HomeMy WebLinkAboutOCT - DEC 1985Bakersfield, California, October 16, 1985
Minutes of a regular meeting of the Counci! of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 p.m., October 16, 1985.
The meeting was called to order by Mayor Payne, followed
by the Pledge of Allegiance and Invocation by Reverend Robert
Kuyper, Trinity United Methodist Church.
Present:
Mayor Payne.
Councilmen
Ratty, Rockoff, Barton, Childs,
Christensen, Dickerson (seated
at 7:03 p.m.), Moore
Absent: None
MINUTES
Upon a motion by Councilman Ratty, minutes of the regular
meetings of July 10 and 24, 1985; special meeting of July 23,
1985; regular meetings of August 14 and 28, 1985; special meeting
of August 28, 1985; adjourned meeting of September 11, 1985; and
regular meeting of September 11, 1985, were approved as pre-
sented, and the minutes of the regular meeting of September 25,
1985, were approved as corrected.
SCHEDULED PUBLIC STATEMENTS
Samuel L. Schreiber, 3100 Wood Lane, spoke
to approving the Negative Declaration for Castro No.
and the Joint Powers Agreement with the County.
in opposition
4 Annexation
Calvin Heapy, 2610 Tallisman Drive, spoke in opposition
to the emergency ordinance in which non-safety employees are
given the power of arrest and spoke in opposition to the Laborde
Annexation.
Christie Rails, 1104 Castro Lane, requested a response
to a letter she submitted to the City Attorney regarding Castro
No. 4 Annexation protests.
City Attorney Oberholzer indicated that the time for
written protest begins upon the adoption by the Council of the
resolution initiating proceedings in an annexation. The time for
filing protests closes at the close of the protest hearing.
Dorothy Pence, 909 Chape! Drive, spoke regarding areas
of contradiction in the resolution adopting the application.
Naomi R. Jones, 1827 June Avenue, spoke in opposition
to the Castro No. 4 Annexation.
Charles Linfesty, 2217 Elm Street, spoke in opposition
to the rezoning of properties in the City located east of Kern
River, north of 24th Street and west of Oak Street.
CORRESPONDENCE
Upon a motion by Councilman Childs, communication from
City of Carson, 701 East Carson Street, dated September 23, 1985,
requesting Council support League of California Cities' Resolution
No. 71 (Property Tax Revenues), was received and referred to the
Legislative Committee.
Upon a motion by Councilman Rockoff, communication from
Southern California Edison Company, P.O. Box 90801, Long Beach,
California, dated October 2, 1985, regarding Tract Map No. 4519
interfering with their rights within the boundary, was received
and referred to the Planning Department.
Bakersfield, California, October 16, 1985 Page 2
Upon a motion by Councilman Moore, communication from
Mrs. J. E. Van Alstyne, 613 Pebble Beach Drive, dated October 2,
1985, commending the street maintenance division of the Public
Works Department, was received and placed on file.
Upon a motion by Councilman Ratty,
Tenneco Realty Development Corporation, P.O.
October 3, 1985, requesting the vacation of
access rights, was received and referred to
Department.
communication from
Box 9380, dated
the vehicular non-
the Public Works
Upon a motion by Councilman Christensen, communication
from Phyllis and Ray Reischman, 2616 Sara Way, dated October 7,
1985, regarding their support of Castro No. 4 Annexation, was
received and placed on file.
Councilman Rockoff made a motion to receive communica-
tion from Buena Vista School, Route 7, Box 548, dated October 4,
1985, submitting annual report of fees collected and place on
file.
Upon a motion by Councilman Barton, communication from
Buena Vista School, Route 7, Box 548, dated October 4, 1985, sub-
mitting annual report of fees collected, was referred to the Budget
and Finance Committee for study and report back to Council.
Upon a motion by Councilman Rockoff, communication
from Bakersfield City School District, 1300 Baker Street, dated
October 8, 1985, submitting annual report of fees collected, was
received and referred to the Budget and Finance Committee.
Upon a motion by Councilman Rockoff, communication
from Panama Union School District, 4200 Ashe Road, dated October
1985, submitting annual report of fees collected, was received
and referred to the Budget and Finance Committee.
Upon a motion by Councilman Rockoff, communication
from Rosedale Union School District, Route 8, Box 188, dated Octo-
ber 9, 1985, submitting annual report of fees collected, was
received and referred to the Budget and Finance Committee.
Upon a motion by Councilman Rockoff, communication
from Greenfield Union School District, 1624 Fairview Road, dated
October 10, 1985, submitting annual report of fees collected, was
received and referred to the Budget and Finance Committee.
Upon a motion by Councilman Moore, communication Gregory
Heiner, 4508 Harris Road, dated October 6, 1985, in opposition to
Maintenance District No. 14, was received and placed on file.
COUNCIL STATEMENTS
In answer to a question by Councilman Dickerson, City
Attorney Oberholzer stated the requirement for proof of insurance
for individuals operating motor vehicles is a state law and there-
fore applicable within the City of Bakersfield.
REPORTS
An oral report was made by Assistant Fire Chief -
Special Services Kelly regarding Emergency Preparedness Exercise
to be held on October 22, 1985. He stated that the emphasis of
the exercise will be movement of apparatus and personnel by City
departments and outside agencies. The initial site will be the
Bank of America Building on Truxtun Avenue and Chester Avenue.
Bakersfield, California, October 16, 1985 - Page 3
Councilman Christensen, Chairman of the Auditorium and
Community Services Committee read Report No. 7-85, regarding
Smoking Policy, as follows:
After many months of discussion regarding smoking
in the work place, this committee is pleased to
announce that a smoking policy for City Hall has
been finalized and is attached to this report.
Because smoking has been proven dangerous to the
health not only of smokers but to those exposed to
secondhand smoke, this committee has been working
with staff and the Service Employees International
Union, which represents employees of City Hall, on
this proposed policy. In effect, this policy will
restrict all smoking in City Hall.
It will be the responsibility of management to pro-
vide smoke-free areas for non-smokers and provide a
designated smoking area in the employees' lounge
room. No smoking signs will be posted in City Hall
so that they will be clearly visible to persons
entering the building and will subject employees to
disciplinary action if they violate this policy.
All applicants for vacant positions located in
City Hall will be advised of this smoking policy.
The City Council has regulated smoking within the
Council Chambers and will be expected to establish
its own rules in regards to committee meetings.
Also attached to this report is a smoking survey
which was conducted at City Hall. As you can see,
the non-smokers far exceed those people who smoke.
It was their opinion that smoking in the work place
is an employee/employer decision; therefore, this
committee requested their input prior to submitting
this policy to the Council for final adoption.
We are now recommending Council approval of the
attached smoking policy.
Upon a motion by Councilman Christensen, Report No. 7-85
from the Auditorium and Community Services Committee, regarding
Smoking Policy, was adopted and accepted.
Councilman Barton, Chairman of the Urban Development
Committee, read Report No. 19-85, regarding Bikeway Master Plan
for the City of Bakersfie]d, as follows:
At the Council Meeting of August 28, 1985, the mat-
ter of approving the Bikeway Systems Master Plan
was referred to the Urban Development Committee to
consider and make recommendations back to the
Council.
The Bikeway Systems Master Plan would designate
bicycle routes, lanes and paths in the Bakersfield
Metropolitan Area. The plan allows for the system-
atic implementation of bikeways in the City as
street resurfacing or widening improvements are
made throughout the City.
The committee expressed concern that the implemen-
tation of the plan should not require removal of
parking. The staff indicated that the plan inclu-
des a standard which can be accommodated on the
majority of streets without additional paving and
without removing parking. For those streets where
pavement width is a problem, it may be necessary to
Bakersfield, California, October 16, 1985 - Page 4
designate segments of the street as a bike route
rather than a bike lane. This should not require
removal of parking.
It is the recommendation of this committee that the
Bikeway Master Plan be approved with the provision
that no parking will be removed in order to imple-
ment the plan.
19-85
Master
Plan;
Councilman Barton made a motion to accept Report No.
from the Urban Development Committee regarding Bikeway
Plan for the City of Bakersfield; adopt the Bikeway Master
and approve any specific implementation of the Plan.
Councilman Rockoff, Chairman of the Budget and Finance
Committee, read Report No. 18-85, regarding Petition to Amend
Chapter 5.16 of the Bakersfield Municipal Code, as follows:
On September 25, 1985, Donis Heard petitioned the
City Council of the City of Bakersfield to amend
Chapter 5.16 of the Bakersfield Municipal Code per-
taining to the regulation of card rooms within the
City of Bakersfield. This petition was referred
to the Budget and Finance Committee for review and
recommendation.
The committee met with representatives of the
Bakersfield Police Department to discuss the pro-
posed changes in the ordinance. The Police
Department stated that the ordinance is enforceable
and workable the way it presently exists and would
not recommend changing the ordinance based on the
current proposal.
This committee concurs with the Police Department
in that, based on the proposal as written, it does
not warrant changing the ordinance. Therefore, the
committee recommends that the ordinance not be modi-
fied at this time.
The committee recommends the acceptance and appro-
val of this report.
Upon a motion by Councilman Rockoff, Report No. 18-85
from the Budget and Finance Committee, regarding Petition to amend
Chapter 5.16 of the Bakersfield Municipal Code, was received and
the recommendations implemented.
Councilman Rockoff, Chairman of the Budget and Finance
Committee, read Report No. 19-85, regarding Amendment of the
Fiscal Year 1985-86 Operating, Capital Improvement, and
Redevelopment Agency Budgets, as follows:
On May 22, 1985, the proposed annual budget for the
City of Bakersfield was submitted to the City
Council. This document represented the City's
anticipated plan for operating based on the availa-
ble information at that time. The City Council
adopted the City's budget totaling $104,695,411 on
June 26, 1985, with some minor changes reflected in
this committee's Report No. 11-85. As the budget
represents a plan for the operation of the City, it
must reflect changes in budgetary conditions, pri-
orities and additional information which was not
available at the time the preliminary budget was
prepared.
The attached schedules reflect proposed increases
of $1,516,048 and $4,390,800 to the operating and
capital budgets, respectively. The increases to
Bakersfield, California, October 16, 1985 - Page 5
the operating budget are comprised of a $480,000
increase in interfund payments to the City's Self
Insurance Fund, which will provide the funding for
an increase of $180,000 for insurance premiums and
$300,000 to cover the Cit¥'s additional exposure
resulting from an increase of our self insurance
retention (deductible) for general liability insur-
ance from $150,000 to $500,000. The committee rec-
ognizes this significant increase to be largely due
to the "deep pocket" problem affecting governmental
agencies statewide.
Also included in the operating budget are requests
for $122,150 to fund five (5) police positions for
six months and $112,200 for two months training for
fire personnel to staff Station #44 per the
City/County fire agreement. These items reflect
the Counci]'s commitment to provide adequate public
safety services to the community.
Other operating budget changes include $200,000 for
retired employee medical insurance premiums and
payments to retiring employees for accumulated
vacation and sick leave and a request for $83,000
in equipment repair and/or replacement for the
Auditorium, which is required for continued operation.
The capital improvement budget increases are com-
prised of $2,263,000 to facilitate the expansion of
the Airpark with FAA grant revenues, an additional
$1,500,000 provided by the developer (Tenneco) to
construct an outfall line for the distribution of
effluent from Wastewater Treatment Plant #3, $242,000
to equip Fire Station #44, and $285,000 for the develop-
ment of a park at Harris and Akers Roads. The committee
notes that these projects are consistent with actions
or direction given by the City Council.
There are decreases in the capital improvement
budget which represent a reduction in
Transportation (TDA) funds of $1,133,000 and a
shift of $540,000 in Revenue Sharing from a project
appropriation account to an interfund transfer
account to facilitate the transfer of funds to the
Airpark Fund for acquisition and expansion.
Pursuant to the review of these items by the com-
mittee, we would recommend the acceptance and
approval of this report and the amendments to the
operating and capital improvement budgets as
detailed in the attached schedule.
Upon a motion by Councilman Rockoff, Report No. 19-85,
from the Budget and Finance Committee, regarding Amendment of the
Fiscal Year 1985-86 Operating, Capital Improvement, and Redevelopment
Agency Budgets, was received and the recommendations accepted.
Adoption of Resolution No. 143-85 of the
Council of the City of Bakersfield
Amending Resolution No. 93-85 Approving and
Adopting the Operating, Capital
Improvement, and Redevelopment Agency
Budgets for the Fiscal Year 1985-86.
Upon a motion by Councilman Rockoff, Resolution No.
143-85 of the Council of the City of Bakersfield, was adopted by
the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton,
Dickerson, Moore
Noes: None
Absent: None
Childs, Christensen,
Bakersfield, California, October 16, 1985 - Page 6
Councilman Rockoff, Chairman of the Budget and Finance
Committee, read Report No. 20-85, regarding Increase in School
Crossing Guard Budget, as follows:
On April 25, 1984, the City of Bakersfield entered
into a five-year agreement, No. 84-74, for the
administering of a school crossing guard service
program with Gordon Special Services, Inc. (dba J &
J Special Services)· This agreement called for an
administrative fee of $185 per month per crossing
guard location for a ten-month period. Since that
time, the contractor has experienced a significant
increase in premiums for general liability
coverage. The contractor has requested an increase
of $20 per month per location to pay for the City's
portion of the increased insurance costs. This
will make the administrative cost per site $205 and
will require the appropriation of an additional
$5,000 to cover this increase for City locations.
Additionally, in September 1985 the Council author-
ized two additional crossing guard locations,
bringing the total to 21. The appropriation of
$12,000 is required to fund these additional sites
through the end of the school year. The establish-
ment of a special district to fund these locations
is in progress; however, funds must be appropriated
to provide for these new sites.
Therefore, this committee recommends that the
Council authorize a transfer of $17,000 from
Council Contingency to the Police budget to cover
these additional costs. If a special district is
established to fund the two additional locations,
the special district can reimburse the City's gen-
eral funds for the related cost. The committee
recommends the acceptance and approval of this
report.
Upon a motion by Councilman Rockoff, Report No. 20-85
from the Budget and Finance Committee, regarding Increase in
School Crossing Guard Budget, was accepted and the recommendations
implemented.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
Allowance of Claims Nos. 1516 to 1999 inclusive,
in the amount of $2,053,076.33.
Claim for Damages from Eugene League, 2103
Center Street, Bakersfield. (Refer to City
Attorney)
Claim for Damages from Stanley Joe Dodson,
1408 Duke Drive, Bakersfield. (Refer to City
Attorney)
Claim for Damages and Personal Injuries from
Barry F. Haggard, c/o Chain, Younger,
Lemucchi, Noriega, Cohn, Stiles & Rodriguez,
1128 Truxtun Avenue, Bakersfield. (Refer to
City Attorney)
Claim for Damages and Personal Injuries from
Michael Rhys Davies and Kathleen S. Davies,
c/o Chain, Younger, [oemucchi, Noriega, Cohn,
Stiles & Rodriguez, 1128 Truxtun Avenue,
Bakersfield. (Refer to City Attorney)
Bakersfield, California, October 16, 1985 Page 7
mo
Claim for Damages and Personal Injuries from
Liza Del Rio, c/o J. Robert Montgomery, Jr.,
1015 - 12th Avenue, P.O. Box 459, Delano,
California. (Refer to City Attorney)
Claim for Damages from Cornerstone
Engineering, 2032 17th Street, Bakersfield.
(Refer to City Attorney)
Application to Present Late Claim from Ronald L.
Johnson, P.O. Box 107, Rd. 2, Tehachapi,
California. (Refer to City Attorney)
Claim for Damages and Personal Injuries from
Daniel Woldridge, P.O. Box 740, Bakersfield.
(Refer to City Attorney)
Claim for Damages and Personal Injuries
Jamal Ausbie, P.O. Box 740, Bakersfield.
(Refer to City Attorney)
from
Dedication of Property:
Street Right-of-Way Deed from James L.
Frederickson, et. al., for the dedica-
tion of a portion of Harris Road and
Stine Road as required by the Planning
Commission for the approval of Tract
4688, Phase I.
Public Utility Easement from Tenneco
Realty Development Corporation to the City
of Bakersfield in exchange for a quitclaim
deed from the City of Bakersfield to
Tenneco Realty Development Corporation for
relocation of existing 6' x 6' P.U.E.'s
within Parcel Map 7642 located north of
District Boulevard and east of Borman Way.
Street Right-of-Way Deeds for temporary
turn-arounds and access road and Grant
Deed for 25-foot landscape strip from
Shadow Ridge limited and Bakersfield
Country Club Development, LTD., as
required by the Planning Commission for
approval of Tract 4744 Phase I.
Street Right-of-Way Deed from Robert J.
and Twy]a S. Matsumoto for additional
street right-of-way for curb return as
required for the development of the
County Library located on Ming Avenue
west of Gosford Road.
Maps and Improvement Agreement.
Improvement Agreement for Parcel Map 7563
with Granite Construction for improvements
north of Brundage Lane and east of
Quantico Avenue.
Notice of Completion and Acceptance of Work on:
Tract No. 4664 Unit 1, Contract No.
84-130, with Homestead Land Development
Corp., at the northwest corner of Panama
Lane and Monitor Street.
Bakersfield, California, October 16, 1985 - Page 8
Tract No. 4664 Unit 2, Contract No.
84-131, with Homestead Land Development
Corp., at the northwest corner of Panama
Lane and Monitor Street.
Tract No. 4664 Unit 3, Contract No.
84-132, with Homestead Land Development
Corp., at the northwest corner of Panama
Lane and Monitor Street.
Tract No. 4664 Unit 4, Contract No.
84-133, with Homestead Land Development
Corp., at the northwest corner of Panama
Lane and Monitor Street.
5. Parcel No. 6539, Contract No. 82-77, with
Sill Properties, Inc., at Sillect Avenue
and Arrow Street.
6. Parcel No. 6021, Contract No. 81-4, with
Sill Properties, Inc., at Sillect Avenue
and Pierce Road.
n. Applications for Encroachment Permit from:
Weatherby's Furniture Store, 620 Chester
Avenue, Bakersfield, for the construction
of a decorative roof overhang at 620
Chester Avenue.
Elmer F. Karpe, Inc., and Dolores L.
Kreutzer of Bakersfield for the construc-
tion of a 24-inch high retaining wall at
the back of sidewalk on Ardmore Avenue
and a 6-foot block wall located 10 feet
behind the curb on Ardmore Avenue, south
side, east of Stine Road at 1924 Stine
Road.
Elmer F. Karpe, Inc., and Ardmore Owner's
Association of Bakersfield for the con-
struction of a 24-inch high retaining
wall behind the sidewalk on Ardmore
Avenue on the north side between Stine
Road and 4130 Ardmore Avenue.
Olive Drive Investments, 555 California
Avenue, Bakersfield, for constructing a
building overhang 3 feet into a City
sewer easement and to construct a low
garden wall within the easement, located
at 2621 Oswell Street.
Approval of Plans and Specifications:
1. Plans and Specifications for construction
of Community House Parking Lot.
Plans and Specifications for Traffic
Signal Modifications on South "H" Street
at White Lane.
Indenture with Southern Pacific Transportation
Company allowing the City to operate and main-
tain a public sewer main within the railroad
right-of-way north of Pacheco and east of
Wible Road.
Bakersfield, California, October 16, 1985 - Page 9
Uo
Wo
Contract Change Order No. 1 to Contract No.
85-96 with HPS, Inc·, for Union Avenue Sewer
Replacement. This Change Order provides for
rerouting an existing storm drain to avoid
conflict with the sewer installation and pro-
vides for an increased asphalt concrete pave-
ment thickness as required by State Highway
Engineers.
Program Supplement No. 24 to Local
Agency-State Master Agreement between the
State of California and the City of
Bakersfield covering railroad grade crossing
protection on Planz Road at SPTC Crossing No.
BT 317.9, east of South "H" Street.
Program Supplement No. 25 to Local
Agency-State Master Agreement between the
State of California and the City of
Bakersfield for street improvements on Gosford
Road, between Ming Avenue and Stockdale
Highway.
Program Supplement No. 26 to Local
Agency-State Master Agreement between the
State of California and the City of
Bakersfield for street improvements on Ashe
Road, between Sanders Lane and Stockdale
Highway.
Agreement with National Advertising Company,
division of 3M, for one billboard (painted
sign), located at the northeast corner of
Columbus Avenue and Chester Avenue·
a
Agreement with National Advertising Company,
division of 3M, for three billboards (poster
signs), one located at the Kern River levy
east of Chester Avenue, and two located east
of Chester Avenue, south of Beardsley Avenue.
a
Agreement with Kunz& Company for one bill-
board (poster sign), located on the east bank
of the Carrier Canal south of Go]den State
Avenue.
Agreements to provide recreational activities
for the following:
1. Tennis Lessons Linda Crawford
2. Calligraphy-Crafts Susan Anderson
3. Scuba Diving Shannon P. Rock
4. Art for Children Estrella Smith
5. Ceramics Laurel Schremp
6. Painting June Gabel
Upon a motion by Councilman Rockoff, Items a, b, c, d,
e, f, g, h, i, j, k, l, m, n, o, p, q, r, s, t, u, v, w, and x of
the Consent Calendar, were approved by the following roll call
vote:
Ayes: Councilmen
Noes: None
Absent: None
Ratty, Rockoff, Barton, Childs, Christensen,
Dickerson, Moore
Bakersfield, California, October 16, 1985 - Page 10
ACTION ON BIDS
Upon a motion by Councilman Dickerson, bids for
rental carpet for Auditorium exhibits and special events, was
referred to the Auditorium and Community Services Committee by the
following roll call vote:
Ayes: Councilmen Rockoff, Childs,
Noes: Councilman Ratty, Barton
Absent: None
Chr i s t ensen,
Dickerson, Moore
Upon a motion by Councilman Ratty, low bid from Pacific
International Merchandise Corporation, in the amount of $5,191.35,
for colt pistols, was accepted and all other bids rejected.
Upon a motion by Councilman Childs, low bid from H. V.
Carter Company, in the amount of $27,316.20, for turf sweepers,
was accepted and the other bid rejected.
Upon a motion by Councilman Barton, low bid from James G.
Francis for base bid plus units B and C, in the amount of
$172,495.00, for street improvements on South "H" Street from
White Lane to Fairview Road, was accepted all other bids rejected
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Ratty, usual bidding
requirements were dispensed with, in accordance with Municipal
Code Section 3.20.060, and the Finance Director was authorized to
negotiate a price to purchase ten used cars for surveillance work,
not to exceed $100,000.
Upon a motion by Councilman Christensen, usual bidding
requirements were dispensed with, in accordance with Municipal
Code Section 3.20.060, and the Finance Director was authorized to
negotiate a price with Motorola Communication to purchase two
Motorola Radios for the Police Department, not to exceed
$5,000.00.
DEFERRED BUSINESS
Adoption of Ordinance No. 2995 New Series
of the Council of the City of Bakersfield
amending Section 17.06.020 of Chapter
]7.06 (Zoning Map) of the Municipal Code
of the City of Bakersfield regarding pre-
zoning of property known as Castro No. 4
Annexation.
This ordinance was given first reading at the meeting of
September 25, 1985.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2995 New Series of the Council of the City of
Bakersfield finding said zoning consistent with the Genera] Plan,
were adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Ratty, Rockoff, Barton, Childs, Christensen,
Dickerson, Moore
None
None
Adoption of Resolution No. 144-85 of the
Council of the City of Bakersfield
Establishing Maintenance District No. 14
and confirming the assessment
(Resolution of Intention No. 986
(Akers and Harris).
A public hearing was held at the Council Meeting of
September 11, 1985. Action on this item was deferred to allow the
Board of Supervisors time to adopt a similar resolution. The
Board of Supervisors adopted their resolution on October 8, 1985.
Bakersfield, California, October 16, 1985 - Page 11
25,
Councilman Moore made reference to the letter he
received from Gary Heiner, 4508 Harris Road, dated October 6,
1985, expressing opposition to Maintenance District No. 14.
Upon a motion by Councilman Dickerson, Resolution No.
144-85 of the Council of the City of Bakersfield, was adopted by
the following roll call vote:
Ayes: Councilmen
Noes: None
Absent: None
Ratty, Rockoff, Barton, Childs, Christensen,
Dickerson, Moore
Zoning Resolution No. 323 of the Council
of the City of Bakersfield approving a
modification requested by Mulock's
Distributing, Inc. to permit a
269-foot-high antenna tower (and 10' x
10' equipment room) where the maximum
height otherwise permitted is 105 feet in
an M-1 (Light Manufacturing) Zone on that
certain property commonly known as 400
California Avenue.
Upon a motion
No. 323, of the Council
the following roll call
by Councilman Dickerson, Zoning Resolution
of the City of Bakersfield, was adopted by
vote:
Ayes:
Noes:
Absent:
Councilmen Ratty, Rockoff, Barton, Childs, Christensen,
Dickerson, Moore
None
None
HEARINGS
This is the time set for continued public
hearing before the Council for the pur-
pose of considering an application for a
modification requested by Carver
Development to amend the modification
permitting a 12-story office building at
5060 California Avenue approved by the
Board of Zoning Adjustment on September
22, 1981, to permit two, four-story
office structures and two, four-story
parking structures within the open area
surrounding the 12-story structure in a
C-O (Commercial and Professional
Office) Zone.
This hearing was continued from the meeting of September
1985, and has been duly advertised and posted.
Deputy City Manager Strenn read the following staff
report regarding Modification No. 4385 Carver Development, as
follows:
Subject property contains 10.34 acres and is devel-
oped with a 12-story office building with parking
and landscaping surrounding the structure. The
site is surrounded by California Avenue, Mohawk
Street, Tower Way and West Commercenter.
The 12-story office structure was allowed by
Conditional Use Permit #3657, approved by the Board
of Zoning Adjustment on September 22, 1981. The
Board approved a building height of 172 feet where
the maximum was 45 feet. The justification was the
large setbacks from all of the perimeter streets
resulting in less building coverage and a more open
',!5,
Bakersfield, California, October 16, 1985 Page 12
appearance which controlled the density and lessened
the impact of light, air and visibility on the
surrounding properties.
This application is to amend the modification which
permitted the 12-story office building by adding a
four-story office structure on the corner of
California Avenue and Mohawk Street and a four-
story parking structure on the corner of Tower Way
and West Commercenter, both to be within the open
area surrounding the 12-story structure.
The original application was for the addition of
two, four-story office structures and two, four-story
parking structures to be built in phases. The
applicant has subsequently revised the application
by eliminating the one office structure and one
parking structure. As documented by the City
Manager's memo (attached) the revised application
resolves issues raised by neighboring property
~wners.
The proposed four-story office structure will con-
tain 100,408 square feet of gross floor area and
the four-story parking structure will contain 748
parking spaces, combined with the existing 12-story
structure (less basement) there will be 27,992
square feet of gross office space with a total of
1,182 parking spaces.
Architecture
The site appearance will be enhanced by a front
eatrance treatment to include a decorative pedes-
trian walkway, landscaping and water fountain on the
California frontage. In addition, the existing
perimeter berming and landscaping will continue to
mature which will soften views of the buildings and
parking structure.
Recommendation
The Planning staff recommends approval of this
modification as submitted, subject to the following
conditions:
1. A right turn lane shall be constructed on
California Avenue at Mohawk Street.
2. Traffic signal equipment and poles, storm drain
facilities and other related infrastructure shall
be relocated or modified as needed to accommodate
the required right turn lane.
3. Project shall comply with mitigation measures
outlined in the "traffic analysis for the Shell
Plaza Office Development in Bakersfie]d," prepared
by Crain and Associates of Los Angeles, dated
September, 1985.
4. Preferred parking places shall be reserved for
employee car pools. Spaces will be clearly marked
in the parking area and located as approved by the
Planning Director.
5. The developer shall contribute a proportionate
share toward bike lanes on California and Mohawk
when installed at a later date.
6. Flextime shall be implemented so that at least
one-half of the daily employment shall commute at
off peak times.
Bakersfield, California, October 16, 1985
Page 13
Roy Carver, Carver Development,
tion is for a four-story office building
structure which will fill a need of Shell
expand in Bakersfield.
stated that his applica-
and a four-story parking
California Production to
Ernie Cobb, Manager of Purchasing and Administrative
Services, Shell California Production, spoke in support of the
application by Carver Development.
John Brelsford, President and owner of Diversified
Development Group, part owner of Charles Tingey Associates, and
partner and managing partner of 900 Mohawk Investors, spoke in
opposition to the proposed project by Carver Development.
Tom Richards, of Penstar, the managing partner of the
office complex at 901 Tower Way, spoke in opposition to the appli-
cation by Carver Development.
No further protests or objections being received, and no
one else wishing to speak in favor, Mayor Payne closed the public
portion of the hearing for Council deliberation and action.
Councilman Ratty made a motion to approve the Negative
Declaration and the modification as submitted subject to the con-
ditions set forth in the staff report and make the following fin-
dings: 1) the granting of this modification will not be
materially detrimental to the public welfare nor will it be inju-
rious to the property or improvements in the zone or vicinity in
which the property is located; 2) the granting of such modification
is necessary to secure appropriate improvement or improvements on
the lot or lots; and 3) the granting of such modification is not
inconsistent with the purposes and intent of Title 17 of the
Bakersfield Municipal Code. This motion was approved by the fol-
lowing roll call vote:
Ayes:
Noes:
Absent:
Councilmen Ratty, Rockoff, Barton,
Dickerson, Moore
None
None
Childs,
Christensen,
This is the time for continued hearing
before the City Council on an appeal by
Kim Wold to the decision of the Planning
Commission recommending approval of the
zone change from an R-1 (One Family
Dwelling Zone) and an MH (Mobile Home)
Zones to M-I (Light Manufacturing) Zone
affecting that certain property generally
located south of Harris Road, west of
Freeway 99 to Wible Road.
This appeal involves the same property as Segment VI of
proposed amendment to the Bakersfield Metropolitan Area General
Plan heard by the Council at the meeting of August 28, 1985. This
appeal was continued from the meeting of August 28, 1985.
Mayor Payne declared the hearing open for public par-
ticipation.
Harry Tow, Quad Consultants, was present to represent
the applicant and answer questions.
No protests or objections being received,
else wishing to speak in favor, Mayor Payne closed
Council deliberation and action.
and no one
the hearing for
Bakersfield, California, October 16, 1985 - Page 14
Upon a motion by Counci]man Dickerson, the appeal by Kim
Wold to the decision of the Planning Commission recommending appro-
val of the zone change affecting certain property generally
located south of Harris Road, west of Freeway 99 to Wible Road,
was denied by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Ratty, Rockoff, Barton, Childs, Christensen,
Dickerson, Moore
None
None
This is the time set for public hearing
on Resolution of Intention No. 991 of the
Council of the City of Bakersfield
declaring its intention to order the
vacation of 20 feet of the right-of-way
on the west side of Pierce Road between
Brittan Road and Orin Way in the City of
Bakersfield.
Mayor Payne declared the hearing open for public par-
ticipation.
Chuck Jimerson, owner of Holden Truck Plaza, 3775 Pierce
Road, spoke in support of the vacation.
Pat Ryan, owner of property adjacent to Holden Truck
Plaza, spoke in support of the vacation.
Upon a motion by Councilman Ratty, Resolution No. 145-85
of the Council of the City of Bakersfield ordering the vacation of
20 feet of the right-of-way on the west side of Pierce Road bet-
ween Brittan Road and Orin Way in the City of Bakersfield, was
adopted by the following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton,
Dickerson, Moore
Noes: None
Absent: None
Childs,
Christensen,
This is the time set for public hearing
on Resolution of Intention No. 992 of the
Council of the City of Bakersfield
declaring its intention to order the
vacation of the alley within Block 352
between "K" Street and "L" Street in the
City of Bakersfield.
Mayor Payne declared the hearing open for public par-
ticipation. No protests or objections being received, and no one
wishing to speak in favor, Mayor Payne closed the public hearing
for Council deliberation and action.
Upon a motion by Councilman Ratty, Resolution No. 146-85
of the Council of the City of Bakersfield ordering the vacation of
the alley within block 352 between "K" Street and "L" Street in
the City of Bakersfield, was adopted by the following roll call
vote:
Ayes: Councilmen
Noes: None
Absent: None
Ratty, Rockoff, Barton, Childs, Christensen,
Dickerson, Moore,
Bakersfield, California, October 1~, 1985 - Page 15
This is th~ time set for public hearing
regarding the Amendment to the Land Use
and the Circulation Elements of the
Bakersfield Metropolitan Area General
Plan and Proposed Environmental Documents
concerning the following genera] areas:
SEGMENT II:
LEROY JACKSON has applied to amend
the General Plan Land Use Element
designation from Office to
Commercial on 6.84 +/- acres located
at the southeast corner of 24th
Street and Oak Street.
SEGMENT III:
WILLIAM YOUNG has applied to amend
the General Plan Land Use Element
designation from Low Density
Residential to Commercial on 0.95
acre located South of Adanac Court
and near the intersection ot Wlble
.~oad and Wfllte Lane.
SE~ENT IV:
CITY OF BAKERSFIELD is proposing to
change the Land Use and Circulation
Element Amendment, Adoption of the
Laborde Specific Plan, Adoption of
Negative Declaration and initiation
of Annexation for the area generally
located north ot the Kern River,
south oI Norris Road, east
Calloway Drive and west of Cottee
..oad being approximately 3,000
acres.
SEGMENT ¥:
CITY OF BAKERSFIELD is proposing to
amend the Land Use Element to iden-
tify flood prone areas and include a
statement of density and intensity
of anticipated development.
This hearing has been duly advertised and the property
owners notified as required by law.
The Planning Commission approved Negative Declarations
~or Segments III, IV and ¥, denied the Negative Declaration for
Segment I! and Segment II, approved Segment III, with conditions
and approxe] Segment IV including an amendment to the Circulation
Element, and recommended approval of Segment V.
Communication was received from Tri-Communlty Ad-Hoc
Committee, dated October 16, 1985, opposing the adoption of a
Negative Declaration for the Northwest BaRerslleld Annexation.
Mayor Payne declared the hearing open for public partic-
ipation on Segment II.
Leroy Jackson, requested that his hearing on an appeal
to the deci;ion ol the Planning Commission recommending denial of
the zone change from C-O-D (Oilice-Commercial) Zone to C-2
(Commercial) Zone on 6.84 +/- acres located at t~e southeast corner
of 24th and O~k Streets, be heard at this time. Mr. JacRson sub-
mitted a letter outlining his objections raised at the Planning
Commission meeting.
J. R. Smeed, owner of the property in Segment II, spoke
in support of t~e amendment to the General Plan.
Wes Davis, 2211 Elm Street, requested this project be
tabled unti! the ~igh,,'~y 178 Corridor project is more definite.
Bakersfield, California, October 16, 1985 Page 16
Charles Linfesty, 2217 Elm Street, expressed concern
about the excessive traffic, noise and reduction in property
values, inadequately stated plans, businesses involved; and addi-
tional crime in the park area. He submitted letters from Henry C.
Mack, 2310 Elm Street and Emma C. Conron, 2216 Elm Street, who
have changed their position on this project.
City Attorney Oberho]zer indicated that the Memorandum
from Dewey Sceales, Planning Director, dated October 9, 1985,
regarding 24th and Oak Genera! Plan Amendment - Supplemental
Report, be entered as part of the record.
No further protests or objections being received, and no
one else wishing to speak in favor, Mayor Payne closed the public
portion of Segment II.
Mayor Payne declared the hearing open for public partic-
ipation on Segment III.
Robert King, Quad Consultants, was present to answer any
questions regarding Segment III.
No protests or objections being received, and no one
else wishing to speak in favor, Mayor Payne closed the public por-
tion of Segment III.
Mayor Payne declared the hearing open for public partic-
ipation on Segment IV.
Ernie Reynolds, President of Reynolds Environmental
Group, 3190 J. Airport Loop, Costa Mesa, California, spoke in sup-
port of the General Plan Amendment proposed for Segment IV.
Roger Mcintosh, Civil Engineer with Morton and
Mcintosh, spoke in support of the annexation proposed for Segment
IV.
Dean Gay, property owner between the Kern River and
Rosedale Highway, spoke in support of the annexation.
No protests or objections being received, and no one
else wishing to speak in favor, Mayor Payne closed the public por-
tion of Segment IV.
Mayor Payne declared the hearing open for public partic-
ipation on Segment V. No protests or objections being received,
and no one wishing to speak in favor, Mayor Payne closed the pub-
lic portion of Segment V.
Councilman Childs made a motion to deviate from the
agenda in order to act on Segment II[. This motion was defeated
by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Ratty, Childs,
Councilmen Rockoff, Barton,
None
Christensen,
Dickerson, Moore
RECESS
Upon a request by Councilman Childs, the Meeting was
recessed at 9:30 p.m., and reconvened at 9:35 p.m.
Adoption of Resolution No. 147-85 of the
Council of the City of Bakersfield refer-
ring Segment II of Proposed Amendment to
the Land Use Element of the Bakersfield
Metropolitan Area General Plan (Land Use
Amendment 3-85).
Bakersfield, California, October 16, 1985 - Page 17
Councilman Moore made a motion to refer the project back
to the Planning Commission for review of specific plans and addi-
tional environmental analysis. Resolution No. 147-85, of the
Council of the City of Bakersfield, was adopted by the following
roll call vote:
Ayes: Councilmen Ratty, Rockoff,
Moore
Noes: None
Absent: None
Abstaining: Councilman
Dickerson
Barton, Childs, Christensen,
Adoption of Resolution No. 148-85 of the
Council of the City of Bakersfield Making
Findings, Adopting Negative Declaration
and Approving Segment III of Proposed
Amendment to the Land Use and Circulation
Elements.
Upon a motion by Councilman Ratty, Resolution No. 148-85
of the Council of the City of Bakersfield, was adopted with condi-
tions by the following roll call vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Ratty, Rockoff, Barton, Childs, Dickerson,
Moore
None
None
Councilman Christensen
Adoption of Resolution No. 149-85 of the
Council of the City of Bakersfield Making
Findings, Adopting Negative Declaration
and Approving Segment IV of Proposed
Amendment to the Land Use and Circulation
Elements.
Upon a motion by Councilman Moore, Resolution No. 149-85
of the Council of the City of Bakersfield, was adopted by the fol-
lowing roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton,
Dickerson, Moore
Noes: None
Absent: None
Childs,
Christensen,
Adoption of Resolution No. 150-85 of the
Council of the City of Bakersfield
Making Findings, Adopting Negative
Declaration and Approving Segment V of
Proposed Amendment to the Land Use
Element.
Upon a motion by Councilman Ratty, Resolution No. 150-85
of the Council of the City of Bakersfield, was adopted by the fol-
lowing roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Christensen,
Dickerson, Moore
Noes: None
Absent: None
The appeal by Leroy Jackson to the decision of the
Planning Commission recommending denial of the zone change from
C-O-D (Office-Commercial) Zone to C-2 (Commercial) Zone on 6.84
+/- acres located at the southeast corner of 24th and Oak
Streets, was heard after the first New Business item.
Bakersfield, California, October 16, 1985 - Page 18
NEW BUSINESS
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Subsection A of Section
15.04.080, Subsection A of Section
7.72.010, and adding Sections 3.40.150
and 5.60.010 to the Bakersfield Municipal
Code to provide that certain non-safety
employees are given the power of arrest.
Councilman Christensen asked the City Attorney the fol-
lowing questions:
1. Why is the ordinance of non-safety employees given
power of arrest an emergency ordinance now?
City Attorney Oberholzer stated that the Charter author-
izes Council to pass emergency ordinances on this type of issue.
The reason the ordinance falls within an emergency category is it
provides for the daily efficient operation of that department and
provides for the preservation of public safety. In July a police
officer assisted Building Department and Business Licensing per-
sonnel for a total of 39 hours, and in August, a police officer
spent 28 hours assisting. The officer could have spent that time
on investigations other than code enforcement. The power of
arrest is the right to issue a citation to an individual. A
police officer has no knowledge of the situation and if the
Building and Business License employees were appointed to issue
citations they could handle the situations themselves. Those per-
sonnel will not be carrying guns nor providing other law enforce-
ment services; only issuing citations for municipal code
violations so that a police officer will not be taken off of the
street.
2. How many people have needed to be arrested this year
that were not?
City Attorney Oberholzer indicated that he did not know.
3. What is the real reason for this?
City Attorney Oberholzer stated that this ordinance has
been offered to the Council because it falls within the Counci]'s
authority to issue an emergency ordinance because it provides for
the efficiency and cost effectiveness of the operation of City
government.
4. Why not a public hearing to warn the developers?
City Attorney Oberholzer stated that ordinances do not
require public hearings. No ordinance is being passed or proposed
that changes any requirements of any developers, building con-
tractors or businessmen.
5. Will this ordinance be a criminal offense?
City Attorney Oberholzer stated this ordinance has no
criminal penalties.
6. Did the Police Department request this ordinance?
City Attorney Oberholzer responded that staff has worked
with the Police Department and they find that it will provide for
more efficient utilization of their personnel.
7. Will a homeowner who puts in a water heater replace-
ment without a permit be subject to arrest?
City Attorney Oberholzer responded that
of persons to arrest will not change in any way by
provisions.
the subjection
these
Bakersfield, California, October 16, 1985 - Page 19
8. Will every cited person have to appear in court and
have this on his record as a criminal offense?
City Attorney Oberholzer stated that this is a norma]
citation that would be issued by a Police Officer and they would
have to make an appearance in court or pay the bail.
9. Is this ordinance meant to lighten the workload of
the City Attorney.
10. Shouldn't the City review the agreement for attorney
services to other cities?
Agreement
cities.
City Attorney Oberholzer
is betweeen the City of
responded that the Joint
Bakersfield and the other
11. Will the arrested party be able to work out any
problems with the City?
City Attorney Oberholzer indicated that if a person is
cited for a violation of the municipal code it will be within the
jurisdiction of the court, not the City, to determine how that per-
son will comply.
12. Is this ordinance for the purpose of implementing
the demise of all sign offenders come July 19867
City Attorney Oberholzer stated that
ordinance is not for sign offenders; however,
Department Inspector would be able to issue a
tion of those provisions.
the purpose of the
the Building
citation for viola-
Councilman Dickerson made a motion to refer the
Emergency Ordinance regarding power of arrest provided to
safety employees to the Personnel Committee.
non-
Councilman Moore made a substitue motion to
ordinance as first reading. This motion was approved
lowing roll call vote:
consider the
by the fol-
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Ratty, Rockoff, Barton,
Councilman Christensen
None
Councilman Dickerson
Childs, Moore
Councilman Christensen made a motion to include all
questions and answers on the issue of the Ordinance providing
power of arrest to non-safety employees into the minutes.
the
Upon a substitute motion by Councilman Rockoff, the ques-
tions of Councilman Christensen and the answers of City Attorney
Oberholzer are to be included in the minutes, by the following
roll call vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Ratty, Rockoff, Barton,
Councilman Childs, Christensen
None
Councilman Dickerson
Moore
HEARINGS CONTINUED
This is the time set for public hearing
on an appeal by Leroy M. Jackson to the
decision of the Planning Commission
recommending denial of the zone change for
C-O-D (Office-Commercial) Zone to C-2
(Commercial) zone on 6.84 +/- acres
located at the southeast corner of 24th
and Oak Streets.
Bakersfield, California, October 16, 1985 - Page 20
Mayor Payne declared the hearing open for public par-
ticipation. No protests or objections being received, and no one
wishing to speak in favor, Mayor Payned closed the hearing for
Council deliberation and action.
City Attorney Oberholzer indicated that the comments
made during the hearing on Segment II of the General Plan
Amendment are to be incorporated into the record of this appeal.
Upon a motion by Councilman Moore, the project was
referred back to the Planning Commission for review of specific
plans and additional environmental analysis, by the following
roll call vote:
Ayes:
Noes:
Absent:
Councilmen Ratty, Rockoff,
Moore
None
Councilman Christensen
Barton, Childs,
Dickerson,
NEW BUSINESS CONTINUED
First reading of an Ordinance of the
Council of the City of Bakersfield amend-
ing Section 17.06.020 of Chapter 17.06
(Zoning Map) of the Municipal Code of the
City of Bakersfield regarding prezoning
of property known as Rancho Laborde
Annexation.
First reading of an Ordinance of the
Council of the City of Bakersfield amend-
ing Title Seventeen of the Municipal Code
of the City of Bakersfield by Changing
the Zoning of that Certain Property in
the City of Bakersfield commonly known as
4001 Auburn Street.
Councilman Rockoff stated concerns that if the dancing
and music creates a nuisance to the residents in the area that
that part of the revised P.C.D be restricted or eliminated, or
that there would be an automatic initiation back to the Council if
there are complaints. Councilman Rockoff requested that a provi-
sion be included in the ordinance to address this issue.
First reading of an Ordinance of the
Council of the City of Bakersfield amend-
ing Title Seventeen of the Bakersfield
Municipal Code by changing the Land Use
Zoning of those Certain Properties in the
City of Bakersfield commonly known as
2280 through 2298 South Union Avenue.
First reading of an Ordinance of the
Council of the City of Bakersfield amend-
ing Title Seventeen of the Bakersfield
Municipal Code by changing the Land Use
Zoning of those Certain Properties in the
City of Bakersfield located East of the
Kern River, North of 24th Street and West
of Oak Street.
First reading of an Ordinance of the
Council of the City of Bakersfield amend-
ing Title Seventeen of the Bakersfield
Municipal Code by changing the Land Use
Zoning of those Certain Properties in the
City of Bakersfield located on both sides
of Brentwood Drive, North of Niles.
Bakersfield, California, October 16, 1985 Page 21
First reading of an Ordinance of the
Council of the City of Bakersfield amend-
ing Title Seventeen of the Municipal Code
of the City of Bakersfield by changing
the zoning of that certain property in
the City of Bakersfield located on the
south side of Adanac Court near the
northwest corner of Wible Road and White
Lane.
First reading of an Ordinance of the
Council of the City of Bakersfield amend-
ing Title Seventeen of the Bakersfield
Municipal Code by changing the Land Use
Zoning of those Certain Properties in the
City of Bakersfield located on the east
side of Saddle Drive, approximately 400
feet south of White Lane.
First reading of an Ordinance of the
Council of the City of Bakersfield adding
Section 14.04.011 to the Bakersfield
Municipal Code relative to the establish-
ment of the Ashe Water Service Area.
Adoption of Resolution No. 151-85 of
Application by the Council of the City of
Bakersfield proposing proceedings for
annexation of territory to the City of
Bakersfield identified as Annexation No.
306 (CASTRO NO. 4).
Upon a motion by Councilman Ratty, Resolution No. 151-85
of the Council of the City of Bakersfield, was adopted by the fol-
lowing roll call vote:
Ayes: Counei
Noes: Counci
Absent: None
lmen Ratty, Rockoff,
Moore
lman Christensen
Barton, Childs,
Dickerson,
Adoption of Resolution No. 152-85 of the
Council of the City of Bakersfield con-
firming the Casa Loma Employment and
Economic Incentive Program-Economic
Development Strategy.
The original preliminary application, approved by
City Council on May 8, 1985, contained the basic Economic
Development Strategy for the "Enterprise Zone"
the
Deputy City Manager Strenn advised the Council of two
amendments to the Economic Development Strategy as follows:
1. Page 13, Primary Purpose of the Standing Committee
"Make recommendations to the Agent regarding
annual program budgets from all existing to be
developed sources which define county and city
efforts within the program area."
Page 25, No. 23 should read "By a joint powers
agreement between the County and the City, two new
fire stations were recently constructed in close
proximity to the application area. These fire
stations are presently in operation and service
the entire Application Area.
Bakersfield, California, October 16, 1985 Page 22
Upon a motion by Councilman Barton, Resolution No. 152-85
of the Council of the City of Bakersfield, was adopted by the fol-
lowing roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton,
Dickerson, Moore
Noes: None
Absent: None
Childs,
Christensen,
Adoption of Resolution No. 153-85 of the
Council of the City of Bakersfield recog-
nizing an area of the City for special
designation under the Employment and
Economic Incentive Act.
Upon a motion by Councilman Barton, Resolution No. 153-85
of the Council of the City of Bakersfie]d, was adopted by the fol-
lowing roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton,
Dickerson, Moore
Noes: None
Absent: None
Childs,
Christensen,
Adoption of Resolution No. 154-85 of the
Council of the City of Bakersfield con-
senting to Assumption of Jurisdiction by
Board of Directors of the East Niles
Community Services District for the
Formation of its Assessment District No.
4.
Upon a motion by Councilman Rockoff,
of the Council of the City of Bakersfield, was
lowing roll call vote:
Resolution No. 154-85
adopted by the fol-
Ayes: Councilmen Ratty, Rockoff, Barton,
Dickerson, Moore
Noes: None
Absent: None
Childs,
Christensen,
Amendatory Agreement for Construction,
Operation and Maintenance, Financing and
Use of Bakersfield Subregional Wastewater
Management Plan.
Councilman Ratty made a motion to approve Amendatory
Agreement for construction, operation and maintenance, financing
and use of Bakersfield Subregional Wastewater Management Plan,
and authorize the Mayor to execute the contract. This motion was
approved with Councilman Dickerson voting no.
Agreement with Kern Union High School
District amending Agreement No. 84-14
relating to School Farm at Regional
Occupation Center (Mr. Vernon Avenue).
Upon a motion by Councilman Christensen, Agreement with
Kern Union High School District amending Agreement No. 84-14
relating to School Farm at Regional Occupation Center (Mr. Vernon
Avenue), was approved and the Mayor authorized to execute the
contract.
Approval of Plans and Specifications for
Construction of Union Avenue Overhead and
correction of completion date in the
agreement with the State from June 1985
to June 1987.
Bakersfield, California, October 16, 1985 - Page 23
Upon a motion by Councilman Christensen, Plans and Spe-
cifications for Construction of Union Avenue Overhead were
approved; the Finance Department was authorized to advertise for
bids; and the Mayor was authorized to execute the change approving
the correction of the completion date.
Adoption of Resolution No. 155-85 of the
Council of the City of Bakersfield initi-
ating proceedings for the annexation of
territory to the City of Bakersfield
identified as Proceeding No. 880,
Annexation No. 302, in accordance with LAFCO
resolution making determination (Hughes
No. 2).
This resolution sets the date for the protest hearing
for November 20, 1985.
Upon a motion by Councilman Barton, Resolution No. 155-85
of the Council of the City of Bakersfield, was approved by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Ratty, Rockoff, Barton, Childs,
Dickerson, Moore
None
None
Christensen,
Adoption of Resolution No. 156-85 of the
Council of the City of Bakersfield initi-
ating proceedings for the annexation of
territory to the City of Bakersfield
identified as Proceeding No. 879,
Annexation No. 301, in accordance with LAFCO
resolution making determination (Fairview
No. 2).
Upon a motion by Councilman Moore, Resolution No. 156-85
of the Council of the City of Bakersfield, was approved by the
following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton,
Dickerson, Moore
Noes: None
Absent: None
Childs,
Christensen,
CLOSED SESSION
Upon a motion by Councilman Moore, the Council recessed
to a Closed Session at 11:05 p.m., for the purpose of discussing
litigation pursuant to Section 54956.9 of the Government Code
regarding Kern River Public Access Committee versus City of
Bakersfield. The regular meeting was reconvened at 11:16 p.m.
ADJOURNMENT
There being no further business to come before the City
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 11:16 p.m.
MAYOR of the City of Bakersfield,
ATTEST:
Calif.~
CW:rg
Bakersfield, California, October 23, 1985
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 p.m., October 23, 1985.
The meeting was called to order by Mayor Payne, followed
by the Pledge of Allegiance and Invocation by Councilman Moore.
The City Clerk called the roll as follows:
Present: Mayor Payne.
Councilmen Rockoff, Barton, Childs,
Christensen, Dickerson, Moore,
Ratty
Absent: None
PRESENTATION
Mayor Payne presented a Proclamation to the Bakersfield
Air Service Improvement Committee (BASIC), proclaiming October 21
through October 26, 1985, as Aviation Week in Bakersfield.
Frank Geddes, Chairman of BASIC, expressed his apprecia-
tion to the Mayor and Council and encouraged the public to attend
the open house.
Lawrence Galindo, Aviation Director of the Kern County
Department of Airports, thanked the Council and Mayor, and pre-
sented them with T-Shirts.
RECESS
Upon a motion by Councilman Childs, the meeting was
recessed for ten minutes at 7:10 p.m.
Councilman Christensen made a motion to reconsider
motion to recess and allow for a twenty minute recess. This
motion was unanimously approved.
the
Mayor Payne reconvened the meeting at 7:35 p.m.
Mayor Payne presented City of Bakersfield lappel pins to
the following students from the various high schools thanking them
for their participation in government day: Kara Daillak,
Bakersfield High School; Robert Massey, Highland High School; Doug
Morrison, West High School; Kristi Ballard, Foothill High School;
Mike Pitts, North High School; Mary Feliz, South High School;
Carola Lynch, Omega High School; Mike Van Alstyne, Garces High
School; Elonzo Hill, East High School.
SCHEDULED PUBLIC STATEMENTS
Upon a motion
Electric Officials will
Council.
by Councilman Barton, Pacific Gas and
be allowed 15 minutes to make a report to
Virgil Rose, Manager of the Southwest Bakersfield
Improvement Project, PG&E, reported on the progress of the
Project which is aimed at minimizing power outages in that area.
He presented action plans on what has been accomplished, provided
background on the results of availability, and discussed the
details of the work being performed in the neighborhoods and the
time line for reconstruction in the southwest.
Turney Powers, 3605 Crest Drive, spoke in opposition to
the ordinance providing certain non-safety employees with the
power of arrest.
Ed Watts, 2109 Earlene Court, Shop Steward with Local
911, indicated a discrepancy in Item Number 11 of the Memorandum
of Understanding with the County relative to fire protection. He
Bakersfield, California, October 23, 1985 - Page 2
stated that the meeting of October 14, 1985 was not a meet and
confer session between the City's negotiator and the bargaining
units, but was a discovery and disclosure session. He read com-
munications from the Teamsters Local 911 and the Fire Supervisory
Unit.
COUNCIL STATEMENTS
City Attorney Oberholzer stated, in response to the sta-
tement made by Mr. Ed Watts under Scheduled Public Statements,
staff has no problem with changing the wording in the Comment por-
tion of the Memorandum of Understanding Agenda Item, from a "met
and conferred" to "a discovery and disclorure session."
Councilman Dickerson made a motion to move the
Memorandum of Understanding with the County, regarding fire pro-
tection, forward to be heard at this time. This motion was
defeated.
Councilman Moore gave an overview of the Emergency
Preparedness Drill, held on October 22, 1985. He commended the
participants and staff for their efforts to bring about an aware-
ness of a need for the community's protection.
Councilman Dickerson made a comment relative to deterio-
rating employee moral.
Councilman Childs invited the Council to the Crime
Prevention Seminar Meeting to be held on October 24, 1985, at
p.m., at the Martin Luther King Center.
7:00
REPORTS
Councilman Dickerson made a motion to have a public
hearing regarding the parking around the Old Church Plaza and
defer the report until the community has an opportunity to provide
input. This motion was defeated.
Councilman Barton, Chairman of the Urban Development
Committee, read Report No. 20-85, regarding Parking around Old
Church Plaza, as follows:
The Urban Development Committee on September 11,
1985, met to discuss the on-street parking situa-
tion around the Old Church Plaza in Downtown
Bakersfield.
The matter was brought to the attention of the City
staff by a citizen who attends various meetings in
the Kern County Administrative Building and has a
difficult time finding a place to park his vehicle.
Specifically, the issue is "Should the on-street
("L" Street and Truxtun Avenue) 36-minute time lim-
its be changed to 2 hours now that the bank is no
longer a tenant in the Old Church Plaza?"
The committee, with assistance from staff, reviewed
this situation and recommends that the newly estab-
lished on-street time limits approved by the City
Council in July 1985 be maintained in the area
around the Old Church Plaza. This means that
Truxtun Avenue (north side) between "L" and "M"
Streets shall be posted at 30 minutes and "L"
Street (east side) between Truxtun Avenue mid-way
to 17th Street shall be posted also at 30 minutes.
The remainder of "L" Street to 17th Street shall be
posted at 90 minutes. Furthermore, 17th Street
(south side) between "L" Street and "M" Street
shall be posted at 90 minutes. Finally, all of "M"
Bakersfield, California, October 23, 1985 - Page 3
Street (west side) except for the driveways at the
parking structure shall be posted at 90 minutes.
These time limits have been discussed with property
owners and the management of Church Plaza. They
are in full agreement with the new 30 and 90 minute
time limits and their designated areas.
In conclusion, the Committee feels that those per-
sons wanting to attend meetings in the Kern County
Administration Building can find adequate on-street,
90-minute parking near the County complex. In
addition, all-day metered parking is available at
the City-owned surface parking lot at 18th and "L"
Streets. Another free parking facility (all day)
is available at the Civic Auditorium only 3½ blocks away.
Upon a motion by Councilman Barton, Report No. 20-85
from the Urban Development Committee, regarding Parking around Old
Church Plaza, was accepted and the recommendations implemented.
Councilman Christensen
Auditorium and Community Services
Auditorium, as follows:
read Report No. 8-85, from the
Committee, regarding Carpet for
At the City Council meeting of Wednesday, October
16, 1985, the City Council referred a bid for car-
peting at the Civic Auditorium to the Auditorium
and Community Services Committee. This committee
met with the Auditorium Manager last week and exam-
ined the two types of carpeting that were under
consideration.
This item is on the agenda for tonight. After
reviewing the carpet we are in agreement with the
Auditorium Manager and would recomend Council
approval of the bid of Jost Floor Company.
Upon a motion by Councilman Christensen, Report No.
8-85, from the Auditorium and Community Services Committee,
regarding Carpet for the Auditorium, was accepted and put into
effect.
Councilman Rockoff, Chairman of the Budget and Finance
Committee, read Report No. 21-85, regarding Report of Task Force
studying Implementation of 911 Emergency Number, as follows:
On August 14, 1985, the City Council accepted and
approved the recommendations of Report No. 13-85
regarding ambulance rate increases. One of the
recommendations made by the committee was that a
task force be established to study ambulance serv-
ice and methods which, in conjunction with the
upcoming 911 emergency phone system, will improve
ambulance response time.
This task force has met and discussed these issues
with representatives of Hall Ambulance, Golden
Empire Ambulance, Kern County EMS, and City Fire
and Police personnel and has determined that the
ultimate goal is to provide ambulance service with
the quickest possible response time and that the
response time should be within the state standard
of 10 minutes or better. In addition, the most
efficient way to achieve that goal is to provide
that the nearest available ambulance respond to
emergencies.
Therefore, this committee recommends the following
actions:
Bakersfield, California, October 23, 1985 - Page 4
1) That the current method of alternating calls
received by the two ambulance service providers
should continue with the onset of usage of the 911
system.
2) That at the same time the Kern County
Emergency Medical Services Agency will monitor
the response time of ambulance providers
using data from the Bakersfield Police Department,
Kern County Sheriff's Office, ambulance providers,
and the records of the Agency.
3) That during the first ninety (90) days of 911
implementation, the City Police and Fire depart-
ments will work with Kern County Emergency Services
to devise a system that will provide the best
response time and promote the dispatching of the
closest available ambulance to an emergency.
4) That a report be made by the task force at the
end of the 90-day study period regarding the recom-
mended ambulance dispatch system.
The committee recommends the acceptance and appro-
val of this report and the adoption of its recom-
mendations.
Upon a motion by Councilman Rockoff, Report No. 21-85
from the Budget and Finance Committee, regarding Report of Task
force studying Implementation of 911. Emergency Number, was
accepted and the recommendations implemented.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
Allowance of Claims Nos. 2000 to 2243 inclu-
sive, in the amount of $906,884.44.
Claim for Damages from Edmund J. Mackenberg,
P.O. Box 4071, Visalia, California. (Refer
City Attorney)
to
Claim for Damages and Personal Injuries from
Jennifer Whitson, by her mother, Deborah Lynn
Whitson, 605 Lincoln Avenue, Bakersfield.
(Refer to City Attorney)
d. Dedication of Property:
Street Right-of-Way Deed, Drainage
Easement, and Grant Deed from J. L. Dandy
& Company as required by the Planning
Commission for the approval of Parcel Map
7622 located east of Freeway 99 and south
of Panama Lane.
e. Maps and Improvement Agreements.
Final Map and Improvement Agreement for
Tract 4295 Phase I, with Bakersfield Country
Club Development, for 24 lots on 9.31
acres located east of Fairfax Road and
south of Route 178.
Bakersfield. California, October 23, 1985 Page 5
Contract Change Order No. 1 to Contract No.
84-250 with Intersection Management Systems,
Inc., for Traffic Signal Systems on White Lane
at Fambrough Drive, White Lane at Stine Road,
Planz Road at Stine Road. This Change Order is
necessary because it provides for the instal-
lation of three loop detectors required for
the northbound traffic due to pavement added
by private development after the contract was
awarded.
Upon a motion by Councilman Rockoff, Items a, b,
d, e, and f, of the Consent Calendar, were adopted by the
following roll call vote:
Ayes: Councilmen Rockoff, Barton, Childs,
Dickerson, Moore, Ratty
Noes: None
Absent: None
Christensen,
ACTION ON BIDS
Upon a motion by Councilman Childs, low bid from
Enriquez Construction Company, in the amount of $61,030.00,
for annual contract - curbs, gutters and sidewalks, was
accepted, all other bids rejected, and the Mayor authorized
to execute the contract.
Upon a motion by Councilman Moore, low bid from
Louis Lavidas, in the amount of $13,050.00, for Exterior
Metalwork Painting at Wastewater Treatment Plant No. 2, was
accepted, all other bids rejected, and the Mayor authorized
to execute the contract·
Upon a motion by Councilman Christensen, low bid
from Jost Floor Company, in the amount of $6,666.00, for
Rental Carpet for Auditorium Exhibits and Special Events, was
accepted.
DEFERRED BUSINESS
Adoption of Ordinance No. 2996 New Series
of the Council of the City of Bakersfield
amending Section 17.06.020 of Chapter
17.06 (Zoning Map) of the Municipal Code
of the City of Bakersfield regarding pre-
zoning of property known as Rancho
Laborde Annexation.
This ordinance was given first reading at the meeting of
October 16, 1985.
Upon a motion by Councilman Moore, Negative Declaration
and Ordinance No. 2996 New Series finding said zoning consistent
with the General Plan, were adopted by the following roll call
vote:
Ayes: Councilmen Rockoff, Barton, Childs,
Dickerson, Moore, Ratty
Noes: None
Absent: None
Christensen,
Adoption of Ordinance No. 2997 New Series
of the Council of the City of
Bakersfield adding Section ]4.04.011 to
the Bakersfield Municipal Code relative
to the establishment of the Ashe Water
Service Area.
This ordinance was given first reading at the meeting
of October 16, 1985.
Bakersfield, California, October 23, 1985 - Page 6
Upon a motion by Councilman Barton, Ordinance No. 2997
New Series, was adopted by the following roll call vote:
Ayes: Councilmen Rockoft, Barton, Childs,
Dickerson, Moore, Ratty
Noes: None
Absent: None
Christensen,
Ordinance of the Council of the City of
Bakersfield amending Subsection A of Section
15.04.080, Subsection A of Section 17.72.010,
and adding Sections 3.40.150 and 5.60.010 of
the Bakersfield Municipal Code to provide that
certain Non-Safety Employees are given the
Power of Arrest.
Councilman Dickerson made a motion to pull the Ordinance
from the agenda and refer it to the Personnel Committee.
Councilman Childs made a substitute motion to defer the
Ordinance to be heard at the end of the agenda.
Upon a motion by Councilman Ratty, the call for the
question was unanimously approved.
Councilman Childs' substitute motion to defer the Ordi-
nance to be heard at the end ot the agenda, was approved by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Rockoff, Barton,
Ratty
Councilman Dickerson
None
Childs, Christensen, Moore,
Adoption of Ordinance No. 2998 New Series
of the Council of the City of Bakersfield
amending Title Seventeen of the Municipal
Code of the City of Bakersfield by chang-
ing the zoning of that certain property
in the City of Bakersfield commonly known
as 4001 Auburn Street.
This ordinance was given first reading at the meeting
of October 16, 1985.
Upon a motion by Councilman Rockoff, Ordinance No. 2998
New Series of the Council of the City of Bakersfield, was adopted
by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Rockoff, Barton, Childs, Christensen,
Dickerson, Moore, Ratty
None
None
After adoption of Ordinance No. 3000 (Page 7) Councilman
Rockoff corrected his motion to adopt Negative Declaration and
Ordinance No. 2998.
Adoption of Ordinanance No. 2999 New
Series of the Council of the City of
Bakersfield amending Title Seventeen of
the Bakersfield Municipal Code by chang-
ing the Land Use Zoning of those certain
properties in the City of Bakersfield
commonly known as 2280 through 2298 South
Union Avenue.
This ordinance was given tirst reading at the meeting of
October 16, 1985.
Bakersfield, California, October 23, 1985 Page 7
Upon a motion by Coucnilman Barton, Negative Declaration
and Ordinance No. 2999 New Series finding said zoning consistent
with the Genera] Plan, were adopted by the following roll call
vote:
Ayes: Councilmen Rockoff, Barton, Childs,
Dickerson, Moore, Ratty
Noes: None
Absent: None
Christensen,
Adoption of Ordinance No. 3000 New Series
of the Council of the City of
Bakersfield amending Title Seventeen of
the Bakersfield Municipal Code by chang-
ing the Land Use Zoning of those certain
properties in the City of Bakersfield
located east of the Kern River, north of
24th Street and west of Oak Street.
This ordinance was given first reading at the meeting
of October 16, 1985.
Upon a motion by Councilman Childs, Negative Declaration
and Ordinance No. 3000 New Series finding said zoning consistent
with the General Plan, were adopted by the following roll call
vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Rockoff, Barton,
Ratty
None
None
Councilman Christensen
Childs, Dickerson, Moore,
Upon a motion by Councilman Rockoff, Negative
Declaration and Ordinance No. 2998 New Series, of the Council of
the City of Bakersfield amending Title Seventeen of the Municipal
Code of the City of Bakersfield by changing the zoning of that
certain property in the City of Bakersfield commonly known as 4001
Auburn Street, and finding said zoning consistent with the General
Plan, were adopted by the following roll ca]! vote:
Ayes:
Noes:
Absent:
Councilmen Rockoff, Barton, Childs, Christensen,
Dickerson, Moore, Ratty
None
None
Adoption of Ordinance No. 3001 New Series
of the Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code by changing
the Land Use Zoning of those certain pro-
perties in the City of Bakersfield
located on both sides of Brentwood Drive,
north of Niles Street.
This ordinance was given first reading at the meeting of
October 16, 1985.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 3001 New Series finding said zoning consistent
with the General Plan, were adopted by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmen Rockoff, Barton, Childs, Christensen,
Moore, Ratty
None
None
Dickerson,
Bakersfield, California, October 23, 1985 - Page 8
Adoption of Ordinance No. 3002 New Series
amending Title Seventeen of the Municipal
Code of the City of Bakersfield by chang-
ing the zoning of that certain property
in the City of Bakersfield located on the
south side of Adanac Court near the
northwest corner of Wible Road and White
Lane.
Upon a motion by Councilman Dickerson, Negative
Declaration and Ordinance No. 3002, New Series finding said zoning
consistent with the General Plan, were adopted by the following
roll call vote:
Ayes: Counc
Noes: None
Absent: None
ilmen Rockoff, Barton, Childs, Christensen,
Moore, Ratty
Dickerson,
Adoption of Ordinance No. 3003 New Series
of the Council of the City of
Bakersfield amending Title Seventeen of
the Bakersfield Municipal Code by chang-
ing the Land Use Zoning of those certain
properties in the City of Bakersfield
located on the east side of Saddle Drive,
approximately 400 feet south of White
Lane.
This ordinance was given first reading at the meeting of
October 16, 1985.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 3003 New Series finding said zoning consistent
with the General Plan, were adopted by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Childs,
Dickerson, Moore, Ratty
Noes: None
Absent: None
Christensen,
Zoning Resolution No. 324 of the Council of
the City of Bakersfield granting amendment to
modification approving Negative Declaration
and making findings permitting construction on
property located at 5060 California Avenue.
This zoning resolution sets forth the decision of the
Council following the hearing on this matter held October 16, 1985.
Upon a motion by Councilman Ratty, Zoning Resolution No.
324 of the Council of the City of Bakersfie]d, was adopted by the
following roll call vote:
Ayes: Councilmen Rockoff, Barton, Childs,
Dickerson, Moore, Ratty
Noes: None
Absent: None
Christensen,
RECESS
Upon a request by Councilman Dickerson, the meeting was
recessed at 8:40 p.m. and reconvened at 8:45 p.m.
Bakersfield, California, October 23, 1985 Page 9
HEARINGS
This is the time set for public hearing
on an appeal by Channel Exploration
Company appealing Condition No. 4 to
their Conditional Use Permit, requiring
that hydraulic units shall be used for
pumping at two alternate sites (1) the
southwest corner of the west extension of
District Boulevard and the Arvin-Edison
Canal; and (2) the northwest corner of
the south extension of Ashe Road and the
Arvin-Edison Canal located in an M-2-D
Zone an M-1 Zone respectively.
Mayor Payne declared the hearing open for public
participation.
Company
appeal.
Jack Walton, Operations Manager
for the Panama Lane Fie]d, stated
for Channel Exploration
the reason for the
Lisa Smith, 5261 Stine Road, Space 88, spoke in support
of the appeal by Channel Exploration Company, but requested a sti-
pulation that if it becomes an unresolved problem, the City can
require that the lift be modified.
No further protests or objections being received, and no
one else wishing to speak in favor, Mayor Payne closed the public
portion of the hearing for Council deliberation and action.
Councilman Dickerson made a motion to approve the appeal
by Channel Exploration Company to Condition No. 4 of their
Conditional Use Permit, requiring that hydraulic units shall be
used for pumping at two sites; and if there are bona fide com-
plaints, the Conditional Use Permit will be subject to reconsider-
ation by the Counci! for imposing the requirement of a hydraulic
lift. This motion was approved by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Childs,
Dickerson, Moore, Ratty
Noes: None
Absent: None
Christensen,
This is the time set for public hearing
before the City Council on hearing a
report of the Building Official specify-
ing work done, cost of work and descrip-
tion of property upon which Dangerous
Buildings have been demolished and hear-
ing protests or objections thereto.
Mayor Payne declared the hearing open for public par-
ticipation. No protests or objections being received and no one
wishing to speak in favor, Mayor Payne closed the public portion
of the hearing for Council deliberation and action.
Upon a motion by Councilman Rockoff, Resolution No.
157-85 of the Council of the City of Bakersfield confirming the
report of the Building Director regarding Assessments of certain
Properties in the City for Demolition of Dangerous Buildings, was
adopted and the County Auditor-Controller was authorized to place
the assessment on the tax rolls by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Childs,
Dickerson, Moore, Ratty
Noes: None
Absent: None
Christensen,
Bakersfield, California, October 23, 1985 Page 10
This is the time set for public hearing
before the City Council to consider the
sale of surplus real property located
between Baker and King Streets and adja-
cent to Freeway 178, to St. Joseph's
Church; whether proposed sale is in the
best interests of the City; and whether
the benefits to be derived by the City
justify the sale price.
Mayor Payne declared the hearing open for public par-
ticipation.
Cliff Silveria, member of St. Joseph's Church, spoke in
support of the offer to the City for the property.
No protests or objections being received and no one else
wishing to speak in favor, Mayor Payne closed the public portion
of the hearing for Council deliberation and action.
Upon a motion by Councilman Dickerson, the Mayor was
authorized to execute the deed for the sale to St. Joseph's
Church by the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Childs,
Dickerson, Moore, Ratty
Noes: None
Absent: None
Christensen,
This is the time set for public hearing
before the City Council on the 1985 Weed
Abatement Program.
Mayor Payne declared the hearing open for public par-
ticipation. No protests or objections being received and no one
wishing to speak in favor, Mayor Payne closed the public portion
of the hearing for Council deliberation and action.
Upon a motion by Councilman Childs, Resolution No.
158-85 of the Council of the City of Bakersfield finding that cer-
tain weeds growing on properties in the City of Bakersfield con-
stitute a public nuisance and directing the Chief of the Fire
Department to abate such nuisance, was adopted by the following
roll call vote:
Ayes:
Noes:
Absent:
Councilmen Rockoff, Barton, Childs, Christensen,
Dickerson, Moore, Ratty
None
None
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield amend-
ing Section 6.04.270 of the Bakersfield
Municipal Code relative to violations of
the Code for keeping noisy animals.
Item
36900
Councilman Moore made a motion to replace the portion of
b to incorporate the highest dollar limit as per Section
of the Government Code. This motion was unanimously approved.
First reading of an Ordinance of the
Council of the City of Bakersfield amend-
ing Sections 2.08.010 B., 3.04.060,
3.04.080, 3.20.100 D., 3.20.120 A., B.,
and C., 3.20.125 A. and B., 3.24.020,
8.32.100 A., B., C., and D., and repeal-
ing Sections 3.04.070 and 8.32.100 E. of
the Bakersfield Municipal Code relating
to operation of the Finance Department.
Bakersfield, California, October 23, 1985 Page 11
First reading of an Ordinance amending
Title Seventeen of the Municipa! Code of
the City of Bakersfield by Changing the
Land Use Zoning of those Certain
Properties in the City of Bakersfield
located south of Harris Road, east of
Wible Road to Freeway 99.
Adoption of Resolution No. 159-85 of the
Council of the City of Bakersfield retro-
actively amending Resolution No. 16-80 to
supply omission in record of decision of
the Council to exercise option not to
succeed to land use contract.
Upon a motion by Councilman Childs, Resolution No.
159-85 of the Council of the City of Bakersfield, was adopted by
the following roll call vote:
Ayes: Councilmen Rockoff, Ratty, Barton,
Dickerson, Moore, Ratty
Noes: None
Absent: None
Childs,
Christensen,
Adoption of Resolution No. 160-85 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.
307 (RANCHO LABORDE).
Upon a motion by Councilman Moore, Resolution No. 160-85
of the Council of the City of Bakersfield, was adopted by the fol-
lowing roll call vote:
Ayes: Counci
Noes: None
Absent: Counci
lmen Barton, Childs, Christensen,
Ratty
lman Rockoff
Dickerson, Moore,
Adoption of Resolution No. 161-85 of the
City Council of the City of Bakersfield
adopting a Memorandum of Understanding.
This M.O.U. is for adoption by the County of Kern and
the City of Bakersfield regarding implementation of the
"Enterprise Zone" program in Southeast Metropolitan Bakersfield.
The M.O.U. does not make any further commitments by either juris-
diction beyond those contained in the revised Economic
Development Strategy which was approved by Council on October
16, 1985. The M.O.U. adopted by each jurisdiction must contain
the same languaKe. This M.O.U. will be acted on by the Board of
Supervisors on October 22, 1985.
Upon a motion by Councilman Childs, Resolution No.
161-85 of the Council of the City of Bakersfield, was adopted by
the following roll call vote:
Ayes: Councilmen Rockoff, Barton, Childs,
Dickerson, Moore, Ratty
Noes: None
Absent: None
Christensen,
Adoption of Resolution No. 162-85 of the
City Council of the City of Bakersfield
approving an application to the State of
California for Designation of a Portion
of Southeast Metropolitan Bakersfield as
an AB-514 Employment and Economic
Incentive Act Area (Enterprise Zone).
Bakersfield, California, October 23, 1985 - Page 12
The application has been prepared in response to an
invitation from the State after review of the preapplication sub-
mitted in May. The application is a refinement of the May
preapplication with the inclusion of an Economic Development
Strategy approved by City Council on October 16, 1985.
Upon a motion by Councilman Childs, Resolution No.
162-85 of the Council of the City of Bakersfield, was adopted
the following roll call vote:
by
Ayes: Councilmen Rockoff, Barton, Childs, Christensen,
Dickerson, Moore, Ratty
Noes: None
Absent: None
Commercial Lease Agreement for the
Experimental Aircraft Association
Hangar.
Upon a motion by Councilman Barton, Commercial Lease
Agreement for the Experimental Aircraft Association Hangar was
unanimously approved, and the Mayor was authorized to execute the
agreement.
K. L. Aviation Enterprise, Inc., Lease
Agreement.
Upon a motion by Councilman Barton, Lease Agreement with
K. L. Aviation Enterprise, Inc., was unanimously approved, and the
Mayor was authorized to execute the agreement.
Agreement with Panama Union School
District to provide assistance for
Extended Day Care Program.
the
Budget and Finance Committee Report
City Council May 22, 1985, designated $64,000
one site for extended day child care services
Union School District.
No. 6-85 approved by
for the funding of
at the Panama
Upon a motion by Councilman Dickerson, Agreement with
Panama Union School District to provide assistance for the
Extended Day Care Program, was unanimously approved, and the Mayor
was authorized to execute the agreement.
Memorandum of Understanding between
the County of Kern and the City of
Bakersfield with respect to fire
protection within the metropolitan
Bakersfield area.
This agreement has been negotiated between the City
and County. It provides for establishment of fire protection
areas and defines the term "total fire protection" as used in
the Joint Powers Agreement. City staff has met for a discovery
and disclosure session with the affected fire unions and recom-
mends approval.
Councilman Ratty made a motion to appove the Memorandum
of Understanding and authorize the Mayor to execute.
Upon a motion by Councilman Christensen, the call for
the question was defeated by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Christensen, Ratty
Councilmen Rockoff, Barton, Chi]ds,
None
Dickerson, Moore,
Bakersfield, California, October 23, 1985 - Page 13
Councilman Childs stated for the record that he whole-
heatedly supports Chief Needham of the City Fire Department, but
felt it was unfair that he was called to address the Council.
Upon a motion by Councilman
question was approved with Councilmen
voting no.
Childs, the call for the
Dickerson and Christensen
Councilman Ratty's motion to approve the Memorandum of
Understanding with the County of Kern with respect to fire protec-
tion within the metropolitan Bakersfield area and authorizing the
Mayor to execute, was approved by the following roll call vote:
Ayes: Councilmen Rockoff,
Ratty
Noes: None
Absent: None
Barton, Childs,
Christensen, Moore,
Councilman Christensen clarified his vote stating that
it will save taxpayers' money, and that he is aware of the prob-
lems that it has brought about with the labor forces of the City:
white collar; firemen; police and others.
Upon a motion by Councilman Christensen, the explanation
of Councilman Christensen's vote is to be included in detail in
the minutes.
Councilman Dickerson clarified his vote stating that it
was known what the vote would be whether it was debated or not.
DEFERRED BUSINESS CONTINUED
Adoption of Ordinance No. 3004 New Series
of the Council of the City of Bakersfield
amending Subsection A of Section
15.04.080, Subsection A of Section
17.72.010, and adding Sections 3.40.150
and 5.60.010 of the Bakersfield Municipal
Code to provide that certain Non-Safety
Employees are given the Power of Arrest.
This ordinance was give first reading at the meeting of
October 16, 1985.
Councilman Rockoff made a motion to adopt Ordinance No.
3004 New Series of the Council of the City of Bakersfield.
Councilman
the Ordinance to the
by the following roll
Dickerson made a substitute motion to refer
Personnel Commitee. This motion was defeated
call vote:
Ayes: Counc
Noes: Count
Absent: None
ilmen Christensen, Dickerson
ilmen Rockoff, Barton, Childs, Moore,
Ratty
Upon a motion by Councilman Dickerson, Mort Fray was
allowed to address the Council by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Rockoff, Barton, Christensen,
Councilmen Childs, Moore, Ratty
None
Dickerson
Mort Fray, President of the Association of Bakersfield
Police Officers, asked several questions of staff.
Bakersfield, California, October 23, 1985 - Page 14
Councilman Christensen made a motion to recess the meet-
ing for three minutes. This motion was defeated by the following
roll call vote:
Ayes: Councilmen Childs, Christensen, Dickerson
Noes: Councilmen Rockoff, Barton, Moore, Ratty
Absent: None
Councilman Childs
Fray to address the Council
the spot.
clarified his no vote to allow Mort
because he did not want to put him on
Upon a motion by Councilman Ratty, the call for the
question was approved by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Rockoff, Barton, Childs, Moore,
Councilmen Christensen, Dickerson
None
Ratty
Councilman Rockoff's motion to approve Ordinance No.
3004 New Series of the Council of the City of Bakersfield, was
adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Rockoff, Barton, Childs, Moore,
Councilmen Christensen, Dickerson
None
Ratty
RECESS
Upon a motion by Councilman Dickerson, the meeting was
recessed at 10:00 p.m. and reconvened at 10:08 p.m.
Councilman Rockoff made a motion that the implementation
date for the recommendations in Budget and Finance Committee
Report No. 20-85 regarding Increase in School Crossing Guard
Budget be effective October 1, 1985. This motion was unanimously
approved.
CLOSED SESSION
Councilman Rockoff made a motion to recess the Council
to a Closed Session at 10:00 p.m., pursuant to Government Code
Section 54956.9, for the purpose of discussing the charges filed
against PG&E by the City of Bakersfield. Mayor Payne advised the
Council and the City Clerk, for the record, there was not a Quarum
present. Councilmen Dickerson and Christensen returned to their
seats.
Councilman Rockoff's motion
Councilman Childs absent. The Council
p.m.
to recess was approved with
meeting reconvened at 10:37
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 10:37 p.m.
MAYOR of the City of Bakersfield, Calif.
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
CW:rg
Bakersfield, California, November 13, 1985
Minutes of a regular meeting of the Council of
of Bakersfield, California, held in the Council Chambers
Hall at 7:00 p.m., November 13, 1985.
the City
of City
The meeting was called to order by Mayor Payne,
by the Pledge of Allegiance and Invocation by Father Scott
Daugherty of St. Francis Catholic Church.
followed
The City Clerk called the roll as follows:
Present: Mayor Payne. Councilmen Barton, Childs, Christensen,
Dickerson, Moore, Ratty
Absent: Councilman Rockoff
MINUTES
Upon a motion by Councilman Childs, minutes of the regu-
lar meetings of October 16, and October 23, 1985, were approved as
presented.
DEFERRED BUSINESS
Adoption of Zoning Resolution No. 325 of
the Council of the City of Bakersfield
granting appeal with conditions of
Channel Exploration Company from the
decision of the Board of Zoning
Adjustment requiring that a hydraulic
unit shall be used for pumping affecting
that certain property as hereinafter
described and zoned as an M-2-D (General
Manufacturing Architectural Design) Zone
and an M-2 (Light Manufacturing) Zone to
allow the drilling and operation of five
oil wetls with associated equipment on
two alternate sites located as follows:
(1) the southwest coruer of the east
extension of District Boulevard and the
Arvin-Edison Canal, and (2) the northwest
corner of the south extension of Ashe
Road and the Arvin-Edison Canal.
This
Council followi
day of October,
Zoning Resolution sets forth the decision of the
ng the appeal hearing on this matter held the 23rd
1985.
Upon
No. 325 of the
the following
a motion by Councilman Dickerson, Zoning Resolution
Council of the City of Bakersfield, was adopted by
roll call vote:
Ayes:
Noes:
Absent:
Councilmen Barton,
Ratty
None
Councilman Rockoff
Childs, Christensen, Dickerson, Moore,
Adoption of Zoning Resolution No. 326 of
the Council of the City of Bakersfield
granting appeal of Brian & Lynne
Nordquist from decision of Board of
Zoning Adjustment approving Conditional
Use Permit, upon application of Fernando
Gaeta & Josie E. Estrada, allowing an
automated car wash with a 3-bay detail
shop in a C-1-D (Limited
Commercial-Architectural Design) Zone on
that certain property commonly known as
3951 Wible Road.
Bakersfield, California, November 13, 1985 - Page 2
This Zoning Resolution sets forth the decision of the
Council following the appeal hearing on this matter held the 26th
day of June, 1985, and continued to July 10, 1985.
Mayor Payne indicated for the record that Councilman
Dickerson was not present during discussion and vote on this issue.
Upon a motion by Councilman Christensen, Zoning
Resolution No. 326 of the Council of the City of Bakersfie]d,
adopted by the following roll call vote:
was
Ayes: Counc
Noes: None
Absent: Counc
ilmen Barton, Childs, Christensen, Moore,
ilmen Dickerson, Rockoff
Ratty
Adoption of Zoning Resolution No. 327 of
the Council of the City of Bakersfield
granting appeal of Heath & Company from
decision of Planning Commission denying a
Special Sign Permit for a free standing
(pylon) sign at a site approximately 600
feet north of Ming Avenue in the Gemco
Shopping Center (Special Sign Permit No.
158).
This Zoning Resolution sets forth the decision of the
Council following the appeal hearing on this matter held the 22nd
day of May, 1985.
Upon a motion by Councilman Dickerson, Zoning Resolution
No. 327 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes: Councilmen Barton, Childs,
Ratty
Noes: None
Absent: Councilman Rockoff
Christensen,
Dickerson, Moore,
Adoption of Zoning Resolution No. 328 of
the Council of the City of Bakersfield
denying appeal of Kim Wold from decision
of the Planning Commission recommending
approval of a zone change from an R-1
(One Family Dwelling) and an MN (Mobile
Nome) Zones to an M-1 (Light
Manufacturing) Zone affecting that cer-
tain property located south of Harris
Road, west of Freeway 99, to Wible Road.
This Zoning Resolution sets forth the decision of the
Council following appeal hearing on this matter held August 28,
1985, and continued to October 16, 1985.
Upon a motion by Councilman Christensen, Zoning
Resolution No. 328 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmen Barton, Childs,
Ratty
Noes: None
Absent: Councilman Rockoff
Christensen,
Dickerson, Moore,
Bakersfield, California, November 13, 1985 Page 3
Adoption of Zoning Resolution No. 329 of
the Council of the City of Bakersfield
granting appeal of S. W. Hair
Construction, Inc., from decision of
Planning Commission recommending denial
of a zone change from an R-2 (Limited
Multiple Family Dwelling) Zone to a PUD
(Planned Unit Development) Zone affecting
that certain property generally located
on the north side of College Avenue, 800
feet east of Fairfax.
This Zoning
Council following the
day of August, 1985.
Resolution sets forth the decision of the
appeal hearing on this matter held the 28th
Upon a motion
the Council of the City
ing roll call vote:
by Councilman Moore, Resolution No. 329 of
of Bakersfield was adopted by the follow-
Ayes:
Noes:
Absent:
Councilmen Barton, Childs, Christensen,
Ratty
None
Councilman Rockoff
Dickerson, Moore,
NEW BUSINESS
Reception of Certificate of Election from
Kern County Clerk of Results of General
Municipal Election for the Office of
Councilman in the First, Third, Fourth
and Seventh Wards, in the City of
Bakersfield, held on the 5th day of
November 5, 1985.
Upon a motion by Councilman Barton, Certificate of
Election from Kern County Clerk of Results of General Municipal
Election for the Office o[ Councilman in the City of Bakersfield,
held on the 5th day of November, 1985, was received, ordered
placed on file and spread in full in the minutes.
CERTIFICATE OF ELECTION OF KERN
COUNTY CLERK TO RESULT OF CANVASS
OF CITY OF BAKERSFIELD GENERAL
MUNICIPAL ELECTION HELD NOVEMBER 5,
1985.
STATE OF CALIFORNIA)
)ss
COUNTY OF KERN )
I, GALE S. ENSTAD, County Clerk-Recorder of the County
of Kern, State of California, do hereby certify that I have can-
vassed the returns of the Consolidated Districts Election held
November 5, 1985, in the City of Bakersfield, Wards 1, 3, 4 and
7, and that the total number of ballots cast in said Wards of the
City and in each of the respective precincts therein, are shown
on the Statement of Results attached hereto, and the totals as
shown for each candidate are full, true and correct.
Dated: November 11, 1985
/s/GALE S. ENSTAD
GALE S. ENSTAD
County Clerk-Recorder
Bakersfield, California, Novelnber 13, 1985 Page 4
STATEMENT OF ALL VOTES CAST
AT THE
GENERAL MU N I C I PAL E L ECT I ON
HELD
NOVEMBER 5, 1985
CITY OF BAKERSFIELD
STATE OF CA L I FORN I A
Bakersfield, California, November 13, 1985 - Page 5
GENERAL MUNICIPAL ELECTION
NOVEMBER 5, 1985
WARD NO. 1
CONS.
PRECINCT
NO.
REGISTERED
VOTERS
VOTES HOLIWELL POWELL CHILDS
CAST
ROBINSON
206 1,256 212 9 76 117 3
207 555 109 3 67 35 1
208 699 140 14 52 64 3
209 893 214 28 58 115 11
210 1,163 207 24 68 92 9
211 1,240 293 26 79 172 8
212 570 157 12 49 89 5
213 361 127 12 24 83 1
214 1,327 351 37 106 166 13
215 746 254 37 78 116 9
252 772 230 23 71 131 3
325 4
607 42
609 78
612 230 5 9 19
614 552
617 248 8 28 76 3
TOTAL 9,586 3,444 238 765 1,275 69
WARD NO. 3
CONS.
PRECINCT
NO.
REGISTERED
VOTERS
VOTES
CAST
SMITH
POWERS
ROCKOFF
97
98
99
100
101
102
103
104
105
106
107
108
151
280
346
383
604
6O5
606
610
611
612
615
TOTAL
840
1,122
1,122
1,043
1,253
718
411
1,059
955
446
182
1,005
722
7
107
64
11,056
326
428
529
334
498
198
169
407
338
199
57
304
277
5
54
14
9
3
59
596
531
230
109
5,674
155
222
289
145
185
98
68
175
127
74
37
127
125
5
26
8
105
11
1,982
58
72
74
41
71
44
23
71
75
15
9
66
63
7
3
30
1
723
101
126
148
144
237
49
75
150
131
107
9
105
80
17
2
72
3
1,556
Bakersfield, California, November 13, 1985 Page 6
GENERAL MUNICIPAL ELECTION
NOVEMBER 5, 1985
WARD NO. 4
CONS.
PRECINCT
NO.
REGISTERED
VOTERS
VOTES
CAST
DUNCAN CRISP RATTY
109 555 124 34 29 50
110 685 302 78 69 134
111 680 325 79 85 130
112 1,254 406 157 82 151
152 772 244 68 55 100
153 1,356 401 84 121 183
154 469 159 36 37 72
155 1,296 567 1128 169 228
156 694 131 44 68 59
205 1,243 518 1121 141 221
216 616 261 54 85 112
217 430 140 41 38 55
327 60 23 6 6 5
328 2 2 2
347 132 41 8 21 11
610 596 13 15 24
611 531 9 14 12
612 230 5 5 17
615 109
616 262 17 29 40
TOTAL
10,244
5,422
982 1,069 1,606
WARD NO. 7
CONS.
PRECINCT
NO.
REGISTERED
VOTERS
VOTES
CAST
SALVAGGIO BARTON
53 708 203 91 111
54 519 132 67 62
55 1,152 341 194 138
56 1,081 298 182 112
57 1,204 381 225 147
96 701 210 122 81
218 1,076 385 207 175
219 708 180 122 51
220 916 335 192 136
221 745 306 143 142
283 9 6 6
386 31 5 4 1
609 78
612 230
614 552 48 22
617 248 24 17
TOTAL 8,850 3,890 1,621 1,201
Bakersfield, California, November 13, 1985 Page 7
Adoption of Resolution No. 163-85 of the
Council of the City of Bakersfield declar-
ing the Results of Canvass of Returns of
the Genera] Municipal Election for the
election of Councilmembers to the City
Council of the City of Bakersfield in
Wards 1, 3, 4 and 7, held on the 5th day
of November, 1985.
Upon a motion by Councilman Barton, Resolution No.
163-85 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes: Councilmen
Noes: None
Absent: Councilman
Barton, Childs, Christensen,
Ratty
Rockoff
Dickerson, Moore,
The results of the General Municipal Election were as
follows:
WARD NO.
1: James Henry Childs 1
Edwin HoliwelI
Art Powell
H. Crisp Robinson
,275
238
765
69
WARD NO. 3:
Turney Powers 723
Arthur L. "Art" Rockoff 1,556
Patricia M. Smith 1,982
WARD NO. 4:
Dan Crisp 1,069
Jack J. Duncan 982
Don Ratty 1,606
WARD NO. 7: James Curly Barton 1,201
Mark Salvaggio 1,621
The following persons are hereby declared to be elected
to the office of City Councilmember for a full term of four years:
JAMES HENRY CHILDS
PATRICIA M. SMITH
DON RATTY
MARK SALVAGGIO
FIRST WARD
THIRD WARD
FOURTH WARD
SEVENTH WARD
ADJOURNMENT
There being no further business to come before the 35th
Council of the City of Bakersfield, upon a motion by Councilman
Christensen, the Council was adjourned at 7:20 p.m.
NEWLY ELECTED COUNCIL MEMBERS SWORN
IN BY CITY CLERK
City Clerk Williams administered the Oath of Office to
the following newly elected Councilmembers:
James Henry Childs
Patricia M. Smith
Don Ratty
Mark Salvaggio
Councilman First Ward
Councilwoman Third Ward
Councilman Fourth Ward
Councilman Seventh Ward
Mayor Payne convened the 36th Council of the City of
Bakersfield at this time.
The City Clerk called the roll as follows:
Present: Mayor Payne.
Absent: None
Councilmembers
Childs, Christensen,
Dickerson, Moore, Ratty,
Sa]vaggio, Smith
Bakersfield, California, November 13, 1985 - Page 8
ELECTION OF VICE-MAYOR
Upon a motion by Councilman Moore, Councilman James
Henry Childs was elected to the office of Vice-Mayor of the
City of Bakersfield by the following roll call vote:
Ayes:
Councilmembers Childs, Christensen, Dickerson,
Moore, Ratty, Salvaggio, Smith
Noes: None
Absent: None
SCHEDULED PUBLIC STATEMENTS
Dave Price, Building Industry Association of Kern
County, 5405 Stockdale Highway, spoke in support of the ordi-
nance relating to Vesting Tentative Maps with a two-year
period and an automatic one-year extension.
CORRESPONDENCE
Upon a motion by Councilman Childs, communication
from State of California, dated October 3, 1985, requesting
participation in the first observance of the Dr. Martin
Luther King, Jr. California Holiday Commission, was referred
to the Legislative Committee.
Upon a motion by Councilmaa Moore, communication
from California Council of Civil Engineers and Land Surveyors,
1999 Edison Highway, Suite 20, dated October 21, 1985,
regarding formation of a committee composed of their organi-
zation and various City Department Heads, was received and
referred to staff.
Upon a motion by Councilman Christensen, communica-
tion from Simpson Van Curen, Inc., 2210 Chester Avenue, Suite
C, dated October 29, 1985, requesting a Genera] Plan
Amendment for residential use of 31.8 acres generally located
at intersection of Panorama Drive extension and Morning Drive
extension northerly of Auburn Street, was received and
referred to the Planning Commission for study and
recommendation.
Upon a motion by Councilman Moore, communication
from Congressman Les Au Coin, 1716 Federal Building, 1220 SW
Third, Portland, Oregon, 97204, dated October 22, 1985,
requesting Council support "Lights On For Peace" during the
Geneva Summit on November 19 and 20, 1985, was received and
placed on file.
COUNCIL STATEMENTS
Upon a motion by Councilman Childs, the assignment
of Council Standing Committees was accepted as follows:
AUDITORIUM & COMMUNITY SERVICES
J. M. "Chris" Christensen
Patricia M. Smith
Mark M. Dickerson
- Chairman
BUDGET & FINANCE
James Henry Childs - Chairman
Rollie Moore
Donald K. Ratty
Bakersfield, California, November 13, 1985
Page 9
INTERGOVERNMENTAL RELATIONS
Patricia M. Smith Chairperson
Rollie Moore
J, M. "Chris" Christensen
LEGISLATIVE
Mark M. Dickerson Chairman
James Henry Childs
Mark Salvaggio
PERSONNEL
Mark Salvaggio- Chairman
J. M. "Chris" Christensen
Mark M. Dickerson
URBAN DEVELOPMENT
Donald K. Ratty - Chairman
James Henry Childs
Patricia M. Smith
WATER RESOURCES
Rollie Moore - Chairman
Mark Salvaggio
Donald K. Ratty
Councilman Salvaggio thanked the people who helped
with his campaign and those who voted for him.
Councilman Ratty expressed appreciation to those
who assisted in his campaign.
Councilwoman Smith expressed appreciation to her
family and friends.
Councilman Childs thanked the many who assisted in
his campaign.
REPORTS
Committee
Municipal
Councilman Moore, Chairman of the Water Resources
read Report No. 4-85, regarding Amendment to
Farm Lease Agreement No. 78-165, as follows:
For many months, this committee has been meeting
with staff and Mr. Gary Gatone regarding modifica-
tions of the present Municipal Farm Lease. It has
become apparent that this lease arrangement is no
longer feasible under the present farming economic
conditions. As a result, the lessee has requested
that the present annual lump sum rental fee be
changed to a percentage of the estimated gross
revenue. Under this arrangement, the lessee would
pay more during periods of high farm prices and
less during periods of low farm prices. A review
of other agricultural ]eases indicates that most
are based on this percentage basis.
On March 27, 1985, the Council approved a modified
rent structure from a lump sum amount to a percent-
age of the gross revenues for the 1985 crop year.
Bakersfield, California, November 13, 1985 - Page 10
The Council also requested an evaluation by an
independent consultant experienced in farm manage-
ment. The purpose of the evaluation was to assist
the City and lessee in working toward a long-term
solution to the Farm Lease Agreement.
This committee has reviewed the consultants evalua-
tion and has held several meetings on this issue
and recommends the following amendments to the cur-
rent lease:
1. Term - Extend the lease's base term three addi-
tional years (to 1995) followed by the two five-
year option periods (to 2005).
2. Improvements - The Lessee is required to com-
plete the fencing previously agreed to be performed
by him (Agreement No. 61-41) as a condition of
exercising any option to extend the lease term. It
releases him from the obligation to complete other
improvements specified in that prior agreement.
3. Rental - Generally stated, the City is to
receive as rent 15% of the estimated gross income
from the farm, based either on Lessee's operating
budget as approved by his croplender, or on the
basis of estimated commodity prices, the crop plan
submitted by the lessee and the production levels
specified in the agreement, whichever is higher.
The City is to get 10% per crop for those double-
cropped. & minimum rental in the amount of
$200,000 is specified.
4. Deletion of Land - The draft provides for the
immediate removal from the lease of two parcels
(27.29 acres +) and, after five years and with prior
notice from t~e City and at the City's election,
removal of an additional parcel (171.94 acres ~).
In order to implement these recommendations, this
committee recommends that the City Council approve
and authorize the Mayor to execute the attached
Amendment to Lease Agreement No. 78-165.
Upon a motion by Councilman Moore, Report No. 4-85 from
the Water Resources Committee regarding Amendment to Municipal
Farm Lease Agreement No. 78-165, was accepted and the recommenda-
tions approved.
Councilman Moore made a motion to accept the terms of
the Amendment to Lease Agreement No. 78-165, implement the
Agreement and authorize the Mayor to execute. This motion was
unanimously approved.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
Approval of Warrant Nos. 2244 through 2790
inclusive, in the amount of $1,675,552.06.
Claim for Damages from Steven Dwayne Yeary c/o
Robinson, Palmer & Stanton, 3434 Truxtun
Avenue, Suite 150, Bakersfield. (Refer to
City Attorney)
Claim for Personal Injuries from Bessie
Barker, 1929 26th Street, Bakersfield.
to City Attorney)
(Refer
Bakersfield, California, November 13, 1985 - Page 11
Claim for Damages from Rudolpho Y. Rodriguez,
303 East California Avenue, Bakersfield.
(Refer to City Attorney)
Claim for Personal Injuries from Victor
Clipton Peterson, 1928 Stine Road,
Bakersfield. (Refer to City Attorney)
Claim for Damages and Personal Injuries from
Howard Eugene Schoonover, 3421 Grissom Street,
Bakersfield. (Refer to City Attorney)
Claim for Damages and Personal Injuries from
Beatrice M. Mcintyre, 2109 Parkway Street,
Bakersfield. (Refer to City Attorney)
h. Claim for Damages and Personal Injuries from
David Wo Vargas, 2109 Parkway Street,
Bakersfield. (Refer to City Attorney)
i. Dedication of Property:
1)
Sewer Line Easement from J. L. Dandy and
Company for Parcel Map 7622 located south
of Panama Lane and east of Freeway 99.
2)
Grant Deed from H. E. Aaron for a drain-
age retention basin for Tract 4519
located south of College Avenue and west
of Morning Drive.
3)
Sewer Easement from James R. Trigueiro
for Parcel Map Waiver 58-85. This ease-
ment is located south of Belle Terrace
and west of Stine Road.
4)
Street Right-of-Way Deed from Kashian
Group, Ltd., and James S. Taylor for the
construction of a portion of Gilmore
Street and Arrow Street.
5)
Right-of-Way Deed from Clifton Carpenter,
Lila V. Carpenter, Joseph M. Gannon,
Margaret O. Gannon for Parcel Map 7603
located at the northwest corner of
Brundage Lane and Quantico Avenue.
Maps and Improvement Agreements:
Improvement Agreement for Parcel Map 7622
with J· L. Dandy Company, located south
of Panama Lane and east of Freeway 99.
Final Map and Improvement Agreement for
Tract 4519 with H. E. Aaron Properties for 132
lots on 36.65 acres located east of Morning
Drive and south of College Avenue.
Final Map and Improvement Agreement for
Tract 4761 with U.S. Homes for 71 lots on
11.52 acres located west of Gosford Road and
south of Westwold Drive.
Improvement Agreement for Parcel Map No. 7603.
with Ervil Daniel and Deanna Araujo for the
construction of improvements located on the north-
west corner of Brundage Lane and Quantico Avenue.
Bakersfield, California, November 13, 1985 Page 12
1. Notice of Completion and Acceptance of Work on:
1)
Chain Link Fence Plant No. 2 Reservoirs,
Contract No. 85-79 with American Fence Company
of California.
2) Tract 4645, Contract No. 85-1, with Hilltop
Developers Inc. and Wayne L. Vaughn, located at
Panama Lane and Monitor Street.
3)
Tract 4345 Unit A, Contract No. 84-70,
with Community Construction, Inc., located
at White Lane and Old River Road.
4)
Parcel Map No. 6698, Contract No. 83-120,
with J. L. Dandy & Company, located at
Panama Lane and Colony Street.
Application for Encroachment Permit from County of
Kern, General Services, 1415 Truxtun Avenue, for
an existing 6-foot chain link fence behind the
sidewalk on Kern Street between East 18th Street
and the alley at 610 East 18th Street.
Plans and Specifications for construction of
the Rio Bravo Fire Station at the northwest corner
of Alfred Harrel Highway and Lake Ming Road.
Request for Leave of Absence Without Pay for
Telecommunicator Donna Castclio.
Revisions of
Drawing S-40,
type.
City of Bakersfield Standard
Standard Street Sign, post
Agreement with the County of Kern amending Lease
Agreement No. 83-25 whereby the County ]eased the
property at 1116 "S" Street from the City to pro-
vide a parking lot for their General Services
Department. This amendment will provide for a
10-day termination of the ]ease by either party to
expedite the relocation of the Beale Memorial
Library.
Agreement with Jeff Hedberg to provide recrea-
tion activity for tennis lessons.
Upon a motion by Councilman Childs, 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 approved by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen, Dickerson, Moore,
Ratty, Salvaggio, Smith
None
None
ACTION ON BIDS
Upon a motion by Councilman Moore, low bids of Traffic
Control Technology (three items), in the amount of $113,704.08,
and Signal Sales Company (two items), in the amount of $2,708.30,
and Detector Systems (one item), in the amount of $10,132.54, for
twenty-three traffic controllers, were accepted and all other bids
rejected.
Upon a motion by Councilman Ratty, low bid of Paxin
Electric Inc., in the amount of $67,665.00, for traffic signal
system on Truxtun Avenue at the Corporation Yard, was acepted all
other bids rejected and the Mayor was authorized to execute the
contract.
25 )
Bakersfield, California, November 13, 1985 Page 13
Upon a motion by Councilman Ratty, low bid of Griffith
Company, in the amount of $72,543.00, for reconstruction of Stine
Road - Phase II, was accepted, all other bids rejected, and the
Mayor was authorized to execute the contract by the following roll
call vote:
Ayes: Councilmembers
Noes: None
Absent: None
Childs, Christensen, Dickerson, Moore,
Ratty, Salvaggio, Smith
Upon a motion by Councilman Moore, low bid of S. A.
Camp, in the amount of $57,661.11, for drilling, casing and pump
testing Ashe Water Well No. 17, was accepted, the other bid
rejected, and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Childs, low bid from
Three-Way Chevrolet, in the amount of $26,306.57, for two four-
door sedans, was accepted and all other bids rejected.
Upon a motion by Councilman Childs, consideration of low
bid for a dump body for City-owned truck was deferred to the
Council Meeting of November 20, 1985.
Upon a motion by Councilman Childs,
bid for automatic transmission conversion was
Council Meeting of November 20, 1985.
consideration of low
deferred to the
Upon a motion by Councilman Ratty, all bids for
Equipment Management Computer System were rejected and the Finance
Department was authorized to readvertise for bids.
RECESS
Upon a motion by Councilman Dickerson, the meeting was
recessed at 7:55 p.m. and reconvened at 8:10 p.m.
DEFERRED BUSINESS
Adoption of Ordinance No. 3005 New Series
of the Council of the City of Bakersfield
amending Section 6.04.270 of the
Bakersfield Municipal Code relative to
violations of the Code for keeping noisy
animals.
This ordinance was given first reading at the meeting
of October 23, 1985.
Councilman Moore made a motion to adopt Ordinance No.
3005 New Series of the Council of the City of Bakersfield with
correction to incorporate the highest limits as per Government
Code Section 36900 of $100; $200; and $500. This motion was
adopted by the following roll call vote:
the
Ayes:
Noes:
Absent:
Abstaining:
Councilmembers Christensen, Dickerson,
Salvaggio, Smith
None
None
Councilmember Childs
Moore, Ratty,
Adoption of Ordinance No. 3006 New Series
of the Council of the City of Bakersfield
amending Sections 2.08.010 B.,
3.04.060, 3.04.080, 3.20.100 D., 3.20.120
A., B., and C., 3.20.125 A. and B.,
3.24.020, 8.32.100 A., B., C., and D.,
and repealing Sections 3.04.070 and
8.32.100 E. of the Bakersfield Municipal
Code relating to operation of the Finance
Department.
Bakersfield, California, November 13, 1985 Page 14
This Ordinance was given first reading at the meeting
of October 23, 1985.
Upon a motion by Councilman Ratty, Ordinance No. 3006
New Series of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes: Councilmembers Childs, Christensen, Dickerson,
Ratty, Salvaggio, Smith
Noes: None
Absent: None
Moore,
Adoption of Ordinance No. 3007 New Series
of the Council of the City of Bakersfield
amending Title Seventeen of the Bakersfield
Municipal Code by Changing the Zoning of
those Certain Properties in the City of
Bakersfield located south of Harris
Road, east of Wib]e Road to Freeway 99.
This Ordinance was given first reading at the meeting of
October 23, 1985.
Upon a motion by Councilman
New Series of the Council of the City
by the following roll call vote:
Ratty, Ordinance No. 3007
of Bakersfield was adopted
Ayes: Councilmembers
Noes: None
Absent: None
Childs, Christensen, Dickerson, Moore,
Ratty, Salvaggio, Smith
HEARINGS
This is the time set for public hearing
regarding the Revised Noise Element and
proposed Negative Declaration of the
Bakersfield Metropolitan Area General Plan.
Mayor Payne declared the hearing open for public par-
ticipation. No protests or objections being received, and no one
wishing to speak in favor, the public portion of the hearing was
closed for Council deliberation and action.
Upon a motion by Councilman Ratty, Resolution No. 164-85
of the Council of the City of Bakersfield making findings, adopt-
ing a Negative Declaration, approving and adopting a Revised Noise
Element of the Bakersfield Metropolitan Area General Plan, was
adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen, Dickerson, Moore,
Ratty, Salvaggio, Smith
None
None
This is the time set for public hearing
before the City Council on an appeal by
Sheraton Valley Inn, to the decision of
the Planning Commission denying their
request for additional signage for prop-
erty located at 5101 California Avenue,
Bakersfield.
Mayor Payne declared the hearing open for public par-
ticipation.
A. E. Stewart, representing Sheraton Valley Inn,
stated that they are requesting to put a 30 inch by 12 foot sign
at the south end of the property for identification by the north
bound traffic.
Bakersfield, California, November 13, 1985 - Page 15
No protests or objections being received and no one else
wishing to speak in favor, Mayor Payne closed the public portion
of the hearing for Council deliberation and action.
Upon a motion by Councilman Ratty, the appeal by
Sheraton Valley Inn to the decision of the Planning Commission
denying their request for additional signage for property located
at 5101 California Avenue, was denied by the following roll call
vote
Ayes
Noes
Absent:
Abstaining:
Councilmembers Childs, Moore, Ratty, Smith
Councilmembers Christensen, Salvaggio
None
Councilmember Dickerson
This is the time set for public hearing
before the City Council on an appeal by
Mildred D. MacDonald to the decision of
the Board of Zoning Adjustment approving
a Modification of an R-2 (Limited
Multiple Family Dwelling) Zone, to Marty
Jeanne Terry, to permit the reduction of
both required side yard setbacks from
five feet to three feet; and to eliminate
the required five-foot rear yard setback
on that certain property commonly known
as 1815 - 1st Street.
Mayor Payne declared the hearing open for public par-
ticipation.
Marty Jeanne Terry, owner of property at 1815 1st
Street, spoke in opposition to this appeal.
Councilman Childs made a motion to deny the appeal by
Mildred D. MacDonald and uphold the decision of the Board of
Zoning Adjustment approving a Modification of an R-2 Zone, to
Marty Jeane Terry, to permit the reduction of both required side
yard setbacks from five feet to three feet; and to eliminate the
required five-foot rear yard setback on that certain property com-
monly known as 1815 1st Street. This motion was approved by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen, Dickerson, Moore,
Ratty, Sa]vaggio, Smith
None
None
First reading of an Ordinance of the
Council of the City of Bakersfield adding
Chapter 16.24 to Title 16 of the
Bakersfield Municipal Code relating to
Vesting Tentative Maps.
Adoption of Resolution No. 165-85 of the
Council of the City of Bakersfield
Initiating Proceedings for the Annexation
of Territory to the City of Bakersfield
Identified as Proceeding No. 881,
Annexation No. 303, in Accordance with
LAFCO Resolution Making Determination
(AKERS NO. 3).
ation of
December
This resolution initiates the proceedings for the annex-
Akers No. 3 and sets the date for the protest hearing for
18, 1985.
Bakersfield, California, Nove~nber 13, 1985 - Page 16
Upon a motion by Councilman Dickerson, Resolution No.
165-85 of the Council of the City of Bakersfie]d, was adopted by
the following roll call vote:
Ayes: Councilmembers Childs, Christensen, Dickerson, Moore,
Ratty, Salvaggio, Smith
Noes: None
Absent: None
Adoption of Resolution No. 166-85 of the
Council of the City of Bakersfield
Initiating Proceedings for the Annexation
of Territory to the City of Bakersfield
Identified as Proceeding No. 882,
Annexation No. 304, in Accordance with
LAFCO Resolution Making Determination
(PACHECO NO. 10).
This resolution initiates the proceedings for the annex-
ation of Pacheco No. 10 and sets the date for the protest hearing
for December 18, 1985.
Upon a motion by Councilman Dickerson, Resolution No.
166-85 of the Council of the City of Bakersfield, was adopted by
the following roll call vote:
Ayes: Councilmembers
Noes: None
Absent: None
Chi]ds, Christensen, Dickerson, Moore,
Ratty, Salvaggio, Smith
Adoption of Resolution No. 167-85 of the
Council of the City of Bakersfield
Providing for the Adjustment of
Property Tax Revenues upon Local Agency
Jurisdictional Change Resulting from
Annexation No. 305, LAFCO Proceeding
No. 884 (CURRAN NO. 3).
Upon a motion by Councilman Childs, Resolution No.
167-85 of the Council of the City of Bakersfield, was adopted
the following roll call vote:
by
Ayes: Councilmembers
Noes: None
Absent: None
Childs, Christensen, Dickerson, Moore,
Ratty, Salvaggio, Smith
Adoption of Resolution No. 168-85 of the
Council of the City of Bakersfield
approving the Application for Historic
Preservation Grant Funds for the Baker
Street Library Project from the
California Park and Recreational
Facilities Act of 1984.
Upon a motion by Councilman Christensen, Resolution No.
168-85 of the Council of the City of Bakersfie]d, was adopted by
the following roll call vote:
&yes:
Noes:
Absent:
Councilmembers Childs, Christensen, Dickerson, Moore,
Ratty, Salvaggio, Smith
None
None
Bakersfield, California, November 13, 1985 - Page 17
Adoption of Resolution No. 169-85 of the
Council of the City of Bakersfield set-
ting Date and Place of Public Hearing in
the Matter of Proposed Cancellation of
Land Use Contract under the Williamson
Act, and Directing City Clerk to Give
Notice in Accord with Section 51284 of the
Government Code.
This Resolution sets the date of hearing for
December 11, 1985.
Upon a motion by Councilman Childs, Resolution No.
169-85 of the Council of the City of Bakersfield, was adopted by
the following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen, Dickerson,
Ratty, SalvaggJo, Smith
None
None
Moore,
Resolution of Intention No. 993 of the
Council of the City of Bakersfield
Declaring its Intention to Order the
Abandonment of a 50-Foot Portion of
Dedicated Vehicular Access Rights on the
South Side of White Lane, Westerly of
Ashe Road in the City of Bakersfield.
This Resolution of Intention sets the date of hearing
for December 11, 1985.
Upon a motion by Councilman Ratty, Resolution of
Intention No. 993 of the City of Bakersfield, was adopted by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Childs, Christensen,
Salvaggio, Smith
None
None
Dickerson, Moore, Ratty
Amendment to Agreement No. 85-142 with
Tenneco West, Inc.
On July 24, 1985, the Council authorized expenditure of
up to $800,000 for oversizing the outfail line to serve future
growth within the Plant No. 3 service area. The negotiated price
for oversizing approximately 9 miles of pipeline is $700,000.
Agreement
approved,
Upon a motion by Councilman Moore, Amendment to
No. 85-142 with Tenneco West, Inc., was unanimously
and the Mayor was authorized to execute the Agreement.
Agreement with Tenneco Realty Development
Corporation for the purchase and instal-
lation of park equipment at Campus Park
North and Haggin Oak Park.
Upon a motion by Councilman Ratty, Agreement with
Tenneco Realty Development Corporation for the purchase and
installation of park equipment at Campus Park North and Haggin
Oak Park, was unanimously approved and the Mayor was authorized
to execute the Agreement.
Agreement on Metro-Bakersfield Intermodal
Transit Study.
Bakersfield, California, November 13, 1985 Page 18
294.
Upon a motion by Councilman Moore, Agreement on
Metro-Bakersfield Intermodal Transit Study was unanimously
approved and the Mayor was authorized to execute the Agreement.
Second Year (FY 1986-87) State of
California Application for Mass Transpor-
tation Project Funding (Multi-Modal
Facility).
Upon a motion by Councilman Moore, the Second Year
(FY 1985-87) State of California Application for Mass
Transportation Project Funding (Multi-Modal Facility), was unani-
mously approved.
Conditional approval for the purchase of
29+ acres of property fronting on Planz
Road for expansion of the Bakersfield
Airpark.
City Manager Caravalho stated that correspondence has been
received from Dr. Ingalls regarding the purchase of property for
Airpark expansion. He further indicated that the City would be in
receipt of a second grant offer and that Dr. Ingalls has submitted
a one page additional escrow instruction which indicates if the
City bought the property he would guarantee a repurchase of the
property in the event the City did not receive a grant.
Councilman Childs made a motion to approve purchase of
29+ acres of property fronting on Planz Road for expansion of the
Bakersfield Airpark, with escrow closure to occur only after
receiving second year grant offer or receipt of a letter of credit
from Dr. Ingalls for the guarantee to repurchase the property in
the event the City did not receive the grant. This motion was
unanimously approved. A roll call vote was taken on this item
later in the meeting.
First Reading of an Ordinance of the
Council of the City of Bakersfield amend-
ing Title Seventeen of the Bakersfield
Municipal Code by changing the land use
zoning of those certain properties in the
City of Bakersfield located on the north
side of College Avenue, 800 feet east of
Fairfax.
This Ordinance would change subject properties from an
R-2 (Limited Multiple-Family Dwelling) Zone to a PUD (Planned Unit
Development), consisting of 52 one- and two-story structures for a
total of 428 condominium units, with the conditions required by
the Council and set forth in general plan amendment Resolution No.
128-85. This ordinance implements that decision of the Council
made August 28, 1985.
Upon advice of the City Attorney, the City Clerk took a
roll call vote on the motion by Councilman Childs to approve pur-
chase of 29+ acres of property fronting on Planz Road for expan-
sion of the Bakersfield Airpark, with escrow closure to occur only
after after receiving second year grant offer or receipt of a let-
ter of credit from Dr. Ingalls for the guarantee to repurchase the
property in the event the City did not receive the grant, as
follows:
&yes Dickerson, Moore
Noes
Absent:
Abstaining:
Councilmembers Childs, Christensen,
Ratty
None
None
Councilmembers Salvaggio, Smith
Bakersfield, California, November 13, 1985 - Page 19
upon
8:40
ADJOURNMENT
There being no further business to come before the Council,
a motion by Councilman Childs, the meeting was adourned at
p.m.
MAYOR of the City of ~'akersfield, Calif.
ATTEST:
/?
CITY CLERK and Ex Officio Clerk of the Counci!
of the City of Bakersfield, California
rg
Bakersfield, California, November 20, 1985
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 p.m., November 20, 1985.
The meeting was called to order by Mayor Payne, followed
by the Pledge of Allegiance and Invocation by Councilman Moore.
The City Clerk called the roll as follows:
Present: Mayor Payne.
Councilmembers Christensen, Dickerson,
Moore, Ratty, Salvaggio,
Smith, Childs
AOsent: None
SCHEDULED PUBLIC STATEMENTS
Dave Price, Building Industry Association of Kern
County, spoke in support of the Ordinance relating to Vesting
Tentative Maps.
Ed Rodgers, Auctioneer, 2413 Spruce Street, introduced
himself and explained that he currently has an agreement with the
City to hold auctions and occasionally rents the Old City
Corporation Yard for that purpose.
RECESS
Upon a motion by Councilman Childs, the Council meeting
was recessed at 7:08 p.m. in order to allow the Redevelopment
Agency to conclude its meeting. The meeting was reconvend at 7:45
p.m.
Councilman Christensen made a motion to recess.
motion was defeated.
This
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
City of Lancaster, dated November 5, 1985, requesting support of
locating the proposed Superconducting Super Collider (SSC) in the
Antelope Valley, was received and referred to the Legislative
Committee.
Upon a motion by Councilman Childs, communication from
Ragsdale Refrigeration, 1120 Sumner Street, dated November 13,
1985, requesting vacation of Robinson Street easement between
Block 97 Lot 1 and Block 98 Lot 16 Kern Tract, was received and
referred to the Planning Commission for study and recommendation.
Upon a motion by Councilmon Ratty, communication from
William G. McClure, 6216 Copperwood Lane, dated November 14, 1985,
requesting a change of conditions on Special Sign Permit No. 158,
Del ~aco Restaurant, 1400 Wible Road, was received and referred to
Planning Department for report and recommendation back to Council.
Upon a motion by Councilman Ratty, communication from
William G. McClure, 6216 Copperwood Lane, dated November 14, 1985,
requesting change of conditions on Special Sign Permit No. 152,
Rio Mirada Motor Inn, 4500 Pierce Road, was received and referred
to Planning Department for report and recommendation back to
Council.
Upon a motion by Councilman Childs, communication
from Warner Amex Cable Communications Inc., 201 Union Avenue,
dated November 13, 1985, giving notification of reacquiring
American Express' 50% interest in Warner Amex Cable
Communications, was received and referred to the City Attorney
study.
for
Bakersfield, California, November 20, 1985 - Page 2
Upon a motion by Councilman Christensen, communication
from A. C. Speth, Auditorium Concessionaire, P.O. Box 915, Sunset
Beach, dated October 24, 1985, requesting price increases for the
Civic Auditorium concession stands, was received and referred to
the Auditorium and Community Services Committee for study and
recommendation.
Upon a motion by Councilman Moore, communication from
Kern River Committee, regarding the Kern River Corridor, was
referred to the Water Resources Committee for review, comment and
proposed action.
Upon a motion by Councilman Childs, communication from
David Robertl, regarding Roberti-Z'berg Harris Open Space Grants,
dated October 28, 1985, was received and referred to the
Legislative Committee.
Upon a motion by Councilman Childs, communication from
State of California, Office of Traffic Safety, 700 Franklin Blvd.,
Suite 300, Sacramento, received November 20, 1985, was referred to
the Urban Development Committee for report and recommendation back
to Council.
COUNCIL STATEMENTS
Upon a motion by Councilman Moore, the issue of Police
Department Personnel being given their badge on a plaque and their
weapon upon honorable retirement as a token of appreciation for
their dedication to the community, and that Arthur Pellettieri,
who provided 33 years of service, be the first to be honored, was
considered as an emergency issue.
Councilman Moore stated he received a letter from the
Board of Realtors expressing their appreciation for the efforts of
Stan Grady, Community Development Coordinator, and Esther Agui]ar,
Associate Planner, of the Community Development Department.
Councilman Childs read a letter from Governor
Deukmejian and the Dr. Martin Luther King, Jr., California Holiday
Commission, dated October 3, 1985, regarding Western Region
Planning Conference for the first federal observance of Dr. Martin
Luther King, Jr.'s birthday on January 20, 1986.
Upon a motion by Councilman Childs, his request to attend
the Western Region Planning Conference on December 2 and 3, 1985,
in San Diego with expenses paid, was unanimously approved.
Councilman Moore made a motion that at the time of an
honorable retirement by Police Department Personnel they be
given their badge on a plaque and their weapon as a token of
appreciation for their service and dedication to the community,
and that Arthur R. Pellettieri, Lieutenant, be the first to be
honored. This motion was unanimously approved.
Councilman Ratty made a motion to refer the matter of
Presumption of Cancer of Firemen under State Law to the Budget
and Finance Committee to look into the matter and identify how
many firemen are smoking in the fire stations; how many firemen
smoke and whether there should be discussion when hiring firemen
who have smoked within the last five years.
Councilman Dickerson made a substitute motion to refer
the matter of smoking liability of the Fire Department to the
Personnel Committee.
Upon a motion by Councilman Childs, the call for the
question was approved.
Bakersfield, California, November 20, 1985 Page 3
matter of
Committee
Councilman Dickerson's substitute motion to refer
Presumption of Cancer of Firemen to the Personnel
was defeated by the following roll call vote:
the
Ayes:
Noes:
Absent:
Councilmembers Christensen, Dickerson, Salvaggio
Councilmembers Moore, Ratty, Smith, Childs
None
Councilman Ratty's motion to refer the matter of Pre-
sumption of Cancer of Firemen under State Law to the Budget and
Finance Committee to identify how many are smoking in the fire
station; how many firemen smoke; and whether there should be dis-
cussion when hiring firemen who haw~ smoked within the last five
years, was approved by the following roll call vote:
Ayes: Councilmembers Dickerson,
Childs
Noes: Councilmember Christensen
Absent: None
Moore, Ratty,
Salvaggio, Smith,
Councilman Dickerson expressed his concerns about the
need for a street light at Pacheco and Wible Roads.
Councilman Dickerson stated that a developer of the area
south of Pacheco and east of Wible Roads has expressed a concern
about a delay in the moving of a water line by California Water
Service.
In answer to a question by Councilman Dickerson,
Public Works Manager Hawley stated that comments made by
Councilmembers will assist in discussions with California Water
Service to facilitate moving the water line.
Mayor Payne indicated that he has had a request to
attend a Federal Emergency Managemerit Agency meeting on Friday
morning and will not be able to attend.
Councilman Dickerson stated that he might be available
to attend the Federal Emergency Management Agency meeting.
REPORTS
City Manager's Report No. 10-85 regarding Proposed
Council Office Space, was presented as follows:
On August 25, 1985, staff was directed by the Council to
locate space within City Hall for two additional offices
for City Council members. Following extensive consulta-
tion with the Engineering Division of the Public Works
Department, appropriate space was identified and plans
for converting the space into offices were drafted. The
space staff proposes for Council offices is located
adjacent to the east lobby of City Hall, as detailed in
the attached drawing.
City staff recommends that the City Council authorize
the transfer of $9,000 from the Council Contingency Fund
for construction of two offices adjacent to the east
lobby of City Hall.
Upon a motion by Councilman Childs, the transfer of
$9,000 from the Council Contingency Fund for construction of two
offices adjacent to the east lobby of City Hall, was approved by
the following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Christensen, Dickerson,
Smith, Childs
Councilmember Salvaggio
None
Moore, Ratty,
29 ;)
Bakersfie]d, California, November 20, 1985 - Page 4
City Manager Caravalho stated that correspondence has
been received from California State College Bakersfield requesting
joint sponsorship of the 1985 International Roundtable on
Leadership and Government Performance with Cal State Bakersfield,
and requested the Council appropriate $5,000 from the Council
Contingency Fund for this effort.
Councilman Childs made a motion to assist in the joint
sponsorship of the 1985 International Roundtable on Leadership and
Government Performance with Cal State Bakersfield.
Councilman Christensen made a substitute motion to delay
the consideration of joint sponsorship until the next Council meeting.
Upon a motion by Councilman Ratty, the call for the
question was unanimously approved.
Councilman Christensen's substitute motion to delay the
consideration of joint sponsorship of the 1985 International
Roundtable on Leadership and Government Performance with Cal State
Bakersfield, was defeated by the following roll call vote;
Ayes: Councilmember Christensen,
Noes: Councilmembers Dickerson, Moore, Ratty, Salvaggio, Smith,
Childs
None
Absent:
Councilman Childs' motion to assist in the joint spon-
sorship of the 1985 International Roundtable on Leadership and
Government Performance with Cal State Bakersfield, was approved by
the following roll call vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmembers Dickerson, Moore,
Childs
None
None
Councilmember Christensen
Ratty, Sa]vaggio, Smith,
City Attorney Oberholzer indicated that at the Council
Meeting of November 13, 1985, the Council approved the purchase of
29+ acres of property fronting on Planz Road for expansion of the
Airpark. Escrow closure was to occcur after receiving the second
year grant offer or receipt of a letter of credit from Dr.
Ingalls, the property owner, for the guarantee to repurchase the
property if the City did not receiw~ the grant. City Attorney
Oberholzer stated instead of a letter of credit, California
Republic Bank is offering a commitment letter for a loan for the
repurchase of the property.
Councilman Dickerson made a motion to authorize the
acquisition of the 29+ acres of property fronting on Planz Road for
expansion of the Airpark on the condition that there be a legally
sufficient method for repurchase by Dr. Ingalls in the event the
Federal Aviation Administration Grant is not received. The motion
was approved by the following roll call vote:
Ayes: Councilmembers
Noes: None
Absent: None
Christensen, Dickerson, Moore,
Salvaggio, Smith, Childs
Ratty,
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
a. Approval of Warrant Nos. 2791 to 2987 inclu-
sive, in the amount of $450,797.28.
Bakersfield, California, November 20, 1985 Page 5
Approval of Warrant No. 2988, in the amount of
$150,000 and accept Quitclaim Deed from the
County of Kern to the City of Bakersfield for
Stockdale Fire Station.
the
Claim for Damages from Pacific Bell, 1010
Wilshire Boulevard, Room 621, Los Angeles.
(Refer to City Attorney)
d. Dedication of Property.
1)
Street Right-of-Way Deed from Terry L.
Moreland for the development of the property
at the Southeast corner of Ming Avenue and New
Stine Road.
Deeds from Jeff Wanamaker, Beth R. Leonhard, et.
al., for the Kern River Bike Path which provides
the City with an undivided 54% interest in four parcels
totaling 4.9 acres north of Truxtun Avenue and south of
the Kern River, between Mohawk Street and the Santa Fe
Railroad tracks, needed to widen Truxtun Avenue, for a
river levee, and to complete the bicycle trail from
Beach Park to Cal State, at an agreed per-acre price of
$14,285.
f. Application for Encroachment Permit from:
1)
Robert A. Palmer Construction, 2464 South
Union Avenue, for the construction of a 6-foot
fence behind the sidewalk on Split Oak Court at
1800 Cross Oak Drive.
Upon a motion by Councilman Childs, Items a, b, c, d, e,
and f of the Consent Calendar were adopted by the following roll
call vote:
Ayes: Councilmembers Christensen, Dickerson, Moore, Ratty,
Salvaggio, Smith, Childs
Noes: None
Absent: None
RECESS
Councilman Christensen made a motion to recess the meet-
ing for 20 minutes.
Upon a substitute motion by Councilman Dickerson, the
meeting was recessed at 8:35 p.m for 10 minutes. Councilman
Christensen voted no. The meeting was reconvened at 8:55 p.m.
Councilman Moore made a motion to approve Richard
Oberholzer as a member and Art Saalfield as alternate to the Board
of Zoning Adjustment. This motion was unanimously approved.
ACTION ON BIDS
Company,
Overcrossi
all other
Upon a motion by Councilman Ratty, low bid from Tumblin
in the amount of $3,264,818.00, for Union Avenue
ng between 21st Street and Route 178, was accepted and
bids rejected.
Upon a motion by Councilman Moore, low bid from Micro
Age Computer Store for Base Bid, in the amount of $26,675.64, for
Design and Drafting Computer Aided System, was accepted and all
other bids rejected.
Upon a motion by Councilman Moore,
Fence Company, in the amount of $78,133.20,
fence on Kern River Canal, was accepted, all
and the Mayor was authorized to execute the
low bid from American
for construction of
other bids rejected,
contract.
Bakersfield, California, November 20, 1985 - Page 6
Upon a motion by Councilman Childs, low bid from Mobile
Equipment Company, in the amount of $7,722.10, for dump body for
City-owned truck, was accepted and all other bids rejected.
Upon a motion by Councilman Childs, low bid from Valley
Detroit Diesel, in the amount of $9,527.00, for automatic trans-
mission conversion, was accepted and all other bids rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 3008 New Series
of the Council of the City of Bakersfield
adding Chapter 16.24 to Title 16 of the
Bakersfield Municipal Code relating to
Vesting Tentative Maps.
This Ordinance was given first reading at the meeting of
November 13, 1985.
Upon a motion by Councilman Christensen, Ordinance No.
3008 New Series of the Council of the City of Bakersfield, was
adopted by the following roll call vote:
Ayes: Councilmembers Christensen, Dickerson, Moore,
Salvaggio, Smith, Childs
Noes: None
Absent: None
Ratty,
Adoption of Ordinance No. 3009 New Series
of the Council of the City of
Bakersfield amending Title Seventeen of
the Bakersfield Municipal Code by chang-
ing the Land Use Zoning of those certain
properties in the City of Bakersfield
located on the north side of College
Avenue, 800 feet east of Fairfax.
This Ordinance was given first reading at the meeting
of November 13, 1985.
This ordinance would change subject properties from an
R-2 (Limited Multiple-Family Dwelling) Zone to a PUD (Planned Unit
Development), consisting of 52 one-and two-story structures for a
total of 428 condominium units, with the conditions required by
the Council and set forth in Genera] Plan Amendment Resolution
No. 128-85. This ordinance implements that decision of the
Council made August 28, 1985.
Upon a motion by Councilman Christensen, Ordinance No.
3009 New Series of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Christensen, Dickerson, Moore,
Salvaggio, Smith, Childs
Noes: None
Absent: None
Ratty,
HEARINGS
This is the time set for public hearing
before the Council for hearing protests
by persons owning real property or any
registered voter residing within terri-
tory designated as "Fairview No. 2," pro-
posed to be annexed to the City of
Bakersfield.
Bakersfield, California, November 20, 1985 Page 7
Two written protests to the Fairview No. 2 Annexation
have been received and placed on file.
Mayor Payne declared the hearing open for public par-
ticipation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Councilman Dickerson made a motion to adopt Resolution
No. 170-85 of the Council of the City of Bakersfield Making Find-
ings that Two Written Protests have been Filed and Ordering the
Territory Designated as Proceeding No. 879, Annexation No. 301
(Fairview No. 2), Annexed to the City of Bakersfield. This motion
was approved by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Christensen, Dickerson, Moore,
Salvaggio, Smith, Childs
None
None
Ratty,
This is the time set for public hearing
before the Council for hearing protests
by persons owning real property or any
registered voter residing within terri-
tory designated as "Hughes No. 2," pro-
posed to be annexed to the City of
Bakersfield.
Four written protests to the Hughes No. 2 Annexation
have been received and placed on file.
Mayor Payne declared the hearing open for public parti-
cipation.
Howard Chase, 1500 Bernice Drive, spoke in opposition to
the Hughes No. 2 Annexation.
No further protests or objections being received, the
public portion of the hearing was closed for Council deliberation
and action.
Councilman Moore made a motion to adopt Resolution No.
171-85 of the Council of the City of Bakersfield Making Findings
that Four Written Protests have been Filed and Ordering the Terri-
tory Designated as Proceeding No. 880, Annexation No. 302 (Hughes
No. 2), Annexed to the City of Bakersfield. This motion was
approved by the following roll call vote:
Ayes: Councilmembers Christensen, Dickersoil, Moore,
Salvaggio, Smith, Childs
Noes: None
Absent: None
Ratty,
This is the time set for public hearing
regarding the matter of consideration by
the City Council of the Negative
Declaration and Amendment to the
Circulation Element of the Bakersfield
Metropolitan Area General Plan to allow
the street classification and general
alignment of planned, but not yet built,
major collector known as "future
Brentwood Street" from Niles Street
north.
Mayor Payne declared the hearing open for public par-
ticipation. 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.
3O 5
Bakersfield, California, November 20, 1985 - Page 8
Upon a motion by Councilman Ratty, Resolution No. 172-85
of the Council of the Council Making Findings, Adopting Negative
Declaration and Amending the Circulation Element of the
Bakersfield Metropolitan Area General Plan by the Deletion of
Designation of Future Brentwood Street, North of Niles Street as a
Major Collector Street, was adopted by the following roll call
vote:
Ayes: Councilmembers Christensen, Dickerson, Moore, Ratty,
Salvaggio, Smith, Childs
Noes: None
Absent: None
This is the time set for public hearing
before the Council for the purpose of
considering an application for a
Modification requested by Robert L.
Clement and Associates to allow a maximum
height of 199 feet for a microwave tower
on the top of a 12-story office building
in a C-O (Commercial and Professional
Office) Zone located at 5060 California
Avenue.
Mayor Payne declared the hearing open for public par-
ticipation.
Carl Elliott, Architect representing Robert Clement and
Associates, stated he was available to answer questions of the
Council.
No protests or objections being received and no one else
wishing to speak in favor, Mayor Payne closed the public portion
of the hearing for Council deliberation and action.
Councilman Ratty made a motion to approve the amended
Modification as submitted and make findings as outlined in the
staff report. This motion was approved by the following roll call
vote:
Ayes: Councilmembers Christensen, Dickerson, Moore,
Salvaggio, Smith, Childs
Noes: None
Absent: None
Ratty,
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield add-
ing Section 12.56.050 M. and amending
Section 12.56.260 of the Bakersfield
Municipal Code relative to prohibited
acts in parks and the punishment there-
for.
Councilman Moore made a motion
"beverage" between the words "glass" and
Ordinance and any place that those words
unanimously approved.
to insert the word
"containers" in the
occur. This motion was
Adoption of Resolution No. 173-85 of the
Council of the City of Bakersfield adopt-
ing sewer plans for Terrace Way-Hughes
Lane, Lavern Avenue and Wood Lane
Planned Sewer Areas and making findings
relative thereto.
Bakersfield, California, November 20, 1985
Page 9
Upon a motion by Councilman Childs,
of the Council of the City of Bakersfield was
lowing roll call vote:
Resolution No. 173-85
adopted by the fol-
Ayes: Councilmembers Christensen, Dickerson, Moore,
Salvaggio, Smith, Childs
Noes: None
Absent: None
Ratty,
First Reading of an Ordinance of the
Council of the City of Bakersfield
Amending Section 16.32.070 D. of the
Bakersfield Municipal Code relative to
fees for construction of planned drainage
and sanitary sewer facilities pursuant
to adopted plans, and adding reference
to plans for Terrace Way-Hughes Lane
planned sewer area, [avern Avenue planned
sewer area, and Wood Lane planned sewer
area.
Sewer Extension Reimbursement Agreement
with Jim Crowder.
Upon a motion by Councilman Childs, Sewer Extension
Reimbursement Agreement with Jim Crowder was approved and the
Mayor was authorized to execute the Agreement.
Adoption of Resolution No. 174-85 of the
Council of the City of Bakersfield
authorizing Fuel Efficient Traffic Signal
Management Grant Program Application.
Upon a motion by Councilman Ratty, Resolution No. 174-85
of the Council of the City of Bakersfield, was adopted by the fol-
lowing roll call vote:
Ayes: Councilmembers Christensen, Dickerson, Moore,
Salvaggio, Smith, Childs
Noes: None
Absent: None
Ratty,
Pipeline License Agreement between
City of Bakersfield, Superior Oil
Company and Union Oil Company.
the
City Attorney Oberholzer recommended that the Agreement
be approved with the elimination of the last sentence of Paragraph
5 as follows: "Any subsequent relocation of any portion of the
pipelines previously relocated shall be at the expense and cost of
the City." This will be proposed to the oil companies if directed
by the Council.
Upon
Agreement with
approved, and t
the following r
a motion by Councilman Ratty, Pipeline License
Superior Oil Company and Union Oil Company was
he Mayor was authorized to execute the Agreement
oll call vote:
by
Ayes: Councilmembers Christensen, Dickerson, Moore, Ratty,
Sa]vaggio, Smith, Childs
Noes: None
Absent: None
Final Environmental Impact Report for
Garces Traffic Circle Improvement and
Father Garces Statue Relocation.
the
Upon a motion by Councilman Christensen, the
Environmental Impact Report was certified, and a Statement
Overriding Considerations was adopted.
of
Bakersfield, California, November 20, 1985 - Page 10
Request from Public Works Department for
Authorization to proceed with Garces
Traffic Circle Improvement and Statue
Relocation Project.
Upon a motion by Councilman Christensen, staff was
authorized to proceed with the Garces Traffic Circle Improvement
and Statue Relocation Project while a relocation site is being
determined for the Garces Statue.
Authorization to transfer funds from
Council Contingency for purchase of fire
hydrant buries.
Upon a motion by Councilman Dickerson, transfer of
$19,700 from the Council Contingency to the Fire Department budget
for the purchase of fire hydrant buries, was approved by the fol-
lowing roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Christensen, Dickerson, Moore,
Salvaggio, Smith, Childs
None
None
Ratty,
Second-Year Cultural Resources Survey.
Upon a motion by Councilman Ratty, the Second-Year
Cultural Resources Survey was certifed as complete and consistent
with State and Federal requirements, and staff was directed to for-
ward the Historical Preservation Commission's letter on behalf of
the Kern County Adobe Complex to the Board of Supervisors.
CLOSED SESSION
Upon a motion by Councilman Childs, the Council recessed
to a Closed Session at 9:55 p.m. for the purpose of discussions
with City's Labor Negotiator. The regular meeting was reconvened
at 11:10 p.m.
Councilman Moore made a motion to direct the City
Attorney to review and prepare an ordinance that would abolish the
Redevelopment Agency and put the responsibilities of that body on
the Council itself, and have him prepare that for first reading at
the next regular meeting.
Councilman Moore made a motion to direct the City
Attorney to research and make a report back; and if feasible, pre-
pare the documentation. This motion was unanimously approved.
Councilman Christensen made a motion to adjourn the
meeting. This motion was defeated with Councilman Christensen
voting aye.
Upon a motion by Councilman Childs, a Council workshop
was scheduled for December 4, 1985 at 7:00 p.m.
Bakersfield, California, November 20, 1985 - Page 1]
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned to December 4, 1985 at 7:00 p.m.
ATTEST:
MAYOR of the City of Bal('ersfield,
Calif~
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
CW:rg
Bakersf|eld, California, December 4, 1985
Minutes of the adjourned meeting of November 20, 1985,
of the Council of the City of Bakersfield, California, held in the
Council Chambers of City Hall at 7:00 p.m., December 4, 1985.
The meeting was called to order by Mayor Payne, followed
by the Pledge of Allegiance and Invocation by Councilman Moore.
The City Clerk called the roll as follows:
Present:
Mayor Payne.
Councilmembers
Dickerson, Moore, Ratty,
Salvaggio, Smith, Childs,
Christensen
Absent: None
PRESENTATION
Mayor Payne recognized the 78th Birthday of the American
Christmas Seal Campaign originally initiated to raise funds to save a
Tuberculosis Hospital and now is the major source of revenue.
Mayor Payne presented keys to the City to Victor and Shane
Preslar, 1985 Christmas Seal Junior Representatives for the Lung
Association of Kern County.
Mayor Payne made a special presentation to the Executive
Director of the American Lung Association of Kern County, Mrs.
Nancy Strampe, and expressed appreciation for her contribution to
the Lung Association.
Nancy Strampe, Executive Director of the American Lung
Association of Kern County, thanked Mayor Payne, the City Council,
and the Preslar family for their assistance in helping promote
public awareness of the 1985 Christmas Seal Campaign.
WORKSHOP SESSION
PRE-BUDGET SESSION FOR 1986-87
City Manager Caravalho stated that the Pre-Budget ses-
sion is the first step in the budget process and requested Council
bring up for discussion any issues or concerns regarding the
budget, or other policy issues facing the City, at the earliest
possible time. City Manager Caravalho gave an overview of the
budget process.
OPERATION OF THE REDEVELOPMENT AGENCY
Deputy City Manager Strenn made a slide presentation
on the redevelopment process. Approximately 250 cities in
California are involved in redevelopment at this time and have
Redevelopment Agencies.
Councilman Ratty
Attorney, that he will not
redevelopment projects, but
Redevelopment Agency.
stated, upon the advice of the City
participate in any discussions about
will discuss the philosophy of the
Councilman
able as a display of
Agency, and he would
Dickerson suggested that pictures be avail-
the successful projects of the Redevelopment
support allocating the funds for this effort.
RECESS
Mayor Payne declared a recess. The meeting was recon-
vened.
Bakersfield, California, December 4, 1985 Page 2
EXCELLENCE WORKSHOP - ACTION PLAN FOLLOW-UP
City Manager Caravalho stated that the first action plan
developed by the Council deals with formulating plans and esStab-
lishing priorities to keep the public informed. Other action
plans include workshops being held once a month; evaluations made
by the Councilmembers of the Council meetings; and a tracking sys-
tem developed for requests of the Council. There is an ongoing
system for reporting back to the Council on items referred for
review and report from staff.
City Manager Caravalho stated that in the Excellence
Workshop there were a number of action items and one was a
Statement of Philosophy. He reviewed the Statement of Philosophy
and requested the Council review and make any suggestions.
Councilman Ratty made a motion to adopt the Statement of
Philosophy.
Councilman Dickerson made a substitute motion to place
the Statement of Philosophy on the agenda for the Council Meeting
of December 11, 1985. This motion was unanimously approved.
City Manager Caravalho indicated that the City's Chief
Negotiator is not prepared to meet with the Council. He requested
that the Council have a closed session on December 11, 1985, to
deal with personnel matters, meet with the City's Chief
Negotiator, and present the management and supervisory employees'
study.
Councilman Dickerson made a motion to go into closed
session for an update on a litigation matter. This motion was
defeated by the following roll call vote:
Ayes: Councilmembers Dickerson, Childs, Christensen
Noes: Councilembers Moore, Ratty, Salvaggio, Smith
Absent: None
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Childs, the meeting was
adjourned at 9:45 p.m.
MAYOR of the City of B'akersfield, Cal ~.
ATTEST:
CITY CLERK and Ex Officio Clerk of the
of the City of Bakersfield, California
Counci-1
CW:rg
Bakersfield, California, December 11, 1985
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 p.m., December 11, 1985.
by the
Yeary,
The meeting was called to order by Mayor Payne, followed
Pledge of Allegiance and Invocation by Reverend Steve
of First Assembly of God Church.
Deputy City Clerk Gafford called the roll as follows:
Present:
Mayor Payne.
Councilmembers Moore, Ratty, Salvaggio,
Smith, Childs, Christensen
Dickerson
Absent: None
MINUTES
Upon a motion by Councilman Moore,
regular meetings of November 13, and November
approved as presented.
the minutes of the
20, 1985 were
SCHEDULED PUBLIC STATEMENTS
Paul Edgren, of Newport Federal, stated in June 1985, the
City approved an Inducement Resolution in which the legal adver-
tisement of a Tax Equity and Fiscal Responsibility Act of 1982
(TEFRA) requirement 14 days prior to the hearing for Industrial
Development Bonds was not met. Due to the Tax Reform Act, the pro-
ject could be in jeopardy, and he therefore requested the Council
call a Special Meeting for December 27, 1985, to meet the require-
ments.
Upon a motion by Councilman Ratty, a Special Meeting of
the Council was set for December 27, 1985, at 12:00 p.m. for
the purpose of holding a public hearing to comply with TEFRA
requirements for Industrial Development Bonds for Heritage
Convalescent Hospital.
Fred Hougardy spoke during Council Statements on Page 2.
CORRESPONDENCE
Upon a motion by Councilman Moore, communication from
North of the River Sanitary District No. 1, North of the River
Municipal Water District, Vaughn Water Company, Inc., and Floyd
Parsons, dated November 21, 1985, giving notice of Commencing an
Action Challenging the Propriety of the Approving and Adopting a
Negative Declaration for the Project sometimes entitled "Rancho
Laborde Annexation", was received and referred to the City
Attorney.
Upon a motion by Councilman Christensen, communication
from State of California, Department of Transportation, P.O. Box
12616, Fresno, dated November 22, 1985, regarding Modification of
the Route 99/California Avenue Interchange, was received and
referred to Public Works.
Upon a motion by Councilman Ratty, communication from
Homestead Land Development Corporation, 110 South Montclair
Street, Suite 105, dated December 2, 1985, and Charlotte Priest
Johnston and George F. Priest, dated December 3, 1985, requesting
annexation of approximately 40 acres at the northeast corner of
Panama Lane and Monitor Street, was received and referred to
Planning Department.
Upon a motion by Councilman Moore, communication from
Property Management Department, County of Kern, 1430 Truxtun
Avenue, Suite 501, dated December 5, 1985, giving notice of termi-
nation of the March 2, 1983, Lease of 1611 "S" Street, was received
and referred to the Finance Department.
Bakersfie]d, California, December 11, 1985 Page 2
Upon a motion by Councilwoman Smith, communication
from Pauline Larwood, Supervisor, Third Supervisorial District,
dated December 9, 1985, expressing appreciation to the City for
its cooperation in cleaning up the access road and private prop-
erty where illegal dumping had taken place, was received and
referred to staff.
Mayor Payne read correspondence received from James A.
Camp, P.O. Bin U, Shafter, dated December 6, 1985, notifying
Council of his resignation from the Planning Commission, and
thanking Councilmembers and staff for their support.
COUNCIL STATEMENTS
Councilman Christensen thanked Mayor Payne for the City
of Bakersfield lapel pins which were given to Councilmembers.
Councilwoman Smith expressed appreciation for the warm
welcome she has received from Councilmembers and staff.
Councilman Dickerson stated that he would like to have a
special meeting of the Council held at Sandrini School within the
next two months to get the community involved and participating in
the Council meetings
Councilman Dickerson announced that he will be insti-
tuting, on a weekly basis, a time when the public can come to City
Hall and meet with him without an appointment. The City Clerk
will post the hours.
Councilman Salvaggio stated, for the record, that when
he was campaigning he indicated that the City shouldn't be in the
Airport business, but since the City is committed to the Airpark,
he will work to make sure it is a success.
Councilman Salvaggio stated that at a Redevelopment
Agency meeting, he indicated that the Council might consider
returning the Redevelopment Agency back to private citizens. He
reiterated that the Council should look at this effort very
seriously. It would depoliticize the Redevelopment Agency and
involve more people from the community.
Mayor Payne presented a proclamation declaring December
15-21, 1985 as Drunk and Drunk Driving Awareness Week in Bakersfiel.~.
Mayor Payne recognized Fred Hougardy and allowed him
to address the Council.
Fred Hougardy, Executive Director of the Bakersfield
Association for Retarded Citizens (BARC), stated that the Ordinance
restricting glass beverage containers in parks poses some problems
by punishing the law-abiding majority for the anti-social behavior
of some individuals. He requested that the Council consider
referring the ordinance to staff in order to set up a program to
target the affected areas in order to get the bottles out of the
parks.
Deferral of an Ordinance of the Council
of the City of Bakersfield adding Section
12.56.050 M. and amending Section
12.56.260 of the Bakersfield Municipal
Code relative to prohibited acts in parks
and the punishment therefor.
Councilman Ratty made a motion to defer the Ordinance
restricting glass beverage containers to the Urban Development
Committee to discuss BARC's programs and problems of the beverage
industry, and to return to Council on January 8, 1986.
Bakersfield, California, December 11, 1985 - Page 3
Councilman Dickerson made a substitute motion to refer
the Ordinance restricting glass beverage containers to the
Auditorium and Community Services Committee and return to Council
on January 8, 1986. This motion was defeated with Councilman
Salvaggio abstaining.
Councilman Ratty's motion to defer the Ordinance
restricting glass beverage containers to the Urban Development
Committee to discuss BARC's programs and the problems of the
beverage industry, and to return to Council on January 8, 1986,
was approved with Councilmen Salvaggio and Dickerson abstaining.
Upon a motion by Councilman Moore, the matter of Warner
Amex submitting notice of change in ownership was referred to the
Budget and Finance Committee for review and recommendation.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
Approval of Warrant Nos. 2989 to 3312 inclu-
sive, in the amount of $2,801,187.42.
Claim for Damages from Pedro Alvarez Madero,
1405 Flower Street, Apt. A, Bakersfield.
(Refer to City Attorney)
Claim for Damages from Edna P. Patterson, 1304
East 19th Street, Bakersfield. (Refer to City
Attorney)
Claim for Damages from Security Pacific
National Bank, 2130 Chester Avenue,
Bakersfield. (Refer to City Attorney)
Claim for Damages from William
Route 6, Box 549F, Muller Road,
(Refer to City Attorney)
P. Kemper,
Bakersfield.
Claim for Damages and Personal Injuries from
Arlene Bryan, 1773 Landana Drive, Concord.
(Refer to City Attorney)
g. Claim for Damages from David C. Yost, 3633
Manchester, Pleasanton. (Refer to City
Attorney)
Claim for Damages from Connie L. Maranda, 2731
Bernard Street, Apt. 13, Bakersfield. (Refer
to City Attorney)
Exclusive Right-of-Way Easement granted by the
City to Pacific Bell for the construction and
installation of communication facilities to be
located in the genera] vicinity of Mohawk
Avenue and the Carrier Canal.
j. Dedication of Property:
Line of Sight Easement and Sewer Line
Easement from Tenneco Realty Development
Company located south of Truxtun Avenue
between Truxtun Plaza and Truxtun Plaza
West.
Temporary Turnaround Easement and Grant
Deed from Tenneco Realty Development
Company located west of Gosford Road and
south of Westwold Drive.
Bakersfield, California, December 11, 1985 Page 4
f, g, h,
approved
Ayes:
Noes:
Absent:
Street Right-of-Way Deed from Panama
Union School District as required for the
improvements of Alum Avenue and Dovewood
Street.
k. Maps and Improvement Agreements:
Final Map for Tract 4764, with Robert J.
Matsumoto, for 93 lots on 10.26 acres located
between Mohawk Street and Lennox Avenue and
west of California Avenue.
Improvement Agreement with Community
Construction, Inc., for the construction
of a drainage retention basin within the
Tevis Ranch area located west of Old
River Road and south of White Lane.
Applications for Encroachment Permits from the
following:
John's Sheetmetal, 985 East Truxtun
Avenue, Bakersfield, for the construction
of a 6-foot high fence behind'the side-
walk on the north side of 18th Street at
985 East Truxtun Avenue.
San Joaquin Community Hospital, 2615 Eye
Street, Bakersfield, for construction of
concrete pier foundations for a parking
structure, which would extend 12 inches
into the right-of-way, below ground
level, on the south side of 28th Street
between Eye Street and the alley to the
east (1500 block of 28th Street).
Approval of Plans and Specifications for the
following:
Installation of new traffic signals and
street channelization at the intersection
of Auburn Street and Columbus Street.
Installation of new traffic signals at
the intersection of Gosford Road and
Westwold Drive·
Repair of Primary Digestor No. 1 at
Wastewater Treatment Plant No. 2, which
includes repairing digester walls and
painting the digester.
Pipeline License Agreement with Atchison,
Topeka and Santa Fe Railway Company for a
sewer pipe line.
Upon a motion by Councilman Childs, Items a, b, c,
i, j, k, ], m, and n of the Consent Calendar, were
by the following roll call vote:
d~ et
Councilmembers Moore, Ratty, Salvaggio,
Christensen, Dickerson
None
None
Smith, Childs,
Bakersfield, California, December 11, 1985 Page 5
ACTION ON BIDS
Upon a motion by Councilman Dickerson, low bid from
Paxin Electric, Inc., in the amount of $55,647.00, for traffic
signal modifications on South "H" Street and White Lane, was
accepted, aI1 other bids rejected, and the Mayor was authorized
execute the contract.
to
Upon a motion by Councilman Childs, low bid from Hopper,
Inc., in the amount of $2,860.13, for annual contract for welding
supplies, was accepted, the other bid rejected, and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Moore, usual bidding
requirements were dispensed with, in accordance with Section
3.20.060 of the Municipal Code, and the Finance Director was
authorized to negotiate a price with Motorola Communications to
purchase Motorola Radios for Police Department, not to exceed
$11,000.00
Councilman Childs requested a workshop be held for the
Council to discuss the bidding process.
DEFERRED BUSINESS
Adoption of Ordinance No. 3010 New Series
of the Council of the City of Bakersfield
Amending Section 16.32.070 D. of the
Bakersfield Municipal Code relative to
fees for construction of planned drainage
and sanitary sewer facilities pursuant to
adopted plans, and adding reference to
plans for Terrace Way-Hughes Lane planned
sewer area, Lavern Avenue planned sewer
area, and Wood Lane planned sewer area.
This Ordinance was given first reading at the meeting of
November 20, 1985.
Upon a motion by Councilman Christensen, Ordinance No.
3010 New Series of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Moore, Ratty, Salvaggio,
Christensen, Dickerson
Noes: None
Absent: None
Smith, Childs,
Deferral of an Ordinance of the Council
of the City of Bakersfield adding Section
12.56.050 M. and amending Section
12.56.260 of the Bakersfield Municipal
Code relative to prohibited acts in parks
and the punishment therefor.
This Ordinance was given first reading at the meeting of
November 20, 1985.
This Ordinance was deferred to the Urban Development
Committee to consider Bakersfield Association of Retarded Citizens'
programs and problems of the beverage industry, with a report back
on January 8, 1985. (See Page 2)
Statement of City Philosophy.
This item was deferred from the Council Meeting of
December 4, 1985.
Upon a motion by Councilman Ratty, the Statement of City
Philosophy was unanimously approved.
Bakersfield, California, December 11, 1985 Page 6
31.
HEARINGS
This is the time set for public hearing
before the Council on Resolution of
Intention No. 993 of the Council of the
City of Bakersfield declaring its inten-
tion to abandon a 50-Foot portion of ded-
icated vehicular access rights on the
south side of White Lane, westerly of
Ashe Road, in the City of Bakersfield.
The property notice was not posted in sufficient time
for the hearing, and it is, therefore, recommended this hearing
continued to December 18, 1985.
be
Upon a motion by Councilman Ratty, the hearing on
Resolution of Intention No. 993 was continued to December 18,
1985, by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Moore, Ratty, Salvaggio,
Christensen, Dickerson
None
None
Smith, Childs,
NEW BUSINESS
Adoption of Resolution No. 175-85 of the
Council of the City of Bakersfield
determining and certifying to Council of
Kern Auditor-Controller amount of can-
cellation fee landowner must pay County
Treasurer as deferred taxes upon cancel-
lation of Land Use Contract under
Williamson Act.
This
Williamson Act
certify as to
Resolution must be adopted prior to approving a
contract cancellation, since the cancellation must
the amount of the cancellation fee.
RECESS
Upon request of Councilman Dickerson, the meeting was
recessed at 7:52 p.m. The meeting was reconvened at 8:00 p.m.
Upon a motion by Councilman Dickerson, Resolution No.
175-85 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes:
Noes:
Abstaining:
Councilmembers Moore, Ratty, Salvaggio, Smith,
Childs, Dickerson
None
Councilmember Christensen
HEARINGS CONTINUED
This is the time set for public hearing
before the Council on the matter of the
petition filed by John M. Antongiovanni,
et. at., for cancellation of a Land Use
Contract contract which was entered into
between the petitioners and the County of
Kern on February 28, 1969.
Mayor Payne declared the hearing open for public par-
ticipation. No protests or objections being received, and no one
wishing to speak in favor, the public portion of the hearing was
closed for Council deliberation and action.
Bakersfield,
California,
December 11, 1985 - Page 7
Upon a motion by Councilman Dickerson, Resolution No.
176-85 of the Council of the City of Bakersfield Giving Tentative
approval to Petition for Cancellation of Land Use Contract Under
Williamson Act, was adopted by the following roll call vote:
Ayes: Councilmembers Moore, Ratty, Salvaggio,
Christensen, Dickerson
Noes: None
Absent: None
Smith, Childs,
This is the time set for public hearing
before the City Council regarding the
refinancing of the acquisition, construc-
tion and equipping of a nursing home
facility (California Convalescent
Hospital Project), to be located at 2251
Mount Vernon Avenue, Bakersfield,
California.
Last year the City of Bakersfield authorized the issu-
ance of approximately $4.5 million worth of revenue bonds to the
Penstar Corporation for use in a convalescent hospital project.
The Penstar Corporation now desires to pay off the previous bond
issue through funding of a new bond issue in the amount of $4.9
million. The unstated, but apparent, reason for this request is
to obtain lower interest rates on bonds which are now being
issued.
Mayor Payne declared the hearing open for public par-
ticipation.
Jim Lanehe, representing the law firm of Connor,
Cavanagh, Anderson, Westover, Killingsworth & Beshears, of
Pheonix, Arizona, stated that the firm has been asked to act as
bond counsel in connection with the California Convalescent
Hospital.
No protests or objections being received, and no one
else wishing to speak in favor, the public portion of the hearing
was closed for Council deliberation and action.
City Attorney Oberholzer recommended that the motion
include that it be conditional upon the allocation of $4.9 million
coming from the State's residue.
Councilman Moore made a motion to adopt Resolution No.
177-85 of the Council of the City of Bakersfie]d, California
Authorizing the Issuance and Sale of Economic Development Revenue
Bonds (California Convalescent Hospital Project), Series 1985 in
the Principal Amount of $4,900,000; Authorizing the Execution and
Delivery of a Loan Agreement, an Indenture of Trust, a
Construction Deed of Trust, Assignment of Rents and Security
Agreement and Other Documents Required in Connection therewith;
and Authorizing the Taking of all Other Actions and the Execution
of all Other Documents Necessary for the Consummation of the
Transactions Contemplated by this Resolution and that there be a
fee provided to the City for their services in the amount of
$20,000 and be conditional upon allocation of $4.9 million from
State residue via City allocation.
Mr. Lanehe stated that the bond issue is being used to
refund the bond issue which was undertaken last year. The only
new money being financed is $400,000, and therefore requested that
the fee to the City be $5,000.
Bakersfield, California, December 11, 1985 Page 8
Councilman Moore amended his motion to adopt Resolution
No. 177-85 of the Council of the City of Bakersfield, California
Authorizing the Issuance and Sale of Economic Development Revenue
Bonds (California Convalescent Hospital Project), Series 1985 in
the Principal Amount of $4,900,000; Authorizing the Execution and
Delivery of a Loan Agreement, an Indenture of Trust, a
Construction Deed of Trust, Assignment of Rents and Security
Agreement and Other Documents Required in Connection therewith;
and Authorizing the Taking of all Other Actions and the Execution
of all Other Documents Necessary for the Consummation of the
Transactions Contemplated by this Resolution and that there be a
fee provided to the City for services of Conner, Cavanagh,
Anderson, Westover, Killingsworth & Beshears, in the amount of
$5,000 and be conditional upon allocation of $4.9 million from
State residue via City allocation. This motion was approved by
the following roll call vote:
Ayes: Councilmembers Moore, Ratty, Sa]vaggio,
Christensen, Dickerson
Noes: None
Absent: None
Smith, Childs,
Upon a motion by Councilman Dickerson, the matter
regarding the petition filed by John M. Antongiovanni, et.al.,
cancellation of a Land Use Contract, was reconsidered.
for
RECESS
Upon request of Councilman Dickerson, the meeting was
recessed at 8:17 p.m. The meeting was reconvened at 8:19 p.m.
Councilman Dickerson clarified that the Land Use
Contract between John M. Antongiovanni, et. al., and the County of
Kern was entered into on February 28, 1978 and not February 28,
1969.
NEW BUSINESS CONTINUED
First Reading of an Ordinance of the
Council of the City of Bakersfield amend-
ing Title Seventeen of the Bakersfield
Municipal Code by changing the Land Use
Zoning of those certain properties in the
City of Bakersfield located on the west
side of Saddle Drive, 1,400 feet south of
Fraser Road (White Lane).
Adoption of Resolution of Intention No.
994 of the Council of the City of
Bakersfield declaring its intention to
order the vacation of a portion of the
west four feet of Eye Street between 25th
and 26th Streets.
This Resolution of Intention sets the date of hearing
for January 8, 1986.
Upon a motion by Councilman Childs, Resolution of
Intention No. 994 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Moore, Ratty, Salvaggio,
Christensen, Dickerson
Noes: None
Absent: None
Smith, Childs,
Bakersfield, California, December 11, 1985 - Page 9
Resolution of Intention No. 995 of the
Council of the City of Bakersfield
declaring its intention to order the
vacation of a portion of Gulf Street be-
tween Pierce Road and State Route 99 in
the City of Bakersfield.
This Resolution of Intention sets the date of hearing
for January 8, 1986.
Upon a motion by Councilman Christensen, Resolution of
Intention No. 995 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Moore, Ratty, Salvaggio, Smith,
Christensen, Dickerson
Noes: None
Absent: None
Childs,
Resolution of Intention No. 996 of the
Council of the City of Bakersfield
declaring its intention to order the
vacation of a portion of a public ease-
ment south of Wilson Road and east of New
Stine Road in the City of Bakersfield.
This Resolution of Intention sets the date of hearing
for January 8, 1986.
Upon a motion by Councilman Dickerson, Resolution of
Intention No. 996 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Moore, Ratty, Salvaggio,
Christensen, Dickerson
Noes: None
Absent: None
Smith, Childs,
Resolution of Intention No. 997 of the
Council of the City of Bakersfield
declaring its intention to order the
vacation of "R" Street between Blocks 305
and 306 from Truxtun Avenue to 16th
Street and the alley within Blocks 305
and 306 in the City of Bakersfield.
This Resolution of Intention sets the date of hearing
for January 8, 1986.
Upon a motion by Councilman Dickerson, Resolution of
Intention No. 997 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Moore, Ratty, Salvaggio, Smith,
Christensen, Dickerson
Noes: None
Absent: None
Childs,
Adoption of Resolution No. 178-85 of the
Council of the City of Bakersfield fixing
the dates of meetings of the Council dur-
ing the months of January, February,
March, April, May and June, 1986.
Councilman Christensen made a motion to adopt Resolution
No. 178-85 of the Council of the City of Bakersfield.
Councilman Dickerson suggested that the Council pick one
meeting date to hold a Council Meeting in the southwest.
Bakersfield, California, December 11, 1985 - Page 10
Councilman Christensen called for the question which was
unanimously approved.
Councilman Christensen's motion to adopt Resolution No.
178-85 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes: Councilmembers Moore, Ratty, Salvaggio, Smith,
Christensen, Dickerson
Noes: None
Absent: None
Childs,
Adoption of Resolution No. 179-85 of the
Council of the City of Bakersfield amend-
ing the boundaries of the Ashe Water
Service Area.
Upon a motion by Councilman Moore, Resolution No. 179-85
of the Council of the City of Bakersfield was adopted by the fol-
lowing roll call vote:
Ayes: Councilmembers
Noes: None
Absent: None
Moore, Ratty, Salvaggio,
Christensen, Dickerson
Smith, Childs,
Adoption of Resolution No. 180-85 of the
Council of the City of Bakersfield adopt-
ing an Investment Policy.
Upon a motion by Councilman Ratty, Resolution No. 180-85
of the Council of the City of Bakersfield was adopted by the fol-
lowing roll call vote:
Ayes: Councilmembers Moore, Ratty, Salvaggio,
Christensen, Dickerson
Noes: None
Absent: None
Smith, Childs.
Adoption of Resolution No. 181-85 of
Council of the City of Bakersfield
authorizing investment of City of
Bakersfield monies in Local Agency
Investment Fund (LAIF).
the
Upon a motion by Councilman Ratty, Resolution No. 181-85
of the Council of the City of Bakersfield was adopted by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Moore, Ratty, Salvaggio,
Christensen, Dickerson
None
None
Smith, Childs,
A Resolution of the Council of the City
of Bakersfield designating a City con-
suitant as the authorized City represen-
tative to examine sales and use tax
records.
Upon a motion by Councilman Childs, Resolution of the
Council of the City of Bakersfield designating a City consultant
as the authorized City representative to examine sales and use tax
records, was referred to the Budget and Finance Committee for
additional review.
Bakersfield, California, December 11, 1985
Page 11
Approval of lease of property located at
720 Lakeview Avenue.
Mr. L. E. Edwards requests a month-to-month
agreement for property located at 720 Lakeview Avenue
record store and thrift store.
lease
for use as
a
Upon a motion by Councilman Childs, the lease agreement
for property located at 720 Lakeview Avenue was unanimously
approved, and the Mayor was authorized to execute the contract.
Covenant to Make Street Improvements and
Lien Contract Parcel 3, Parcel Map
Waiver No. 56-85.
Upon a motion by Councilman Ratty, the Covenant to make
Street Improvements and Lien Contract - Parcel 3, Parcel Map
Waiver No. 56-85 was approved, and the Mayor was authorized to
execute the contract by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Moore, Ratty, Salvaggio, Smith,
Christensen, Dickerson
None
None
Childs,
Covenant to Make Street Improvements
Lien Contract - Parcel 4, Parcel Map
Waiver No. 56-85.
and
Upon a motion by Councilman Moore, Covenant to make
Street Improvements and Lien Contract Parcel 4, Parcel Map
Waiver No. 56-85, was approved, and the Mayor was authorized to
execute the contract by the following roll call vote:
Ayes: Councilmembers Moore, Ratty, Salvaggio,
Christensen, Dickerson
Noes: None
Absent: None
Smith, Childs,
Bakersfield Airpark Commercial Lease with
Valley Propeller Service, Inc.
Upon a motion by Councilman Childs, Bakersfield Airpark
Commercial Lease with Valley Propeller Service, Inc., was unani-
mously approved, and the Mayor was authorized to execute the
lease.
Contract between City and Envicom for
update of 2010 General Plan.
Council selected Envicom at the September 11, 1985 meet-
ing to do the General Plan Update.
Upon a motion by Councilman Ratty, contract with
Envicom for 2010 General Plan Update was unanimously approved,
the Mayor was authorized to execute the contract.
and
Amendment to Agreement 85-128 with John
Enriquez Construction.
Agreement No. 85-128, approved by Council on June 12,
1985, provided Enriquez Construction six months to complete five
single-family units in Census Tract 22.
Agreement
approved,
Upon a motion by Councilman Childs, amendment to
85-128, with John Enriquez Construction, was unanimously
and the Mayor was authorized to execute the agreement.
Bakersfield,
California, December 11, 1985 - Page 12
Request for Use of Street Permit from
Western Geophysical to perform geophy-
sical surveys along City streets.
Upon a motion by Councilman Christensen, the request for
Use of Street Permit from Western Geophysical to perform geophysi-
cal surveys along City streets, was unanimously approved.
CLOSED SESSION
Upon a motion by Councilman Christensen, the Council
recessed to a Closed Session at 8:55 p.m, pursuant to Government
Code Section 54956.9, for the purpose of discussing salaries with
the City Negotiator and update on litigation with North of the
River and City of Bakersfield.
A motion was made to allow the City Attorney to provide
services to the City of Porterville on a personnel matter. This
motion was approved with Councilmen Christensen and Salvaggio
abstaining.
ADJOURNMENT
There being no
Council, upon a motion by
adjourned at 10:32 p.m.
further business to come
Councilman Christensen,
before the
the meeting was
ATTEST:
MAYOR of the City (~-~kkersfi~ld, Calif.
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
rg
3?
Bakersfield, California, December 18, 1985
Minutes of a regular meeting of the Council of the City
of Bakersfield, California held in the Council Chambers of City
Hall at 7:00 p.m., December 18, 1985.
The meeting was called to order by Mayor Payne,
by the Pledge of Allegiance and Invocation by Councilman
Dickerson.
followed
The City Clerk called the roll as follows:
Present: Mayor Payne.
Absent: None
Councilmembers
Ratty, Salvaggio, Smith,
Childs, Christensen,
Dickerson, Moore
MINUTES
Upon a motion by Councilman Moore, minutes of the
adjourned meeting of December 4, 1985 were approved as presented.
Mayor Payne advised that the Council has determined the
Scheduled Public Statements regarding the Garces Circle would be
more appropriately heard during the discussion and consideration
of the Final Environmental Impact Report for the Garces Traffic
Circle Improvement and Father Garces Statue Relocation.
PRESENTATIONS
Mayor Payne presented a Key to the City to Charles
Klassen and expressed appreciation for the years of service and
commitment to making Bakersfield a better place to live.
SCHEDULED PUBLIC STATEMENTS
Bill McClure,
date for a modification
Mirada Inn.
6216 Cottonwood Lane,
of the sign ordinance
requested a hearing
requested by the Rio
Councilman Ratty requested that Deputy City Manager
Strenn speed up the process with the Planning Commission for the
Freeway Overlay Zone.
Upon a motion by Councilman Dickerson, the following New
Business item was moved forward on the agenda to be considered at
this time.
NEW BUSINESS
Final Environmental Impact Report for the
Garces Traffic Circle Improvement and
Father Garces Statue Relocation.
Patrick Ryan,
1531 30th Street, spoke
Traffic Circle.
Owner of Bakersfield Motorcycle Supplies,
in opposition to removing the Garces
Rod Hechison, Owner of Midus Muffler Service, stated
that no liabilities will be saved with the modification of the
Circle, and with more policing, the City can control the existing
Circle.
Chris Brewer, Historic Preservation Consultant, produced
the EIR for the Garces Circle, and stated that because the con-
sultants were restricted in their scope of study and limited to 3
predetermined options by staff, there was very little emphasis on
circle retention. He further stated the Chester Avenue Specific
Plan and the 178 Specific Plan need to be addressed prior to the
traffic circle decision, and the overriding considerations shown
to be necessary are not proven in the Environmental Impact Report.
Bakersfield, California, December 18, 1985 - Page 2
32 '
Bill Tuculet, Historical Preservation Commission, 4130
Ardmore Avenue, provided a brief background on the report from the
Historical Preservation Commission, and spoke in support of
retaining the Garces Traffic Circle and Father Garces Statue.
Lawton Powers, 1800 30th Street, spoke concerning the
realignment of Chester Avenue at the Circle and requested to meet
with staff to consider his business being cut off from 30th
Street at Chester.
Upon a motion by Councilman Dickerson, Richard Monje was
allowed to address the Council.
Richard Monje, Chairman of the Historic Preservation
Commission, spoke in support of the Environmental Impact Report
and requested the Council not adopt the Overriding considerations,
but direct staff to look at the other cities which have traffic circles.
Councilman Moore made a motion to certify the
Environmental Impact Report and adopt the Overriding Considerations.
RECESS
Upon request of Councilman Dickerson, the meeting was
recessed at 8:10 p.m. The meeting was reconvened at 8:17 p.m.
Councilman Dickerson made a substitute motion to proceed
with keeping and maintaining the Circle but modifying it or chang-
ing it with regard to adding signage or design to provide the
safest possible historical, beneficial area to the City.
City Attorney Oberholzer suggested that action should be
taken on the EIR, which is the matter before the Council; not the
project.
Councilman Christensen called for the question which was
defeated.
Upon a motion by Councilman Dickerson, Richard Monje was
allowed to address the Council.
Richard Monje recommended that the Council certify the
EIR and direct staff to come up with a plan of striping, signage or
other measures to take care of the traffic problems.
Councilman Dickerson requested the Mayor restate the
motion.
Mayor Payne stated that Councilman Dickersoh's substitute
motion is to certify the EIR and proceed with circle retention
with staff being directed to make specific modifications.
Councilman Dickerson stated that the substitute motion as
restated by Mayor Payne, was correct.
Councilman Ratty questioned the motion to be acted upon.
Mayor Payne indicated the motion to be acted upon is to
certify the EIR and direct staff to take specific steps to correct
the signage and striping at the Circle.
Councilman Dickerson called for the question which was
unanimously approved.
Bakersfield, California, December 18, 1985 Page 3
Councilman Diekerson's substitute motion to certify the
Environmental Impact Report for the Garces Traffic Circle
Improvement and Father Garces Statue Relocation, and proceed with
circle retention with staff being directed to make specific modifi-
cations to the Circle, was approved by the following roll call vote:
Ayes: Councilmembers Salvaggio, Christensen,
Noes: Councilmembers Ratty, Childs, Moore
Absent: None
Dickerson, Smith
COUNCIL STATEMENTS
Councilman Moore congratulated Ray Dezember for being
elected the President of Mid State Development Corporation which
has supported $9 million in projects and created 173 new jobs.
Councilman Dickerson made a motion to have a workshop
session on signalization and also deal specifically with Ming
Avenue and the problems around Valley Plaza and Wible Road. This
motion was unanimously approved.
Councilman Childs directed staff to look into the street
sweeping of East Belie Terrace near Houchin Road and report back.
Councilman Dickerson suggested Council review the street
sweeping activities for the City because the areas considered
under annexation could be provided with street sweeping services.
REPORTS
Councilwoman Smith read Report No.
Auditorium and Community Services Committee,
Auditorium Concession Prices, as follows:
9-85 from the
regarding Civic
This committee has met with Mr. August Speath, conces-
sionaire at the Civic Auditorium, to discuss increases
in prices at the concession stands (see attachment #1).
Mr. Speath indicated that it had been over two years
since the prices had been increased and that a 30%
increase in insurance costs and the City's 39% of pro-
ceeds and backpayments of possessory taxes have necessi-
tated his request for an increase. The committee noted
that the last increase was effective May 1, 1982.
The committee has met with staff, including the
Auditorium Manager, and reviewed information on conces-
sion prices at similar facilities. We have also taken
into consideration the recommendations of the Citizen's
Auditorium Committee.
Pursuant to our study, this committee suggested various
concession prices we felt to be more appropriate and
discussed these with the concessionaire. Mr. Speath
reviewed the suggested prices and concurs with our
recommendation.
Therefore, this committee recommends that the City
Council authorize the suggested price increase to be
effective January 1, 1986.
Upon a motion by Councilwoman Smith, Report No. 9-85
from the Auditorium and Community Services Committee, regarding
Civic Auditorium Concession Prices, was accepted and the recommen-
dations implemented.
Bakersfield, California, December 18, 1985 Page 4
Councilman Christensen, Chairman of
Community Services Committee, read Report No.
Management of the Cunningham Art Gallery, as
the Auditorium and
10-85, regarding
follows:
On May 30, 1985, the City Council deferred the
recommended changes in the rules and regulations for the
Bakersfield Art Commission until such time that the con-
suitant hired by the Bakersfield Art Association had
finished his report. This report, which was prepared by
Baily Consulting Associates, was completed and referred
by the City Council to this committee for review.
During the period of time since this report was referred
to this committee, several additional things have
occurred which impacted this committee's recommendation.
First, Agreement No. 76-133 which establishes the
authority of the Bakersfield Art Commission terminated
effective June 28, 1985. Second, the County of Kern
terminated its participation in the Bakersfield Art
Commission effective October 8, 1985.
This committee and staff have reviewed the recommenda-
tions of the Baily report, met with the interested par-
ties and reviewed correspondence pertaining to this
matter. As recommended in the Bally report, representa-
tives of the Bakersfield Art Association have proposed
the establishment of a non-profit corporation, governed
by a community board of trustees, to administer the
Cunningham Art Gallery.
Their recommendation is that the board of trustees con-
sist of no less than 15 voting members and that one
should be a member of the Bakersfield Art Association.
This board would be approved by both the Art Association
and the City Council, and subsequently elected by the
board of trustees itself to terms no longer than three
consecutive years. The board would be responsible for
all policy setting, financing and staffing of the
Cunningham Art Gallery. This new non-profit corporation
would enter into an agreement with the Bakersfield Art
Association, securing and defining its position and rela-
tionship to the Cunningham Art Gallery. The City would
continue to maintain the building, grounds and improve-
ments to the Cunningham Art Gallery. Also, this
board of trustees would, in accordance with City
Ordinance 1034 establishing a municipal art museum, be
designated by the City to manage, operate and regulate
the Art Gallery under the terms and conditions of the
foregoing ordinance.
The committee has reviewed this proposal and generally
agrees with the changes in management for the Cunningham
Art Gallery proposed by the Art Association. The com-
mittee also feels it is important to protect the inter-
ests of the City regarding this proposed change in
management.
Therefore, this committee recommends that their proposal
for the management of the Cunningham Art Gallery be
implemented with the following additional
considerations:
1. That City staff will negotiate a lease agreement
with the new non-profit corporation upon its formation
for the purpose of operating and managing the Cunningham
Art Gallery subject to approval by the City Council.
2. That a representative from the Bakersfield Art
Association be involved in the preparation of the lease
agreement with the new non-profit corporation for the
management of the Gallery.
Bakersfield, California, December 18, 1985 - Page 5
3. That the City Manager or his representative be
appointed as a permanent voting member of the board of
trustees of the new non-profit corporation.
4. That the City will determine the level of service
and frequency of maintenance of the building, grounds
and improvements at the Gallery and any increase in
maintenance costs must be by agreement with the City.
5. That the new non-profit corporation will enter into
an agreement with the Bakersfield Art Association that
will insure their continued use and involvement in the
operation of the Cunningham Art Gallery.
6. That the City Council formally dissolve the
Bakersfield Art Commission.
Upon a motion by Councilman Christensen, Report No.
10-85 from the Auditorium and Community Services Committee,
regarding Management of the Cunningham Art Gallery, was accepted
and implemented.
Deputy City Manager Strenn made an oral presentation on
Report No. 11-85, Progress Report on Development of Bakersfield
Airpark. No action was taken by the Council on this report.
Since approval by City Council and subsequent acquisi-
tion of the Bakersfield Airpark in July of this year, a
substantial effort has been made to improve the physical
appearance of the facility as well as correct health and
safety related deficiencies. Any progress report must
be prefaced by a clear indication that in the attempts
to improve the facility it was necessary to address a
situation created by many years of deferred maintenance
and "make shift" improvements and/or repairs. It was
also a facility that was operated without any formal
management policies or practices, and the tenants had
great latitude in their permitted activities.
Since the City took title to the property, staff has
completed extensive landscaping including the trimming
of all trees and shrubs and the removal of unsightly and
dead shrubs and bushes. To facilitate easier main-
tenance, an automatic watering system was installed for
the majority of the perimeter bushes (Oleanders).
All of the buildings whose exterior surfaces didn't
require special treatment were painted using the chosen
Airpark colors. A new sign was installed introducing
the Airpark's new logo, as well as informing the public
of the businesses located at the Airpark. This sign was
erected in combination with new and/or relocated light-
ing for the parking area greatly improving safety and
visibility.
A substantial amount of electrical work was completed in
order to eliminate code violations or reduce operating
cost in the form of utility expenses. Also, consider-
able effort was expanded in making all aspects of the
landing and safety lighting system operational.
Grading and weed control activities have substantially
altered the appearance of the open space which is desig-
nated for development as part of the Airpark expansion
program. This also provided the necessary surface for
the installation of perimeter fencing to improve security
and reduce the possibility of accidents.
In recent weeks, an effort has been initiated to patch
the blacktop where necessary in order to extend the use-
ful life of those areas for an additional period until
construction of new facilities is completed.
Bakersfield, California, December 18, 1985 Page 6
The efforts and cooperation of many City departments
has resulted in an attractive, functional facility in
which the City can take pride. It is a highly visible
indication of the City's commitment to aid in the eco-
nomic expansion of the southeast, as well as provide
support for an important portion of the metropolitan
Bakersfield's overall transportation system.
In addition to the aforementioned physical improvements,
administrative deficiencies have also been addressed. A
census was taken of all hanger and tie-down customers,
which was subsequently resolved into a coherent informa-
tion package from which to retrieve critical data. The
same procedure was applied to all Fixed Based Operators
at the Airpark.
Preliminary Codes of Conduct were established with the
assistance of a volunteer group of pilots and other
tenants. From these codes the basic Rules and
Regulations will be developed as described in the
Federal Code of Regulations (CF~'s) and required by the
State Division of Aeronautics.
Essential Management practices have been established as
well. These practices will become part of the Airport
Operations Manual; which in most instances will meet
Part 139 standards of the Federal Regulations. Such
standards are in excess of the basic requirements for
the Bakersfield Airpark.
Regarding the planned improvements and the financing of
the same through FAA funding, Phase I of the overall
plan for expansion and development has been completed as
of this date. This first phase, which represents $2
million of Federal (FAA) funding and a $222,000 low
interest loan from the State consisted of acquisition of
the existing facility. The Phase II application has
been submitted with an outline of proposed activities.
Those activities include:
Reimbursement to the City for the balance of existing
facility acquisition costs (Phase I costs)
Acquisition of three (3) parcels for future expansion of
the Airpark.
Reimbursement to the City for permanent perimeter fenc-
ing previously installed.
Design and construction of Madison Avenue extension from
Watts Drive to Planz Road.
Reimbursement to the City for administrative costs.
The Phase II application is currently under review at
the Los Angeles office of the Federal Aviation
Administration. Upon completion of that review and
adoption of a Federal Government budget, the application
will be forwarded to Washington D.C. for final review.
Outline of Priorities 12-2-85 - 2-1-86
The first priority will be to complete the Bakersfield
Airpark Rules and Regulations. These regulations, as
mentioned, will be drawn from the Code of Federal
Regulations, specifically, Part 91 as pertains to indi-
vidual operating standard Part 107, as pertains to secu-
rity and emergency procedures, and Part 139 199, as
pertains to standard Federal Airport Requirements.
Bakersfield, California, December 18, 1985 - Page 7
senration
In addition, local ordinances not covered by the CFR's
will need to be written and adopted. These ordinances
will address individual requirements relating specifi-
cally to Bakersfield Airpark.
The aggregate of all administrative documentation will
form the Airport Operations Manual from which all rules
of conduct will originate· Enforcement will be secured
through standard channels such as the Federal Bureau of
Investigation, Federal Aviation Administration, Drug
Enforcement Administrative, Local Police, Flight Service
Station and Airport Management. In addition, the forma-
tion of a Peer Review Board will greatly facilitate
enforcement of proper conduct.
Lastly, continued dialogue with personnel from the state
Department of Transportation, Aeronautics Division; the
Federal Aviation Administration and Los Angeles General
Aviation Department Offices (GADO) will insure proper
implementation of the Airport Improvement Program (AIP)
Funds, as outlined in this report.
Economic Development Director Kennon made a slide pre-
on the progress of the Airpark.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
Approval of Warrant Nos. 3313 to 3510 inclu-
sive, in the amount of $604,373.40.
Claim for Damages and Personal Injuries from
Jose Delamora, 830 Beale Avenue, Bakersfield.
(Refer to City Attorney)
Claim for Damages from Patricia Halderson,
1309 Calle Poderosa, Bakersfield. (Refer
City Attorney)
to
Claim for Personal Injuries from Gregory Conley,
1101 East 10th Street, Apartment #A,
Bakersfield. (Refer to City Attorney)
Claim for Personal
2100 Earlene Court,
City Attorney)
Injuries from Frank Placencio,
Bakersfield. (Refer to
f. Notice of Completion and Acceptance of Work on:
Traffic Signal Modification, Contract No.
85-119, with A-C Electric Company, for Planz
Road and Union Avenue.
Edgemont Drive Resurfacing, Contract No.
85-189 with Granite Construction, Halfmoon
Drive to Wilson Road.
Resurfacing "M" Street, Contract No. 85-192
with Granite Construction from Truxtun Avenue
to 24th Street.
Improvements on Columbus Street (Auburn to
Panorama), Oswell Street (Freeway 178 to
Columbus), Contract No. 85-86 with Granite
Construction.
Bakersfield, California, December 18, 1985 - Page 8
Tract 4341, Contract No. 82-51, with Elmer F.
Karpe Inc., located at Ardmore Avenue and Old
Stine Road.
g. Application for Encroachment Permit from:
Ray Bass, Mortensea Insurance, 4701 Stockdale
Highway, Bakersfield, for an existing parking
stall extending 3 feet into the right-of-way
of South Montclair Street at 4701 Stockdale
Highway.
Contract Change Order No. 2 to Contract No. 85-130
with Tri-County Roofing for installation of
Modified Bitumen Roofing for portions of City
Hall, Fire Station No. 1 and Senior Center.
i. Approval of Plans and Specifications:
1. Construction of the University area storm
drain from Camden Street to Panorama Drive.
Request from Hill Top Developers, Inc. for an
Extension of Time to complete improvements in
Parcel Map No. 6868, Agreement No. 84-119.
License Agreement between Atchison, Topeka and
Santa Fe Railway Company and City of Bakersfield
for the Kern River Bike Trail.
Upon a motion by Councilman Childs, Items a, b, c, d, e,
f, g, h, i, j, and k of the Consent Calendar were adopted by the
following roll call vote:
Ayes: Counci
Noes: None
Absent: None
lmembers Ratty, Sa]vaggio, Smith, Childs,
Christensen, Dickerson, Moore
ACTION ON BIDS
Upon a motion by Councilman Ratty, low bid from Long
Beach Iron Works in the amount of $18,799.20, for fire hydrant
was accepted and the other bid rejected.
burys,
Upon a motion by Councilman Dickerson, low bid from
Wallace and Smith Construction, in the amount of $685,307.00, for
construction of Rio Bravo Fire Station, was accepted, all other
bids rejected and authorization granted to transfer funding of
$135,307.00 from the burn building project.
DEFERRED BUSINESS
Adoption of Ordinance No. 3011 New Series
of the Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code by changing
the Land Use Zoning of those certain pro-
perties in the City of Bakersfield
located on the west side of Saddle Drive,
1,400 feet south of Fraser Road (White
Lane).
This Ordinance was given first reading at the meeting of
December 11, 1985.
Bakersfield, California, December 18, 1985 - Page 9
Upon a motion by Councilman Dickerson, Ordinance No.
3011 New Series of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Ratty, Salvaggio, Smith, Childs,
Christensen, Dickerson, Moore
Noes: None
Absent: None
HEARINGS
This is the time set for continued public
hearing before the Council on Resolution
of Intention No. 993 of the Council of
the City of Bakersfield declaring its
intention to abandon a 50-foot portion of
dedicated vehicular access rights on
south side of White Lane, westerly of
Ashe Road, in the City of Bakersfield.
This hearing was continued from the meeting of December iI,
1985.
Mayor Payne declared the hearing open for public par-
ticipation.
Rick Ambrose, representative of
Development Corporation, spoke in support
Resolution of Intention No. 993.
Tenneco Realty
of adopting
No protests or objections being received, and no one
else wishing to speak in favor, Mayor Payne closed the public
portion of the hearing for Council deliberation and action.
Upon a motion by Councilman Dickerson, Resolution No.
182-85 of the Council of the City of Bakersfield ordering the
abandonment of a 50-foot portion of dedicated vehicular access
rights on the south side of White Lane, westerly of Ashe Road in
the City of Bakersfield, was adopted by the following roll ca]l
vote:
Ayes: Councilmembers Ratty, Salvaggio, Smith, Childs,
Christensen, Dickerson, Moore
Noes: None
Absent: None
This is the time set for public hearing
before the Council for hearing protests
by persons owning real property or any
registered voter residing within terri-
tory designated as "Akers No. 3," pro-
posed to be annexed to the City of
Bakersfield.
Two written protests were received to the Akers No. 3
Annexation.
Mayor Payne declared the hearing open for public partic-
ipation. 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. 183-85
of the Council of the City of Bakersfield Making Findings that In-
sufficient Written Protests Have been Filed and Ordering the
Territory designated as Proceeding No. 881, Annexation No. 303
(Akers No. 3), Annexed to the City of Bakersfie]d, was adopted by
the following roll call vote:
Ayes: Councilmembers Ratty, Sa]vaggio, Smith, Childs,
Christensen, Dickerson, Moore
Noes: None
Absent: None
Bakersfield, California, December 18, 1985
Page 10
This is the time set for public hearing
before the Council for hearing protests
by persons owning real property or any
registered voter residing within property
designated as "Pacheco No. 10, proposed
to be annexed to the City of Bakersfield.
Ninety-one written protests were received to the Pacheco
No. 10 Annexation.
Mayor Payne declared the hearing open for public par-
ticipation.
Leila Wright, 5112 Elysium Street, spoke in opposition
to Pacheco No. 10 Annexation.
No further protests or objections being received, Mayor
Payne closed the public portion of the hearing for Council deli-
beration and action.
Councilman Salvaggio made a motion to close the hearing
and defer to staff for further evaluation.
Councilman Christensen called for the question which was
unanimously approved.
defer to
ing roll
Councilman Salvaggio's motion to close the hearing and
staff for further evaluation, was approved by the follow-
call vote:
Ayes: Councilmembers Ratty, Salvaggio, Smith, Childs,
Christensen, Dickerson, Moore
Noes: None
Absent: None
NEW BUSINESS CONTINUED
First Reading of an Ordinance of the
Council of the City of Bakersfield adding
Chapter 17.57 to Title 17 of the
Bakersfield Municipal Code relating to
Metal Storage Containers.
Councilman Christensen made a motion to refer the use of
the metal storge containers to staff for consideration and recog-
nize the Ordinance as first reading.
Adoption of Resolution No. 184-85 of the
Council of the City of Bakersfield fixing
February 5, 1986, for a Special Meeting
of the Council to be held at Sandrini
Elementary School commencing at 7:00 P.M.
Councilman Dickerson made a motion that the Council call
a Special Meeting on February 11, 1986 at 7:00 p.m. at Sandrini
Elementary School. This motion was approved by the following roll
call vote:
Ayes:
Noes:
Absent:
Councilmembers Ratty, Salvaggio,
Councilmember Christensen
None
Smith, Childs, Dickerson
33,
Bakersfield, California, December 18, 1985 Page 11
Adoption of Resolution No. 185-85 of the
Council of the City of Bakersfield
declaring reserve police officers and
reserve firefighters to be employees of
the City of Bakersfield in the event that
the reserves are not covered under the
California Emergency Services Act for
workers' compensation.
Councilman Ratty made a motion to adopt Resolution No.
185-85 of the Council of the City of Bakersfield.
Councilman Dickerson called for the question which was
defeated by the following roll call vote:
Ayes: Councilmembers Salvaggio, Smith, Dickerson
Noes: Councilmembers Ratty, Childs, Moore, Mayor
Absent: Councilmember Christensen
Payne
Pursuant to Section 14 of the City Charter, which
states that in case of a tie vote by the Council, the Mayor
cast the deciding vote, Mayor Payne voted no.
shall
Councilman Ratty's motion to adopt Resolution No. 185-85
of the Council of the City of Bakersfield, was adopted by the fol-
lowing roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Ratty, Salvaggio, Smith,
Dickerson
Councilmember Childs
None
Christensen,
Councilman Childs clarified his vote stating that he did
not feel comfortable with this matter.
Contract for Professional Services with
Quad Consultants, Inc.
Upon a motion by Councilman Ratty, agreement with Quad
Consultants, Inc., in the amount not to exceed $10,000, for pro-
fessional environmental analysis and urban planning services, was
unanimously approved and the Mayor was authorized to execute the
contract.
Amendment to Landfill Gas Lease and
Operating Agreement for Conversion
Systems between the City and Pacific
Lighting Energy Systems.
Upon a motion by Councilwoman Smith, Amendment to
Landfill Gas Lease and Operating Agreement for Conversion Systems
between the City and Pacific Lighting Energy Systems, was unani-
mously approved and the Mayor was authorized to execute the amend-
ment to the Landfill Gas Lease and Operating Agreement.
CLOSED SESSION
Upon a motion by Councilman Dickerson, the Council
recessed to a Closed Session at 10:15 p.m. for the purpose of
meeting with the City's Chief Negotiator regarding salaries.
regular meeting was reconvened at 11:55 p.m.
The
Bakersfield, California, December 18, 1985 - Page 12
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Childs, the meeting was
adjourned at 11:56 p.m.
ATTEST:
MAYOR of the City of Bakersfield, Calif.
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
rg
33.
Bakersfield, California, December 27, 1985
Minutes of the special meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
City Hall at 12:00 p.m., December 27, 1985.
The meeting was called to order by Mayor Payne,
by the Pledge of Allegiance and Invocation by Councilman
Dickerson.
followed
Deputy City Clerk Gafford called the roll as follows:
Present: Mayor Payne. Councilmembers Salvaggio, Smith, Childs,
Christensen, Dickerson, Ratty
Absent: Councilmember Moore
HEARINGS
This is the time set for public hearing
before the City Council regarding the
financing of the acquisition, construc-
tion and equipping of a convalescent
facility (Heritage Convalescent Hospital
Project), to be located at 5600 Auburn
Street, Bakersfield, California.
The City of Bakersfield previously authorized the issu-
ance of 2.6 million dollars worth of revenue bonds to Newport
Federal for use in a convalescent hospital project. Because of a
discrepancy in the hearing of June 12, 1985, this matter had to be
readvertised. The participant, Newport Federal, has reduced their
request from 2.6 million dollars to a 2 million dollar bond issue.
Mayor Payne declared the hearing open for public par-
ticipation.
Paul Edgren, of Newport Federal, stated he was available
to answer any questions.
No protests or objections being received, and no one
else wishing to speak in favor, Mayor Payne close the public por-
tion of the hearing for Council deliberation.
Upon a motion by Councilman Ratty, Resolution No. 186-85
of the Council of the City of Bakersfield, California authorizing
the Issuance and Sale of Revenue Bonds (Heritage Convalescent
Hospital Center Project), Series 1985 in the Principal Amount of
$2,000,000; Authorizing the Execution and Delivery of Loan
Agreement, and Indenture of Trust, and other documents required in
Connection therewith; and authorizing the taking of all other
actions necessary for the consummation of the transactions
contemplated by this resolution, and provide an administrative fee
of $12,000.00 payable to the City, was adopted by the following
roll call vote:
Ayes: Councilmembers Salvaggio,
Dickerson,
Noes: None
Absent: Councilmember Moore
Smith, Childs, Christensen,
Ratty
NEW BUSINESS
Adoption of Resolution No. 187-85 of the
Council of the City of Bakersfield
Setting Salaries and Related Benefits for
Officers and Employees of the City of
Bakersfield.
Bakersfield, California, December 27, 1985 Page 2
Upon a motion by Councilman Ratty, Resolution No. 187-85
of the Council of the City of Bakersfield was adopted by the fol-
lowing roll call vote:
Ayes:
Noes:
Absent:
Councilmembers Salvaggio,
Ratty
Councilmember Childs
Councilmember Moore
Smith, Christensen,
Dickerson,
Councilman Childs clarified his no vote stating he did
not feel 4% is enough and did not agree with the salary equity
adjustment.
ADJOURNMENT
There being no
Council, upon a motion by
adjourned at 12:15 p.m.
further business to come
Councilman Christensen,
before the
the meeting was
MAYO[{ of the City of Ba4fersfield,
ATTEST:
--. . . .
z'- ~-L-~j~ ~_
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
Calif.
rg