HomeMy WebLinkAboutOCT - DEC 1984Bakersfield, California, October 3, 1984
115
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 3, ]984.
The meeting was ca]led to order by )~ayor Shell, followed
by the Pledge o[ Allegiance and Invocation by Reverend Dick Ferris
of the First Assembly of God Church.
The City Clerk called the roll as follows:
Present: Mayor She]]. Councilmen Christensen, Hoore, Payne,
Ratty, Rockoff, Barton, Childs
Absent: None
MINUTES
Councilman Christensen requested that the minutes of the
regular meetings of September 12 and 19, 1984, be approved, with
the exception that action on the portion of the minutes of September
19, 1984, regarding the Concert Piano for the Civic Auditorium, be
deferred until after the report from the City )~anager on that
subject is acted on.
In answer to a question by Councilman Rockoff, City
Attorney Oberholzer stated not approving minutes has to be on the
grounds of a discrepancy or inaccuracy. The minutes reflect the
official record of the Legislative Body. If Councilman Christensen
is contending there is an inaccuracy, and the entire tape must be
played in order to hear the inaccuracy, that would be an appropriate
motion. However, if the Council is convinced the minutes properly
reflect what transpired, it would be appropriate to overrule or
defeat the motion.
Councilman Christensen stated he listened to the tape
regarding the Concert Piano for the Civic Auditorium, and he also
requested that the City Manager listen to the tape. which he did,
and there are many points and issues that were ].eft out of the
minutes. He felt the minutes are incomplete.
Councilman Barton offered a substitute motion that the
minutes of the regular meeting of September 12, 1984, be approved,
116
Bakersfield, California, October 3, 1984 - Page 2
and the minutes of the regular meeting of September 19, 1984, be
placed under Reports as Item No. 6. This motion was unanimously
approved.
SCHEDULED PUBLIC STATEMENTS
Mr. Scott Rollins, 601Pa(~heco Road, No. 39, Chairman
of the Bakersfield Action Commission, requested that the Council
give serious consideration to synchronization of traffic signals
in the City. In a poll conducted of 426 persons, 380 favored
synchronization, 40 disapproved and 6 had no comment. Two hundred
eighty-nine, of those persons polled, stated they would be willing
to pay for the synchronization because of the obvious benefits it
would reap for the City and its' people.
save manhours, vehicle maintenance, fuel,
from work and help service agencies that
Synchronization would
commuters going to and
rely on the roads to make
their living. Other cities have accomplished synchronization
without spending a great deal of money and they have found it to
be profitable ~n a short period of time.
Upon a motion by Councilman Rockoff, the subject of
synchronized traffic signals was referred to the Growth and Develop-
ment Committee for study.
CORRESPONDENCE
Upon a motion by Councilman Barton, communication from
TRIAD Industries, 3200 - 21st Street, Bakersfield, dated September
20, 1984, requesting rezoning and a General Plan Amendment for
properties located at the northwest corner of South "H" Street and
Pacheco Road, was received and referred to the Planning Commission
for study and recommendation.
COUNCIL STATEMENTS
Councilman Payne stated Jn the past week there have been
several inquiries as to why he was absent from last Thursday's
Redevelopment Agency Meeting. Several months ago he entered into
a very complicated real estate transaction. Prior to last Thursday's
meeting a third party amendment was drawn on the escrow that indicated
Bakersfield, California, October 3, 1984 - Page 3
117
one of the initial party's transaction might be substituted by
another party as a nominee. Precluding his acceptance of that
amendment the third party was proposed as a substitution on a
double escrow with concurrent closings. As a result of the con-
versation between the other parties the amended escrow was presented
to him for consideration as a secured third party. It appeared, as
a result of the amendment, there could be a potential conflict of
interest on his behalf, unknown to the other parties in the escrow.
The City Attorney is consulting with the Fair Political Practices
Commission in Sacramento on this matter for a ruling as to whether
or not there is a real or potential conflict of interest. Due to
the complex nature of the transaction neither the Fair Political
Practices Commission nor the City Attorney could render an immediate
decision. On the advice of the City Attorney, while waiting for a
written opinion from the F.P.P.C., he will not participate in any
decision relating to the Truxtun Galleria.
Councilman Childs commended a Police Officer for his
politeness when he warned him about illegal u-turns and jaywalking
across Eye Street to reach City Hall. He also thanked City Manager
Caravalho who brought this to his attention, just prior to the
warning by the Police Officer.
Councilman Barton stated he was absent from the meeting
of September 19, 1984, because he was in Washington, D.C. meeting
with Senator Cranston, Congressman Thomas and the F.A.A. regarding
the Bakersfield A~rpark and encouraging their support of Enterprise
Zone Legislation on the Federal level.
Congressman Thomas were supportive and
supportive of the Bakersfield project.
Senator Cranstc, n and
the F.A.A. Director was
Since he did no.t have time
to obtain permission from the Council for this trip he personally
paid for it with his own money.
Councilman Moore stated last May, after the [mergency
Preparedness Dr~l], the Council approved holding two drills per
year, in April and October. Councilman Moore thanked City Manager
118
Bakersfield, California, October 3, 1984 - Page 4
Caravalho, Director of Fire and Development Services Needham and
Assistant Fire Chief Kelly for their diligent ef[orts in the matter.
City Manager Caravalho stated on October 23, 1984, a
session will be held with staff, primarily to assure that all depart-
ment managers are familiar with procedures for a disaster and
dealing with the County, State and Federal governments, if necessary.
In the Spring of 1985 steps will be taken to actively involve them
and it is hoped that a year from now a full exercise program can
be developed that will include all interested parties to evaluate
the City's capability in responding to a major emergency.
Councilman Ratty commended Councilman Moore for pushing
the City on the Emergency Preparedness Program because something
needed to be done.
Due to the fact that Emergency Preparedness is such an
important matter, Councilman Ratty made a motion to refer it to
the Water Resources Committee to make sure it is constantly
monitored and pushed along. This motion was unanimously approved.
Referral of a Resolution o[ the
Council of the City of Bakersfield
requesting Governor Deukmejian's
support of an alternate route for
State Highway 178 through the Kern
River Canyon.
~ayor Shell stated she was contacted by Mr. Lloyd Mayes,
of the Kern River Valley, requesting the realignment of State Route
178 be completed and they are asking the City to assist by adopting
a resolution. The Kern County Board of Supervisors has adopted a
resolution supporting this matter and, in keeping with Mr. Mayes'
request, Mayor Shell submitted a resolution to the Council for their
consideration.
Councilman Rockoff stated since this matter affects a
portion of the Third Ward he would like it assigned to a Committee
he sits on.
Upon a motion by Councilman Rockoff, Resolution of the
Council of the City of Bakersfield requesting Governor Deukmejian's
Bakersfield, California, October 3, 198,i - Page 5
119
support of an alternate route for State Highway 178 through the
Kern River Canyon, was referred to the Growth and Development
Committee for study and recommendation.
Councilman Childs stated he agrees with Councilman
Rockoff, that since Councilman Moore has put a great deal of work
into Emergency Preparedness that the matter be referred to a
Committee he is a member of, however, he is concerned about items
being referred to the proper Councii Committee.
REPORTS
Councilman Rockoff, member of the Growth and Development
Committee, read Report No. 11-84 regarding Sewer Farm Land Sale to
High School Districts, as follows:
In February, 1984, the Kern High School District
purchased 72.5 acres of land at the City's
Southeast Sewer Farm for its Vocational Agri-
cultural Training Center. This property was
appraised at $4,000 per acre and was sold at a
price of $290,000. At the time of the purchase,
the High School District representatives dis--
cussed the possibility of the City selling an
additional 4.86 acres which are contiguous to
the north of the 72.5 acres. This land was
considered to be more valuable to the City as
it is not restricted for agricultural uses only
and it fronts on Mt. Vernon Avenue. Therefore,
an appraisal was ordered by the City before
negotiations took place.
The Growth and Development Committee has since
met with City staff and has considered the sale
of this property based on the recent appraised
value, which was determined to be $]00,400.
This amounts to $20,658 pot acre. which we fee]
is fair to both parties. This Committee also
recommended the following condition be placed
in the escrow instructions: Should the District
sell the property within twenty years, the
District shall pay to the City one half of the
difference between the price the District obtains
for the property less the then appraised value
of all buildings and facilities affixed to the
property and the $100,400 original purchase
price of the land. This condition and the
purchase price was approw, d by the High School
District Board of Directors on September 20,
1984.
The Growth and Developmenl Committee is now
recommending City Council approval of this sale
based on the appraised value of $100,400 and the
aforementioned condition. We further recommend
the Council direct the City Attorney to prepare
the appropriate documents to be returned to the
Council for final approval.
120'
Bakersfield, California, October 3, 1984 - Page 6
Upon a motion by Councilman Rockoff, Growth and Develop-
ment Committee Report No. 11-84 regarding Sewer Farm Land Sale to
High School District, was accepted; sa~e based on the appraised
value of $100,400 and condition set forth in the report, was
approved; and the City Attorney was directed to prepare the
appropriate documents to be returned to the Council for final
approval.
Councilman Rockoff, Chairman of the Budget and Finance
Committee, read Report No. 27-84 regarding Amending the 1984-85
Budget for Public Safety Communication Equipment, as follows:
The initial purchase and subsequent replacement
of portable communication equipment has
traditionally been funded by the Genera] Fund.
This Committee noted that this process contributes
to peaks and valleys in departmental Capital
Outlay Budget requests.
Further, this Committee noted that portable
communication could be budgeted and acceunted
for in a manner similar to vehicles and rolling
stock. New equipment to be funded as a Capital
Outlay Item, however, replacements would be
accomplished by the Equipment Replacement Fund.
The Equipment Replacement Fund would accumulate
resources over the equipment's useful life
through rental charges to the user departments,
thereby~ limiting fluctuation in departmental
Operating Budgets. The Police and F~re Depart-
ments have included estimated rental charges
for communication equipment in their 1984-85
Operatling Budgets.
This Committee has reviewed the requests for
additional public safety communication equip-
ment. We have noted that funds are available
in the Capita] Outlay Fund and recommend funding
$84,000 with said resources.
Upon a motion by Councilman Rockoff, Budget and Finance
Committee Report No. 27-84 regarding Amending the 1984-85 Budget
for Public Safety Communication Equipment, was accepted; and funding
$84,000 from the Capital Outlay Fund for Public Safety Communication
Equipment, was approved.
Councilman Rockoff, Chairman of the Budget and Finance
Committee, read Report No. 28-84 regarding Financial Consultant -
Wastewater Treatment Plant #3, as follows:
Bakers£ield, California, October 3, i984 - Page 7
The City is presently proceeding with the up-
grading and expansion of Wastewater Treatment
Plant #3. As you are aware, the method for
financing the upgrading and expansion will be
the issuance of leasehold mortgage bonds by the
City of Bakersfield Public Facilities Corporation.
On April 4, 1984, the City Council employed
Stradling, Yocca, Carlson & Rauth as Bond
Counsel for purposes of forming the nonprofit
corporation and other legal services relative
to the bond issue.
The Bond Counsel has formed the nonprofit
corporation and as was th¢~ case with the non.-
profit corporation for the expansion of Waste-
water Treatment Plant #2, it is necessary to
appoint a financial consultant for the bond
issue prospectus.
Staff has obtained quotes from various financial
consultants experienced in bond issues. The low
quote of not-to-exceed $17,500 was from Rauscher.
Pierce & Refnes. This firm provided the
preliminary financial analysis for the proposed
upgrading and expansion of Plant #3. In order
to proceed with the financing the corporation
requests that the City advance funds for these
consulting services. The City will be reimbursed
from bond sale proceeds.
This Committee noted the fmportance of the timely
upgrading and expansion of Treatment Plant #3.
Therefore, we recommend that the City Council[
authorize an advance of $17,500 to the City of
Bakersfield Public Facilities Corporation for
financial consulting services on the condition
that this advance be returned upon issuance of
debt instruments.
Upon a motion by Councilman Rockoff, Budget and Finance
Committee Report No. 28-84 regarding Financial Consultant - Waste-
water Treatment Plant #3, was accepted; and advancement of $17,500
to the City of Bakersfield Public Facilities Corporation for
financial consulting services, on the condition that this advance
be returned upon issuance of debt instruments, was approved.
City Manager Caravalho presented a report regarding
Concert Piano - Civic Auditorium, as follows:
Recommendation:
That the City budget $20.000 towards the purchase
of a concert piano by transferring $20,000 from
the Capita] Outlay Fund to the Auditorium budget.
The remaining $10,000+ will be raised through
private donations and financial support from
service organizations.
122
Bakersfield, California, October 3, 1984 - Page 8
Background:
Recently Mr. Christensen and I met with repre-
sentatives from the community to discuss their
budget request for the purchase of this piano.
They indicated that for many years they had
attempted to get the City to purchase a piano
for concerts at the Civic Auditorium without
SUCCESS.
Whenever there is an event at the Auditorium,
a piano must be borrowed and transported to the
site. This is an increasing problem in that
people are unwilling to allow such an expensive
piano to be moved. It is felt that the City
should make this purchase as recommended above.
Upon a motion by Councilman Christensen, report from the
City Manager regarding Concert Piano - Civic Auditorium, was
accepted; and $20,000 was budgeted towards the purchase of a
Concert Piano by transferring $20,000 from the Capital Outlay
Fund to the Auditorium Budget; the remaining $10,000+ is to be
raised through private donations and financial support from service
organizations; and the $20,000 is not to be used until the $10,000+
is raised.
City Manager Caravalho presented a report regarding
Proposition 36, as follows:
Recommendation:
The City Council pass a resolution opposing
Proposition 36 inasmuch as it will reduce City
revenues by approximately $2.3 million and
substantially constrain the ability of the
City to operate effectively.
Background:
At the last City Council meeting, you received
information regarding the impact of Prposition
36 (Howard Rarvis Initiative) on the City of
Bakersfield. Additional information is provided
for your review. It is recommended that the
City take a position to oppose this measure.
Adoption of Resolution No. 79-84 of
the Council of the City of Bakers-
field opposing Proposition 36 on the
November 6, 1984, Ballot (Jarvis IV).
Upon a motion by Councilman Christensen, Resolution No.
79-84 of the Council of the City of Bakersfield opposing Proposition
36 on the November 6, 1984, Ballot (Jarvin IV), was adopted by the
Bakersfield, California~ October 3, 1984 - Page 9
123
following roll call vote:
Ayes: Councilmen Christensen, Moore, Payne, Ratty, Rockoff,
Barton, Childs
Noes: None
Absent: None
Councilman Ratty stated he supports opposing Proposition
36, however, in the past, there have been conflicts between
Councilmen over various Propositions on the ballot. Although the
Council unanimously opposes Proposition 36, he would l~ike to stress
the point that if there is a division of opinion that [he Council
not take a position.
Councflman Christensen stated he [eels J[ a Proposition
has a direct affect on the City that the Council should act on it.
Upon a motion by Councilman Barton. Report from the City
Manager regarding Proposition 36, was accepted.
Upon a motion by Councilman Christensen, Minutes of the
regular meeting of September 19, 19S4, were approved as presented.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1206 to 1457,
inclusive, in the amount of $582,477.06.
(b)
Claim for Damages and Personal Injuries
from Lyle Blake, c/o Michael J. Webb,
Attorney at Law, 1430 Truxtun Avenue,
Suite 500, Bakersfield. (Refer to City
Attorney)
(c)
Claim for Damages frem Wausua Insurance
Company, c/o Goldberg, Fieher and Quirk,
1600 "M" Street, Bakersfield. (Refer te
City Attorney)
(d)
Application for Leave to Present Late
Claim for Damages from Hartford Accident
and Indemnity Company on behalf of Service
Oil Company, 5100 California Avenue, Suite
204, Bakersfield. (Refer to City Attorney)
(e)
Street Right-of-Way Deed from Ilene Dennan,
Marian V. Lucas and Marcia J. Lucas pro-
viding additional two feet of right-of-way
for a portion of the north side of Belle
Terrace between McDonald Way and Jones
Street as required for County Parcel No.
7279.
124
Bakersfield, California, October 3, 1984 - Page 10
(f)
(g)
(h)
(~)
(j)
(k)
(1)
(m)
(n)
Grant Deed from Atlantic Richfield Company
providing for drainage retention basins as
required for Parcel Map No. 7353, located
between Hughes Lane and South "R" Street,
north of Pacheco Road.
Offer of Dedication from Atlantic Richfield
Company providing easements for street
purposes as required by the Planning Com-
mission for Parcel Map No. 7353, located
south of White Lane, west of South "H"
Street.
Notice of Completion and Acceptance of
Work on Fire System Improvements in the
King/Beale Street Alley between Pacific
and Quincy Streets, Contract No. 84-19
with California Water Service Company.
Notice of Completion and Acceptance of
Work on Fire System Improvements on
Robinson Street between Niles/Oregon
Street Alley and Oregon/Pacific Street
Alley, Contract No. 84-18 with California
Water Service Company.
Notice of Completion and Acceptance of
Work on Fire System Improvements on
Miller Street between Quincy/Flower
Street Alley and Quincy/Pacific Street
Alley, Contract No. 84-16 with California
Water Service Company.
Notice of Completion and Acceptance of
Work on Fire System Improvements on
Miller Street between Kentucky/Lake
Street Alley and Lake/Monterey Street
Alley, Contract No. 84-17 with California
Water Service Company.
Notices of Completion and Acceptance of
Work on:
Tract No. 4634, Contract No. 83-155 with
Parkwest, located at White Lane and Dove-
wood Street.
Tract No. 4642, Contract No. 84-36 with
Homestead Land Development, located at
Wible Road and Harris Road.
Application for Encroachment Permit from
Coleman Construction Company, 1001 Tower
Way, Bakersfield, for construction of a
four foot high wrought iron fence located
behind the sidewalk to enclose model sales
homes.
Application for Encroachment Permit from
Don Judkins, Star Route 4, Box 314,
Bakersfield, for construction of a six
foot fence wall surrounding existing KPMC
Transmitter Building on Artimus Court
encroaching approximately one foot into
the right-of-way at 3809, 3813 Artimus
Court. The street is in a new subdivision
with no residents at this time.
Bakersfield, California, October 3, 1984 - Page
125
o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
Application for Encroachment Permit from
Downtown Business Association, 1527 - 19th
Street, Bakersfield, for installation of
Christmas Decorations across Chester Avenue
at eight (8) locations between 17th and
21st Streets. Public Works Department
recommends approw~l with the condition
that the decorations not obscure traffic
signals or other traffic control devices
and shall have adequate vertical clearance
above the street.
Application for Encroachment Permit from
Rick Maggio, 2300 Clara Street, Bakers-
field, for construction of a 35-inch high
retaining wall with a six foot high fence
on top behind sidewalk on Dolefield Street
at 2300 Clara Street.
Contract Change Order No. 2 to Contract
No. 84-59 with California Water Service
Company for work on the Westminster
Ceramics Project, 2201 East Brundage Lane.
This Change Order is necessary to avoid a
storm drain within the right-of-way water
line on Quantico Avenue, extra depth and
shoring was necessary, and to provide
adequate stabilization for butterfly valves
to eliminate movemen~ when operable. Funds
are available from the Contingency Account
of this Agreement (CI)BG Job's Bill). The
Change Order will increase the conCract by
$7,768.60.
Agreement between the City of Bakersfield
and Panama Union School District to conduct
and maintain a planning and supervising
recreational activity.
Agreement between the City of Bakersfield
and Susan DiFranzo for instruction in
Beginning Ballet and Jazz.
Agreement between the City of Bakersfield
and Ideana Hickle for instruction in
Bowling.
Agreement between the City of Bakersfield
and Gary DiFranzo for instruction in Basic
Learning Skills.
Agreement between the City of Bakersfield
and Laurel Schremp for instruction in
Hobby Ceramics.
Agreement between the City of Bakersfield
and Kern County Economic Opportunity
Corporation (Headstart) for rental of
the Susie B. Goodloe Room and storage
areas at the Martin Luther King Community
Center for a period of nine months.
Agreement between the City of Bakersfield
and Susan Anderson For instruction in
Calligraphy.
126
Bakersfield, California, October 3, 1984 - Page 12
(y) Agreement between the City of Bakersfield
and Gene Carol for instruction in Tennis
Lessons.
Upon a motion by Councilman Rockoff, Items (a), (b),
(d), (e), (f), (g), (h), (i), (j), (k), (1). (m), (n), (o), (p),
(q). (r). (s). (t), (u), (v), (w), (x) and (y) of the Consent
Calendar. were adopted by the following roll call vote:
Ayes: Councilmen Christensen, Moore, Payne, Ratty, Rockoff,
Barton, Childs
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Moore,
Inc.~ in the amount of $31,970.48,
Rockford,
Wastewater Treatment Facility, was accepted.
Upon a motion by Councilman Childs,
(c),
bid of Richards of
for Aerators for
bid of Pacific West
Sound, in the amount of $13,996.24, for Sound Mixing Console for
the Civic Auditorium, was accepted.
Upon a motion by Councilman Barton, bid of Union
Engineering Company, Inc., in the amount of $40,557.50, for Pacheco
Pipe Widening at Branch 1 of the Kern Island Canal, was accepted and
the Mayor was authorized to execute the contract.
Upon a motion by Councilman Childs, low bid of C & L
Coatings, in the amount of $31,978.00, for repairing and resurfacing
arena floor and concession area at the Civic Auditorium, was accept,~d
and the other bid rejected.
Upon a motion by Councilman Payne, low bid of Pitney
Bowes, in the amount of $8,424.77, for Mailing System in the City
Clerk's Office, was accepted and the other bid rejected.
Upon a motion by Councilman Childs, low bids of Business
Information Systems for 1 item, in the amount of $21,670.11, and
Integrated Systems Group for 2 items, in the amount of $13,813.78,
for Prime Computer Equipment, were accepted.
Bakersfield, California~ October 3, 1984 - Page 13
Upon a motion by Counci]man Barton, low bid of Granite
Construction Company, in the amount of $73,425.00, for resurfacing
Hughes Lane between Wilson Road and Ming Avenue, was accepted, all
other bids rejected and the Mayor was authorized to execute the
contract.
Upgn a motion by Councilman Barton, low bid of Conejo
Constructors, in the amount of $72,870.00, for extension of a
Reinforced Concrete Box Culvert on Planz Road at the Kern Island
Canal, was accepted, all other bids rejected and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Barton, low base bid of James
G. Francis, in the amount of $54,800.00, for Canal Culvert and
Street Widening at Harris Road near Wible Road, was accepted, all
other bids rejected and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Childs, low bid of SJC
Engineering Contracting, Inc., in the amount of $16],123.00, for
construction of a Reinforced Concrete Box Culvert on Sacramento
Street at the Eastside Canal and Union Avenue Culvert Extension at
the Eastside Canal, was accepted, all o~her bids rejected and the
Mayor was authorized to execute the contract, contingent upon the
contractor satisfying all State requirements.
Upon a motion by Councilman Payne, low bid of SJC
Engineering Contracting, Inc., in the amount of $339,0]9.20, for
realignment of the Kern Island Canal from Faith Avenue to 700 feet
south of Panama Lane and construction of a Bridge at Panama Lane
and the Kern Island Canal,
the bid; and second lowest
the amount of $456 984.90,
was relieved due to an error in preparing
bid of Union Engineers Compsny, Inc., in
was accepted, all other bids: rejected
and the Mayor was authorized to exe~!ute the contract.
Upon a motion by Councilman Payne, usual bidding require-
ments were dispensed with, in accordance with Section 2;.20.060 of
the Municipal Code, and the Finance Operations Manager was authorized
128
Bakersfield, California, October 3, 1984 - Page 14
to negotiate a price, within the amount budgeted, for four Lanier
Central Dictation Recorders.
Upon a motion by Councilman Moore, usual bidding require-
ments were dispensed with, in accordance with Section 3.20.060 of
the Municipal Code, and the Finance Operations Manager was authorized
to negotiate a price with Motorola Communications for furnishing
budgeted amount of
and installing Radio Systems, not to exceed the
$47,900.00.
DEFERRED BUSINESS
Deferral of action on an Ordinance
of the Council of the City of Bakers-
field amending Section 17.53.051 of
the Bakersfield Municipal Code
relative to Site Plan Review Policies
and Objectives.
This ordinance was given first
of January 11, 1984.
reading at the meeting
The Growth and Development Committee has had several
meetings with representatives of developers and other interested
groups to consider a staff proposal. Those representatives have
indicated they will be meeting on October 15, 3984. Staff intends
to present the draft proposal to the Growth and Development Committee
the following week and then return
October 31, 1984.
the matter to the Council on
Upon a motion by Councilman Barton, action on an Ordinance
of the Council of the City of Bakersfield amending Section 17.53.051
of the Bakersfield Municipal Code relative to Site Plan Review
Policies
October 3l,
Ayes
Noes
Absent:
and Objectives, was
1984, by the following roll
Councilmen Christensen, Moore,
Barton, Childs
None
None
deferred until the Council Meeting of
call vote:
Payne, Ratty, Rockoff,
Bakersfield, California, October 3, 1984 - Page 15
129
Adoption of Zoning Resolution No.
318 of the Council of the City of
Bakersfield denying the Appeal of
Long John Silver's, Inc., from the
decision of the Board of Zoning
Adjustment denying a Modification
affecting that certain property as
hereinafter described and zoned as
a C-2-D (Commercial - Architectural
Design) Zone to permit the reduction
of the required off-street parking
spaces from 19 to 9 spaces on that
certain property commonly known as
3801 Ming Avenue.
This resolution sets forth the decision of the Council
following the appeal hearing on this matter held September 12, 1984.
Upon a motion by Councilman Ratty, Zoning Resolution No.
318 of the Council of the City of Bakersfield denying the Appeal
of Long John Silver's, Inc., from the decision of the :Board of
Zoning Adjustment denying a Modification affecting that certain
property as hereinafter described and zoned as a C-2-D (Commercial -
Architectural Design) Zone to permit the reduction of the required
off-street parking spaces from 19 to 9 spaces on that certain
property commonly known as 3801 Ming Avenue, was adopted by the
following roll call vote:
Ayes
Councilmen Christensen, Moore, Payne, Ratty, Rockoff,
Barton, Childs
Noes None
Absent: None
Adoption of Zoning Resolution No.
319 of the Council of the City of
Bakersfield approving and adopting
Negative Declaration and approving
Conditional Use Permit to allow
Heliport on that property commonly
known as the Greater Bakersfield
Memorial Hospital, north of 34th
Street and east of San Dimas Street.
This resolution sets forth the decision of the Council
following the hearing on this matter held August 15, 1984.
Upon a motion by Councilman Christensen, Zoning Resolution
No. 319 of the Council of the City of Bakersfield approving and
adopting Negative Declaration and approving Conditional Use Permit
130
Bakersfield, California, October 3, 1984 - Page 16
to allow Heliport on that property co~nonly known as the Greater
Bakersfield Memorial Hospital, north of 34th Street and east of
San Dimas Street, was adopted by the following roll call vote:
Councilmen Christensen, Moore, Payne, Ratty, Rockoff,
Ayes:
Barton,
Noes: None
Absent: None
Childs
HEARINGS
merit
General Plan and Proposed Environmental Documents
following general areas:
Segment I: TRE WARMINGTON COMPANY has applied
to amend the Land Use Element of
the Bakersfield General Plan by
extending the Plan boundaries to
include a 6.534 acre site located
at the northwest corner of Rose-
dale Highway and Freeway 99 and
to designate it for Commercial use.
This is the time set for public hearing regarding amend-
to tile Land Use Element of the Bakersfield Metropolitan Area
Segment II:
concerning the
PROPERTY OWNERS BY PETITION have
applied to change the Commercial
and Office designations for 7.07
acres to Low Density Residential
(0.5 to 5.49 dwelling units per
gross acre) located on both sides
of 17th Street between "S" and
"V" Streets.
This hearing was duly adwartised and the property owners
notified as required by law.
The Planning Commission approved the Negative Declaration
for Segment I and recommended approval of Segment I with conditions.
The Planning Commission recommended denial of Segment II.
Mayor Shell declared the hearing open for public partici-
pation on Segment I.
Mr. Ronald Ruettgers,
representing property owners on
Civil Engineer, 2707 "F" Street,
the south side of Rosedale Highway,
immediately south of the proposed project,
not to oppose the project,
Mr. Ruettgers submitted a
concerns with:
stated their purpose is
but advise the Council of their concerns.
letter to the Council expressing their
Bakersfield, California, October 3, 1984 - Page 17
1. The available traffic capacity entering
and exiting Rosedale Highway at E1 Camino
del Rio Court.
2. The available sewer capacity in a line
proposed to serve property to the south
of Rosedale Highway.
Mr. Mark McAlpine, representing the developer, Robert P.
Warmington Company. requested that the Council approve Segment I
of the General Plan Amendment.
No protests or objections being received and no one else
wishing to speak in favor, Mayor Shell closed the public portion of
the hearing on Segment I for Council deliberation and action.
In answer to a question by Councilman Ratty, Dlrector of
Public Works Hawley stated the property owners will be required to
modify the traffic signal at their expense. There is a connection
fee that will be applied to this property to upgrade tlhe sewer
system that was referred to by Mr. Ruettgers. The property owners
will be paying for both sewers and upgrading the traffic signal.
Upon a motlon by Councilman Ratty, Resolution No. 80-84
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and approving Segment I of proposed amendment
to the Land Use Element of the Bakersfield Metropolitan Area General
Plan (Land Use Amendment 2-84),
call vote:
Ayes Councilmen Christensen,
was adopted by the following roll
Moore, Payne, Ratty, Rockoff,
Barton, Childs
Noes None
Absent: None
Mayor Shell
pation on Segment II.
Mr. George Quick, 409 -
Council uphold the recommendation
declared the hearing open
for public partici-
17th Street, requested that the
of the Planning Commission and
reject Segment II of the General Plan Amendment. At the present
time the proponents are not pushing for this amendment.
132
Bakersfield, California, October 3, 1984 - Page 18
No further protests or objections being received and no
one wishing to speak in favor, Mayor Shell closed the public portion
of the hearing on Segment II for Ceuncil deliberation and action.
Councilman Rockoff asked if the General Plan and Zoning
will be in conflict if Segment II ks denied.
City Attorney Oberholzer stated that property has not been
rezoned to conform to the General Plan.
Councilman Rockoff asked if the General Plan designates
the property as Commercial and the zoning designation is Residential.
City Attorney Oberholzer stated he believes the zoning is
still Residential and the City will have to conform the zoning with
the General Plan.
In answer to a question by Mayor Shell, Director of Fire
and Development Services Needham stated the property owners originally
requested this amendment to the Land Use Element to Low Density
Residential, however, they are no longer in favor of that, due to
the adoption of the Redevelopment Element. The General Plan now
depicts Residential and Commercial in that area in a varied type of
arrangement. They do understand the Residential portion is adopted
and no longer wish to pursue this amendment.
Upon a motion by Councilman Ratty, Resolution No. 81-84
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and denying Segment II of proposed amendment
to the Land Use Element of the
Plan (Land Use Amendment 2-84),
call vote:
Ayes Councilmen Christensen, Moore,
Barton, Childs
None
None
Noes
Absent:
Bakersfield Metropolitan Area General
was adopted by the following roll
Payne, Ratty, Rockoff,
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Chapter
17.06 (Zoning Map) of the Municipal
Code of the City of Bakersfield
regarding Prezoning of property
known as Rosedale No. 2 Annexation.
Bakersfield, California, October 3, 1984 - Page 19
This amendment prezones property owned by the Republic
Supply Company (by Robert P. Warmington Company) to a C-2 (Commercial)
or more restrictive Zone.
The Planning Commission recommended approval of the pre-
zoning for the Rosedale No. 2 Annexation territory to the City
Council on July 19, 1984.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.06.020 of
Chapter 17.06 (Zoning Map) of the Municipal Code of the City of
Bakersfield regarding Prezoning of property known as Rosedale No.
2 Annexation.
Adoption of Resolution No. 82-84 of
Application of the Council of the
City of Bakersfield proposing pro-
ceedings for Annexation of territory
to the City of Bakersfield identified
as Annexation No. 291 (Rosedale No. 2).
On July 19, 1984, the Planning Commission recommended to
the City Council the adoption of a resolution initiating annexation
proceedings at the Local Agency Formation Commission for 6.534 acres
of uninhabited territory located at the northwest corner of State
Highway 58 (Rosedale Highway) and State Highway 99.
Upon a motion by Councilman Ratty, Resolution No. 82-84
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. 291
the following roll call vote:
Councilmen Christensen,
Barton,
Ayes
Noes
Absent:
None
None
(Rosedale No.
2), was adopted by
Moore, Payne, Ratty, Rockoff,
Childs
Approval of Agreement between the
Southern Pacific Transportation
Company and the City of Bakersfield
providing an easement and conditions
for construction of the Sandra Drive
Storm Drain along the railroad right-
of-way, north or Planz Road.
134
Bakersfield, California, October 3, 1984 - Page 20
The total cost of the easement is $7,500.00 and sufficient
funds are budgeted fin the current Fiscal Year for this project.
Upon a motion by Councilman Barton, Agreement between
the Southern Pacific Transportation Company and the City of Bakers-.
field providing an easement and conditions for construction of the
Sandra Drive Storm Drain along the railroad right-of-way, north of
was approved and the Mayor was authorized to execute
Planz Road,
same.
Approval of Modification to Agreement
No. 83-1, Memorandum of Understanding
between the City of Bakersfield and
the ttousing Authority of the County
of Kern for the Rental Rehabilitation
Demonstration Program.
Modification of Agreement No. 83-1, allows the Housing
Authority to use the City's Section 8 Certificates until such time
as these Certificates are needed for completed units rehabilitated
by the City under the Rental Rehabilitation Demonstration Program.
The Housing Authority's Section 8 Certificate turnover rate will
accommodate the units completed under the program, in the event
that the City needs the Certificates in the future.
Upon a motion by Councilman Childs, Modfication to
Agreement No. 83-1, Memorandum of Understanding between the City
of Bakersfield and the Housing Authority of the County of Kern for
the Rental Rehabilitation Demonstration Program, was
the Mayor was authorized to execute same.
ADJOURNMENT
There being no further business to come before
Council, upon a motion by Councilman Christensen,
adjourned at 8:30 P.M.
approved and
the
the meeting was
MAS~0R of the C~ty of Bakersfield, Calif.
/ /
ATTEST:
CITS~ CLERK and Ex Officio Clerk of
of the City of Bakersfield,
the Council
California
ma
Bakersfield, California, October 17, 1984
~inutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hail at 7:00 P.M., October 17, 1984.
The meetin~ was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Reverend Robert
Ferguson of the Covenant Presbyterian Church.
The City Clerk called th~, roll as follows:
Present: Mayor Shell. Councilmen ~oore, Payne, Ratty, Rockoff,
Barton (seated at 7:45 P.M.)
Childs, Christensen
Absent: None
Hinutes of Reeular ~eeting of October 3, ]984, were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Ms. Lily Nahama, President of the Board of Education of
the Bakersfield City School District, spoke regarding the traffic
problem on Char~er Avenue at Chi~man and Eissler Schools. This is
a problem of access into and out mf the area, compounded with approx-
imately 1,000 students walking and riding bicycles. There is a large
area of vacant private property, proposed for develonment, with a
proposed road, adjacent to the schools. The property is owned by
Giumarra Fruit Company. During the past [our years that she has
served on the Board of Education, there ha~ been no solution or action,
therefore, she is now asking the Council to assist the School Dis-
trict and concerned parents with resolving this problem.
Mrs. Sheila A. Murphy, 4301 Christmas Tree Lane, represent-
ing concerned parents of Eissler and Chipman Schools, stated they
have been working with City Staff, Councilman Rockoff, and the Bakers-
field City School District to try to resolve the traffic problem. At
the present time, nothing has been accomvlJshed with the private
property owner, and concerned paren2s are now asking the Council to
assist in this effort.
Councilman Rockoff' stated he would like to give credit to
the City Staff, as he knows they have worked diligently attempting
13'6
Bakersfield, California, October 17, 1984 - Page 2
to work out an arrangement with the property owner. This problem
must be solved immediately.
Upon a motion by Councilman Rockoff, the traffic problem
on Charger Avenue at Eissler and Chipman Schools, was referred to
the Growth and Development Committee immediate]y, and given top
priority, with a progress report to come back to the Council on
October 3], 1984.
Mr. Bob O'Rand, Chairman of the Bakersfield Firefighters
Legislative Action Group, presented Mayor Shell with a plaque
entitled, "The Rescue" in honor of and appreciation for the work
she has done for the City of Bakersfield.
COUNCIL STATEMENTS
Councilman Childs requested staff prepare a status report
on the Lakeview Outreach Office to be brought back to the Council
on October 31, 1984.
Mayor She11 announced that there will be a Crime Prevention
Fair sponsored by the Kern County Crime Prevention Task Force on
Saturday, October 20, ]984, at the Bakersfield College Downtown
Center, with a variety of seminars and exhibits.
REPORTS
Councilman Christensen, Chairman of Auditorium and Com-
munity Services Committee, read Report No. ]1-84 regarding North
Bakersfield Parks and Recreation District Request, as follows:
On September 11, 1984, the City Council received
a letter from the North Bakersfield Recreation
and Park District requesting that the City of
Bakersfield adopt a policy whereby subdividers
would be required to contribute $1,000 per acre
for the acquisition and development of park and
recreation facilities within their district
boundaries. This request was referred to the
Auditorium and Communities Services Committee,
and we recently met with staff to discuss this
issue.
Public Works Director, Dale Hawley, informed us
that this letter was sent by mistake in that the
District representative was new and did not under-
stand the procedure regarding newly annexed areas.
Mr. Hawley has been in contact with the District
and informed them that this property, when annexed
by the City, was detached from the North Bakers-
field Recreation and Park District.
We have asked staff to write a
trict outlining the procedure
ation.
letter to the Dis-
followed upon annex-
Bakersfield, California, October 17, 1984 - Page
137
Upon a motion by Councilman Christensen, Auditorium
and Community Services Committee Report No. 11-8,t, regarding North
Bakersfield Parks and Recreation District Request, was; accepted;
and staff was directed to write a letter to the District outlining
the annexation procedures.
Councilman Christensen, Chairman of Auditorium and Community
Services Committee, read Report No. 12-84 regarding thtndicapped Play-
ground, as follows:
In February 1984 the City Council received a letter
from John Neuman, District Manager for Denny's
Restaurants, requesting lhe City build a play-
ground facility for handicapped children.
Neuman informed us at that time that he and the
Denny's Restaurants em~h,yees would be willing
to donate funds to buy the necessary equipment if
the City would donate the land. This issue was
referred to the Auditorium and Community Services
Committee for study and recommendation.
Since that time, the Public Works Department has
requested input from the various organizations
serving handicapped children in order to establish
a need for such a facility. To date, we have
heard from 15 organizations and/or individuals
who have indicated complete support for such a
facility in this community.
City staff have also surveyed the various City
parks for the most logical location, taking into
consideration both accessibility and centralized
location. Public Works Director Dale Hawley has
indicated that the most logical location would
be a 2.75 acre undeveloped parcel of property
at Saunders Park. This park is located on Palm
Street near Freeway 99.
The cost for grading, irrigation, lighting, land-
scaping, and equipment would be approximately
$60,000, with an annual cost o[ $15,000 to maintain
it. These figures were submitted to Mr. Neuman,
and he has indicated that City funds would not be
required for this development as he would be
soliciting donations of material and labor from
The Auditorium and Community Services Committee is
in agreement with this concept and would recommend
that the Council proceed under the following
conditions:
Mr. Neuman must submit proof of :financing
of in-kind services prior to the City
developing th~s land for handicapped play-
ground.
138
Bakersfield, California, October 17, 2984 - Page 4
Mr. Neuman will contact California
Water and Pacific Gas and Electric in
an attempt to offset the annual main-
tenance costs. Perhaps these two agencies
can donate the water and electricity so
that the $15,000 annual maintenance costs
could be reduced.
Upon receipt of the proof of financing or in-kind
services and communications from California Water
and Pacific Gas and Electric, we would recommend
that the City proceed with this worthwhile venture.
Upon a motion by Councilman Christensen, Auditorium and
Community Services Committee Report No. 12-84, regarding Handicappod
Playffround, was accepted; and recommendations as outlined in the
report were approved.
Councilman Rockoff, Chairman of the Budget and Finance
Committee, read Report No. 29-84 regarding Acquisition of Rudnick
Property for Auditorium Parking, as follows:
For several years, the City has identified a
deficiency in available parking at the Civic
Auditorium. In an attempt to alleviate the
parking deficiency, the City previously attempted
to acquire property located at 1500 "Q" Street
from the Rudnick estate. The property is located
directly across the street from the Civic Auditorium
and is in a location ideally suited for additional
parking for the Civic Auditorium.
In 1980, revenue sharing funds were set aside and
the City Attorney was directed to attempt to
acquire the property at ]500 "Q" Street from the
Rudnick estate. On December 9, ]980, a court
order was issued, pursuant to an agreement
reached between the City and the receiver of the
estate, authorizing the sale of the property to
the City. However, the estate continued in
litigation until last year when an appellate court,
in effect, invalidated prior rulings of the lower
court. The estate continues to be under the juris-
diction of the court. Thus, the sale never occurred.
Attempts were recently made to acquire the property
by purchase. The City has now been advised that the
acquisition may only be possible if the City
institutes Eminent Domain proceedings. The property
is located within the proposed convention hotel
site, and, if acquired by the City, could later be
sold to the Redevelopment Agency which would also
use the property for parking.
The Budget and Finance Committee recommends that the
City Council direct the City Attorney to proceed in
Eminent Domain to acquire the Rudnick estate property
for parking uses for the Civic Auditorium. In order
to initiate the Eminent Domain proceedings, the Com-
mittee recommends that the City Council set November
14, ~984, as the date for consideration of adoption
of a Resolution of Necessity for the acquisition of
the property.
Bakersfield, California, October 17, 1984 Page 5
Upon a motion by Councilman Rockoff, Budget and Finance
Committee Report No. 29-84, regarding Acquisition of Rudnick
Property for Auditorium Parking was accepted.
Upon a motion by Councilman Rockoff, the City Attorney
was directed to proceed with Eminent Domain procedures to acquire
the Rudnick estate property for parking uses for the Civic Auditorium;
and November 14, 1984 was set as the date for consideration of adoption
of a Resolution of Necessity for the acquisition of tile property.
Councilman Rockoff, Chairman of Budget and Finance Com-
mittee, read Report No. 30-84 regarding Amendment to Contract No.
82-45 with Kern Refuse Disposal Inc., regarding Refuse Collection,
as follows:
On March 31, 1982, the City of Bakersfield
entered into an agreement with Kern Refuse
Disposal, Inc. for providing refuse collec-
tion services in the City of Bakersfield.
The contract provided the determination of annual
increases would be made pursuant to criteria as
provided in the contractual document. The
criteria involved a number of variables requir-
ing discretionary determination by the Public
Works Director. Kern Refuse Disposal, Inc.
requested that a simplified formula be used for
determining increases or decreases in the rate
paid by the City to the refuse collectors.
The formula recommended by the refuse collectors
and the Public Works Director is one which com-
pares the Consumer Price Index from the previous
year with the current Consumer Price Index.
Differences in that index will result in an
increase of like percentage in the refuse con-
tract. The Committee reviewed this formula and
believes that it is an equitable means of adjust-
ing the annual contract Fee.
However, the Committee felt that the formula should
only be used for a three-year test period. Con-
sequently, the Committee recommends that the con-
tract between the City and Kern Refuse Disposal,
Inc. be amended to provide increases based upon
the Consumer Price Index over the next three-year
period, after which the contract shall automatically
revert to the method that presently exists. At
the end of the three-year period the City will have
an opportunity to evaluate the performance of this
formula.
The Committee recommends that the City Council
authorize the Mayor to execute an amendment to
Contract No. 82-45 between the City of Bakersfield
and Kern Refuse Disposal, Inc. consistent with this
report.
140
Bakersfield, California, October 17, 1984 - Page 6
Upon a motion by Councilman Rockoff, Budget and Finance
Committee Report No. 30-84, regarding Amendment to Contract No.
82-45 with Kern Refuse Disposal Inc., regarding Refuse Collection,
was accepted.
Upon a motion by Councilman Rockoff, the contract between
the City and Kern Refuse Disposal, Inc., was amended to provide
increases based upon the Consumer Price Index over the next three-
year period and the Mayor was authorized to execute the contract;
after which the contract shall automatically revert to the method
that presently exists, and at the end of the three-year period, the
City will have an opportunity to evaluate the performance of this
formula.
City Manager Caravalho presented the Proposed Reorganiza--
tion Plan of the City's Management Structure and Departments, as
follows: and requested the Council refer the proposal to the
Governmental Efficiency and Personnel Committee to return to the
Council with a full report on October 31, 1984. He stated he wished
to point out, at the onset, that his proposal has no bearing on the
performance of the current structure of the organization, but is
based on his own perception in terms of talking to people, their
interests, and trying to
effective way possible.
the process of assessing
structure the organization in the most
For the last three months he has been in
the organization and community needs, goals
and priorities.
organizational structure in terms of the City's
in[[ those goals. It is his assessment that the
there is a major priority and interest in rapid
He has also taken the opportunity to assess the
capability 9f address-
community feels
growth, economic
development plans and redevelopment. In terms of dealing with this
priority, within the structure, the organizat~o~ is fractionalized.
The Building and Planning Divisions report to and are under the
Director of Fire and Development Services. The Economic Development
Division reports to the City Manager and Housing and Community Develop-
ment Division report to the Assistant City Manager. With a new
Bake ?s:fi eld, California, October 17, 1984 Page 7
City Manager, with new perspectives; a vacancy in an Assistant CitF
Manager position: and the announced retirement of an tssista~t Public
Works Director; this is a three-fold opportunity to bring about
changes to address the community's needs. The advantages in this
proposal are to provide a focal point for leadership and a coordinator
of planning and economic development in the City; restructure the
Manager's Office with staff support; provide a stronger organizational
and budget analysis capability; more effectively distribute the work
and streamline management; save money, if possible; and utilize
existing personnel where possible. He is also interested in start-
ing an early recruitment process so the new budget can be prepared
under the new organizational structure and with the assistance of
whatever new personnel is recruited.
City Manager Caravalho ontlined the current organizational
structure as follows:
WATER RESOURCES
Agricultural Water
Domestic Water
Waste Water
FIRE AND DEVELOPMENT SERVICES
Traditional Fire Services
City Planning
Advance Planning
City Building
POLICE
Traditional Police Services
AUDITORIUM
PUBLIC WORKS
Administration
Engineering
Streets
General Services
Sanitation
Parks & Equipment
ASSISTANT CITY MANAGER-PERSONNEL
Community Development
Personnel
Recreation
ASSISTANT CITY MANAGER-FINANCE
Finance
Data Processing
Internal Auditing
142
Bakersfield. California, October 17, 1984 - Page 8
City Manager Caravalho outlined the proposed reorganiza-
tion as follows:
COMMUNITY SERVICES
Agriculture & Domestic Water
Sanitation (previously under Public Works)
Parks (previously under Public Works)
Recreation (previously under Asst. City Manager)
Waste Water
PUBLIC SERVICES
Engineering
Streets
(previously Water Resources)
General Services
Equipment
POLICE SERVICES
Remains the Same
ADMINISTRATIVE SERVICES
City Clerk
Finance
Personnel
Employee Relations
Data Processing
FIRE SERVICES
Traditional Fire Services
Relinquishment of Planning & Building Departments
DEVELOPMENT SERVICES
Economic Development
Planning
Building
ttousing and Community Development
AUDITORIUM SERVICES
Remains the Same
CITY MANAGER'S OFFICE
Budget AnaIyst
Assistant to the City Manager
Internal Auditor (previously Finance Department)
The Department of Administrative Services will be under
the Assistant City ~ianager-Personnel, who will be responsible for
the day-to-day operations of the internal affairs of the City. A
new Department of Development Services will be formed under the
direction of a Deputy City Manager, which will be the first new
position proposed and is a reclassification of one of the existing
positions. A Budget Analyst Position, originally approved in the
1984-85 Budget~ will be in the City Manager's Office. There is also
proposed an Assistant to the City Manager, which is essentially a
downgrading of the Assistant City Manager-Finance position to a
staff position that will be involved in inter-governmental relations.
Bakersfield, California, October 17, 1984 - Page 9
143
The Internal Auditor will be moved [rom Finance to the City Manager's
Office so that person reports directly to the City Manager.
On an annual basis, for the two positions being deleted;
Assistant Public Works Director, el'fective June 28, 1!)85; and Assi,~-
rant City Manager, the City w~11 save $146,000. The proposed reori~an-
ization will include creating a Deputy City Manager Position-Develop-
ment; with total compensation of approximat(,ly $65,000 and Assistal~t
to the City Manager; with total compensation of approximately
$43,000; for a total of $108,000. Adjustments are proposed for
positions most directly inw>lved in the changes that total $19,1S9.
The total expenditure will be $127,189, which will be a total savings
on an annual basis, of $18,811. The Deputy City Manager-Development
will be responsible for Planning,
Housing and Community
Manager will locus on
ments. In particular,
and in organizational
Development.
legislation
with grant
development
Building, Economic I)evelopment,
The Assistant to the City
and assist the various depart-
applications, special projects,
and productivity improvement.
This position will provide staff support to the Council and Council
Committees and will deal with public information and organizational
information. Recently an employee attitude survey was conducted ard
one of the issues that came out of the survey was some rather serious
problems of lack of communication 5nternally. There has also been
a desire indicated by people in the community to be better educatec
about government. This position will also provide support on budget
and labor relations as needed.
After some discussion, upon a motion by Councilman Payne,
the Proposed Reorganization Plan was referred to the Governmental
Efficiency and Personnel Committee for study and recommendation back
to the Council.
14,1
Bakersfield, California, October 17, 1984 - Page 10
The
(a)
(h)
(c)
(d)
(f)
(h)
(i)
(J)
CONSENT CALENDAR
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 1458 to 1728,
inclusive, in the, amount of $1,184,878.92.
Claim for Damages and Personal Injuries from
Sandra K. Coffman, c/o Attorney Michael O.
Daniels, 1430 Truxtun Avenue, Suite 500,
Bakersfield. (Refer to City Attorney)
Claim for Damages and Personal
from Viola Henry, c/o Harry M.
Attorney at Law, P.O. Box 647,
(Refer to City Attorney)
Reynolds,
Tehachapi.
Claim for Damages and Personal Injuries from
C. Willie Bundy, c/o Harry M. Reynolds,
Attorney at Law, P.O. Box 647, Tehachapi.
(Refer to City Attorney)
Claim for Damages from Clark Stewart Brannin,
124-A Wilson Avenue, Oildale. (Refer to
City Attorney)
Claim for Personal Injuries from Margaret
Delmatta, 631 33rd Street, Bakersfield.
(Refer to City Attorney)
Claim for Damages from William A. Knight,
3800 "Q" Street, Bakersfield. (Refer to
City Attorney)
Claim for Personal Injuries from Ernestine
and James Ayers, c/o Law Offices of George
A. Boyle, 416 Truxtun Avenue, Bakersfield.
(Refer to City Attorney)
Claim for Personal Injuries
Brownlee, llO1 Union Avenue
(Refer to City Attorney)
from Debra Ladine
#256, Bakersfield.
Claim for Damages from Diana Oresco, 1018
Owens Street, Bakersfield. (Refer to City
Attorney)
Street Right-of-Way Deed from Charles Lum
for dedication of a portion of Planz Road,
to allow widening to design width, between
Kennedy Way and Johnson Court.
Street Right-of-Way Dedication and Line-of-
Sight Easement from Sill Properties providing
an easement for line-of-sight purposes and
an additional dedJcation of street right-of-
way for Arrow Street as required by Planning
Commission for Parcel Map 7035, Iotated west
of Sillect Avenue and south of Gillmore Street.
Bakersfield, California, October 17, 1984 - Page
145
(d), (e),
(r), and
roll call
Ayes:
(m)
(n)
Temporary Storm Drain Easement and Permanent
Storm Drain Easement from Westminster Ceramics,
Inc., for construction and maintenance of
storm drain lines within the Westminster
Ceramics facility located at the southeast
corner of Brundage Lane and Mt. Vernon Avenue.
(o)
Quitclaim Deed to release an access ease-
ment from City of Bakersfield to Anton
Caratan and Son; and an Access Easemenl:
from Anton Caratan and Son to the City of
Bakersfield, providing all equal transfer
o[ an easement for access purposes as
required by the Planning Commission for
Parcel Map 7351, located at the southwest
corner of 19th Street and Oak Street.
(p)
Grant Deed from City of Bakersfield to
Kern Union High School District. On
October 3, 1984, the City Council approved
the sale of sewer farm ]and to the Dis--
trict. This deed describes the property
and incorporates a condition of sale as
defined in the ~rowlh and Development
Committee Report.
(q)
Improvement Agreement for Parcel Map No.
7035, with Sill Properties, Inc., for
construction of improvements required by
the Planning Commission with Parcel Map
No. 7035, located west el' Sil]ect Avenue
and south of Gilmore Street.
(r)
Improvement Agreement for Parcel Map No.
7353, with Atlantic Richfield Company
for construction el' improvements required
by the Plann]ng Commission with Parcel
Man No. 7353, located between White Lane
and Pacheco Road, north and south, and
Sonth "H" Street and Hughes Lane, east
and west.
(s)
Plans and Specifications for Resurfacing
a portion of Planz Road providing an
asphalt concrete overlay for Planz Road
between Wible Road and Stine Road.
Plans and Specifications for Street Improve-
merits providing an asphalt concrete overlay
for District Boulevard west of Stine Road,
and provides widening and reconstruction of
Wible Road between Pacheco Road and Garland
Avenue.
Upon a motion by Councilman Rockoff, Items (a), (b), (c),
(f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p), (q),
(s) of the Consent Calendar, were adopted by the following
vote:
Counci]men Moore, Payne, Ratty, Rockoff, Barton, Childs,
Christensen
Noes: None
Absent: None
146
Bakersfield, California, October 17, 1984 - Page 12
ACTION ON BIDS
Upon a motion by Councilman Rockoff, bid of Granite
Construction Company, in the amount of $24,254.00, for construc-
tion of Shalimar Planned Drainage Improvements, Phase II in Fair-
fax Road between Valley View Drive and Highland Knolls Drive, was
accepted, and the Mayor authorized to execute the contract.
Upon a motion by Councilman Christensen, low bids of
Applied Traffic Technology (two it~ms), in the amount of $6,932.40
and Econolite Control Products (on~ item), in the amount of
$],007.00, for Controllers and Test Equipment, were accepted.
Upon a motion by Councilman Payne, bid of Royce Photo/
Graphics Supply, Inc., in the amount of $12,147.60 for Image Maker
£or the Police Department Crime Lab, was accepted.
Upon a motion by Councilman Payne, low bid of James G.
Francis, in the amount of $300,044.50, for reconstruction of Stine
Road from Panama Lane to Pacheco Road, was accepted, all other bids;
rejected and the Mayor authorized to execute the contract.
Upon a motion by Councilman Childs, low bid of Akri
Construction Services Corporation, in the amount of $5,113.44, for
Firehose Drying Tower, was accepted, and all other bids rejected.
Upon a motion by Councilman Moore, low bid of Treasure
Cove, Ltd., in the amount of $1,394.00 per month, for Landscape
Maintenance of Sundale Medians (New Stine to River Oaks Boulevard);
Gosford Road Medians (Stockdale to Ming Avenue); and Chester Avenue
Underpass (Chester Avenue and 34th Street); was accepted; all other
bids rejected and the l{ayor authorized to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2940 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 Rosedale
No. 2 Annexation.
Bakersfield, California, October 17, 1984 - Page 13
147
This amendment would prezone property owned by Republic
Supply Company (by the Robert P. Warmington Company) to a C-2
Commercial) or more restrictive Zone.
The Planning Commission recommended approval of the pre-
zoning for the Rosedale No. 2 Annexation territory to the City
Council on Ju]y 19, ]984.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2940 New Series of the Council of the City of
Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Ma!))
of the Municipal Code of the City of Bakersfield regarding prezoning
of property known as Rosedale No.
consistent with the General Plan,
roll call vote:
Councilmen Moore, Payne,
Christensen
Ayes:
Noes: None
Absent: None
2 Annexation, finding said zoning
were adopted by the following
Ratty, Rockoff, Barton, Childs
NEW BUSINESS
First reading of an Ordinance of the
Council of the Ci[y of Bakersfield
amending Section ~7.12.010 A. 2. of
the Bakersfield Municipal Come re]at-
ing to keeping large animals on lots
in R-S (Residential Suburban) Zones.
The present City Ordinance permits the keeDing of bovine
animals: horses, burrows, mu]es, sheep and goats at the ratio o[ o~e
adult animal per one-half acre. This ordinance would increase that
ratio to one adult animal per one-quarter acre which would conform
to the County R-S Zoning regulations. This matter was heard by the
Planning Commission September 20 ]984, and recommended for approval.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.12.010 A. 2.
of the Bakersfield Municipal Code relating to keeping large animals
on lots in R-S (Residential Suburban) Zones.
148
Bakersfield, California, October 17, 1984 - Page ].4
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of Bakers-
field located on the, southeast corner
of Harris Road and Wible Road.
Application for the amendment was made by Harry C.
El]ingston, Jr., for Thomas Antongiovanni and would change subject
properties from an A (Agricultural) Zone to an R-1 (One Family
Dwelling), or more restrictive Zone.
The Planning Commission recommended approval of this
amendment to the City Council.
First reading considered given an Ordinance amending Title
Seventeen of the Municipal Code of the City of Bakersfield by chang-
ing the Land Use Zoning of that certain property in the City of
Bakersfield located on the southeast corner of Harris Road and Wible
Road.
Adoption of Resolution No. 83-84 of the
Council of the City of Bakersfield approv-
ing the Destruction of certain Obsolete
City Records, Documents, Instruments,
Books and Papers, Pursuant to Section 34090
Et Seq. of the Government Code of the State
of California.
Periodically, the City Clerk's Office destroys certain
records, documents, etc., pursuant to California Law. The City
Attorney has approved the destruction of these records. A Resolu-
tion of the City Council completes the action necessary prior to
destruction.
Upon a motion by Councilman Christensen, Resolution No.
83-84 of the Council of the City of Bakersfield approving the
Destruction of Certain Obsolete City Records, Documents, Instru-
ments, Books and Papers, Pursuant to Section 34090 Et Seq. of the
Government Code of the State oF California, was adopted by the
following roll call vote:
Ayes Councilmen Moore, Payne, Ratty, Rockoff, Barton, Childs,
Christensen
Noes None
Absent: None
Bakersl'ield, California, October 17, 1984 - Page 15
149
Approval of Agreement between City of
Bakersfield and Tenneco Realty Develop-
ment Corporation.
The City has a budgeted project to widen Wible Road end
extend the Pipe Culvert at Branch No. 1. As a condition of Parcel
Map 7145, Tenneco has the responsibility for widening Wible Road
and placing the Branch No. 1 Canal in conduit.
This agreement provides flor Tenneco to extend the culvert
with their project and for the City to widen the entire width of
Wible Road with their project. The staff has determined that the
phases of work exchanged has equal value.
Upon a motion by Councilman Childs, Agreement between Ci-~y
of Bakersfield and Tennneco Realty Development Corporation, was
approved and the Mayor authorized to execute same.
Approval of Spreading and Extraction
Agreement between the City of Bakers-
field and Kern County Water Agency.
This long-term Spreading and Extraction Agreement between
the City of Bakersfield and Kern County Water Agency provides the
terms and conditions under which the Agency may spread, bank and
extract water from C[ty's 2,800 acres. This agreement was recommended
for adoption by the City Water Board on October 17, 1984.
Upon a motion by Councilman Barton, Spreading and Extrac-
tion Agreement between the City of Bakersfield and Kern County Water
Agency was approved and the Mayor authorized to execute same.
Councilman Barton stated this agreement ~s the culmination
of many years of negotiation between the Water Board and City Staff
wJth the Kern County Water Agency to develop a water agreement that is
beneficial, not only to the City, but also very beneficial to water
interests in Kern County and especially to the economy of our County.
He was pleased and proud to compliment City Staff for reaching an
agreement.
Approval of Letter Agreement between
City of Bakersfield and Kern County
Water Agency regarding water spread
by the Agency in ]98l.
150
Bakersfield, California, October ]7, 1984 - Page 16
This letter agreement between the Kern County Water
Agency and the City of Bakersfield provides that the water spread
by the Agency in 1981 under an "Interim Agreement" shall conform
to the terms and conditions of the long-term "Spreading and Extrac-
tion Agreement." This letter agreement was recommended for adoption
by the City Water Board on October 17, 1984.
Upon a motion by Councilman Barton, Letter Agreement between
City of Bakersfield and Kern County Water Agency regarding water
spread by the Agency in 1981, was approved and the Mayor authorized
to execute same.
Approval o[ Memorandum of Understanding
(MOU) between the County of Kern and
the City of Bakersfield.
This Memorandum of Understanding is regarding generation
of a speci[ic plan for an application for an Enterprise Zone to the
State oF Calt[ornia.
Upon a motion by Councilman Childs, Memorandum of Under-
standing (MOU) between the County of Kern and the City of Bakers-
fie]d, was approved and the Mayor authorized to execute same.
Approval of Request for Authorization
to enter into Discount Agreements For
Miscellaneous Supplies.
The Finance Department r~,quests Council authorization to
negotiate a discount agreement with a supplier. Discount agreements
are informal miscellaneous supply contracts that the Purchasing
Division has pre-negotiated prices on and are for supplies of a
nature that do not lend themselves to other purchasing programs.
Examples are engine parts, printJng, and plumbing supplies.
Upon a motion by Councilman Rockelf, authorization for
Purchasing Division of the Finance Department to enter into Discount
Bakersfield, California, October 17, 1984 - Page 17
151
Agreements with Abbott's Crankshaft and Machlne Company, Ming Copy
Works and H & L Supnly, Inc., was approved.
ADJOURNMENT
There being no furlher business to come before the Council
upon a motion by Councilman Christensen, the meeting was adjourned
at 8:10 P.M.
ATTEST:
MASfOR of t,~/ity of t~akersfJeld, Calif.
CITY ~CLE~K and Ex Officio Clerk of the Council
of the City of Bakersfield, California
CW
152
Bakersfield, California, October 3l, 1984
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 31, 198d.
The meeting was called to order by Hayer Shell, followed
by the Pledge of Allegiance and Invocation by Police Chief Robert
O. Price.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Payne, Ratty, Rockoff, Childs,
Moore
Absent: Councilmen Barton, Christensen
STUDENT GOVERNMENT DAY PARTICIPANTS
Mayor Shell welcomed and introduced the student counter-
parts for Mayor, members of the Council and City Manager, who will
be participating in the Annual Student Government Day, November 7,
1984, as follows:
Mayor
Councilperson
Councilman
Councilperson
Councilperson
Councilperson
Councilperson
Councilman
City Manager
Joyce Chao
Karen Banducci
Willy Duncan
Dawn Gentry
Shelly Helton
Andrea Mundorf
Bryn Randolph
Mike Riccomini
Tim Schmidt
East Bakersfield High School
West High School
North High School
South High School
Foothill High School
Highland High School
Bakersfield Iligh School
Garces High School
Omega High School
COUNCIL STATEMENTS
Councilman Payne stated he has received numerous telephone
calls relative to noise very early in the mornings :from construction,
sanitation trucks and gardeners. This matter was referred to the
Growth and Development Committee several months ago and he requested
that they expedite their evaluation, if at all possible.
REPORTS
Councilman Rockoff, Chairman of the Budget and Finance
Committee, read Report No. 31-84 re~arding City Contribution to
Retired Employee's Health Plan, as follows:
On June 20, 1984, this Council referred corre-
spondence from the Retired Employees representative
regarding medical insuran~te to this Committee
for review and recommendation. Subsequently,
the retired employees submitted a proposal which
is summarized below.
Bakersfield, California, October 81, 1984 - Page 2
i53
The City will contribute two percent (2%) of
the single monthly premium for each year of
service for single party coverage and will
contribute one and one half percent (1½) of
the two-party monthly premium for each year
of service for all other eligible participants.
Further, for employees retiring after January
1, 1985, only those employees with fifteen er
more years of service would be eligible for
the City's contribution.
Councilman Rockoff stated he tinderstands the last sentence
in the second paragraph has been changed to read:
Further, for employees hired after January 1,
1985, only those employees with fifteep or
more years of service would be eligible for
the City's contribution.
City Manager Caravalho stated he was unaware of that
change and would not recommend it.
The City initiated a program in 1982-83 of
assisting retired City employees generally
living on fixed incomes by making contributions
to help defray the significant increases in
medical insurance cost experienced during the
recent years.
This Committee noted that this program would
achieve two goals:
Limiting the City's cost in the future by
requiring fifteen years of service prior
to eligibility.
Rewarding retired employees for significant
service to the City by gearing the amount
of the City's contribution to years of
service.
The estimated City contribution, based upon
current premiums, for this proposed plan to
include the remainder of the 1984-85 Fiscal
Year is $88,680, which is an increase of
$4,560 over the current plan. Adequate funds
have been budgeted to cover this increase.
This Committee recommends acceptance of this
report and implementation of the proposal,
effective January 1, 1985.
In answer to a question by Councilman Rockoff, City
Manager Caravalho stated There is only a minimal difference Jn the
proposal as it relates to the amount of outlay the City is currentlw
paying. What would happen if this change in language were approved,
is that. the City would incur a substantial increase Jn cost as the
City works through the process of the current hires versus all the
154
Bakersfield, California, October 31, 1984 - Page 3
new hires and this is his concern. During discussions he felt the
Council was trying to maintain expenditures at the current level
and that is why he objects to the change in the language in the
report, unless there is some legal reason that it should be changed.
If the Council is concerned about ~t, he would suggest that the
matter be deferred for a couple of weeks and send it back to the
Budget and Finance Committee.
Upon a motion by Councilman Rockoff, Budget and Finance
Committee Report No. 31-84 regarding City Contribution to Retired
Employee's Health Plan, was referred back to the Budget and Finance
Committee for further study.
Councilman Payne, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 14-84 regarding City
~anager's Proposed Reorganization, as follows:
Attached to this report is the City Manager's
proposed reorganization. Mr. Caravalho
presented this proposal at the October 17,
1924, City Council Meeting, at which time it
was referred to the Goveramental Efficiency
and Personnel Committee for further study and
recommendation. As pointed out in his report,
the City Manager has devoted substantial time
~n assessing the organization and familiarizing
himself with this City's needs and goals.
Through his efforts, it is evident that there
is a high interest and concern for growth,
economic development, and redevelopment of the
City.
In order to focus additional attention and
coordination of our planning and economic
development functions towards these goals, Mr.
Caravalho has reorganized the City's seven
departments as follows: Community Services
Department, Public Works Department, Police
Services, Administrative Services, Fire Serw[ces,
Development Services, and Auditorium Services.
The City Attorney's Office continues to report
directly to the City Council. In implementing
this reorganization, he has requested a new
classification of Deputy City Manager-Develop-
ment (salary range $3,608 to $4,361), a new
classification of Assistant to the City Manager
(salary range $2,602 to $3,136), changes in the
job specifications of Assistant to the City
Manager, Assistant Public Works Manager-Engineering,
Finance Director, and Assistant Finance Director.
He has also requested a salary adjustment, based
on total compensation, for the following classi-
fications:
Bakersfield, Cali[ornia, October 31. 1984 - Page 4
155
Economic Development Coordinator, 5%
Community Development Coordinator, 5%
Assistant Planning Director, 5%
Finance Director, 7.25%
Assistant Finance Director, 7 ~ c,
Deputy City Clerk, 15%
Total annual cost of these changes is $128,000.
However. he has requested the elimination of
one Assistant City Manager position and one
Assistant Public Works Director position,
effective July 1, 1985. This will result in
annual savings of $146,000. Therefore, the
overall net savings will amount to $18,000
per year.
The Governmental Efficiency and Personnel
Committee is in lull support o[ the City
Manager's reorganization. There[ore, we are
recomn~ending Council approval o[ the job
specifications and salary resolution.
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 14-84 regarding City Manager's
Proposed Reorganization, was accepted; City Manager's proposed
reorganization, was approved; and job specifications, were approved.
Adoption of Resolution No. 84-84 of
the Council of the City of Bakers-
field amending Resolution No. 99-83
setting salaries and related benefits
for Officers and Employees of the
City of Bakersfield.
Upon a motion by Councilman Payne, Resolution No. 84-84
of the Council of the City of Bakersfield amending Resolution No.
99-83 setting salaries and related benefits for Officers and
Employees of the City of Bakersfield, was adopted by t]he following
roll
Ayes
Noes
Absent:
call vote:
Councilmen Payne,
None
Councilmen Barton,
Councilman Moore,
Committee, read Report No.
follows:
Ratty, Rockoff, Childs. Moore
Christensen
member of the Growth and Development
12-84 regarding Site Plan Review, as
156
Bakersfield, California. October 31, 1984 - Page 5
The Growth and Development Committee has been
meeting with staff and developers throughout
the community during the past year in regards
to the City's Site Plan Review Policy. Attached
to this report is a letter from Mr. David Doll,
Executive Vice President of the Community
Coalition for Growth and Development and Jobs.
This letter is in regards to a report, which
is also attached, by this City's Engineering
Consultants, Linscott, Law & Greenspan, Inc.
Mr. Doll expressed his organJzation's approval
of one of the recommended alternatives in this
report; however, they had questions which
needed clarification. Subsequently, the Growth
and Development Committee held another meeting
with members of the Coalition and staff. As a
result, we have reached agreement and are now
prepared to submit the following recommendation
by the Council to the Planning Commission:
It is recommended by the City Council
that the Planning Commission adopt a
policy resolution regarding Site
Plan Review. The attached memorandum
from Dale Hawley to City Manager
George Caravalho regarding transpor-
tation system impact development fees
to be submitted to the Planning Com-
mission for its consideration in
developing a resolution for Site Plan
Review.
For the Council's information, staff has recom-
mended, and we are in support of, the development
of local off-site needs. The City will need to
hire two temporary Transportation Engineers
for approximately three months. Total cost for
labor and materials will be approximately $61,000
and will require six months to complete. Funds
are available as follows:
$41,000 from Unallocated Capital
Outlay Funds.
$10,000 from existing Engineering
Professional Services Account.
$10,000 from the Rewenue Sharing
Account.
These expenditures will be acted upon after
the Planning Commission has adopted and the
City Council has approved a policy resolution
regarding Site Plan Review. The existing Site
Plan Review Policy for Major Retail Projects
will continue in effect until the local off-
site needs are completed and a new ordinance
is adopted.
Upon a motion by Councilman Moore, Growth and Development
Committee Report No. 12-84 regarding Site Plan Review, was accepted.
Upon a motion by Councilman Moore, recommendations as
outlined in Growth and Development Committee Report No. 12-84
regarding Site Plan Review, were approved.
Bakersfield, California, October 31, 1984 - Page 6
157
Councilman Rockoff, member of the Growth and Development
Committee, read Report No. 13-84 regarding Traffic Problems Near
Bakersfield City Schools, as follows:
At the October 17, 1984, City Council Meeting,
~s. Lily Nahama, representing the Bakersfield
City School Board, requested the City's help
in arriving at a solution to a traffic problem
near Eissler Elementary School, Chipman Junior
High, and Highland High School. The City
Schools have been working with City staff on
this problem for several years. However, due
to a large undeveloped section of land located
north of the schools the traffic circulation
has not been completed. The property is owned
by Giumarra Brothers Fruit Company.
This Committee met last week with John Giumarra
who was representing the owners of this property.
We are pleased to report that significant
progress was made at tbJs meeting, and the staff
is presently working out details which we feel
will be acceptable to all parties. We have
scheduled a meeting with a committee from the
Bakersfield City Schools District for November
7, 1984, at 2:00 p.m. in [he City Manager's
Conference Room. We are in hopes that this
discussion will lead to a resolution of the
traffic problems near these schools.
A report will be forthcoming to the Council at
the conclusion of this meeting.
Upon a motion by Councilman Rockoff, Growth and Develop-
ment Committee Report No. 13-84 regarding Traffic Problems Near
Bakersfield City Schools, was accepted.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 1729 to 2111,
inclusive, in the amount of $1.065,460.12.
(b)
Claim for Damages from David Briggs, 1300
Murdock Street, Bakersfield. (Refer to
City Attorney)
(c)
Claim for Damages from Ricky R. Keel, ]12
Oregon Street, Bakersfield. (Refer to
City Attorney)
(d)
Claim for Damages and Personal Injuries
from Kimberly Thieman, 123 Beardsley
Avenue. Oildale. (Refer to City Attorney)
(e)
Claim for Damages from Kathleen Ann Caplnha,
101 E1Cerrito Drive, Bakersfield. (Refer
to City Attorney)
(f)
Claim for Damages and Personal Injuries
from Albert Hernandez, 11525 Davenrich,
Santa Fe Springs, California. (Refer to
City Attorney)
158
Bakersfield, California, October 31, 1984 - Page 7
(g)
(h)
(i)
(J)
(k)
(i)
(m)
(n)
(o)
(p)
(q)
Claim for Damages from Alvin J. and Mary
C. Thompson, 6112 Diamond Oaks Avenue,
Bakersfield. (Refer to City Attorney)
Claim for Damages for False Arrest and
Imprisonment from Howard Lloyd Jones,
5913 Camp Street, Bakersfield. (Refer
to City Attorney)
Grant of Easement from Tenneco Realty
Development Corporation for construction,
operation and maintenance of a domestic
water well in proposed Pin Oak Park,
located on Mill Oak Run, north of Park
View Drive.
Public Utility Easement from the City of
Bakersfield to Pacific Gas and Electric
Company for underground electrical
facilities through a portion of University
Park, located south of University Avenue,
west of Hission Hills Street.
Road Easement from Tenneco Realty Develop-
ment Corporation fer public road purposes
as required for land development north of
Ming Avenue between Gosford Road and Old
River Road.
Flap of Tract No. 4581 and Improvement
Agreement with Community Construction,
Inc., for construction of improvements
therein, located at the southwest corner
of University Avenue and LaCosta Street.
Map of Tract No. 4694 and Improvement
Agreement with Parkdale Building Company
for construction of improvements therein,
located at the southwest corner of Truxtun
Avenue and Quailridge Drive, west of
Coffee Road.
Map of Tract No. 4726 and Improvement
Agreement with U. S. tfome Corporation
for construction of improvements therein,
located east of Stine Road between Planz
Road and White Lane.
Map of Tract No. 4729 with Coleman
Construction, Inc., located on the south
side of Ming Avenue between Gosford Road
and Ashe Road.
Map of Tract No. 4745 with Steven M.
Fowler, located on the southwest corner
of Alta Vista Drive and Jefferson Street.
Notice of Completion and Acceptance of
Work on furnishing Manufactured Electrical
Panel Board for Ashe Water Pumping Station
No. ], Contract No. 24-61 with Custom
Control Panels.
Bakersfield, California, October 31, 1984 Page 8
(r) Notices of Completion and Acceptance of
Work on:
(s)
(t)
Resurfacing Panorama Drive and Oswell
Street, Federal Aid Urban Project No.
M-3007(6), Contract No. 84-198 with James
G. Francis.
Maywood Storm Drain Construction, Contract
No. 83-218 with James G. Francis.
Resurfacing a portion of Planz Road
between South Chester Avenue and Union
Avenue, Federal Aid Urban Project No.
M-F 245(1), Contract No. 84-216 with
Griffith Company.
Tract No. 4678, Contract No. 84-29 with
Hayes Plumbing, Inc., located west of
South "H" Street and south of Faith Avenue.
Tract No. 4651, Contract No. 84-23 with
St. Clair and Kern County Builders, Inc.,
located at Fairview Road, west of South
"H" Street.
Parcel Map No. 5700~ Contract No. 80-195
with Tenneco Realty Development Corporation,
located at the northeast corner of Stockdale
Highway and Gosford Road.
Parcel Map No. 6550, Contract No. 82-146
with Stockdale Partners, located at
District Boulevard, east of Ashe Road.
Parcel Map No. 6987, Contract No. 83-1S4
with J. L. Denio, Inc., located at Planz
Road, east of SouTh Union Avenue.
Application for Encroachment Permit from
Mercy Hospital, 2215 Truxtun Avenue,
Bakersfield, for installation of a
temporary office identification sign
located i1 feet behind the curb and 3
feet within the right-of-way at 2117 -
16th Street. The proposed sign was
reviewed by the Building Department.
Contract Change Order No. 1 to Contract
No. 84-228 with Union Engineering Company,
Inc., for realignment of the Kern Island
Canal from Faith Avenue to 700' south of
Panama Lane and construction of a Bridge
at Panama Lane and Kern Island Canal.
This Change Order is necessary to avoid
a sewer main within the street right-of-way
on Panama Lane. The box culvert will be
raised 0.95 feet, requiring a reduction
in the structure excavation and backfill
quantities and requiring the contract to
alter the planned method of operation in
order to work around the sewer main.
160
Bakersfield, California, October 31, 1984 - Page 9
(u) Agreement between the City of Bakersfield
and Motorola Communications and Electronics,
Inc., for constructing and equipping the
Kelso Radio Communications Site.
(v) Agreement between the City of Bakersfield
and Jessie George Cooper, Sara G. Cooper
and Kenneth F. Cooper providing the terms
and conditions for sale of a surplus
parcel of City owned property across from
the Corporation Yard to the Coopers.
(w) Request for Leave of Absence Without Pay
for Police Department's Community Service
Technician Rosie Rosales. Ms. Rosales
is presently on a 30-day leave of absence
without pay for maternity reasons, which
terminated October 25, 1984. She is
requesting an additional 37 day leave of
absence, which will carry her to December
l, 1984.
Upon a motion by Councilman Rockoff, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(q), (r), (s), (t), (u), (v) and (w) of the Consent Calendar, were
adopted by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Rockoff, Childs, Moore
Noes: None
Absent: Councilmen Barton, Christensen
ACTION ON BIDS
Upon a motion by Councilman Ratty, low bid of Overhead
Door Company, in the amount of $6,548.00, for Electric Door
Operators, was accepted and all other bids rejected.
Upon a motion by Councilman Childs, bid of Kern Turf
Supply, in the amount of $15,840.25, for Annual Contract for PVC
Pipe and Sprinklers, was accepted and the Mayor was authorized to
execute the contract.
Upon a motion by Councilman Moore, low bid of Halprin
Supply Company, in the amount of $15.685.88, for Breathing Apparatus
and Bottles, was accepted and the other bid rejected.
Upon a motion by Councilman Payne, bid of Martin L.
Kaiser, Inc., in the amount of $9,789.10, for Bomb Disposal Unit,
was accepted.
Upon a motion by Councilman Childs, bid of American
Seating. in the amount of $19,856.24, for Auditorium Seat Upholstery,
was accepted.
Bakersfield, California, October 31, 1984 - Page 10
161
Upon a motion by Councilman Moore, low bid of Jerry L.
Myers Contractors, in the amount of $27,190.00, for construction
of Centennial Park Sump Improvements, Phase I, was relieved due to
an error in preparing the bid; second lowest bid of Micon Construc-
tion, in the amount of $48,527,34, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract: and
Contract Change Order No. 1 to delete an ltem to replace lawn
damaged by construction, decreasing the total cost of the project
from $48,527.34 to $41,047.34, was approved.
Upon a motion by Councilman Payne, low bid of Intersection
Management Systems, Inc., in the amount of $156,294.00, for Traffic
Signal System on White Lane at Fambrough Drive, White Lane at Stine
Road and Planz Road at Stine Road, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Childs, low bids of Windsor
Industries (1 item), in the amount of $10,716.60, and San Joaquin
Supply (2 items), in the amount of $2,687.38, for Carpet Cleaning
Machines, were accepted and all other bids rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 2941 New
Series of the Council of the City of
Bakersfield amending Section 17.12.010
A. 2. of the Bakersfield Municipal
Code relating to Keeping Large Animals
on Lots in R-S (Residential Suburban)
Zones.
Upon a motion by Councilman Payne~ Ordinance No. 2941
New Series of the Council of the City of Bakersfield amending
Section 17.12.010 A. 2. o[ the Bakersfield Municipal Code relating
to Keeping Large Animals on Lots in R-S (Residential Suburban) Zones,
was adopted by the following roll
Ayes
Noes
Absent:
Councilmen Payne, Ratty,
None
call vote:
Rockoff, Childs, Moore
Councilmen Barton, Christensen
]¸62
Bakersfield~ California, October 31, 1984 - Page
Continuance of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.53.051 of the
Bakersfield Municipal Code relative
to Site Plan Review Policies and
Objectives.
This ordinance was given first reading at the meeting of
January 11, ]984, and action on this item deferred from the meeting
of October 3, 1984.
Upon a motion by Councilman Ratty, Ordinance of the
Council of the City of Bakersfield amending Section 17.53.051 of
the Bakersfield Municipal Code relative to Site Plan Review
Policies and Objectives, was continued by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmen Payne, Ratty, Rockoff, Childs. Moore
None
Councilmen Barton, Christensen
Adoption of Ordinance No, 2942 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 that
certain property in the City of
Bakersfield located on the southeast
corner of Harris Road and Wible Road.
The application for this amendment was made by Harry C.
Ellingston, Jr., for Thomas Antongiovanni and would change subject
properties from an "A" (Agricultural) Zone to an R-1 (One Family
Dwelling) Zone.
The Planning Commission recommended approval of this
amendment.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2942 New Series o[ the Council of the City of
Bakersfield amending Title Seventeen of the Bakersfield Municipal
Code by changing the Land Use Zoning of that certain property in
the City of Bakersfield located on the southeast corner of Harris
Road and Wible Road, finding said zoning consistent with the General
Plan
Ayes
Noes
Absent:
were adopted by the following roll call vote:
Councilmen Payne, Ratty, Rockoff, Childs, Moore
None
Councilmen Barton, Christensen
Bakersfield, California, October 31, 1984 - Page 12
HEARINGS
This is the time set for public hearing before the
Council on an Appeal by U. S. Home Corporation to the decision of
the Board of Zoning Adjustment denying their application for a
Modification to permit the elimination of the required five-foot
side yard setback on 156 lots in an MH (Mobilehome) Zone, on those
certain properties commonly known as 499 and 601Pacheco Road.
This hearing was duly advertised and the property owners
notified as required by law.
Mayor Shell declared the hearing open for public partici-
pation.
Mr. Walter Moore, representing U. S.
stated in 1980 the Board of Zoning Adjustment,
in the same subdivision, granted the developer a zoning adjustment
allowing a zero lot line where garages on adjacent property came
in contact with each other, with a one hour fire wall. There is
some confusion in the manner in which the application was submitted.
It calls for total elimination of the side yard setbacks and that
is not what they are requesting. They are requesting that the
Council grant, in effect, what City staff recommended, modifying
the five-foot setback down to three-feet. California Title 25 calls
for a six-foot separation between mobilehomes, as they relate to
Fire Codes. If granted the three-loot side yard separation would
not go beyond what California State law allows.
Mr. Allen Thompson, Construction Superintendent for U. S.
Home Corporation, stated the construction they are doing on the
site, at this time, generally, is the same as previous construction
by previous developers. They have maintained the proper distances
between the mobilehomes and garages/carports as required by Title
25 of the State of California. If the Council eliminates the side
yard setback then Title 25 would come into play, requiring a
minimum three-foot setback. Mr. Thompson presented a petition,
signed by 21 property owners, supporting their request for a
modification of the minimum side yard setback from five-feet to
three-feet in Heritage Estates.
Home Corporation,
in a similar situation
Bakersfield, California, October 3], 1984
Page 13
Mr. Alex Finkle, 499 Pacheco Road, No. 218, stated he
strongly opposes this modification, because he would like to keep
as much distance between his home and the home being constructed
next door for light and fire prevention, etc. When he purchased
his property he was forced to have a five-foot setback and had to
buy additional property to enable him to place his home the way
he wanted it. When U. S. Home Corporation purchased the property
they were well aware of the fact that the lots were small.
Mr. Frank Maltone, 601Pacheco Road, No. 194, stated
several months ago U. S. Home Corporation set a mobilehome on Lot
195, three-feet from the property ]ine. He cannot understand why
they are requesting the three-foot modification after they have
already done it. He felt five-feet is very close, three-feet is
worse and very strongly opposes this request.
Jean Cook stated she realizes that in some instances
the three-foot setback would be permissible. Director of Fire
and Development Services Needham assured her that in case of fire,
etc., that would be in order. Originally, when the subdivision
was planned, it was for the five-foot setback. If there is some
reason they cannot comply with that, then those lots can be
modified, rather than all of them.
No further protests or objections being received and no
one else wishing to speak in favor, ~ayor Shell closed the public
portion of the hearing for Council deliberation and action.
Councilman Rockoff stated the City has an ordinance that
states five-feet and there is probably a very good reason for it.
He is opposed to taking a whole tract of homes and subventing the
ordinance. He realizes there
lot, etc., but cannot vote to
whole tract of homes.
are specific instances regarding one
reduce the side yard setbacks on a
Councilman Rockoff made a motion to uphold the decision
of the Board of Zoning Adjustment and deny the Modification requested
by U. S. Home Corporation to permit the elimination of the required
Bakersfield, California, October 31, 1984 - Page
165
five-foot side yard setbacks on 156 lots in an MH (~1obilehome)
Zone, on those certain properties commonly known as 499 and 601
Pacheco Road.
In answer to a question by Councilman Ratty, City Attorney
Oberholzer stated the vote was split on the Board of Zoning Adjust-
ment. Director of Public Works tlawley and himself felt the granting
of this blanket type modification, for 156 lots, was not consistent
with the purposes of the City's Zoning Ordinance. There are ways
that can be achieved through zonings and this particular modification
was not necessary to secure an appropriate improvement on these lots.
The lots could be improved, for their use, with their current con-
figuration.
Councilman Ratty stated he agrees with the majority vote
of the Board of Zoning Adjustment, that there are other resources
to solving this problem on a lot by lot basis, therefore, he cannot
uphold the appeal.
Councilman Payne asked if this is a request by U. S.
Home Corporation to change the density of the subidivison or is it
merely to reorient the individual units on the lots. He also asked
if this creates a fire access problem.
Director of Ffre and Development Services Needham stated,
yes, to place them closer to the property line, if needed. When a
five-foot side yard setback is considered, which is standard for
fire access, that is only for a Firefighter walking through with
the material or fire hose, etc. There would be no way to get fire
apparatus or equipment through there. The ability to have access
to the side of a building, or from the front to the back going down
the side, would be reduced by two-foet, possibly making it a little
harder. On a five-foot side yard setback the eaves are allowed to
go into the setback, on a roof, three-feet. That means, if there
are two houses, five-feet from the same property line and there were
three-foot eaves, the eaves would be four-feet apart. If the
Council allows the mobilehomes, in this particular case, to be
166
Bakersfield, California, October 31, 1984 - Page 15
reduced to three-feet from the property line, the eaves cannot
encroach into that three-feet anymore than one-foot. In other
words, there still has to be four-feet between the eave lines.
This modification would allow the buildings to be closer, but not
the eave lines.
Councilman Childs asked if Mr. Walter Moore, U. S. Home
Corporation, was initially told that the three-foot setbacks would
be acceptable.
Director of Fire and Development Services Needham stated one
oF the Building Inspectors sent a letter to Mr. Moore stating that
three-foot side yard setbacks, subsequent to Chapter 2 of Title 25 -
Mobilehome Park Section, was in concurrence with that section, which
would lead Mr. Moore to think that it was okay. That letter was
sent and it was an erroneous statement. U. S. Home Corporation
purchased this property in December, 1983, and the letter was sent
in January, 1984.
In answer to a question by Councilman Childs, Mr. Walter
Moore stated the total number of lots in the subdivision is 256 and
of those approximately 100 have been built; 50 by U. S. Home
Corporation and 50 by the previous developer.
In answer to a question by Councilman Ratty, Mr. Walter
Moore stated some houses with certain combinations of parking
structures will work with the five-foot setback. The reason the
blanket application for the three-foot setbacks was made was at
the direction of City staff. He felt a reasonable solution to this
problem, if it meets City ordinances and other legal terms, would
be to allow the Planning and Building Directors to address this
matter on a lot by lot basis, with the provision that nothing be
allowed to be built that is less than three-feet.
City Attorney Oberholzer stated the Planning Director
cannot deviate from the Code unless there is a modification granted.
Carports do not require a modification, however, garages, because
they have walls, require a modification if they encroach on the fiw~-
foot side yard setback. City Attorney Oberholzer suggested that this
Bakersfield, California, October 31, 1984 - Page 16
hearing be continued until U. S. Home Corporation can come back to
the Council with specific lots for consideration.
Mayor Shell reopened the public portion o[ the hearing
for further consideration.
Councilman Rockoff withdrew his motion.
Upon a motion by Councilman Ratty, public hearing before
the Council on an Appeal by U. S. ttome Corporation to the decision
of the Board of Zoning Adjustment denying their application for a
Modification to permit the elimination of the required five-£oot
side yard setback on 156 lots in an MH (Mobilehome) Zone, on those
certain properties commonly known as 499 and 601Pacheco Road, was
continued until the Council Meeting of November 14, 1984, by 'the
following roll call vote:
Ayes:
Noes:
Absent:
Upon
a brief recess
8:20 P.M.
Councilmen Payne,
None
Councilmen Barton,
a motion by
at 8:10 P.M.
Ratty, Rockoff, Childs, Moore
Christensen
Councilman Payne, Mayor Shell declared
and reconvened the Council Meeting at
This amendment conforms the City's ordinance to restrictions
imposed by the State Supreme Court and provides for the prohibition
of topless and bottomless entertainment in businesses where alcholic
beverages are sold.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Chapter 9.12 of the
Bakersfield Municipal Code relating to Nude Entertainment.
Adoption of Emergency Ordinance No.
2943 New Series of the Council of the
City of Bakersfield adding Subsection
C to Section 17.69.070 of the Bakers-
field Municipal Code relating to
exceptions to requirements of Sections
17.69.030 and 17.69.040 A. of the
Bakersfield Municipal Code (Adult
Entertainment Establishments).
First reading o[ an Ordinance of the
Council of the City of Bakersfield
amending Chapter 9.12 of the Bakers-
field Municipal Code relating to Nude
Entertainment.
NEW BUSINESS
168
Bakersfield, California, October 31, 1984 - Page 17
filed soon.
the Council
regulations.
This Emergency Ordinance amends the Bakersfield Municipa]_
Code to specify that exceptions granted under Section 37.60.070 C.
are only for a one-year period, subject to renewal. The present
ordinance does not limit the exception period. The City has
received an application for an exception and action on that appli-
cation is pending. Additional applications are expected to be
By adopting this ordinance as an Emergency Ordinance,
insures that all exceptions are subject to the same
Upon a motion by Councilman Payne, Emergency Ordinance
No. 2943 New Series of the Council of the City of Bakersfield
adding Subsection C to Section 17.69.070 of the Bakersfield Municipal
Code relating to exceptions to requirements of Sections 17.60.030
and 17.69.040 A. of the Bakersfield Municipal Code (Adult Enter-
tainment Establishments), was adopted by the following roll call
vote
Ayes
Noes:
Absent:
Councilmen Payne, Ratty, Rockoff, Childs, Moore
Councilmen Barton. Christensen
Adoption of Resolution No. 85-84 of
the Council of the City of Bakers-
field determining that Sunrise Un-
limited has failed to fully complete
the work of improvement as required
by Agreement No. 78-102, Improvement
Agreement for Final Map No. 3933
Units A and B, and directing City
staff to provide the required notice,
complete the unfinished work and
collect the expenses incurred from
Sunrise Unlimited or its surety.
This resolution allows the City to foreclose on a Perfor-
mance Bond guaranteeing the completion of Charger Avenue by Sunrise
Unlimited.
Upon a motion by Councilman Rockoff, Resolution No. 85-84
of the Council of the City of Bakersfield determining that Sunrise
Unlimited has failed to fully complete the work of improvement as
required by Agreement No. 78-102, Improvement Agreement for Final
Map No. 3933 Units A and B, and directing City staff to provide the
Bakersfie]d, California, October 31, 1984 - Page 18
169
required notice, complete the unfinished work and collect the
expenses incurred from Sunrise Unlimited or its surety, was adopted
by the following roll call
Ayes: Councilmen Payne,
Noes: None
Absent: Councilmen Barton,
vote
Ratty Rockoff, Childs, Moore
Christensen
Adoption of Resolution No. 86-84 of
the Council of the City of Bakers-
field approving the Application for
Grant Funds under the 1984 California
Park and Recreation Facility Act for
development and improvements at
Fairfax Park.
The California Department of Parks and Recreation is now
receiving applications for grant funding under the State Park Bond
Act approved by voters on the June ballot. Funds will be awarded
on a competitive basis and applications for the 1984-85 Fiscal Year
funding must be received by the State by November 5, 1984.
This resolution authorizes the City Manager to apply for
State funds for developing a park site in Northeast Bakersfield,
southeasterly of the Fairfax Road-State Route 178 Intersection.
A Maintenance District (Maintenance District No. 8) was
formed by the City Council on July 24, 1984, for maintenance of the
park upon its completion.
Upon a motion by Councilman Rockoff, Resolution No. 86-84
of the Council of the City of Bakersfield approving the Application
for Grant Funds under the 1984 California Park and Recreational
Facility Act for development and improvements at Fairfax Park, was
adopted by the following roll call vote:
Ayes Councilmen Payne, Ratty, Rockoff, Childs, Moore
Noes None
Absent: Councilmen Barton, Christensen
Deferral of action on an Agreement
between the City of Bakersfield and
Gulf Oil Corporation providing for
relocation of Gulf Oil facilities
for construction of the Kern River
Bike Trail between Cal-State Bakers-
field and Beach Park.
170
Bakersfield, California, October 31, 1984 - Page 19
The City has budgeted a project to construct the Kern
River Bike Trail between Cal-State Bakersfield and Beach Park. A
portion of the Bike Trail crosses over a Gulf Oil lease having
various facilities, which will interfere with the construction.
This agreement provides for Gulf to relocate their facilities and
for the City to re~mburse Gulf for the actual cost of work, not to
exceed $44,000.00.
Councilman Ratty made a motion that Agreement between
the City of Bakersfield and Gulf Oil Corporation providing for
relocation of Gulf Oil facilities for construction of the Kern
River Bike Trail between Cal-State Bakersfield and Beach Park, be
approved and the ~ayor authorized to execute same.
Councilman Moore asked if an attempt was made, during
deliberations on this agreement, to negotiate the price
Gulf facilities and if they might be willing to make it
to the City of Bakersfield.
Director of Public Works Hawley stated this agreement
is based on cost estimates by Gulf Oil. Staff reviewed the cost
estimates and feel they are reasonable amounts. The $44,000.00
is actual construction costs for relocating their facilities.
There was no discussion with Gulf regarding contributing this to
the City of Bakersfield.
Councilman Moore offered a substitute motion that action
on Agreement between the City of Bakersfield and Gulf Oil Corporation
providing for relocation of Gulf Oil facilities for construction of
the Kern River Bike Trail between Cal-State Bakersfield and Beach
Park, be deferred until the Council Meeting of November 14, 1984,
to give the City Manager the opportunity to pursue the possible
negotiation of this fee. This motion was unanimously approved.
Approval of request for an Encroachment
Permit from Western Geophysical to
perform geophysical surveys along City
streets.
Western Geophysical requests permission to conduct geo-
physical "vibrosis" surveys along the following routes:
of relocating
a contribution
Bakersfield, California, October 31, 1984 - Page 20
Stockdale Highway/Brundage Lane from west
City Limits to east City Limits.
City Limits.
They agree to complete the
the City, provide proof of insurance,
"H" Street from California Avenue to south
work within 90 days, indemnify
provide signing, inform the
of conducting these tests, not oil
Mr. Buice stated they do
but most of the counties have some
that might be there.
not go through very many cities,
kind of nominal fee to cover
their expenses for the paperwork, etc.
Councilman Rockoff requested that Councilman Childs amend
his motion to include that the Encroachment Permit be approved
subject to the City receiving fees satisfactory to the staff.
City Attorney Oberholzer stated the City charges a fee
for Encroachment Permits.
Councilman Rockoff stated he would like to have that left
the motion and have the staff determine whether $25.00 is sufficient.
adjacent residents and provide an agent at work location. The
Public Works Director recommends approval.
Mr. Dick Buice, Permit Agent for Western Geophysical.
explained the work they will perform and assured the Council they
would contact all residents and merchants along the route to let
them know what they are doing.
During discussion, Councilman Childs made a motion that
the request for an Encroachment Permit from Western Geophysical to
perform geophysical surveys along City streets, be approved provided
all concerns addressed by the Public Works Department are met.
Public Works Director Hawley stated he has recommended
approval, subject to the eight items on the lJs[ attached to the
Encroachment Permit.
Councilman Rockoff stated he is concerned about compen-
sation for the City and asked whether they know of any cases where
compensation has been paid to cities for use of streets for purposes
172,
Bakersfield, California, October 31, 1984 - Page 21
Councilman Childs' amended motion that the request for
an Encroachment Permit from Western Geophysical to perform geo-
physical surveys along City streets, be approved, provided all
concerns addressed by the Public Works Department are met and
subject
carried
Ayes:
Noes:
Absent:
Counci],
adjourned at
to the City receiving fees satisfactory to the staff,
by the following roll call vote:
Councilmen Payne,
None
Councilmen Barton,
Ratty, Hockoff, Childs, Moore
Christensen
ADJOURNMENT
There being no further business to come before the
upon a motion by Councilman Moore, the meeting was
8:50 P.M.
?
MAYOR of tb~ C'tfi o~ Bakersfield. Calif.
ATTEST
~-T~LEF[K and Ex Officio Clerk of the
of the City of Bakersfield, California
Council
ma
Bakersfield, California, November 14, 1984
1 ?,S
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 14, 1924.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Reverend Roosevelt
Kemp of the Church of God in Christ.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Ratty, Rockoff, Barton,
Childs,
Christensen, Moore, Payne
Absent: None.
Minutes of the regular meetings of October 17 and 31, 1984,
were approved as presented.
SCHEDULED PUBLIC STATEMENTS
Lieutenant Galen Chow and Detective Scott Carvel of the
Bakersfield Police Department and Captain A1 Gutierrez of ihe Kern
County Sheriff's Office, representing the Bakersfield Police Olympic
Committee stated a group would be traveling to Oxnard, California
on December 1, 1984 to bid for the honor of hosting the 20th Annual
California State Police Olympics Jn Bakersfield in 1986. Detectiv~
Carvel stated the California Police Olympics originated in 1966 to
promote physical fitness, develop comradery among police officers
and improve community relations. The Olympics is the largest partici-
pant event in the world second only to the World Olympics and Pan
American Games, which occur every four years. Having the Police
Olympics in Bakersfield will enhance the City's image and promote
future commercial endeavors in Bakersfield. Detective Carvel requested
the Couneil's assistance in gaining the commun~ty's support and use
of facilities located within the C~ty.
Mayor Shell stated she has written a letter in support of
the Police Olympics and is hopeful Bakersfield is selected to host
the 1986 Police Olympics.
Councilman Rockoff stated the Council has signed a letter
in support of the Police Olympics and would assist in any way possible.
174
Bakersfield, California, November 14, 1984 - Page 2
Mr. Tommy Townsend stated he sent a letter to the City,
dated January 4, 1984, submitting a proposal to build a shopping
complex on property located on California and Lakeview Avenues. He
did not feel the proper procedure was followed with his request.
It should have gone to Council and referred to a Committee. He is
having problems with the proposal and would like to discuss the
issue.
City Manager Caravalho stated the City was looking at that
particular property, and others, for the Land Banking Program. The
question arose whether the City could dea2 with just one individual
or if there was an obligation to go through a bid process on the
property. The Committee and Staff came to the conclusion that the
City should not purchase the property, because of the two appraisals
and a ~ossible conflict, but that l~r. Townsend could acquire the
property, and then the City could work with h~m directly. The City
would then be dealing with the property owner. It is his under-
standing that Mr. Townsend's request was brought to the Council and[
referred to the Growth and Development Committee. The Committee had
several meetings about the acquisition and appraisal.
In answer to a question by Councilman Barton, City Manager
Caravalho stated he has discussed the difference between someone
who has exclusive rights ~o negotiate a development agreement versus
what ~r. Townsend is trying to do. The real problem is working
around the issue of other interests and being Fair
an option process or bidding. Staff has indicated
of doing something and working with Mr. Townsend.
Townsend has been diligent and he will try to work with him to find
a solution and bring it back to the Committee.
After a lengthly discussion, City Manager Caravalho stated
he would work with Staff to try and resolve the problems. If the
issue cannot be resolved because of legal reasons, he would bring it
back to the Council, and Mr. Townsend would be fully informed.
in terms of either
they are supportive
He agrees that Mr.
Bakersfield, California, November 14, 1984 - Page 3
175
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication from
Hickory Farms of Ohio, 1787 Sabre, Hayward, California, dated November
6, 1984, requesting permission to operate a "Mobile Sales Unit" in the
Bakersfield Plaza, was received and referred to the Planning Depar]-
ment.
Upon a motion by Councilman Rockoff, communication from
Warner Amex Cable Communications, Inc., dated November 8, 1984,
giving notice of intent to implement an adjustment in their monthly
rate structure was received and referred to Budget and Finance Commit-
tee.
COUNCIL STATEMENTS
Councilman Barton stated the Growth and Development Commit-
tee has been meeting with the Bakersfield City School District,
School Organizations and property owners surrounding the Chipman and
Eissler Schools regarding access. A message was received today from
the Bakersfield City School Distr~ct that they have mutually agreed
on proposals the Committee has been discussing. At this time the
Committee would like Public Works Director Hawley to prepare a staff
report regarding this issue to be brought back to Council on November
28, 1984.
Councilman Ratty indicated the time is approaching to
reappoint Council Committees and requested City Manager Caravalho
provide the Council with his comments on how he views the committees,
their function, and future scheduling of committee meetings.
Councilman Ratty stated the Beale Library subject is being
discussed by the County and City Manager Caravalho is on that commit-
tee. It has not been brought back to the Intergovernmental Relatio~ns
Committee yet, and he would like that committee to be involved in
the process.
Councilman Ratty stated that Mr. Townsend's proposal was
submitted to the Business Development and Growth Committee, to which
he is not a member.
he is a member, was
Strategy.
However, the Budget and Finance Committee, which
involved in trying to implement th~ Lakeview
176
Bakersfield, California, November 14, 1984 - Page 4
In answer to a question by Councilman Moore regarding
the Lakeview Outreach Office, Assistant City Manager Pussell stated
the facility has been less than successful. The Police and Community
Development Departments have been the primary users.
Community Development Coordinator Grady stated the Community
Development Department utilized the facility three days per week.
The kinds of use were from people who had arranged to meet there,
curiosity seekers and passers-by.
Councilman Childs stated he has had the opportunity to
utilize an office at the Dr. Martin Luther King, Jr. Community Center
and, therefore, did not utilize the Outreach Office. He did not
feel the community was aware there was an office on Lakeview Avenue.
The Outreach Office has not been productive, therefore, he has no
choice but to support the staff report to close that facility. He
does plan to continue to look into the possibility and feasibility of
providing services that address the needs of this particular area
through that particular office.
Mayor Shell stated she feels the facility has been an
important presence of the City of Bakersfield in the Lakeview Com-
munity. If it is not serving the purpose for which it was intended,
there is no point in keeping it open. She did feel that possible
use of the facility as a housing center, job referral, or drug and
counseling center could be very beneficial. These types of services
are provided by the State and County.
In answer to a question by [~ayor Shell, Assistant City
Manager Russell stated the property on Lakeview is part of the City's
Land Banking Program, the objective of which is to make better use
o£ the property. The City will be requesting proposals for the
property and if any are received, would proceed with that use. In
the meantime, the possible use of the facility by a
Agency for another type of use could be considered.
Councilman Childs
Townsend that his comments,
informational purposes only
State or County
stated he would like to reassure Mr.
earlier in this meeting, were made for
and to reiterate what has been told to
Bakersfield, California, November 14, 1984 - Page
177
staff and in telephone calls received. He, too, is very interested
in developing the area of California and Lakeview Avenues, and would
like to assure Mr. Townsend that if there is anything he can do,
within the boundaries he must work, he would be happy to help.
Councilman Moore stated, in view of comments made by
Councilman Childs, he would move to accept recommendations to a
staff memorandum dated October 25, 1984, to close the Lakeview Out--
reach Office. This motion was unanimously approved.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2112 to 2412,
inclusive, in the amount of $738,713.39.
(b)
Claim and Amendment of Claim for Damages
and Persona] Injuries from Marta Garcia,
c/o Attorney Michael J. Webb, 1430 Truxtun
Avenue, Bakersfield. (Refer to City
Attorney)
(e)
Claim for Damages from Antonio Hidalgo,
Jr., 708 Vine Drive, Bakersfield. (Refer
to City Attorney)
(d)
Claim for Implied and Comparative Indemnity
from Tenneco Realty Development Corporation,
c/o Clifford, Jenkins and Brown, 1605 "G"
Street, Bakersfield. (Refer to City
Attorney)
(e)
Claim for Damages and Personal Injuries
from Frank E. Vaughn, c/o Michael O.
Daniels, 1430 Truxtun Avenue, Bakersfield.
(Refer to City Attorney)
(f)
Claim for Damages from Lisbeth Fog Manley,
2312 San Marino Drive, Bakersfield.
(Refer to City Attorney)
(g)
Sewer Line Easement from Dan B. Speare
Broadcast Enterprises, Inc., as required
by the Planning Commission for Tract No.
4716, located on south side of Pacheco
Road between Akers and Wible Roads.
(h)
Map of Tract No. 4755 with Diversified
Development Group, Inc. located south-
easterly of Truxtun Avenue and Mohawk
Street.
178
Bakersfield, California, November 14, 1984 - Page 6
(i) Notices of Completion and Acceptance of
Work on:
Traffic Signal System at Kentucky Street
and Baker Street, Contract No. 84-106 with
E & S Electrical.
Tract No. 4442, Contract No. 82-16 with
La Hacienda, Inc., located at Vista Grande
Drive (Rio Bravo Area).
Tract No. 4443, Conlract No. 82-21 with
La Hacienda, Inc., located at Vista Grande
Drive (Rio Bravo Area).
(J)
Application [or Encroachment Permit from
Francis DeMarco (Leatherby's), 2733 "F"
Street, Bakers£ie]d, £or installation of
4 tree planters in the sidewalk area on
28th Street at 2733 "F" Street.
(k)
Application for Encroachment Permit from
St. John's Lutheran Church, 912 New Stine
Road, Bakersfield, l'or construction of a
4 foot high chain link fence surrounding
a parking lot area. The fence would be
located behind the adjacent sidewalk on
Nordic Street at 912 New Stine Road.
(~)
Application for Encroachment Permit from
Engelien Tuculet Partnership, 1321Stine
Road, Bakersfie]d, for construction of a
12-inch high planter/retaining wall along
back of adjacent s]dewalk at 4130 Ardmore
Street.
(m)
Application for Encroachment Permit from
The Guardian Federal Savings and Loan,
2210 Chester Avenue, Bakersfield, for
construction of a 2~ foot high planter and
entrance stoop at 2210 Chester Avenue,
extending 3 feet into the right-of-way.
The building remodel project has been
reviewed by the Design Review Board.
(n)
Agreement with Downtown Business Association
for lease of City-owned property located
between 21st and 22nd Streets and "M" and
"N" Streets for sponsorship of Circus Vargas.
(o)
License Agreement between the City of
Bakersfield and Tenneco West, Inc.. allow-
ing the City to operate and maintain two
jointly owned facilities, BeardsIcy and
Rocky Point River Weirs, which are located
on real property owned by Tenneco West, Inc.
Upon a motion by Councilman Rockoff, Items (a), (b),
(c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n) and
(o) of the Consent Calendar, were adopted by the following roll
call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Christensen,
Moore, Payne
Noes: None
Absent: None
Bakersfield, California, November 14, 1984 - Page 7
ACTION ON BIDS
Upon a motion by Councilman Rockoff, low bid of Isco,
Inc., in the amount of $7,321.73, [or Composite Samplers. was
accepted and all other bids rejected.
Upon a motion by Councilman Moore, low bid of Saferran
Traffic Systems, Inc., in the amount of $56,803.28, for Traffic
Controllers, was accepted and the other bid rejected.
Upon a motion by Councilman Childs~ bid of General Office
Machine Company, in the amount of $7,499.50, for Four Tele-Edisette
Recorders, was accepted.
Upon a motion by Councilman Christensen, low bid of Rock--
well International, in the amount of Slll,512.00~ for Annual Contract
No. 10285 for Water Meters, was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Childs, low base bid and Unit
A from Poly Membrane Systems, Inc.. in the amount of $141,827.00,
for Reroofing the Dome Area at the Civic Auditorium, was accepted,
all other bids rejected and the ~ayor was authorized to execute the
contract.
Upon a motion by Counci3man Payne, usual bidding require-
ments were dispensed with, in accordance with Section 3.20.060 of
the Municipal Code, and the Finance Operations Manager was authorized
to negotiate a price with Motorola Communications [or 22 Radios, I0
Handi-Talkies, 8 Pagers, Battery Charger, Component Extractor Starter,
2 Microwave System Links and Radio Paging Subsystem, not to exceed
the budgeted amount o£ $260,305.00.
Upon a motion by Councilman Payne, usual bidding require-
ments were dispensed with, in accordance with Section 3.20.060 of
the Municipal Code, and th~ Finance Operations ~anager was author-
ized to negotiate a price with Paradyne Corporation for ~odem Equip-
ment to provide
ment and County
of $9,000.00.
telecommunications link between City Police Depart-
Data Processing, not to exceed the budgeted amount
180
Bakersfield, California, November 14, 1984 - Page 8
DEFERRED BUSINESS
Adoption of Ordinance No. 2944 New
Series of the Council of the City
of Bakersfield amending Chapter 9.12
of the Bakersfield Municipal Code
relating to Nude Entertainment.
Upon a motion by Councilman Moore, Ordinance No. 2944
New Series of the Council of the City of Bakersfield amending
Chapter 9.12 of the Bakersfield Municipal Code relating to Nude
Entertainment, was adopted by the ['ollowing roll call vote:
Councilmen Ratty, Rockoff', Barton, Childs, Christensen,
Moore, Payne
None
None
Ayes
Noes
Absent:
HEARINGS
This is the time set for continued public hearing before
the Council on an Appeal by U. S. Home Corporation to the decision
of the Board of Zoning Adjustment denying their application for a
Modification to permit the elimination of the required five-foot
side yard setbacks on 15~ lots in an MH (Mobilehome) Zone, on those
certain properties commonly known as 499 and 601Pacheco Road.
This hearing was duly advertised and the property owners
notified as required by law.
This hearing was continued from the Council Meeting of
October 31, 1984.
Mayor Shell reopened the public portion of the hearing
for further consideration at the meeting of October S1, 1984.
Mr. Walter Moore, U. S. Home Corporation stated they
would like to modify their request
five-foot side yard setback on all
yard setback to 21 specific lots.
from total elimination of the
156 lots to a three-foot side
With the exception of two lots,
the remainder are in the back phase of the project where there has
been no construction to date.
No protests or objections being received, and no one else
wishing to speak in f'avor, Mayor Shell closed the public portion of
the hearing for Council deliberation and actfon.
Bakersfield, California, November 14, 1984 Page 9
181
In answer to a question by Councilman Barton, Planning
Director Sceales stated tho staff has worked with Mr. Moore and
approved this plan. The two important points are that these lots
are not being constructed next to an existing home and all the lots
are separated from the other lots. There will be a minimum of eight
feet between units.
In answer to a question by Councilman Rockoff, Fire Chief
Needham stated the proposal gives an eight foot separation and he
recommends approval.
Upon a motion by Councilman Barton, appeal by U. S. Home
Corporation to the decision of the Board of Zoning Adjustment deny--
ing their application for a Modification to permit the elimination
of the required five-foot side yard setbacks on 156 lots in a MH
(Mobilehome Zone, on those certain properties commonly known as
499 and 601 Pacheco Road, was modified and granted, to allow a three-
foot side yard setback on 21 specific lots, by the following roll
call vote:
Ayes: Councilmen
Noes
Absent:
to the
None
None
Th is
Ratty, Rockoff', Barton, Childs, Christensen,
Moore, Payne
is the time
Land Use Element of
set for public hearing regarding amendment
the Bakersfield Hetropolitan Area General
Plan and Proposed Environmental Documents concerning the following
SEGMENT II:
WAYNE REEDER (by R~chard Chambers) has
applied to amend the Low Density Resi-
dential (0.5 to 5.49 dwelling units per
gross acre) designation to Medium Density
Residential (5.5 to 16.99 dwelling units
per gross acre) for 41.54 acres located
at the northwest corner of Panama Lane
and St]ne Road.
SEGMENT III:
CITY OF BAKERSFIELD has applied to amend
the land use designation on approximately
0.15 acre from Low Density Residential to
Commercial for an existing commercial
use (Stockdale Liquors and Delicatessen)
located north of Stockdale Highway, approx-
imately 200 feet east of North Sline Road.
182
Bakersfield, Ca±iforn~a, November 14, 1984 - Page 10
This hearing was duly advertised and the property owners
notified as required by law.
The Planning Commission approved Negative Declarations
for Segments II and III, and recommended approval of Segments II
and III.
Mayor Shell declared the hearing open for public partici--
patton on Segment II. No protests or objections being received and
no one wishing to speak in favor, the public portion of the hearing
on Segment II was closed for Council deliberation and action.
Upon a motlon by Councilman Payne, Resolution No. 87-84
of the Council of the City of Bakersfield making findings, adopting
Negative Declaration and approving Segment II of proposed amend-
ment to the Land Use Element of the Bakersfield Metropolitan Area
General Plan (Land Use Amendment 3-84), was adopted by the following
roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Christensen,
Moore, Payne
Noes: None
Absent: None
Mayor Shell declared the hearing open for public partici-
pation on Segment III. No protests or objections being received
and no one wishing to speak in favor, Mayor Shell closed the public
portion of the hearing on Segment III for Council deliberation and
action.
Upon a motion by Councilman Christensen, Resolution No.
88-84 of the Council of the City of Bakersfield making findings,
adopting Negative Declaration and approving Segment III of proposed
amendment to the Land Use Element of the Bakersfield Metropolitan
Area General Plan (Land Use Amendment 3-84), was adopted by the
following roll call vote:
Ayes Councilmen Ratty, Rockoff, Barton, Childs, Christensen,
Moore, Payne
Noes None
Absent: None
Bakersfield, California, November 14, 1984
Page 11
This is the time set for public hearing before the Council
on an Appeal by Leona and Lloyd Smith to the decision of the Board
of Zoning Adjustment approving their request for a Conditional Use
Permit of a C-1 (Limited Commercial) Zone to allow a 1,196 square
foot addition to an existing musical and dance school; and denying
their request for the reduction of the required off-street parking
from 24 to 13 spaces, on that certain property commonly known as
212 Goodman Street.
This hearing was duly advertised and the property owners
notified as required by law.
Mayor Shell declared the hearing open for public partici-.
patton.
Mr. Lloyd Smith stated the Board of Zoning Adjustment
approved the request for a Conditional Use Permit to allow a 1,196
square foot addition to the existing dance studio. The additlon is:
not to increase the number of students, but only to increase the
space for dancing. There will still be the same number of students,
it will only make conditions better. This is generally a drop-off
type of facility that has been in operation for a number of years.
He further stated he does not haw~ room for additional parking spaces.
Planning Director Sceales stated the parking requirement
for this type of business is one space per 100 square feet.
In answer to a question by Councilman Rockoff regarding
adjacent property owners, Mr. Smith stated there is a brick wall
separating the dance studio and adjacent apartments, there is a vacant.
lot across the street, and that this is not a congested area. Six
adjacent property owners signed a petition in support of the dance
studio.
Planning Director Scea]es stated no property owners have
objected to the dance studio addition. A couple of property owners
telephoned the Planning Department, one stating there had never been
a problem, and one who was concerned about possible problems if the
building changed to an office in the future. If the existing build-
ing was converted to an office building in the future, the thirteen
184
Bakersfield, California, November 14, 1984 - Page 12
the same
that was
Hall.
parking spaces wou]d be adequate.
In answer to a question by Councilman Ratty, Planning
Director Sceales outlined the different uses that would require
number of parking spaces. The Conditional Use Permit
approved for this building was for a Dance and Music
In answer to a question by Councilman Rockoff, City
Attorney Oberholzer stated the Conditional Use Permit was granted.
The appeal is on the requested Modification. If the Council wishes
to grant the Mod~£ication, with the, condition that if the parking
situation becomes a problem, the Conditional Use Permit could be
rescinded, then it should be modified to incorporate that condition.
In response, to a quest]on by Councilman Rockoff, Mr.
Smith stated he would be willing to agree to the granting of the
Modification with the condition that if there are complaints,
possibly his Conditional Use Petit could be revoked by the Council.
No protests or objections being received and no one else
wishing to speak in favor, Mayor Shell closed the public portion ol'
the hearing for Council deliberation and action.
Councilman Ratty stated he cannot support granting the
Modification as he feels it could create problems for the Council
in the future. As long as there ]s places for parking adjacent to
the facility, the parking requirements should be adhered to.
Planning Director Seeales stated the zoning on this property
is C-l, which is a Limited Commercial Zone. It is not a General
Commercial Zone. The only way alcoholic beverages could be sold
from that facility would be through a Conditional Use Permit which
would require a public hearing. The parking requirements are based
on the use of the property, rather than on the zone.
Upon a motion by Councilman Rockoff, decision of the
Board of Zoning Adjustment was upheld and a Conditional Use Permit
requested by Leona and Lloyd Smith of a C-1 (L~mited Commercial)
Bakersfield, Ca]ifornia, November 14, 1984 - Page 13
185
Zone to allow a 1,196 square foot addition to an existing musical
and dance school; and request for the reduction of the required
off-street parking from 24 to 13 spaces, on that certain property
commonly known as 212 Goodman Street, was granted, with conditions
by the following roll call vote:
Ayes Councilmen Rockoff, Barton, Childs, Christensen, Moore,
Payne
Noes Councilman Retry
Absent: None
This is the time set for public hearing regarding a Resolu-
tion determining and declaring that the publ.c interest, convenience
and necessity of the City of' Bakersfield require the construction of
additional parking at the Bakersfield Civic Auditorium and that the
public interest, convenience and necessity demand the acquisition of
certain real property, and further declaring the intention of the City
of Bakersfield to acquire said property under Eminent Domain proceed-
ings.
All affected parties were notified as required by law.
This resolution commences Eminent Domain proceedings en
the property located between "P" and "Q" Streets on the east side
of the Civic Auditorium.
A letter of opposition has been filed by Mr. Sam Rudnick,
P.O. Box 1737, Davis, California, dated November 5, 1984.
Mayor Shell declared the hearing open for public participa-
tion. No protests or objections being received and no one wishing
to speak in favor, the public portion of the hearing was closed for
Council deliberation and action.
City Attorney Oberho]zer stated the Council should, for
the record, establish a response to the letter that was submitted
to the Council by Mr. Sam Rudnick, who is a 25% property interest
holder. The receiver and attorney for the Estate has encouraged
the City to pursue this by way of Eminent Domain. The City has made
two offers for the property, one in 1980, in which the Court
acquiesced in the sale of that piece of property to the City.
186
Bakersfield, California, November 14, 1984 - Page 14
However, after the court had acquiesced, and authorized the receiw~r
to sell the property, all the estate holders would not agree or sign
the documents. Subsequently, the case went to the Court of Appeal,
The whole judgement was basically reversed and the case is now back
in the trial court again. In Apri], 1984, the City made another
offer and no replay has been received. I£ the Resolution of
Necessity is adopted, it is the intention of the Estate attorney to
take it to court on December 7, 1984. The
indicates there is opposition because there
made by the City. There is no dollar offer
letter from Mr. Rudnick
is no dollar amount offer
made in a Resolution of
Necessity. Mr. Rudnick's letter also refers to the fact that the
owner is to remove the building at a sizeable cost, and doubts that:
that cost will be reflected in the offer. The building has been
burned and is in a dangerous condition. The property owners have
been notified that the building must be repaJred or demolished. The
demolition has been considered in lhe offer, appraisal and final o~fer
that will be made if the Council approves this Resolution of Necessity.
In answer to a question by Mayor Shell, City Attorney
Oberholzer stated the property is appraised and the property owner
given fair market value. If there is any disagreement that is not
resolvable, the property owner has the right to take it to court.
The court will make the determination of the fair market value.
In answer to questions by Councilman Childs City Attorney
Ob~rholzer stated that when an appraisal of the property is made it
is based on the Fair Market Value of the property. This particular
piece of property has a greater value as a vacant piece of land than
with the present building. Basically, it is just a shell of a
building, and has no value. There will be a cost associated with the
demolition of the building which will be subtracted from the value
of the real property. Ultimately, when the property is purchased
and the building has been demolished, the City will be paying for
that property as though it were vacant.
8akersfie]d, California, November ld, 1984 - Page ]5
Upon a motion by Councilman Christensen, Resolution No.
89-84 determing and declaring that the public interest, convenience
and necessity of the City of Bakersfield required the construction
of additional parking at the Bakersfield Civic Auditorium and that
the public interest. convenience and necessity demand the acquisition
of certain real property, and further declaring the intention of tile
City of Bakersfield to acquire said property under Eminent Domain
proceedinq~, call vote:
Ayes Childs, Christensen,
Noes
Absent~
was adopted by the following ro]]
Councilmen Ratty, Pockoff, Barton,
Moore. Payne
None
None
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amendin~ Section 5.]0.010 of Chapter
5.10 of the Bakersfield Municipal
Code pertaining to Ambulances.
The Kern County Board of Supervisors has reassigned the
responsibility of directing the Emergency Medical Services of the
County. The proposed ordinance would add a definition of Health
Officer, making it clear that whenever that phrase is used, it
refers to the official in charge of Emergency Medical Services for
the County.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 5,10.010 oF
of the Bakersfield ~unicipal Code pertaining to
Chapter 5.10
Ambulances.
First reading of' an Ordinance of the
Council of the City of Bakersfield
adding Chapter 10.60 to the Bakers-
field Municipal Code relating to
Interstate Trucks.
The purpose of this ordinance is to establish proceedurea
for terminal designation and truck route designation to terminals
[or interstate trucks operating on the federally designated highway
system in accordance with ~ali[ornia Vehicle Code ~ection 35401.5(b),
enacted in ]983. mhat Section was enacted to implement the Surface
Transportation Assistance Act, which was passed by Con,ross in late
1982. The Vehicle Code section provides thai actress to terminals
is legal only on routes identified as such and appropriately signed
188
Bakersfield, California, November 14, 1984 - Page 16
by Caltrans and a local agency. The Cali['ornia Highway Patrol will[
begin enforcing that restriction, as of January~ 1925.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Chapter 10.G0 to the Bakers-
field Municipal Code relating to Interstate Trucks.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Sections lO.7G.030, 10.76.050,
10.76.070, and lO.7G.OS0 and repealing
Section 10.76.060, relatin~ to Parades.
This ordinance revises the City's parade regulations and
reduces, from 30 to 2, the number {,f days prior to a proposed parade
by which an application for a Parade Permit must be filed. The
changes contained in this ordinance conform the City's parade regula-
tions to requirements set forth, recently, by the Federal Court of
Appeals.
First reading was considered given an Ordinance of the
Council of the City o£ Bakersfield amending Sections 10.76.030,
and 10.76.080 and repealing Section 10.76.060,
10.7~.050, 10.76.070,
relating to Parades.
First
reading of an Ordinance of the
Council of the City of Bakersfield amend-
ing Title Seventeen of the Bakersfield
l~unicipal Code by changing the Land Use
Zoning of that certain property in the
City of Bakersfield located on the north-
west corner of Panama Lane and Stine Road.
mhe application for this amendment was made by Richard T.
Chambers and would change subject property from an R-1 (One Family
Dwelling) Zone to a R-2 (Limited Uultiple Family Dwelling) Zone.
The Planning Commission recommended approval of this
amendment.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Title Seventeen of the
Bakersfield Municipal Code by changing the Land Use Zoning of that
certain property in the City of Bakersfield located on the northwest
corner of Panama Lane and Stine Road.
Bakersfield, California, November 14, 1984 - Page 17
189
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Title Seventeen of the Bakers-
field Municipal Code by changing the
Land Use Zoning of those certain proper-
ties in the City of Bakersfield located
approximately 2/3 mile east of Fairfax
Road, ½mlle north of Panorama Drive.
The application for this amendment was made by Harry C.
Ellinston, Jr., for Shandon Investment Group and would change subject
properties from an R-1 (One Family Dwelling) Zone to an R-2 (Limited
Multiple Family Dwelling) Zone.
The Planning Commission recommended approval of this amend-
ment, subject to the condition that within ten (10) days after Plan-
ning Commission adoption of a resolution recommending City Council
approval and adopting of an ordinance to fezone this property to
R-2 zoning classification, the owner of subject property shall record
a deed restriction limiting the maximum number of dwelling units on
Lots 1 through 6 (east tier) of Tentative Tract No. 4406, for a total
of 31 dwelling units, as outlined Jn Planning Commission Resolution
No. 62084. The deed restriction has been recorded.
First reading was consid~,red given an Ordinance 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 properties in the City o[ Bakersfield located approximately
2/3 mile east of Fairfax Road, ½ mile north of Panorama Drive.
First reading of an Ordinance of the
Council of the City of Bakersfield
amendlng 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 Panama No. 4 Annexation.
This amendment was initiated by the Planning Commission
to Zone Upon Annexation to a MH (Yobilehome), R-1 (One Family Dwel-
ling) and A-20A (Agricultural Twenty-Acre Minimum Lot Size) Zones.
The Planning Commission approved the Zoning Upon Annexa-
tion for Panama No. 4 Annexation and recommended same to the City
Council.
190
Bakersfield, California, November 14, 1984 - Page 18
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.06.020 of
Chapter 17.06 (Zoning Map) of the Municipal
Bakersfield regarding Prezoning of property
Annexation.
Code of the City of
known as Panama No. 4
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Chapter
]7.06 (Zoning Map) of the Municipal
Code o£ the City of Bakersfield
regarding Prezoning of property known
as Chester No. 1 Annexation.
to Zone Upon Annexation to an M-2
The Planning Commission
tion for Chester No. 1 Annexation
Council.
This amendment was initiated by the Planning Commission
(General Manufacturing) Zone.
approved the Zoning Upon Annexa-
and recommended same to the City
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.06.020 of
Chapter 17.06 (Zoning Map) of the Municipal Code of the City of
Bakersfield regarding Prezoning of property known as Chester No. ]
Annexation.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Chapter
17.06 (Zoning Map) of the [~unicipal
Code of the City of Bakersfield regard-
ing Prezoning of property known as
Garnsey Annexation.
This amendment was initiated by the Planning Commission
to Zone lipon Annexation to an R-S (Residential Suburban), R-1
(One Family Dwelling), R-2 (Limited Multiple Family Dwelling), R-2-P
(Limited Multiple Family Dwelling - Parking), R-3 (Limited Multiple
Family Dwelling), R-3-CH (Limited Multiple Family Dwelling - Church),
R-,i (Multiple Family Dwelling), C-O (Commercial and Professional
C-1 (Limited Commercial), C-2 (Commercial) and P (Automobile
Zones.
The Planning Cemission approved the Zoning Upon Annexation
1984, and recommended same
Office),
Parking)
for Garnsey Annexation on September 20,
to the City Council.
Bakersfield, Cali£ornia, November 14, 198,i - Page 19
1 91
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.06.020 of
Chapter 17.06 (Zoning Map) of the Municipal Code of the City of
Bakersfield regardin~ Prezoning o[ property known as Garnsey Annexa-
tion.
Adoption of Resolution No. 90-84 of
Application of the Council of the
City of Bakersfield proposing pro-
ceedings for annexation of territory
to the City of Bakersfield identi[ied
as Annexation No. 292 (Garnsey).
This is for the annexation o~ approximately
located on the north side of Stockdale IIighway,
and intersecting with North McDonaJd Way, North
Garnsey Avenue.
tion at
172 acres
in the vicinity of
Stine Road and
The Planning Commission recommended approval of the annexa-
irs regular meeting of Seplember 20, 1984.
Upon a motion by Councilman Ratty, Resolution No. 90-24 of
Noes
Absent:
No ,
call vote:
Councilmen
None
None
Ratty, RockoFf, Barton, Childs, Christensen,
Moore, Payne
This
west side of Chester Avenue near 34th Street. This
existing commercial development (Ice House Complex),
which is in the City.
The Planning Commission recommended approval of
tion at its regular meeting of October 18, 1984.
292 (Garnsey), was adopted by the following:
Adoption of Resolution No. 91-84 of
Application of the Council of the
City of Bakersfield proposing pro-
ceedings for annexation of territory
to the City of Bakersfield identified
as Annexation No. 293 (Chester No. 1).
is for the annexation of 1,37 acres located on the
is part of an
two-thirds of
the annexa-
fied as Annexation
roll
Ayes
Application of the Council of the City of Bakersfield proposing pro-
ceedings for annexation of territory to the City of Bakersfield identi-
192
Bakersfield, California, November 14, 1984 - Page 20
Upon a motion by Councilman Christensen, Resolution No.
91-84 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.
adopted by the following roll call vote:
Ayes
Absent:
293 (Chester No. 1), was
Councilmen Ratty, Rockoff, Barton, Childs,
Moore, Payne
Christensen,
None
None
Adoption of Resolution No. 92-84 of
Application of the Council of the
City of Bakersfield proposing pro-
ceedings for annexation of territory
to the City of Bakersfield identified
as Annexation No. 294 (Panama No. 4).
This
of Panama I,ane, east of Stine Road, north of the Arvin-Edison Canal
and west of Wible Road.
~he Planning Commission recommended approval of
tion at its regular meeting of October 18, 1984.
is for the annexation of 146.45 acres ]etated south
Upon a motion by Councilman Payne, Resolution No. 92-84
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. 294 (Panama No. 4), was adopted by the,
following roll call vote:
Ayes: Councilmen Ratty, Rockoff, Barton, Childs, Christensen,
Moore, Payne
Noes: None
Absent: None
Approval of Amendment to Memorandum
of Understanding between the City of
Bakersfield and County of Kern to
increase financial participation of
both parties in the Enterprise Zone
Consultant Contracl .
The recently executed Memorandum of Understanding must be.
amended to include funds to cover several items added to the scope
following consultant's work program submission. The City will be
responsibile for its proportionate share of the increase. This added
Bakersfield, Cali[ornia, November 14, 1984 - Page 21
93
among will be $1,000.00. The total amount of the City's participa-
tion will be $22,500.00. Community Development Block Grant Funds
will be used for this project.
Upon a motion by Councilman Barton, Amendment to Memorandum
of Understanding between the City of Bakers[ie]d and County of Kern
to increase the financial participation of both parties in the
Enterprise
roll call
Ayes
Noes
Absent:
Zone Consultant
vote:
Councilmen Ratty,
Moore,
None
None
There
upon a motion by Councilman
at 8:40 P.M.
Contract, was approved by the fol/owin~
Rockoff, Barton, Childs, Christensen,
Payne
ADJOUNN}{ENT
being no further business to come before the Council,
Chrisionsen, the meeting was adjourned
;IAYOR of-th~it) of ~kers£ield,
Calif.
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield. California
cw
194
Bakersfield, California, November 28, 1984
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 2S, 19S4.
The meeting was called to order by Hayor Shell, followed
by the Pledge of Allegiance and Invocation by Councilman Rollie
Moore.
The City Clerk called the roll as follows:
Present: Mayor Shell.
Absent: None
Councilmen Rockof[, Barton, Childs,
Christensen, Moore, Payne, Ratty
NEW BUSINESS
Reception of Certificate of Election
from Kern County Clerk of Results of
Special Municipal Election for the
unexpired term of Councilman in the
Sixth Ward and Special Hunicipal
Election for City Measure "A", held
on the 6th day of November, 1984.
Upon a motion by Councilman Barton, Certificate of
Election from Kern County Clerk of Results of Special Municipal
Election for the unexpired term of Councilman in the Sixth Ward
and Special Municipal Election for City Measure "A", held on the
6th day of November, 1984, was received, ordered placed on file
and spread in full in the minutes.
Bakersfield, California, November 28, 1984
CERTIFICATE OF KERN COUNTY CLERK OF
RESULT OF CANVASS OF CITY OF BAKERS-
FIELD SPECIAL MUNICIPAL ELECTION
HELD NOVEMBER 6, 1984.
- Page 2
! 95
State of California)
)
County of Kern )
State of California,
returns of the vote
held on November 6,
mitred to the
to which this
votes cast in
GALE S. ENSTAD, County Clerk-Recorder, County of Kern,
HEREBY CERTIFY that I have canvassed the
cast in said County at the General E]ect~on
1984 for all Candidates and Measures sub-
voters, and that the Statement o[ the Vote Cast,
certificate is attached, shows the whole number of
said City of Bakersfield, and whole number of votes
cast for each candidate and for and against each measure in said
City of Bakersfield and in each of the respective precincts tilerein,
and that the totals of the respective columns and the totals as
shown for each candidate and for and against each measure are lull,
true and correct.
IN WITNESS WHEREOF I do hereby set my hand and the Official
Seal of the County of Kern this 19th day of November, 1984.
/s/GALE S. ENSTAD
County Clerk-Recorder, County of Kern
State of California
196
Bakersfield, California, November 28, 1984 - Page 3
STATEMENT OF ALL VOTES CAST
AT THE
SPECIAL MUNICIPAL ELECTIONS
HELD
N O V E M B E R 6, 1 9 8 ,i
CITY OF BAKERSFIELD
STATE OF CALIFORNIA
Bakersfield, California, November 28, 1984 - Page 4
19?
SPECIAL MUNICIPAL ELECTION
NOVEMBER 6, 1984
WARD NO. 6
CONS.
PRECINCT
NO.
REGISTERED VOTES
VOTERS CAST
DICKERSON GOZA HANSEN
ROLLINS
115 590
174 877
175 7]8
176 809
177 635
178 798
179 465
180 680
212 ,450
326 833
327 511
328 73
329 817
330 574
331 401
332 275
Absentees
TOTAL 9,506
PERCENT 65.43%
383 180 20 ]30 11
483 180 50 189 12
401 160 26 164 8
547 207 111 198 6
459 185 32 213 9
522 207 50 220 9
311 238 37 99 7
,i28 ]76 27 172 14
280 121 33 97 8
584 332 24 181 5
321 147 27 110 10
52 29 1 17 0
554 3]8 30 170 1]
389 205 25 124 10
300 152 16 117 4
158 92 8 51 2
7,023 249 36 192 ]9
13,195 3,078 553 2,444
145
CHARTER AMENDMENT - CITY WIDE
CONS.
PRECINCT
NO.
REGISTERED VOTES
VOTERS CAST
YES
MEASURE "A"
NO
All 77,112
PERCENT 79.4~
61,246
35,045
12,725
198
Bakersfield, California, November 28, 1984 - Page 5
Adoption of Resolution No. 93-84 of
the Council of the City of Bakers-
field declaring the results of
Canvass of Returns of the Special
Municipal Election for the unexpired
term of Councilman in the Sixth Ward
and Special Municipa] Election for
City Measure A, held on the 6th day
of November, 1984.
Upon a motion by Councilman Childs, Resolution No. 93-84
of the Council of the City of Bakersfield declaring the results of
Canvass of Returns of the Special Municipal Election for the un-
expired term of Councilman in the Sixth Ward and Special Municipal
Election for City Measure A, held on the 6th day of November, 1984,
was adopted by the :following roll call w~te
Ayes: Councilmen Rockoff, Barton, Childs Christensen, Moore,
Payne, Ratty
Noes: None
Absent: None
The results of the Special Municipal Election for the
unexpired term of Councilman were as follows:
WARD NO. 6:
Hark M. Dickerson 3,078
Mark David Goza 553
Marla M. Hansen 2,444
Scott Sean Rollins 145
The results of the Special Municipal Election for the
Charter Amendment were as follows:
YES NO TOTAL
Measure "A" 35,045 ]2,725 47,770
The following person is hereby declared to be elected
to the Office of City Councilman for an unexpired term:
MARK M. DICKERSON SIXTH WARD
The results of the Special Municipal Election for the
Charter Amendment were as follows
MEASURE "A" PASSED
ADJOURNMENT
There being no further business to come before the
Council of the City of Bakersfield, upon a motion by Councilman
Barton, the Council was adjourned.
Bakersfield, California, November 28, ]984 - Page 6
1!)9
NEWLY ELECTED COUNCIL MEMBER SWORN
IN BY CITY CLERK
City Clerk Anderson administered the Oath of Office to
newly elected Councilman Mark M. Dickerson of the Sixth Ward.
Councilman Dickerson expressed his appreciation to the
Mayor, Council and staff for their warm greetings and the opportunity
to serve the City of Bakersf7ield and constituents in 'the 6th ~Vard.
Mayor Shell convened the Council of the City of Bakers-
field at this time.
The City Clerk called the roll as follows:
Present: Mayor
Absent: None
Shell.
Councilmen Rockoff, Barton, Childs,
Christensen, Dickerson, Moore, Ratty
APPOINTMENT OF COUNCIL STANDING
COMMITTEES
City Manager Caravalho presented a memorandum regarding
City Council Advisory Subcommittees, as follows:
At the last City Counci] Meeting, the City
Council requested the City Manager make comments
and recommendations as to the structure and
function of the City Council Advisory Subcom-
mittees. It is my recommendation that the
Council Committee structure remain much the
same except for some minor revisions. The
Committees should be structured as follows:
Auditorium and Community Services: This
committee may handle policy matters relative
to Auditorium Social Services and Parks and
Recreation.
Budget and Finance Committee: The primary
function of the committee w~11 be to review
and comment on the Operating and Capital
Improvements Budgets, review all w)uchers, and
handle all other Financial policy questions by
the City Council.
Personnel Committee; The Personnel Committee
will deal with matters pertaining to requests
for new personnel and restructuring of the
City government upon referral by the City
Council.
Urban Development Committee: This committee
will deal with issues of economic development,
redevelopment, and growth in the downtown area
upon referral by both the City Council and the
Redevelopment Agency.
200
Bakers£ield, California, November 28, 1984 - Page 7
Intergovernmental Relations Committee: The
primary responsibility of the Intergovernmental
Relations Committee will be in the areas of
annexation, transportation, fire consolidation,
emergency preparedness, Beale Library, and
other City/County matters.
Legislative Committee: The Legislative Com-
mittee shall be responsible for all legislative
matters with the League of California Cities,
the State of California, and the Federal
Government.
Water Resources Committee: This committee
shall function primarily with policy matters
in the Kern River Reclaimed Water and Domestic
Water areas.
In order to more effectiwi~]y manage and plan
for the Committee meetings, it is my suggestion
that the primary committee meet on a regular
basis at noon on Tuesday or Wednesday. It is
also my recommendation that the City Council
meet every other Wednesday at 7:00 p.m. and the
Redevelopment Agency meet every other Wednesday
at 7:00 p.m. Should we have a light agenda, we
should utilize this oppertunity to schedule one
or two issues as a study session for broad general
discussion before it is brought to the full
Council for formal action.
Councilman Moore recommended that the Council meet every
other Wednesday and continue te have Redevelopment Agency meetings,
as needed, on the same night as Council Meetings.
Councilman Christensen stated his only objection is that
sometimes the Redevelopment Agency is unable to finish their agenda
before the Council Meeting begins. Perhaps, the Redevelopment Agency
Meetings could start earlier. He strongly agrees with the statement;
that if there is a light agenda that the Council utilize that
opportunity to schedule one or two issues as a study session for
broad general discussion before it Js brought to the full Council
for formal action.
Councilman Childs indicated he wouId not be able to attend
Redevelopment Agency Meetings at 4:30 P.M. and is also concerned
about the meetings running over inte the time set for Council
Meetings. He supports leaving the meetings as is for the time
being and cannot support earlier meetings, because he cannot attend
on a regular basis.
Bakersfield, California, November 28, 1984 - Page 8
201
In answer to a question by Councilman Childs, City Manager
Caravalho stated the intent behind the change of committee names is
to give them more clarity, so that when issues are referred they
tend to be more consistent with the role of the committee.
Upon a motion by Councilman Rockoff, Council Standing
Committee names, as outlined in the report from the City Manager,
were approved. Councilman Childs abstained from voting on this
matter.
Upon a motion by Councilman Moore, Council Meetings will
be held every other Wednesday, as recommended by the City Manager,
and the Redevelopment Agency will meet at 5:00 P.M. as required,
on the same Wednesday.
SCHEDULED PUBLIC STATEMENTS
Mr. Reggie Morris, President of the Board of Directors
of the Greater Bakersfield Local Development Corporation, presented
a check to the City of Bakersfield, in the amount of $3.000.00, for
repayment of funds given to that corporation and read the following
letter into the record:
November 28, 1984
Dear Honorable Mayor and City Council Members:
In September 1980, you provided $3,000 in seed
money for the purpose of establishing the
Greater Bakersfield Local Development Corporation.
This new company set goals to stimulate growth
and expansion of small business and increase
employment in the Greater Bakersfield area.
With the help of your Economic Development
Division and that of the County, we have been
able to assist in the construction, renovation,
and new development of properties in excess of
$7,790,000 of which $3,140,000 was lent through
our Corporation to 15 businesses.
This activity created over ]48 jobs in addition
to the jobs created by the construction of these
projects as well as increasing the tax base of
the community.
These goals have been achieved at a profit to
this public benefit corporation.
We are pleased to return to the City the $3,000
it provided as seed money and look forward to
continued expansion of our programs and increased
assistance to the community.
202
Bakersfield, California, November 28, 1984 - Page 9
We respectfully request that
applied to further the goals
Development Division.
Sincerely,
the funds be
of your Economic
Mr. Morris introduced Gene Stephens and Brent Dezember,
members of the Board of Directors of the Greater Bakersfield Local
Development Corporation, and thanked the Economic Development
Department for all their efforts on behalf of the Corporation.
Councilman Rockoff,
the Corporation for all their
The people of th~s Board work
on behalf of the Council, commended
hard work and the repayment check.
very hard with no compensation and
they have done a marvelous job for the City of Bakersfield.
Councilman Ratty stated this is a beautiful example of a
partnership between government and business people who provided
their expertise to this field.
Councilman Moore stated Councilman Rockoff did a lot to
help get this Corporation started and due to his devotion they
are where they are tonight. He also commended Mr. Brent Casper,
who spent almost three years as President and could not be present
tonight due to illness. He also commended the Local Development
Corporation for the unprecedented return of money to a government
entity.
Mr. Robert Cannon, Kern County Librarian, introduced the
Chairman of the Beale Memorial Library Relocation Task Force Mr.
Frank Rosenlieb.
Mr. Frank Rosenlieb presented copies of the Beale Memorial
Library Relocation Task Force Report and read the following letter
into the record:
November 20, ]984
Members of the Kern County
Board of Supervisors and
Bakersfield City Council:
Earlier this year the Intergovernmental Relations
Committee, consisting of officials from the Kern
County Board of Supervisors and Bakers£ield City
R. A. Morris, President
Board of Directors
Greater Bakersfield Local
Developmen~ Corporation
Bakersfield, California, November 28, 1984 - Page lO
2(')3
Council, formed a Task Force to study the Beale
Memorial Library, the largest public research
and lending l~brary in Kern County.
The Beale Memorial Library has a lengthy and
distinguished history. It contains a great
store of information, enclosing within its walls
over one quarter of a million items, including
special collections which are unique to Kern
County culture, history and industry. The Beale
Memorial Library serves thousands of Kern County
and Bakersfield residents each week, tens of
thousands each year and it is the foremost
reference and library material resource center
for responding to the information needs of the
people of Kern County. The collections and
staff of the Beale HemorJal Library make possible
the answering of 12,000 questions from the
public every month.
The Beale Memorial Library Relocation Task
Force, having studied the Library, its present
and future service, program and space needs,
has come to the conclusion that additional
library space is sorely needed and that a new
library structure be built. The site for the
new facility must be prominent, in the heart
of downtown Bakersfield for the best and fairest
access for everyone. Library parking spaces
must be ample. Security for library patrons
must be assured. The design of the new
structure must be architecturally first rate
and must make a major statement about this
City's and County's cultural achievements and
ambitions.
The Beale Memorial Library Re]ocation Task
Force urges the City and the County to take
under advisement and thereupon, to enact the
recommendations expressed in this Report. If
this is done, you, the elected representatives
of our community have the opportunity for
individual leadership and joint cooperation
in the pursuit of a common goal for the public
good; together, take positive action to build
a new Beale Memorial Library of the highest
quality and stature, for our generation and
for future generations, for the City of Bakers-
field and for the County of Kern.
Respectfully submitted,
Frank Rosenlieb,
Chairman
Mr. Rosenlieb then read the Executive Summary from the
report that contains the recommendations of the Task Force, and
stated the first choice of the Task Force ~or the Beale ~{emorial
Library relocation is the entire block between "M" and "N" Streets
between the County Justice Building and the Civic Auditorium on
Truxtun Avenue. The alternative site is the area of 18th and ]9th
204
Bakersfield, California, November 28, 1984 - Page 11
Streets, generally between "K" and "M" Streets, replacing one of
the worst areas in Bakersfield.
Mayor Shell stated the community owes a great debt to
the people who served on this Task Force. They have been meeting
for many months and donating their time and expertise.
Mrs. Martha Walters, 3301 Dwight Street, presented a
bumper sticker entitled "I'm So Broke I Can't Pay Attention," and
commended the Greater Bakersfield Local Development Corporation
for returning the money to the City of Bakersfield. Mrs. Walters
expressed her disapproval with tax increments being used for the
Downtown Redevelopment Area. She felt it is depriving the schools,
City and County services and water agencies from their rightful
monetary help. Several cities and counties, knowing there will
be a tightening of money coming from the Federal Government, are
now looking for ways to get money and she hopes the Council will
not do that on the local level, but, instead, will curtail spending.
She urged the Council to do what they can to bring an end to the
interpretation being applied to AB 1490 forcing the sale of homes
of Medical recipients whose benefits extend six months or have
liens on their property. She also requested that the Council
bring a speedy demise of the Bakersfield Redevelopment Agency,
which would have the affect of making funds available where they
are truly needed, for the needy.
COUNCIL STATEMENTS
a motion by Councilman Ratty, a Workshop Session
budget was set for Tuesday, December 18, 1984, at
Upon
to discuss the
5:00 P.M.
City Manager Caravalho
from the Council on the level of
with the relocation of the Beale
to
County and
town site,
stimulated
stated he would like an indication
interest as to what might be done
Memorial Library.
Councilman Ratty stated the Committee agreed to continue
go ahead with a look at the possibility of cooperating with the
they are very interested in the second priority, down-
rather than the first priority. The second priority has
two proposals that would not only relocate the library
Bakersfield, California, November 28, 1984 - Page 12
2O5
to that site,
developers, in one instance, are
help assemble the land. Private
project in the downtown area that the Council
for years to remove. Their recommendation is
continue on this line and see if that is what
do and then work out something.
but create a stimulus for other activities. The
only requesting that the City
enterprise is interested in this
has been working on
that the Council
the County wants to
Councilman Rockoff made a motion that the Council
indicate to the City Manager that they want to go ahead with the
downtown location, cooperate with the County and the matter should
stay in the Intergovernmental Relations Committee, at the Council
level, to keep the Council fully informed of the progress.
Councilman Christensen suggested that the Council sit
down, as a group, and take a good visual look at both sites, and
discuss it thoroughly, so that when a decision is made there is a
basic understanding of the entire matter.
Councilman Christensen offered a substitute motion that
a Workshop Session be held regarding the relocation of the Beale
Memorial Library.
Councilman Rockoff withdrew his motion.
City Manager Caravalho suggested that they try to have
a preliminary meeting on December 1,i, 1984, with the Kern County
Chief Administrative Officer and Librarian to explore some concepts
being discussed in the Economic Development Office. This will have
budget implications and by December 18, 1984, staff can give the
Council a fairly good idea as to how this can be approached as to
site and economic impacts.
During discussion Councilman Ratty stated Kern County
Supervisor Larwood would like an indication from the Council as to
the direction they want to take. Ceunci]man Ratty requested that
Councilman Christensen amend his motion to state that the Council
intends to continue to work jointly with the County on this project
and explore the downtown location further.
206
Bakersfield, California, November 28, 1984 - Page 13
Councilman Christensen stated he would include that in
his motion.
City Manager Caravalho stated, if the Council agrees, they
can include that in the Workshop Session on the prebudget as the
first item.
Councilman Christensen's amended motion that the re-
location of the Beale Memorial Library be included as the first
item of discussion at the Workshop Session on the Preliminary Budget
to be held on Tuesday, December 18, I984, at 5:00 P.M., and the
Kern County Board of Supervisors be advised that the Council intends
to continue to work jointly with them on this project and supports
the concept of the downtown location of the Beale Memorial Library,
was approved.
Councilman Moore informed Councilman Dickerson the reason
for the change of seating of some o[ the Councilmen in the Council
Chambers was to get some type of order by Wards.
Councilman Moore read letters from Mr. Ron Nolan, 401
Pebble Beach Drive, and ~r. & Mrs. Harlen Van Alstyne, 613 Pebble
Beach Drive, regarding numerous power outages, especially on Thanks-
giving Day, in the Kern City and Southwest Bakersfield areas. The
letters were submitted with a petition, containing 128 signatures,
requesting that the City Council take some action to alleviate the
problems in Kern City and Westwood Estates with power outages.
Mr. L. W. McRee, Pacific Gas and Electric Company, stated
these power outages are affecting not only Kern City, but most of
Southwest Bakersfield. He agreed with the people who submitted the
letters and petition. Pacific Gas and Electric Company does not
feel they are getting the quality of service they deserve. They
are making an effort to resolve the problems and have done a number
of things and some are pending for the Southwest area. A new set
of problems brought about the Thanksgiving Day outage that are not
related to prior problems.
Bakersfield, California, November 28, 1984 - Page 14
,07
Mr. Alan E. Drew, Electric Superintendent for Pacific
Gas and Electric Company, stated he resides in Southwest Bakers-
field and can relate to the problem. Their service reliability
has been poor in that area, there is no question about it. The
problem, however, is complex, because there are components in the
underground system that are failing. Initially, they were identified
as one type of connector and they have been making an attempt to
replace them. However, the outages that occurred on Thanksgiving
Day are different and this adds another dimension to the situation.
This is a complex problem and they cannot guarantee it will be solved
right away. It may take a lot of study and decisions. Mr. Drew oLlt-
lined some of the things Pacific Gas and Electric are doing to
improve the situation.
Councilman Dickerson asked if there is anything the City
can do to resolve these problems.
Mr. Drew stated they are looking for street locations to
install underground service interrupters, which are an automatic
switch gear that goes into the greund. If a fault occurs it opens
and only allows those homes beyond it to be out of power.
Councilman Dickerson stated he understands that Southwest
Bakersfield is Pacific Gas and Electric Company's number one outage
area.
Councilman Moore also offered the City's assistance to
help eliminate some of the problems. Councilman Moore requested
Gas and Electric Company expedite corrective procedures
they had a target date when the problems would be
that Pacific
and asked if
eliminated.
Mr.
McRee stated with an tinderground system they cannot
guarantee that there will ever be a point when there will not be a
problem. They recognize the problems and realize they are not
providing the quality of service the people deserve. They will put
all the expertise they can on it.
Councilman Moore requested that Pacific Gas and Electric
Company come back to the Council, as soon as possible, with an
208
Bakersfield, California, November 28, 1984 - Page 15
update when they feel the problem has been isolated and give a time
element for better service.
Mr. McRee stated they would provide updates.
Councilman Moore requested that Pacific Gas and Electric
Company correspond with each person on the petition giving them
some of the diatribe presented this evening, which includes some
of P. G. & E's problems, to help them understand where this matter
stands and what they can expect.
Councilman Dickerson suggested that Pacific Gas and
Electric Company have some system of communication with the people
so they know how long the outages wilI last.
Upon a motion by Councilman Christensen, Mayor Shell
declared a brief recess at 8:40 P.M. and recenvened the meeting
at 8:50 P.M.
APPOINTMENT OF COUNCIL STANDING
COMMITTEES
CounciIman Barton proposed the appointment of the
following Council Standing Committees:
AUDITORIUM AND COMMUNITY SERVICES
J.M. "Chris" Christensen,
James Henry Childs
Mark M. Dickerson
Chairman
BUDGET AND FINANCE
Arthur L. Rockoff,
James J. Barton
Donald K. Ratty
Chairman
INTERGOVERNMENTAL RELATIONS
Donald K. Ratty, Chairman
Ro]lie Moore
Arthur L. Rockoff
LEGISLATIVE
Mark M. Dickerson, Chairman
James Henry Childs
J.M. "Chris" Christensen
PERSONNEL
James Henry Childs, Chairman
J.M. "Chris" Christensen
Mark M. Dickerson
URBAN DEVELOPMENT
James J. Barton, Chairman
Rollie Moore
Arthur L. Rockoff
WATER RESOURCES
Rollie Moore, Chairman
James J. Barton
Donald K. Ratty
Councilman Rockoff stated he would trade with Councilman
Christensen and serve on the Legislative Committee instead of the
Intergovernmental Relations Committee. The members of those two
Committees would be as follows:
Bakersfield, California, November 28, 1984 - Page 16
209
INTERGOVERNMENTAL RELATIONS
LEGISLATIVE
Donald K. Ratty, Chairman
J.M. "Chris" Christensen
Rollie Moore
Mark M. Dickerson, Chairman
James Henry Childs
Arthur L. Rockoff
Councilman Childs made a motion to defer action on the
Council Standing Committees until the meeting of December 5, 1984.
Councilman Childs stated he would like to get off the
Legislative Committee and become a member of the Intergovernmental
Relations or Urban Development Committees.
Councilman Barton suggested that Councilman Childs
negotiate with one of the members of those Committees for a trade.
Upon a motion by Councilman Ratty, the amended assignment
of the Council Standing Committees, were approved.
Councilman Barton stated he met with W. D. Higginbotham,
former Assistant City Manager-Finance and now City Manager of
Gainsville, Florida, and he wished everyone the best.
Councilman Moore stated he wanted to remind the Council
that a decision was made a few weeks ago to leave the subject of
Emergency Preparedness in the Water Resources Committee.
REPORTS
Councilman Rockoff, Chairman of the Budget and Finance
Committee, read Report No. 32-84 regarding Land Acquisition in
Census Tract 22 (Lakeview Avenue), as follows:
On February 8, 1984, the City Council accepted
the Business Development Revita]ization Program
developed by the Community Development Division.
One of the approaches for revitalization involves
acquisition and relocation to achieve a better
mix of commercial and residential uses. This
program was also developed for the purpose of
acquiring substandard structures and substandard
lots so that development can be directed onto
them.
Staff has identified threm properties for
acquisition that can be used to achieve the
objectives of the Business and Development
Revitalization Program. The addresses of the
properties are as follows: (1) 415-425 Lakeview
Avenue, (2) 700 Lakeview Avenue, (3) S21 Lake-
view Avenue. The acquisition of the 415-425
Lakeview Avenue property wii1 result in the
development of a convenience store, a laundro-
mat and one additional leaseable space. This
210
Bakersfield, California, November 28, 1984 - Page 17
will be accomplished by working with the existing
owner of the property. Further information in
the form of a development agreement will be
presented to this Committee in 60 days. The
700 Lakeview Avenue and the 821 Lakeview Avenue
properties are being acquired for future
development.
The 700 Lakeview Avenue property is located
south of the outreach office on a substandard
lot. It will support the assemblage of other
substandard lots between the two locations for
future development.
The total acquisition will amount to $102,200
and will be paid from the Community Develop-
ment Block Grant Funds. This Committee has
reviewed the appraisals with staff and the
City Attorney and are satisfied with fheir
opinion of the value of the properties.
Therefore, we are recommending the acquisition
of tho following properties:
(1) 415 - 425 Lakeview Avenue
(2) 700 Lakeview Avenue
(3) 821 Lakeview Avenue
Upon a motion by Councilman Rockoff, Budget and Finance
Committee Report No. 32-8,i regarding Land Acquisition in Census
Tract 22 (Lakeview Avenue), was accepted; and acquisition of
properties located at 415-425 Lakeview Avenue, 700 Lakeview Avenue
and 821 Lakeview Avenue, in the amount of $102,200, was approved.
is 821
matter.
Ms. Carol Dykes stated her tax bill states her property
Lakeview Avenue and she has not been contacted about this
Community Development Coordinator Grady stated the
appraiser assigns the addresses, based on the information obtained
from the Post Office. There has been problems with a designated
street address being different from the Post Office address. They
used the Assessor's parcel number and they have not been in contact
with Ms. Dykes, however, they have contacted the owner of the
property and it is not Ms. Dykes.
Councilman Childs requested that Mr. Grady explain the
matter to Ms. Dykes to alleviate her fears.
Bakersfield, California, November 28, 1984 - Page 18
211
Assistant Public Works Manager-Engineering Schulz
presented a report on Traffic Circulation around Eissler Elementary,
Chipman Jr. High and Highland High Schools, as follows:
A report from the Growth and Development Com-
mittee was presented at ];he City Council
Meeting of October 3], 1984, concerning progress
of efforts to solve circulation problems at the
north side of the three school complex, Eissler
Elementary, Chipman Jr. IIigh and Highland High
School. Several meetings and actions have
taken place since this report.
In the week following tiao Committee Report, the
Council's Growth and Development Committee,
City staff and representatives of the schools
met to discuss the circulation problems at this
location. It was agreed to proceed with the
steps necessary for the extension of Eissler
Street (north of the scheol complex) and Brewer
Street (west of Eiss]er Street to connect with
La Costa Street) and to also meet on November
13, ]984, at the intersection of Charger Avenue
and Meadow Vista Street to discuss traffic
signs or other immediate improvements that
could be made at thSs intersectdon. At a
meeting on November 13, 1984, at which City
Public Works staff, Mr. John Giumarra, Councilman
Rockoff, representatives of the schools and
parents were present, it was agreed to upgrade
signing for "one way", "do not enter" and
turning restrictions and place stop signs at
all entrances to the intersection of Charger
Avenue and Meadow Vista Street. Work on the
sign changes has been completed.
Mr. John Giumarra, Jr., representing the property
owner, Giumarra Brothers Fruit Company, has
indicated they will agree to the temporary road
easements necessary to provide pawed access
north of E]ssler Street and west on Brewer
Street to connect with La Costa Street. However,
he has not responded to our most recent correspondence
of November ]6, 1984, which contained necessary
easement agreements for his signature.
Upon receipt of the signed easement, the City
will proceed with street grading and paving
work, which will take approximately 3 weeks for
completion.
The cost of the contracted work for this project
will be approximately $5,000. Since this is not
a budgeted item, I am recommending that this
amount be provided for the project from the
General Fund Council Contingency.
Councilman Rockoff stated he spoke with Mr. Giumarra
late this afternoon and he gave him the authority to publicly state
that the required deeds will be at City Hall tomorrow. Councilman
Rockoff thanked staff for the work they did and the cooperation of
the School Board and P.T.A.
212
Bakersfield, California, November 28, 1984 - Page 19
Upon a motion by Councilman Rockoff, report from
Assistant Public Works Manager-Engineering Schulz regarding
Traffic Circulation around Eissler Elementary, Chipman Jr. High
and Highland High Schools, was received; and the use of $5,000
from the General Fund Council Contingency for this project, was
approved, subject to the agreement with Mr. Giumarra.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
Allowance of Claims Nos. 2413 to 2781,
inclusive. in the amount of $1,560,92].71.
(b) Claim for Damages from Jarel J. Grimes,
62] "O" Street, Bakersfield. (Refer to
City Attorney)
(c)
Claim for Damages and Personal Injuries
from Mary T. Rickets, 432 West Ward Street,
Ridgecrest, California. (Refer to City
Attorney)
(d)
Claim for Damages from Billy Wayne Starr,
1405 Dodge Avenue, Bakersfield. (Refer
to City Attorney)
(e)
Claim for Damages from Scott W. Ratterman,
626 Laurel Street, Petaluma, California.
(Refer to City Attorney)
(f)
Claim for Implied and Comparative Indemnity
from Rex Fulton Hiibish, c/o Jenkins and
Brown, Attorneys at Law, 1605 "G" Street,
Bakersfield. (Refer to City Attorney)
Street Right-of-Way Deed from Gannon
Enterprises, Inc., as required for a
future apartment site located between
"K" and Jewerr Streets and between 38th
and 40th Streets.
(h)
Water Pipeline Easements from Tenneco
Realty Development Corporation and J. I.
Case Company as required for City water
lines to be located northwest of Rosedale
Highway and Fairhaven Drive.
(i)
Public Utilities, Fire Lane and Public
Access Easement from San Dimas Properties
as required by the Planning Commission
for Parcel Map No. 6822, located on north
side of 34th Street between Memorial
Hospital and Union Avenue.
(j) Notices of Completion and Acceptance of
Work on:
Construction of street improvements on
Camino Media between Forum Way and Haggin
Oaks Boulevard, Contract No. 84-231 with
Granite Construction Company.
(CONTINUED ON NEXT PAGE)
Bakersfield, California, November 28, 1984 - Page 20
213
(j) CONTINUED
Tract No. 4721, Contract No. 84-73 with
Tenneco Realty Development Corporation,
located at Limoges Way, west of Haggin
Oaks Boulevard.
Tract No. 4613, Contract No. 84-53 with
Tenneco Realty Development Corporation,
located at Pin Oak Boulevard and Park
View Drive.
Tract No. 4624, Contract No. 83-157 with
Highlands Real Estate Corporation, located
at Auburn Street, west of La Costa Street.
Tract No. 4609, Contract No. 83-187 with
Bojack Development, Inc., and Pierce
Lathing Company, dba Pierce Enterprises,
located at Fairview Road, east of South
"H" Street.
Parcel Map No. 7247,
with RNR Enterprises
Lane and Stine Road.
Contract No. 84-20]
, located at White
Parcel Map No. 6963,
with Tenneco Realty
located at District
Contract No. 83-185
Development Corporation,
Boulevard and Ashe Road.
(k)
Notice of Completion and Acceptance of Work
on drilling, casing and pump testing Ashe
Water Well No. 15, Contract No. 84-206 with
S. A. Camp Pump Company.
(1)
Application for Encroachment Permit from
Bob Klassen (Klassen Corporation), 2000
Oak Street, Bakersfield, for construction
of a 3 foot high retaining wall along
back of sidewalk on Barrington Street and
North Half Moon Drive at 2700 Barrington
Street.
Agreement to rescind Improvement Agreement
No. 82-68 between the City of Bakersfield
and Golden Empire Development Company for
Tract No. 4403. This agreement can be
rescinded because the property has been
resubdivided under Parcel Map No. 7347
and all required off-site improvements
are existing.
(n)
Renewal of Agreement with TRW Subscriber
Service [or assessment of preapplication
indebtedness of individuals applying for
a Home Improvement Loan.
Councilman Rockoff requested more information on Voucher
No. 2706 under Item (a) for the purchase of ['our VHS Video Recorders.
Fire Chief Needham stated the four VIIS Video Becorders
were budgeted in the current budget and will be used to upgrade
214
Bakersfield, California, November 28, 1984 - Page 21
the training program for the Fire Department. They will be located
in the Fire Stations so the Firemen can utilize the television sets
as part of the apparatus for training. There are VHS films avail-
able in the Olive Drive Training Facility that can now be sent to
the Fire Stations on a regular basis for training purposes. The
areas covered on these films are hazardous materials handling,
pesticide handling, firefighting procedures, emergency medical
training and rescue and victim extrication from vehicles, etc.
Councilman Rockoff asked if the use would be limited to
training.
Fire Chief Needham stated there has been no discussion
with respect to limiting the use of the machines. The television
sets were bought and paid for by the Firefighters and the City
will be using those television sets.
Councilman Rockoff, referring to Item (n), Agreement
with TRW Subscriber Service, asked if they maintain an office in
Bakersfield, if this is a bid process and, if not, why doesn't the
City use local people for this service.
Community Development Coordinator Grady stated they are
a local company and used by the County for their Housing Rehabili-
tation Program. The bid process was not used because they are the
only local company who can provide the type of service needed for
the City's Housing Rehabilitation Program.
Councilman Dickerson stat~,d he would like to go on record,
after having visited some of the Fire Stations, by stating that it
would be very advantageous for morale to allow the Video Recorders
to be used in off hours by the Firemen and he hopes the Council will
support it.
Councilman Ratty stated ho does not feel like Councilman
Dickerson. He feels they will be used, basically, for entertain-
ment, and it will be a very low priority ~tem as far as training
goes, which he feels would be a very good thing. He felt the
video machine could be passed along with the tapes. tle suggested
Bakersfield, California, November 28, 1984 - Page 22
2?5
that the
in a row.
Firemen go to five 12 hour shifts rather than three days
He did not feel that this is an appropriate expense.
Finance Director Klimko, in answer to a question by
Department.
concept
be used
tool.
Councilman Childs, for the record, stated he supports the
of any video recorders, or whatever is in the Fire Station,
not only as a training tool. but also as a recreational
Councilman Childs, stated this equipment has been purchased,
delivered and pending payment after approval of the Council. If
the Council does not approve the Voucher the alternative is to
return the equipment.
In answer to a question by Councilman Childs, City
Attorney Oberholzer stated this item falls below the statutory
requirement for bids and Council approval of those bids. Consequently~
is was ordered through a usual purchase order, pursuant to the
purchasing rules in the ordinance.
Councilman Childs stated, regardless of the validity of
the purchase or what it is used for, he is concerned about the way
it was handled. tie is having mixed emotions about equipment of
this nature that is purchased then brought to the Council for
approval.
City Manager Caravalho stated the item was considered
during the budget process. Sometimes new technology is difficult
to accept, especially in this environment and he emphasizes with
some of fhe concerns, in terms of how the Firefighters utilize
their time. It should be realized that today, with the advent of
video tape and other kinds of things, there are many benefits that
can be derived in very economical ways through exchange of tapes,
etc. If the Council's concern is the utilization of the video
recorders, then staff can direct the Fire Chief as to their use for
training, etc. He supports this equipment for training and education,
and would recommend that a policy be set that the Fire Chief utilize
the equipment consistent with the operational mission of the Fire
216
Bakersfield, California, November 28, 1984 - Page 23
Ayes:
Noes:
Absent:
Councilman Barton stated, what the Fire Chief is talking
about is a very valuable training aid, and he has confidence that
the Fire Chief will keep track of the use of the video recorders
during nontraining times and there will be no problem.
Upon a motion by Councilman Ratty, Voucher No. 2706 for
purchase of four VHS Video Recorders, was approved and the Fire
Chief was directed to use the equipment consistent with the mission
of the Fire Department, by the following roll call vote:
Councilmen Rockoff, Barton, Childs, Christensen,
Dickerson, ~{oore, Ratty
None
None
Upon a motion by Councilman Hockoff, Items (a) with the
exception o[ Voucher No. 2706, (b), (c), (d), (e), (f), (g), (h),
(i), (j), (k), (1), (m) and (n) of the Consent Calendar, were
adopted by the following roll call w~te:
Ayes: Councilmen
Noes: None
Absent: None
Rockoff, Barton, Childs,
Dickerson, Moore, Ratty
ACTION ON BIDS
Christensen,
Upon a motion by Councilman Barton, bids of Three Way
(1 item), in the amount of $38,]82.94, and Quality
to a
Stine Roads.
Three bids were received,
high of $151,230.00. The low
ranging from a low of $150,182.10
bid, from Griffith Company of
Bakersfield, exceeds the amount budgeted by $182.10. However, the
bids have been evaluated and are considered acceptable by the staff.
The additional funds required are available from savings in completed
projects.
Chevrolet
Service Body (1 item), in the amount of $l,841.22, for Four Wheel
Drive Vehicle with Service Body and additional Service Body, wero
accepted and all other bids rejected.
Deferral of action on bid for resur-
facing Planz Road between Wible and
Bakersfield, California, November 28, 1984 - Page 24
217
Councilman Dickerson stated that he would question the
need for resurfacing the street between Akers and Stine Roads.
Assistant Public Works Manager-Engineering Schulz stated,
each year the Street Maintenance Division makes recommendations to
the Public Works Department concerning streets that are in need of
repair, either resurfacing or reconstruction. In this case, they,
apparently, observed cracking in pavement, which is invisible to
the eye, unless a close inspection is made. Generally, they make
a recommendation, based on what they observe through careful inves-
tigation. Staff, in turn, designs the project and the engineer
makes another inspection of the project to make sure it is in need
of resurfacing. In this case they, obviously, felt it was. The
resurfacing job will probably save a lot of money in the long run,
because if a project has to be reconstructed it will probably cost
more than double that amount.
Councilman Dickerson stated he feels a good portion of this
road does not need to be resurfaced. There are other areas within
the 6th Ward where these i£unds could be utilized in a more satis-
factory manner and he would like to have an opportunity to discuss
it with the engineer who evaluated the project.
Upon a motion by Councilman Dickerson, action on bids for
resurfacing Planz Road between Wible and Stine Roads, was deferred
until the Council Meeting of December 5, 1984.
Upon a motion by Councilman Moore, usual bidding require-
ments were dispensed with, in accordance with Section 3.20.060 o[
the Municipal Code, and the Finance Director was authorized to
negotiate a price with P.M.C. Products for Thirty Motorcycle Radio
Headsets for the Police Department, not to exceed the budgeted amount
of $6,000.00.
DEFERRED BUSINESS
Adoption of Ordinance No. 2945 New
Series of the Council of the City of
Bakersfield amending Section 5.10.010
of Chapter 5.10 of the Bakersfield
Municipal Code pertaining to Ambulances.
218
Bakersfield, California, November 28, 1984 - Page 25
Upon a motion by Councilman Christensen, Ordinance No.
2945 New Series of the Council of the City of Bakersfield amending
Section 5.10.010 of Chapter 5.10 of the Bakersfield Municipal Code
pertaining to Ambulances, was adopted by the following roll call
vote:
Ayes: Councilmen Rockoff,
Dickerson,
Noes: None
Absent: None
Barton, Childs, Christensen,
Moore, Ratty
Adoption of Ordinance
Series of the Council
No. 2946 New
of the City of
Bakersfield adding Chapter 10.60 to
the Bakersfield Municipal Code
relating to Interstate Trucks.
Upon a motion by Councilman Christensen, Ordinance No.
2946 New Series of the Council of the City of Bakersfield adding
Chapter 10.60 to the Bakersfield Municipal Code relating to Inter-
state Trucks, was adopted by the following roll call vote:
Councilmen Rockoff, Barton, Childs, Christensen,
Dickerson, Moore, Ratty
Ayes:
Noes: None
Absent: None
Adoption of Ordinance No. 2947 New
Series of the Council of the City of
Bakersfield amending Sections 10.76.030,
10.76.050, 10.76.070, and ]0.76.080
and repealing Section 10.76.060,
relating to Parades.
Upon a motion by Councilman Christensen, Ordinance No.
2947 New Series of the Council of the City of Bakersfield amending
Sections 10.76.030, 10.76.050, 10.76.070, and 10.76.080 and
repealing Section 10.76.060, relating to Parades, was adopted by
the following roll call vote:
Ayes: Councilmen
Noes: None
Absent: None
Rockoff, Barton, Childs,
Dickerson, Moore, Ratty
Christensen,
Bakersfield, California, November 28, 1984 - Paf<e 26
2].9
Adoption of Ordinance No. 2948 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 properties in the City of
Bakersfield located approximately
2/3 mile east of Fairfax Road, ~
mile north of Panorama Drive.
The application for this amendment was made by }larry C.
Elllngston, Jr., for Shandon Investment Group and would change
subject propertJes from an R-1 (One Family Dwelling) Zone to an
R-2 (Limited Multiple Family Dwelling) Zone.
The Planning Commission recommended approval of this
amendment, subject to the condition that within l0 days after
Planning Commission adoption of a resolution recommending Council
approval and adoption of an ordinance to rezone this property the
owner of subject property shal~ record a deed restriction limiting
the maximum number of dwelling unfts on Lots ~ through 6 (east
tier) of Tentative Tract No. 4406, 6or a total of
as outlined in Planning Commission Resolution No.
restriction has been recorded.
Upon a motion by Councilman Rockoff, Negative Declaration
and Ordinance No. 2948 New Series of the Council of the City of
Bakersfield amending Title Seventeen of the Bakersfield Municipal
Code by changing the Land Use Zoning o[ those certain properties
in the City of Bakersfield located approximately 2/3 mile east of
Fairfax Road, ~ mile north of Panorama Dr~ve, finding said zoning
consistent with the General Plan, were adopted by the following
roll call vote:
Ayes: Councilmen Rockoff', Barton, Childs, Christensen,
Dickerson, Moore, Ratty
Noes: None
Absent: None
31 dwelling units,
62-84. The deed
Adoption of Ordinance No. 2949 New
Series of the Council of the City of
Bakersfield amending Title Seventeen
of the Bakersfield ~unicipal Code by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located on the northwest
corner of Panama Lane and Stine Road.
220
Bakersfield, California, November 28, 1984 - Page 27
The application for this amendment was made by Richard
T. Chambers and would change subject property from an R-1 (One
Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling)
Zone.
amendment.
The Planning Commission recommended approval of this
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2949 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 that certain property in
the City of Bakersfield located on the northwest corner of Panama
Lane and Stine Road, finding said zoning consistent with the General
Plan, were adopted by the following roll call vote:
Councilmen Rockoff, Barton, Childs, Christensen,
Dickerson, Moore, Ratty
Ayes:
Noes: None
Absent: None
Adoption of Ordinance No. 2950 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 Bakers-
field regarding prezening of property
known as Panama No. ,I Annexation.
This amendment was initialed by the Planning Commission
and would prezone those properties proposed ~or annexation to an
Mir (Mobilehome), R-1 (One Family Dwelling) and A-20A (Agricultural
Twenty-Acre Minimum Lot Size) Zones.
The Planning Commission recommended approval of the Zoning:
Upon Annexation for Panama No. 4 Annexation.
Upon a motion by Councilman Dickerson, Negative Declaration
and Ordinance No. 2950 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
prezoning of property known as Panama No. 4 Annexation, finding
Bakersfield, California, November 28, 1984 - Page 28
221
said zoning consistent with
following roll call vote:
Ayes:
Councilmen Rockoff,
Dickerson,
the General Plan, were adopted by the
Noes: None
Absent: None
Barton, Childs, Christensen,
Moore, Ratty
Adoption of Ordinance No. 2951 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 Bakers-
field regarding prozoning of property
known as Chester No. 1 Annexation.
This amendment was initiated by the Planning Commission
and would prozone those properties proposed for annexation to an
M-2 (General Manufacturing) Zone.
The Planning Commission recommended approval of the
Zoning Upon Annexation for Chester No. 1 Annexation.
Upon a motion by Councilman Childs, Negative Declaration
and Ordinance No. 2951 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
prozoning of property known
said zoning consistent with
following roll call vote:
Councilmen Rockoff,
Dickerson,
Ayes:
Noes: None
Absent: None
as Chester No. 1 Annexation, finding
the General Plan, were adopted by the
Barton, Childs, Christensen,
Moore, Batty
Adoption of Ordinance No. 2952 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 Bakers-
field regarding prozoning of property
known as Garnsey Annexation.
This amendment was initiated by the Planning Commission
and would prezone those properties proposed for annexation to an
R-S (Residential Suburban), R-1 (One Family Dwelling), R-2 (Limited
Multiple Family Dwelling), R-2-P (Limited Multiple Family Dwelling -
Parking), R-3 (Limited Multiple Family Dwelling), B-3-CH (Limited
222
Bakersfield, California, November 28, 1984 - Page 29
Ayes:
Noes: None
Absent: None
Multiple Family Dwelling Church), R-4 (Multiple Family Dwelling),
C-O (Commercial and Professional Office), C-1 (Limited Commercial),
C-2 (Commercial) and P (Automobile Parking) Zones.
The Planning Commission recommended approval of the
Zoning Upon Annexation for Garnsey Annexation.
Upon a motion by Councilman Moore, Negative Declaration
and Ordinance No. 2952 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
prezoning of property known as Garnsey Annexation, finding said
zoning consistent with the General Plan, were adopted by the
following roll call vote:
Councilmen Rockoff, Barton, Childs, Christensen,
Dickerson, Moore, Ratty
Deferral of action on an Agreement
between the City of Bakersfield and
Gulf Oil Corporation providing for
relocation of Gulf Oil facilities
for construction of the Kern River
Bike Trail between Cal-State Bakers-
field and Beach Park.
The City has budgeted a project to construct the Kern
River Bike Trail between Cal-State Bakersfield and Beach Park. A
portion of the Bike Trail crosses over a Gulf Oil Lease having
various facilities, which will interfere with the construction.
This agreement provides For Gulf to relocate their
facilities and for the City to reimburse Gulf for the actual cost
of work, not to exceed $44,000.00.
Action on this agreement was deferred from the Council
Meeting of October 31, 19S4, to give the City Manager the opportunity
to pursue the possibility of negotiating this fee.
City Manager Caravalho read the following memorandum:
I met with Mr. Goolsby of Gulf Oil Exploration
and Production Company regarding financial
support of the development of this bike path.
Bakersfield, California, November 28, 1984 - Page 30
?'23
Mr. Goo]sby indicated that such decisions are
made at corporate headquarters and that he
would submit our request to corporate head-
quarters in Houston and would anticipate a
response prior to the end of the calendar
year.
As soon as I am in receipt of any additional
information, I will forward it to the Council.
Upon a motion by Councilman Moore, action on an Agreement
between the City of Bakersfield and Gulf Oil Corporation providing
for relocation of Gulf Oil facilities for construction of the Kern
River Bike Trail between Cal-State Bakersfield and Beach Park, was
deferred until the Council Meeting of January 9, 1985.
HEARINGS
This is the time set for public hearing before the Council
on an Appeal by Mariam B. Boyd to the decision of the Board of
Zoning Adjustment granting an application for a Modification to
Gerald Stancliff to permit the reduction of the required five-
foot side yard setback to 7½ inches, with cond~tions, in an H-2
(Limited Multiple Family Dwelling) Zone, on that certain property
commonly known as 1617 Alta Vista Drive.
This hearing was duly advertised and the property owners
notified as required by law.
Law,
A letter was received from Robert E.
Hou]e, Attorney at
1107 Truxtun Avenue, requesting termination of the appeal
hearing.
Upon a motion
Boyd to the decision of
by Councilman Ratty, Appeal by MarJam B.
the Board of Zoning Adjustment granting
an application for a Modification to Gerald Stancliff to permit
the reduction of the required five-foot side yard setback to 7½
inches, with conditions, in an R-2 (Limited Multiple Family Dwelling)
Zone, on that certain property commonly known as ]617 Alta Vista
Drive,
Ayes:
Noes:
Absent:
was terminated by the following roll call vote:
Councilmen Rockoff, Barton,
Dickerson, Moore,
None
None
Childs, Christensen,
Ratty
224
Bakersfield, California, November 28, 1984 - Page 31
ment
Corporation.
the Mortgage
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield,
California, approving a formal agree-
ment to a Public Leaseback by and
between the City of Bakersfield and
the City of Bakersfield Public
Facilities Corporation.
This ordinance is required to establish a formal agree-
between the City of Bakersfield and the Public Facilities
This agreement will serve as primary collateral for
Leasehold Revenue Bonds to be issued by the Corporation.
The proceeds of these bonds will be dedicated to the upgrade
expansion of Wastewater Treatment Plant No. 3.
First reading was considered given an Ordinance of
and
the
Council of the City of Bakersfield, California, approving a formal
agreemenf to a Public Leaseback by and between the City of Bakers-
field and the City of Bakersfield PubIic Facilities Corporation.
Adoption of Emergency Ordinance No.
2953 New Series of the Council of
the City of Bakersfield amending
Section 17.60.260 (g) (2) of the
Bakersfield Municipal Code relating
to Removal of Nonconforming Signs.
The existing Sign Ordinance requires removal of certain
signs by November 30, 19S4.
This ordinance will extend the abatement date for certain
signs until )~arch 3], 19S5, and will provide time for the revision,
review, public hearings and adoption of the revised ordinance.
Councilman Moore, member of the Growth and Development
Committee stated he and Councilman Rockoff met with staff and the
Planning Commission and he is prepared to make a motion.
Councilman Moore made a motion that the draft of the
Revised Sign Ordinance be accepted as a working document, return
it to the Planning Commission to meet with interested parties that
will be impacted, ~nc]uding an appropriate review thereafter,
followed by public hearings as necessary and return it to the
Bakersfield, California, November 28, 1984 - Page 32
225
Council by February 13, 1985. This motion carried by the following
roll call vote:
Ayes:
Councilmen Rockoff, Barton, Childs, Christensen,
Dickerson, Moore, Ratty
Noes: None
Absent: None
Upon a motion by Councilman Moore, Emergency Ordinance
No. 2953 New Series of the Council of the City of Bakersfield
amending Section 17.60.260 (g) (2) of the Bakersfield Municipal
Code relating to Removal of Nonconforming Signs, was adopted by the
following roll call vote:
Ayes
Councilmen Rockoff, Barton, Childs, Christensen,
Dickerson, Moore, Ratty
Noes None
Absent: None
Adoption of Resolution No. 94-84 of
the Council of the City of Bakers-
field adopting Sanitary Sewer Plan
for Panama Lane - Monitor Street
Planned Sanitary Sewer Area and
making findings relative thereto.
This resolution makes findings as required by State law.
Upon a motion by Councilman Childs, Resolution No. 94-84
of the Council of the City of Bakersfield adopting Sanitary Sewer
Plan for Panama Lane - Monitor Street Planned Sanitary Sewer Area
and making findings relative thereto, was adepted by the following
roll call vote:
Ayes
Councilmen Rockoff, Barton, Childs, Christensen,
Dickerson, Moore, Ratty
Noes None
Absent: None
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 adopted for Panama
Lane - Monitor Street Planned Sanitary
Sewer Area.
226
Bakersfield, California, November 28, 1984 - Page 33
This ordinance adds the Panama Lane - Monitor Street
Planned Sanitary Sewer Area to the list of planned drainage areas
and planned sanitary sewer areas for which subdividers are assessed
to pay the cost of constructing the planned facilities.
First reading was considered given 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 adopted for Panama
Lane Monitor Street Planned Sanitary Sewer Area.
Approval of Sewer Extension Reim-
bursement Agreement with Homestead
Land Development Corporation and
Tuscany Glen for construction of a
sewer lift station and sewer mains
in Panama Lane and Monitor Street.
The developers of approximately 60 acres of land north-
west of Panama Lane and Monitor Street propose to construct a
sewer lift station and sewer mains in Panama Lane and Monitor
Street. These sewer improvements are designed to serve approxi-
mately 360 acres. This agreement provides for the developers to
be reimbursed for a portion of the cost of the proposed lift
station and sewer mains by future developers and parcel owners
within this area.
Upon a motion by Councilman Barton, Sewer Extension
Reimbursement Agreement with Homestead Land Development Corporation
and Tuscany Glen for construction of a sewer lift station and sewer
mains in Panama Lane and Monitor Street, was approved and the Mayor
was authorized to execute same.
Adoption of Resolution No. 95-84 of
the Council of the City of Bakers-
field approving the Official State-
ment for the $15,010,000 "City of
Bakersfield Public F~cilities
Corporation, 1985 Leasehold Mortgage
Revenue Bonds."
This resolution approves the financial statement of the
City of Bakersfield, which includes a statement of ~he revenues to
Bakersfield, California, November 28, 1984 Page 34
,27
be received and the security for the bond issue for Wastewater
Treatment Plant No. 3 expansion.
Upon a motion by Councilman Christensen, Resolution No.
95-84 of the Council of the City of Bakersfield approving the
Official Statement for the $]5,0]0,000 "CSty of Bakersfield
Public Facilities Corporation, 1985 Leasehold Mortgage Revenue
Bonds," was adopted by the following roll call vote:
Childs, Christensen,
Ratty
Ayes: Councilmen Rockoff, Barton,
Dickerson, Moore:,,
Noes: None
Absent: None
Approval of Contract with Book Pub-
lishing Company for Semi-Annual
Supplementation of the Municipal Code.
On December 18, 1972, the City Council approved a
contract with Book Publishing Company to supply the City with
annual supplements to the Municipal Code. The City's current
supplement rate, $21.00 per page, has been in effect since March,
]979. Due to increased costs for labor and supplies over the
last 5½ years, Book Publishing Company is requesting that the
Council approve increasing the prJc~' of the supplements to $24.50
per page. Several California cities were surveyed, whe use the
same type of supplement as the City of Bakersfield, and they are
currently paying $24.50 or higher fer this service; therefore, it
is the opinion of staff that the inc:rease is justified.
Recently staff elected to
semi-annually, rather than annually,
City.
Upon a motion by Councilman Rockoff, Contract with Book
Publishing Company for Semi-Annual Supplementation of the Municipal
Code, was approved and the Mayor was authorized to execute same.
Approval of Engineering Service
Agreement between the City of Bakers-
field and Testing Engineers, Inc.,
for roof inspection services during
installation of the new roof at the
Civic Auditorium.
have the Municipal Codes updated
at no increase in cost to the
228
Bakersfield, California, November 28, 1984 - Page 35
Agreement No
for the City
same.
The Architect reviewing the project for reroofing the
Civic Auditorium has recommended that a roofing consultant be
retained for periodic field inspection during installation of the
new roof. The fee for the roof inspection services will not
exceed $4,250.00. $156,000 is budgeted for the construction
project.
Upon a motion by Councilman Christensen, Engineering
Service Agreement between the City of Bakersfield and Testing
Engineers, Inc., for roof inspection services during installation
of the new roof at the Civic Auditorium, was approved and the
Mayor was authorized to execute same.
Approval of Agreement between the
City of Bakersfield and the Bakers-
field S.P.C.A. amending Agreement
No. 81-150 appointing the S.P.C.A.
as the Poundmaster for the City.
This agreement amends the City's existing agreement with
the S.P.C.A. to provide an increase in compensation to the S.P.C.A.
pursuant to the recommendation of the Budget and Finance Committee
in Report No. 19-84.
Upon a motion by Councilman Childs, Agreement between
the City of Bakersfield and the Bakersfield S.P.C.A. amending
81-150 appointing the S.P.C.A. as the Poundmaster
was approved and the Mayor was authorized to execute
Approval of Application for the Baker
Street Library Historic Preservation
Grant Program, California Park and
Recreation Facilities Act of 1984.
This matter is a recommendation from the City of Bakers-
field Historical Preservation Commission, formally acted upon on
November 20, 1984. If the City Council agrees with the Commission
recommendation to submit the application, the Council's action would
be forwarded to the County Board of Supervisors. The application
with both City and County support would be submitted for funding
consideration to the State prior to December 31, 1984.
Bakersfield. California, November 28, 1984 - Pa~e 36
229
Upon a motion by Councilman Christensen, Application for
the Baker Street Library Historic Preservation Grant Program,
California Park and Recreation Facilities Act of 1984, was approved
and staff was directed to forward it: to the Kern County Board of
Supervisors.
Approval of creation and composition
of a Citizens Advisory Council repre-
senting the Proposed City/County
Enterprise Zone Area.
Enterprise Zone Legislation (Water's Bill) mandates the
formation of a Citizens Advisory Council to provide input to the
applicant jurisdiction. Further, the legislation dictates the
composition of the Council, in terms of representation. This
Council must start providing input by the first week in December
in order to maintain the schedule established for application for
Enterprise Zone designation.
Upon a motion by Councilman Childs, the creation and
composition of a Citizens Advisory Council representing the
Proposed City/County Enterprise Zone, was approved and the elected
official representation
City of Bakersfield was
Upon a motion
on the Citizens Advisory Council from the
increased to two members.
by Councilman Childs, staff was
to suggest to the Kern County Board of Supervisors that
increase their representation on the Citizens
directed
they
Advisory Council to
two members.
There being no
ADJOURN~ENT
further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 10:10 P.M.
OR of th& City of Bakersfield,
ATTEST:
and Ex Officio Clef of the
of the City of Bakersfield, California
Council
ma
Bakersfield, California, December 5, 1984
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.~., December 5, 1984.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Dr. Max Helton of
the West Park Baptist Church.
The City Clerk called the roll as :follows:
Present: Mayor Shell. Councilmen Barton (seated at 7:05 P.M.),
Childs (seated at 7:05 P.M.),
Christensen, Dickerson, Moore,
Ratty, Rockoff
Absent: None
Minutes of the regular meeting of November 14, 1984, were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Howard Polland, Pacific Gas and Electric Company,
presented the City with a $5,000 Energy Conservation Award and
congratulated Public Works ~anager Hawley and General Services
Superintendent Jamison on an excellent energy conservation project.
CORRESPONDENCE
Upon a motion by Councilman Barton, communication from
The SEEZ Corporation, 2000 South Union Avenue, dated November 29,
19S4, regarding nominations and recommendations to the Community
Advisory Council, was received and ordered placed on file.
Councilman Barton stated that at the Council Meeting of
November 28, ]984, the Council adepted criteria for the number of
appointments to be made to the Community Advisory Council. The
City can make ten appointments to the Advisory Council and suggested
those nominations or appointments be considered tonight. The
consultant has been hired through .joint efforts of the City and
County and is currently studying the Enterprise Zone concept. The
Advisory Council needs to be active and working as soon as possible,
as the first report by the consultant is due on January 7, 1984.
Bakersfield, California, December 5, 1984 - Page 2
Community Advisory Council, and the other
until the Council Meeting of December 12,
further consideration.
Councilman Moore made a motion to nominate Vice-Mayor
Barton and Councilman Childs as Council representatives to the
appointments be deferred
1984, to allow time for
the
Councilman Barton offered a substitute motion nominating
following persons to serve on the Community Advisory Council:
Program (Study) Area Residents:
High Density Unemployment Area
(HUDA):
Program Area Businesses (SEEZ :
Local Government Staff:
Private Industry Council:
Business Development Corporations:
Elected Officials:
Opal Buchanan
Sam Goodlow
Bill Lewis
Dave Kennon
Paul Schillcock
Polly Warren
Dick Foster
James J. Barton
James Henry Childs
Councilman Barton stated he has not received communication
from either the Friendship House or the Dr. Martin Luther King, Jr.~
Community Center for nomination to the Community Based Organizations;
category. If a recommendation is made by either group, it would be
considered.
Councilman Childs stated he has been contacted by the Dr.
Martin Luther King, Jr., Community Center requesting to be considered
as a nominee under Community Based Organizations.
Councilman Barton stated the Council should nominate an
individual who will represent the group. If the Community Center
will submit a name by the next Council Meeting, it could be considered
at that time.
Councilman Barton's substitute motion nominating Opal
Buchanan, Program (Study) Area Resfdents; Sam Goodlow, ttigh Density
Unemployment Area (HUDA); Bill Lewis, Program Area Businesses (SEEZ);
Dave Kennon and Paul Schillcock, Local Government Staff; Polly
Warren, Private Industry Council; Dick Foster, Business Development
Corporations; and James J. Barton and James Henry Childs~ Elected
232
Bakersfield, California, December 5, 1984 - Page 3
Officials; as City appointees to the Community Advisory Council,
was unanimously approved.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 2782 to 2949,
inclusive, in the amount of $598,221.07.
(b)
Claim for Damages From Anthony Cueto, ]24
18th Street, Bakersfield. (Refer to City
Attorney)
(c)
Claim for Damages from Becky Towcry, 51l
Lake Street, Bakersfield. (Refer to City
Attorney)
(d)
Improvement Agreement and Easements for
Parcel Map No. 7145, with Tenneco Realty
Development Corporation for construction
of improvements required by the Planning
Commission for Parcel Map No. 714[], located
at the northeast corner of Wible Road and
Pacheco Road.
(e)
Notice of Completion and Acceptance of
Work on construction of Chain Link Fencing
on Carrier Canal from Waste Gate to Manor
Street, Contract No. 84-207 with American
Fence Company of California.
(f)
Application for Encroachment Permit from
Southern California Gas Company for
installation of a 24-inch steel gas line
under the Kern River Canal at a location
approximately two miles west of Buena
Vista Road and two miles south of Stock-
dale Highway.
Application for Encroachment Permit from
Mercy Hospital, 2215 Truxtun Avenue,
Bakersfie]d, for installation of a temporary
office identification sign located 11 feet
behind the curb and three feet within the
right-of-way at 2117 - 16th Street.
Upon a motion by Councilman Rockoff, Items (a), (b), (c),
(d), (e), (f) and (g) of the Consent Calendar, were adopted by the
following roll call vote:
Ayes: Councilmen Barton, Childs, Christensen, Dickerson, Moore,
Ratty, Rockoff
Noes: None
Absent: None
Bakersfield, California, December 5, 1984 - Page 4
233
ACTION ON BIDS
Councilman Dickerson stated he spent some time during
the past week with City staff learnlng about capital projects. He
expressed his appreciation and thanks to Public Works Manager Hawley,
Traffic Engineer Hahs and Jim Marino of the Planning Department.
Upon a motion by Councilman Dickerson, low bid of Griffith
Company, in the amount of $150,182.10, for resurfacing Planz Road
between Wible and Stine Roads, was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Moore, ]ow bids of Three Way
Chevrolet (one item), in the amount of $21,370.56, for one Truck
with Service Body and Jim Burke Ford (one item), in the amount of
$15,930.19, for One Step Van, were accepted and the Mayor was
authorized to execute the contracts.
Upon a motion by Councilman Dickerson, low bid of Pacific
Lighting Sales, in the amount of $28,631.66, for Signal Posts and
Standards, was accepted and all other bids rejected.
Upon a motion by Councilman Childs, low bid of Bakers-
field Welding Supply, in the amount of $l,663.83, for Annual
Contract for Welding Supplies, was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Christensen, all bids for
Concert Grand Piano, were rejected.
Upon a motion by Councilman Moore, low bid of Van Waters
and Rogers, in the amount of $4,604.64, for MisceIlaneous Chemicals
for Water Resources Department, was accepted and all other bids
rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 2954 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 1:o adopted plans,
and adding reference to plans adopted
for Panama Lane - Monitor Street
Planned Sanitary Sew~r Area.
234
Bakersfield, California, December 5, 1984 - Page 5
This ordinance adds the Panama Lane - Monitor Street
Planned Sanitary Sewer Area to the list of planned drainage areas
and planned sanitary sewer areas for which subdividers are assessed
to pay the cost of constructing the planned facilities.
Upon a motion by Councilman Ratty, Ordinance No. 2954
New Series of the Council of the City of Bakersfield amending
Section ]6.32.070 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 adopted for Panama Lane - Monitor Street Planned Sanitary
Sewer Area, was adopted by the following roll call vote:
Childs, Christensen, Dickerson, Moore,
Rockoff
Councilmen Barton,
Ratty,
None
None
Ayes
Noes:
Absent:
Adoption of Ordinance No. 2955 New
Series of the Council of the City of
Bakersfield, California, approving a
formal agreement relating to a Public
Leaseback by and between the City of
Bakersfield and the City of Bakers-
field Public Facilities Corporation.
This ordinance is requ~red to establish a formal agree-
ment between the City of Bakersfield and the Public Facilities
Corporation. This agreement wi]] serve as primary collateral for
the Mortgage Leasehold Revenue Bonds to be issued by the Corporation.
The proceeds of these bonds will be dedicated to the upgrade and
expansion of Wastewater Treatment Plant No. 3.
Upon a motion by Councilman Barton, Ordinance No. 2955
New Series of the Council of the City of Bakersfield, California,
approving a formal agreement relating to a Public Leaseback by and
between the City of Bakersfield and the City of Bakersfield Public
Facilities Corporation, was adopted
Ayes: Councilmen Barton, Childs,
Ratty, Rockoff
Noes: None
Absent: None
by the foilowing roll call vote:
Christensen, Dickerson, Moore,
Bakersfield, California, December 5, 1984 - Page 6
235
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section ]7.06.020 of Chapter
17.06 (Zoning Map) o[ the Municipal
Code of the City o[ Bakersfield
regarding prezoning of property
known as California Avenue No. 5
Annexation.
This amendment would prezone properties owned by Vernon
Strong and Manuel Candelaria, et al, to a C-2 (Commercial) or
more restrictive Zone. These properties are located at the south-
west corner of California Avenue anti South King Street.
The Planning Commission recommended approval of the pre-
zoning for the California Avenue No. 5 Annexation territory to the
City Council on November l, 1984.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.06.020 of
Chapter 17.06 (Zoning Map) of the Municipal Code of the City of
Bakersfield regarding prezoning of property known as California
Avenue No. 5 Annexation.
Adoption of Reso]uti~n No. 96-84 of
AppIioation of the Council of the
City of Bakersfield proposing pro-
ceedings for annexation of territory
to the City of Bakersfield identified
as Annexation No. 295 (California
Avenue No. 5).
On November 1, 1984, the Planning Commission recommended
to the City Council the adoption of a resolution initiating
annexation proceedings for 0.63 acres of unincorporated territory
located at the southwest corner of California Avenue and South King
Street.
Upon a motion by Councilman Childs, Resolution No. 96-84
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. 295 (California Avenue No. 5), was
adopted by the following roll call vote:
Ayes
Councilmen Barton, Childs, Christensen, Dickerson,
Ratty, Rockoff
Moore,
Absent: None
Bakersfield, California, December 5, 1984 - Page 7
Approval of Agreements to terminate
Loan Agreement between the City of
Bakersfield and Bakersfield Heritage
Hotel Association No. l and No. 2
and the redemption of $I4,000,000
Flexible Demand Industrial Revenue
Bonds (Heritage Hotel Project), 1983
Series A and Series B.
On December 30, 1983, the City of Bakersfield issued
Flexible Demand Industrial Revenue Bonds, 1983 Series A $7,000,000
and Series B $7,000,000, tteritage Hotel Project. Pursuant to an
agreement between the C~ty and the Heritage ttotel Associates
Partnership, the bond proceeds were to be loaned to the Partner-
ship. Due to circumstances beyond the control of the parties,
specified conditions in the Bond Purchase Contract and the
Construction Fund Trust Agreement have not been satisfied and it
is necessary to terminate the loan agreement and redeem the bonds.
Upon a motion by Councilman Barton, Agreements to
terminate Loan Agreement between the City of Bakersfield and
Bakersfield Heritage Hotel Associates No. 1 and No. 2 and the
redemption of $J4,000,000 F~exib]e Demand Industrial Revenue Bonds
(tIeritage HoteI Project), 1983 Series A and Series B, were approved
and the Mayor was authorized to execute same.
Councilman Rockoff stated he has been notified by the
Fair Political Practices Commission that he does not have a conflict
of interest regarding Labor Negotiations and,
into the Closed Session.
CLOSED SESSION
Upon a motion by Councilman Barton,
to a Closed Session at 7:40 P.M., for the purpose of
Labor Relations. The regular meeting was reconvened
therefore, will enter
the Council recessed
Approval of Funding for Recruitment
of Assistant City Manager and Deputy
City Manager positions.
Upon a motion by Councilman Barton,
discussing
at 10:20 P.M.
travel expenses for
out of State applicants for the positions of Assistant City Manager
and Deputy City Manager, in the amount of $6,000, from the Council
Contingency Fund to the PersonneI Fund, was approved.
Bakersfield, California, December 5, 1984 - Page 8
Reappointment of Board of Zoning
Adjustment Members.
Upon a motion by Councilman Rockof[, Building Director
Calvin A. Bidwell, was reappointed to the Board of Zoning Adjustment,
term expiring December 1, 1987.
Upon a motion by Councilman Rockoff, Building Plan Check
Engineer Alex Buechler, was reappointed as the Building Director's
alternate on the Board of Zoning Adjustment, term expiring December
l~ 1987.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 10:30 P.M.
MAYOR of ,..~/]:r~ City o[ Bakersfield,
ATTEST:
and Ex Officio Clerk of the Council
of thez City of Bakersfield, California
cw/ma
Calif.
238
Bakersfield, California, December 12, 1984
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Ifall at 7:00 P.M., December ]2, 1984.
The meeting was called to order by Mayor Shell, followed
by the Pledge of A~legiance and Invocation by Reverend Lemuel
McKinnie of St. Paul's Christian Methodist Episcopal Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Childs, Christensen, Dickerson,
Moore, Ratty, Rockoff, Barton
Absent: None.
SCHEDULED PUBLIC STATEMENTS
Mr. Wesley Crawford, 6101 Knudsen Drive, representing
CHAMPS, stated this is a program that helps people help themselves.
They have had some adverse publicity in the past, however, they
now have a new Director and Board and are continuing to go on with
their programs. Mr. Crawford presented the Council with a document
that contains facts and figures on the new concept of CHAMPS. He
requested, after he has their programs set out in a report, that
he be allowed to come back to the Council with a presentation.
COUNCIL STATEMENTS
Councilman Ratty stated there was an
Field Californian regarding a problem with a pesticide plant in
Southwest Bakersfield. He was taken by surprise as to the toxicity
and location of the plant next to homes. This matter is of great
concern to the City, County and staff. Councilman Ratty stated he
wanted to reassure the people in close proximity to the plant that
the Council views it as an extremely serious matter and will be
meeting with the citizens, schools, staff and County to try and
resolve the matter.
Councilman Moore stated he supports Councilman Ratty's
comments and he looked at the area this morning and is concerned
with the intersection of Gosford Road at the railraod tracks. A
person traveling north of Gosford Road, approaching the intersection,
is blind-sighted by a building sltting near the railroad tracks.
article in the Bakers-
Bakersfield, California, December 12, 1984 - Page 2
If there was a train coming from west to east, with north bound
traffic, it is very hazardous to the traveler. Should there be a
derailment at that location, the cars would land on top of the Magna
Corporation Acrolein Plant.
Councilman Moore requested that staff investigate the
intersection of Gosford Road and Paaheco Road at the railroad tracks
and contact all parties involved, especially the railroad company,
safety device can be installed at that crossing.
staff check the accidents that have occurred
to see if some sort of
He also requested that
at that location.
In answer to
a question by Councilman Christensen, Fire
Chief Needham stated the awareness of the location of the Magna
Corporation Acrolein Plant came through the firemen in the field.
It was reported to the Fire Marshal who alerted the Fire Chief in
March, 1984. It is south of an area being developed by Tenneco Realty
Development Corporation and located in the County.
Councilman Dickerson stated there is a facility near the
intersection of Pacheco and Wib]e Roads. The land south of it is
proposed for residential use and a commercial development is proposed
just north of it. tie requested thai staff investigate the chemicals
being used there, what their toxicity is and if there is any future
hazard.
Councilman Childs request~d a report on what is contained
in two tanks at the southwest corner of Brundage Lane and Lakeview
Avenue.
Upon a motion by Councilman Dickerson, the matter of lethal
and toxic chemicals within the City and metropolitan area of the
County, was referred to the Intergovernmental Relations Committee
for investigation and report back to the Council as soon as possible.
Councilman Moore read a memorandum from City Manager
Caravalho regarding Public Hearing ~n the Kern River Plan, as follows:
It is my suggestion that you consider a format
for the public hearing on the Kern R~ver Plan.
240
Bakersfield, California, December 12, 1984 - Page 3
The
what night to
River Plan.
One alternative could be to have the proponents
speak on the 19th for two hours, with the opponents
speaking for two hours al a subsequent meeting.
Staff can respond to comments of the proponents
and opponents at a third meeting. (The hearing
format should allow all the testimony to be taken,
with the intent of responding at a later time.)
A second alternative could be to have one hour for
the proponents and one for the opponents at the
meeting of the 19th. Staff can then respond at a
subsequent meeting.
It would be beneficial for
what the format will be at
can be publicized prior to
the City Council to state
this meeting so that it
the meeting of the 19th.
Councilman Moore made a motion to approve Alternative
No. 1, proponents of the Kern River Plan would speak at the meeting
of December 19, 1984, for two hours, with opponents speaking for
two hours at a subsequent meeting and staff responding to comments
at a third meeting.
During discussion, Councilman Rockoff stated the Council
should allow time for rebuttal to the testimony of the proponents
and opponents.
Councilman Moore stated he would accept Councilman Ratty's
request that the motion be amended to state that at the third meet-
ing, when staff makes their presentation, that anyone can submit a
written response after the staff's report is prepared, when they
have the benefit of all the proponents and opponents testimony.
Councilman Childs stated he could support that amendment,
however, he would like time for verbal response included, with a
time limit set for those verbal responses.
Councilman Moore amended his motion that persons submit-
ting written response will have not more than five minutes to present
a verbal summary of what is in the written documentation.
Council and staff engaged in a discussion regarding
hold the second portion of the hearing on the Kern
During discussion, Councilman Ratty made a motion that
the hearing be held on December 19, 1984, as scheduled, and at that
time a date be set for the second portion of the hearing.
Bakersfield, California, December 12, 1984 - Page 4
241
Councilman Rockoff offered a substitute motion that at the
hearing of December 19, 1984, the proponents and opponents be heard
for one and one-half hours each and at that time the Council make a
decision where to go from there. After further discussion the
substitute motion was unanimously approved.
Councilman Moore stated there has been some concerns and
misunderstandings expressed by the public regarding the City Manager's
reorganization and requested a report from the City Manager.
City Manager Caravalho stated the reorganization submitted
to the Council a couple of months ago took existing positions and
reclassified them. The Deputy City ~anager position is consistent
with a Department Head position and the compensation is equal to other
Department Heads. The Assistant to the City Manager is a lesser
position than the previous Assistant City ~anager-Finance position.
The Budget Analyst position is vacant and was already in the budget.
The net result is an annual savings of $18,000.
being recruited at the same time. C~ty Manager
the Personnel Division for their recruitment of
The top of the salary range for the Deputy City
All positions are
Caravalho commended
these positions.
Manager is approxi-
mately $51,000 per year.
management position and
per year.
The Assistant to the City Manager is a
the top salary range is approximately $36,000
Upon a motion by Councilman Childs, he was granted per-
mission to use the Outreach Office on Lakeview Avenue for two hours
(6:00 - S:00 P.l~.) on Christmas Eve to receive and distribute donated
food.
Councilman Barton announced he intends to nominate Mr.
Howard Silver for reappointment to the Golden Empire Transit District
Board, term expiring January 6, 1989.
Councilman Childs stated he has received numerous inquiries
regarding Sewer Fees and requested a report.
City Manager Caravalho stated the fee is due to be increased
in January, 1985. Based upon a laverable economic situation the staff
is waiting until the bonds are opened. It may reflect a more favorable
242
BakersfJeld, California, ~ecember 12, ]984 - Page 5
economy, thus, staff may be submitting a report to the Council
giving an evaluation as to whether the increase is necessary or not.
Staff has no plans to decrease the fees. They are currently
$650.00 and the intention is to increase it to $850.00 in January,
1985. If that is not necessary, in terms of meeting the City's
debt obligation, staff will so indicate to Council and the Council
can make a decision as to whether to leave it where it is or make
an adjustment, less than $850.00.
Councilman Childs asked if it is anticipated that the fee
will be increased ~n January, 1985.
City Manager Caravalho stated he would be able to answer
that question in two weeks.
REPORTS
City Manager Caravalho stated staff thought it might be
bene[icia] to the Council and public to present brief reports on
activities staff is inw~lved with that tend to have low visibility.
City Manager Caravalho made a presentation regarding the
Trustee Work Program of the Public Works Department/County Sheriff's
Office, as follows:
On March 21, 1983, the Public Works Department started
a work program using trustees from the Lerdo Facility.
The program was designed in cooperation with the Kern
County Sheriff's Office to provide an incentive to
the trustees as well as provide services to the com-
munity that would not otherwise be furnished due to
budget constraints and lack of personnel. The trustees
~nvolved in the program are given an opportunity to
shorten their sentences depending on the number of days
worked and their job performance.
At the start of the program, only eight trustees were
used. They were picked up five days per week at the
Lerdo Facility and transported in a police van to the
Corporation Yard. They were assigned to the various
Public Works' divisions as needed, and at the end of
the shift were transported back to Lerdo.
The program was such a success that we received requests
from the Water Department, Civic Auditorium, and other
Public Works' divisions for additional trustees.
Because of transportation problems, a request was sub-
mitted to the City Council for funds to purchase a used
32 passenger bus for transporting additional trustees.
The request wats approved, and the bus was put into service
in January, 1984. Since January, the number of trustees
working has increased to :in average of 28.5 daily. Each
Bakersfield~ California, December 12, 1984 - Page 6
2,43
trustee works an average of six hours per shift.
Services provided by the trustees include washing
equipment, repairing tools and equipment, park clean-
up, weed eradication, cleaning alleys, and general
shop cleaning.
During the last year, approximately 36,000 hours
were contributed to the City through this program.
For the month of November, 1984, the trustees were
assigned to work [or the £ol]owing departments or
divisions and contributed a total of 3,420 hours.
PUBLIC WORKS
ttours
Equipment Maintenance - Washing and waxing equipment
- Cleaning shop floors and walls
458
Genera] Services - Repairing damaged barricades
- Washing windows
- Assisting in keeping lunch room clean
2O
Parks - Weed eradication throughout the City
- Litter control in parks
1,140
Sanitation
- Cleaning up trash around receptacles
alleys and business districts
205
Streets - Repairing erosion around drainage sumps
- Cleaning alleys prior to repairs
30O
Total Public Works 2,123
POLICE DEPARTMENT
636
- Washing police ears and motorcyles
- Clean up around police garage and parking
lot
AUDITORIUM 310
General Clean-up in Auditorium
- Litter control in parking area
Washing windows
WATER RESOURCES
351
Removing weeds and debris from river
and canal operations
TOTAL 3,420
City Manager Caravalho stated from time to time staff
will present different projects from various departments for the
Council and public's information.
244
Bakersfield, California, December 12, 1984 - Page 7
Councilman Dickerson stated he felt it is a wonderful
program and asked if the City has anything that individually
recognizes the efforts of a specific inmate.
City Manager Caravalho stated the City does not provide
such individual recognition. Thero is an incentive for the inmate
to participate, in terms of shortening his time.
Mayor Shell indicated that she has a certificate that she
gives out that the Council may want to use for this purpose.
Councilman Dickerson made a motion that staff draft an
appropriate document and authorization be granted for expenses
necessary for this purpose.
Councilman Ratty stated he cannot agree with Councilman
Dickersoh's motion. He felt the inmates are incarcerated for a
purpose, they are being punished and they are being rewarded by
serving a shorter time for doing a good job.
Assistant Chief of Police Thompson stated before the
Council grants any type of certificate, they should check with the
Sheriff's Office and see how they feel about this subject. They
do not want them to have any gratuities.
Councilman Dickerson amended his motion that the subject
of issuing some type of document to the inmates involved in the
Trustee Work Program, be referred to the Personnel Committee for
study and recommendation.
Councilman Childs suggested, in light of the remarks made
by Assistant Chief of Police Thompson, the matter be left alone and
reconsidered at a later date.
City Manager Caravalho suggested that a letter be written
to the Sheriff expressing the Council and staff's appreciation for his
cooperation with the City in this program.
Councilman Ratty offered a substitute motion that the entire
subject be dropped. This motion was approved by the following roll
call vote:
Ayes:
Noes:
Absent:
Councilmen Childs, Christensen,
Councilman Dickerson
None
Moore, Ratty, Rockoff, Barton
Bakersfield, California, December 12, 1984 - Page 8
245
City Manager Caravalho stated he would like to have some
indication from the Council as to whether or not they would like
to have more presentations from various departments, such as the one
given tonight.
Councilman Christensen, Chairman of the Auditorium and
Community Services Committee, read Report No. 13-84 regarding Concert
Piano, as follows:
Upon the request of the Bakersfield Symphony
Associates, the C~ty Council on September 27
of this year authorized $20,000 towards acquir-
ing a concert piano to be used at the Civic
Auditorium. At that time, the Council informed
the representatives of tho Bakersfield Symphony
that the City would contribute up to $20,000;
however, they would have to provide any additional
funds necessary for them to purchase this concert
piano.
Mr. Pete Jones of the Bakersfield Symphony
Associates recently contacted us and has indicated
that they have been successful in obtaining $6,500
and are ready to proceed with the purchase.
Through their efforts, the City will now have its
own concert piano.
We would request at this time Council authorization
to donate $20,000 to the Bakersfield Symphony Associ-
ates and instruct the City Attorney to draw up the
legal documents required in this transaction.
Upon a motion by Councilman Christensen, Auditorium and
Community Services Committee Report No. 13-84 regarding Concert Piano,
was accepted; authorization was granted to donate $20,000 to the
Bakersfield Symphony Associates; and the City Attorney was instructed
to draw up the legal documents required in this transaction.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claim Nos. 2950 to 3049,
inclusive, in the amount of $500,351.42.
(b)
Claim for Damages from Pacific Bell, 2510
Towne Centre Place, Room 202, Anaheim,
California. (Refer to City Attorney)
(c)
Street Right-of-Way Easement from (:iumarra
Brothers Fruit Company required to complete
Eissler Street to Brewer Street, Brewer
Street to La Costa Street and La Costa
Street to University Avenue in the vicinity
of Chipman Junior Hitch School and Risslet
Elementary School.
246
Bakersfield, California, December 12, ]984 - Page 9
(d)
(e)
(f)
(g)
(n)
(i)
(j)
(k)
Grant Deed for Drainage Basin Site from
Tenneco Realty Development Corporation
as required by the Planning Commission
for Parcel Map No. 7145, located at the
northeast corner o[ Wible and Pacheco Roads.
Notices o[ Completion and Acceptance of
Work on:
Installation of vehicle detector loops on
Oak Street and Truxlun Avenue, Contract
No. 84-173 with E and S Electrical.
Siphon at 21st Street and the Carrier Canal,
Contract No. 84-165 with Granite Construc-
tJon Company.
King Street curb and gutter, Contract No.
84-43 with Jim Alfter Contractor.
Resurface Hughes Lane from Wilson Road to
Ming Avenue, Contract No. 84-234 with
Granite Construction Company.
Application £or Encroachment Permit from
U. S. Home Corporation, 5500 Ming Avenue,
Suife 135, Bakersfield, £or installation
of a 6 foot wood fence behind the sidewalk
on Beechwood Street, at 3700 Cypress Glen
Boulevard.
Application for Encroachment Permit from
Saba]oni Construction, Route 0, Box 329,
Bakersfield, for construction of a roof
overhang 4 feet over the sidewalk, a veneer
of br~ck 24 inches high along front of
building and planters adjacent to doorways
at 300 to 308 Chester Avenue.
Application for Encroachment Permit from
Dr. Charles D. Fritcb, M.D., 2525 Eye Street,
Bakersfield, for construction of a parking
structure for adjacent medical offices,
encroaching 4 feet into the rfght-of-way
on Eye Street at 2525 Eye Street.
Plans and Specifications for Traffic Signal
System on California Avenue at Marella Way.
Program Supplement No. 21 to Local Agency
State Master Agreement between the State of
California and the City of Bakersfield cover-
ing railroad grade crossing protection on
Wible Road at the Southern Pacific Transpor-
tation Company tracks.
Agreement between the City of' Bakersfield
and Rauscher Pierce Refsnes, Inc., pro-
v~ding financial consulting services for
the issuance of approximately $15~000~000
City of Bakersfield Public Facilities Corpor-
ation Bonds £or the upgrade and expansion
of Wastewater Treatm~mt Plant No. 3.
Bakersfield, California, J~ecember 12, I984 - Page l0
Acceptance of the City of Bakersfield
Annual Financial Report for the year
ended June 30, 1984.
Councilman Rockoff made a motion to adopt Items (a), (b),
(c), (d), (e), (f), (g), (h), (i), (j), (k) and (]) of the Consent
Calendar.
Councilman Childs offered a substitute motion that Items
(i), (j) and (k) be removed from the Consent Calendar and considered
separately. This motion was unanimously approved.
Councilman Rockoff stated he wanted to point out to the
Council that Item (c), Street Right-of-Way Deed from Giumarra
Brothers Fruit Company, has been received and he wanted to publicly
thank Mr. John Giumarra, Jr., and other executives of Giumarra Brothers
Fruit Company for being so cooperative in finally solving the problem.
In answer to a question by Councilman Childs regarding Item
(i), Public Works Manager Hawley stated, approximately one to two
years ago, at the time Mervyn's Store was being remodeled, there was
a request for a traffic signal at the entrance to Mervyn's. At
that point the Council requested staff to evaluate California Avenue
from Stockdale Highway to Real Road and indicate where existing
signals were located and where staff anticipated additional signals
would be required. The decision was made to install three additional
signals. The first two have been installed and this is the third
and final signal along California Avenue.
In answer to a question by Councilman Dickerson, Public
Works Manager Hawley stated he did not know of any traffic counts
that have been conducted at the intersection of California Avenue
and Marella Way since August or Sepl:ember, 1984. They try to make
traffic counts along major arterials at least once a year, but he
does not have any knowledge about a particular intersection. The
records will have to be checked.
Councilman Dickerson stated, according to the Traffic
Engineer, no traffic count has been made on California Avenue since
1979. He is concerned with the left-turn lanes along California
248
Bakersfield, California, December 12, 1984
Page
Avenue being too short and the cars backing up into the roadway
impeding traffic going west. To spend $88,000 on a traffic light
and not remedy the main problem on California Avenue is not the best
way to spend money. He has not seen any information to indicate
that this intersection has been sludied since he raised the issue
in August or September.
In answer to a question by Councilman Ratty, Public Works
Manager Hawley stated this intersection has been studied several
times. It was studied, in detai], at the time the traffic signal
was installed at Mervyn's. Traffic counts are made at various
locations along California Avenue
one was not made in recent moDths
Councilman Ratty stated
and he would be very surprised if
at various locations.
the traffic problem has not
improved since the time the study was conducted and expressed his
confidence in the recommendations of Traffic Engineer Hahs and
Public Works Manager Hawley on traffic signals.
Councilman Moore made a motion to approve Item (i) of
the Consent Calendar.
Councilman
on California Avenue
the islands. It is not a question of referring it to a committee,
but having the study updated by the Traffic Engineer.
Councilman Barton suggested that Councilman Dickerson's
concerns regarding the stacking of left-turn lanes be referred to
staff for study and recommendation.
Public Works Manager Hawley stated bids were received on
extending the turning lanes at several locations along California
Avenue, however, due to lack of funds only a portion were bid. He
would recommend the alternate suggestion by Councilman Barton.
Councilman Moore stated he has been working with Public
Works ~anager Hawley and Traffic Engineer Hahs regarding the stack-
Jng of left-turn lanes and fhere is a lot of effort currently going
on to facilitate those problems.
Dickerson stated, in his opinion, the problems
do not center around traffic lights, but to
Bakersfie]d, California, December lP, 1984
Page
249
on Item
California Avenue at
of December 19, 1984.
Councilman Dickerson offered a substitute motion that action
(i) Plans and Specifications for Traffic Signal System on
Marella Way, be deferred until the Council Meeting
This motion carried by the rollowing roll call
vote:
Ayes: Councilmen Childs, Christensen, Dickerson, Rockoff
Noes: Councilmen Moore, Ratty, Barton
Absent: None
Upon a motion by Councilman
Noes:
Absent:
declared at 8:50 P.M. and the Council
lipon a motion by Councilman Barton, Item (j) of the
Calendar, was adopted by the followiDg roll call vote:
Ayes: Councilmen Childs, Dickerson, Moore, Ratty, Rockoff,
Barton
None
Councilman Christensen
Upon a motion by Councilman Moore, Item (k) of the
was adopted by the following roll call vote:
Councilmen Childs, Dickerson, Moore, Ratty, Rockoff,
Calendar,
Ayes
Noes
Absent:
(d),
by the
Ayes
Barton
Rockoff a brief recess was
reconvened at 9:05 P.Y.
Consent
Noes
Absent:
Information
System, was
Consent
None
Councilman Christensen
Upon a motion by Councilman Childs, Items (a), (b), (c),
(e), (f), (g), (h) and (1) of the Consent Calendar, were adopted
following roll call vote:
Councilmen Childs, Dickerson, Moore, Ratty, Rockoff,
Barton
None
Councilman Christensen
ACTION ON BIDS
Upon a motion by Councilman Barton, low bid of Western
System, in the amount ol~ $74,481.96, for Word Processin!~
accepted and all other bids rejected.
250
Bakersfield, California, ~ecember 12, 1924 - Page
Upon a motion by Councilman ~oore, low bid of Flo Systems,
Inc., in the amount of $16,197.00, for Manufactured Electrical
Panelboard for Ashe Water Pumping Station No. 15, was accepted, all
other bids rejected and the ~ayor was authorized to execute the
contract.
Upon a motion by Councilman Childs, bid of Waukesha
Engine Servicenter, Inc., in the amount of $26,704.58, for Standby
Electric Generating System for Ashe Water Well No. 15, was accepted
and the ~4ayor was authorized to execute the contract.
Upon a motion by Councilman Barton, bid of American
Rubber Company, in the amount of $26,972.76, for Fire Hose, was
accepted and all other bids rejected.
Upon a motion by Councilman Barton, low bid of Chester
Avenue Brake and Supply, in the amount of $7,088.75, for Wheel
Balancers, was accepted and the other bid rejected.
Upon a motion by Councilman Childs,
ing Company, in the amount of $23,030.09, for
Aluminum Planks and Accessories, was accepted
authorized to execute the contract.
bid of General Seat-
Annual Contract for
and the Mayor was
Upon a motion by Councilman Dickerson, low bid of G. M.
Services, in the amount of $4,076.12, for Signal Hardware, was
accepted and the other bid rejected.
Upon a motion by Councilman Ratty, low bid of Consolidated
Electric, in the amount of $4,922.64. for Traffic Lamps, was accepted
and all other bids rejected.
Upon a motion by Councilman Dickerson, low bid of James
G. Francis, Contractor, in the amount of $188,366.O0, for street
improvements on W~ble Road between ~acheco Road and Garland Avenue
and on District Boulevard between Stine and Ashe Roads, was accepted,
all other bids rejected and the Mayor was authorized to execute the
contract.
Bakersfield, California, December 12, 1984 - Page 14
DEFERRED BUSINESS
Adoption of Ordinance No. 2956 New
Series of the Council of the City of
Bakersfield amending Section 17.06.020
of Chapter 17.06 (Zoning ~ap) of the
Municipal Code of the City of Bakers-
field regarding prezoning of property
known as California Avenue No. 5
Annexation.
This amendment would prezone properties owned by Vernon
Strong and Manuel Candelaria, eta], to a C-2 Commercial) Zone,
and are located at the southwest corner of California Avenue and
South King Street.
The Planning Commission recommended approval of the Zoning
Upon Annexation for California No. 5 Annexation.
Upon a motion by Councilman Moore, Negative Declaration and
Ordinance No. 2956 New Series of the Council of the City of Bakers-
field amending Section 17.06.020 of Chapter 17.06 (Zoning ~ap) of
the Municipal Code of the City of Bakersfield regarding prezoning o[
property known as California Avenue No. 5 Annexation, finding said
zoning consistent with the General Plan, were adopted by the foIlow--
ing roll call vote:
Ayes:
Councilmen Christensen. Dickerson, Moore, Rally,
Rockoff, Barton
Noes: None
Absent: None
Abstaining: Councilman Childs
Adoption of Zoning Resolution No. 320
of the Council of the City of Bakers-
field partially granting the Appeal
of U. S. Itome Corporation from the
decision of the Board of Zoning
Adjustment affecting that certain
property at 499 and 601Pacheco Road
and zoned as an MH (Yobilehome) Zone
to permit the reduction of the side-
yard setback to three feet on 21 lots.
This resolution sets forth the decision of the Council
following the appeal hearing on this matter held November 14, 1984.
252
Bakersfield, California, ~ecember 12, 1984 - Page 15
Upon a motion by Councilman Barton, Zoning Resolution
No. 320 of the Council of the City of Bakersfield partially granting
the Appeal of U. S. Home Corporation from the decision of the Board
of Zoning Adjustment affecting that certain property at 499 and 601
Pacheco Road and zoned as an MH (Mobilehome)
reduction of the side-yard setbaek to three
adopted by the following roll call vote:
Councilmen Childs,
Rockoff,
Ayes:
Noes: None
Absent: None
Zone to permit the
feet on 21 lots, was
Christensen, Dickerson, Moore, Ratty,
Barton
Adoption of Zoning Resolution No. 321
of the Council of the City of Bakers-
field granting the Appeal of Leona and
Lloyd Smith from the decision of the
Board of Zoning Adjustment denying a
Modification to permit the reduction of
required off-street parking from 2,t to
]S spaces on that property commonly
known as 212 Goodman Street.
This resolution sets forth the decision of the Council
following the appeal hearing on this matter held November 14, 1984.
Upon a motion by Councilman Christensen, Zoning Resolutioa
No. 321 of the Council of the City of Bakersfield granting the
Appeal of Leona and Lloyd Smith from the decision of the Board of
Zoning Adjustment denying a llodification to permit the reduction of
required off-street parking from 24 to 13 spaces on that property
commonly known as 212 Goodman Street, was adopted by the following
roll
Ayes:
call vote:
Councilmen Childs, Christensen, Dickerson,
Rockoff, Barton
Noes: None
Absent: None
This
an Appeal by Patty and Art
on
relocation of the two-story unit,
Moore, Ratty,
HEARINGS
is the time set for public hearing before the Council
Knight, concerning issues of site
wall/building height restrictions,
Bakersfield, California, December 12, 1984 - Page
2, 3
and use/conveyance of 5 foot-wide strip between building and property
line, in the decision of the Planning Commission granting an appli-
cation by Public Storage, Inc., to amend the zoning boundaries fro~
an R-1 (One Family Dwelling) Zone to a P.C.D. (Planned Commercial
Development) Zone, on that certain property commonly known as 3700
Wilson Road.
This hearing was duly
notified as required by law.
lion.
advertised and the property owners
Mayor Shell declared the hearing open for public participa-
Mr. Art Knight, 2400 Gentry Street, stated they do not
want to discourage development of this property, but they want to
work on the three areas addressed in their letter of appeal. They
do not feel they are being treated fairly as an R-1 zoned property
next to commercial property. Their main concern is the height of
the wall. Due to the nature of the property a lot of fill work has
to be done, which would place the retaining wall 4 to 5 feet along
the property and they plan to place the mini-storage units 5 feet
off the property line. That will make the wall at least 16 feet
high and it will be approximately 50 feet from their homes. They
feel the wall is not Jn keeping with the character and nature of a
residential neighborhood. He suggested that if the developer would
not have to fill that 4 or 5 feet of his property, in order to drain
to Real Road and keep the property line adjacent to theirs at the
same basic elevation, the wall would only be approximately 12 feet
high. Their homes and adjacent sump are located in the County.
Perhaps something could be worked out with the County to expand the
sump so the rear portion of the land could drain into it. He was
also concerned with the liability, if the developer landscapes the
5 feet
owners
to the
Mr.
of land without a wall or fence and lets the adjacent properly
utilize it. The developer has discussed deeding that property
adjacent property owners and they would not object to that.
Knight expressed his objections to the one hour wall and two-story
254
Bakersfield, California, December 12, 1984 - Page 17
unit and requested it
They feel that whatever is placed on this
keeping with an R-1 neighborhood, because
an R-1 to Commercial.
be relocated on the north side of the property.
property should be in
it is being rezoned from
Mr. Bob Hicks, representing Public Storage, Inc., stated
he is concerned about Mr. Knight's property, but there is nothing
that can be done because the elevations dictate what has to be put
on the west property line. They have investigated different means
to solve the problem and this is the only £easible way they can go.
If a sump was placed on the site they would lose approximately
10,000 square feet and the benefit is only approximately 1 foot in
elevation. They have met all the requirements of the City and are
ready to file.
Mr. Hicks, with the aid of a map,
to the Council and staff.
In answer lo a question by Councilman Rockoff, Assistant
Planning Director Hardisty stated a parapet is a 30 inch extension
above the roof line to create a barrier. It is for fire protection
and creates a separation. That parapet is required on property
explained the development
a Building Official yester-
day and the only way the parapet can be eliminated is to build a
metal wood roof and metal structure on the interior of the building
and that is not conducive to the way they build their facilities.
No further protests or objections being received and no
one else wishing to speak in favor, Mayor Shell closed the public
portion of the hearing ior Council deliberation and action.
During discussion, Councilman Ratty asked how the conflict
between the two property owners regarding expansion of the sump can
be solved.
lines to protect adjacent properties
adjacent properties. Apparently the
an easement prohibiting construction
parapet would not be required.
Mr. Hicks stated he met with
and to be protected from
Building Official would accept
in an adjacent fashion so the
Bakersfield, California, December 12, 1984 - Page 18
2.55
Public Works ;~anager Hawley stated the sump is owned and
maintained by the County. The property is designed so that the
drainage ends up at the intersection of Wilson and Real Roads.
Eventually it drains to the south and enters a City sump. It appears
the County sump is not of sufficient size to be expanded to handle
this area and that is the problem.
Councilman Ratty stated, assuming the sump could be lowered,
is it possible to eliminate the fill on the back and drain into that
sump.
Public Works Manager Hawley stated he has not checked it
in detail, but just glancing at the drawings, it appears it could be
lowered 3 to 4 feet.
Councilman Ratty suggested that this matter be held over
in order to allow staff time to investigate the possibility of a
different drainage system by talking to the County about expanding
their sump to see if it can be lowered by 4 or 5 feet.
Councilman Christensen made a motion that the hearing be
continued until the Council Meeting of January 9, 1985 in order to
allow the parties involved time to try to work out the drainage
problems with the Public Works Manager.
Councilman Childs made a motion to call for the question.
This motion was unanimously approved.
Upon a motion by Councilman Christensen, appeal by Patty
and Art Knight concerning issues of sife relocation of the two-story
unit, wall/building height restrictions, and use/conveyance of a
5-foot wide strip between building and property line, in the decision
of the Planning Commission granting an application by Public Storage,
Inc., to amend the zoning boundaries from an R-1 (One Family Dwelling)
Zone to a P.C.D. (Planned Commercial Development) Zone, on that
certain property commonly known as 3700 Wilson Road, was continued
until the Council Meetin~ of January 9, 1985, in order to allow the
parties involved time to try to work out the drainage problems with
the Public Works Manager.
Bakersfield, California, December 12, 1984 - Page
NEW BUSINESS
Adoption of Resolution No. 97-84 of
the Council of the City of Bakers-
field authorizing lhe issuance and
sale of City of Bakersfield Hospital
Revenue Bonds (Greater Bakersfield
Memorial Hospital), Series ]984, the
execution and delivery of an Indenture
and Loan Agreement and certain other
actions in connection therewith.
This resolution is the final step to be performed by the
City in the issuance of Revenue Bonds to Memorial Hospital. The
City acts as conduit for the issuance, but incurs no liability.
The City will be paid $125,000 to cover the administrative costs
incurred by the City.
Upon a motion by Councilman Christensen, Resolution No.
97-84 of the Council of the City of Bakersfield authorizing the
issuance and sale of City of Bakersfield Hospital Revenue Bonds
(Greater Bakersfield Memorial Hospital), Series 1984, the execution
and delivery of an Indenture and Loan Agreement and certain other
actions in connection therewith, was adopted by the following roll
call vote:
Ayes Councilmen Childs, Christensen, Dickerson, Moore, Batty,
Rockoff, Barton
Noes
Absent:
None
None
Authorization granted to submit the
Application for 1985 Rental Rehabili-
tation Program to the Department of
Housing and Urban Development.
On June 27, 1984, the City Council authorized the City
of Bakersfield to participate in the Rental Rehabilitation Program
for Fiscal Year 1984.
In order to continue this program, the Rental Rehabilitation
Program application for Fiscal Year 1985 has been prepared for sub-
mission to the Department of Housing and Urban Development. The
program provides grant funds to help support the rehabilitation of
rental properties that are occupied by low and moderate income
Bakersfield. California, December 12, 1984 - Page 20
2o7
families. The City of Bakersfield has been allocated $85,000 of
grant funds for this purpose. The Rehabilitation Program will
promote safe and decent housing for lower income persons and is
designed to utilize Section 8 Certificates and/or Vouchers to
maintain affordability of the units to our target population.
Upon a motion by Councilman Childs, authorization was
granted to submit the Application for 1985 Rental Rehabilitation
Program to the Department of Housing and Urban Development.
ADJOURNMENT
There being no further business to come before the Council,
upon a motion by Councilman 3~oore, the meeting was adjourned at
10:10 P.M.
MAYOR of the City of BakerSfield, Calif.
ATTEST:
CITY CLERK and Ex Officio Clerk of the
of the City of Bakersfie]d, California
ma/cw
Council
?,58
Bakersfield, California, December 19, 1984
None.
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 19,
The meeting was called to order by Mayor Shell followed
by the Pledge of Allegiance and Invocation by Reverend L. C. Mailey,
St. Paul's Baptist Church, Corcoran, California.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Christensen, Dickerson, Moore,
Ratty, Rockoff, Barton, Childs
Absent:
Minutes of the regular meetings of November
December 5, 1984, were approved as presented.
CORRESPONDENCE
Upon a motion by Councilman Barton,
28, and
communication from Mr.
Chuck Jimerson, Holden Truck Plaza, 3775 Pierce Road, Bakersfield,
dated December ll, 1984, regarding right-of-way or 26-foot set-back
problem, was received and referred to the Public Works Department.
Upon a motion by Councilman Moore, communication from Ms.
Carol Benston, 211 Oakbank Road, dated December 10, 1984, requesting
a General Plan Amendment of a portion of a residential area on half
of Oakbank Road, Oak Place, one block of Bank Street and parts of
Olive Street, was received and referred to the Planning Commission.
COUNCIL STATEMENTS
Upon a motion by Councilman Childs, the following persons
were reappointed to the Fire Department, Police Department and Mis-
cellaneous Departments Civil Service Boards:
FIRE DEPARTMENT CIVIL SERVICE BOARD
Yember
Term Expires
POLICE DEPARTMENT CIVIL SERVICE BOARD
Robert B. Lumis
William R. Perry
Kenneth E. Vetter
December 31, 1985
December 31, 1986
December 31, 1987
Kenneth A. Gamez December 31, 1985
Harold L. Matlock December 31, 1986
Don G. Simpson December 31, 1987
Bakersfield, California, December 19, 1984 - Page
259
MISCELLANEOUS DEPARTMENTS
CIVIL SERVICE BOARD
M. James Sughrue, Jr. December 31, 1985
Louis G. Whitfield December 31, 1986
Rita M. Eggerr December 31, 1986
William Jing December 31, 1987
Bob Johnston December 31, 1987
Councilman
George White to fill
Childs placed into nomination the name of Mr.
the vacancy created by the death of Mr. Horace
Massey, on the Greater Bakersfield Separation of Grade District, and
stated he will provide the Council with Mr. White's resume prior to
the next Council meeting.
Upon a motion by Councilman Barton, Mr. Howard Silver was
reappointed to the Golden Empire Transit District, term expiring
January 6, 1989.
Upon a motion by Councilman Rockoff, the following New
Business items were moved forward on the agenda to be considered
immediately following the Consent Calendar:
Adoption of Resolution No. 98-84 of
the Council of the City of Bakers-
field approving the formation and
members and directors of the City of
Bakersfield Public Facilities Corpora-
tion, and approving the financing
arrangements for bonds of said corp-
oration, the base rental payment, and
awarding the construction contract for
the Wastewater Treatment Plant No. 3.
Deferral of Oral Report by Finance
Director regarding status of increase
in sewer connection fees scheduled for
January 1, 1985 implementation.
Councilman Rockoff stated he has enjoyed his tenure in
office during Mayor She11's term and would like to thank her for the
fine manner in which she has conducted herself while serving as Mayc. r.
Councilman Dickerson extended his personal thanks for Mayc. r
Shell's assistance to him as a new Councilman and wished her luck in
her new office as 5th District Supervisor of Kern County.
Councilman Dickerson placed into the record correspondence
he received from Mr. Ty Stillman, regarding the Kern River Plan.
Councilman Moore thanked Mayor Shell for the concern, dedica-
tion and assistance she has shown to him, t~e Councit and the community;
and wished her well in her new job as Supervisor.
260
Bakersfield, California, December 19, 1984 - Page 3
Councilman Ratty stated Mayor-Elect Payne is in the audience
and has a tough act to follow. He wished Mayor Shell luck in her new
position as Supervisor.
Vice-Mayor Barton thanked Mayor Shell for the four years
leading the City. As Mayor, she has done a tremendous job with
innovative ideas and has been very producttwo. He looks forward to
working with her as Supervisor.
Councilman Childs stated he has enjoyed working with Mayor
Shell prior to and after coming on the Council and wished her well
in her new position as Supervisor.
Councilman Christensen complimented Mayor Shell on her
statements during ribbon cutting ceremonies, as they were always
timely and very uplifting regarding the City. He has been in the
City for more than 50 years and would rank her No. I in dedication
and outstanding charisma.
Mayor Shell made the following statement:
Since this is the last meeting over which I will
preside as Mayor of Bakersfield, I would like to
publicly express my deep appreciation for the
generally warm working relationship we have enjoyed
the last four years. I know you are all hard
working representatives of your constituents and
while I might not have agreed with all of your
decisions. I am convinced of your sincerity and
desire to do the right thing for the people of
the City.
I also want to thank the City Department Heads and
employees for their friendship and extraordinary
willingness to be helpful. Through personal
experience, I know a very strong esprit de corps
exists among the City employees. They are proud
to be members of an outstanding team. I am proud
to have been associated with them these four years.
They are all very special. I do feel compelled to
mention, in particular, the 80 or so employees at
the corporation yard who so generously donated
their time and effort, a full day, during a major
clean-up effort last year. I don't think this
has happened in any other city.
As you know, I created the Beautiful Bakersfield
Committee, which is growing in strength and in
new directions. I know my successor, Tom Payne,
is already committed lo supporting them. I hope
you, too, will give them encouragement and support
they deserve. They are working to further enhance
the city lifestyle. I was interested in reading
just this week an article by Indianapolis Mayor
William Hudnut. He had asked a General Motors
Bakersfield, California, December 19, 1984 - Page 4
261
Vice President why his company had decided to locate
in Indianapolis. His answer surprised Mayor Hudnut,
who said, "...our tax structure---seemingly the most
important economic element in such a decision---wasn't
among the factors he mentioned. In fact, he ranked
five or six factors higher on his list, including the
harmonious relationships between black and white
residents of the city, our cultural opportunities,
and our overall quality of life."
He went on to say, "Earlier ~n a study commissioned
for the City of Indianapolis by our Chamber of Commerce,
the Fantus Corporation told us that what counts about
a city---as much as its buildings, its economic con-
ditions, its labor-management relations, its crime
statistics, its utilities, or its political structures---
is its quality of life: its homes, its churches, its
schools and its cultural environment."
The Beautiful Bakersfield Committee can do much to
improve the cultural environment of our City. They
need to know you are behind them in their efforts.
do
A couple of more observations: I think I speak for
thousands of City residents when I express my apprecia-
tion for the City Council creating our Historical
Preservation Commission. By doing this you have made
a statement that our heritage is important and worth
preserving. In your hands is the power to preserve
the very character of this City or to allow its gradual
demise. I am hopeful that you will not succumb to
the temptation to bulldoze some of our best neighbor-
hoods and unique, historic buildings in the name of
engineering progress.
Because I have occupied the Office of Mayor during a
period of the City's greatest growth I would like to
offer some recommendations for some changes in the City
Charter. The demands of the people in our City make
the Office of Mayor a full-time position. The Charter
treats it as a parttime position. You will have to
decide if you want to put this question to the voters---
to amend the Charter to reflect reality. The compensa-
tion is now $500 a month. Perhaps you could consider
raising this to $1,000 a month. The people, of course,
would have the right to either accept or reject this
amendment.
Hopefully, you could also offer an amendment to give
the Mayor a vote, since the Mayor is the choice of
areas of the City. This could create tie votes of four
to four, so to resolve this, an additional member of
the Council could be established---giving Bakersfield
eight instead of seven wards.
And, as I suggested when I assumed office, I still
would like to see the Council Committee Meetings open
to the public, and to the ~ayor, who is expected to
keep people abreast of what's happening in City govern-
ment.
Thank you for your time and courtesy. I look forward
to a very cordial relationship with you and members of
the City staff when I assume the office of Supervisor
next month. Thank you.
Mary K. Shell
Mayor
Bakersfield, California, December 19, 1984 - Page 5
CONSENT CALENDAR
Allowance of Claim Nos. 3050 to 3285, inclusive,
in the amount of $1,044,432.73.
Claim for Damages from Kern County Transporta-
tion dba Kare Driver, David Burton, 1409 Washing-
ton Street, BakersfieId. (Refer to City Attorney)
Claim for Damages from Melanie Campos, 512
Melissa Court, Bakersfield. (Refer to City
Attorney)
Claim for Damages from Dennis E. Walkwitz, 804
Louise Street, Santa Ana, California. (Refer to
City Attorney)
Map of Tract No. 4578, Unit "B", and Improve-
ment Agreement with A-M Company, for construc-
tion of improvements therein, located east of
Miramonte Drive approximately one half mile
south of State Highway 178 within the Rio Bravo
Golf Club Area.
Request from LaHacienda, Inc., for an Extension
of Time to complete improvements along Route 178
easterly of Commanche Road, Agreement No. 82-2.
The Public Works Department recommends a 12-month
extension from January 5, 1985 to January 5,
1986.
Program Supplement No. 22 to Local Agency State
Master Agreement between the State of California
and the City of Bakersfield for resurfacing
Columbus Street from Auburn Street to Panorama
Drive; and OsweI1 Street from State Route 178 to
Columbus Street.
Upon a motion by Councilman Rockoff, Items a, b, c, d,
e, f and g of the Consent Calendar, were adopted by the following
roll call vote:
Ayes
Councilmen Christensen, Dickerson, Moore, Ratty, Rockoff,
Barton, Childs
Noes None
Absent: None
NEW BUSINESS
Adoption of Resolution No. 98-84 of
the Council of the City of Bakers-
field approving the formation and
members and directors of the City of
Bakersfield Public Facilities Corpora-
tion, and approving the financing
arrangements for bonds o[ said corp-
oration, the base rental payment, and
awarding the construction contract for
the Wastewater Treatment Plant No.
Bakersfield, California, December 19, 1984 - Page 6
This resolution approves bond bids opened December
approves the final lease annual rental payment and awards the
struction to the low bidder subject to delivery of the bonds.
City Attorney Oberholzer advised the Council of the
ing information to be inserted in the Resolution:
Page 1
Bonds have been awarded to: E. F.
Hutton and Company, Inc.
Page 2 The Base Rental will be: $1,848,306
Page 2 The lowest responsible bidder on
construction of Wastewater Treat-
ment Plant No. 3 expansion is:
DYN Construction Corporation.
18, 1984,
con-
follow-
Page 3 The Base Rental Payment of:
$1,848,306 is approved.
Upon a motion by ~ouncilman Christensen, Resolution No.
98-84 of the Council of the City of Bakersfield approving the for-
mation and members and directors of the City of Bakersfield Public
Facilities Corporation, and approving the financing arrangements for
bonds of said corporation, the base rental payment, and awarding the
construction contract for the Wastewater Treatment Plant No. 3, was
adopted by the following roll call vote:
Ayes: Councilmen Christensen, Dickerson, Moore, Ratty, Rockoff,
Barton, Childs
Noes None.
Absent: None.
Deferral of Oral Report by Finance
Director regarding status of increase
in sewer connection fees scheduled
for January 1, 1985 implementation.
City Manager Caravalho stated in light of the bond opening[
and the positive bid, staff is looking at the numbers in terms of
the impact on the sewer connection fee and indications are the fee
could possibly sustain the current level. Staff is not recommending
a change at this time. At the Council Meeting on January 9, 1985,
after
sewer
paid,
the bond closlng, staff will recommend a fixed rate for the
connection fee. If during that period connection fees are
it will be recommended that a reimbursement be made.
264
Bakersfield, California, December 19, 1984 - Page 7
Works Manager Hawley stated the sewer
April 1, 1984, was $475.00 and is now
raise the fee to $850.00 on January 1,
residence.
to a question by Councilman Christensen, Public
connection fee, effective
$662.50. It is proposed to
1985, for a single family
citizens
Upon a motion by
and Sons, in the amount of
Bottles, was accepted.
Upon a motion by Councilman Moore, bid of
Rogers, accepted by the Council on December 5, 1984,
eous Chemicals for Water Resources, was relieved;
Chemical for one item in the amount of $3,811.76,
Company, for one item, in the amount of $1,582.05,
Councilman Christensen stated he was glad to have those
figures available, as he has received telephone calls from several
objecting to the increase.
ACTION ON BIDS
Councilman Barton, bid of L. N. Curtis
$18,149.32, for Breathing Apparatus and
Van Waters and
for Miscellan-
and bids of Target
and Wilbur-Ellis
were accepted.
at
DEFERRED BUSINESS
Approval of Plans and Specifications for
Traffic Signal System on California Avenue
at Marella Way.
This project consists of installing new traffic signals
the intersection of Cali['ornia Avenue and Marella Way. The
project is budgeted in the 1984-85 Fiscal Year. The Engineer's
estimate for the construction project is $88,000.
Upon a motion by Councilman Moore, Plans
for Traffic Signal System on California Avenue and
approved.
and Specifications
Marella Way were
Approval of Communications System Agree-
ment between the City of Bakersfield and
Motorola Communications and Electronics,
Inc., to construct and equip a Microwave
System and its associate Multiplex System.
This agreement will provide for a microwave radio system
which will improve radio communicalions coverage for the City of
Bakersfield, County of Kern and other participating governments.
Bakersfield, California, December 19, 1984 - Page 8
2 '5
Upon a motion by Councilman Ratty, Communications System
Agreement between the City of Bakersfield and Motorola Communications
and Electronics, Inc., to construct and equip a Microwave System and
its associate Multiplex System, was approved and the Mayor authorized
to execute same.
HEARINGS
This is the time set for publlc hearing before the City
Council regarding the financing of the acquisition, construction
and equipping of a nursing home facility (California Convalescent
Hospital Project), to be located at 2251 Mount Vernon Avenue, Bakers-
field, California.
This hearing has been duly advertised.
The City acis as a conduit for the bond lssuance and does
not incur any liability of its funds on the issuance. The Council
previously adopted Resolution of Intention No. 43-84, approving this
bond issue.
Mayor Shell declared the hearing open for public participa-
tion. No protests or objections being received, and no one wishing
to speak in favor, the public portion of the hearing was closed for
Council deliberation and action.
City Attorney Oberholzer stated there has been a change in
the Resolution from $4,400,000 to $4,500,000. He further stated the
Council should adopt this resolution on condition that the Bond Issue
must be consummated by December 31,
$6,000,000 annually for bond issue.
goes into next year it could impact
1984. The City is allocated
If this particular bond issue
other programs the City might
like
the
the
to be involved in. There were no objections to this condition by
Bond Counsel. There will be a $20,000 administrative fee paid to
City for this bond issuance.
Upon a motion by Councilman Rockoff, Resolution No. 99-84
of the Council of the City of Bakersfield authorizing the issuance and
sale of Revenue Bonds (California Convalescent Hospital Project),
Series 1984 in the principal amount of $4,500,000, and authorizing
266
Bakersfield, California, December 19, 1984 - Page 9
the execution of documents required in connection therewith, and
authorizing the taking of all other actions necessary for the con-
summation of the transactions contemplated by this resolution, upon
condition that bond issue is consummated by December 31, 1984, was
adopted by the following roll call vote:
Ayes
Councilmen Christensen, Dickerson, Moore, Ratty, Rockoff,
Barton, Childs
Noes None
Absent: None
This is the time set for public hearing before the City
Council for the purpose of' hearing any person desiring to testify
on the matter of the proposed adopt[on by the City Council of the
Kern River Plan Element and proposed Negative Declaration to the
Bakersfield Metropolitan Area General Plan.
This hearing has been duly advertised and the property
owners notified as required by law.
Correspondence has been r~,ceived from the following regard-
ing the Kern River Plan:
Greater Bakersfield Chamber
of Commerce
1000 Truxtun Avenue, Suite C
Bakersfield
Mrs. Marti Johnson
3108 Dartmouth Street
Bakersfield
Mr. Hugh Sill Mr. Mel McCo]loch
Sill Properties, Inc. 6200 Lake Ming Road
3008 Sillect Avenue, Suite 100 Bakersfield
Bakersfield
Willie and Sharon Wile
Wile's Boarding Stable
543~ Willow Drive
Oildale
Willard Collier
900 Paloma
Bakersfield
Joe Cantelmi
2533 Bay Street
Bakersfield
Sylvia Cantelmi
2533 Bay Street
Bakersfield
Tina Cantelmi
2601 Drake Street
Bakersfield
Sharon Vaughn
Richard O'Neil
6600 Desmond Court
Bakersfield
Frank Cantelmi
2601 Drake Street
Bakersfield
Dan R. Walker
3023 Fordham
Bakersfield
Gene and Alberta Powell
1115 Castaic
Oildale
Bakersfield, California, December 19, 1984 - Page l0
Lisa Tinoco
1313 Lincoln Street,
Oildale
Jean Christensen
2533 Bay Street
Bakersfield
Apt. E
Paul Rupp
108 W. McCord Avenue
Oildale
Mr. Kenneth Williams
Ball, Hunt, Hart, Brown & Baerwitz
Attorneys at Law
P.O. Box 1287
Long Beach, CA 90801
Mrs. Dorothy L. Almklov
Star Rt. 4, Box 332
Bakersfield
Ruth B. Allen
1316 Radcliff
Bakersfield
Donna G. Yowell
Allie Hiett
10047 Hiett Avenue
Delano, CA 93215
Jack M. Zaninovich
Marlin Brothers
1831 Terrace Place
Delano, CA 93215
Cecil Dyar
1748 Kensington
Delano, CA 93215
Nancy A. Sewell, President
Bakersfield Board o[ Realtors
P.O. Box 2306
Bakersfield. CA 93303-2306
R. M. Cooper
6009 Eugene Place
Bakersfield
R. J. Lewin
Land Development
Shell California Production
P.O. Box 1164
Bakersfield
Inc .
Renee' L. Spasiano
2816 Ashe Road, Apt.
Bakersfield
C
Lorene Rupp
108 W. McCord Avenue
Oildale
Tenneco Oil Exploration &
& Production
P.O. Box 9909
Bakersfield
The Western Oil & Gas Associa-
tion
Stephanie Thiessen
Kevin Stahl
6700-41 Nottingham Lane
Bakersfield
Susan Turner
Eloise Chamberlin
2612 Noble Avenue
Bakersfield
Alice Davenport Toole
510 Holtby Road
Bakersfield
Michael K. Foster
Harry Love
5805 Daggett Avenue
Bakersfield
Martha Wegis Foster
W. Harland & Mary Kay
339 Cypress Street
Bakersfield
Roger E. Wilde
2517 Buena Vista
Bakersfield
Boyd
Bakersfield, California, December 19, 1984 - Page ll
Upon a motion by Councilman Barton,
pondence regarding the Kern River Plan was received
file:
Kern Audubon Society
P.O. Box 3581
Bakersfield
the following corres-
and placed on
Ty Stillman
7108 Tioga Court
Bakersfield
Monte Harper
2408 Eric Way
Bakersfield
Soneimpondher
(as submitted by Councilman Childs)
The City Council adopted a policy for public testimony
for proponents
for opponents.
highlights.
Mayor Shell
for one and one-half hour and one and one-half hour
Staff will make a presentation on background and
pation. The following people spoke in support of
Proposed Kern River Plan Element.
Mr. Richard O'Neil, 6600 Desmond Court,
declared the bearing open for public partici-
adoption of the
representing the
Kern River Bike Path Committee and Kern River Committee, stated the
Kern River was the number one issue commented on by the public in
the Year 2000 Kern County General Plan. The Plan does not create
new access, bike or horse trails; it safeguards, for the public,
the access and trails in existence. The Plan defines the contiguous
corridor through Bakersfield, creating a balanced planning tool for
development, management of open space and recreation. The Plan
accommodates future growth of trails, as well as, businesses and
open spaces. One of the most important tools within the Kern River
Element is the protection of private property by definition of the
River. Mr. O'Neil submitted a series of articles from Reader's View-
point of The Bakersfield Californian regarding the Kern River and
urged the Council to adopt the Kern River Plan.
Bakersfield, California, December 19, 1984 - Page ]2
26,9
Ms. Donna Yowell, Kern River Riders, stated she has been
following the development of the Kern River Plan for the past three
years and there has been a lot of progress made. A lot of development
has also taken place that has taken away a lot of the places where
people used to ride. An important aspect of the Plan, is that it
will protect the natural habitat along the river and provide a riparian
corridor for flora and fauna. She urged the Council to adopt the Plan
as it has been proposed and start implementation.
Mr. Harry Love, Conservation Chairman of the Kern Kaweah
Chapter of the Sierra Club, stated the Chapter has a total of 1,250
members and has been actively involved in the community regarding the
Kern River for many years. They are here on behalf of a public
resource, the Kern River. For those who have been in the community
a number of years, you know the River is no longer what it once was
and cannot be returned to that. The decision tonight, is whether we
wish to preserve what we have. The River has limitations, which are
addressed in the Plan. The Chapter believes the Plan respects both
the public and private property rights and believes the fears expres;sed
tonight will decrease as the Plan goes into effect. The Plan does need
a forceful application to make it work.
Mr. Roger Wilde, 2517 Buena Vista, referenced famous rivers
all over the world and subsequent major clean-up efforts to return
them to the showplaces they are today. Bakersfield is fortunate that
the Kern River has not been damaged greatly and has a unique opportunity
with the River running through the ¢'ommunity. It is time for the
residents, with the Council leading the way, to open up and appreciate
the river and open spaces which make Bakersfield a nicer place to live.
It is also time to remember Bakersfield is a young City, with, hope-
fully, a lot of growth ahead and the one thing that people will come
to see is the Kern River.
Ms. Irene Heath. representing the Board of Directors and
Conservation Committee of the Kern Audubon Society~ stated the Audubon
Society is imploring the Council to adopt the Kern River Plan. The
270
Bakersfield, California, December 19, 1984 - Page 13
Plan will offer local wildlife a lot more protection than they have
had and residents and visitors a promise of a perpetual vista with
recreational opportunities. She Cited two examples of destruction of
Willow Trees and Brush along the Kern River and Lake Ming areas and
indicated this type of activity would not have occurred if the Kern
River Plan had been adopted. Specific provisions were cited in the
proposed Plan that allow for the protection of wildlife habitat and
scenic values, as follows: a Biologist to study all proposed
development to identify areas that need protection; stress maintain-
ing native vegetation; structures not be allowed that will hinder
or obstruct movement or migration of wildlJfe; leash law would be
required by the County, City and Kern County Water Agency as to
feasibility of maintaining a minimal flow o£ water through the lower
river; and water recharge programs which would also serve the purpose
of enhancing our riparian habitat. The greatest good for the great-
est number of people will be the consequences of the Council adopt-
ing the proposed Kern River Plan.
Doctor Arthur Unger, 2924 Sunset Avenue, stated the City
Council and County Board of Supervisors have an opportunity to pro-
vide a small amount of land with a taste of wildlife for the future
when it will become even more precious. The laudable goals of the
original Plan have been diluted and public access severely limited.
Furthermore. unless we retreat further, we still have a chance to
make the urban landscape less harsh. We hope for the year-round
water flow to provide a place for fishing, riber habitat; and possible
reintroduction of plant and animal species that have currently vanished
from this area.
Mr. W. C. Asserson, W~ldlife Biologist in Kern County
with the California Department of Fish and Game, stated his depart-
ment has had the opportunity to comment on this Plan from the
beginning through the State Clearinghouse to the City and County
Planning Departments. He has been at previous meetings with the County
Planning Department and addressed this issue and can support the
Bakersfield, California, December 19, 1984 - Page 14
271
the past
rance of
the need to preserve it for future
thirty years, there is a history of
Kern River. The Kern River Plan is
for the community and Kern River.
Negative Declaration. He complimented the people who have spoken
prior to him and indicated they made some valid points for the
Council to consider. The Department of Fish and Game's primary
business is wildlife management on behalf of the people of the State
of California. The Council is confronted with a riparian system,
which is a type of habitat that has dwindled drastically over the
past half century, from what used to be millions of acres to just
a few hundred thousand acres throughout the state. This is the most
southern riparian system in the state. The City holds title to a
piece of it extending from Buena Vista Avenue out to Ennos Lane. In
the realm of habitat types, this is the most valuable system, as it
supports the greatest number of wildlife to be had in any particular
locale. He requested Council's consideration for the adoption of
the Kern River Plan.
Mr. Tom Fallgarter, Attorney at Law, 1430 Truxtun Avenue,
presented the Council with a copy of 4,000 signatures collected by
the Kern Coalition last September and October in support of the Kern
River Plan. Since settlement of Kern County in the 1860's, the Kern
River has been the economic, geographic and recreational focus of
this community. As the community has grown, and ~n particular during
few years, there has been a growing awareness of the impor--
the Kern River, the precious resource that it represents and
generations. During the past
concerns about planning for the
a beginning for a glorious future
Mayor Shell advised people attending the hearing that
Council will hear
take no action tonight regarding the proposed Kern River Plan
Staff will prepare a report to be presented to the Council at
date.
The following persons spoke in opposition to the adoption
of the Proposed Kern River Plan Element.
the
testimony and receive all correspondence, but will
Element.
a later
Bakersfield, California, December 19, 1984 - Page 15
James T. McCutcheon, Secretary to Western Oil and Gas
Association Production Ordinance Commiftee, stated this Committee
works with these types of land use problems throughout the seven
western states. Several Western Oil and Gas Association member
companies own and/or operate facilities on land in and adjacent to
the Kern River Plan area and have actively participated in the work-
shops and hearings held to date on the Kern River Plan Element. He
commended the City and County Staffs for the significant effort and
dedication that was required to prepare, review and revise this
Plan. He particularly supports the Joint Committee's reaffirmation
that oil well drilling is compatible with the primary and secondary
floodways and cited Policy 3.6.3.5. There is concern with the
potential for accidents and/or vandalism associated with increased
public access to oilfield areas. Proposed bike, hiking or horse
irails, which transect existing oill'ields, may limit operator access,
and wilI require additional security patrols to protect against
vandalism and accidents in potentially hazardous areas. The Plan
does not address this issue. He submitted a list of changes and
suggestions which the Association feels are necessary to eliminate
certain ambiguities and eliminate certain inconsistencies between
stated goals and policies for petroleum extraction and other goals
and policies of the Plan; and felt lhat if the changes were made to
the Kern River Plan Element, it would be more workable and viable.
Steven E. Wall, Attorney representing Chevron U.S.A.,
Incorporated, stated Chevron is not opposed to the Kern River Plan
Element. However, Chevron does fee] the Plan, in its' present form,
could severely damage their produclion operations in the Kern River
Oil Field, which could cause severe decreases in production, employ-
ment and tax revenues. He described several locations and the history
of Chevron Oilfield operations located in the Kern River Plan area.
He quoted Chapter 3.6.2., the Goal of the Plan, as it pertains to
mineral and petroleum uses and stated there are significant ambiguities
in the language of the Plan and serious inconsistencies between various
Bakersfield, California, December 19, 1984 - Page 16
provisions of the Plan, which conflict wi~h said goal. These incon-
sistencies and ambiguities could prevent petroleum operations from
occurring in portions of the Plan Area. A list of the most serious
inconsistencies and ambiguities have been provided to the Council by
Western Oil and Gas Exploration Association. Chevron requests the
Council study those areas. Chevron believes that the Plan must be
modified or clarified, as requested by Western Oil and Gas Explora-
tion, to make certain that oil and gas operations, presently being
conducted within the Plan area, shall be allowed to continue; that
new operations within the existing oilfield shall be permitted, subject
to reasonable regulations of those lands in the floodway; and, that
exploratory and other oil and gas operations in the remaining areas
be allowed, subject to reasonable regulations.
Mr. William A. Anderson, Attorney and property owner, sta~:ed
he is a co-owner with Harry C. Ellingston and Robert L. Knight of a
parcel consisting of nine acres in the Kern River, located in the
County joined by City property on both sides, immediately downstream
of the Coffee Road Bridge. He stated that after two years of effort
with the State Board of Reclamation, approval has been granted to
modify the flood line on his property. The property is presently
shown on the Kern River Plan as being entirely within the Flood Hazard
Zone. There is no fauna or flora on his property and only once every
four years does it have water. The Plan will not assist him as a
property owner. He has worked diligently to develop uses for the
property, but each time he has come close to developing the property,
a new program comes through from a governmental agency. If the Plan
is adopted, his property moves from a Flood Hazard Zone to a Resource
Zone. He reminded the Council there is a upper river with water year-
round, that is beautiful, but his property, on the other hand, is on
the lower part of the river where there is seldom any water, and no
flauna or flora. He ~oes not believe there is a need for an additional
plan for his portion of the river and believes the City should develop
a Plan for the property along the river that the City owns. The
274
Bakersfield, California, December 19, 1984 - Page 17
alternative to this suggestion is that the City and County join
together and purchase private property along the river. He feels
there is now a Plan developed to allow other people to use his
property without compensation to him, and requested the Council limit
the Plan to the public property own in existence.
Ms. Cindy Moore, Chairman of the Local Governmental Relations
Committee of the Bakersfield Board of Realtors, stated the Board of
Realtors is opposed to adoption of the Proposed Kern River Land Use
Plan in its' present form. It is felt the Plan is written in such
a manner that the rights and benefits, guaranteed for the public's
use, will be acquired by restrictions and the taking of rights and
benefits of private property owners. Realtors have no objections
to a plan for the use of public lands. If the Plan had a clear
expression that the City and County would acquire property through
eminent domain, the Realtors would not find it necessary to object
to that method. However, while the Plan does not preclude that
Eminent Domain would be one of the methods, the overwhelming intent
shown throughout the Plan is to acquire as much as possible through
the use of police powers. The Plan calls for an arbitrary down zon--
ing of private lands within the Plan area. It is felt down zoning,
and other restrictions of zoning, would adversly affect the value of
the privately owned property within the Plan and will most certainly
affect the opportunity for sale or development. Detailed comments
have been submitted by the Board of Realtors and any consideration,
by the Council, of those comments would be deeply appreciated. The
Board of Realtors requested that the Council not approve the Kern
River Land Use Element Plan as an Environmental and Economical Impact
Report is needed to determine what obligations, financial or other-
wise, the adoption of this Plan will bring to the City.
Mr. John B. Gillerr, Jr., Webster Sand, Incorporation,
stated Webster Sand is 'a small family business operating on the Kern
River for the past thirty-five years. The Plan acknowledges the
benefits of removal of sand and gravel from the Kern River Channel
Bakersfield, California, December 19, 1984 - Page 18
275
and he commends those people who prepared the Plan for recognizing
those benefits to the overall community. There is a specific concern
over one proposal in the plan for a bike and hiking path to run right
through his production facility. This facility is a small area,
approximately 200 yards wide located between the Kern River and BeardsIcy
Canal. It is inconceivable that a path can be built through the area
without two major problems; (1 disruptdon of production, stockpiling
and loading of sand and gravel and (2) it will cause a serious
accident potential due to the close proximity of heavy equipment along
with hikers and bikers. This area is entirely too small to be con-
sidered for recreational use and it is recommended that these types of
recreational areas be considered only where the public safety can be
more reasonably assured without disrupting existing businesses.
Mr. George G. Austin, Division Land Consultant, Tenneco
Oil Exploration and Production, stated Tenneco Oil would prefer to be
on the proponents side of the Kern R~ver Plan, and would be, if it
were not for some inconsistencies in the Plan as outlined in Western
0~1 and Gas Associations Addendum. Tenneco is committed to working
with both the City and County to attain the goals set forth in
Section 3.6.2. Towards the attainment of those goals, Tenneco Oil
supports the comments and suggested changes to the Plan made by Weslern
Oil and Gas Association. To ensure that new petroleum reserves can
be developed in the future within the Plan area, Tenneco Oil supports
the policy established in Section 3.6.3.5 and recommends that regula-
tions be adopted to govern oil and gas production activities within
the primary and secondary floodplains of the Kern River Plan area be
modeled after the drilling conditions presently set forth in the
Bakersfield Municipal Code Title 17, Chapters 17.42 and 17.44.
Mr. Roland Lewin, Shell California Production Incorporated,
stated Shell strongly supports the statement currently being submitted
by the lYestern Oil and Gas
the Plan and proposals for
would also like to propose
parcel of land,
Association regarding inconsistencies in
resolving those inconsistencies. Shell
changing the land use designation on one
which Shell owns a leasehold mineral interest, from
276
Bakersfield, California, December ]9, 1984 - Page 19
3.½.5 Public and Private Recreation Area, to 8.4.2.5 Mineral and
Petroleum. This 2.5 acre parcel lies within the perimeter of the Kern
River Field and is part of a mineral leasehold on which there is
existing production. Shell has near-term plans of additional drilling
on this parcel where it is believed there is substantial oil reserves.
He further requested the Council consider the proposed changes made
by Western Oil and Gas Association and Shell California Production
Incorporated. With the adoption of those changes, the Plan could be
supported.
In answer to a question by Councilman Dickerson, Mr. James
McCutcheon, Western Oil and Gas Association, stated his Association
was not opposed to the Plan, per se, if the proposed changes are con-
sidered favorably by the Council. These changes are felt to be
necessary for the continued production and exploration of natural
resources, which is necessary for the economy of the area, as well as,
the balance of trade for national energy.
In answer to a question by Mayor Shell, Mr. James McCutcheon
stated the County Board of Supervisors approved the Plan with an
intent to favor the exploration of petroleum, however, within the
Plan there are ambiguities that need to be cleared up. Those ambigu-
ities that need to be clearedup. Those ambiguities are outlined in
the report submitted by Western Oi2 and Gas Association.
Mr. Tim Gannon, Gannon Enterprises and property owner,
stated he would like to request the follow-through, on the part of
the County, that they wish to protect the rights of the private
property onwers. The Plan is necessary, but inequitable and should
not be adopted in its' present form. His complaint, and the same
complaint that has been made throughout the process for considering
this Plan, is that, there
developing this much land,
the regulations should be
is no Environmental Impact Report. When
with these rules, the entire affect of
delved inlo. Without an EIR there is
inadequate information to make a judgement. One area of concern is
the conversion of private property to public use without adequate
compensation, which is an unreasonable burden to place on people who
Bakersfield, California, December 19, 1984 - Page 20
277
have purchased their property. The trails proposed have not been
adequately thought out. If private property is going to be taken
without compensation, at least protect the remaining rights and protect
the property owners from incursion and intrusion that will be the result.
He requested that the Council insert into the area of 5.3.A.1. the
following:
"A provision shall be made for creation of revocable
offers to dedicate those bicycle path, pedestrian
ways and equestrian trails as are deemed appropriate
to serve the purpose of the Kern River Plan, prior to
approval of any tentative subdivision map for the
land adjoining the Kern River. The location of
bicycle path, pedestrian and equestrian trails shall
take care to safeguard private property against the
likelihood of trespass and shall employ reasonable
means to avoid such trespass."
In other words, the private property owners will give the dedication,
but, the Council shall provide a plan through public hearings, in which
the private property owner shall be safeguarded.
"The irrevocable offer to dedicate shall terminate
if not accepted by the Ciiy or County, whichever is
appropriate, within 2] years."
This will remain in effect, the eas~.ments will be available for the
taking, until such time as the City comes up with a Plan which will,
(a) show how the property is to be developed, how the trails will be
completed, and what kind of fencing, barriers, etc. will be required;
and, (b) The Plan shall also include how this is to be [unded. main-
rained, financed and policed. It is obvious the drafters of this
Plan did not wish to get into these details, however, did wish to
take the private property. He wished to make certain that the develop-
ment, maintenance and policing of these trails does not become a
burden on the owners of the property. It would be almost unconscion-
able that the land could be taken and then property owners required
to pay for its development, maintenance and policing. To this end,
he requested the City insert a statement, "that in no way these trails
will become an undue burden upon the property owners within the Kern
River Area Plan." If there is going to be a tax or formation of a
special assessment district, be sure it covers the whole population
and not just those who live there.
278
Bakersfield, California, December 19, 1984 - Page 21
No further protests or objections being received and no
one else wishing to speak in favor, Mayor Shell closed the public
portion o£ the hearing for Council deliberation and action. There
w~11 be a staff report and recommendation back to the Council at a
later date.
Upon a motion by Councilman Barton, all written material
used to make presentations or that was presented to the Council
including that from Rich O'Neil, Chevron U.S.A., Western Gas and Oil
Exploration, Mr. Anderson, Shell Oil, Kern Audubon Society and Tim
Gannon was received and placed on
NEW BUSINESS
First reading of an Ordinance of the
City of Bakersfield amending Section
3.16.050 of the Bakersfield Municipal
Code regarding the use of unclaimed
bicycles or toys in the possession of
the Chief of Police.
This ordinance would allow the Chief of Police to distrib-
ute unclaimed bicycles or toys to various governmental programs
benefiting the public health, safety and welfare.
First reading was considered g~ven an Ordinance of the City
of Bakersfield amending Section 3.16.050 of the Bakersfield Municipal
Code regarding the use of unclaimed bicycles or toys in the possession
of the Chief of Police.
Approval of Agreement for transpor-
tation of water, exchange of water
and system capacity and for assign-
ment of capacity by and between
North Kern Storage District and Cawelo
Water District.
Since this long-term exchange agreement between North
Kern Water Storage District and Cawelo Water District involves the
use of the BeardsIcy Canal, City Basic Contract Water and River
Water, it will require City approval before the agreement can be
implemented. This exchange agreement was recommended for adoption
by the City Water Board on December 12, ]984.
Upon a motion by Councilman Moore, Agreement for transporta-
tion of water, exchange of water and system capacity and for assign-
ment of capacity by and between North Kern Storage District and
Cawelo Water District, was approved and the Mayor authorized to execute
same.
Bakersfield, California, December 19, 1984 - Page 22
279
Approval of Agreement for Sale of
Non-Kern River Water to Cawelo Water
District.
This agreement between City of Bakersfield and Cawelo
Water District would allow Cawelo to purchase City's Non-Kern
River Water (oilfield discharge water) after City has met water
demands within City system.
This agreement is for a five-year period, March 1, 1985,
through February 28, 1989. The price for the water will be set by
the City from year-to-year, based on then existing conditions and
water supplies. This agreement was recommended for adoption by the
City Water Board on December 12, 1984.
Upon a motion by Councilman Christensen, Agreement for
Sale of Non-Kern River Water to Cawelo Water District, was approved
and the Mayor authorized to execute same.
Adoption of Resolution No. 100-84 of
the Council of the City of Bakersfield
deleting a Council Meeting in the month
of January, 1985.
This resolution cancels the meeting of January 23, 1985.
Upon a motion by Councilman Childs, Resolution No. 100-84
of the Council of the City of Bakersfield deleting a Council Meeting
in the month of January, 1985, was adopted by the following roll call
vote
Ayes
Councilmen Christensen, Dickerson,
Barton, Childs
Moore, Ratty, Rockoff,
Noes None
Absent: None
After some discussion, the Council set January 4, 1985,
at 12:00 Noon for a continuation of the Workshop Session regarding
the City of Bakersfield Preliminary Budget.
Adoption of Resolution No. 101-84 of
the Council of the City of Bakersfield
authorizing the Public Works Manager to
sign an application by the City of Bakers-
field to the Public Utilities Commission
of the State of California for an order
authorizing construction of the separation
structure under the main line track of the
Atchison, Topeka and Santa Fe Railway on
"H" Street.
28O
Bakersfield, California, December 19, 1984 - Page 23
Prior to negotiation of the railroad agreement for con-
struction of the "H" Street Underpass Project, it is necessary for
the City to file a formal application with the Public Utilifies
Commission. The application, along with this resolution and sub-
stantiating documentation, must be submitted to CALTRANS by April 1,
1985.
In order that the Railway Company may have ample time to
process the agreement, the Public Works Department recommends that
this resolution be adopted without delay.
Upon a motion by Councilman Christensen, Resolution No.
101-84 of the Council of the City oF Bakersfield authorizing the
Public Works Manager to sign an application by the City of Bakers-
field to the Public Utilities Commission of the State of California
for an order authorizing construction of the separation structure
under the main line track of the Atchison, Topeka and Santa Fe Rail--
way on "H" Street, was adopted by the following roll call vote:
Ayes Councilmen Christensen, Dickerson, Moore, Ratty, Rockoff,
Barton, Childs
Noes None
Absent: None
In answer to a question by Councilman Dickerson, regardin~:
Council action at the meeting of December 12, 1984, to table the
issue of sending letters to some prisoners, City Attorney Oberholzer
stated that Masons Rules require th~ Council to table a motion to
a time certain.
Councilman Batty made a motion to bring back to the Council
floor for further consideration the issue of sending letters to
prisoners. This motion was unanimously approved.
Councilman Batty made a substitute motion to drop the idea
of sending a letter of thanks to the prisoners.
In answer to a question by Councilman Moore, Police Chief
Price stated the prisoners are assigned to the work, fhey do not
volunteer. If the Council wishes to send a commendation, he suggested
a letter be sent to Sheriff Kleier for authorizing the City to use
this labor. It would be improper to send commendations to prisoners
for working off their time.
Bakersfield, Cali['ornia, December 19, 1984 - Page 24
281
Councilman Childs stated he is concerned that the Council
has wasted time on two separate occasions on this issue and would
like to see the issue dropped.
Councilman Dickerson stated it is his feeling that dropping
the idea of sending the prisoners a letter is probably a wise thing
to do. He would like to see the Council encourage this type of
program as it is a cost affectire program. He brought up the issue
because he was concerned about the proper action regarding tabling a
motion.
Councilman Ratty's substitute motion to drop the idea of
sending a letter of titanks to the prisoners was unanimously approved.
Councilman Rockoff made a motion to send a letter to
Sheriff Kleier thanking him for allowing prisoners to come into the
City and participate in clean-up programs. This motion was adopted
by the following roll call vote:
Councilmen Christensen,
Ayes
Noes
Absent:
recessed at
Councilmen Moore,
None
Ratty,
RECESS
Dickerson, Rockoff, Barton
Childs
Upon a motion by Councilman Christensen, the meeting was
10:08 P.M., until Friday, January 4, 1985, at 12:00 Noon.
MAYOR of the City of Bakersfield, Calif.
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
CW