several animals running
loose they will be fined at the increased
rate each time an animal is caught. If
the dogs are not licensed, a further recom-
mendation that the Court assess an additional
$25 fine.
3) Approval of a resolution increasing animal
impoundment fees.
4)
Reduce the license fee from an annual charge
of $8 for non-sterilized dogs and $4 for
sterilized dogs to coincide with Kern County's
proposal of a biennial fee of $15 for non-
sterilized dogs and $5 for sterilized dogs.
Such fees to be effective July 1, 1982.
5)
First reading of an ordinance which in
effect will require anyone giving dog
vaccinations to keep records on forms
supplied by the City's authorized license
collector or shall collect the license
fee and turnover such fee to the license
collector.
This Committee will attempt to monitor this
matter for the remainder of this fiscal year
and if necessary will make further recommenda-
tions to alleviate any additional problems.
Upon a motion by Councilman Ratty, Budget Review and
Finance Committee Report No. 19-81 regarding Animal Control, was
accepted; Agreement with the S.P.C.A. for Animal Control, was
approved and the Mayor was authorized to execute same; recommendation
to the Courts that fines for violations of the Leash Law be increased
as per outlined in the report, was approved; reduction in License
fees as outlined in the report, effective July 1, 1982, were
approved; and Budget Transfer from Account No. 11-512-6100 to
Account No. 11-512-4500, in the amount of $16,800, was approved.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Sections 9.08.050 and
9.08.060 of the Bakersfield Munici-
pal Code providing for Biennial Dog
Licenses and collection of License
Fees.
Bakersfield, California, October 7, 1981 - Page 6
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Sections 9.08.050 and
9.08.060 of the Bakersfield Municipal Code providing for Biennial
Dog Licenses and collection of License Fees.
Adoption of Resolution No. 74-81 of
the Council of the City of Bakers-
field prescribing Impound Fees and
Boarding Fees for Animals in the
City of Bakersfield.
Upon a motion by Councilman Christensen, Resolution No.
74-81 of the Council of the City of Bakersfield prescribing
Impound Fees and Boarding Fees for Animals in the City of Bakers-
field, was adopted by the following roll call vote:
Ayes:
Councilmen Payne, Ratty, Strong, Barton, Christensen,
Means
Noes: None
Absent: Councilman Rockoff
City Manager Kelmar read a report regarding Authority
to Bid for Telephone Equipment, as follows:
For the past few months, the staff has been
investigating the financial consequences of
the City purchasing its telephone equipment in
lieu of leasing. Other cities and counties
have been contacted who have made this similar
transition. All indications are similar,
significant dollar savings and satisfactory
service. The staff's preliminary investigations
indicate that for the same system the City
presently has, a savings of approximately
$500,000 could be achieved over a ten year
period if the equipment were purchased on a
cash basis or approximately a $300,000 savings
based on monthly payments over a similar
period. This would include installation,
maintenance and leased line costs.
The staff would, therefore, request authority
to prepare bid specifications and go out to
bid for this equipment and submit the results
to the Budget Review and Finance Committee for
their review and recommendation to the City
Council. This process would not occur, however,
until March of next year as at that time Pacific
Telephone would have the authority to bid as
well when certain deregulation rules become
effective, which would allow them to sell
telephone equipment. The City is desirous of
obtaining as many bidders as possible.
Bakersfield, California, October 7, 1981 - Page 7
2O9
Councilman Means requested that the motion include an
investigation about purchasing a private system on long distance
calls.
Upon a motion by Councilman Ratty, report from the City
Manager regarding Authority to Bid for Telephone Equipment, was
accepted; staff was authorized to prepare bid specifications and
go out to bid for this equipment and submit results to the Budget
Review and Finance Committee for study and recommendation back to
the Council; and staff was authorized to investigate the possibility
of purchasing a private system on long distance calls and report
to the Council.
City Manager Kelmar read a report regarding SB 215 -
Transportation Financing Bill, as follows:
The most recent Legislative Bulletin from the
League of California Cities indicates Governor
Brown has signed SB 215, the Major Transpor-
tation Financing Bill, on Septmber 17. It
represents a $3 billion transportation financing
package for the next five years. Of that
revenue, approximately $1 billion will be
available for direct assistance for County and
City streets and roads.
The bill provides that the 2~ Gas Tax increase
does not go into effect unless County Board of
Supervisors representing two-thirds of the
State's population pass resolutions calling
for the tax increase within the next 60 days.
The League has indicated a detailed analysis of
the bill and exactly how much money each city
will receive in the next year, with estimates
of future revenue, will be provided in the next
few weeks.
The League is also requesting cities to pass a
resolution urging their respective County Board
of Supervisors to pass a resolution calling for
the implementation of the 2~ tax increase. The
Council may desire to refer this matter for
study and recommendation to the Budget Review
and Finance Committee.
Adoption of Resolution No. 75-81 of
the Council of the City of Bakers-
field urging the Board of Supervisors
of the County of Kern to pass a
resolution calling for a Two-Cent
($.02) Gas Tax increase.
910
Bakersfield, California, October 7, 198~ - Page 8
Upon a motion by Councilman Barton, Resolution No. 75-81
of the Council of the City of Bakersfield urging the Board of
Supervisors of the County of Kern to pass a resolution calling for'
a Two-Cent ($.02) Gas Tax increase, was adopted by the following
roll call vote:
Ayes: Councilmen Payne,
Means
Noes:
Absent:
entered into an
provide garbage
August 31, 1981,
Ratty, Strong, Barton, Christensen,
None
Councilman Rockoff
City Attorney Oberholzer reported that in 1967 the City
agreement with Kern Refuse Disposal, Inc., to
collection services. That agreement expired on
and for the past couple months the Budget Review
and Finance Committee and staff have been working with Kern Refuse
Disposal in an attempt to negotiate a new contract. However, as
of this date the Budget Review and Finance Committee is not ready
to present to the Council a contract that they feel could be recom-
mended. Consequently ~t is being requested that the Council
approve an Interim Agreement until October 17, 1981, when a
contract may or may not be presented. The Interim Agreement will
take care of the period from September 1 through October 17, 1981,
so that Kern Refuse Disposal, Inc., will continue to pick up garbage
in the City and will also continue to keep in force their insurance
in order to protect the City when they are driving on streets. The
provision for rates during this period is that they will be paid
at rates that will be negotiated in the new contract, or if no new
contract is negotiated then they will be paid the same rates they
were receiving in August, 1981.
Upon a motion by Councilman Ratty, Interim Agreement with
Kern Refuse Disposal, Inc., for garbage pick up, was approved and
the Mayor was authorized to execute same.
Bakersfield, California, October 7, 1981 - Page 9
9,11
The
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
<i)
CONSENT CALENDAR
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 1570 to 1807,
inclusive, in the amount of $1,639,282.00.
Approval of Subcontractors for Contract
No. 81-129 with Madonna Construction
Company for construction of Curbs and
Gutters in the Lowell Addition. The
specifications for the project require
that Subcontractors be approved by the
Council and the Contractor requests
approval of Valley Tree Service for
clearing right-of-way and Moreland
Enterprises for concrete work. Staff
recommends approval of the Subcontractors.
Street Easements from La Hacienda, Inc.,
providing additional right-of-way on
State Route 178, as required by the
Planning Commission for Parcel Map No.
6317, located southerly of State Route
178, east of Alfred Harrell Highway.
Street Right-of-Way Deed from California
Water Service Company for a portion of
necessary right-of-way for construction
of Truxtun Avenue between Westwind Drive
and Oak Street, located approximately
500 feet west of Oak Street.
Water Pipeline Easement from Tenneco Realty
Development Corporation, as required by the
Planning Commission for Parcel Map No. 5994,
located south of the intersection of
California Avenue and Marella Way.
Street Right-of-Way Deed from Summerfield
Place, a Limited Partnership, for a
portion of Panama Lane and Summerfield
Drive, as required by the Planning Com-
mission for the development located north
of Panama Lane, on the east side of
Summerfield Drive.
Map of Tract No. 4277, Unit 5, and
Improvement Agreement with Tenneco Realty
Development Corporation for construction
of improvements therein, located west of
Lily Drive on the north side of White
Lane.
Map of Tract No. 4277, Unit 6, and
Improvement Agreement with Tenneco Realty
Development Corporation for construction
of improvements therein, located north of
White Lane and east of Gosford Road.
Map of Tract No. 4277, Unit 7, and
Improvement Agreement with Tenneco Realty
Development CorpOration for construction
of improvements therein, located north of
White Lane and east of Gosford Road.
Bakersfield, California, October 7, 1981 - Page l0
(J)
Map of Tract No. 4277, Unit 8, and
Improvement Agreement with Tenneco Realty
Development Corporation for construction
of improvements therein, located on the
east side of Gosford Road, north of White
Lane.
(k)
Plans and Specifications for construction
of an addition for the Fire Department
Headquarters Station, 21st and "H" Streets.
(1) Notices of Completion and Acceptance of
Work for:
A. C. Pavement on Panama Lane, west of
Akers Road, Contract No. 81-120 with
Granite Construction Company.
Tract No. 4321, Units A, B & L, Contract
No. 80-170 with Auburn Venture, a Limited
Partnership, located north of Auburn
Street, east of Fairfax Road.
Tract No. 4248, Contract No. 80-110 with
Don Lee Development, located at Coventry
Drive and Morin Court.
Parcel Map No. 5102, Contract No. 79-172
with Donald R. Galey, located at Roosevelt
Street, west of Oleander Avenue.
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k) and (1) of the Consent
Calendar, were adopted by the following roll call vote:
Ayes
Councilmen Payne, Ratty, Strong, Barton, Christensen,
Means
Noes None
Absent: Councilman Rockoff
Councilman Strong asked a question regarding Self-
Insurance Program and anticipated expenses this year.
Councilman Christensen asked a question about several
contracts for one project.
City Manager Kelmar stated, basically, on a large project
some of the work is done by other than the major contractor.
ACTION ON BIDS
Upon a motion by Councilman Christensen, all bids for
furnishing and installing moveable walls (partitions) for the
first floor of the South Wing Addition to City Hall, were rejected
and staff was authorized to re-evaluate and readvertise the project.
Bakersfield, California, October 7, 1981 - Page 11
213
Upon a motion by Councilman Payne, low bid of Alcorn
Fence Company, in the amount of $7,020.00, for Chain Link Fence at
Grissom Street and White Lane (Grissom Park Sump), was accepted and
the other bid rejected.
Upon a motion by Councilman Ratty, bid of Broadbent
Corporation, in the amount of $5,395.40, for four Recorders for
Traffic Engineering, was accepted.
Upon a motion by Councilman Barton, low bid of Tumblin
Company, in the amount of $44,150.00, for South Wing Addition,
Second Floor Millwork (cabinets and counters), was accepted, the
other bid rejected and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Ratty, low bid if Sigma
Construction, in the amount of $34,800.00, for construction of a
Pump House Building at Pumping Plant No. 9 on Quailwood Drive,
was accepted, all other bids rejected and the Mayor was authorized
to execute the contract.
Upon a motion by Councilman Christensen, low bid of
Griffith Company, in the amount of $21,822.35, for Parking Lot
Improvements at the Bakersfield City Hall, was accepted, the other
bid rejected and the Mayor was authorized to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2669 New
Series of the Council of the City of
Bakersfield amending Sections 7.18.010
and 7.18.020 and repealing Sections
7.18.030 through 7.18.220 of the
Bakersfield Municipal Code, relative
to Secondhand Dealers, Pawn Brokers
and Junk Dealers.
Upon a motion by Councilman Payne, Ordinance No. 2669
New Series of the Council of the City of Bakersfield amending
Sections 7.18.010 and 7.18.020 and repealing Sections 7.18.020
through 7.18.220 of the Bakersfield Municipal Code, relative to
Secondhand Dealers, Pawn Brokers and Junk Dealers, was adopted by
Bakersfield, California, October 7, 1981 - Page 12
the following roll call vote:
Ayes:
Councilmen Payne, Ratty, Strong, Barton, Christensen,
Means
Noes: None
Absent: Councilman Rockoff
NEW BUSINESS
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield commonly known as 2001
and 2015 Westwind Drive.
The application for this amendment was made by Roger W.
Yates and would change subject properties from C-2-D (Commercial
Architectural Design) Zone to an M-1 (Light Manufacturing), or more
restrictive Zone.
The Planning Commission recommended approval of the
amendment by the City Council.
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 commonly known as 2001 and 2015 Westwind Drive.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Title
17 of the Municipal Code changing
the Land Use Zoning of that certain
property in the City of Bakersfield,
commonly known as 6800 Stockdale
Highway, and making findings in
connection with P.U.D. Zone.
The application for this amendment was made by Chris A.
Addington & Associates and would change subject property from a
P.U.D. (Planned Unit Development) Zone to a revised P.U.D. (Planned
Unit Development) Zone, consisting of 46 single family dwellings.
The Planning Commission recommended approval of the zone
change, subject to 9 additions to the plan, and made the findings
delineated in Section 17.51.070 of the Municipal Code.
Bakersfield, California, October 7, 1981 - Page 13
215
First reading was considered given an Ordinance of the
Council of the City of Bakers£ield amending Section 17.12.020 of
Title 17 of the Municipal Code changing the Land Use Zoning of
that certain property in the City o£ Bakersfield, commonly known
as 6800 Stockdale Highway, and making findings in connection with
P.U.D. Zone.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Title
17 of the Municipal Code changing the
Land Use Zoning of that certain
property in the City of Bakersfield,
commonly known as 1701 New Stine
Road, approving the Preliminary
Development Plan and making findings
in connection with P.C.D. Zone.
The application for this amendment was made by Melvin
D. Atkinson and would change subject property from a P.C.D.
(Planned Commercial Development) Zone to a revised P.C.D.
Commercial Development) Zone, consisting of a restaurant with
cocktail lounge.
(Planned
The Planning Commission recommended approval of this
zone change request, subject to 12 additions to the plan, and made
the findings delineated in Section 17.51.070 of the Municipal Code.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Title 17 of the Municipal Code changing the Land Use Zoning of
that certain property in the City of Bakersfield, commonly known
as 1701 New Stine Road, approving the Preliminary Development Plan
and making findings in connection with P.C.D. Zone.
Authorization granted to Purchasing
Division of the Finance Department to
enter into Discount Agreements with
Meadow Construction, Sierra Saw Works,
Flashco, Don's Automotive Paint and
Rutter Armey Engine Company for
miscellaneous services and supplies.
Discount Agreements are informal miscellaneous supply
contracts that the Purchasing Division has prenegotiated prices or
discounts on and are for services and supplies of a nature that do
216
Bakersfield, California, October 7, 1981 - Page 14
not lend themselves to other purchasing programs. The agreements
proposed are for heavy equipment hauling, saw sharpening, miscellaneous
batteries, safety products, auto paint and engine parts.
Upon a motion by Councilman Payne, the Purchasing Division
of the Finance Department was authorized to enter into Discount
Agreements with Meadow Construction, Sierra Saw Works, Flashco,
Don's Automotive Paint and Rutter Armey Engine Company for
miscellaneous services and supplies.
Approval of distribution to qualified
consultants for proposals on prepara-
tion of a Kern River Component to the
General Plan for the City of Bakers-
field and County of Kern.
The City of Bakersfield, County of Kern and Kern County
Council of Governments intend to engage the services of a Planning
Consultant to prepare an Open Space Plan for the Kern River Corridor
and Floodplain in the vicinity of Bakersfield. Kern COG will be
responsible for contract administration with the City Planning
Department taking lead responsibility for liaison with the selected
consultant. Staff from each agency will form a Technical Steering
Committee to select the consultant and oversee project development.
The anticipated budget for the six-month study is $25,000.
Councilman Barton stated another study has been completed
on 2,800 acres of City-owned land from Chester Avenue to Interstate
5 and requested that this be clearly specified in ~he wording of
the document.
Upon a motion by Councilman Payne, distribution to
qualified consultants for proposals on preparation of a Kern
River Component to the General Plan for the City of Bakersfield and
County of Kern, was approved.
Approval of Plans and Specifications
for the Truxtun Avenue Extension
between Westwind Drive and "H" Street.
The project consists of constructing a new roadway
between Westwind Drive and Oak Street, widening the north end of
Bakersfield, California, October 7, 1981 - Page 15
the Oak Street overcrossing, resurfacing Truxtun Avenue between
Oak Street and "H" Street, reducing median widths by 4.5 feet each
side between "A" and "H" Streets, and installing signal systems at
the Oak Street and Truxtun Avenue and "F" Street and Truxtun Avenue
intersections. $563,000 has been budgeted for this work.
Upon a motion by Councilman Ratty, Plans and Specifications
for the Truxtun Avenue Extension between Westwind Drive and "H"
Street, were approved.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 8:45 P.M.
MAYOR%Cit '
ATTEST:
of the City of Bakersfield, California
ma
Calif.
218
Bakersfield, California, October 14, 1981
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., October 14, 1981.
The meeting was called to order by Vice-Mayor Barton,
followed by the Pledge of Allegiance and a moment of silent prayer.
The City Clerk called the roll as follows:
Present: Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Absent: Mayor Shell
SCHEDULED PUBLIC STATEMENTS
Mr. Norman Walters, local citizen, Educator and Minister,
stated he is in favor of the spirit of the proposed ordinance re-
garding the Leash Law for dogs, but does not agree with raising the
fees and felt more thought should be given to it.
CORRESPONDENCE
Upon a motion by Councilman Payne, communication from
Wiley D. Hughes, Inc., dated September 15, 1981, requesting amend-
ment to the General Plan for residential use of property generally
located south of Pacheco Road, approximately 1321 feet west of
Wible Road, was received and referred to the Planning Commission
for study and recommendation.
Upon a motion by Councilman Ratty, communication from
Alexander-Luque, dated October 6, 1981, requesting amendment to
the General Plan for a Light Manufacturing Zone on property generally
located east of South Union Avenue, 750 feet north of White Lane,
was received and referred to the Planning Commission for study and
recommendation.
Upon a motion by Councilman Means, communication from
the City of Lakewood, dated October 2, 1981, recommending two
special programs being organized by their staff for the League of
California Cities Conference in San Francisco, was received and
ordered placed on file.
Bakersfield, California, October 14, 1981 - Page 2
219
Upon a motion by Councilman Rockoff, communication from
City of Hawthorne, dated October 9, 1981, regarding a resolution
urging the State Board of Prison Terms to rescind the early release
date for Sirhah Sirban, the convicted murderer of Robert F. Kennedy,
was received and ordered placed on file.
COUNCIL STATEMENTS
Upon a motion by Councilman Rockoff, public hearing
before the Council on an Appeal by Moreland Engineering, Inc., to
the decision of the Planning Commission regarding the condition
that direct access rights to California Avenue shall be required
from Tentative Parcel Map No. 6316, located in West Bakersfield,
north of California Avenue, east and south of the west portion of
Easton Drive (next to Mervyn's Department Store), was continued
until the Council Meeting of October 28, 1981.
Councilman Rockoff stated he received a reply to a request
he made of staff several weeks ago regarding glare on Highway 178
from lights at the softball diamond adjacent to Mesa Marin.
Councilman Rockoff requested that staff follow-up and let the
CounciJ know what the lighting contractor does to make the light
adjustments to minimize the glare and the results of the Traffic
Engineer's measurement of lighting intensity along Route 178 for
compliance with the Vehicle Code.
REPORTS
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 20-81 regarding Councilmanic
Election Dates, as follows:
On August 26, 1981, the City Council referred
a memorandum from the City Manager to the
Budget Review and Finance Committee for study
and recommendation. The memorandum advised
the City Council of the potential cost savings
by consolidating Councilmanic Elections with
other elections held in November.
This Committee met with and directed staff to
contact the League of California Cities as well
as other cities with regards to the consolidation
of e~ection dates.
220
Bakersfield, California, October 14, 1981 - Page 3
This Committee has reviewed and discussed the
responses from all cities contacted. In each
of the cases where there was a consolidation
of Councilmanic Elections with other elections,
the election dates had been moved ahead and
existing terms extended. Those cities indicated
they have experienced considerable cost savings.
Pursuant to these discussions, staff has advised
this Committee that the City of Bakersfield
could expect a minimal savings of election costs
amounting to 50% by combining the Councilmanic
Elections with the School Board Elections held
in November of the odd numbered years. Since
costs are prorated based upon the number of
items on the ballot, the City's cost would be
further reduced in the event the School Board
were to add more items to the ballot. Using
March, 1981 election as an example (election
costs were $70,000), the City could have saved
approximately $35,000. In addition to the
cost savings, those cities contacted indicated
a higher percentage of voter turnout than had
been experienced for their cities' General
Municipal Elections. They indicated a feeling
that a series of local elections occurring on
different dates throughout the year multiplies
the cost, confuses the voters, and encourages
voter apathy.
This Committee concludes that it would be in the
best interest of the City of Bakersfield, both
financial and increased voter participation,
to consolidate the City's General Municipal
Election with the School Board Elections in
November of the odd numbered years. To effect
such a change, it will be necessary to extend
the terms of three City Councilmen from March,
1983, to November, 1983, and four City Councilmen
from March, 1985, to November, 1985. As such,
this Committee recommends the City Council direct
the City Attorney to prepare and return to the
City Council with the proposed Charter Amendments
necessary to effect a consolidation of the City's
General Municipal Elections with the School
Boards Elections in November of odd numbered
years, beginning with November, 1983.
Councilman Ratty suggested that the Charter Amendment be
worded so that the date of the Council Elections are tied in with
the School Board Election rather ~han a specific date. If the
School Board changes their election date again the City could also
change without going through the expense of another Charter Amend-
ment Election.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 20-81 regarding Councilmanic Election
Dates, was accepted; and the City Attorney was directed to prepare
Bakersfield, California, October 14, 1981 - Page 4
22l
proposed Charter Amendments necessary to effect a consolidation of
the City's General Municipal Election with the School Board Elections
in November of odd numbered years, beginning with November, 1983.
Assistant Public Works Director Schulz presented a report
regarding Traffic Studies at Wenatchee and Renegade and at Auburn
and Eissler, as follows:
Attached is a report from the Traffic Engineer
regarding traffic needs at the intersections of
Wenatchee Avenue and Renegade Avenue and at
Auburn Street and Eissler Street. This report
is in response to the Council's request at the
September 16, 1981, Council Meeting.
Additional controls at the Wenatchee and Renegade
intersection are not warranted at this time.
For the Auburn and Eissler intersection, the
10 to 20 elementary students walking across
the intersection have the option of riding the
bus. This was discussed with the school
administration and they will encourage the
students to ride the bus.
Councilman Rockoff requested that this area, especially
at Auburn Street, be constantly monitored.
Councilman Ratty, Chairman of the Water and City Growth
Committee, read Report No. 5-81 regarding Anheuser-Busch Proposal,
as follows:
On October 3, 1972, the City of Bakersfield
entered into an agreement with Anheuser-Busch,
Inc., whereby the City agreed to the treatment
of the company's waste produced ~rom its yeast
plant. The term of the agreement was for a
period of 30 years.
The original agreement provided initial flow of
200,000 gallons per day. The contract provided
that Anheuser-Busch had the right to double or
triple plant operations after appropriate
notification to the City.
On July 30, 1975, the average flow rate was
increased to 440,000 gallons per day. Recently,
Anheuser-Busch notified the City of its intent
to expand its plant operation in 1982 and its
intent to increase the average flow rate to
600,000 gallons per day, the maximum under the
agreement. In order for the City to accept the
additional 160,000 gallons of daily flow (as
scheduled in 1982) through the plant, it would
be necessary for the City to construct temporary
facilities.
222
Bakersfield, California, October 14, 1981 - Page 5
At the present time, City Waste Water Treatment
Plant No. 3 is operating near its designed
capacity, and the City is planning an expansion
program for the treatment plant, which includes
handling the waste in such a manner that the
waste from Anheuser-Busch Yeast Pla~t would be
separated and not processed through Plant No.
3. This expansion program is scheduled for
completion in 1985.
Anheuser-Busch has made a proposal to the City
which is conceptionally the same as the City's
program of separating the Anheuser waste from
all other waste and implementation of a land
application at the City's Sewer Farm at Plant
No. 3. The proposal would also relieve the
capacity problem.
On July l, 1981, the City Council directed
staff to notify Anheuser-Busch of the City's
agreement, in concept, of their proposal and
to pursue negotiation with Anheuser-Busch.
Pursuant to the direction from the City Council,
staff further examined the proposal of Anheuser-
Busch for a land application at the City's
Sewer Farm south of Plant No. 3 and initially
there was indications of difficulty in imple-
menting the program at that location. As a
result, staff has examined other alternatives,
including acquisition of other land and the
transporting of the effluent to be applied to
farmland south of Waste Water Treatment Plant
No. 2, currently being leased by Garone Farms.
Additional study and evaluation of the Sewer
Farm at Plant No. 3 indicate this location to
be a viable site for the Anheuser-Busch
proposal. This Committee also considers the
farmland south of Plant No. 2 to be a viable
alternative as well.
Although these alternatives appear to be the
most viable and in the best interest of the
City, additional study and evaluation must be
done before a final recommendation can be made
to the City Council.
Anheuser-Busch has notified the City that the
Corporate Policy Committee of Anheuser-Busch
would be meeting on October 22, 1981 and has
requested the City officially notify them as
to the City's intent to lease land to Anheuser-
Busch for their Land Application Program and
the land to be located near Plant No. 2 or
Plant No. 3. As such, this Committee recom-
mends the Council so notify Anheuser-Busch.
In addition, they have requested the decision,
as to which of the two locations, be made by
the City by November 13, 1981. This Committee
and staff will be working diligently to meet
the November 13 date, however, we feel it
Bakersfield, California, October 14, 1981 - Page 6
22:
important to advise the Council that not only
do the referred to alternatives require addi-
tional study, financial considerations must
still be negotiated for any agreement between
the City of Bakersfield and Anheuser-Busch.
Councilman Means stated he is not against the expansion,
but in his opinion, the agreement the City entered into with Lewis
and Falletti Farms was done at the expense of the Lewis family.
Perhaps, because they did not retain an Attorney, they entered into
an agreement that was not in their best interests, even though it
saved the City some money. Councilman Means stated he
the transaction that proceeded this one and, therefore,
no on this transaction.
is against
will vote
Committee
accepted;
approved.
Upon a motion by Councilman Ratty, Water and City Growth
Report No. 5-81 regarding Anheuser-Busch Proposal, was
and recommendations as outlined in the report were
Councilman Means voted in the negative on this motion.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1808 to 1911,
inclusive, in the amount of $243,807.38.
(b)
Claim for Damages and Personal Injuries
from Dewey L. James, Jr., 222 Kincaid
Street, Bakersfield. (Refer to City
Attorney)
(c)
Claim for Damages from New City Cleaners,
1021 8th Street, Bakersfield. (Refer
to City Attorney)
(d)
Request for continuation of Leave of
Absence Without Pay for Cathy L. DeMarah,
Telecommunicator with the Police Depart-
ment. Mrs. DeMarah has been on a 60-Day
Leave of Absence, with Council approval,
which expired October 7, 1981, and the
Police Department has been advised her
doctor will not release her until later
this month. An additional 30-Day Leave
of Absence, through November 5, 1981, is
being requested.
(e)
Street Right-of-Way Deed from Charles L.
& Shirley Leggio, providing right-of-way
at northeast corner of Truxtun Avenue and
Oak Street, necessary for construction of
Truxtun Avenue Extension, Phase 3, between
Westwind Drive and "H" Street.
224
Bakersfield, California, October 14, 1981 - Page 7
(f) Notices of Completion and Acceptance of
Work on the following:
Resurfacing on Hughes Lane and Wilson
Road, Contract No. 81-99 with Granite
Construction Company.
Ashe Water System's Two Million Gallon
Water Storage System, Schedule II, Domestic
Water Well, Contract No. 80-184 with
Irrigation Supply Company.
Ashe Water System's Two Million Gallon
Water Storage System, Schedule III, Welded
Steel Reservoir, Contract No. 80-187 with
Pacific Erectors Corporation.
(g)
Plans and Specifications for resurfacing
California Avenue from Oak Street to "A"
Street, Oleander Avenue from Brundage Lane
to California Avenue, Real Road from
Stockdale Highway to Palm Street and North
Chester Avenue from the City Limits to the
Kern River Bridge.
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (f) and (g) of the Consent Calendar, were adopted by
the following roll call vote:
Ayes
Noes
Absent:
Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
None
None
ACTION ON BIDS
Upon a motion by Councilman Christensen, low bid of James
G. Francis, Contractor, in the amount of $197,559 for resurfacing
White Lane, Hughes Lane to the East City Limits, was accepted, all
other bids rejected and the Mayor was
contract.
Upon a motion by Councilman
authorized to execute the
Strong, low bid of Madonna
Construction Company, in the amount of $75,360, for construction
of curb and gutter in the Lowell Addition Area, Phase II, was
accepted, all other bids rejected and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Payne, low bid of Hollywood
Carpets, Inc., in the amount of $13,505, for Ceramic Tile at the
Police Department, was accepted and all other bids rejected.
Bakersfield, California, October 14, 1981 - Page 8
DEFERRED BUSINESS
Adoption of Ordinance No. 2670 New
Series of the Council of the City of
Bakersfield amending Sections 9.08.050
and 9.08.060 of the Bakersfield Muni-
cipal Code providing for Biennial Dog
Licenses and collection of License
Fees.
Upon a motion by Councilman Rockoff, Ordinance No. 2670
New Series of the Council of the City of Bakersfield amending
Sections 9.08.050 and 9.08.060 of the Bakersfield Municipal Code
providing for Biennial Dog Licenses and collection of License Fees,
was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes: None
Absent: None
Adoption of Ordinance No. 2671 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 2001 and 2015 Westwind Drive.
The application for this amendment was made by Roger W.
Yates and would change subject properties from a C-2-D (Commercial
Architectural Design) Zone to an M-1 (Light Manufacturing) Zone.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2671 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 2001 and 2015 Westwind Drive, finding said zoning consistent
with the General Plan, were adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes: None
Absent: None
226
Bakersfield, California, October 14, 1981 - Page 9
Adoption of Ordinance No. 2672 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of that
certain property in the City of Bakers-
field, commonly known as 1701 New Stine
Road, approving the Preliminary Develop-
ment Plan and making findings in
connection with P.C.D. Zone.
The application for this amendment was made by Melvin D.
Atkinson and would change subject property from a P.C.D. (Planned
Commercial Development) Zone to a revised P.C.D. (Planned Commercial
Development) Zone, consisting of a restaurant with cocktail loung~.
The Planning Commission recommended approval of the zone
change, subject to 12 additions to the plan and made findings
delineated in Section 17.51.070 of the Municipal Code.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2672 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of that certain property in the
City of Bakersfield, commonly known as 1701 New Stine Road, approving
the Preliminary Development Plan and making findings in connection
with P.C.D. Zone, finding said zoning consistent with the General
Plan, were adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes: None
Absent: None
Adoption of Ordinance No. 2673 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of that
certain property in the City of
Bakersfield, commonly known as 6800
Stockdale Highway, and making findings
in connection with P.U.D. Zone.
The application for this amendment was made by Chris A.
Addington & Associates and would change subject property from a
P.U.D. (Planned Unit Development) Zone to a revised P.U.D. (Planned
Unit Development) Zone, consisting of 46 single family dwellings.
Bakersfield, California, October 14, 1981 - Page 10
227
The Planning Commission recommended approval of the
requested zone change, subject to 9 additions to the plan and made
findings delineated in Section 17.51.070 of the Municipal Code.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2673 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of that certain property in the
City of Bakersfield, commonly known as 6800 Stockdale Highway, and
making findings in connection with P.U.D. Zone, finding said zoning
consistent with the General Plan, were adopted by the following
roll call vote:
Ayes: Councilmen Ratty,
Means,
Noes: None
Absent: None
Rockoff, Strong, Barton, Christensen,
Payne
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
relating to the £inancing of the
rehabilitation of Historical Properties
within said City in the interests of
the public health, safety and welfare.
This ordinance establishes the procedure whereby the
City may assist in the rehabilitation of historical property by
acting as a conduit for Revenue Bonds. The City would not incur
any liability or costs pursuant to the issuance of bonds under
this ordinance.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield relating to the financing of
the rehabilitation of Historical Properties within said City in
the interests of the public health, safety and welfare.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield commonly known as 500
West Columbus Street (Conditional).
Bakersfield, California, October 14, 1981 - Page 11
The application for this amendment was made by Mobile-
town Development Corporation and would change subject property
from an MH (Mobilehome) Zone to a C-1 (Limited Commercial) Zone.
The Planning Commission recommends and this ordinance
imposes a condition to "Install a six-foot high chain link fence
to City standards along east property line adjacent to the canal."
Pursuant to Municipal Code Section 17.52.200, the fence
must be installed, or assurance of its installation provided by
way of contract with adequate surety before the ordinance will
return to the Council Agenda for adoption.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield
changing the Land Use Zoning of that certain property in the City of
Bakersfield commonly known as 500 West Columbus Street (Conditional).
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield commonly known as 2301
South Union Avenue (Conditional).
The application for this amendment was made by Hale H.
Costerisan and would change subject property from a C-2-D
(Commercial - Architectural Design) Zone to an M-1 (Light Manu-
facturing) Zone. The Planning Commission recommends and this
ordinance imposes the following conditions:
a. A fire hydrant shall be installed on
South Union Avenue, adjacent to the north
property line.
b. Install curb, gutter, sidewalk and pave-
ment between the existing pavement and
new gutter along South Union Avenue.
Pursuant to Municipal Code Section 17.52.200, the improve-
ments must be installed, or assurance provided by way of contract
with adequate surety before the ordinance will return to the Council
Agenda for adoption.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
Bakersfield, California, October 14, 1981 - Page 12
229
changing the Land Use Zoning of that certain property
of Bakersfield commonly known as 2301 South Union Avenue
tional).
in the City
(Condi-
Adoption of Emergency Ordinance No.
2674 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 for another three months
the date upon which certain nonconforming signs must either be made
to conform or be removed under the City's Sign Ordinance. Staff
review of sign regulations is progressing, but could not be com-
pleted within the original three-month extension.
Upon a motion by Councilman Rockoff, Emergency Ordinance
No. 2674 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:
Strong, Barton, Christensen,
Councilmen Ratty, Rockoff,
Means, Payne
None
Ayes
Noes
Absent: None
Adoption of Resolution No. 76-81 of
the Council of the City of Bakers-
field declaring that it approves the
Cost/Revenue Impact System (CRIS) as
a procedure in evaluating the fiscal
impact of future annexations to and
development in the City of Bakers-
field.
The CRIS Model has been tested with a proposed develop-
ment schedule (Panama Lane No. 3 Annexation) and an annexation
request for a developed area (Kern City). The staff is satisfied
that the model is operational for the effective evaluation of the
long-term fiscal impact of development and annexation with known
development schedules, on Municipal Services. In order to provide
more detailed information on the CRIS Model, a User's Manual has
been prepared with an Addendum detailing the various subsystem
components.
Bakersfield, California, October 14, 1981 - Page 13
Upon a motion by Councilman Ratty, Resolution No. 76-81
of the Council of the City of Bakersfield declaring that it approves
the Cost/Revenue Impact System (CRIS) as a procedure in evaluating
the fiscal impact of future annexation to and development in the
City of Bakersfield, was adopted and the User s Manual with Addendum
was accepted, by the following to21 call vote
Rockoff, Strong, Barton, Christensen,
Payne
Ayes: Councilmen Ratty,
Means,
Noes: None
Absent: None
Adoption Of Resolution No. 77-81 of
the Council of the City of Bakers-
field declaring that it has reviewed,
evaluated and considered the report
on the Cost/Revenue Impact of the
Panama Lane No. 3 Annexation Develop-
ment Proposal and finds it to be
acceptable in terms of its fiscal
suitability for Municipal Services if
annexed to the City of Bakersfield
and developed and occupied according
to the projected schedule contained
in the report.
The Cost/Revenue Impact System (CRIS) has been tested
with a development schedule projected over an 18-year period. The
Cost/Revenue Analysis Summary shows the revenues from projected
development and occupancy should exceed the cost necessary to
provide Municipal Services through the majority of the development
phase and upon project completion, occupancy and utilization.
Upon a motion by Councilman Ratty, Resolution No. 77-81
of the Council of the City of Bakersfield declaring that it has
reviewed, evaluated and considered the report on the Cost/Revenue
Impact of the Panama Lane No. 3 Annexation Development Proposal and
finds it to be acceptable in terms of its fiscal suitability for
Municipal Services if annexed to the City of Bakersfield and
developed and occupied according to the projected schedule contained
in the report, was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes: None
Absent: None
Bakersfield, California, October 14, 1981 - Page 14
Adoption of Resolution No. 78-81 of
the Council of the City of Bakers-
field declaring that it has reviewed,
evaluated and considered the report
on the Cost/Revenue Impact of the
Kern City No. 1 Annexation Development
Proposal and finds it to be acceptable
in terms of its fiscal suitability for
Municipal Services if annexed to the
City of Bakersfield.
The Cost/Revenue Impact System (CRIS) has been tested
with the existing nearly fully developed Kern City Annexation
Proposal. The Cost/Revenue Analysis Summary shows that revenues
produced under normal occupancy and use should exceed the cost
necessary to provide Municipal Services.
Upon a motion by Councilman Means, Resolution No. 78-81
of the Council of the City of Bakersfield declaring that it has
reviewed, evaluated and considered the report on the Cost/Revenue
Impact of the Kern City No. 1 Annexation Development Proposal and
finds it to be acceptable in terms of its fiscal suitability for
Municipal Services if annexed to the City of Bakersfield, was
adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes: None
Absent: None
Upon a motion by Councilman Means, staff was granted
authorization to proceed with the Kern City No. 1 Annexation
process.
Authorization granted to Finance
Department to increase Petty Cash
Fund from $250.00 to $400.00.
This Petty Cash Fund is used to expedite purchases of a
minor nature, which do not exceed $20.00. The Finance Department
Petty Cash Fund is utilized by all departments in City Hall as well
as the Water Department.
Upon a motion by Councilman Rockoff, authorization was
granted to the Finance Department to increase the Petty Cash Fund
from $250.00 to $400.00.
Bakersfield, California, October 14, 1981 - Page 15
Approval of Contract Change Order No.
1 to Contract No. 81-47 with ?umblin
Company for Phase II - South Wing
Addition to Bakersfield City Hall.
This Change Order requests the contractor to construct
permanent partitions in lieu of the proposed portable partitions
on the second floor of the South Wing Addition and to make several
minor adjustments in the project.
Portable partitions were proposed for the second floor
area, but upon staff investigation, it was determined that a
substantial cost savings of approximately $8,000 would result if
the permanent partitions are used. Since the present contractor
is doing like work on the project, the staff
this work by Change Order to the project.
Total cost of this Change Order is
recommends adding
$12,262.00.
Upon a motion by Councilman Rockoff, Contract Change
Order No. I to Contract No. $1-47 with Tumblin Company for Phase
II - South Wing Addition to Bakersfield City Hall, was approved
and the Mayor was authorized to execute same.
HEARINGS
This is the time set for hearing before the Council on
the revocation of a Home Occupation Permit held by William Terry.
The permittee, Mr. William A. Terry, has been notified
of this hearing, pursuant to provisions of the Municipal Code, in
order to allow him an opportunity to appear before the Council to
rebut evidence presented by the Building Department for revocation
of his Home Occupation Permit.
Deputy City Attorney Sherfy, representing the City of
Bakersfield, stated William A. Terry, residing at 4620 Foxboro
Avenue, was granted a Home Occupation Permit on September 4, 1981.
The purpose of this hearing is to present evidence that will
indicate that the permit should be revoked. The Council has the
power to revoke a permit, in accordance with Municipal Code Section
Bakersfield, California, October 14, 1981 - Page 16
17.08.290, upon reasonable notice to the Permittee of a hearing
when the Planning Director reports any persistent violations of
such regulations, and the City contends there have been such
violations. Mr. Sherry then reviewed the following documents:
1. Zoning Violation Report, dated August 13,
1981.
o
City of Bakersfield, Building Department,
Correction Notice No. 004083, dated
August 14, 1981.
Letter from the Office of the City Attorney
to Mr. Terry, dated August 26, 1981, re-
garding the violations and the time period
for correction of said violations.
Letter from the Office of the City Attorney
to Mr. Terry, dated September 14, 1981,
regarding a Home Occupation Permit he
applied for and was granted, and his
violations of that permit.
Letter from the Office of the City Attorney
to Mr. Terry, dated September 23, 1981,
regarding his partial compliance with the
permit regulations and notifying him that
he must completely comply or criminal
action will be taken against him.
Letter from the Office of the City Attorney
to Mr. Terry, dated September 29, 1981,
notifying him of a hearing before the
Council to determine whether or not his
Home Occupation Permit should be revoked.
Copy of pages from the Bakersfield Tele-
phone Directory, dated July, 1981, listing
Mr. Terry's home address as his place of
business.
After being sworn in by the Assistant City Clerk, Building
Inspector II Mickey Collins was questioned by Deputy City Attorney
Sherry about the details of the investigation he conducted and
photographs he took of the violations of the Home Occupation Permit
held by Mr. Terry at 4620 Foxboro Avenue.
Deputy City Attorney Sherry filed 13 photographs taken
by Building Inspector Collins of vehicles parked at 4620 Foxboro
Avenue for the record, with the City Council.
Mr. William Terry, Terry Drilling, stated Mr. Collins
took the pictures like he stated at his convenience. He seen the
Bakersfield, California, October 14, 1981 - Page 17
City truck pass three times in one day and there wasn't a truck
of his in sight. Just as soon as one arrived at his home the City
truck drove up and pictures were taken. He was just out there to
get me. Mr. Terry stated since that time he has complied with the
wishes of the City and there is nothing there now except one truck
in the driveway without equipment on it, and that is the way it
will be from now on.
Deputy City Attorney Sherry stated the reason they are
recommending that the permit be revoked is because they believe
there is a pattern here, a persistent violation of regulations.
Even though he is in compliance now there is no assurance that in
a week or two it will be back the way it was before.
No one else in the audience indicated a wish to address
the Council and Vice-Mayor Barton closed the hearing for Council
deliberation and action.
In answer to a question by Councilman Payne, Deputy City
Attorney Sherry stated if the permit is revoked and Mr. Terry can
provide evidence, to the Council's satisfaction, that he has had
the ad removed from the telephone directory and maintains only one
vehicle at his residence, he would be in compliance with the Home
Occupation Permit specifications and could immediately apply for
another one. There is stronger recourse if he does not comply, it
can be prosecuted in a court of law as a misdemeanor.
During considerable discussion it was brought out that Mr.
Terry's employees come to his home to pick up their payroll checks
and Deputy City Attorney Sherry advised him this was not permissible
under the Home Occupation Ordinance.
Upon a motion by Councilman Means, Home Occupation Permit
held by William Terry, 4620 Foxboro Avenue, was revoked by the
following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton Christensen, Means,
Payne
Noes: Councilman Strong
Absent: None
Bakersfield, California, October 14, 1981 - Page 18
This is the time set for public hearing before the Council
on an Appeal by Cornerstone Engineering, Inc., to the decision of
the Planning Commission regarding a condition set on Parcel Map
No. 6020, located in Northeast Bakersfield, north of Auburn Street,
south and north of Panorama Drive.
This hearing has been duly advertised and the property
owners notified as required by law.
A letter regarding this matter has been received from
Samuel H. Peck, Attorney at Law, 707 South Broadway Street, Los
Angeles, California.
Vice-Mayor Barton declared the hearing open for public
participation.
Mr. Michael Callagy, Cornerstone Engineering, Inc., stated
this is an unusual condition placed on this Parcel Map and they are
requesting that the Council repeal the condition requiring dedication
of a road right-of-way and improvements on said road. This land is
owned by a Trust and had to go through the Courts. The Courts
permitted sale of the land, but not
dedication of any road right-of-way
for the Trust, has written a letter
the improvements nor the
therein. Mr. Peck, Attorney
indicating the Trust's position
in this matter. Mr. Callagy requested release from the dedication
of this road right-of-way, because Mr. Dickinson does not own the
land and the Trust does not have the authority to give that dedication.
If this appeal is not granted the map cannot be recorded. There is
no capacity for Mr. Dickinson to comply and the Trust does not have
the authority from the Courts to proceed and that will stop the
extension of Panorama Drive and Morning Drive. They are respect-
fully requesting approval of the Parcel Map, eliminating the
conditions for road right-of-way dedication and the improvements
thereof.
Mr. Berdell Dickinson stated the 50 acres being held out
of this 250 acres contains producing oilwells and there is no way
they will sell them to him, otherwise they would not have needed
this Parcel Map.
Bakersfield, California, October 14, 1981 - Page 19
No protests or objections being received and no one
else wishing to speak in favor, Vice-Mayor Barton closed the
public portion of the hearing for Council deliberation and action.
In answer to a question by Councilman Means, City
Attorney Oberholzer stated there is clear authority for the City
to impose conditions upon a Parcel Map.
Assistant Public Works Director Schulz, with the aid of
a map, explained the condition placed on this Parcel Map. If this
right-of-way is not dedicated at this time the City could end up,
sometime in the future, with a gap in Paladino Drive and that is
why the condition was placed on the Parcel Map.
After considerable discussion, Subdivision Resolution No.
2 upholding Planning Commission imposition of dedication and improve-
ment requirements on Parcel Map No. 6020 and denying appeal of
Cornerstone Engineering, Inc., was adopted by the following roll
call vote:
Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes: None
Absent: None
This is the time set for public hearing before the
Council on Resolution of Intention No. 950 of the Council of the
City of Bakersfield declaring its intention to order the vacation
of a portion of "O" Street between 38th Street and 40th Street,
adjacent to Block 664, in the City of Bakersfield.
This hearing has been duly posted.
Vice-Mayor Barton declared the hearing open for public
participation.
Mr. Michael Lewis, representing his mother an adjacent
property owner, requested information on this street vacation,
because they are concerned with the drainage on this street.
Assistant Public Works Director Schulz stated the street
is not being closed. The Circulation Plan shows that as a local
Bakersfield, California, October 14, 1981 - Page 20
2. 7
street, which is a 60 foot right-of-way. The dedicated right-of-
way width on that street, right now, is 82½ feet. The City is
simply narrowing the street to the 60 foot right-of-way, which is
standard for "0" Street. The City is vacating an ll¼ foot strip
on the east side of "O" Street and eventually the west side will
be vacated also.
No protests or objections being received Vice-Mayor
Barton closed the public portion of the hearing for Council
deliberation and action.
Upon a motion by Councilman Ratty, Resolution No. 79-81
of the Council of the City of Bakersfield ordering the vacation of
a portion of "0" Street between 38th Street and 40th Street,
adjacent to Block 664, in the City o£ Bakersfield, was adopted by
the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Strong, Barton, Christensen,
Means, Payne
Noes: None
Absent: None
This is the time set for public hearing before the
Council on Resolution of Intention No. 951 of the Council of the
City of Bakersfield declaring its intention to order the vacation
of a portion of Oak Street at Truxtun Avenue, in the City of
Bakersfield.
This hearing has been duly posted.
Vice-Mayor Barton declared the hearing open for public
participation. No protests or objections being received, the
public portion of the hearing was closed for Council deliberation
and action.
Upon a motion by Councilman Ratty, Resolution No. 80-81
of the Council of the City of Bakersfield ordering the vacation of
a portion of Oak Street at Truxtun Avenue, in the City of Bakers-
field, was adopted by the
Ayes: Councilmen Ratty,
Means,
Noes: None
Absent: None
following roll call vote:
Rockoff, Strong, Barton,
Payne
Christensen,
Bakersfield, California, October 14, 1981 - Page 21
ADJOURNMENT
There being no further business to come
Council, upon a motion by Councilman Christensen,
adjourned at 10:05 P.M.
before the
the meeting was
V~-MAYOR or.he City of Bakersfield,
ATTEST:
CITY E rk of the
of the City of Bakersfield, California
ma
Council
Calif.
Bakersfield, California, October 28, 1981
2fl9
Minutes of a regular meeting of ~ne ~ouncil of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., October 28, 1981.
The meeting was called to order by Mayor Shell,
by the Pledge of Allegiance and Invocation in the form of
submitted by David Newquist, Pastor of the First Presbyterian
Church.
The City Clerk called the roll as follows:
Mayor Shell. Councilmen Rockoff, Strong, Barton,
Present:
Christensen, Means, Payne, Ratty
Absent: None
1981, and Regular Meeting of October 7 and 14,
as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. W. C. Robertson, 351 East Roberts Lane,
Minutes of the Special Joint Meeting of September
1981,
followed
a prayer
30,
were approved
presented a
petition signed by approximately 210 people protesting the un-
restricted use of the Kern River bed, from Rosedale to the Kern
River Weirs, for a track for of£-road vehicles. They feel the City
is managing the land with complete disregard to the health and
safety of residents and peaceful users. The vandals and hoodlums
are taking over at the taxpayers expense. Mr. Robertson stated as
long as the area is patrolled the problem is solved. A large number
of people feel they have the right to trespass over private property
to gain access to the river. The property owners in the area are
requesting that the City do something about this problem before
someone gets hurt. Mr. Robertson indicated he would present an
additional petition to the Clerk at a later date.
Mr. A. E. Stuart, Operator of the Kern County Sheriff's
Mounted Posse Barn, stated one o£ the problems is a number of small
children and young girls ride horses in this area and the cycle
groups harass them and this could cause serious injuries to the
rider. Police patrol does alleviate thie problem. Mr. Stuart then
240
Bakersfield, California, October 28, 1981 - Page 2
commented on some of the problems these vehicles and their operators
are causing to the residents of the area.
CORRESPONDENCE
Upon a motion by Councilman Means, communication from
Barratt Los Angeles, 5955 DeSoto Avenue #200, Woodland Hills,
California, dated October 21, 1981, requesting a Public Iprovement
District for installation of sewer, water and storm drain trunk
lines to serve property north and south of Fairview Road between
"H" Street and Union Avenue, was received and referred to staff for
study and recommendation.
SCHEDULED PUBLIC STATEMENTS
(Continued)
Mr. Lewis Ashmore, 301 East Roberts Lane, operator of a
pre-school day care center, stated they are bothered by the dust and
noise created by the off-road vehicles.
Mr. Rich O'Neil, representing the Kern River Parkway
Committee, stated they submitted written correspondence in agree-
ment and sympathy with the residents of the area near the Kern
River bed who are bothered by off-road vehicles and their owners.
Councilman Rockoff stated that each time the people have
come before the Council with problems in the parks, on Chester
Avenue and these off-road vehicles on the river bed they have
indicated that when the areas are patrolled the problems dissipate
quite substantially. Unfortunately it seems we have to patrol
people who cannot live within the reasonable bounds of our society
and that is something the Council has to address.
Upon a motion by Councilman Means, the matter of problems
of unrestricted use of off-road vehicles on the Kern River be~ from
Rosedale to the Kern River Weirs, was referred to the Water and City
Growth Committee for study and recommendation.
Councilman Barton requested that staff furnish the Water
and City Growth Committee with a copy of all the petitions submitted
by Mr. Robertson and also the letter from the Kern River Parkway
Committee.
Bakersfield, California, October 28, 1981 - Page 3
24l
CORRESPONDENCE (Continued)
Upon a motion by Councilman Christensen, communication
from Martin-Mcintosh, Land Surveying & Civil Engineering, dated
October 26, i981, requesting an amendment to the General Plan for
medical offices and associated parking on property commonly known
as 222 - 34th Street, was received and referred to the Planning
Commission for study and recommendation.
Upon a motion by Councilman Ratty, communication from
General Office Machine Company, dated October 19, 1981, requesting
abandonment of an alley located east of "M" Street, north of llth
Street, west of "N" Street and south of California Avenue, was
received and referred to the Planning Commission for study and
recommendation.
Upon a motion by Councilman Barton, communication from
Kern River Parkway Committee, dated October 28, 1981, regarding use
of Off-Road Vehicles in Kern River
and referred to the Water and City
recommendation.
near Manor Street, was received
Growth Committee for study and
Mayor Shell welcomed Pueblo Scouts, Pack 533, of Park
Stockdale, who are present tonight to earn Citizenship Awards by
attending a City Council Meeting.
COUNCIL STATEMENTS
Councilman Barton asked the City Attorney a question
about continuing Segment III of the General Plan Amendment hearing
scheduled for later in tonight's agenda. Councilman Barton stated
the applicant and adjacent property owners are going to meet and
try to work out a compatible use for that property and they would
like that portion of the hearing continued until November 18, 1981.
City Attorney Oberholzer stated the hearing could be held
on all three segments tonight and then the entire General Plan
Amendment hearing continued until November 18, 1981, and no action
should be taken on any of the segments until that time.
242
Bakersfield, California, October 28, 1981 - Page 4
Councilman Means expressed his concerns regarding an
issue before the Water Board and asked if they are going to make a
recommendation to the Council as to whether the Council or Water
Board is going to support or propose some action on the ID IV Tax
and Zone of Benefit i Tax, that are currently being used as a sub-
sidy for the Water Agency.
Councilman Barton stated at the last Water Board Meeting
the City Manager was authorized to pursue the investigation of the
ID IV Tax and that has not been completed at this time.
City Manager Kelmar stated this issue is so complex and
involved that he feels it cannot be resolved in a matter of a couple
of weeks.
Councilman Means made a motion that through the Water
Board the Council make a recommendation within the next four weeks
on the ID IV Tax, Zone of Benefit 1 Tax and Zone of Benefit 7 Tax.
City Manager Kelmar stated he feels that time frame is
unrealistic and does not allow enough time for the Water Board to
gather the information to make a recommendation to the Council.
In answer to a question by Councilman Ratty, City Manager Kelmar
stated he could come back to the Council, at the meeting of November
18, 1981, with a recommendation as to when this information could
be made available to the Council.
Councilman Means stated he would include in his motion
that the staff be requested to come back to the Council with a time
line by November 18, 1981. This motion was unanimously approved.
Mayor Shell announced that the final score in the 6th
Game of
won the
to the Council tonight
High School Government
this subject.
the World Series was Dodgers 9 - Yankees 2 and the Dodgers
1981 World Series.
Councilman Rockoff suggested that the presentation given
on Downtown Redevelopment be offered to the
Classes, because they are very interested in
Bakersfield, California, October 28, 1981 - Page 5
24:t
Upon a motion by Councilman Rockof£, and in accordance
with a request by Kern River Development, Inc., hearing on an
Appeal by Kern River Development, Inc., to the decision of the
Planning Commission denying its application regarding public access
to the Kern River from Tentative Tract No. 4179-A, located east of
Rancheria Road and west of the Kern River, approximately one mile
north of Highway Route 178, was continued until the Council Meeting
of December 16, 2981.
Mayor Shell thanked the Council, staff and hundreds of
people in the community for their kindness and support during her
recent bereavement.
REPORTS
Councilman Barton, Chairman of the Business Development
and Parking Committee, read Report No. 6-81 regarding 19th and
Chester Transit Area Problem, as follows:
On September 22, 1981, the Council received a
letter from the Downtown Business Association
regarding loitering and littering at the inter-
section and surrounding area of 19th and Chester.
Concern was also voiced regarding the Golden
Empire Transit (GET) transfer point located at
this intersection, which apparently is con-
tributing to the loitering and littering
problem.
Since that letter was received, this Committee
has held several meetings with representatives
of GET, the Downtown Business Association, City
staff, and the Chairman of the Mayor's Beauti-
fication Committee in an attempt to resolve these
problems.
The main issue that was discussed centered on
relocating the transfer point from 19th and
Chester to a more suitable location. After
several meetings, it became apparent that this
relocation is not feasible at this time for the
following reasons:
GET is presently negotiating the building
of a new transit terminal, which should be
completed in two to three years. There-
fore, any change would be of a temporary
nature.
o
The transfer point must be located in the
central business district to accommodate
employees and shoppers in the downtown area.
Bakersfield, California, October 28, 1981 - Page 6
Bus transfers should be scheduled at a
central location on a timely basis in
order to make necessary bus changes
without walking too far from one transfer
point to another.
The Con~ittee generally concluded that the
majority o£ riders on the buses were not the
real problem rather it was once again a few
individuals that hang around the bus stops
causing problems for the merchants and the
public. After discussing many possible
solutions, we have concluded, with agreement
from all parties, to recommend the following
for Council approval:
Remove the City benches which are located
in the planter areas at all corners at the
19th and Chester intersection, leaving
only those benches on the sidewalks which
are provided for bus riders.
Have City forces place metal tubing on the
planters which would make it very difficult
to use the planters for sitting or laying
on.
Approve the attached Emergency Ordinance
which in effect would make it unlawful to
walk, stand or sit on planter structures
in this general vicinity. To do so would
be an infraction punishable by a fine of
$50 for the first violation., $100 for the
second, and $250 for the third within a one
year period.
4. City to install additional trash receptacles
in this general area.
o
City to wash down the alley which is located
between 18th and 19th Streets and Eye and
Chester on a regular basis.
Through the cooperation of the Downtown
Business Association and the Mayor's
Beautification Committee request businesses
in the area to wash and/or steam clean the
sidewalks at this intersection on a regular
basis.
City Police Department to increase the
patrol of this area and issue littering
citations to those persons violating the
law.
8. Request Transit District to ban all food
and drink on their buses.
This Committee will continue to monitor this
situation and hopefully these measures will
eliminate the problems.
We would like to again state that by far, the
majority of people using this transit transfer
Bakersfield, California, October 28, 1981 - Page 7
point are law abiding citizens and will not be
affected by our recommendations. Hopefully,
this area will once again become an attractive
area in Downtown Bakersfield as a result of
everyone's endeavors.
Councilman Barton made a motion that Business Develop-
ment and Parking Committee Report No. 6-81 regarding 19th and
Chester Transit Area Problem, be accepted; and recommendations as
outlined in the report approved.
Councilman Christensen stated he felt the bus stops
should be spread around to various locations rather than just on
one corner in the downtown area.
leaning against planters, etc.,
enriching the City coffers.
He also felt that fining persons
is baiting with the intent of
Mr. Michael Morrisroe stated he catches the bus everyday
at that corner and he has not seen anything wrong, except the fumes
from the buses, and does not feel the people should be fined.
City Attorney Oberholzer stated that in accordance with
the proposed ordinance persons may sit on benches, however, it
prohibits sitting on the planters or planter walls.
Mrs. Cassandra Suarez Reynolds, Bakersfield resident,
spoke in opposition to the report regarding problems on 19th Street
and Chester Avenue and the Emergency Ordinance regarding fines.
Councilman Means stated he is concerned about not posting
this area regarding the new laws and the emergency effect of the
ordinance.
After considerable discussion, Councilman Payne offered
a substitute motion that the matter of 19th Street and Chester
Avenue transit area problems be referred to the Voucher Approval
Committee for study and recommendation. This motion was unanimously
approved. (After the recess Councilman Rockoff stated he opposed
the substitute motion and requested that the record show his
opposition.)
Mayor Shell declared a brief recess at 9:30 P.M. and
reconvened the meeting at 9:40 P.M.
246
Bakersfield, California, October 28, 1981 - Page 8
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 12-81 regarding Management
Salaries, as follows:
In December 1980, the City Council entered into
an agreement with Ralph Andersen and Associates
to conduct a management compensation survey and
a performance based compensation system. This
study is now completed and was submitted to the
City Council at the October 7, 1981, City Council
Meeting.
The Governmental Efficiency and Personnel Com-
mittee (GEP) has followed this matter very
carefully and has met with representatives of
Andersen and Associates and the staff on a
regular basis throughout the entire study.
The Council also had an opportunity to
individually express their feelings to repre-
sentatives of Andersen and Associates regarding
a management performance based compensation
system. Through these various meetings, it was
established that the Council's primary goal in
conducting this study was to develop a process
for determining compensation for management
personnel which would be based on the perform-
ance of the individual manager. Secondly, the
study was to assess how the City's current
compensation practices compare with the labor
market and to analyze internal salary relation-
ships to assure they are appropriate.
With these two goals in mind, Andersen and
Associates has completed their study and their
recommendations have been submitted to the City
Council. The GEP Committee has reviewed these
recommendations and has held several meetings
with representatives of the Management Unit to
discuss Anderson and Associates' findings in
detail. As the Council will recall, the
Management Unit had requested a 10% across-the-
board salary increase during last year's
negotiation, however, the Council delayed action
on their request until this study was compelted.
Based on the final recommendations of this
study, the Management Unit's request from last
year, and the City Manager's recommendations,
the GEP Committee has arrived at what they feel
is a fair and equitable salary plan. The salary
increases within our recommendations take into
consideration that the Andersen Study was based
on 1980-81 salaries and the proper internal
salary relationship between the City's various
management classifications. Our recommendations
are as follows:
A. Cost of Living Increases
The GEP Committee will continue to meet
with representatives of the Management
Unit in regards to cost of living and/or
across-the-board salary increases and
make recommendations to the Council.
Bakersfield, California, October 28, 1981 - Page 9
247
B. Performance Based Compensation System
The City Manager will brief the City
Council annually concerning the over-
all process for adjusting management
compensation. This process will provide
the Council with an opportunity to
review the City's overall approach to
management compensation and to provide
staff with initial policy guidelines.
o
The Council will give the City Manager
overall policy guidance regarding
salary adjustments to the overall
management compensation based on such
factors as:
- ability to pay
- compensation survey information
- changes in cost of living
- request of management employees
The City Manager will make recommendations
to the Council regarding individual
salary range adjustments and modifications
to the fringe benefit program which are
needed in order to maintain overall
internal equity within the management
compensation plan and resolve compensa-
tion problems with department heads
and/or representatives of the Manage-
ment Unit.
Legal interpretations of the City Charter
have placed certain limitations on the
extent to which compensation may be used
as a recognition of performance. In this
regard, we have asked the City Manager
to study this area further with the City
Attorney, and if an acceptable program
can be worked out legally, to submit
these ideas back to the GEP Committee.
Salary adjustments effective March 22, 1982,
as follows:
1. A 5% salary increase for the following
classifications:
Deputy City Attorney II; Deputy City
Attorney I; Community Development
Coordinator; Economic Development
Coordinator; Assistant Planning Director;
Civil Engineer IV; Traffic Engineer;
and Assistant Public Works Directors.
2. A 7½% salary increase for the following
classifications:
Building Plan Check Engineer; Auditorium-
Recreation Manager; and Assistant City
Attorney.
Bakersfield, California, October 28, 1981 - Page l0
3. A 10% salary increase for the following
classifications:
Water Manager; Assistant Auditorium-
Recreation Manager; Auditorium-Recreation
Coordinator; Assistant City Managers;
Assistant City Clerk; PersoNel Coordinators;
Communication Coordinator; Insurance
Coordinator; Senior Accountant; Director
of Fire and Development Services;
Building Director; Planning Director;
Deputy Fire Chief; Assistant Fire Chief;
Drill Master; Fire Marshall; Fire
Battalion Chief; Police Chief; Police
Lieutenants; and Public Works Director.
4. A 12½% salary increase for the following
classifications:
Equipment Superintendent; General
Services Superintendent; Park Superin-
tendent; Sanitation Superintendent;
Street Maintenance Superintendent;
Waste Water Treatment Superintendent;
Water Superintendent; Assistant Water
Manager; and Police Captains.
We are further recommending that the salaries
of the City Manager and City Attorney not be
adjusted at this time, however, the GEP Committee
is recommending that the Council meet with these
two individuals in the near future to discuss
salary adjustments with them.
In order to effectuate this report, we are
recommending Council approval of the changes in
the Salary Resolution and a transfer of $76,000
from the Council Contingency Fund to the various
department salary accounts. We further recom-
mend that the remaining one-third cost for the
Ralph Andersen and Associates Study be paid at
this time.
After discussion, upon a motion by Councilman Payne,
Governmental Efficiency and Personnel Committee Report No. 12-81
regarding Management Salaries, was accepted; recommendations as
outlined in the report, were approved; Budget Transfer of $76,000
from the Council Contingency Fund to various department salary
accounts, was approved; and approval was granted to pay the remaining
one-third cost for the Ralph Andersen and Associates study.
Adoption of Resolution No. 81-81 of
the Council of the City of Bakers-
field setting salaries and related
benefits for Officers and Employees
of the City of Bakersfield.
Bakersfield, California, October 28, 1981 - Page 11
049
Upon a motion by Councilman Payne, Resolution No. 81-81
of the Council of the City of Bakersfield setting salaries and
related benefits for Officers and Employees of the City of Bakers-
field, was adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
Noes: None
Absent: None
Public Works Director Hawley presented a report regarding
Status of Adopted Freeway Routes, as follows:
On October 3, 1979, the City Council adopted a
Transportation Plan for the Northeast Area (Rio
Bravo Annexation) of the City. The plan
identifies an adopted freeway route, which
ultimately will serve as the alignment for
State Route 178. In addition, on November 4,
1980, the County of Kern adopted a freeway
route in the Rosedale area which ultimately
will serve the west side of the City.
It is apparent that the State will not be
building freeways in the City in the near
future, therefore, Staff feels that some action
should be taken by the City to protect these
adopted routes.
A decision is necessary as to how these adopted
routes should be incorporated into development
on or adjacent to the route, therefore the staff
had requested a committee of the Planning Com-
mission to evaluate this matter and provide
staff with a recommended course of action. The
Commission committee felt this item is a major
factor in the City's transportation plan and
requested that the City Council provide some
assistance and direGtion in making a decision
in the matter.
Based on the Planning Commission committee
request, Staff is requesting that this matter
be referred to Council's Water and City Growth
Committee for review and recommendation.
Upon a motion by Councilman Rockoff, report from the
Public Works Director regarding Status of Adopted Freeway Routes,
was accepted; and the matter was referred to the Water and City
Growth Committee for study and recommendation.
2. 0
Bakersfield, California, October 28, 1981 - Page 12
The
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
CONSENT CALENDAR
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 1912 to 2345,
inclusive, in the amount of $536,919.54.
Application for Leave to Present Late
Claim for Damages and Personal Injuries
from Raul Rodriquez, Jr., 425 1st Street,
Bakersfield. (Refer to City Attorney)
Claim for Damages and Personal Injuries
from Raymond V. Correa, 1611Rench Road,
Oildale. (Refer to City Attorney)
Claim for Damages and Personal Injuries
from Verneda Ray Pierce, 241 "V" Street,
Bakersfield. (Refer to City Attorney)
Street Right-of-Way Deed from La Hacienda,
Inc., and Southern Pacific Lgnd Company
providing for dedication of a portion of
Mira Monte Drive and State Route 178 east
of Mira Monte Drive; and Street Easement
from La Hacienda, Inc., providing a
continuing easement and right-of-way over
Casa Club Drive for public utilities
purposes. These were requirements of the
Planning Commission for Parcel Map Nos.
6317, 6318 and 6319, located southeasterly
of State Route 178 and Alfred Harrell
Highway.
Map of Tract No. 4347 and Improvement
Agreement with Hinesley Bros. Construction
for construction of improvements therein,
located south of College Avenue, west of
Fairfax Road.
Map of Tract No. 4356 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located north of Ming
Avenue, east of Gosford Road.
Map of Tract No. 4441 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located south of South
Laurelglen Boulevard, east of Gosford
Road.
Map of Tract No. 4469 and Improvement
Agreement with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located north of Olympia
Drive, west of Half Moon Drive.
Notice of Completion and Acceptance of
Work on Automatic Fire Sprinkler System
Yard Facilities for South Wing Addition
to City Hall, Contract No. 81-124 with
Associated Automatic Fire Protection Co.,
Inc.
Bakersfield, California, October 28, 1981 - Page 13
2.51
(k)
Application for Encroachment Permit from
Regional Mortgage Company, 4000 Ming Avenue,
for construction of a 6 foot fence along
side yard at 3701McCourry Street and
adjacent to existing sidewalk. The side
yard is on Vincent Street.
(1)
Application for Encroachment Permit from
Julian Navarro, 3820 Edith Lane, for
construction of a 6 foot wood fence along
the side yard behind the sidewalk at 3820
Edith Lane.
(m)
Application for Encroachment Permit from
Karen L. Jones, 5832 Kingsland, for con-
struction of a 6 foot wood fence and 25
foot sliding gate behind sidewalk area
on Puder Street. The gate shall be
located to provide adequate sight distance.
(n)
Application for Encroachment Permit from
Charles W. Keller, 3900 Teal Street, for
construction of a 3 foot high masonry and
wrought iron fence along back of sidewalk
at 3900 Teal Street.
(o)
Application for Encroachment Permit from
Steven Russell, 3001 Fairfax Road, for
construction of a 4 foot high, open pattern,
wrought iron fence along back of sidewalk
on Fairfax Road and Highland Oaks Drive.
(p)
Plans and Specifications for reconstruction
of Real Road between Chester Lane and
California Avenue.
(q)
Revisions of City Standard Drawings S-3,
Standard Sidewalk and S-4, Standard
Residence Driveway.
(r)
Resolution of Intention No. 952 of the
Council of the City of Bakersfield,
declaring its intention to order the
vacation of a portion of 19th Street,
between Beale Avenue and Owens Street,
in the City of Bakersfield, and setting
Wednesday, November 18, 1981, for hearing
on the matter before the Council.
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(q) and (r) of the Consent Calendar, were adopted by the following
roll call vote:
Ayes:
Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne, Ratty
Noes: None
Absent: None
252
Bakersfield, California, October 28, 1981 - Page 14
ACTION ON BIDS
Upon a motion by Councilman Means, low bid of Kern Turf
Supply, in the amount of $6,029.42, for Six Mowers and Eleven
Edgers for the Public Works Department, was accepted and all other
bids rejected.
Upon a motion by Councilman Payne, complete bid of
Abate-A-Weed, in the amount of $12,981.41, for Chemicals for the
Water Department, was accepted and all other bids rejected.
DEFERRED BUSII~SS
Adoption of Ordinance No. 2675 New
Series of the Council of the City of
Bakersfield relating to the financing
of the rehabilitation of historical
properties within said City in the
interests of the public health, safety
and welfare.
This ordinance establishes the procedure whereby the City
may assist in the rehabilitation of historical property by acting
as a conduit for Revenue Bonds. The City would not incur any
liability or costs pursuant to the issuance of bonds under this
ordinance.
Upon a motion by Councilman Payne, Ordinance No. 2675
New Series of the Council of the City of Bakersfield relating to
the financing of the rehabilitation of historical properties within
said City in the interests of the public health, safety and welfare,
was adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Means, Payne, Ratty
Noes: None
Absent: None
Abstaining: Councilman Christensen
NEW BUSINESS
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located west of Manor
Street, north of the Kern Island
Canal, south of the westerly extension
of Georgia Drive (Conditional).
Bakersfield, California, October 28, 1981 - Page 15
2.63
The application for this amendment was made by Tim
Gannon and would change subject property from an "A" (Agricultural)
Zone and from an FP-S (Floodplain Secondary) Zone to an R-1 (One
Family Dwelling), or more restrictive Zone.
The Planning Commission recommends, and this ordinance
will impose a condition that: "The area within the present Flood-
plain Secondary Zone be raised one foot above the Secondary Flood-
plain elevation, or assurance provided by way of contract with
adequate surety to perform such work prior to formal adoption by
the Council."
Pursuant to Municipal Code Section 17.52.200 the ordinance
shall not be formally adopted by the Council until this condition
has been satisfied, or assurance provided by way of contract with
adequate surety.
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 Bakerfield located west of Manor Street, north of the Kern Island
Canal, south of the westerly extension of Georgia Street (Conditional).
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Title
17 of the Municipal Code changing the
Land Use Zoning of that certain
property in the City of Bakersfield
commonly known as 4001 Auburn Street
and making findings in connection
with a P.C.D. Zone.
The application for this amendment was made by Gary
Giragosian and would change subject property from a C-1-D (Limited
Commercial - Architectural Design) Zone to a P.C.D. (Planned
Commercial Development) Zone, consisting of a proposed restaurant
and cocktail lounge.
The Planning Commission recommended approval of this
zone change request, subject to 14 additions to the plan, and made
the findings delineated in Section 17.47.090 of the Municipal Code.
2. 4
Bakersfield, California, October 28, 1981 - Page 16
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Title 17 of the Municipal Code changing the Land Use Zoning of
that certain property in the City of Bakersfield commonly known
as 4001 Auburn Street and making findings in connection with a
P.C.D. Zone.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Title
17 of the Municipal Code changing the
Land Use Zoning of that certain
property in the City of Bakersfield,
located on the north side of College
Avenue, approximately 800 feet east
of Fairfax Road, and making findings
in connection with P.U.D. Zone.
The application for this amendment was made by Hwei Chih
Hsiu and would change subject property from an R-1 (One Family
Dwelling) and R-2 (Limited Multiple Family Dwelling) Zones to a
P.U.D.
units.
(Planned Unit Development) Zone, consisting of 158 dwelling
zone
made the
Code.
The Planning Commission recommended approval of this
change request, subject to 15 additions to the plan, and
findings delineated in Section 17.51.070 of the Municipal
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Title 17 of the Municipal Code changing the Land Use Zoning of that
certain property in the City of Bakersfield, located on the north
side of College Avenue, approximately 800 feet east of Fairfax
Road, and making findings in connection with P.U.D. Zone.
Approval of Agreement with the Housing
Authority of Kern County to assist in
implementing the Section 8 Moderate
Rehabilitation Program.
At the February 18, 1981, City Council Meeting a
memorandum of intent to enter into subcontract with the Housing
Authority of Kern to assist in the Section 8 Moderate Rehabilitation
Bakersfield, California, October 28, 1981 - Page 17
255
Program was approved. The Council was informed, at that time, that
the final agreement was to be submitted at a later date. This
agreement will provide for rehabilitation inspection services by
Community Development personnel for those units to be assisted and
put under contract by the Housing Authority.
Upon a motion by Councilman Strong, Agreement with the
Housing Authority of Kern County to assist in implementing the
Section 8 Moderate Rehabilitation Program, was approved and the
Mayor was authorized to execute same.
Approval of Modification to Agreement
No. 79-83, with the Carpenter's Local
No. 743 and Kern County C.E.T.A. for
Housing Rehabilitation Assistance.
On May 16, 1979, the City of Bakersfield, in conjunction
with the Carpenter's Local No. 743 and Kern County C.E.T.A., entered
into Agreement No. 79-83 in order to provide for a program to
assist low-income persons with home repairs. This modification
extends the term through September 30, 1982, and provides $50,000
of Block Grant Funds to assist approximately 50 additional eligible
households with materials to make needed repairs. This activity was
included in the 1981-82 Community Development Block Grant Application
approved by the City Council in April, 1981.
Upon a motion by Councilman Rockoff, Modification to
Agreement No. 79-83 with the Carpenter's Local No. 743 and Kern
County C.E.T.A. for Housing Rehabilitation Assistance, was approved
and the Mayor was authorized to execute same. Due to a real or
imaginary conflict of interest, Councilman Christensen abstained from
voting on this matter.
This is the time
HEARINGS
set for public hearing regarding amend-
ment to the Land Use Element of the Bakersfield Metropolitan Area
General Plan concerning the following general areas:
Segment I:
THE CITY OF BAKERSFIELD has applied to
change several land use designations to
achieve consistency with existing zoning
2.56
Bakersfield, California, October 28, 1981 - Page 18
and use for approximately 850.5 acres
located in 38 areas in Northwest
Bakersfield and approximately 462
acres in 47 areas in Southeast
Bakersfield. These amendments will
not effect existing zoning.
Segment II:
THE CITY OF BAKERSFIELD has applied to
change the Open Space designation to
Low Density Residential for approxi-
mately 150 acres located east of Manor
Street, between the Kern River and the
Kern Island Canal.
Segment III:
ROBERT O. McCOY has applied to change
the Commercial designation to Industrial
for 1.5 acres located on the west side
of South Chester Avenue, approximately
130 feet south of Planz Road.
This hearing has been duly advertised and the property
owners notified as required by law.
The Planning Commission approved the Negative Declarations
for Segments I, II and III, and recommended approval of Segments I
and II.
The Planning Commission, after a public hearing held
August 20, 1981, approved the Negative Declaration, but recommended
denial of Segment III, as delineated in Planning Commission
Resolution No. 49-81.
Mayor Shell declared the hearing open for public partici-
pation on Segment I. No protests or objections being received, and
no one wishing to speak in favor, The public portion of the hearing
was closed for Council deliberation and action.
Mayor Shell declared the hearing open for public partici-
pation on Segment II.
Mrs. Cassandra Suarez Reynolds asked several questions
about the development of this land and thanked Director of Fire and
Development Services Needham for his clear and concise answers.
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 on Segment II.
Mayor Shell declared the hearing open for public partici-
pation on Segment III.
Bakersfield, California, October 28, 1981 - Page 19
2.57
Upon a motion by Councilman Barton, actions on Segments
I and II, and public hearing and action on Segment III, regarding
amendment to the Land Use Element of the Bakersfield Metropolitan
Area General Plan, were continued until the Council Meeting of
November 18, 1981.
This is the time set for continued public hearing before
the Council on an Appeal by Moreland Engineering, Inc., to the
decision of the Planning Commission regarding the condition that
direct access rights to Cali£ornia Avenue shall be required from
Tentative Parcel Map No. 6316, located in West Bakersfield, north
of California Avenue, east and south of the west portion of Easton
Drive (next to Mervyn's Department Store).
This hearing has been duly advertised and the property
owners notified as required by law.
This hearing was continued from the meeting of October
14, 1981, at the request of Moreland Engineering, Inc.
Mayor Shell declared the hearing open for public partici-
pation.
Mr. Frank Slinkard, representing Moreland Engineering,
Inc., stated that Condition 6 that denies access off California
Avenue to their property is being appealed. They feel it is not
unreasonable to request one access off California Avenue to serve
the three parcels. The two large parcels will contain office
buildings and have access from Easton Drive, however, they still
feel one access off California Avenue is not unreasonable.
Mr. Larry Eisenhart, Registered Traffic Engineer, stated
he was requested, by the property owners, to look into the reasons
City staff denied access to this property from California Avenue.
Every property, except this one, has access to California Avenue.
He was told by City Staff that California Avenue carries 30,000
cars per day in a 45 mile per hour speed zone. Mr. Eisenhart felt
it is more hazardous to force traffic back and forth through
Mervyn's parking lot (a private facility) rather than provide direct
access onto a public street.
Bakersfield, California, October 28, 1981 - Page 20
Mr. Baron Stinger, Vice-President of Centennial Group,
developer of the property, stated one or two of the front parcels
will be a restaurant and the third a financial institution and
that is why they are concerned with access from California Avenue.
Director of Public Works Hawley stated the City has
limited access along California Avenue. In fact~ all access has
been restricted except at intersections from the E1 Torito
Restaurant down to Lennox Avenue on the north side and to Business
Center Drive on the south side, where there is no driveway access.
It is true there is some from Easton Drive toward Oak Street and
near Stockdale Highway. The City is trying to eliminate access,
where possible, by restricting access points mainly due to the
high volume of traffic along California Avenue.
Traffic Engineer Hahs stated approximately three years
ago the City conducted a study concerning access along California
Avenue and presented the recommendations to the Planning Commission.
The study included signals presently in operation, except the one
at Mervyn's Department Store. At that study level it was deter-
mined that staff would work with Mervyn's engineer, and people
involved with that development, to determine the optimum location
to put that signal and that is where it ended up.
Mr. Stinger stated that the traffic in the right hand
lane is going slow to turn into the various businesses and he
cannot see the problem that would be created by the driveway access
they are requesting.
Councilman Strong stated based on the conversations he
had heard tonight all the alternatives have not been explored. He
would hope this hearing would be continued in order to discuss all
the alternatives.
After considerable discussion, upon a motion by Councilman
Christensen, continued public hearing before the Council on an
Appeal by Moreland Engineering, Inc., to the decision of the Planning
Bakersfield, California, October 28, 1981 - Page 21
Commission regarding the condition that direct access rights to
California Avenue shall be required from Tentative Parcel Map No.
6316, located in West Bakersfield, north of California Avenue, east
and south of the west portion of Easton Drive (next to Mervyn's
Department Store), was continued until the Council Meeting of
November 18, 1981, by the following roll call vote:
Ayes: Councilmen Rockoff, Strong, Christensen, Means
Noes: Councilmen Barton, Payne, Ratty
Absent: None
Councilman Strong requested that the gentlemen who spoke
to the Council tonight regarding access to California Avenue from
Tentative Parcel Map No. 6316 contact him so he can, at their
convenience, go out and view the property.
This is the time set for public hearing before the Council
for hearing protests by persons owning real property within terri-
tory designated as "Panama No. 3" proposed to be annexed to the
City of Bakersfield.
This hearing has been duly advertised and the property
owners notified as required by law.
This is an uninhabited annexation containing 520 + acres
of land located north of Panama Lane, west of Stine Road and south
of the McKittrick Branch of the Southern Pacific Railroad.
Mayor Shell declared the hearing open for public partici-
pation.
Mr. Si Eisner, Portfolio Properties, spoke in favor of
the annexation.
No protests or objections being received, Mayor Shell
closed the public portion of the hearing for Council deliberation
and action.
Upon a motion by Councilman Christensen, Resolution No.
82-81 of the Council of the City of Bakersfield making finding
that a majority protest has not been made and ordering the territory
260
Bakersfield, California, October 28, 1981 - Page 22
designated as Proceeding No. 736, Annexation No. 282 (Panama No.
3) annexed to the City of Bakersfield, was adopted by the following
roll call vote:
Ayes: Councilmen Rockoff, Strong, Barton, Christensen, Means,
Payne,
Noes: None
Absent: None
Ratty
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at ll:00 P.M.
MAy^~ _~~'~/~
kYOR of~e City of~akersfield,
ATTEST:
of the City of Bakersfield, California
ma
Calif.
Bakersfield, California, November 4, 1981
28l
Minutes of a regular meeting of the Council of
of Bakersfield, California, held in the Council Chambers
Hall at 8:00 P.M., November 4, 1981.
The meeting was called to order by Mayor Shell,
the City
of City
followed
by the Pledge of Allegiance and Invocation by Mayor Shell.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Strong, Barton, Christensen,
Means, Payne, Ratty, Rockoff
Absent: None
STUDENT GOVERNMENT DAY PARTICIPANTS
Mayor Shell welcomed and introduced the student counter-
parts for Mayor and members of the Council who will be participating
in the Annual Student Government Day~ November 18, 1981, as follows:
Mayor
Councilman
Councilman
Councilman
Councilman
Councilperson
John Lathrop
Paul Hinds
Nathan Walker
Tim Toller
Glenn Creswell
Ann Johansen
CORRESPONDENCE
South High School
Bakersfield High School
Foothill High School
Garces High School
North High School
West High School
Upon a motion by Councilman Rockoff, communication from
the Greater Bakersfield Chamber of Commerce, dated October 27, 1981,
regarding City Council Elections, was received and ordered placed
on file.
Upon a motion by Councilman Christensen, communication
from Glendale Bonny, Trustee of Ming Avenue Christian Church, dated
October 30, 1981, requesting an amendment to the General Plan for
property located on the southeast corner of Ming Avenue and Canter
Way, commonly known as 4821 Ming Avenue, was received and referred
to the Planning Commission for study and recommendation.
Upon a motion by Councilman Rockoff, communication from
Kern County Builders' Exchange, Inc., dated November 4, 1981,
requesting that the Builders' Exchange name be deleted as one of
the participating organizations in the Chamber of Commerce Govern-
mental Review Committee's "Study of Metropolitan Development Needs,"
was received and ordered placed on file.
Bakersfield, California, November 4, 1981 - Page 2
COUNCIL STATEMENTS
Mr. Jim Treanor, President of the Downtown Business
Association, apologized for not being present at last week's Council
Meeting when the report on the problems at 19th Street and Chester
Avenue was presented by the Business Development and Parking
Committee. They thought the proposed Emergency Ordinance would be
a solution to this problem and did not realize it would cause such
a controversy. The Business Development and Parking Committee put
a lot of work into that ordinance and the Downtown Business
Association will work with the Voucher Approval Committee in order
to resolve the problems.
Councilman Strong requested that a copy of a letter from
a lady who addressed the Council on this subject be furnished to
~r. Treanor.
Upon a motion by Councilman Rockoff, the Council elected
not to become a member of Sister City International, because the
City will not benefit from belonging to this organization.
Councilman Christensen stated, in regard to the Sign
Ordinance, one or two members of the Planning Commission have
indicated that the Council is derelict in their duty by not repealing
or enforcing it. The moratorium hanging over the people's heads
who have signs should be lifted. The Planning Commission should be
given some direction as to what the Council p~ans to do with the
Sign Ordinance because they are going to be confronted with some
special requests for California Avenue where it becomes New Stine
Road.
Councilman Christensen requested a complete report of
the number of enforcements that have been made and number of existing
violations of the Sign Ordinance. It should be either repealed,
enforced or changed.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2346 to 2446,
inclusive, in the amount of $578,145.28.
Bakersfield, California, November 4, 1981 - Page 3
(b)
Claim for Damages and Personal Injuries
from Lonnie Neal, 319 Texas Street,
Bakersfield. (Refer to City Attorney)
(c)
Claim for Damages from Michael A. Carr
and Lori L. Carr, 3101 Agate Street,
Bakersfield. (Refer to City Attorney)
(d)
Map of Tract No. 4352 and Improvement
Agreement with Parkhill Development
Associates for construction of improve-
ments therein, located south of Columbus
Street, east of Pasadena Street.
(e)
Notice of Completion and Acceptance of
Work on Multi-Purpose Building at Planz
Park, Contract No. 81-117 with Denio &
Norcross.
(f)
Application for Encroachment Permit from
Larry Alan Jack, Jr., 900 Nicki Court,
for construction of a 6 foot high wood
fence along back of sidewalk on Monitor
Street, at northwest corner of Nicki
Court and Monitor Street.
(g)
Plans and Specifications for pavement
construction on White Lane, between Ashe
Road and Gosford Road.
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (f) and (g) of the Consent Calendar, were adopted by the
following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen, Means, Payne,
Ratty, Rockoff
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Ratty, low bid of Vangas,
Inc., in the amount of $20,024.46, for Propane (Annual Contract
No. 57182), was accepted, all other bids rejected and the Mayor
was authorized to execute the contract.
Upon a motion by Councilman Barton, low bid of Abate-A-
Weed, in the amount of $10,650.00, for Chemical Application for
Agricultural Water Department (Annual Contract No. 35082), was
accepted, all other bids rejected and the Mayor was authorized to
execute the contract.
Bakersfield, California, November 4, 1981 - Page 4
DEFERRED BUSINESS
Adoption of Ordinance No. 2676 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of that
certain property in the City of
Bakersfield commonly known as 4001
Auburn Street and making findings in
connection with a P.C.D. Zone.
The application for this amendment was made by Gary
Giragosian and would change subject property from a C-1-D (Limited
Commercial - Architectural Design) Zone to a P.C.D. (Planned
Commercial Development) Zone, consisting of a proposed restaurant
and cocktail lounge.
The Planning Commission recommended approval, subject to
14 conditions to the plan, and made findings delineated in Section
17.47.090 of the Municipal Code.
Upon a motion by Councilman Rockoff, Negative Declaration
and Ordinance No. 2676 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of that certain property in the
City of Bakersfield commonly known as 4001 Auburn Street and making
findings in connection with a P.C.D. Zone, finding said zoning
consistent with the General Plan, were adopted by the following
roll call vote:
Ayes:
Councilmen Strong, Barton, Christensen, Means, Payne,
Ratty, Rockoff
Noes: None
Absent: None
Adoption of Ordinance No. 2677 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of that
certain property in the City of
Bakersfiel~ located on the north side
of College Avenue, approximately 800
feet east of Fairfax Road, and making
findings in connection with P.U.D.
Zone.
Bakersfield, California, November 4, 1981 - Page 5
The application for this amendment was made by Hwei Chih
Hsiu and would change subject property from an R-1 (One Family
Dwelling) and R-2 (Limited Multiple Family Dwelling) Zones to a
P.U.D. (Planned Unit Development) Zone, consisting of 158 dwelling
units.
The Planning Commission recommended approval, subject
to 15 conditions to the plan, and made the findings delineated in
Section 17.51.070 of the Municipal Code.
Upon a motion by Councilman Rockoff, Negative Declaration
and Ordinance No. 2677 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of that certain property in the
City of Bakersfield, located on the north side of College Avenue,
approximately 800 feet east of Fairfax Road, and making findings in
connection with P.U.D. Zone, finding said zoning consistent with
the General Plan, were adopted by the following roll call vote:
Councilmen Strong, Barton, Christensen, Means, Payne,
Ratty, Rockoff
None
None
Ayes:
Noes:
Absent:
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 on the east side
of Fairfax Road, approximately one-
half mile north of Panorama Drive
(Conditional).
The application for this amendment was made by Dickinson-
Wadsworth and would change subject property from an R-1 (One Family
Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling), or
more restrictive Zone.
The Planning Commission recommended, and this ordinance
imposes a condition that: "Waiver of vehicular access rights to
Fairfax Road shall be recorded."
Bakersfield, California, November 4, 1981 - Page 6
Pursuant to Municipal Code Section 17.52.200 the
ordinance shall not be formally adopted by the Council until this
condition has been satisfied or assurance provided by way of
contract with adequate surety.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of that certain property in the City
of Bakersfield located on the east side of Fairfax Road, approxi-
mately one-half mile north of Panorama Drive (Conditional).
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 2323
and 2325 South Union Avenue (Condi-
tional).
The application for this amendment was made by James M.
Creech and would change subject property from an R-1 (One Family
Dwelling) Zone to an M-1 (Light Manufacturing), or more restrictive
Zone.
The Planning Commission recommended, and this ordinance
imposes the following conditions:
Install three (3) fire hydrants with a
2,500 gallon-per-minute flow at locations
approved by the Fire Department.
Install curb, gutter, sidewalk and paving
between the existing pavement and new
gutter along South Union Avenue to City
standards.
Install curb, gutter, sidewalk and paving
along South Chester Avenue to Kern County
standards.
Pursuant to Municipal Code Section 17.52.200 the ordinance
shall not be formally adopted by the Council until these conditions
have been satisfied, or assurance provided by way of contract with
adequate surety.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
Bakersfield, California, November 4, 1981 - Page 7
changing the Land Use Zoning of those certain properties in the
City of Bakersfield commonly known as 2323 and 2325 South Union
Avenue (Conditional).
Adoption of Resolution No. 83-81 of
Application of the Council of the
City of Bakersfield proposing Pro-
ceedings for annexation of territory
to the City of Bakersfield identified
as Annexation No. 284 (Kern City No.
2).
On October 14, 1981, the City Council agreed to proceed
with annexation proceedings on approximately 26 acres located south
of Sundale Avenue, in the vicinity of Yorba Linda Drive and Pebble
Beach Drive. The action was prompted by the indication of a
positive net benefit/cost ratio resulting to the City from the
analysis provided by the Cost Revenue Impact System (CRIS) for the
existing developed territory.
Upon a motion by Councilman Means, Resolution No. 83-81
of Application of the Council of the City of Bakersfield proposing
proceedings for annexation of territory to the City of Bakersfield
identified as Annexation No. 284 (Kern City No. 2), was adopted by
the following roll call vote:
Ayes: Councilmen Strong,
Ratty,
Noes: None
Absent: None
Barton, Christensen, Means, Payne,
Rockoff
The term of the agreement is for five years and increases
the minimum basic rental from $300.00 to $400.00 per event and pro-
vides for nominal increases in other rental charges.
Upon a motion by Councilman Rockoff, Agreement between
the City of Bakersfield and the California State College Bakers-
field Foundation for use of Civic Auditorium for playing of
Approval of Agreement between the
City of Bakersfield and the California
State College Bakersfield Foundation
for use of Civic Auditorium for
playing of intercollegiate sports.
Bakersfield, California, November 4, 1981 - Page 8
intercollegiate sports,
to execute same.
Council,
adjourned
was approved and the Mayor was authorized
ADJOURNMENT
There being no further business to come before the
upon a motion by Councilman Christensen, the meeting was
at 8:30 P.M.
-zOR of~t ('ty'of Bakersfield,
MAY OR of t Ci'~//~
Calif.
ATTEST:
CITY Ex of the
of the City of Bakersfield, California
Council
ma
Bakersfield, California, November 18, 1981
Minutes of a regular meeting o£ the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., November 18, 1981.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Reverend Bob LeMaster,
Associate Pastor of the Hilltop Baptist Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Barton,
Christensen, Means,
Payne, Ratty, Rockoff, Strong
Absent: None
Minutes of the regular meetings of October 28, 1981 and
November 4, 1981, were approved as presented.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
Bose McKinney & Evans, Attorneys at Law, l100 First Federal Building,
Indianapolis, Indiana, dated November 4, 1981, regarding Preliminary
Application for Inducement Resolution for C. W. Jackson Bond Trans-
actions, was received and referred to the Business Development and
Parking Committee.
Upon a motion by Councilman Payne, communication from
Nomad Bowmen, Inc., Archer's sponsored by North Bakersfield
Recreation and Parks Department, regarding the possibility of losing
their Archery Range for a Bicycle Path and new Police Pistol Range,
was received and referred to the Water and City Growth Committee.
Upon a motion by Councilman Rockoff, communication from
Golden Empire Transit, dated November 12,
Financial Report for the year ending June
and ordered placed on file.
1981, submitting their
30, 1981, was received
Upon a motion by Councilman Christensen, communication
from Greater Bakersfield Chamber of Commerce to Patrick V. Murphy,
Chief Essential Air Services Division of the Civil Aeronautics
Board, Washington, D. C., dated November 12, 1981, regarding essential
airline service for Bakersfield by Golden West Airlines Company, was
received and ordered placed on file.
Bakersfield, California, November 18, 1981 - Page 2
COUNCIL STATEMENTS
Councilman Barton made a motion that a letter from the
Kern County Board of Supervisors to the Mayor regarding essential
air service to the Bakersfield area be received, placed on file and
the Mayor requested to write the necessary communication, on behalf
of the Council, to the Civil Aeronautics Board in support of Golden
West Airlines providing air service to the Bakersfield area.
Councilman Christensen offered a substitute motion that
the City Attorney study the matter and assist the Mayor in writing
the letter to the Civil Aeronautics Board.
Councilman Barton indicated he would amend his motion to
include the City Attorney's assistance in writing the letter, however,
there is a time factor involved due to hearings before the C.A.B.
Councilman Christensen withdrew his substitute motion.
Councilman Barton's amended motion that the letter from
the Kern County Board of Supervisors to the Mayor regarding essential
air service to the Bakersfield area be received, placed on file and
the Mayor and City Attorney requested to write the necessary
communication, on behalf of the Council, to the Civil Aeronautics
Board in support of Golden West Airlines providing air service to
the Bakersfield area, was approved.
Upon a motion by Councilman Ratty, Annexation Policies, as
presented at the Workshop Session earlier this evening, were referred
to the Water and City Growth Committee for study and recommendation.
REPORTS
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 21-81 regarding Multi-Family
Mortgage Revenue Bonds' Inducement Resolution, as follows:
Recently the City Council received correspondence
regarding tax exempt multi-family mortgage revenue
bonds. The correspondence was referred to the
Budget Review and Finance Committee for study
and recommendation.
This Committee has met with representatives of
underwriters and financial institutions to
Bakersfield, California, November 18, 1981 - Page 3
271
review the general concept of multi-family
mortgage revenue bonds as well as allow the
representatives to present their individual
proposal with regards to the program.
Conventional methods of financing apartments
have been economically difficult for sometime
due to the high cost of borrowing. The mortgage
revenue bonds' program is designed to help
public local agencies encourage private enter-
prise to provide apartment development. The
program enables savings and loan associations,
banks and other mortgage lenders with existing
pools of single-family mortgage loans, to pro-
vide low cost construction and permanent
financing to developers of multi-family housing
projects. The single-family mortgage loans are
used to collateralize the bond issue. The
program requires 20% of the units to be occupied
by persons of low or moderate income as defined
in HUD's Section 8 Program.
The program affords low-cost financing for the
developer while enabling it to deal directly
with local mortgage lenders. The program will
set a maximum rate which will be charged to the
developer on the multi-family mortgage loan.
This Committee feels the City of Bakersfield is
in need of apartment development and the City
can encourage private developers to provide
such apartment housing through a program of tax
exempt mortgage revenue bonds. However, this
Committee feels additional study must be made
of individual programs prior to this Committee's
recommendation o£ a specific program and the
adoption of same by the City Council.
Recent discussion by the current administration
in Washington, D.C. has indicated the possibility
of this program being discontinued. So as to
allow the City to proceed as the Council desires,
this Committee recommends the City Council adopt
a resolution enabling the City of Bakersfield
(if the Council so desires, at some future date)
to proceed with a program of tax exempt mortgage
revenue bonds. The resolution does not adopt
any specific program nor authorize any under-
writer or financial institution to proceed at
this time. In conclusion, this Committee recom-
mends the City Council accept this report and
adopt the resolution.
Councilman Payne stated that the report recommends further
study of individual proposals and he asked who is being recommended
to conduct that study.
Councilman Rockoff stated he felt it should be the Budget
Review and Finance Committee.
27'2
Bakersfield, California, November 18, 1981 - Page 4
Councilman Payne stated that time is of the essence on a
program such as this and requested that the Budget Review and
Finance Committee act on the proposals in a timely manner so the
developers can get an answer as soon as possible.
City Manager Kelmar stated the City has received proposals
from organizations that want to conduct this type of activity for
the City. Those proposals have been heard and staff is in the'
process of contacting other cities who have gone through this to
hear their pros and cons regarding the different programs. Once
those comments are received it will move very rapidly.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 21-81 regarding Multi-Family Mortgage
Revenue Bonds' Inducement Resolution, was accepted.
Adoption of Resolution No. 84-81 of
the Council of the City of Bakers-
field authorizing the issuance of
Bonds for the purpose of making a
loan to lender to finance Multi-
Family Residential Rental Structures
for occupancy by persons and families
of low and moderate income.
Upon a motion by Councilman Rockoff, Resolution No. 84-8].
of the Council of the City of Bakersfield authorizing the issuance
of Bonds for the purpose of making a loan to lender to finance
Multi-Family Residential Rental Structures for occupancy by persons
and families of low and moderate income, was adopted by the following
roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff, Strong
Noes: None
Absent: None
Councilman Ratty, Chairman of the Water and City Growth
Committee, read Report No. 6-81 regarding Agreement with Anheuser-
Busch, as follows:
On October 3, 1972, the City of Bakersfield
entered into an agreement with Anheuser-Busch,
Inc., whereby the City agreed to the treatment
Bakersfield, California, November 18, 1981 - Page 5
273
of the Company's waste produced from its yeast
plant. The term of the agreement was for a
period of 30 years.
The original agreement provided initial flow of
200,000 gallons per day. The contract provided
that Anheuser-Busch had the right to double or
triple plant operations after appropriate noti-
fication to the City.
On July 30, 1975, the average flow rate was
increased to 440,000 gallons per day. Recently,
Anheuser-Busch notified the City of its intent
to expand its plant operation in 1982 and its
intent to increase the average flow rate to
600,000 gallons per day, the maximum under the
agreement. In order for the City to accept the
additional 160,000 gallons of daily flow (as
scheduled in 1982) through the plant, it would
be necessary for the City to construct temporary
facilities.
At the present time, City Waste Water Treatment
Plant No. 3 is operating near its designed
capacity, and the City is planning an expansion
program for the treatment plant which includes
handling the waste in such a manner that the
waste from Anheuser-Busch yeast plant would be
separated and not processed through Plant No. 3.
This expansion program is scheduled for com-
pletion in 1985.
Anheuser-Busch has made a proposal to the City
which is conceptionally the same as the City's
program of separating the Anheuser waste from
all other waste and implementation of a land
application program of waste disposal at the
City's Sewer Farm at Plant No. 3. The proposal
would also relieve the capacity problem.
On July l, 1981, the City Council directed staff
to notify Anheuser-Busch of the City's agreement,
in concept, of their proposal and to pursue
negotiation with Anheuser-Busch.
Pursuant to those negotiations, the City Council
acted to officially notify the Corporate Policy
Committee of Anheuser-Busch of the City's
intent to lease land to Anheuser-Busch for their
land application program.
Subsequent to the October 14, 1981 Council
action, negotiations, including financial
considerations, have been concluded and are
enumerated in the attached Land Application
Agreement and Lease Agreement. The agreements
will be for the period through December 31,
2002 and in consideration of certain long-term
improvements which will contribute towards the
development of the City's Sewer Farm, the City
will pay Anheuser-Busch $100,000 annually for
the first ten years. The annual payment for
the remaining ten years will be reduced to
$86,000 in consideration of the increased value
of water being furnished to Anheuser-Busch.
974
Bakersfield, California, November 18, 1981 - Page 6
In conclusion, this Committee recommends the
City Council approve this report and authorize
the Mayor to execute the Land Application
Agreement and Lease Agreement between the City
of Bakersfield and Anheuser-Busch, Inc.
Upon a motion by Councilman Ratty, Water and City Growth
Committee Report No. 6-81 regarding Agreement with Anheuser-Busch,
was accepted; and the Land Application Agreement and Lease Agree-
ment between the City of Bakersfield and Anheuser-Busch, Inc.,
were approved and the Mayor was authorized to execute same.
Councilmen Means voted in the negative on this motion.
City Manager Kelmar reported on Improvement District No.
4 and Zones of Benefit, as follows:
At the Council Meeting of October 28, 1981,
Councilman Means expressed his concerns regarding
Improvement District No. 4 and Zones of Benefit.
As a culmination of that discussion there was a
directive for the City Manager to report back
to the Council with some type of time frame,
which some of these complex issues could be
worked out. After meeting with a number of
individuals, over the past few weeks, and the
more involved he became with the issues the
more complex they seem to be.
Regarding Zone of Benefit One: In the formation
of the Kern County Water Agency and immediately
subsequent to that, in negotiations that the
Agency was entering into with these contracts
with the State for the importation of water
and in negotiations with various districts in
Kern County, some things came to light in terms
of questions regarding the farmers ability to
pay for water, as well as concerns about what
the economic benefit of an agricultural industry
was to areas that were surrounding the agri-
cultural areas. The culmination of those issues
resulted in what is known as the "Zone of
Benefit One Assessment," which all taxpayers
west of the Tehachapis pay. Basically, what
it represents is the difference between what
the actual cost of the water is that the Kern
County Water Agency pays for and what the
agricultural interests pay. The differential
was predicated on what they considered the
economic benefit to the surrounding areas. At
that point in time there were studies conducted
to justify this Zone of Benefit. Those studies
were done approximately 20 years ago. One of
the issues, as he sees it, basically, with the
bill increasingto the point where in two years
this differential will amount to about $10,000,000
and in another ten years it can conceivably be
$18,000,000, it might be time for another study
to be conducted to see just what the ability
Bakersfield, California, November 18, 1981 - Page 7
275
of the farmer is today to pay in relation to
what he will pay at that point in time; and
also, what is the economic benefit to the urban
areas.
Another concern is; presently the urban area
is paying about 25% of this total bill. If the
independent oil producers' lawsuit against Kern
County's taxing methods of oil should win, then
it is apparent the urban area would pay a larger
portion of that bill.
At this point may be the Water Agency should
consider conducting studies that might bring
the data up to today's time frame. Just how
long that study would take, or whether the Agency
would be willing to conduct it, cannot be
responded to at this point. Another consideration
is; what legal remedies, if any, would the City
Council have in regard to any of these issues.
This would also entail a certain amount of
research by the City Attorney.
Regarding Improvement District No. 4: In the
early 1970's there was considerable concern
about the declining water table in the urban
area and through a vote of the electorate a
district was formed called'~mprovement District
No. 4." It involves not only the boundaries
of the City of Bakersfield, but an area outside
the City as well. Basically, the purpose was
to import water into the urban area for con-
sumption and use by the urban populace. In
addition there was a bond issue authorized of
about $17,500,000, which involved the district
participating in the construction of the Cross
Valley Canal, Treatment Plant and certain water
distribution facilities.
Out of that developed what is known as the "Zone
of Benefit No. 7," which is a tax that the tax-
payers within "Improvement District No. 4" pay
for the cost of the allocation of water that is
brought into "Improvement District No. 4."
In addition to that, there is the "Improvement
District No. 4" operations, which involve the
operation of the Treatment Plant, participation
in the Cross Valley Canal and maintenance on
some of the distribution facilities. That
operation is funded by what is known as Pump
Tax and by contracts with the three water
purveyors in the urban area.
Basically, the bottom line in this particular
issue is; should a Board, such as the Kern
County Water Agency, who for all intent and
purposes represents the agricultural interests,
manage the water supply of the urban area or
should there be a separate Board that would be
comprised of representatives from the urban
area to manage the urban area's water supply.
This concern has been expressed for a number of
years and it has come about from, basically,
278
Bakersfield, California, November 18, 1981 - Page 8
how "Improvement District No. 4" has been
managed and concerns people have had over the
management of the water supply in the urban
area.
The Water Board authorized the City's Water
Consultant to prepare a document that would
modify the Agency Act to enable the creation of
a separate Board, which would be elected from
within "Improvement District No. 4," to manage
the operations of "Improvement District No. 4."
That document has been given to the Water
Agency and the City has not received a response.
This is a very complex issue and in order to
respond, as to a time frame when these concerns
could be fully investigated, cannot be responded
to without having discussions with the City's
Consultants or knowing how far the Council is
interested in pursuing these issues.
It is suggested that the Water Board be directed,
by the Council, to review these issues and come
back with regular progress reports on how the
matters are being pursued and what the results
are.
Councilman Means stated one of his main concerns is,
what actions could be taken by the City Council or people who are
affected by'Zone of Benefit No. 1 TaX'to stop paying that tax.
After further discussion, Councilman Means stated he is
concerned because the Board of Supervisors are holding a hearing
on December 7, 1981. The Council has begun discussions on "I.D. 4,"
but a large concern is what happens with the "Zone of Benefit One
Tax" that we pay and get very little, if any, benefit out of. The
Council, at least, discuss the issue and have some sort of hearing
or committee discussion that will come back to the Council with a
recommendation on what to do about the "Zone of Benefit One Tax."
The City's only avenue at this point it to have an impact with the
Board of Supervisors in order to make any kind of recommendation.
It is critical, if we are concerned about the taxpayers that live
in the City of Bakersfield, that the Council take some sort of
stand. It is complex and the answers are not all known, but he
does not understand why the Council cannot hold a public hearing
on the "Zone o£ Benefit One Tax" to listen to both the pros and
cons. This should be done so a recommendation can be made to the
Board of Supervisors on December 7, 1981.
Bakersfield, California, November 18, 1981 - Page 9
277
Upon a motion by Councilman Means, the Water and City
Growth Committee was requested to meet with staff (City Manager,
City Attorney, Water Staff and Consultants), and make a recommendation
to the Council on December 2, 1981, if possible, as to support or
opposition to "Zone of Benefit One Tax."
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2447 to 2716,
inclusive, in the amount of $518,031.94.
(b)
Claims for Damages and Personal Injuries
from Willie Lee Herron, Sr. and Willie
Herron, Jr., Patrick Randolph Herron and
Kevin Rey Herron, by their guardian ad
litem, Willie Lee Herron, Sr., 717 Watts
Drive, Bakersfield. (Refer to City
Attorney)
(c)
Claim for Damages and Personal Injuries
from Edward Williams, 1517 Reese Avenue,
Bakersfield. (Refer to City Attorney)
(d) DELETED
(e)
Claim for Damages from James L.
4821 Surrey Lane, Bakersfield.
City Attorney)
Parks, Jr.,
(Refer to
(f)
Claim for Damages from Carlos Jiminez,
1342 East 77th Place, Los Angeles,
California. (Refer to City Attorney)
(g)
Request from Richard S. Burright for
annexation of property located at 200
South Real Road. (Refer to Planning
Commission for study and recommendation)
(h)
Approval of Subcontractors for Contract
Nos. 81-129 and 81-168 with Madonna
Construction Company for construction of
curbs and gutters in the Lowell Addition.
The subcontractors are United Electric
for signal relocation for Contract No.
81-129 and Moreland Enterprises for
concrete work for Contract No. 81-168.
(i)
Street Right-of-Way Deed £rom Robert M.
and Susan P. Payne and Richard and
Zenaida E. Mansoor providing additional
right-of-way on Eureka Street at north-
west corner of Baker and Eureka Streets.
(J)
Grant Deed from Tenneco Realty Development
Corporation for a Drainage Retention Basin
in Tract No. 4356, which serves a portion
of the area east of Gosford Road, north of
Ming Avenue.
Bakersfield, California, November 18, 1981 - Page 10
(k) Notices of Completion and Acceptance of
Work for:
Construction of California Avenue Traffic
Signal at Mervyn's, Contract No. 81-82 with
Safety Electric Corporation.
Parking Lot Improvements at Bakersfield
City Hall, Contract No. 81-158 with
Griffith Company.
Tract No. 4465, Contract No. 81-56 with
Coleman Construction, Inc., located at
Ming Avenue and Barrington Street.
Tract No. 4356, Contract No. 81-161 with
Tenneco Realty Development Corporation,
located at Ming Avenue and Calle Hija.
(i)
Application for Encroachment Permit from
the Brower Building for construction of
5 tree wells and planting of 5 trees at
the southeast corner of 19th and Eye
Streets.
(m)
Application for Encroachment Permit from
Tolladay Construction, Inc., 5644 East
Westover, Fresno, California, for con-
struction of a temporary chain-link fence
at the northwest corner of White Lane and
Wilson Road.
Upon a motion by Councilman Means, Items (a), (b), (c),
(e), (f), (g), (h), (i), (j), (k), (1) and (m) of the Consent
Calendar, were adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff, Strong
Noes; None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Christensen, low bid of
Rackshelf Company, in the amount of $75,428.54, for Mezzanines and
Storage for General Services area and Parts Room at the Corporation
Yard, was accepted and all other bids rejected.
Upon a motion by Councilman Rockoff, usual bidding
requirements were dispensed with, in accordance with Section
5.20.060 of the Municipal Code, and the Finance Operations Manager
was authorized to negotiate a price with Wastequip, Inc., Davis,
California, not to exceed the amount budgeted, for a Side Closing
Loader Bucket.
Bakersfield, California, November 18, 1981 - Page ll
27'9
Upon a motion by Councilman Rockoff, usual bidding
requirements were dispensed with, in accordance with Section
5.20.060 of the Municipal Code, and the Finance Department was
authorized to negotiate a price with Caltrans, not to exceed the
amount budgeted, for emergency replacement of a Traffic Signal
Controller at Ming Avenue and Wible Road.
HEARINGS
This is the time set for public hearing before the Council
on an Appeal by Carol Benston, et al, to the decision of the
Planning Commission granting application of Edward L. Armstrong,
to change the zoning boundaries from a C-1 (Limited Commercial)
Zone to a C-2 (Commercial) Zone, a£fecting that certain property
in the City of Bakersfield commonly known as 240 Oak Street.
This hearing has been duly advertised and the property
owners notified as required by law.
The Planning Commission approved the requested zone change
subject to the condition the owner construct a 6-foot high masonry
wall along the east property line, dropping to 4 feet in front of
the apartment complex on the adjacent property to the east.
If the appeal is denied this hearing should be considered
first reading of the ordinance changing the Land Use Zoning, subject
to the installation of the masonry wall, or assurance of its
installation provided by way of contract with adequate surety,
prior to returning to the Council Agenda for adoption.
Mayor Shell declared the hearing open for public partici-
pation.
Carol Benston, 211 Oakbank Road, presented 9 photographs
of her neighborhood and requested that this request for C-2 zoning
be denied because it will have a detrimental effect on her neighbor-
hood. There are already 5 restaurants within a 3 block range and
this creates numerous problems for the people living there. They
recognize it is a commercial district, however, they only want a
fair chance at coexistence with the businesses already there.
Bakersfield, California, November 18, 1981 - Page 12
Stephanie Lynch, i50 Oakbank Road, cited some of the
problems created in residential neighborhoods where there are C-2
zonings and requested that the Council deny this application.
Mr. John Dumler, 220 Oakbank Road, his property faces
the property in question and they do not want to deprive Mr.
Armstrong from making a living, but they are not in favor of this
C-2 zoning. Mr. Dumler cited some of the problems that have been
created in their neighborhood after the Planning Commission granted
a C-2 Conditional Zoning to a businessman who made promises that he
did not keep. The people in that neighborhood will have to live
with whatever decision is made by the Council tonight.
Mrs. Maxine Dumler, 220 Oakbank Road, expressed her
opposition to this request for C-2 zonin~ and requested that the
Council deny the application.
Mr. Robert Clerico, property owner of 3115 Oak Place,
stated he does not oppose the C-2 zoning. In answer to a question
by Councilman Rockoff, Mr. Clerico stated he does not live on the
property.
Mr. Mel Khachigian, 2005 Wesley Court, representing Bruce
Asajan of Fresno who entered into a lease agreement with Mr.
Armstrong and he intends to open a wheel and tire store, stated he
was present to answer questions of the Council.
Mr. Edward L. Armstrong, application and property owner,
stated he has tried to be a good neighbor and do what the surrounding
residents want. Mr. Armstrong stated he has a list of property
owners in the area who do not object to the C-2 zoning and requested
the Council to grant his application.
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 Payne made a motion to deny the appeal of
Carol Benston, et al, and grant application of Edward L. Armstrong
Bakersfield, California, November 18, 1981 - Page 13
to change the zoning boundaries from a C-1 (Limited Commercial)
Zone to a C-2 (Commercial) Zone, affecting that certain property
in the City of Bakersfield commonly known as 240 Oak Street.
Councilman Ratty requested staff to investigate the
complaints made tonight by residents of this area regarding the
elevation of a 6 foot high wall, smell and health hazard from
dumpsters at various restaurants on Oak Street, direction from the
Board of Zoning Adjustment that satisfactory landscaping be
installed, garbage being picked up between the hours of 4:00 and
5:00 a.m. and enforcing conditions placed on properties by the
Planning Commission and Board of Zoning Adjustment.
Director of Fire and Development Services Needham stated
an investigation would be made and a report made to the Council at
the next meeting.
Councilman Ratty also requested that, with the approval
of surrounding residents, the Council consider placing a "No
Parking" restriction on Bank Street to Olive Street.
After considerable discussion, Councilman Means offered
a substitute motion to adopt Zoning Resolution No. 284 denying
application of Edward L. Armstrong to amend Title Seventeen of the
Bakersfield Municipal Code by changing the Land Use Zoning of that
certain property in the City of Bakersfield commonly known as 240
Oak Street, which was approved by the following roll call vote:
Ayes: Councilmen Christensen, Means, Ratty, Rockoff
Noes: Councilmen Barton, Payne, Strong
Absent: None
This is the time set for continued hearing regarding
amendment to the Land Use Element of the Bakersfield Metropolitan
Area General Plan concerning the following general areas:
Segment I:
THE CITY OF BAKERSFIELD has applied to
change several land use designations to
achieve consistency with existing zoning
and use for approximately 850.5 acres
located in 38 areas in Northwest Bakers-
field and approximately 462 acres in 47
areas in Southeast Bakersfield. These
amendments will not ef£ect existing zoning.
Bakersfield, California, November 18, 1981 - Page 14
Segment II:
Segment III:
THE CITY OF BAKERSFIELD has applied to
change the Open Space designation to Low
Density Residential for approximately
150 acres located east of Manor Street,
between the Kern River and the Kern Island
Canal.
ROBERT O. McCOY has applied to change the
Commercial designation to Industrial for
1.5 acres located on the west side of
South Chester Avenue, approximately 130
feet south of Planz Road.
The hearing was duly advertised and the property owners
notified as required by law.
The Planning Commission approved the Negative Declarations
for Segments I, II and III, and recommended approval of Segments I
and II.
August
denial of Segment III, as delineated
Resolution Np. 49-81.
The public hearing on Segments
the Council Meeting of October 28, 1981,
November 18, 1981, for Council action.
Segment III was opened at the Council
and continued until November 18, 1981.
The Planning Commission, after a public hearing held
20, 1981, approved the Negative Declaration, but recommended
in Planning Commission
I and II was closed at
and continued until
The public hearing on
Meeting of October 28, 1981,
Mr. Joseph Kroeker, 3601 South Chester Avenue #59, stated
he is opposed to Segment III because of the noise and air pollution
the industrial use of this property would cause.
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 on Segment III.
Upon a motion by Councilman Barton, Resolution No. 85-81
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 2-81), was adopted by the following roll call
Bakersfield, California, November 18, 1981 - Page 15
vote:
Ayes:
Noes:
Absent:
Councilmen Barton, Christensen, Means,
Rockoff, Strong
None
None
Upon a motion by Councilman Barton,
Payne, Ratty,
Resolution No. 86-81
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration with Mitigation Measures and approving Segment
II of proposed amendment to the Land Use Element of the Bakersfield
Metropolitan Area General Plan (Land Use Element 2-81), was adopted
by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff, Strong
Noes: None
Absent: None
Upon a motion by Councilman Barton, Resolution No. 87-81
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and disapproving and denying Segment III of
proposed amendment to the Land Use Element of the Bakersfield
Metropolitan Area General Plan (Land Use Element 2-81), was
adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Rockoff,
Strong
Noes: Councilman Ratty
Absent: None
This is the time set for continued public hearing before
the Council on an Appeal by Moreland Engineering, Inc., to the
decision of the Planning Commission regarding the condition that
direct access rights to California Avenue shall be required from
Tentative Parcel Map No. 6316, located in West Bakersfield, north
of California Avenue, east and south of the west poriton of Easton
Drive (next to Mervyn's Department Store).
The hearing was duly advertised and property owners notified
as required by law.
9,84
Bakersfield, California, NOvember 18, 1981 - Page 16
This hearing was continued from the Council Meeting of
October 28, 1981.
Mr. Baron Stinger, Vice-President of Centennial Group,
developer of the property, stated they met with Councilman Strong
and City staff and he came away from the meeting with the impression
the matter could be worked out favorably. They are requesting a
single curb cut onto California Avenue.
No protests or objections being received, and no one
else wishing to speak in favor, Mayor Shell closed the public
portion of the hearing for Council deliberation and action.
Councilman Payne made a motion to uphold the Appeal by
Moreland Engineering, Inc., to the decision of the Planning Com-
mission and grant the single curb cut on California Avenue.
Public Works Director Hawley stated at the last meeting
there was some question as to whether or not this property had
legal access to use the drives towards the east. Staff checked and
there are no dedicated accesses to enable this property to use the
drives to exit at the traffic signal in front of Mervyn's. The
Planning Commission recommended, based on staff recommendations,
that the access rights along California Avenue be dedicated to the
City. In discussions with Mr. Stinger it was indicated that the
Director of Public Works would recommend that if any access rights
be permitted that it be limited to one location adjacent to Lots 1
and 2 and designed similar to the driveway location that serves
the shopping center just south of Easton Drive. In other words,
similar to a street type intersection. This type of access will
permit vehicles to enter onto and off of California Avenue without
slowing traffic. Based on those two recommendations this is some-
thing the City can live with as far as the Traffic Section is
concerned.
Councilman Payne's motion to adopt Subdivision Resolution
No. 3 upholding Appeal of Planning Commission requirements on Parcel
Bakersfield, California, November 18, 1981 - Page 17
Map No. 6316, was adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty,
Strong
Noes: Councilman Rockoff
Absent: None
This is the time set for public hearing before the
Council on Resolution of Intention No. 952 of the Council of the
City of Bakersfield declaring its intention to order the vacation
of a portion of 19th Street, between Beale Avenue and Owens Street,
in the City of Bakersfield.
This hearing was duly posted.
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 Strong, Resolution No. 88-81
of the Council of the City of Bakersfield ordering the vacation of
a portion of 19th Street, between Beale Avenue and Owens Street, in
the City of Bakersfield, was adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff, Strong
Noes: None
Absent: None
This is the time set for public hearing before the
Council on Proposed Negative Declaration on proposal to develop a
4.5-acre Drainage Detention Basin located at the northeast corner
of Fairfax Road and College Avenue.
The project is a portion of the Shalimar Planned Drainage
Area. Sufficient funds are available for land acquisition and
development from the 1981-82 Public Works Department budget.
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. 89-81
of the Council of the City of Bakersfield approving and adopting a
Bakersfield, California, November 18, 1981 - Page 18
Negative Declaration for the acquisition of site for and construction
of a Storm Water Detention Basin at the northeast corner of Fairfax
Road and College Avenue, was adopted by the following roll call
vote:
Ayes:
Noes:
Absent:
Council,
adjourned at
Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff, Strong
None
None
ADJOURNMENT
There being no further business to come before the
upon a motion by Councilman Christensen, the meeting was
10:20 P.M.
MKYOR of t~//City of B~/{ersfield, Calif.
ATTEST:
CITY CLERK tnd E~ Officio Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, November 23, 1981
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 23,
1981.
The meeting was called to order by Mayor Shell and Agency
Chairman Casper, followed by the Pledge of Allegiance and a moment
of silent prayer.
Mayor Shell stated the purpose of the joint public
hearing of the Council and Redevelopment Agency is to consider the
proposed sale and lease or sublease of land as provided for in the
Proposed Amended Joint Development Agreement, which will be referred
to afterward as Agreement between the Bakersfield Redevelopment
Agency and Bakersfield Associates.
The City Clerk called the roll of the Council, as follows:
Present: Mayor Shell. Councilmen Christensen, Means, Ratty,
Rockoff, Strong, Barton
Absent: Councilman Payne
The City Clerk called the roll of the Agency, as follows:
Present: Agency Members Bilas, Casper, Foth, Lewis, Mooneyham
Absent: Agency Members Puder, Winer
City Manager and Executive Director of the Redevelopment
Agency Kelmar stated this afternoon he received a call from the
Western Regional Real Estate Manager for the May Company, Mr. Stu
Courtice, who indicated that last Friday the Capital Projects
Committee of the May Company was scheduled to meet to act on the
Bakersfield Project. Apparently the President of May Company was
unable to attend the meeting and as ~ result it was rescheduled
for December 17, 1981.
It will be very difficult for the Council and Agency to
approve this project this evening. There are several alternatives
open for consideration by the Council and Agency:
1. Defer the hearing until the May Company
Capital Projects Committee takes action.
Bakersfield, California, November 23, 1981 - Page 2
2. Conduct and close the public hearing and
defer actions until the May Company Capital
Projects Committee takes action.
3. Conduct and close the public hearing and
take action on a conditional basis.
If there is not a positive response from the May Company
it will be recommended that the Council and Agency not consider
this project any further.
Daniel W. Donahue, President of John S. Griffith and Co.,
joint venture partner of DAON Corporation for the development of
the Proposed Downtown Mall, stated it is not that the May Company
did not approve the transaction. As a result of the revised
Disposition Agreement the negotiations with J. C. Penney Company
and May Company have been reopened. May Company had a meeting
scheduled for last Friday and it was about ll:30 this morning that
we found out the meeting did not take place to approve the trans-
action. Mr. Donahue stated he did not know why the meeting did not
take place.
Councilman Christensen stated he favors
alternative because until all the facts are known
Redevelopment Agency cannot
Councilman Christensen made
hearing.
Councilman Barton stated he would vote against the motion
primarily because there are a number of people in the audience who
have taken a lot of time to appear here tonight to be heard by the
Council and Agency. Councilman Barton suggested that the hearing
be held and a decision made at a later date.
After discussion, Councilman Christensen's motion to
continue the joint public hearing, was approved by the following
roll
Ayes:
Noes:
Absent:
call vote:
Councilmen Christensen, Means,
Councilman Barton
Councilman Payne
the first
the Council and
act intelligently in reaching a decision.
a motion to continue the joint public
Ratty, Rockoff, Strong
Bakersfield, California, November 23, 1981 - Page 3
RECESS
Upon a motion by Councilman Christensen, the joint public
hearing on the part of the City Council to consider the proposed
sale and lease or sublease of land as provided for in the Proposed
Amended Joint Development Agreement between the Bakersfield Redevelop-
ment Agency and Bakersfield Associates, was continued until Monday,
January ll, 1982 at 7:00 P.M., by the following roll call vote
Councilmen Christensen, Means, Ratty, Rockoff, Strong
Barton
None
Ayes:
Noes:
Absent:
Councilman Payne
Upon a motion by Agency Member Foth,
seconded by Agency
Member Lewis, the joint public hearing on the part of the Redevelop-
ment Agency to consider the proposed sale and lease or sublease of
land as provided for in the Proposed Amended Joint Development
Agreement between the Bakersfield Redevelopment Agency and Bakers-
field Associates, was continued until Monday, January 11, 1982 at
7:00 P.M.
ATTEST:
C Y CLERK a~d Ex ~fficio Clerk of the Council
of the City of Bakersfield, California
ma
2.90
Bakersfield, California, December 2, 1981
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.)~., December 2, 1981.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Reverend Harry Dutt
of the First United Methodist Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Means, Payne, Ratty, Rockoff,
Strong, Barton, Christensen
Absent: None
SCHEDULED PUBLIC STATEMENTS
Mr. Jerry Pipes, representing Michael O'Brian of
Continental Tile, questioned the Council about awarding bids to
out of town businesses rather than local firms and keeping the
revenue in this area.
Mr. Ronald Rose, Custom Tile, stated he has to obtain a
license to operate a business in the City and as far as he knows
the out of town firm does not, and he questioned why these firms
are even invited to bid in the first place. Mr. Rose felt City
funds should not go out of town.
City Attorney Oberholzer stated there have been several
court decisions stating that municipalities must award to the
lowest bidder, unless there are other reasons for taking a higher
bid. Those reasons must be specifically related to the job and
not to the fact that local bidders are competing against out of
town bidders. When out of town bidders are awarded a contract they
must take out a Business License and pay the fee.
In answer to a question by Councilman Strong, Assistant
City Manager-Finance Higginbotham stated he would find out how the
out of town firm, who bid on the Ceramic Tile for the Police
Department, found out about the project and report back go the
Council.
Bakersfield, California, December 2, 1981 - Page 2
present
Pacific Gas & Electric Company, dated November 6,
relicensing hydroelectric power plant facilities,
ordered placed on file.
Mayor Shell welcomed Scout Troop No. l10, who were
to earn Merit Badges by attending a Council Meeting.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
1981, regarding
was received and
Upon a motion by Councilman Ratty, communication from
the City of Santa Clara, California, dated November 20, 1981,
regarding Pacific Gas & Electric Company's application for licensing
of the Mokelumne River Project, was received, ordered placed on
file; and the Mayor was requested to write a letter to the City
of Santa Clara requesting a response to Pacific Gas & Electric
Company's letter regarding relicensing hydroelectric power plant
facilities.
Upon a motion by Councilman Rockoff, communication from
Great Western Builders, Inc., dated November 20, 1981, regarding
Apartment Loans Program, City of Bakersfield Multi-Family Bond, was
received and referred to the Budget Review and Finance Committee.
Upon a motion by Councilman Ratty, communication from
Bank of America Building, dated November 24, 1981, requesting re-
newal of their parking lease for 20 spaces on the Old Police Building
Site, was received and referred to the Business Development and
Parking Committee for study and recommendation.
Upon a motion by Councilman Christensen, communication
from Bakersfield College, dated November 23, 1981, requesting
permission to use the balance of a grant ($7,700.00), to purchase
and install appproximately 200 seats behind home plate on the recently
developed softball facility, was received and referred to the
Auditorium-Recreation Committee for study and recommendation.
COUNCIL STATEMENTS
Councilman Christensen commented on and thanked the staff
for the information he received from Director of Fire & Development
Services Needham and Building Director Bidwell regarding the Sign
Ordinance.
992
Bakersfield, California, December 2, 1981 - Page 3
Mayor Shell congratulated the residents of Kern City who
have submitted an application to annex to the City of Bakersfield.
REPORTS
Councilman Ratty, Chairman of the Water and City Growth
Committee, read Report No. 7-81 regarding Zone of Benefit No. i
Tax, as follows:
At the request of the City Council this Committee
met last week with the staff and City's Water
Consultants Tom Stetson and Stan Hatch. The
topic of our discussions centered on the Kern
County Water Agency Zone of Benefit No. 1
Assessment. This particular Zone of Benefit
Tax is utilized to make up the difference
between the amount the Kern County Water Agency
pays the State under its contract and the amount
the Agency collects under its contracts with
various water districts. Originally, the
basis for the assessment was the premise that
the water purchased by the Kern County Water
Agency and sold to agricultural water districts
benefits the area by replenishing the ground
water supply and is a community-wide economic
benefit. The ability of the agricultural interests
to pay was also considered as a factor.
At the time this assessment was initiated in
1964, the dollar amount was not significant.
The Kern County Water Agency Board of Directors
recently approved an increase in the present
Zone No. 1 assessment to approximately $10,000,00Q
which, in effect, will more than double the tax
assessed and present estimates indicate it will
almost double again by 1990. The basis for the
assessment, area wide economic benefit and
agricultural industry's ability to pay, should
be re-evaluated by the Kern County Water Agency
to determine the present degree of benefit to
the urban area.
The Kern County Board of Supervisors are scheduled
to meet on Monday, December 7th in a public
hearing to ratify the Water Agency's action.
The Council's Water and City Growth Committee
is recommending these issues be brought to the
attention of the Board of Supervisors at their
hearing and a member of the Water and City
Growth Committee be authorize~ with staff, to
appear before the Board of Supervisors.
Councilman Ratty made a motion that Water and City Growth
Committee Report No. 7-81 regarding Zone of Benefit No. 1 Tax, be
accepted; and recommendations as outlined in the report, be approved.
Libbie Stull read a written statement from the Good
Government Group, 1803 Flower Street, regarding inequities in the
Bakersfield, California, December 2, 1981 - Page 4
Kern County Water Agency's proposed tax levies in Zones of Benefit
Nos. 1 and 7. The Good Government Group urged the Council, without
delay, to make their opposition to the proposed Zones of Benefit
Taxes known to the Board of Supervisors and join their fight to
bring about a postponement in the contemplated action so the matter
can be studied as to the various options that might be open.
Mr. Thomas Schroeter, Attorney, stated he was told in
1978 by certain Councilmen that negotiations had begun with the
Kern County Water Agency to eliminate the inequity of the Zone of
Benefit No. 1 Tax. This matter is still unresolved and we are
being told by the Board of Supervisors and City Council for the
fourth year in a row that it is too late to do anything about it
this year. No one has been able to explain where the benefit is
for the urban property owners in Bakersfield in the Zone of Benefit:
No. 1 Tax. Mr. Schroeter urged the Council to go to the Board of
Supervisors and let it be known that the City has objections to
this tax or send a representative to the hearing to contest this
Zone of Benefit.
Mrs. Jessie Laning, past Secretary/Manager of the Kern
County Property Owners, stated something should be done about the
tax burden that the Kern County Water Agency is imposing upon the
citizens.
During discussion, Councilman Ratty added to his motion
that the Water and City Growth Committee come back to the Council
with more specific recommendations in late January, 1982, which is
prior to the February 3, 1982 deadline for adopting necessary
documents to place the matter on the ballot for the June 8, 1982
election.
Councilman Strong stated after the vote he would make a
motion that the Council go on record requesting the Board of Super-
visors to postpone any action regarding adopting the recommendations
of the Kern County Water Agency pending a full reassessment of the
Bakersfield, California, December 2, 1981 - Page 5
benefits that the people who live in the urban area are deriving
from this tax.
Councilman Ratty stated here may be some time constraints
involved in this matter and the City does not know all the facts at
this time.
Councilman Ratty's amended motion that Water and City
Growth Committee Report No. 7-81 regarding Zone of Benefit No. 1
Tax, be accepted; recommendations as outlined in the report, be
adopted; and the Water and City Growth Committee come back to the
Council with more specific recommendations in late January, 1982,
which is prior to the February 3, 1982, deadline for adopting
necessary documents to place the matter on the ballot for the June
8, 1982 election, carried by the following roll call vote:
Ayes: Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton,
Christensen
Noes: None
Absent: None
Councilman Strong made a motion that the Council go on
record requesting the Board of Supervisors, through its Attorneys,
postpone any action on the Kern County Water Agency's recommendations,
pending further assessment of the benefits City residents receive
from the Zone of Benefit No. 1 Tax.
In answer to a question, City Manager Kelmar stated he
believes the Kern County Water Agency has a time frame when the
assessments must be submitted to the State. The type of study
being requested is extensive and will take a lot of time to
accomplish. They have contracts that have to be honored and at
this point in time, without the City having the necessary information,
it will place an undo burden on them. The request indicated in
the report is a reasonable one and he feels the Board of Super-
visors and Kern County Water Agency will respond in a reasonable
manner.
Bakersfield, California, December 2, 1981 - Page 6
295
Councilman Strong stated he has a problem with a Council
Committee going before the Board of Supervisors without some
direction from the entire Council. The Committee report is recom-
mending that they go before the Board of Supervisors without
directions from the Council, which means you cannot take a formal
position no matter what is said or done.
City Manager Kelmar stated at this point in time there is
not an opportunity to gather the type of information necessary to
support a position and that would place the Kern County Water Agency
in an impossible situation. What is being requested is that a study
be conducted to re-evaluate the premise under which the assessment
is levied. That is not unreasonable and he feels the Agency will
respond. If they do not respond in a reasonable period of time or
initiate a study then the Council can take further action.
Councilman Strong questioned the reason for the public
hearing on December 7, 1981, before the Board of Supervisors, if
they are not allowing enough time to respond to the public's and
Council's questions regarding this tax.
City Manager Kelmar stated the position of the Council
should be that the City has serious questions regarding the basis
and premise under which this assessment is levied and determined
under studies conducted 10-15 years ago. The City has questions
regarding those premises and is asking that the Board of Supervisors
request the Kern County Water Agency to conduct a study to bring
them up to date for next year.
Councilman Strong's motion that the Council go on record
requesting the Board of Supervisors, through its Attorneys, postpone
any action on the Kern County Water Agency's recommendations, pending
further assessment of the benefits City residents receive from the
Zone of Benefit No.
call vote:
Ayes: Councilmen Means,
Noes: Councilmen Payne,
Absent: None
Tax,
failed to carry by the following roll
Strong, Christensen
Ratty, Rockoff, Barton
Bakersfield, California, December 2, 1981 - Page 7
City Manager Kelmar reported on the Downtown Redevelopment,
as follows:
Over the past few months there has been a strong
interest by a number of developers and business-
men in the downtown area indicating a desire for
revitalization of the downtown area. This could
represent a very significant asset to downtown
by bringing many more people there on an every-
day basis, which would help all businesses in
that area. One common concern expressed by many
of these developers has been the question of
the City's commitment to the revitalization of
downtown. The concern stems, basically, from
the political controversy that has existed in
regards to the Downtown Shopping Mall. I am
concerned that some of these people might become
discouraged if they feel that the actions in
regards to the Shopping Mall are representative
of the Council's position towards redevelopment.
However, in discussing this issue with the
individual Councilmen I don't feel that is the
case.
A resolution is being presented tonight that
the Council will be requested to adopt in order
to alleviate some of the concerns of these
developers and businessmen.
Adoption of Resolution No. 90-81 of
the Council of the City of Bakers-
field supporting and encouraging
development within the Downtown
Bakersfield Area.
Councilman Payne stated he would abstain from partici-
pating in this matter due to a real or imaginary conflict of
interest.
Upon a motion by Councilman Ratty, Resolution No. 90-81
of the Council of the City of Bakersfield supporting and encouraging
development within the Downtown Bakersfield Area, was adopted by
the following roll call vote:
Ayes
Councilmen Means, Ratty, Rockoff, Strong, Barton,
Christensen
Noes None
Absent: None
Abstaining: Councilman Payne
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2717 to 2885,
inclusive, in the amount of $1,346,584.98.
Bakersfield, California, December 2, 1981 - Page 8
297
(b)
Claim for Damages from Melvin White, 717½
9th Street, and James Blue, 4505 Lantados,
Bakersfield. (Refer to City Attorney)
(c)
Petition from O. R. Keener and residents
of Kern City requesting annexation of
property located north of Sundale Avenue
and along a portion of Pebble Beach Drive
in the Kern City Area, containing approxi-
mately 12.2 acres of land. (Refer to
Planning Commission for study and recom-
mendation)
(d)
Road Easement from Southern Pacific Land
Company for access to the First Point
Metering Structure, beginning at Round
Mountain Road and continuing south 439.09
feet.
(e)
Storm Drain and Sewer Easement from Tenneco
Realty Development Corporation, as required
by the Planning Commission for Parcel Map
No. 6367, located east of Mohawk Street on
the south side of the Carrier Canal.
(f)
Grant Deed from Tenneco Realty Development
Corporation for a drainage sump and access
to sump as required by the Planning Com-
mission for Parcel Map No. 6367, located
east of Mohawk Street on south side of the
Carrier Canal.
(g)
Slope Easement from Tenneco Realty Develop-
ment Corporation to for Tract No. 4277,
Unit 7, located northeast of the Arvin-
Edison Canal on the north side of White
Lane.
(h) Notices of Completion and Acceptance of
Work for:
Tract No. 4191, Contract No. 80-182 with
Tenneco Realty Development Corporation,
located at the southeast corner of
Barrington Street and Nottingham Lane.
Tract No. 4277, Unit 5, Contract No. 81-146
with Tenneco Realty Development Corporation,
located at the intersection of Lordsbird
Drive and Willcox Way.
(i)
Plans and Specifications for pavement
construction on portions of the east side
of Akers Road, between Panama Lane and
Harris Road.
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (f), (g), (h) and (i) of the Consent Calendar, were
adopted by the following roll call vote
Ayes:
Councilmen Means, Payne, Ratty Rockoff, Strong, Barton,
Christensen
Noes: None
Absent: None
Bakersfield, California, December 2, 1981 - Page 9
ACTION ON BIDS
Upon a motion by Councilman Payne, low bid of Engine and
Equipment Company, in the amount of $10,994.32, for a Trailer
Mounted Air Compressor, was accepted and all other bids rejected.
Upon a motion by Councilman Means, low bids of Jim Burke
Ford, in the amount of $148,444.00, for sixteen vehicles and Three
Way Chevrolet, in the amount of $11,597.40, for one truck, were
accepted and all other bids rejected.
Upon a motion by Councilman Payne, low Base Bid, deleting
Alternatives Two and Five, from Gray Construction Company, in the
amount of $211,978, for construction of an addition to the Fire
Department Headquarters Station at 21st and "H" Streets, was
accepted, all other bids rejected and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Payne, low bid of Granite
Construction Company, in the amount of $136,927, for construction
of Asphalt Concrete Pavement on White Lane, between 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, low bid of A-C Electric
Company, in the amount of $41,600, for Traffic Signal and Lighting
System at Stockdale Highway and Gosford Road, was accepted, all
other bids rejected and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Payne, low bid of Hollywood
Carpets, Inc., in the amount of $11,920, for Ceramic Tile at the
Police Department - Second Floor, was accepted and the other bid
rejected.
Upon a motion by Councilman Payne, bid of Valley Office
Supply, in the amount of $16,275.82, for Noise Reduction Wall
Partitions for the First Floor of the South Wing of City Hall,
was accepted.
Bakersfield, California, December 2, 1981 - Page 10
Upon a motion by Councilman Payne, bid of Royce Photo/
Graphics, Supply, Inc., in the amount of $8,325.24, for Mini-Photo-
Printer and Accessories for the Police Department Laboratory, was
accepted and Budget Transfer, in the amount of $325.24, from Account
No. 11-77500-624 to Account No. 11-78300-624, was approved.
NEW BUSINESS
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City o£ Bakersfield by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield commonly known as 710 and
716 Espee Street.
The application for this amendment was made by Victor
Leasing Company and would change subject property from an R-3
(Limited Multiple Family Dwelling) Zone to an R-3-P (Limited
Multiple Family Dwelling - Automobile Parking), or more restrictiw~
Zone.
The Planning Commission approved the amendment and
recommended the same to the City Council.
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 710 and 716 Espee Street.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield bounded by 40th Street
to the north, "Q" Street to the east,
abandoned 38th Street to the south,
and "O" Street to the west (Conditional).
The application for this amendment was made by Bruce
Benna and would change subject property from an R-1 (One Family
Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling), or
more restrictive Zone.
The Planning Commission recommends, and this ordinance
imposes the following conditions:
Bakersfield, California, December 2, 1981 - Page
Install four fire hydrants with a 2,000-
gallon-per-minute flow at locations
approved by the Fire Department.
Water Mains are to.be I.S.O., and City
requirements with dead-end mains no less
than 8 inches in size.
Under Resolution No. 68-78 and Municipal
Code Section 16.24.124 (b) (13): All
subdividers and all persons otherwise
required to furnish fire hydrants are to
purchase the fire hydrants, hydrant burys,
necessary bury extensions and all necessary
bolts and gaskets from the City of Bakers-
field and pay the total cost thereof.
o
Construct curb, gutter, sidewalk and 32-
foot minimum width of paving a~ong "O"
Street.
Pursuant to Municipal Code Section 17.52.200 the ordinance
shall not be formally adopted by the Council until these conditions
have been satisfied or assurance provided by way of contract with
adequate surety.
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 bounded by 40th Street on the north, "Q" Street to
the east, abandoned 38th Street to the south, and "0" Street to
the west (Conditional).
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Title
17 of the Municipal Code changing
the Land Use Zoning of that certain
property in the City of Bakersfield
located on the southeast corner of
California Avenue and East Mohawk
Street and making findings in con-
nection with a P.C.D. Zone.
The application for this amendment was made by Gus
Enterprises, I, and would change subject property £rom an "A"
(Agricultural) Zone to a P.C.D. (Planned Commercial Development)
Zone, consisting of a motel, restaurant and cocktail lounge.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Bakersfield, California, December 2, 1981 - Page 12
801
Title 17 of the Municipal Code changing the Land Use Zoning of
that certain property in the City of Bakersfield located on the
southeast corner of California Avenue and East Mohawk Street and
making findings in connection with a P.C.D. Zone.
First reading of an Ordinance of the
Council of the City of Bakersfield
adopting the Bakersfield Municipal
Code.
Approximately one year ago the City Council adopted
nearly 80 ordinances as a measure to update the City's Municipal
Code. The new Code has now been received from the publishers.
Adoption of this Code will repeal the existing Municipal Code.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adopting the Bakersfield Muni-
Adoption of Resolution No. 91-81 of
the Council of the City of Bakers-
field approving an Employees'
Deferred Compensation Plan and
authorizing its implementation.
The Amended Deferred Compensation Plan provides that all
employees of the City o£ Bakersfield may participate. This Amended
Plan implements the agreements reached in the 1981 salary negotiations,
which provides for the employees to contribute from their salaries
with no contribution from the City.
Upon a motion by Councilman Payne, Resolution No. 91-81
of the Council of the City of Bakersfield approving an Employees'
Deferred Compensation Plan and authorizing its implementation, was
adopted by the following roll call vote:
Councilmen Means, Payne, Ratty, Rockoff, Strong, Barton,
Christensen
bridge across the Arvin-Edison Canal at
Approval of License to Encroach on
right-of-way belonging to the Arvin-
Edison Water Storage District.
This license is necessary to construct and maintain a
its intersection with the
Ayes
Noes
Absent:
cipal Code.
None
None
Bakersfield, California, December 2, 1981 - Page 13
Kern River Bicycle Trail. This bridge is part of the Kern River
Bicycle Trail.
Upon a motion by Councilman Christensen, License to
Encroach on right-of-way belonging to the Arvin-Edison Water
Storage District, was approved and the Mayor was authorized to
execute same.
Adoption of Resolution No. 92-81 of
the Council of the City of Bakers-
field authorizing the issuance of
$3,000,000 principal amount of City
of Bakersfield, California,
Historical Rehabilitation Floating
Rate Revenue Bonds (Bell Tower
Project), 1981 Series A, and authorizing
the execution of and approving related
documents, agreements and actions.
The Loan Agreement between the City, Wells Fargo Bank and
Bell Tower Associates provides for the issuance of bonds by the
City pursuant to Ordinance No. 2675, regarding the Bell Tower
Project. The agreement provides that the City will issue Series
A 1981 Bonds and deposit the proceeds thereof with Wells Fargo
Bank, which will act as trustee. It further provides that security
for the bonds will be a Deed of Trust issued by Bell Tower, causing
a first security lien on all the real and personal property in the
project.
The Indenture of Trust Agreement between the City and
Wells Fargo Bank names Wells Fargo Bank as trustee of the Series
A 1981 Bonds issued pursuant to agreement between the City, Wells
Fargo Bank and Bell Tower Associates. As trustee, Wells Fargo
Bank will administer the bonds and loan program at no cost to the
City. The agreement further provides a description of the bonds,
redemption, payment and default provisions and other provisions
generally relating to the administration and issuance of the bonds.
Councilman Payne stated he would not participate in this
matter due to a real or imaginary conflict of interest and pending
litigation.
Bakersfield, California, December 2, 1981 - Page 14
City Attorney Oberholzer stated the adoption of Resolution
No. 92-81 will approve the Loan Agreement and Indenture of Trust
Agreement, which are listed on the Agenda as three separate items
requiring three separate actions.
City Attorney Oberholzer stated the Council was provided
a copy of a letter from Attorney Kuhs, on behalf of Bell Tower
Associates, committing to the building of the parking structure.
The building of the parking structure has run into a slight problem
in that they have been unable to acquire the property on the south-
west corner of 17th and "M" Streets. Consequently they are requesting
Redevelopment Agency participation for the acquisition of that
property. In order to acquire that property a development agreement
with Bell Tower Associates and the City of Bakersfield would have
to be approved. The development agreement is being prepared and
will be brought to the Council and Redevelopment Agency at a Joint
Public Meeting on December 16, 1981. This will give the Agency the
power to implement the Redevelopment Plan so, if necessary, Eminent
Domain proceedings can be instituted.
Mr. William Kuhs, Attorney and partner in Bell Tower
Associates, stated that Bell Tower Associates is committed to
constructing a parking structure. The $3,000,000 in bonds includes
approximately $230,000 for acquisition of the property in question
and those acquisition costs will be borne by Bell Tower Associates.
$700,000 has been earmarked for the construction of a parking
structure.
Councilman Christensen expressed his displeasure in
receiving the information for this action at 5:00 P.M. this after-
noon. He also stated this is a tremendous asset to the City and
then read a statement regarding the tax benefits the owners of this
property will receive from the government because the property was
declared a historical site.
Councilman Strong stated he is very impressed with what
has been done with the rehabilitation of this property, however,
Bakersfield, California, December 2, 1981 - Page 15
he has a problem with the contemplated Eminent Domain proceedings.
Mr. Kuhs stated the owner of Lot 1, southwest corner of
17th and "M" Streets, entered into an agreement twenty months ago
which he will not now perform. At the eleventh hour Bell Tower
Associates has not been able to acquire Lot 1. Thus, there was
no alternative but to request the Redevelopment Agency to assist
Bell Tower Associates in order to complete the project. Either
Lot i must be acquired or there will not be a parking structure.
It is not economically feasible to put a parking structure on the
balance of the ground that is available for parking.
In answer to a question by Councilman Strong, City
Attorney Oberholzer stated the Council is not approving anything
to do with Eminent Domain tonight or the acquisition of that property.
Two public hearings must be held before that can be accomplished.
Mr. Kuhs explained why the documents were not delivered
to the Council until late this a£ternoon.
Upon a motion by Councilman Ratty, Resolution No. 92-81
of the Council of the City of Bakersfield authorizing the issuance
of $3,000,000 principal amount of City of Bakersfield, California,
Historical Rehabilitation Floating Rate Revenue Bonds (Bell Tower
Project), 1981 Series A, and authorizing the execution of and
approving related documents, agreements and actions, was adopted
by the following roll call vote:
Ayes: Councilmen Means, Ratty, Rockoff, Strong, Barton
Noes: Councilman Christensen
Absent: None
Abstaining: Councilman Payne
Councilman Christensen, in clarifying his negative vote,
stated he refuses to act upon anything that he does not have full
knowledge of.
Authorization granted to the City's
Bond Counsel, Jones, Hall, Hill and
White, in consultation with the City
Attorney to provide for the delivery
of the Bonds to the purchasers there-
of in New York, New York on December
7, 1981, including approval of any
appropriate technical or non-substantive
amendment and supplement to the docu-
ments described in Resolution No. 92-81.
Bakersfield, California, December 2, 1981 - Page 16
Mr. Andy Hall, Bond Counsel with Jones, Hall, Hill and
White, San Francisco, apologized for the documents being late and
explained the reasons the documents may have to have minor word
changes when all the Attorneys meet in New York.
City Attorney Oberholzer stated Mr. Hall will not have
the authority to alter the substance of the agreements and cannot,
in any way, encumber the liability of the City.
Upon a motion by Councilman Means, with respect to the
Council's direction contained in Sections 3 and 5 of Resolution
No. 92-81, the City's Bond Counsel, Jones, Hall, Hill and White,
in consultation with the City Attorney, is authorized and directed
to provide for the delivery of the Bonds to the purchasers thereof
in New York, New York on December 7, 1981, including the approval
of any appropriate technical or non-substantive amendment and
supplement to the documents described in said resolution.
man Christensen voted in the negative on this motion.
EXECUTIVE SESSION
The Council recessed to an Executive Session for
consultation with Nicholas Counter, City's Labor Negotiator, re-
garding Labor Negotiations at 10:10 P.M.
Council,
The regular meeting was reconvened at 10:45 P.M.
ADJOURNMENT
There being no further business to come before the
upon a motion by Councilman Christensen, the meeting was
MAYOR o~he'C~i~y of/f~~kersfield,
adjourned at 10:47 P.M.
Council-
ATTEST:
CITY CLERK an~i Ex ~fficio Clerk of the Council
of the City of Bakersfield, California
Calif.
ma
Bakersfield, California, December 9, 1981
Minutes of a regular meeting the Council of the City of
Bakersfield, California, held in the Council Chambers of City Hall
at 8:00 P.M., December 9, 1981.
The meeting was called to order by Mayor Shell, followed by
the Pledge of Allegiance and a moment of silent prayer.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Payne, Ratty, Strong, Barton
Christensen, Means
Absent: Councilman Rockoff
Minutes of the Regular Meeting of November 18, 1981, and
Joint Public Hearing of November 23, 198], were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Bob Clerico, Chairman of Beautiful Bakersfield Committee,
presented awards to the winners of the 5th and 6th Grade Essay Contest
entitled: "If You Were Mayor, What Would You Do To Make Bakersfield
More Beautiful?"
1st Place Jenny Kayes St. Francis School
Grand Prize Winner
2nd Place Krista Zawila ~uail~ood School
3rd Place Gary McDougal Pioneer Dr. Schoo~
4th Place Deanne Claxton Munsey School
5th Place L~amon Mill J.D. Getty School
6th Place Kevin Fletcher ?t. Vernon School
Councilman Strong congratulated ~ayor Shell for spearheading
the Clean-up of Cottonwood ~oad.
CORRESPO~DENCE
Upon a motion by Councilman Means, cor~.~unicaticn from Jack
Clare, P.O. Box 2012, 12-3-81, regarding a sign on his building at
1631 - 19th Street that is leased to Wanda Stufflebean who operates a
business known as "The Foliage Farm", was received and ordered placed
on file.
Bakersfield, California, December 9, 1981 - Page 2
8O7
COUNCIL STATEMENTS
Councilman Payne indicated that Mr. Tom Orr, of the Cal
State Student Body wished to address the Council, but was called out
to another meeting. He asked the Council to allow Mr. Orr to speak
when he returns.
Councilman Payne made a motion to reappoint Mr. Calvin A.
Bidwell to the Board of Zoning Adjustment and Mr. Alex B. Buechler as
Alternate to the Board of Zoning Adjustment. This motion was unanimously
approved.
Councilman Barton of the Water and City Growth Committee
read a letter dated December 7, 1981 that was presented at a presenta-
tion made to the Kern County Board of Supervisors regarding the concern
felt over the Kern County Water Agency's assessments to be levied in
Zone of Benefit #1. At the Board of Supervisor's Meeting, the Kern
County Water Agency did go on record that they were going to go for an
independent study of the assessment of benefits in Zone #1 and that
they also committed to have the City of Bakersfield and the Board o£
Supervisors be involved in the recommendations of the study group.
Councilman Barton further stated that Mr. Oberholzer, Mr. Kelmar, and
Councilman Means were in attendance at that meeting.
Mr. Oberholzer stated that the Water Agency's intention is
to run a study between now and when they will consider the assessments
again. In this study they will determine whether the agricultural
industry has the ability to pay their own costs and also look at the
present boundaries of the zone of benefit and look at the degree of
benefit within those boundaries. They have agreed to hire an independent
consultant to do that.
Councilman Means stated that he was in attendance at that
meeting and that he stated that he felt there was not sufficient reason
to justify this Zone #1 Tax and that they turn it down. He
the Board of Supervisors to place something on the ballot.
that previously he had asked Staff for a discussion of what
were required for city residents to
also asked
He stated
actions
take some action. He would like,
at
Bakersfield, California, December 9, 1981- Page 3
this time, to include in that request that they gather any information
about what it would take for residents within that zone, within the
entire County, to get out of paying that tax and what would it take to
place it on the ballott.
Mayor Shell reported to the Council that the Greater Bakers-
field Crime Commission submitted their report due December 1, 1981
and that she would be sure that each Council member received a copy.
She indicated that the Commission had asked that the Board of Super-
visors and the Council consider establishing the Crime Commission on a
permanent basis. Some of the people are interested and see a need for
this.
Mayor Shell explained the interest shown by people of the
Lakeview area for a Clean-up Campaign. At the request of residents
who are desirous of obtaining better communications between government
and the community; Mayor Shell asked the Council to give some thought
to possibly forming a Community Relations Committee.
REPORTS
Councilman Christensen of the Intergovernmental Relations
Committee, read Report #5-81 regarding Vault for Cunningham Art Gallery
as follows:
The Intergovernmental Relations Committee has met
with members of the County Board of Supervisors
Intergovernmental Relations Committee and the staff
regarding the construction of a vault and restrooms
for the Cunningham Art Gallery. A few years ago, the
Art Association received a valuable art collection
with the stipulation it be displayed at the Art Gallery.
Since that time, the collection has been stored in a
vault at another location, however, this vault will no
longer be available to the Bakersfield Art Association.
In order to protect this collection and the other art
objects, the Bakersfield Art Association has requested
County and City assistance of $25,000 each towards
the construction cost of $77,220 (see attached).
The Board of Supervisors, at a recent meeting, voted
not to participate.
The Art Association, however, would like to attempt
through a fund raising drive to obtain the necessary
funds if they knew the City was committed for its share
of $25,000. This committee feels this is a very worth-
while project and would recommend approval and a transfer
from the Council's Contingency Fund if the Art Associa-
tion obtains the remaining funds.
Bakersfield, California, December 9, 1981 - Page 4
Upon a motion by Councilman Christensen, Intergovernmental
Relations Committee Report No. 5-81 regarding a Vault for Cunningham
Art Gallery was accepted.
In answer to a question by Mayor Shell, Mr. Kelmar stated
that this report gives a commitment to the Art Association that the
City will contribute the funds if they receive the remaining funds
through a fund raising drive.
HEARINGS
This is the time set for public hearing before the Council
on an Appeal by Fakhruddin Shakir to the decision of the Board of
Zoning Adjustment denying his application for a Modification of an
R-1 (One Family Dwelling) Zone, to permit the reduction of the required
off-street parking spaces to one space on that certain property in 'the
City of Bakersfield commonly known as 3500 Akers Road #5.
This hearing has been duly advertised and the property
owners notified as required by law.
The Board of Zoning Adjustment was of the opinion that if
the request was approved it would be unreasonable to deny any sub-
sequent requests for garage conversions, since many lots in this
subdivision are developed in a similar manner which precludes legal
parking except in garages.
Mayor Shell declared the hearing open for public participation.
Mr. Dan Resnick, speaking for Mr. Shakir, indicated that
Mr. Shakir wished to request postponement of this hearing.
Councilman Payne stated that he felt the people that had
attended tonight's meeting had made a great effort to be here and that
they should have an opportunity to speak. Perhaps, the Council could
hear what they had to say, close the public portion of the hearing,
and recess the hearing in order to make a decision at a later date.
Bakersfield, California, December 9, 1981 - Page 5
Mayor Shell asked for the Council's wishes in this matter.
Councilman Means agreed with Councilman Payne in that the people who
are here should have the opportunity to speak, but felt that perhaps
it should be left open in case there was anything to be heard at a
later date.
Councilman Payne made a motion that the Council hear the
public portion tonight and leave the hearing open for further comment
at a later date.
On the advice of City Attorney, Richard Oberholzer, it
was indicated that no motion would be needed at this time.
Councilman Strong asked if there was any way to determine
if anyone in the audience would be inconvenienced if the hearing
were continued. Mayor Shell asked for a raise of hands by those
people who wished to speak. There was a large number of people in
the audience who indicated a desire to speak before the Council.
Mayor Shell requested that the Council proceed with the public portion
of the hearing.
Mr. Dan Resnick spoke before the Council for Mr. Shakir
and explained that Mr. Shakir wished to convert his three-car garage
into a one-car garage and a portion of that garage would be used as a
recreation room.
Mr. Fakhruddin Shakir spoke to the Council in favor of his
application for a Modification of an R-1 (One-Family Dwelling) Zone,
to permit the reduction of the required off-street parking spaces
to one space on that property.
Mrs. Hazel Kapral spoke in opposition to the appeal and
presented a petition with 40-unit signatures in opposition to the
appeal.
Mr. Nick Trombetta, Vice-President of the Home Owner's
Association of Pinewood Lake and is representing that Association
tonight in the absence of the president stated that all of the people
at Pinewood Lake, and the Board of Directors, which he is a member of,
object to any modification of the zoning of Pinewood Lake.
Bakersfield, California, December 9, 1981 - Page 6
Mrs. Lou Snowdon, whose husband is the President of the
Homeowner's Association, referred to the Conditions, Covenants and
Restrictions in regard to the parking situation at the Pinewood Lake
area. Mrs. Snowdon spoke in opposition of any modification to the
zoning and later requested the Council to make a decision at this
time rather than postpone the hearing.
Mr. Gerald Sorenson, resident of Pinewood Lake, spoke in
opposition to the appeal.
Mr. Ellett Jackson,spoke in opposition to the appeal.
Mr. Julian Jensen spoke in opposition to the appea~.
Mr. Lee Siegle spoke in opposition to the appeal.
Mayor Shell asked if Mr. Shakir was still interested in
postponing the hearing. Mr. Shakir indicated that he was still
interested in postponement. Mayor Shell asked the City Attorney
what motion was needed to grant this request and he indicated that
it would require a motion by the Council to grant a postponement.
Mr. W.W. Brooks spoke in opposition to the Appeal.
Councilman Means indicated he felt there was no reason to
hold the hearing over that the decision of the Council would be the
same then as it is now. Councilman Means made a motion to uphold
the Board of Zoning Adjustment's denial. Councilman Christensen
indicated that he felt the Council should vote
pone the hearing. Councilman Strong indicated
had not been closed.
tonight and not post-.
that the public portion
Councilman Means temporarily withdrew his motion until the
public portion of the hearing was closed.
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 Means reinstated his motion.
81o
Bakersfield, California, December 9, 1981 - Page 7
Upon a motion by Councilman Means,
No. 285 denying appeal £rom Board of Zoning
Modification to Permit the Reduction of the
Zoning Resolution
Adjustment Denial of
required two off-street
parking spaces to one space on that certain property commonly known
as 3500 Akers Road, #5 was adopted by the following roll call vote:
Ayes: Councilmen:
Noes: None.
Absent:
Payne, Ratty, Strong, Barton, Christensen,
Means
Councilman Rockof f
Councilman Payne requested that Mr. Orr be given an oppor-
tunity to speak before the Council at this time.
Mr. Paul Orr introduced himself as a representative of the
Associated Students of Cal State Bakersfield. He expressed the
Association's gratitude for the process used to obtain a stop light
at Gosford and Stockdale Highway.
ADJOURNMENT
There being no further business to come be£ore the Council,
upon a motion by Councilman Christensen, the meeting was adjourned
at 9:15 P.M.
MAY~R of the/ity or,Bakersfield, Calif.
ATTEST:
C LE~~ x /liar
CITY E k of the Council
of the City of Bakersfield, California
CW
Bakersfield, California, December 16, 1981
313
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 7:05 P.M., December 16,
1981.
The meeting was called to order by Vice-Mayor Barton and
Agency Chairman Casper, followe~ by the Pledge of A'llegiance and a
moment of silent' prayer.
The City Clerk called the roll of the Council, as follows:
Present: Councilmen Ratty, Rockoff, Barton, Means
Absent: Mayor ~hell. Councilm~n' Strong, Christensen, Payne
.,: The City Clerk called the roll of the Agency, as follows:
Present: ~gency Members Bilas, Casper, Lewis,~ooneyham, Puder
Absent: Agency Members Foth, Winer
City Attorney Oberholzer stated the Council passed a bond
issue authorizing the use.of Commercial Rehabilitation Revenue Bonds
for Bell Tower Associates, who are reconstructing th~ Old Church
Plaza structure. InclUded in that was the representation by Mr.
Kuhs, one of the partners, that with some of the mon'ey, obtained
through the Revenue Bonds, they would construct a parking structure
on 17th Street, between "L" and "M" Streets. There is a parcel of
property on the southwest corner of 17th and "M" Streets, which
does not belong to Bell Tower Associates. In order to construct
the parking structure that property must be acquired by Bell Tower
Associates. Bell Tower Associates informed the City that they
attempted to acquire the property through negotiations, but have
been unsuccessful. Bell Tower Associates is requesting that the
Redevelopment Agency get involved to the extent that the Agency
acquire the property, if necessary by Eminent Domain, and sell it
back to Bell Tower Associates so th~ parking structure can be placed
across the whole half block from "L" to "M" Streets.
The proposal before the Council and Redevelopment Agency
tonight is a Negative Declaration on the project and a Disposition
314
Bakersfield, California, December 16, 1981 - Page 2
and Development Agreement. Basically, the agreement provides
that the Redevelopment Agency will acquire the parcel of property
on the southwest corner of 17th and "M" Streets and sell it back
to Bell Tower Associates. Bell Tower Associates will pay the full
cost of the acquisition of that property, whatever is determined
by the court, if it goes to court.
Eminent Domain action can be necessary if the property
owner does not want to sell the property (the Council or Agency
makes a determination that it is a public necessity that the
property be acquired by the public agency), and if they do not
object to the acquisition, but cannot reach a resolution as to the
fair market value. Under those two circumstances the issue can end
up in court for resolution. In the event that is necessary Bell
Tower Associates has agreed to pay all the court costs, any addi-
tional costs awarded by the court and any fees that might be incurred
by the City in the Eminent Domain process.
City Attorney Oberholzer then made the following corrections
to the Disposition and Development Agreement:
1. Page 2 - corrected the word principles to
principals.
2. Page 3 - Section 204 has been revised to
reflect when the Agency acquires
possession of the site that the
Agency will then deliver that
possession to the developer.
The reason for the correction to Section 204 is, if it
goes to litigation it could take a year or longer. There is a
remedy available, through the courts, in which the public agency
can acquire immediate possession of the property through "Lis
Pendens Action." At that time the Agency deposits with the court
the appraised value of the property. The court then awards possession
to the Agency. It would be the recommendation, if you chose to go
with this program, that the City turn that possession over to the
developer so they can begin construction of the parking structure.
Bakersfield, California, December 16, 1981 - Page 3
Mr. William Kuhs, partner in Bell Tower Associates, stated
the parking structure will not cover the entire block from "L" to
"M" Streets, because there is a bank drive-in that takes approxi-
mately 40 feet of the westerly end of the north half of Block 288.
The parking structure will occupy Lots l, 2, 3 and a portion of 4.
The bond closing took place in New York and the proceeds have been
delivered. It was a $3,000,000 bond issue and approximately
$900,000 has been earmarked to acquire Lot 1 and build the parking
structure. The parking structure has been designed. Mr. Kuhs then
explained the process they have gone through to acquire Lot 1.
Mr. Robert A. Miller, Project Director for Bell Tower
Associates, with the aid of plans and elevations, explained the
project to the Council and Agency members.
Councilman Rockoff asked if the condemnation proceeds,
is the City protected or assured that the parking structure will
be constructed. It would be terrible to have a condemnation and
the parking structure never gets constructed.
City Attorney Oberholzer stated that is the substance of
the Disposition and Development Agreement before the Council and
Agency tonight for their approval. That protection is one of the
specific performances of the agreement.
Agency Member Bilas expressed his concerns regarding
Eminent Domain and stated he thought this country was based on the
existence of private property.
City Attorney Oberholzer stated before Eminent Domain
action can be taken by the Redevelopment Agency there will be a
public hearing and the property owner will be notified. The owner
of that property will be allowed to challenge the Redevelopment
Agency with respect to the issue of whether the public necessity
requires the taking of his property. The decision will be made at
that time on whether or not to proceed with Eminent Domain proceedings.
Bakersfield, California, December 16, 1981 - Page 4
Agency Member Bilas stated he is terribly concerned about
the fact that this Agency can, through the laws of Eminent Domain,
acquire anybodys property within the Redevelopment Area and he
feels that is basically wrong. He wantedto know what protection
or assurance he has, if he votes to proceed, that the right to
private property, within the Redevelopment Area, is in fact main-
tained by law, because if that is not done here then private
property does not exist.
City Attorney Oberholzer stated that is exercised by
individuals at the time of the public hearing on the issue of
public necessity. At that time he has a right to come before this
body and challenge that determination.
Vice-Mayor Barton open the hearing and called for oral
and written comments from persons in regards to the Negative
Declaration, objections to and in favor of the proposed agreement.
No oral or written comments being received, either in £avor or
objecting to, the public portion of the hearing was closed for
deliberation and action.
Adoption of Resolution No. 93-81 of
the Council of the City of Bakers-
field approving and adopting a Negative
Declaration for the Proposed Disposition
and Development Agreement between the
Bakersfield Redevelopment Agency and
Bell Tower Associates for the sale of
property located in the Downtown
Bakersfield Redevelopment Project
Area and the development of said
property.
Upon a motion by Councilman Ratty, Resolution No. 93-81
of the Council of the City of Bakersfield approving and adopting a
Negative Declaration for the Proposed Disposition and Development
Agreement between the Bakersfield Redevelopment Agency and Bel~
Tower Associates for the sale of property located in the Downtown
Bakersfield Redevelopment Project Area and the development of said
property, was adopted by the following roll call vote:
Ayes
Noes
Absent:
Councilmen Ratty, Rockoff, Barton, Means
None
Councilmen Strong, Christensen, Payne
Bakersfield, California, December 16, 1981 - Page 5
· 81'7
Adoption of Resolution No. 94-81 of
the Council of the City of Bakers-
field making certain findings with
respect to a Disposition and Develop-
ment Agreement between the Bakers-
field Redevelopment Agency and Bell
Tower Associates approving the pro-
posed sale of certain real property
and the Disposition and Development
Agreement for a Multi-Level Parking
Structure.
Upon a motion by Councilman Ratty, Resolution No. 94-81
of the Council of the City of Bakersfield making certain findings
with respect to a Disposition and Development Agreement between the
Bakersfield Redevelopment Agency and Bell Tower Associates approviag
the proposed sale of certain real property and the Disposition and
Development Agreement for a Multi-Level Parking Structure, was
adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Means
Noes: None
Absent: Councilmen Strong, Christensen, Payne
Adoption of Resolution No. RA4-81 of
the Bakersfield Redevelopment Agency
approving and adopting a Negative
Declaration for the Proposed Dis-
position and Development Agreement
between the Bakersfield Redevelop-
ment Agency and Bell Tower Associates
for the sale of property located in
the Downtown Bakersfield Redevelopment
Project Area and the development of
said property.
Upon a motion by Agency Member Puder, seconded by Agency
Member Lewis, Resolution No. RA4-81 of the Bakersfield Redevelop-
ment Agency approving and adopting a Negative Declaration for the
Proposed Disposition and Development Agreement between the Bakers-
field Redevelopment Agency and Bell Tower Associates for the sale
of property located in the Downtown Bakersfield Redevelopment Project
Area and the development of said property, was adopted by the
following roll call vote:
Ayes
Noes
Agency Members Bilas, Casper, Lewis, Mooneyham, Puder
None
Absent: Agency Members Foth, Winer
Bakersfield, California, December 16, 1981 - Page 6
Adoption of Resolution No. RA5-81 of
the Bakersfield Redevelopment Agency
making certain findings with respect
to a Disposition and Development
Agreement between the Agency and
Bell Tower Associates approving the
proposed sale of certain real property
and the Disposition and Development
Agreement for a Multi-Level Parking
Structure; and authorizing the
execution and implementation of said
Disposition and Development Agreement.
Upon a motion by Agency Member Lewis, seconded by Agency
Member Mooneyham, Resolution No. RA5-81 of the Bakersfield Redevelop-
ment Agency making certain findings with respect to a Disposition
and Development Agreement between the Agency and Bell Tower
Associates approving the proposed sale of certain real property
and the Disposition and Development Agreement for a Multi-Level
Parking Structure; and authorizing the execution and implementation
of said Disposition and Development Agreement,
following roll call vote:
Ayes
Noes
Absent:
was adopted by the
Agency Members Bilas,
None
Agency Members
Agency Chairman
Casper, Lewis, Mooneyham, Puder
Foth, Winer
ADJOURNMENT
Casper adjourned the Redevelopment
Agency's portion of the joint public hearing held to consider the
Disposition and Development Agreement between the Bakersfield
Redevelopment Agency and Bell Tower Associates,
Upon a motion by Councilman Rockoff,
before the Council and Redevelopment Agency on
Development Agreement between the Bakersfield Redevelopment Agency
and Bell Tower Associates, was adjourned at 7:55 P.M.
at 7:55 P.M.
joint public hearing
the Disposition and
YOR of ~-~e City of Bakersfield,
ATTES~/~ ~ 17 . /
C CLERK a~d Ex O~ficio Clerk of the Council
of the City of Bakersfield, California
Cali£.
ma
Bakersfield, California, December 16, 1981
Minutes of a regular meeting of the Council of
of Bakersfield, California, held in the Council Chambers
Hall at 8:00 P.M., December 16, 1981.
the City
of City
The meeting was called to order by Vice-Mayor Barton,
followed by the Pledge of Allegiance and Invocation by Reverend
Wallace Hastings, President of the Greater Bakersfield Ministerial
Association.
The City Clerk called the roll as follows:
Present: Councilmen Rockoff, Barton, Means, Payne, Ratty
Absent: Mayor Shell. Councilmen Strong, Christensen
Minutes of the regular meeting of December 2, 1981 were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Earl Gibbons, representing Elmer F. Karpe, Inc., one
of the principals in a partnership that is purchasing the Union Ice
Company property on Chester Avenue at 34th Street, stated the brick
buildings on the southeast portion of the property were constructed
in 1913 and it is their intention to restore them to their original
beauty. In order to do this practically, due to the difficulty in
financing exi~ingolder buildings, they would like to qualify for
Industrial Revenue Bonds or bonds the Council passed concerning
historical buildings. Mr. Gibbons requested that the Council adopt
an inducement resolution to permit them to qualify for the bonds.
Mr. Gibbons indicated that iT is their intention to request
annexation of that portion of the property that is in the County
area.
Adoption of Resolution No. 95-81 of
the Council of the City o£ Bakers-
field stating its intention to
authorize and issue Industrial
Revenue Bonds and Historical Rehabili-
tation Revenue Bonds.
Upon a motion by Councilman Ratty, Resolution No. 95-81
of the Council of the City of Bakersfield stating its intention to
authorize and issue Industrial Revenue Bonds and Historical
Bakersfield, California, December 16, 1981 - Page 2
Rehabilitation Revenue Bonds, was
call vote:
Ayes:
Noes:
Absent:
adopted by the following roll
Councilmen Rockoff, Barton, Means, Payne, Ratty
None
Councilmen Strong, Christensen
CORRESPONDENCE
Upon a motion by Councilman Payne, communication from
L. W. Potter Trucking Company, dated December 10, 1981, requesting
amendment to the General Plan and zone change to R-3-PD on property
located at 403 Real Road, was received and referred to the Planning
Commission for study and recommendation.
Upon a motion by Councilman Ratty, communication from
the Kern Mosquito Abatement District, dated December 1, 1981,
calling attention to the expiration on December 31, 1981, of Mr.
George H. Barnett, Sr's., term as a member of the Board of Trustees
of the Kern Mosquito Abatement District, was received and ordered
placed on file.
Councilman Ratty indicated that he would talk to Mr.
Barnett prior to the next meeting and if he so desires he will
place his name in nomination at the next Council Meeting.
Upon a motion by Councilman Rockoff, communication from
the Greater Bakersfield Chamber of Commerce to Patrick V. Murphy,
Jr., Chief Essential Air Services Division, Bureau of Domestic
Aviation, Civil Aeronautics Board, Washington, D.C., dated December
ll, 1981, regarding request by Golden West Airlines to become the
permanent essential service carrier for the Bakersfield and Kern
County areas, was received and ordered placed on file.
COUNCIL STATEMENTS
Councilman Rockoff stated he read the Greater Bakersfield
Crime Commission's report and at the next Council Meeting he intends
to make a motion to refer the report and recommendations to a
Council Committee for specific action.
Bakersfield, California, December 16, 1981 - Page 3
'321
prior to
such as,
Tracts.
Councilman Rockoff commended the staff for the progress
report on specific program objectives in the budget.
Councilman Rockoff stated he is going to constantly ask
staff questions about the problem with methane gas in Ward 3.
Councilman Rockoff stated he wanted to assure his
constituents that he will continue to request progress reports on
Zone of Benefit No. l, Improvement District No. 4 and the Sign
Ordinance.
Councilman Means stated he understands the Kern County
Water Agency is drawing the boundaries to realign the census for
the seven districtsand requested that staff provide the Council,
the next Council Meeting, census information per district;
current population per current district, based on Census
Councilman Means commended the staff for the incredible
job they have done in the last year responding to the needs of the
Council and public, and also expressed his appreciation to his
fellow Councilmen and Mayor Shell.
Councilman Barton stated that the letter from Granite
Construction Company objecting to the award of the bid for Annual
Contract for Type B Asphalt to Huntmix, Inc., will be considered
during action on that item scheduled later in the agenda.
REPORTS
Councilman Payne, member of the Water and City Growth
Committee, read Report No. 8-81 regarding Highway 178 Freeway Right-
o~Way, as follows:
On October 3, 1979, the City Council adopted a
Transportation Plan for the Northeast area (Rio
Bravo Annexation) of the City. The Plan identifies
an adopted freeway route, which ultimately will
serve as the alignment for State Route 178. In
addition, on November 4, 1980, the County of
Kern adopted a freeway route in the Rosedale
area which ultimately will serve the West side
of the City.
It seems apparent to the staff the State will
not be building freeways in the City in the near
1322
Bakersfield, California, December 16, 1981 - Page 4
future, therefore, staff feels that some action
should be taken by the City to protect these
adopted routes.
A decision is necessary as to how these adopted
routes should be incorporated into development
on or adjacent to the proposed freeway route,
therefore, the staff had requested a committee
of the Planning Commission to evaluate this
matter and provide staff with a recommended
course of action. The Commission Committee
felt this item is a major factor in the City's
transportation plan and requested that the
City Council provide some assistance and
direction in making a decision on this matter.
Pursuant to the request of the Planning Com-
mission and staff, this matter was referred
to the Water and City Growth Committee for
study and recommendation.
This Committee has met with the staff to
examine alternatives for dealing with proposed
subdivision in the freeway route area.
This Committee discussed four alternatives:
Set precise alignments and as property
develops, require the developer to make an
offer of dedication for the 200 foot right-
of-way.
o
Set precise alignments and as property
develops, the developer would make an offer
of dedication and construct a right-of-way
to arterial or expressway standards with
limited access.
Set precise alignments and as property
develops, have the developer make an offer
of dedication and construct right-of-way
to freeway standards.
4. Do nothing at this time.
This Committee feels that Alternative Number
One (1) is the most desirable. Using this
approach, the developer can develop the area
and the property owners adjacent to the 200
foot dedication will have access and use of
the property, however, no permanent structures
can be built on the referred to property.
Therefore, this Committee recommends the City
Council accept this report and establish policy
requiring developers make an offer of dedication
of 200 feet in the freeway route area.
Upon a motion by Councilman Payne, Water and City Growth
Committee Report No. 8-81 regarding Highway 178 Freeway Right-of-
Way, was accepted; and policy was established requiring developers
to make an offer of dedication of 200 feet in the freeway route area.
Bakers£ield, California, December 16, 1981 - Page 5
1323
Councilman Means, member of the Auditorium-Recreation
Committee, read Report No. 15-81 regarding Special Recreation
District, as follows:
In adopting the 1981-82 Annual Budget for the
Sports Division of the Recreation Department,
the City Council directed staff to investigate
the feasibility of forming a Recreation District.
Pursuant to that objective, staff has prepared
a report dated November 2, 1981, setting forth
the factors related to the formation of a
Recreation District.
This Committee has met with staff to discuss
and review the report. It was noted any
District would have to include both City and
County residences. Such being the case, this
Committee feels it necessary to discuss this
concept with representatives of the County of
Kern.
Therefore, this Committee recommends the City
Council accept the report, and forward it to
the Intergovernmental Relations Committee to
meet with representatives of the Board of
Supervisors.
Upon a motion by Councilman Means, Auditorium-Recreation
Committee Report No. 15-81 regarding Special Recreation District,
was accepted; and the report is to be forwarded to the Intergovern-
mental Relations Committee to meet with representatives of the
Board of Supervisors.
Councilman Means, member of the Auditorium-Recreation
Committee, read Report No. 16-81 regarding Rental Rates and Ticket
Service for Civic Auditorium, as follows:
While adopting the Operating Budget for Fiscal
Year 1981-82, the City Council directed staff
to recommend changes to the City Ordinance to
reflect reductions in rental discounts offered
to certain organizations in addition to up-
dating and recommending various changes in the
rental rates for the Civic Auditorium.
This Committee has met with staff and has re-
viewed the various changes, rental rates, and
discounts as set forth in the proposed ordinance
and resolution. Further, Exhibit A summarizes
the proposed changes in the referred to ordinance
and resolution. The recommended increase in
Items l, 3, 5 and 6, are primarily necessitated
by increased operating costs such as salaries
and wages and related materials and supplies.
1324
Bakersfield, California, December 16, 1981 - Page 6
The proposed increase for Item 2 reflects the
increase in utility charges for maintaining
the temperature of the ice arena. Item 4
reflects a proposed rate consistent with parking
facilities at similar convention centers and
auditoriums in various other cities. Items 7,
8, and 9 were discussed during budget hearings
and the City Council so directed in the adoption
of the budget.
In addition to rental rates, the proposed
resolution authorizes the City to operate
"Ticketron" effective January 1, 1982. While
discussing the feasibility of the Civic
Auditorium ticket facility acting as an agent
for Ticketron, the Committee discussed the
potential problem of long lines for Ticketron
sales affecting ticket sales for an event in
the Civic Auditorium. The Auditorium Manager
feels, and this Committee concurs in the
suggestion of a one-year trial period in
order to examine the affect of such an arrange-
ment between the City of Bakersfield and
Ticketton. As such, this Committee is recom-
mending the agreement be for an initial period
of one year. Additionally, this Committee feels
the Ticketron arrangement is a desirable service
to be offered by the Civic Auditorium as well as
a source of revenue as indicated by Addendum 1
of the proposed agreement.
This Committee concurs with the proposed changes
and additions, and recommends the City Council:
Adopt the ordinance amending Section 5.32.120,
5.32.130 and 5.32.150 relative to the Civic
Auditorium.
Adopt the resolution amending Resolution No.
37-77 respecting commercial rental rates
and ticket service for the Civic Auditorium.
Approve the agreement between the City of
Bakersfield and Ticketron, a division of
Control Data Corporation and authorize the
Mayor to execute.
Upon a motion by Council Means, Auditorium-Recreation
Committee Report No. 16-81 regarding Rental Rates and Ticket Sales
for Civic Auditorium, was accepted; and agreement between the City
of Bakersfield and Ticketron, a division of Control Data Corporation,
was approved and the Mayor was authorized to execute same.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Sections 5.32.120, 5.32.130
and 5.32.150 relative to the Civic
Auditorium.
Bakersfield, California, December 16, 1981 - Page 7
1325
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Sections 5.32.120,
5.32.130 and 5.32.150 relative to the Civic Auditorium.
Adoption of Resolution No. 96-81 of
the Council of the City of Bakers-
field amending Resolution No. 37-77
respecting Commercial Rental Rates
and ticket service for the Civic
Auditorium.
Upon a motion by Councilman Means, Resolution No. 96-81
of the Council of the City of Bakersfield amending Resolution No.
37-77 respecting Commercial Rental Rates and ticket service for
the Civic Auditorium, was adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Means, Payne, Ratty
Noes: None
Absent: Councilmen Strong, Christensen
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 22-81 regarding Use of Revenue
Sharing Funds, as follows:
At the public hearing before the City Council
on August 12, 1981, the Council received various
requests for Revenue Sharing Funds. After
hearing all those who wished to speak, as well
as receiving all written requests, the City
Council referred the requests to the Budget
Review and Finance Committee for study and
recommendation.
The Committee met to discuss the requests,
however, felt the City Council should establish
policy in the use of Revenue Sharing Funds prior
to considering the requests. On August 26, 1981,
the City Council adopted policy for the use of
Revenue Sharing Funds, as follows:
Highest priority be given for the use o£
Revenue Sharing Funds for capital projects
which serve all the residents of the City
of Bakersfield.
Revenue Sharing Funds are not to be used
to finance "ongoing operations."
When projects provide services to County
as well as City residents, the Council
should approve funding providing the County
provides funding in a proportionate and
significant amount.
Bakersfield, California, December 16, 1981 - Page 8
o
The City Council must thoroughly review all
requests to make certain approved funding
would be adequate to assure the projects of
being "viable" projects.
Subsequent to the City Council adopting the above
policy, this Committee has studied each request
in detail, requested additional information
where necessary, and met with each individual
and organization to review and discuss the
details and objectives of each program and
project.
After considering adopted Council policy and
reviewing the various requests for Revenue
Sharing Funds, this Committee recommends the
following:
1. Council policy on the use of Revenue Sharing
Funds be further expanded to include:
ao
Any proposed program or project must
be a definite need of the City of
Bakersfield.
There must be no other funds available
for the funding of the project or pro-
gram.
The proposed program or project will
not duplicate any existing program(s)
or project(s).
do
Funding will not be provided for social
services normally the responsibility of
Counties.
2. None of the requests reviewed be funded
during the 1981-82 Fiscal Year.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 22-81 regarding Use of Revenue Sharing
Funds, was accepted; and policy on the use of Revenue Sharing Funds
was expanded to include ~he recommendations contained in the report.
Councilman Payne voted in the negative on this motion.
Councilman Rockoff, Chairman of the Budget Review and
Finance Committee, read Report No. 23-81 regarding Multi-Family
Mortgage Revenue Bonds, as follows:
The City Council recently received correspondence
regarding tax exempt Multi-Family Mortgage Revenue
Bonds. The correspondence was referred to the
Budget Review and Finance Committee for study
and recommendation.
Bakersfield, California, December 16, 1981 - Page 9
327
Conventional methods of financing apartments
have been economically difficult for some time
due to the high cost of borrowing. The Mortgage
Revenue Bonds' Program is designed to help
public local agencies encourage private enter-
prise to provide apartment development which
this Committee feels is needed within the City
of Bakersfield. The program will allow the
City to issue Revenue Bonds and loan the pro-
ceeds to financial institutions (lenders) for
the purpose of enabling the lenders to finance
multi-family rental housing developments to be
constructed within the City limits. The bonds
and the loans to the lenders would have identical
terms of l0 to 12 years. The lenders' obli-
gations to repay the loans would constitute
general obligation of the lenders without
restrictions as to source of payment.
The program affords below current market
construction and permanent financing funds to
developers of multi-family housing projects
while enabling the developer to deal directly
with local mortgage lenders. The program will
set a maximum rate which would be charged to
the developer on the multi-family loan. Also,
the program requires 20% of the units to be
occupied by persons of low or moderate income
as defined in HUD's Section 8 Program.
On November 18, 1981, the City Council adopted
a resolution enabling the City of Bakersfield
to proceed with a program of tax exempt Mortgage
Revenue Bonds. The resolution did not adopt
any specific program nor authorize any under-
writer or financial institution to proceed at
that time.
As such, we have met with representatives of
two underwriting firms who have made proposals
to the City. The two firms were Bache Halsey
Stuart Shields Incorporated and Newman and
Associates, Inc. This Committee reviewed the
proposals as well as met with representatives
to present their individual proposal with
regards to the program. While all aspects and
differences of each proposal were reviewed as
well as other cities and counties contacted,
several aspects were of major importance to
this Committee in making a recommendation:
The proposal from Bache provides for a
letter of credit from Bank of America to
enhance the security of the bonds. This
letter of credit guarantees a bond rating
of "AAA." Such a rating will ensure a
lower interest rate of the bonds.
Bache being a large brokerage office with
numerous Account Executives and offices
not only in the State of California, but
throughout the Country, would ensure a
more successful bond sale, consequently,
this would tend to provide a lower cost to
the bond issue.
Bakersfield, California, December 16, 1981 - Page 10
This Committee feels one of the objectives
of this program should be to meet the future
housing needs of the City as indicated in
the City's Housing Element. As a result,
where possible, funds should be allocated
to meet these projected needs. From dis-
cussions, it was apparent Bache was flexible
to this approach of determining the location
of apartment projects.
Therefore, this Committee recommends the City
Council select Bache Halsey Stuart Shields
Incorporated as the underwriting firm for the
City of Bakersfield with regards to the Multi-
Family Mortgage Revenue Bond Program and
authorize them to proceed with the necessary
steps so as to return to the City Council with
a listing of projects to be financed under this
program.
Upon a motion by Councilman Rockoff, Budget Review and
Finance Committee Report No. 23-81 regarding Multi-Family Mortgage
Revenue Bonds, was accepted; and recommendations as outlined in the
report were approved.
Adoption of Resolution No. 97-81 of
the Council of the City of Bakers-
field appointing Bache Halsey Stuart
Shields, Inc., as Underwriter for its
Proposed Loans-to-Lenders Multi-
Family Housing Revenue Bonds.
Upon a motion by Councilman Rockoff, Resolution No.
97-81 of the Council o£ the City of Bakersfield appointing Bache
Halsey Stuart Shields, Inc., as Underwriter for its Proposed Loans-
to-Lenders Multi-Family Housing Revenue Bonds, was adopted by the
following roll call vote:
Ayes: Councilmen Rockoff, Barton, Means, Payne, Ratty
Noes: None
Absent: Councilmen Strong, Christensen
Councilman Payne, member of the Business Development and
Parking Committee, read Report No. 7-81 regarding Report on Industrial
Revenue Bond Financing for Megadyne Corporation, as follows:
On November 3, 1981 City staff was approached
by Mr. C. W. Jackson, President and Chief
Stockholder of Megadyne Industries, concerning
the possibility of building and establishing
a plant in the City of Bakersfield.
Bakersfield, California, December 16, 1981 - Page
Discussions with Mr. Jackson indicated the
proposed project would require a 15 acre site
for a facility approximately 150,000 square
feet. The plant would be used to produce
several different products from plastic and
resin based materials. It was indicated that
the cost of the construction would be approxi-
matley $10 million and that the proposed project
would create approximately 200 to 250 jobs for
low to moderate income level potential employees,
with an average annual payroll from $2,600,000
to $4,000,000 per year. Mr. Jackson indicated
that only 15 or 20 of the jobs would be filled
with individuals presently working in other
Megadyne facilities.
Mr. Jackson's primary purpose at this initial
meeting was to determine if the City was willing
to approve the sale of Industrial Revenue Bonds
to help in the construction of this facility.
The process to approve the necessary inducement
resolution by the City Council was set into
motion with a presentation regarding Mr. Jackson's
request by the City Manager to the City Council
at the November 18, 1981 City Council Meeting.
This request was referred to the Business
Development and Parking Committee and resulted
in a meeting with officers of Megadyne Corporation
on November 24, 1981.
On this date the Business Development and Parking
Committee met with an officer of the Megadyne
Corporation to discuss the feasibility of entering
into certain financial agreements whereby making
it financially feasible for Megadyne to develop
a manufacturing plant within the City of Bakers-
field. A presentation was made by Mr. Bob
Kasischke who is the Western Regional Sales
Manager for Megadyne Corporation.
Mr. Kasischke indicated the company is presently
studying the feasibility of locating a manu-
facturing facility in the Central Valley of
California. The President of this company,
Mr. C. W. Jackson, has indicated the desirability
of locating said plant within the City of Bakers-
field. One of the restrictions at present for
this type of development is the high interest
rates presently demanded by banking and lending
institutions. For this reason, it is imperative
that Megadyne arrange more favorable financing
for this project at rates substantially lower
than going market rates for industrial develop-
ment.
The mechanism available to Megadyne for achieving
this is through the issuance of Industrial
Revenue Bonds issued by the City with payment
for debt service guaranteed by Megadyne through
its corporate resources and revenue. After
considerable discussion with the Committee and
Staff regarding alternative methods of financing
and the exposure of the City under this type of
Bakersfield, California, December 16, 1981 - Page 12
bonding, it was indicated that the City may be
willing to consider participating in this type
of agreement. It was agreed upon by the members
of this Committee that a Resolution of Induce-
ment would be recommended for approval. This
resolution will commit the City only to future
consideration of entering into financing agree-
ments with Megadyne Corporation through the
issue of Industrial Revenue Bonds.
Upon a motion by Councilman Payne, Business Development
and Parking Committee Report No. 7-81 regarding Report on Industrial
Revenue Bond Financing for Megadyne Corporation, was accepted; and
recommendations as outlined in the report were approved.
Adoption of Resolution No. 98-81 of
the Council of the City of Bakers-
field stating its intention to
authorize and issue Industrial
Revenue Bonds.
City Attorney Oberholzer corrected an error on Page 1 of
the resolution. It states "Revenue Bonds not to exceed $4,000,000,"
and that amount should be $10,000,000.
Upon a motion by Councilman Payne, Resolution No. 98-81
of the Council of the City of Bakersfield stating its intention to
authorize and issue Industrial Revenue Bonds, as amended, was
adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Means, Payne, Ratty
Noes: None
Absent: Councilmen Strong, Christensen
Councilman Means read a report on the problems surrounding
the 19th Street and Chester Avenue transit area, as follows:
Pursuant to City Council action on October 28,
1981, the Council's Voucher Committee currently
met with representatives of the Downtown
Business Association, Golden Empire Transit
and City staff to discuss problems surrounding
the 19th and Chester transit area. As the
Council will recall, a letter was submitted
to the City by the DBA in September of this
year regarding loitering and littering at this
intersection, which is used by GET as a central
transfer point. In October, the Business
Development and Parking Committee submitted a
report to the Council with recommendations
which they felt would reduce these problems,
however, the majority of the Council felt that
one of the recommendations to punish those
Bakersfield, California, December 16, 1981 - Page
persons sitting on planters within this area
by heavy fines was too severe. As a result,
the Council suggested that the Voucher Committee
review this issue and report back as soon as
possible.
The Voucher Committee is now prepared to make
the following recommendations for Council
approval:
Golden Empire Transit District is requested
to study various alternatives to relocating
the central transfer point from 19th and
Chester to other suitable locations· They
are further requested to submit their study
to the Voucher Committee by February l,
1982.
Have City forces place metal tubing on the
planters located on the west side of 19th
and Chester, which would make it difficult
to use the planters for sitting or laying
on. Cost for materials not to exceed $500.
Remove the City benches adjacent to those
planters located on the west side o£ 19th
and Chester, leaving only those benches on
the sidewalks which are provided for bus
riders.
The City has increased the collection of
trash receptacles, which has helped reduce
the trash problem.
City is to wash down the alley located
between 18th and 19th Streets and Eye and
Chester on a regular basis.
City Police Department to increase the
patrol of this area between now and February
l, 1982, and issue littering citations to
those persons violating the law.
7. Transit District has banned all food and
drink on their buses.
This Committee will meet again to study the
recommendations submitted by GET and report
back to the Council hopefully in February, 1982.
Councilman Means made a motion to approve the recommenda--
tions as outlined in the report regarding problems surrounding the
19th Street and Chester Avenue transit area. Councilman Means
pointed out that recommendations 5 and 6 will only be effective
until February 1, 1982.
Councilman Payne stated he supports the seven recom-
mendations, but still supports the original recommendations made by
3. 2
Bakersfield, California, December 16, 1981 - Page 14
the Business Development and Parking Committee in Report No. 6-81
at the Council Meeting of October 28, 1981, and offered a substitute
motion that the report be adopted and amended to include the fines
for walking, sitting and laying on the planters. After discussion
this substitute motion was withdrawn.
Councilman Means amended motion to approve the recom-
mendations as outlined in the report regarding problems surrounding
the 19th Street and Chester Avenue transit area and the Voucher
Approval Committee make a report back to the Council on February 17,
1982, was unanimously approved.
City Manager Kelmar, on behalf of the staff, expressed
appreciation to Councilman Means for his comments made earlier in
the meeting commending the staff.
City Manager Kelmar reported that at a recent Council
Meeting it was indicated that the Kern County Water Agency agreed
to perform the Economic Study regarding Zone of Benefit No. 1 Tax.
It is suggested that the Council consider the possibility of making
some type of financial contribution towards that study. They are
now in the process of trying to locate firms who can do that type
of work. It might be in the best interest of the City and provide
an opportunity to be more involved in the study, have more input
and, hopefully, be satisfied with the results. The cost of the
study is not known as this time and a dollar amount or percentage
of the study is not being recommended. If the Council feels this
is warranted, it is requested that the City Manager be given the
authorization to indicate to the Kern County Water Agency that the
City might be interested in a financial commitment, depending upon
the cost of the study.
Councilman Means stated there are advantages if the
Council pays some of the cost, however, he is not sure how much
control or what the City would get out of it.
Councilman Ratty made a motion that the Council support
the concept of making some type of financial contribution towards
Bakersfield, California, December 16, 1981 - Page 15
the Economic Study regarding Zone of Benefit Ne. i Tax, until more
data is brought back to the Council. This motion was approved with
Councilman Means voting in the negative.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2886 to 3099,
inclusive, in the amount of $942,880.60.
(b)
Claim for Damages and Personal Injuries
from Autumn Frank, c/o Robert B. Vander-
Noor, Attorney, 1430 Truxtun Avenue, Suite
777, Bakersfield. (Refer to City Attorney)
(c)
Request from Dennis W. Dewalt, Consulting
Civil Engineer, for annexation of areas
adjacent to City Boundaries and part of
the proposed Rio Bravo Golf Course
Development. (Refer to Planning Com-
mission for study and recommendation)
(d)
Quitclaim Deed from the City of Bakersfield
to Robert King and Storm Drain Easement
from Robert King to the City of Bakersfield
for relocation of a storm drain line located
north of Chester Lane and approximately 550
feet east of Rea~ Road.
(e)
Road Easement from Tenneco Realty Develop-
ment Corporation for construction of traffic
signals and turn lanes, located at southwest
corner of Stockdale Highway and Gosford Road.
(f)
Slope Easement from Karl T. and Barbara O.
Stahl, Inc., and Wattenbarger Enterprises,
a California Corporation, for construction
of the south half of College Avenue, as
required by the Planning Commission for
Tract No. 4519, located south of College
Avenue and west of Morning Drive.
(g)
Dedication of Water Line Easement from
Centre Court Investors to the City of
Bakersfield and Quitclaim Deed from City
of Bakersfield to Centre Court Investors
to correct error caused by improperly
executed documents.
(h)
Request from Continental Properties for
an extension of time to complete improve-
ments in Parcel Map No. 5846, Agreement
No. 81-3, located at the southeast corner
of Stine Road and White Lane. The Public
Works Department recommends a twelve month
extension. Completion date for this Parcel
Map was January 14, 1982, and the revised
date will be January 14, 1983.
Bakersfield, California, December 16, 1981 - Page 16
(i)
(J)
(k)
(i)
(m)
(n)
(o)
Application for Encroachment Permit from
Parkhill Development Associates, 2022
De La Vina Street, Santa Barbara, for
construction of a parimeter wall and land-
scaping along the south side of Columbus
Street for Tract No. 4352, near Wenatchee
Avenue.
Application for Encroachment Permit from
Coleman Construction Company, 4301 Stine
Road, Space "A", Bakersfield, for con-
struction of a temporary 3i foot wood and
2
steel rod fence behind sidewalk area on
Berthoud Lane, Tract No. 4143, Lots 7 and
8, at model homes.
Application for Encroachment Permit from
Tom Powelson, 7616 Eastlorne Court, for
construction of a 4 foot high grape stake
fence on top of a 2 fpot high retaining
wall behind back of sidewalk on Glenn
Cliffe Lane, at northeast corner of Glenn
Cliffe Lane and Eastlorne Court.
Contract Change Order No. 1 to Contract
No. 81-129 with Madonna Construction for
construction of curb and gutter in the
Lowell Addition Area. This Change Order
is necessary to relocate fence and recon-
struct sidewalk, portions of which were
damaged during tree removal and portions
which are significantly higher than new
curb and gutters adjacent to the sidewalk,
thus presenting a hazard to pedestrians.
This Change Order increases the contract
$10,005 (4%). Total contract price as a
result of this Change Order is $270,585.
Funds are available from the Community
Development Block Grant Account.
Improvement Agreement for Parcel Map Nos.
6317, 6318, 6319 with La Hacienda, Inc.,
for construction of improvements therein,
located southerly of State Route 178,
easterly of Alfred Hattell Highway.
Notices of Completion and Acceptance of
Work for:
Fire System Improvements on South Owens
Street, between Murdock and Gorrill Streets,
Contract No. 80-185 with California Water
Service Company.
Fire System Improvements on Dewolf Street,
between South Williams and South Haley
Streets, and South Williams Street, between
Potomac Avenue and Dewolf Street, Contract
No. 81-12 with California Water Service
Company.
Notice of Completion and Acceptance o£
Work on Tract No. 4277, Unit 2, Contract
No. 81-19 with Tenneco Realty Development
Corporation, located at the southwest
corner of Olympia Drive and Lilly Drive.
Bakersfield, California, December 16, 1981 - Page 17
(p)
(q)
Upon
(d), (e), (f),
and (q) of the
roll call vote:
Ayes:
Noes:
Absent:
Plans and Specifications for construction
of Multi-Purpose Building at University
Park.
Plans and Specifications for construction
of Chemical Storage Building at the
Corporation Yard of the City of Bakers-
field.
a motion by Councilman Means, Items (a), (b), (c),
(g), (h), (i), (j), (k), (1), (m), (n), (o), (p)
Consent Calendar, were adopted by the following
Councilmen Rockoff, Barton, Means, Payne, Ratty
None
Councilmen Strong, Christensen
ACTION ON BIDS
Upon a motion by Councilman Payne, low bid of Abate-A-
Weed, in the amount of $4,680.96, for 1,200 lbs. Karmex Chemical
for the Public Works Department, was accepted and all other bids
rejected.
Upon a motion by Councilman Means, low bid of Surveyors
Service Company, in the amount of $6,576.24, for a Distance
Measuring Wheel and Electronic Distance Meter, was accepted and
all other bids rejected.
Upon a motion by Councilman Payne, bid of Valley Tree
and Construction, in the amount of $14,978.75, for demolition and
removal of six substandard structures, was accepted.
City Attorney Oberholzer stated, in regards to the letter
from Granite Construction Company objecting to the method by which
the contract for Type B Asphalt was awarded, this item was a lump
sum and not a unit price bid. It is the City Attorney's interpre-
tation, after review, that the unit price sheet that was attached
was not a material part of the contract. The bid quotation request
was a lump sum request and not a unit price bid request.
Upon a motion by Councilman Rockoff, low bid of Huntmix,
Inc., in the amount of $176,490, for Type B Asphalt (Annual Contract
Bakersfield, California, December 16, 1981 - Page 18
No. ACB 11382), was accepted, the other bid rejected and the Mayor
was authorized to execute the contract.
Upon a motion by Councilman Means, low Base Bid and
Alternate A of Granite Construction Company, in the amount of
$192,082, for resurfacing Real Road, California Avenue, Olenader
Avenue and North Chester Avenue, was accepted, ~l other bids
rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Ratty, low Base Bid, plus
Alternates B and C of Granite Construction Company, in the amount
of $631,345.60, for construction of the Truxtun Avenue Extension,
Phase 3, between Westwind Drive and "H" Street, was accepted, all
other bids rejected, the Mayor was authorized to execute the contract
and Budget Transfer, in the amount of $11,569, from Account No.
55-79500-9500 to the appropriate account, was approved.
Upon a motion by Councilman Means, low bid of Ray Gaskin
Service, in the amount of $91,137, for a Self Loading Dump Truck,
was accepted, the other bid rejected and Budget Transfer, in the
amount of $14,137, from Contingency Account No. 81-76100-484 to
Equipment Replacement Fund-Account No. 81-77300-484, was approved.
DEFERRED BUSINESS
Adoption of Ordinance No. 2678 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 710 and 716 Espee Street.
The application for this amendment was made by Victor
Leasing Company and would change subject property from an R-3
(Limited Multiple Family Dwelling) Zone to an R-3-P (Limited Multiple
Family Dwelling - Automobile Parking) Zone.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2678 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
Bakersfield, Cali£ornia, December 16, 1981 - Page
8.q7
commonly known as 710 and 716 Espee Street,
consistent with the General Plan, were adopted by
roll call vote:
Ayes: Councilmen
Noes: None
Absent: Councilmen
finding said zoning
the following
Strong, Christensen
Adoption of Ordinance No. 2679 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of that
certain property in the City of Bakers-
field located on the southeast corner
of California Avenue and East Mohawk
Street and making findings in con-
nection with a P.C.D. Zone.
The application for this amendment was made by Gus
Enterprises, I, and would change subject property from an "A"
(Agricultural) Zone to a P.C.D. (Planned Commercial Development)
Zone, consisting of a motel, restaurant and cocktail lounge.
Upon a motion by Councilman Means, Negative Declaration
and Ordinance No. 2679 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of that certain property in the
City of Bakersfield located on the southeast corner of California
Avenue and East Mohawk Street and making findings in connection
with a P.C.D. Zone, finding said zoning consistent with the General
Plan, were adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Means, Payne, Ratty
Noes: None
Absent: Councilmen Strong, Christensen
Adoption of Ordinance No. 2680 New
Series of the Council of the City of
Bakersfield adopting the Bakersfield
Municipal Code.
Approximately one year ago the City Council adopted
approximately 80 ordinances as a measure to update the City's
Municipal Code. The new Code has been received from the publishers.
Adoption of this Code will repeal the existing Municipal Code.
Rockoff, Barton, Means, Payne, Ratty
Bakersfield, California, December 16, 1981 - Page 20
Upon a motion by Councilman Rockoff, Ordinance No. 2680
New Series of the Council of the City of Bakersfield adopting the
Bakersfield Municipal Code, was adopted by the following roll call
vote:
Ayes: Councilmen Rockoff, Barton, Payne, Ratty
Noes: None
Absent: Councilmen Strong, Christensen, Means
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 within the Rio
Bravo Golf Course and surrounding
properties within Section 14, Town-
ship 29 South, Range 29 East, M.D.M.
The application for this amendment was made by La Hacienda,
Inc., and would change subject properties from an "A" (Agricultural)
Zone to an R-1 (One Family Dwelling), or more restrictive Zone.
The Planning Commission recommended approval of this
zone change request.
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 located within the Rio Bravo Golf Course and
surrounding properties within Section 14, Township 29 South, Range
29 East, M.D.M.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title 13 of the Bakersfield
Municipal Code by adding thereto
Chapter 13.42 relative to dwelling
unit location identification in
Multiple Dwelling Unit Complexes.
This ordinance will require property owners to install
and maintain dwelling unit location identification signage which
will assist emergency personnel - e.g., fire suppression, police,
medical services in locating and responding to calls for emergency
services.
Bakersfield, California, December 16, 1981 - Page 21
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Title 13 of the Baker,s-
field Municipal Code by adding thereto Chapter 13.42 relative to
location identification in Multiple Dwelling Unit
dwelling unit
Complexes.
Approval of request to purchase
larger water storage facilities for
Tracts No. 4188, 4189 and 4190,
located adjacent to Stockdale Highway,
a quarter-mile west of Akers Road.
To meet minimum fire flow requirements for the three
tracts, the developer is required to construct 126,000 gallons of
storage. The storage can be increased to 210,000 gallons at a
cost to the City of $14,000. Enlarging the storage capacity will
provide additional water for fire fighting and will serve an
additional 150 homes. This project has been reviewed with Stetson
Engineers and California Water Service Company and they recommend
the additional storage capacity. Funds are available from budget
savings on the Laurelglen Two Million Gallon Water Storage Project.
The City's Water Board has approved the expenditure of the $14,000.
As the areas adjacent to the tracts are developed, the City will be
reimbursed for this expenditure.
Upon a motion by Councilman Payne, request to purchase
larger water storage facilities, in the amount of $14,000, for
Tracts No. 4188, 4189 and 4190, located adjacent to Stockdale
Highway, a quarter-mile west of Akers Road, was approved.
Approval of Memorandum of Understanding
between the City of Bakersfield, County
of Kern and Kern County Council of
Governments defining the terms and
conditions for an interchange study at
the intersection of State Route 99 and
Route 178.
This study was described in Report No. 10-81 from the
Budget Review and Finance Committee, approved by the Council on
July 1, 1981. The City's share of the cost toward development of
the interchange plan will not exceed $4,000.
Bakersfield, California, December 16, 1981 - Page 22
Upon a motion by Councilman Rockoff, Memorandum of
Understanding between the City of Bakersfield, County of Kern and
Kern County Council of Governments defining the terms and conditions
for an interchange study at the intersection of State Route 99 and
Route 178, was approved and the Mayor was authorized to execute
same.
HEARINGS
This is the time set for continued hearing on an Appeal
by Kern River Development, Inc., to the decision of the Planning
Commission denying its application regarding public access to the
Kern River from Tentative Tract No. 4179-A, located east of
Rancheria Road and west of the Kern River, approximately one mile
north of Highway Route 178.
This hearing was duly advertised, the property owners
notified as required by law, and continued from the Council Meetings
of April 22 and October 28, 1981.
The Planning Commission, at its meeting of March 5, 1981,
made findings that no easement for public access to the Kern River
was proposed or provided by the subdivider from a public highway
through the subdivision to the river or along the bank of the river
within the subdivision, and that no reasonable public access to the
river exists within a reasonable distance from the subdivision.
Accordingly, the Planning Commission recommended denial of the map.
The public portion of this hearing was closed at the
Council Meeting of March 25, 1981, and the matter was referred to
the Water and City Growth Committee for a report back to the Council,
including answers to specific questions asked by the Council and a
copy of the new Supreme Court Ruling.
City Attorney Oberholzer reported on discussions he had
with the Attorney General's Office and State Lands Commission in
order to try to establish a feeling, on their part, on the issue
of public trust with respect to access along the Kern River. They
Bakersfield, California, December 16, 1981 - Page 23
84l
expressed the opinion that they thought it would be a good idea if
the City looked at overall plans for access to the Kern River,
which could include restricting individuals from certain portions
of the river provided there are other portions where access will
be given. Mr. Nickel is proposing a plan for overall access,
which consists of approximately six parts, including a dedication
of land on the southeast corner of Rancheria Road and the Kern
River to Cottonwood Creek; dedication of a 50 foot strip west of
Rancheria Road, along the bluffs on the north side of the river;
dedication of a 50 foot strip from the park area at the Kern River
Golf Course, easterly along the river to the Water Treatment Plant
and from there on an equestrian trail through a portion of the
southern part of the Kern River; and access west of the mouth of
the canyon, an area that does not encompass some of the dangerous
parts of the river in that particular section. This proposed
plan would require some interaction with the County, because parts
of that area go through the County. It will also require adoption
of ordinances by both the County and City with respect to restricted
access in other areas. It is recommended that the Council refer
the matter of access along the Kern River to a Committee so
meetings can be held with County representatives, and other
interested groups, before that plan is presented back to the
Council for adoption. When the overall plan is submitted it should
be given to the State Lands Commission for consideration of the
issue of public trust along the Kern River in this area. The
hearing before the Council tonight should be continued until a date
certain, during which time the Committee could meet with everyone
concerned and submit a proposed plan.
Upon a motion by Councilman Ratty, the matter of an over-
all plan for access to the Kern River was referred to the Water
and City Growth Committee for study and recommendation.
Bakersfield, California, December 16, 1981 - Page 24
Upon a motion by Councilman Rockoff, continued hearing
on an Appeal by Kern River Development, Inc., to the decision of
the Planning Commission denying its application regarding public
access to the Kern River from Tentative Tract No. 4179-A, located
east of Rancheria Road and west of the Kern River, approximately
one mile north of Highway Route 178, was continued until the
Council Meeting of February 24, 1982.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Means, the meeting was
adjourned at 9:40 P.M.
V~-MAYOR of the City of Bakersfield,
ATTEST:
of the City of Bakersfield, California
ma
Calif.