HomeMy WebLinkAboutJAN - MAR 1981Bakersfield,
California,
January 5, 1981
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., January 5, 1981.
The meeting was called to order by Mayor Hart, followed
by the Pledge of Allegiance and Invocation by Father Martin McGagh
of St. Joseph's Catholic Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Miller, Payne, Ratty,
Absent: None
Strong,
Barton, Christensen, Means
Minutes of the regular meetings of December 10,
December 17, 1980, were approved as presented.
PRESENTATION OF RETIREMENT PLAQUES
Mayor Hart presented a retirement plaque to John A.
McAteer, Fire Captain, who completed 33 years of service with the
Fire Department of the City of Bakersfield,
1980.
Mayor Hart presented a retirement
Rowe, Fire Engineer, who completed 27 years
Fire Department of the City of Bakersfield,
1980.
1980 and
plaque to Dairel P.
of service with the
effective December 20,
Mayor Hart presented a retirement plaque to James A.
West, Firefighter, who completed 25 years of service with the Fire
Department of the City of Bakersfield, effective December 28, 1980.
Mayor Hart presented a retirement plaque to Clyde E.
Woods, Fire Engineer, who completed 24 years of service with the
Fire Department of the City of Bakersfield, effective December 13,
1980.
Mayor Hart presented a retirement plaque to Leroy D.
Livermore, Police Lab Technician, who completed 23 years of service
with the Police Department of the City of Bakersfield, effective
December 17, 1980.
effective December 29,
Bakersfield, California, January 5, 1981 - Page 2
MAYOR
CHANGE OF OFFICE CEREMONY
Mayor Hart stated it is time to say good-by. My years
as Mayor, with you, have been among the best, always to remember
and cherish. I pray that each of you enjoys the ultimate good
health, happiness and good fortune. May the years ahead measure
up to your fullest dreams. I am grateful for the privilege of
working with you, and the greater one of knowing you. So, with
a sincere fondness for all of you, and a deep respect, I say good-
by for now.
Vice-Mayor Barton presented, on behalf of the entire
Council, the following resolution to Mayor Hart:
WHEREAS, DONALD M. HART has served the community
in numerous distinguished ways that have
brought credit to the City of Bakersfield; and
WHEREAS, DONALD M. HART, with total dedication,
has served the City of Bakersfield as its Mayor
from 1969 to 1981; and
WHEREAS, while serving as Mayor of the City
of Bakersfield, DONALD M. HART provided the
leadership and direction that was essential to
guide the City through its period of greatest
growth; and
WHEREAS, DONALD M. HART'S conduct of the
business of the City Council of the City of
Bakersfield has earned him the respect and
admiration of the community and every Council-
member.
NOW, THEREFORE, BE IT RESOLVED that the Council
of the City of Bakersfield hereby commends
DONALD M. HART for the unprecedented service
and contribution he has rendered to the City
Council and to the City of Bakersfield for the
past twelve years as Mayor and extends its
sincere wishes for health and happiness.
ADOPTED this 5th day of January, 1981.
Vernon D. Strong Donald K. Ratty
J. M. Christensen John M. Means
Robert N. Miller Thomas A. Payne
James J. Barton
Vice-Mayor
Vice-Mayor Barton also presented a plaque to Mayor Hart
with the following inscription:
"Presented to Mayor Donald M. Hart in apprecia-
tion for your years of service to the City of
Bakersfield, 1969 to 1981, by the Bakersfield
City Council."
Bakersfield, California, January 5, 1981 - Page 3
George Deukmejian, Attorney General of the State of
California, administered the Oath of Office to Mayor Mary K. Shell.
Former Mayor Hart presented Mayor Shell with a new gavel,
suitably engraved. Mayor Shell, in turn, presented former Mayor
Hart the gavel which he used during his twelve years in office.
Mayor Shell,
Mayor Hart with a Key
inscription:
as her first official act, presented former
to the City of Bakersfield with the following
"Presented to Donald M. Hart, Mayor, January
5, 1981, by Mary K. Shell, Mayor of the City
of Bakersfield."
Mayor Shell acknowledged Father Martin McGagh, Attorney
General George Deukmejian, Mayor Donald Hart, the people of Bakers-.
field and everyone in attendance at tonight's meeting and made the
following statement:
To the people of Bakersfield and all of you
here tonight, I would like to say I can feel
your warmth and support and I also am mindful
of my obligation to carry through with the
things I have talked about these last months.
I talked about bringing out the best that is
in this community, the best from all of you.
I talked about the dilution of local govern-
ment. If we continue to allow more and more
decisions to be made on our behalf at the
State and Federal levels, then we will surely
lose our right to govern ourselves.
The more decisions made at the local level,
the more control each individual citizen can
exert. I vow to do everything I can to assure
that none of the freedoms to make decisions
are diminished for the people of Bakersfield
while I am Mayor.
But if the citizens of our City are to parti-
cipate in this local government process then
they must have knowledge of what is being
contemplated. I hope, in the future, the
public will be invited to attend meetings of
City Council Committees.
And I ask the members of the Council to be
patient with me while I learn.
We are all citizen representatives, not pro-
fessional politicaris and I'd like to say
something about that. I don't think the
members of the City Council should be afraid
of debate and honest disagreement during the
Bakersfield, California, January 5, 1981 ~ Page 4
Council Meetings, even if the discussions get
heated at times.
While I personally hope that debate will be
confined to issues, not personalities, I think
we should recognize that this is the place
where individual viewpoints should be heard
and a consensus reached.
Now that can get pretty noisy and irreverent
at times, but I, for one, am thankful we still
enjoy the privilege of citizen self-government.
And this is the first echelon.
I look forward to working with you members of
the Council and with the staff of the City,
and with the people of Bakersfield. It's your
town!!
Mayor Shell declared a brief recess at 8:20 P.M. and
reconvened the meeting at 8:35 P.M.
CORRESPONDENCE
Upon a motion by Councilman Payne, communication from
Carpenter, Kuhn, Williams, Parsons & Sprayberry, Accountancy
Corporation, dated November 21, 1980, regarding the City's com-
pliance audit of Federal Revenue Sharing Funds for the year
ending June 30, 1980, was received and ordered placed on file.
Upon a motion by Councilman Christensen, communication
from James H. Lake, 3819 Fort Hill Drive, Alexandria, Virginia,
dated December 16, 1980, in appreciation of expression of sympathy
at his father's passing, was received and ordered placed on file.
Upon a motion by Councilman Miller, communication from
Pacific Gas and Electric Company, San Francisco, California, dated
December 24, 1980, giving notice regarding application to increase
its rates and charges for electric and gas service, was received
and ordered placed on file.
Upon a motion by Councilman Ratty, communication from
Thomas Kelly Associates, P.O. Box 10015, Bakersfield, dated
December 24, 1980, representing the Village Green Condominium
Association and the Kern City Associations, requesting the Rosewood
Health Facility be required to create a barrier to trespassers,
was received and referred to Fire and Development Services Depart-
ment.
Bakersfield, California, January 5, 1981 - Page 5
Upon a motion by Councilman Miller, communication from
Reverend W. F. Jackson, Pastor of the Holy Temple, Church of God
in Christ, 1001 East Planz Road, Bakersfield, received December 29,
1980, in opposition to proposed amendment to the Land Use Element
in the Crystal Heights addition, was received and referred to Fire
and Development Services Department.
Upon a motion by Councilman Payne, communication from
Patricia Wade, 917 East Planz Road, Bakersfield, received December
29, 1980, in opposition to proposed amendment to the Land Use
Element in the Crystal Heights addition, was received and referred
to Fire and Development Services Department.
Upon a motion by Councilman Barton, communication from
the Kern Audubon Society, P.O. Box 3581, Bakersfield, dated
January l, 1981, regarding the current situation at the Environ-
mental Protection Corporation site one mile north of the Kern
River and northeast of the City of Bakersfield, was received and
ordered placed on file.
Upon a motion by Councilman Payne, communication from
the California Regional Water Quality Control Board, Central Valley
Region, dated January 2, 1981, regarding West Bakersfield Sewer
Study, was received and referred to the Water and City Growth
Committee for study and recommendation.
COUNCIL STATEMENTS
Councilman Payne announced that he appointed Mr. Reuben
Duran, 4132 Parker Avenue, to the California Avenue Park Neighbor-
hood Facility Citizens Advisory Committee.
Councilman Miller stated he intends to make a motion at
the meeting of January 14, 1981, to appoint Mr. Jim Redstone to
the vacancy on the Planning Commission.
Councilman Miller stated the Council is suppose to give
the staff some kind of direction, prior to January 15, 1981,
regarding the Workshop Session between the Council and Redevelopment
Agency to discuss the Downtown Shopping Mall. Councilman Miller
1.q4
Bakersfield, California, January 5, 1981 - Page 6
also stated a letter has been received from Eugene Jacobs, Specia~
Counsel to the Redevelopment Agency, recommending that the Counci~
take no action until the end of the first quarter of 1981.
Councilman Payne stated that due to pending litigation
he would not participate in this matter.
Councilman Barton made a motion that the action taken by
the Council at the meeting of December 10, 1980, that a Workshop
Session between the Council and Redevelopment Agency to discuss
the Downtown Shopping Mall be held in a period not to exceed 30
days from December 15, 1980, be rescinded. After discussion this
motion carried by the following roll call vote:
Ayes Councilmen Miller, Ratty, Strong, Barton, Christensen,
Means
Noes None
Absent: None
Abstaining: Councilman Payne
Councilman Ratty stated he intends to make a motion at
the meeting of January 14, 1981, to appoint Mr. David Milazzo to
the vacancy on the Planning Commission.
Councilman Strong requested that the Council recess to
an Executive Session to discuss the City Manager's contract
immediately following the last item on tonight's agenda.
Upon a motion by Councilman Strong, Mr. William H.
McCullough, 2525 Buena Vista Street, was reappointed to the Police
Department Civil Service Board, term expiring December 31, 1986.
Councilman Christensen expressed his well wishes to Mayor
Shell.
REPORTS
Councilman Means, Chairman of the Budget Review and
Finance Committee, read Report No. 1-81 regarding Increase in
Planning Fees, as follows:
In this Committee's report in June on the 1980-
81 operating budget, it was indicated the staff
was concerned with the existing fee structure
for Planning Department Processing Fees, as the
Bakersfield, California, January 5, 1981 - Page ?
c3sts far exceeded the charge. During
Committee discussions, it was noted that many
of these fees had not been updated for a
number of years and certain types of processing
was occurring without a charge. At that time,
all of the information had not been finalized
regarding these fees and the Committee requested
the staff to complete their studies which
involved a detailed analysis of actual time
spent by employees in all City departments
involved in processing to determine the City's
cost and after budget hearings, these items
would be reviewed.
Upon completion, the staff met with the Committee
to discuss the results. It became quite obvious
these charges should be updated when the com-
parison is made between the present cost and
the present charge. As can also be seen from
the attachment, the proposed fees are very
reasonable when compared with those being
charged by the County of Kern and City of
Fresno.
The Committee was concerned with the affect
these fees may have on those who would be
paying them. As a result, the proposed fee
schedule was submitted to those affected groups
and others who might be interested to obtain
their reaction. Only two responses were
received and both were favorable.
The Committee is supportive of these proposed
changes, but prior to a final recommendation
would request a public hearing be scheduled to
obtain any further public input.
Upon a motion by Councilman Means, Budget Review and
Finance Committee Report No. 1-81 regarding Increase in Planning
Fees, was accepted; and a public hearing on this matter was set
for Wednesday, January 28, 1981, in the Council Chambers of City
Hall.
In response to a question by Councilman Miller, Acting
City Manager Kelmar indicated that interested parties would be
notified of the hearing regarding proposed increase in Planning
Fees.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 4026 to 4105,
inclusive, in the amount of $278,461.43.
(b)
Claim for Damages and Personal Injuries
from Robert Duran, 2601 Buddy Street,
Bakersfield. (Refer to City Attorney)
Bakersfield, California, January 5, 1981 - Page 8
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(i)
Claim for Damages from Elzora Sanders,
1405 LaPuente Drive, Bakersfield. (Refer
to City Attorney)
Claim for Damages from Allen Leonard,
1002 Blosser Road, Apt. W, Santa Maria,
California. (Refer to City Attorney)
Claim for Damages from Soromie Moore, 228
South Haley Street, Bakersfield. (Refer
to City Attorney)
Claim for Damages from Farmers Insurance
Group, Bakersfield, on behalf of Earlene
Barron. (Refer to City Attorney)
Street Right-of-Way Deed from Bank of
America National Trust & Savings Assoc.
providing for dedication of property
returns at the northwest corner of Mohawk
Street and California Avenue, and south-
west corner of East Commercenter and
Business Park North.
Street Right-of-Way Deed from M. T. L.
Development Company, a General Partner-
ship, providing for an additional 10 feet
of right-of-way on McCleary Way as required
by the Planning Commission for Tract No.
4185, located north of Panama Lane, east
of South "H" Street.
Street Right-of-Way Deed from H-Bar
Development Company, Inc., providing an
additional 10 feet of right-of-way on
McCleary Way as required for Tract No.
4400, located north of Panama Lane, east
of South "H" Street.
Quitclaim Deed from the City of Bakers-
field to Tenneco Realty Development Corp.
for a turnaround easement located within
Tract No. 4114 north of Stockdale Highway
and west of Montclair Street.
Quitclaim Deed for Sewer Easement from
the City of Bakersfield to Tenneco Realty
Development Corporation and Sewer Line
Easement from Tenneco Realty Development
Corporation to the City of Bakersfield.
This exchange of sewer line easements
located within Tract No. 4114, north of
Stockdale Highway and west of Montclair
Street, will allow the sewer to be placed
within the future street right-of-way.
Notice of Completion and Acceptance of
Work on paving and realignment of Lake
Ming Road at Alfred Harrell Highway,
Contract No. 80-123 with Granite Con-
struction Company.
Bakersfield, California, January 5, 1981 - Page 9
1.q7
(m) Notice of Completion and Acceptance of
Work on Tract No. 5496, Contract No.
79-177 with Thomas David Queen, located
at Bella Drive east of Russell Way.
(n) Deleted
(o) Revision of City of Bakersfield Standard
Drawing Nos. S-8, Frames and Covers for
Manholes and Cleanouts; and S-29, Survey
Monuments.
(p) 60 Day Medical Leave of Absence Without
Pay for David E. Hancock, Sanitation
Worker I. This will extend the leave of
absence through February 23, 1981.
(q) Deleted
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (o) and (p) of
the Consent Calendar, were adopted by the following roll call vote:
Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Miller, low base bid of
$34,743 from Turman Construction Company for Bernard Street
Retention Basin, was accepted, all other bids rejected and the
Mayor was authorized to execute the contract.
DEFERRED BUSINESS
Certification of Negative Declaration
No. 1237 for Multimodal Transit
Terminal in Downtown Bakersfield.
On October 29, 1980, the Council reviewed and approved
the submittal of an application to Caltrans in an effort to have
a proposed Multimodal Transportation Terminal prioritized and
placed on Caltrans' list of projects that may receive funding
assistance. Caltrans has required that an environmental review
of the proposed concept occur so as to identify any significant
problems that may be created. All review periods have expired and
a public hearing was conducted by the Redevelopment Agency without
receiving any negative comment.
Bakersfield, California, January 5, 1981 - Page l0
Action on this item was deferred from the Council Meeting
of December 17, 1980.
Councilman Payne stated that due to pending litigation
he would not participate in this matter.
Upon a motion by Councilman Christensen, Negative
Declaration No. 1237 for Multimodal Transit Terminal in Downtown
Bakersfield, vote:
Ayes: Christensen,
Noes:
Absent:
Abstaining:
was certified by the following roll call
Councilmen Miller, Ratty, Strong, Barton,
Means
None
None
Councilman Payne
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Title
17 of the Municipal Code changing the
Land Use Zoning of that certain
property in the City of Bakersfield
located on the east side of Stine
Road, south of Harris Road; and
making findings in connection with
a P.U.D. Zone.
The application for this amendment was made by Casa
Linda, Inc., and would change subject property from a P.U.D.
(Planned Unit Development) Zone to a P.U.D. (Planned Unit Develop-
ment) Zone, to allow a revision of 90 attached single family units,
with some units constructed with a zero side yard setback; and
redesign of the remaining units.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Title 17 of the Municipal Code changing the Land Use Zoning of
that certain property in the City of Bakersfield located on the
east side of Stine Road, south of Harris Road; and making findings
in connection with a P.U.D. Zone.
Approval of Application of Zip-In
Restaurant & Dell for a 54 foot high
freestanding sign at 2610 Pierce Road.
Bakersfield, California, January 5, 1981 - Page ll
All signs over 50 feet in height require approval of the
City Council. The Council denied a prior request for a sign at
this location. The applicant has modified the original request
and now asks approval of a 54 foot high sign, 345 square feet
(15.33 x 22.5) in area.
The Sign Ordinance permits an area of 240 square feet in
a C-2 Zone. There are other signs in the area that exceed 50 feet
in height.
Mr. Alvin Stauffer, Owner of Simple Signman Sign Company,
representing May-Mooney, Inc., requested that the Council grant
his application for a sign at 2610 Pierce Road.
Upon a motion by Councilman Strong, Application of Zip-In
Restaurant & Deli for a 54 foot high freestanding sign at 2610
Pierce Road, was approved by the following roll call vote:
Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
Noes: None
Absent: None
EXECUTIVE SESSION
The Council recessed to an Executive Session at 9:00 P.M.
to discuss the City Manager's contract. The regular Council Meeting
was reconvened at 9:42 P.M.
Upon a motion by Councilman Strong, Philip Kelmar was
appointed City Manager of the City of Bakers£ield, effective
December 29, 1980, and the City Attorney was instructed to draft
a contract with the following provisions:
1. Contract period to be for three years.
2. Four month severance pay clause.
3. Base pay to be Step i of the present Salary
Schedule for the City Manager's position.
4. Annual review of contract, except the
first year when the review period will be
within six months.
5. Sick and vacation time accrued will be
paid in full upon termination of employ-
ment
140
Bakersfield, California, January 5, 1981 - Page 12
Ayes:
Noes: None
Absent: None
6. Other terms essentially the same as the
contract with the former City Manager.
This motion carried by the following roll call vote:
Councilmen Miller, Payne, Ratty, Strong, Barton,
Christensen, Means
ADJOURNMENT
There being no further business
Council, upon a motion by Councilman Christensen,
adjourned at 9:45 P.M.
to come before the
the meeting was
sfield, Calif.
MAYOR of the ~ffty of B~k-er~
ATTEST:
ASSI~Tg~T C~TY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, California
ma
Bakersfield, California, January 14, 1981
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., January 14, 1981.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Mayor Shell.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Payne, Ratty, Strong, Barton,
Christensen, Means, Miller
Absent: None
Minutes of the regular meeting of January 5, 1981 were
approved as presented.
CORRESPONDENCE
Upon a motion by Councilman Christensen, communication
from Harding & Mueller, Architects, 810 "H" Street, dated January
5, 1981, requesting that a parcel of City-owned land located
adjacent to the Kern River at 24th and Oak Streets be declared
excess land, was received and referred to Public Works Department
for study and recommendation.
Upon a motion by Councilman Payne, communication from
the State Department of Housing and Community Development, dated
December 1, 1980, regarding a Model Code for the rehabilitation of
residential hotels, was received and referred to the Fire and
Development Services Department.
Upon a motion by Councilman Strong, communication from
the Bakersfield News Observer, 1219 20th Street, dated January
6, 1981, informing the Council that this newspaper is legally
qualified to print legal notices, was received and ordered placed
on file.
Upon a motion by Councilman Payne, communication from
B. B. Limited, dated January l, 1981, requesting that the Council
direct their attention to providing adequate parking in the down-
town area, was received and referred to the Business Development
and Parking Committee.
Bakersfield, California, January 14, 1981 - Page 2
Upon a motion by Councilman Payne, communication from
the Kern Chapter of the California Council of Civil Engineers and
Land Surveyors, dated January 6, 1981, recommending Mr. James
Redstone for the vacancy on the Planning Commission, was received
and ordered placed on file.
Upon a motion by Councilman Strong, communication from
the Police Department Civil Service Commission, dated January 14,
1981, requesting that funds be appropriated to start a psychological
screening program for the Police Department, was received and
referred to the Governmental Efficiency and Personnel Committee
for study and recommendation.
COUNCIL STATEMENTS
Adoption of Resolution No. 1-81 of
the Council of the City of Bakers-
field commending the California
State College at Bakersfield
Wrestling Team and Coach Joe Seay.
Upon a motion by Councilman Christensen, Resolution No.
1-81 of the Council of the City of Bakersfield commending the
California State College at Bakersfield Wrestling Team and Coach
Joe Seay, was adopted by the following roll call vote:
Ayes
Councilmen Payne, Ratty, Strong, Barton, Christensen,
Means, Miller
Noes None
Absent: None
Vice-Mayor Barton presented, on behalf of the entire
Council and ~ayor, the following resolution to former City Manager
Harold E. Bergen:
WHEREAS, H. E. BERGEN served as City Manager
for the period of April 5, 1966, to December
27, 1980; and
WHEREAS, H. E. BERGEN'S leadership and adminis-
tration has resulted in the accomplishment of
unprecedented achievements for the City of
Bakersfield; and
WHEREAS, after twenty-five years of service
to the City of Bakersfield, H. E. BERGEN
retired from his position as City Manager.
Bakersfield, California, January 14, 1981 - Page 3
NOW, THEREFORE, BE IT RESOLVED that the Council
of the City of Bakersfield hereby commends H. E.
BERGEN for his laudatory administration and
management of the City of Bakersfield and ex-
tends its best wishes for continued success.
Mary K. Shell James J. Barton
Mayor Vice-Mayor
Vernon D. Strong
J. M. Christensen
Robert N. Miller
Donald K. Ratty
John M. Means
Thomas A. Payne
APPROVED THIS 14th day of January, 1981
Vice-Mayor Barton also presented a clock to Mr. Bergen
with a suitable inscription.
Councilman Strong stated he intends to make a motion,
at the meeting of January 28, 1981, to appoint Mr. Robert Bethea
to the Board of the Golden Empire Transit District.
Councilman Means nominated Mr. Benjamin T. James, 1031 -
4th Street, to fill the vacancy on the Planning Commission.
Councilman Ratty nominated Mr. David Y. Milazzo, 2432
Spruce Street, to fill the vacancy on the Planning Commission.
Councilman Miller nominated Mr. James Redstone, 7209
Outingdale Drive, to fill the vacancy on the Planning Commission.
Upon a motion by Councilman Strong, nominations of persons
to fill a vacancy on the Planning Commission were closed.
Nomination by Councilman Means to appoint Mr. Benjamin
T. James, 1031 4th Street, to fill the vacancy on the Planning
Commission,
Ayes:
Noes:
Absent:
Abstaining:
Rules
failed to carry by the following roll call vote:
Councilmen Barton, Christensen, Means
Councilmen Payne, Ratty
None
Councilmen Miller, Strong (Councilman Strong passed
the first time his name was called and
reserved the right to vote last)
City Attorney Oberholzer informed the Council that Mason's
do not provide for a Councilman passing on a vote.
144
Bakersfield, California, January 14, 198~ - Page 4
Councilman Miller questioned the Clerk's clarification
of the previous roll call vote regarding the nomination of Benjamin
T. James and requested another roll call vote:
Ayes: Councilmen Barton, Means
Noes: Councilmen Payne, Ratty, Christensen
Absent: None
Abstaining: Councilmen Strong, Miller
Nomination by Councilman Ratty to appoint Mr. David Y.
Milazzo, 2432 Spruce Street, to fill the vacancy on the Planning
Commission, failed to carry by the following roll call vote:
Ayes: Councilmen Ratty, Means
Noes: Councilmen Strong, Barton, Christensen
Absent: None
Abstaining: Councilmen Payne, Miller
Nomination by Councilman Miller to appoint Mr. James
Redstone, 7209 Outingdale Drive, to fill the vacancy on the
Planning Commission, created by the resignation of Jill Haddad,
term expiring April 17, 1981, carried by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmen Payne, Ratty, Strong, Christensen, Means,
Miller
Councilman Barton
None
Councilman Payne stated that due to pending litigation
he would not participate in the following matters.
Councilman Miller stated that since it appears to be in
the public interest to remove the opening date restricting on the
Eastside Shopping Center as now contained in the General Plan, he
would make a motion that:
Pursuant to Government Code Section 65356.1,
that the City Council initiate a change to a
condition of the Land Use Element of the General
Plan by submitting to the Planning Commission a
change to eliminate the opening date restriction
on the Eastside Shopping Center; furthermore,
Bakersfield, California, January 14, 1981 - Page 5
'145
since a focused EIR may be necessary, and
having obtained the consent of John Brock, any
EIR efforts necessary to consider removal of
the opening date restriction shall be paid by
John Brock, the original applicant; furthermore,
that after the necessary public hearing, that
the Planning Commission report back to the
City Council within 90 days.
Councilman Miller's motion was approved by the following
roll call vote:
Ayes
Noes
Councilmen Ratty,
Miller
None
Strong, Barton, Christensen, Means,
Absent: None
Abstaining: Councilman Payne
CONSENT CALENDAR
The
(a)
(b)
(c)
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 4106 to 4356,
inclusive, in the amount of $573,538.37.
Claim for Damages from Rose Marie Garcia
and Violet Contreras, 622 Jackson Street,
Bakersfield. (Refer to City Attorney)
Claim for Damages from Jack Winter, Jr.,
as Guardian ad Litem for Joy Lynn Winter,
2112 22nd Street, Bakersfield. (Refer
to City Attorney)
(d)
(e)
Claim for Damages from Austin & Thompson,
Attorneys at Law, on behalf of Lyle's
College of Beauty, 30th and "F" Streets,
Bakersfield. (Refer to City Attorney)
Amended Claim for Damages from Johnny
Charles Turner, 1520 South Chestnut,
Apt. 109, Fresno, California. (Refer to
City Attorney)
(f)
Claim for Damages from Charles R. Coleman,
717 East Brundage Lane, Station B, Bakers-
field. (Refer to City Attorney)
(g)
Grant Deed from Tenneco Realty Development
Corporation regarding purchase of Water
Well and appurtenant land located ½ mile
south of Ming Avenue or Gosford Road.
(h)
Sewer Line Easement from M. T. L. Develop-
ment Company as required by the Planning
Commission for Tract No. 4226, located
north of Fairview Road and east of South
"H" Street.
Bakersfield, California, January 14, 1981 - Page 6
(i)
Street Right-of-Way Deed from Frank A.
& Janice E. Elliott for dedication of
property return at southwest corner of
40th Street and San Dimas Street, as
required for Parcel Map No. 6008.
(J)
Street Right-of-Way Deed from Sill Properties
for dedication of Sillect Avenue from the
intersection of Brittan Road and Arrow
Street southerly to existing portion of
Sillect Avenue, as required by the Planning
Commission for Parcel Map No. 6021.
(k)
Improvement Agreement for Parcel Map No.
5846 with Continental Properties for
construction of improvements therein,
located south of White Lane, east of
Stine Road.
(1)
Improvement Agreement for Parcel Map No.
6021 with Sill Properties, Inc., for
construction of improvements therein,
located east of Arrow Street, northeasterly
of Sillect Avenue.
(m)
Plans and Specifications for construction
of Wastewater Treatment Plant No. 3, 1981
Interim Improvements.
(n)
Plans and Specifications for A. C. Pave-
ment on portions of South "H" Street
between Panama Lane and Fairview Road,
Fairview Road west of South "H" Street,
and White Lane between Freeway 99 and
Hughes Lane.
(o) Revisions of City of Bakersfield Standard
Drawing No. S-20, Standard 6" Cleanout.
(p)
Application for Encroachment Permit from
John Gordon, 1316 Lindsay Drive, for
construction of a 4 foot high chain link
fence on a 23 foot high retaining wall
along back of sidewalk on the northeast
corner of Lindsay Drive and South "K"
Street.
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o) and (p)
of the Consent Calendar, were adopted by the following roll call
vote:
Ayes: Councilmen Payne, Ratty, Strong, Barton, Christensen,
Means, Miller
Noes: None
Absent: None
Bakersfield, Cali£ornia, January 14, 1981 - Page 7
147
ACTION ON BIDS
Upon a motion by Councilman Means, bid of American Fence
Company, in the amount of $7,654.00, for Annual Contract for Fencing,
was accepted, the other bids rejected and the Mayor was authorized
to execute the contract.
Upon a motion by Councilman Miller, low bid of Three Way
Chevrolet, in the amount of $44,356.86, for a truck with mounted
vacuum tank for the Public Works Department, was accepted, all
other bids rejected and Budget Transfer from Account No. 11-484-
9972, in the amount of $15,300, and Account No. 11-484-9983, in the
amount of $1,056.86, to Account No. 81-484-9973, was approved.
Upon a motion by Councilman Payne, low Base Bid of J. L.
Denio, in the amount of $59,458.25, for the Alum Avenue Storm Drain,
was accepted, all other bids rejected and the Mayor was authorized
to execute the contract.
Upon a motion by Councilman Ratty, low bid of James G.
Francis, in the amount of $2,136,998.42, for construction o£ the
Chester Avenue Underpass at the Southem Pacific Railroad Crossing,
was accepted, all other bids rejected and the Mayor was authorized
to execute the contract.
Upon a motion by Councilman Christensen, low bid of
Gamcon, in the amount of $7,715.40, for construction of a Sanitary
Sewer for the South Wing Addition to City Hall, was accepted, all
other bids rejected and the Mayor was authorized to execute the
contract.
Upon a motion by Councilman Christensen, low bid of Bone
& Son, in the amount of $4,952.00, for demolition of various
structures, was accepted and all other bids rejected.
Upon a motion by Councilman Payne, low bid of Granite
Construction Company, in the amount of $258,945.00, for construction
of Asphalt Concrete Pavement on portions of Gosford Road, White
Lane and Lily Drive, was accepted, all other bids rejected and the
Mayor was authorized to execute the contract.
Bakersfield, California, January 14, 1981 - Page 8
DEFERRED BUSINESS
Adoption of Ordinance No. 2616 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located on the east side
of Stine Road, south of Harris Road;
and making £indings in connection
with a P.U.D. Zone.
The application for this amendment was made by Casa Linda,
Inc., and would change subject property from a P.U.D. (Planned
Unit Development) Zone to a P.U.D. (Planned Unit Development) Zone,
to allow a revision to 90 attached single family units, with some
units constructed with a zero side yard setback; and redesign the
remaining units.
Upon a motion by Councilman Barton, Negative Declaration
and Ordinance No. 2616 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Title 17 of the Munici-
pal Code changing the Land Use Zoning of that certain property in
the City of Bakersfield located on the east side of Stine Road,
south of Harris Road; and making findings in connection with a
P.U.D. Zone, finding said zoning consistent with the General Plan,
were adopted by the following roll call vote:
Ayes
Councilmen Payne, Ratty, Strong, Barton, Christensen,
Means
Noes None
Absent: Councilman Miller
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 3.18.010 of Chapter
3.18 relative to setting the compen-
sation to be paid to members of the
Planning and Civil Service Commissions
of the City of Bakersfield.
This ordinance brings the existing ordinance provisions
into compliance with the Council's action of June 16, 1980, in
which it was agreed that members of the Planning Commission and
Bakersfield, California, January 14, 1981 - Page 9
the three Civil Service Commissions would receive $25 per regular
meeting, up to a maximum of $100 per month.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 3.18.010 of
Chapter 3.18 relative to setting the compensation to be paid to
members of the Planning and Civil Service Commissions of the City
of Bakersfield.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield located on the northwest
corner of Panama Lane and Wible Road.
The application for this amendment was made by Regional
Mortgage Company and would change subject properties from an MH
(Mobilehome) Zone to an R-1 (One Family Dwelling) and R-2-D (Limited
Multiple Family Dwelling - Architectural Design) Zones; and from an
R-1 (One Family Dwelling) Zone to a C-1-D (Limited Commercial -
Architectural Design) and R-2-D (Limited Multiple Family Dwelling -
Architectural Design) Zones.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of those certain properties in the
City of Bakersfield located on the northwest corner of Panama Lane
and Wible Road.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield commonly known as 4417
Wilson Road.
The application for this amendment was made by Michael
A. Moss and would change subject property from an R-1 (One Family
Dwelling) Zone to a C-O-D (Commercial and Pro£essional Office -
Architectural Design) Zone.
150
Bakersfield, California, January 14, 1981 - Page 10
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of that certain property in the City
of Bakersfield commonly known as 4417 Wilson Road.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning o£ that
certain property in the City of
Bakersfield located on the west side
of Hughes Lane, approximately 425
feet north of Bea Court.
The application for this amendment was made by Harold R.
Clark and would change subject property from an R-1 (One Family
Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling -
Architectural Design) Zone.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of that certain property in the City
of Bakersfield located on the west side of Hughes Lane, approximately
425 feet north of Bea Court.
Adoption of Resolution No. 2-81 of
the Council of the City o~ Bakers-
field fixing time, date and place
for hearing report of Building
Official specifying work done, cost
of work and description of property
upon which Dangerous Buildings have
been demolished and hearing any
protests or objections thereto.
This resolution sets the date of public hearing for
Wednesday, February 4, 1981, in the Council Chambers of City Hall
and a notice will be published in the newspaper and mailed to the
property owners as shown on the assessment roll of the County.
Upon a motion by Councilman Christensen, Resolution No.
2-81 of the Council of the City of Bakersfield fixing time, date
and place for hearing report of Building Official specifying work
done, cost of work and description of property upon which Dangerous
Buildings have been demolished and hearing any protests or
Bakersfield, Califonia, January 14, 1981 - Page 11
objections thereto,
Ayes:
was adopted by the following roll call vote:
Councilmen Payne, Ratty, Strong, Barton, Christensen,
Means
Noes: None
Absent: None
Abstaining: Councilman Miller
Approval of Agreement between the
City and Mervyn's Corporation pro-
viding for driveway and median
storage lane modifications along
California Avenue and installation
of a traffic signal at Mervyn's
main driveway entrance on California
Avenue.
costs.
warrants for a signal and is at the optimum location for the
syncronized signal system proposed for California Avenue. The
estimated cost of the project is $85,000. Mervyn's will make a
cash deposit of this amount to the City prior to the City advertising
for bids.
Upon a motion by Councilman Ratty, Agreement between
the City and Mervyn's Corporation providing for driveway and median
storage lane modifications along California Avenue and installation
of a traffic signal at Mervyn's main driveway entrance on California
Avenue, was approved and the Mayor was authorized to execute same.
Approval of Lease Agreement with
Radio Station KERN for a Trans-
mitting Site.
This Lease Agreement replaces Lease Agreement No. 79-62,
which was never fully executed, and sets March l, 1981, as commence-
ment of lease period. Other terms identical with those accepted by
the Council in Lease Agreement No. 79-62.
Upon a motion by Councilman Payne, Lease Agreement with
Radio Station KERN for a Transmitting Site, was approved and the
Mayor was authorized to execute same.
Mervyn's will be responsible for the design and construction
The proposed traffic signal location meets the minimum
159
Bakers£ie~d, California, January 14, 1981 - Page 12
Approval of City Manager's Contract
with Philip Kelmar
This contract provides the terms and conditions for
employment of the City Manager as agreed upon by the City Council
and Mr. Kelmar at the January 5, 2981, Council Meeting.
Councilman Strong asked if it would be in conflict with
this contract, if, in the future, the Council decided not to uni-
formally give raises to everyone in the Management Group, as it
has in the past.
City Attorney Oberholzer stated no.
Upon a motion by Councilman Strong, City Manager's
Contract with Philip Kelmar, was approved and the Mayor was
authorized to execute same.
Approval of request for authorization
to spend $4,000 from the Parking Fund
to replace 50 parking meter mechanisms.
The existing meter mechanisms are over 20 years old and
no longer serviceable.
Upon a motion by Councilman Means, request for authori-
zation to spend $4,000 from the Parking Fund to replace 50 parking
meter mechanisms, was approved.
HEARINGS
This is the time set for public hearing before the
Council on an Appeal by Edwin W. Wilson, Doris Jean Wilson and
Dr. Kenneth D. Raak to the decision of the Planning Commission
denying their application to change the zoning boundaries from an
"A" (Agricultural) Zone to a C-1-D (Limited Commercial - Architect'~ral
Design) Zone, affecting those certain properties in the City of
Bakersfield located on the northeast and southeast corners of the
future extensions of Panorama Drive and Morning Drive.
This hearing has been duly advertised and the property
owners have been notified as required by law.
Mayor Shell declared the hearing open for public partici--
pation.
Bakersfield, California, January 14, 1981 - Page 13
Mr. Dick Foster, representing the applicants, stated the
owners requested a rezoning that conforms with the General Plan.
It only failed to get approval from the Planning Commission because
of a lack of a quorum and he requested that the zone change be
granted.
No protests or objections being received and no one else
wishing to speak in favor, Mayor Shell closed the public portion
of the hearing for Council deliberation and action.
Upon a motion by Councilman Miller, recommendation of
the Planning Commission was overturned, Negative Declaration was
approved and first reading was considered given an Ordinance
amending Title Seventeen of the Municipal Code of the City of
Bakersfield by changing the Land Use Zoning of those certain
properties in the City of Bakersfield located on the northeast
and southeast corners of the future extensions of Panorama Drive
and Morning Drive, by the following roll call vote:
Ayes: Councilmen Payne, Ratty, Strong, Barton, Christensen,
Means, Miller
Noes: None
Absent: None
ADJOURNMENT
There being no further business to come
Council, upon a motion by Councilman Christensen,
adjourned at 8:55 P.M.
before the
the meeting was
MAYOR of theCity of Bakersfield,
Calif.
ATTEST:
~CLERK~~ad' Off~e
CITY E rk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, January 28, 1981
of
Hall at 8:00 P.M., January 28, 1981.
The meeting was called to order by Mayor Shell,
by the Pledge of Allegiance and Invocation by Mayor Shell.
Present:
Absent:
Minutes of a regular meeting of the Council of the City
Bakersfield, California, held in the Council Chambers of City
The City Clerk called the roll as
Mayor Shell.
followed
follows:
Councilmen Ratty, Strong, Barton, Christensen,
Means, Mil~er, Payne
None
Minutes of the regular meeting of January
approved as presented.
CORRESPONDENCE
Upon a motion by Councilman Ratty,
14, 1981 were
communication from
the California Society of Municipal Finance Officers, dated January
16, 1981, congratulating the staff for being awarded the California
Society of Municipal Finance Officers' Outstanding Award for
Financial Reporting for its 1979-80 Annual Report, was received
and ordered placed on file.
Councilman Means commended the staff for the excellent
job and complimented them for the award.
Councilman Christensen read the following communication
from Wilson Call, Architect, dated January 18, 1981, into the record:
Bakersfield City Council
Bakersfield, California
Re: Downtown Bakersfield
Dear Honorable Body:
When are you going to realize that Downtown
Bakersfield will revitalize itself through
private enterprise, exercising tax investment
credits, if parking is provided. This is
evidenced by the article in the Sunday, Jan.
18, 1981, issue of the Bakersfield Californian,
headlining "Parking Hampers Downtown Face Lift".
I have avocated since 1967 that there is noth-
ing wrong with Downtown Bakersfield that
parking will not solve.
Now is the time to drop the Shopping Mall, as
it is ill conceived and economically unsound,
and devote your attention and development funds
to the parking problem.
Very truly yours,
WILSON CALL, AIA
Bakersfield, California, January 28, 1981 - Page 2
155
Upon a motion by Councilman Christensen, communication
from Wilson Call, Architect, dated January 18, 1981, regarding
Downtown Shopping Mall and parking, was received and ordered placed
on file.
Upon a motion by Councilman Barton, communication from
Warner Cable of Kern County, Inc., dated January 19, 1981, giving
notice of intention to raise rates in the incorporated service
area of the City on March l, 1981, was received and ordered placed
on file.
Upon a motion by Councilman Miller, communication from
Sanders Twilly, DARA Records, 9348 Santa Monica Boulevard, Suite
101, Beverly Hills, dated January 20, 1981, enclosing a record
entitled "Bakersfield" by David Adams, was received, ordered placed
on file and the Mayor was authorized to write a letter of encourage-
ment to Mr. Adams.
Upon a motion by Councilman Miller, communication from
Hull & Associates on behalf of the Rodeway Inn of Bakersfield,
dated January 26, 1981, requesting abandonment o£ a pipeline drain--
age easement that traverses the southerly portion of the Rodeway
Inn parking lot, was received and referred to the Planning Com-
mission for study and recommendation.
Upon a motion by Councilman Ratty, communication from
Borton, Petrini & Conton, Attorneys at Law, dated January 27, 1981,
requesting abandonment of a portion of 26th Street between "Q"
Street and Freeway 178, was received and referred to the Planning
Commission for study and recommendation.
COUNCIL STATEMENTS
Councilman Christensen read the following paragraph from
a Mailgram given to the Council on December 14, 1980:
In a recent Business Development and Parking
Committee meeting the staff presented a cost-
analysis on a proposed parking structure for
the existing downtown business area. It was
pointed out that numerous businesses expressed
interest in long-term lease agreements for
1.56
Bakersfield, California, January 28, 1981 - Page 3
spaces in a parking structure downtown. It
was also pointed out that even with these
leases a subsidy would be needed from the
Redevelopment Agency's Tax Increments. Un-
fortunately, the Agency has obligated the
entire available increments for the proposed
regional mall. Thus, a subsidy is not
currently available.
Councilman Christensen asked the City Manager what took
place at yesterday's Redevelopment Agency meeting regarding the
parking problem.
City Manager Kelmar stated letters were received from
Mr. Benton, Owner of the Haberfelde Building, and the Building
Manager of the Brower Building, and also one of the owners of the
Brower Building was present, indicating an interest in leasing
parking spaces. These requests were referred to the Parking
Committee of the Redevelopment Agency.
Councilman Payne welcomed Boy Scout Troop No. 24 to
the Council Meeting tonight.
Upon a motion by Councilman Payne, a Special Council
Workshop Session will be held at 7:00 P.M., Thursday, February 5,
1981, in the City Water Department's Conference Room, 4101Truxtun
Avenue, to update the Council and interested persons on the
operations of the City's Water Department.
Councilman Miller requested that staff conduct a traffic
study at Auburn and Columbus Streets and make a report back to the
Council when it is completed.
Councilman Ratty made a motion to reappoint Mr. Bill
Carter, 2612 Crest Drive, as a member of the Golden Empire Transit
District Board.
Councilman Strong questioned Mr. Carter regarding the
position he took as a member of the Board of GET during the strike
several months ago. Councilman Strong requested that Councilman
Ratty withdraw his nomination and give the Council an opportunity
to contact the person.
Councilman Ratty stated he would withdraw his motion to
reappoint Mr. Bill Carter to the GET Board until next week.
Bakersfield, California, January 28, 1981 - Page 4
1.57
Councilman Barton stated the Manager of the Agricultural
Water Department wrote a memo to City Manager Kelmar and the Water
Board stating that in the 1980-81 Agricultural Water Enterprise
Operations $90,000 was budgeted to be transferred to the City's
General Fund, if revenues exceeded operations, maintenance, adminis-
trative and debt service requirements. Since 1980 yielded an above
average water supply, revenues were also above the normal year's
water income. Due to these conditions it is requested that
$90,000 of unencumbered current fiscal year's Agricultural Water
revenues be transferred to the City's General Fund. This transfer
would begin the repayment to the City's General Fund for acquisition
costs for legal, engineering and financial requirements that were
necessary to purchase the Kern River water rights and Ashe Water
System from Tenneco West, Inc.
Councilman Barton made a motion that $90,000 be trans-
£erred from the Agricultural Water Department's 1980-81 budget to
the City's General Fund.
Councilman Miller requested that this item be held over
unit1 next week in order to give the rest of the Council time to
study the document.
City Manager Kelmar stated when the acquisition of the
water rights was made it was indicated that the acquisition costs,
approximately $900,000, would be repaid to the City through the
Agricultural Water operations, when funds became available. This
is the first year funds have become available to begin repaying
the City.
Councilman Means asked if it
the Water Board to spend funds.
is
on
requires Council action for
City Manager Kelmar stated the Agricultural Water budget
approved by the City Council and payments that are made appear
the Voucher Register that is given to the Council every week.
Councilman Means questioned actions that are taken by
the Water Board independent of the entire Council.
Bakersfield, California, January 28, 1981 - Page 5
City Manager Kelmar stated the Water Board only takes
actions allowed in the ordinance that established the Board.
After discussion, Councilman Barton withdrew his motion
until the next Council Meeting in order to allow the Council more
time to study the history of the water acquisition and the reason
these funds are being repaid.
Councilman Strong requested that the City Attorney
furnish the entire Council copies of the Ordinance establishing
the Water Board, with an explanation of the powers given it, and
advise the Council of any action necessary to revert some of those
powers back to the entire Council.
Councilman Payne requested that the City Attorney also
research the minutes of Council Meetings that led to the adoption
of the Ordinance establishing the Water Board; and which Council-
men voted for and against it; and copies of these minutes be
furnished to the entire Council. Councilman Payne also requested
a copy of the minutes showing which Councilmen voted to appoint
the present members of the Water and City Growth Committee (by
virtue of ordinance they are also members of the Water Board).
REPORTS
Councilman Christensen, member of the Governmental
Efficiency and Personnel Committee, read Report No. l-S1 regarding
Reclassification of Accountant I position to Financial Investigator,
as follows:
Due to the recent retirement of the City's
Accountant I, the Finance Operations Manager
has requested that this classification be
changed to Financial Investigator. This new
classification would investigate delinquent
business tax accounts, room taxes, and accounts
receivable as well as searching for unlicensed
businesses, follow up on City damage claims,
and other job related work which better fits
the needs of the Finance Department.
The Governmental Efficiency and Personnel
Committee has discussed this request with
the staff and based on the City's needs and a
potential savings of $4,650 annually, we are
Bakersfield, California, January 28, 1981 - Page 6
159
recommending Council approval as follows:
Reclassify Accountant I to Financia~
Investigator at a monthly salary
range of $1,073 to $1,304.
In order to implement
recommend adoption of
the salary resolution
fications.
this report, we also
the attached change in
and attached job speci-
Councilman Christensen, member of the Governmental
Efficiency and Personnel Committee, read Report No. 2-81 regarding
Change Police Lab Technician from Police Unit to White Collar Unit,
as follows:
Last year the Police Civil Service Commission
at the request of the Chief of Police enacted
a new concept in the Police Department uti-
lizing a non-safety employee as a Police Lab
Technician. This change will result in more
stability within the Police Lab and will also
result in an overall savings to the City.
Testing has been completed and the new employee
is presently working in this capacity, however,
the classification was inadvertently left in
the Police Unit. Since the pay and fringe
benefits are different and the Police Unit is
for safety employees only, the Governmental
Efficiency and Personnel Committee is recom-
mending Council approval of the following:
Transfer the classification of Police
Lab Technician from the Police Unit
to the White Collar Unit.
Upon a motion by Councilman Christensen, Governmental
Efficiency and Personnel Committee Reports No. 1-81 regarding
Reclassification of Accountant I to Financial Investigator and
2-81 regarding Change Police Lab Technician from Police Unit to
White Collar Unit, were accepted; and recommendations as outlined
in the reports, were approved.
Adoption of Resolution No. 3-81 of
the Council of the City of Bakers-
field amending Resolution No. 42-80,
setting salaries and related benefits
for Officers and Employees of the
City of Bakersfield.
Upon a motion by Councilman Christensen, Resolution No.
3-81 of the Council of the City of Bakersfield amending Resolution
No. 42-80, setting salaries and related benefits for Officers and
Bakersfield, California, January 28, 1981 - Page 7
Employees of the City of Bakersfield, was adopted by the following
roll call vote:
Ayes:
Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
Councilman Payne, member of the Governmental Efficiency
and Personnel Committee, read Report No. 3-81 regarding Contract
with Shaffer Psychological Institute for Police Candidate Screening,
as follows:
Two weeks ago the City Council received a
request from the Police Civil Service Com-
mission for funds to enter into a contract
with Shaffer Psychological Institute in order
to better screen candidates for the entry
level Police Officer position.
The Governmental Efficiency and Personnel
Committee has studied this request and we are
in concurrence with the Commission as to the
need for this program. For the past five years
the Police applicants have undergone a written
pyschological examination known as the Minnesota
Multiphasic Psychological Inventory (MMPI),
the results of which have been challenged to
the point that the Commission no longer feels
comfortable in defending their position. As a
result they have contacted Dr. Stuart Shaffer,
who presently is doing the psychological
screening of Police Officer candidates for the
City of Los Angeles as well as several other
Southern California cities. Dr. Shaffer has
submitted a proposal to the City which calls
for a one year contract at Fourteen Hundred
dollars per month, and would include an in-
depth job analysis and the screening of all
applicants through written exams and face to
face interviewing.
The first year of this program will cost
$16,800, however, included in this is $10,000
for the job analysis. If the program is
continued into future years, the costs would
be reduced considerably.
After a thorough review of this request the
Governmental Efficiency and Personnel Committee
is recommending Council approval of the attached
contract with Shaffer Psychological Institute,
the transfer of $16,800 from the Council's
Contingency Account to Account 4100 of the
Personnel Budget and authorize the Mayor to
execute the contract.
Bakersfield, California, January 28, 1981 - Page 8
Upon a motion by Councilman Payne, Governmental Efficiency
and Personnel Committee Report No. 3-81 regarding Contract with
Shaffer Psychological Institute for Police Candidate Screening,
was accepted; Contract with Shaffer Psychological Institute, was
approved and the Mayor was authorized to execute same; and Budget
Transfer from the Council's Contingency Account to Account No.
4100 of Personnel's budget, in the amount of $16,800, was approved.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 4357 to 4784,
inclusive, in the amount of 91,045,930.66.
(b)
Claim for Damages from Tamara Alvidrez,
2517 Garvey Avenue, Corcoran, California.
(Refer to City Attorney)
(c) Claim for Damages from Cheatham C. Thomas.
(Refer to City Attorney)
(d)
Application to Present Late Claim and Claim
for Damages from Donald Peck on behalf of
Bakersfield Associates, Ltd., 1430 Truxtun
Avenue, Bakersfield. (Refer to City
Attorney)
(e)
Claim for Damages from Tammy Barron, 4217
Christmas Tree Lane, Bakersfield. (Refer
to City Attorney)
(f)
Claim for Personal Injuries from Julie
Lynn Duggan, 6009 Ashwood, Bakersfield.
(Refer to City Attorney)
(g)
Claim for Damages and Personal Injuries
from Norma Barron on behalf of her daughter
Dewanna Barron, c/o DonnaLee Mendez,
Attorney at Law, 416 Truxtun Avenue,
Bakersfield. (Refer to City Attorney)
(h)
Claim for Damages from Jerry Whirworth
2805 Cornell Street, Bakersfield. (Refer
to City Attorney)
(i)
Street Right-of-Way Deed from Regional
Mortgage Company for additional dedication
of Maybrook Avenue, Summerfield Drive,
Panama Lane, Stine Road and Alley between
Panama Lane and Maybrook Avenue, as
required by the Planning Commission for
Parcel Map No. 5702, located at southeast
corner of Maybrook Avenue and Summerfield
Drive.
Bakersfield, California, January 28, 1981 - Page 9
(J)
(k)
(1)
(m)
(n)
(o)
(P)
(q)
Map of Tract No. 4193 and Improvement
Agreement with Regional Mortgage Company
for construction of improvements therein,
located north of White Lane, east of
ttughes Lane.
Map of Tract No. 4277, Units l, 2, 3 & 4,
and Improvement Agreements with Tenneco
Realty Development Corporation for
construction of improvements therein,
located between White Lane and South
Laurelglen Boulevard, west of Lily Drive.
Map of Tract No. 4417 and Improvement
Agreement with Lencioni, Altergott and
Yates Investments for construction of
improvements therein, located north and
east of the intersection of Lennox Avenue
and Business Park South.
Improvement Agreement for Parcel Map No.
5702 with Regional Mortgage Company for
construction of improvements therein,
located at southwest corner of Maybrook
Avenue and Summerfield Drive.
Improvement Agreement for Parcel Map No.
5715 with Tenneco Realty Development
Corporation for construction of improve-
ments therein, located between Lennox
Avenue and Mohawk Street, west of
California Avenue.
Notices of Completion and Acceptance of
Work for:
Tract No. 4192, Contract No. 80-166 with
Regional Mortgage Company, located at
McCourry Street and Teal Street.
Tract No. 3828 B, Contract No. 79-114 with
Loma Vista Construction, located at
Fairview Road and South "H" Street.
Parcel Map No. 5714, Contract No. 80-171
with Tenneco Realty Development Corporation,
located at Dunsmuir Street and Business
Center Drive.
Application for Encroachment Permit from
Theron J. Oaks, 3004 Cornell Street, for
construction of a 5 foot high chain link
fence along back of sidewalk at 3004
Cornell Street.
Application for Encroachment Permit from
Paul S. Conde, 607 Monterey Street, for
construction of a 4 foot high brick and
wrought iron fence along back of sidewalk
at 607 Monterey Street.
Bakers£ield, California, January 28, 1981 - Page 10
163
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
Application for Encroachment Permit from
Nick Novak, 3600 Bucknell Street, for
construction of a 24 inch high retaining
wall along back of sidewalk at 3600
Bucknell Street. Public Works Department
recommends approval of the application
with the condition that the wall be kept
4 feet clear of the fire hydrant.
Application for Encroachment Permit from
James A. Shropshire, 3524 Bucknell Street,
for construction of a 24 inch high
retaining wall along back of sidewalk at
3524 Bucknell Street. Public Works Depart-
ment recommends approval of the application
with the condition that the wall be kept
4 feet clear of the fire hydrant.
Application for Encroachment Permit from
Ted Kaplan, 1530 - 19th Street, for
construction of folding gates across the
front of entryway at 1530 - 19th Street.
Application for Encroachment Permit from
Mercy Hospital, 2215 Truxtun Avenue, for
construction of an exterior wall for the
newly constructed Nursing Tower which
extends 1.8 feet into the right-of-way
along Truxtun Avenue. The building was
inadvertently constructed within the
right-of-way and it is not practical to
relocate the building.
Plans and Specifications for improvements
on Auburn Street between Piper Way and
Fairfax Road.
Plans and Specifications for installation
of telephone conduits, water lines and
drains for the South Wing Addition to
City Hall.
Plans and Specifications for Phase II of
South Wing Addition to City Hall.
Contract Change Order No. 7 to Contract
No. 80-48 with Granite Construction
Company for the Truxtun Avenue Extension,
Phase II, FAU Project No. M-F 252(1).
This Change Order will provide future
water service by the City of Bakersfield
along the Truxtun Avenue Extension area.
Funds are available from the Domestic
Water Department Account No. 69-180-2910
for this work and the contract cost will
be increased by $4,654.08. Total project
cost, including this Change Order, is
$2,952,524.87.
Resolution of Intention No. 948 of the
Council of the City of Bakersfield,
declaring its intention to order the
vacation of a portion of a 30 foot Alley
in Tract 3915 between Auburn Oaks Drive
and Auburn Street east of Fairfax, in the
City of Bakersfield, and setting Wednesday,
February 18, 1981, for hearing on the
matter before the Council.
164
Bakersfield, California, January 28, 1981 - Page 11
(aa)
Request from Borge Hansen, 1612 Hughes
Lane, for closing of an easement located
in alley north of ~ing Avenue, west of
Hughes Lane. (Refer to Planning Commission
for study and recommendation)
(bb)
Request from Kamwil, Inc., for reinstate-
ment of a request to amend the General
Plan for commercial use of property
located on the southwest corner of Frazer
Road and proposed Old River Road.
(Request for reinstatement granted and
referred to Planning Commission for study
and recommendation)
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (1), (m), (n), (o), (p),
(q), (r), (s), (t), (u), (v), (w), (x), (y), (z), (aa) and (bb)
of the Consent Calendar, were adopted by the following roll call
vote:
Ayes:
Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Christensen, low bids of
Target Chemical, in the amount of $509.06, and Abate-A-Weed, in
the amount of $4,164.64, for Chemicals for the Parks Department,
were accepted and all other bids rejected.
Upon a motion by Councilman Payne, low bid of Genkev
Construction, in the amount of $57,200, for the Kern River Canal
Spreading Ground Turnout Structure, was accepted, all other bids
rejected and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Ratty, low bid of Alcorn
Fence Company, in the amount of $13,297, for installation of Fence
on Carrier Canal, was accepted, all other bids rejected and the
Mayor was authorized to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2617 New
Series of the Council of the City of
Bakersfield amending Section 3.18.010
of Chapter 3.18 relative to setting
the compensation to be paid to members
of Planning and Civil Service Com-
missions of the City of Bakersfield.
Bakersfield, California, January 28, 1981 - Page 12
Upon a motion by Councilman Payne, Ordinance No. 2617
New Series of the Council of the City of Bakersfield amending
Section 3.18.010 of Chapter 3.18 relative to setting the compen-
sation to be paid to members of Planning and Civil Service Commissions
of the City of Bakersfield, was adopted by the following roll call
vote:
Ayes:
Councilmen Strong, Barton, Christensen, Means, Miller,
Payne
Noes: Councilman Ratty
Absent: None
Adoption of Ordinance No. 2618 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield commonly
known as 4417 Wilson Road.
The application for this amendment was made by Michael
A. Moss and would change subject property from an R-1 (One Family
Dwelling) Zone to a C-O-D (Commercial and Professional Office -
Architectural Design) Zone.
Upon a motion by Councilman Barton, Negative Declaration
and Ordinance No. 2618 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield commonly
known as 4417 Wilson Road, finding said zoning consistent with the
General Plan, were adopted by the following roll call vote:
Ayes:
Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
Adoption of Ordinance No. 2619 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield located on
the west side of Hughes Lane, approxi-
mately 425 feet north of Bea Court.
Bakersfield, California, January 28, 1981 - Page 13
The application for this amendment was made by Harold R.
Clark and would change subject property from an R-1 (One Family
Dwelling) Zone to an R-2-D (Limited Multiple Family Dwelling -
Architectural Design) Zone.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2619 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
on the west side of Hughes Lane, approximately 425 feet north of
Bea Court, finding said zoning consistent with the General Plan,
were adopted by the following roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
Adoption of Ordinance No. 2620 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of those certain properties
in the City of Bakersfield located
on the northwest corner of Panama
Lane and Wible Road.
The application for this amendment was made by Regional
Mortgage Company and would change subject properties from an MH
(Mobilehome) Zone to an R-1 (One Family Dwelling) and R-2-D
(Limited Multiple Family Dwelling - Architectural Design) Zones,
and from an R-1 (One Family Dwelling) Zone to a C-1-D (Limited
Commercial - Architectural Design) and R-2-D (Limited Multiple
Family Dwelling - Architectural Design) Zones.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2620 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of those certain properties in the City of Bakersfield
located on the northwest corner o£ Panama Lane and Wible Road,
Bakersfield, California, January 28, 1981 - Page 14
finding said zonings consistent with the General Plan, were adopted
by the following roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen Means,
Miller, Payne
Adoption of Ordinance No. 2621 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of those certain properties
in the City of Bakersfield located
on the northeast and southeast
corners of the future extensions of
Panorama Drive and Morning Drive.
After a public hearing held January 14, 1981, the Council
voted to overturn the decision of the Planning Commission and grant
the applicants request for a zone change from an "A" (Agricultural)
Zone to a C-1-D (Limited Commercial - Architectural Design) Zone.
Upon a motion by Councilman Miller, Ordinance No. 2621
New Series amending Title Seventeen of the Municipal Code of the
City of Bakersfield by changing the Land Use Zoning of those
certain properties in the City of Bakersfield located on the north-
east and southeast corners of the future extensions of Panorama
Drive and Morning Drive, finding said zoning consistent with the
General Plan, was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
NEW BUSINESS
Approval of Agreement with California
Water Service Company for upgrading
existing fire system on DeWolf Street
and South Williams Street.
As part of the Neighborhood Revitalization activities in
the southeast portion of the City, upgrading of the fire protection
system is an integral segment. This agreement will enable Cal
Water to extend the water system at two locations: 1) DeWolf Street
Noes: None
Absent: None
Bakersfield, California, January 28, 1981 - Page 15
between South Williams and South Haley Street; and 2) South
Williams Street between Potomac and DeWolf Streets. Because the
upgrading is to be made to California Water Service Company's
system, it is requested that the normal bidding procedure be waived.
The Engineer's estimate is $22,770, which is within the amount
allocated as part of the Community Development Block Grant Program
for this project.
Upon a motion by Councilman Strong, usual bidding require-
ments were dispensed with and Agreement with California Water
Service Company for upgrading existing fire system on DeWolf Street
and South Williams Street, was approved and the Mayor was authorized
to execute same.
Approval of Agreement with California
Water Service Company for upgrading
existing fire system on South Owens
Street.
As part of the Neighborhood Revitalization activities
in the southeast portion of the City, upgrading the fire protection
system is an integral segment. This agreement will enable Ca1
Water to extend the water system on South Owens Street between
Potomac Drive and East 10th Street. Because the upgrading is to
be made to California Water Service Company's system, it is reques~;ed
that the normal bidding procedure be waived. The Engineer's
estimate is $13,533, which is within the amount allocated as part
of the Community Development Block Grant Program for this project.
Upon a motion by Councilman Strong, usual bidding require-
ments were dispensed with and Agreement with California Water
Service Company for upgrading existing fire system on South Owens
Street, was approved and the Mayor was authorized to execute same.
Approval of Agreement with California
Housing Finance Agency for partici-
pation in the Home Ownership Home
Improvement Loan Program including
the Rental Housing Program.
On December 17, 1980, the City Council approved the
continuation of the Local Government Agreement with California
Bakersfield, California, January 28, 1981 - Page 16
Housing Finance Agency (CHFA) to implement the Home Ownership Home
Improvement Program. On January 13, 1981, CHFA subsequently
required that Part II of the agreement, designating the geographic
boundaries of the program, also be executed. This will keep the
same target area as that of last year's CHFA Program.
Upon a motion by Councilman Strong, Agreement with
California Housing Finance Agency for participation in the Home
Ownership Home Improvement Loan Program including the Rental
Housing Program, was approved, the Mayor was authorized to execute
same and the staff was authorized to implement.
Amendment to Agreement No. 80-85
between John Carollo Engineers/Quad
Consultants, Inc., and the City of
Bakersfield.
Agreement No. 80-85 provided the terms and conditions
for the Consultant to provide the City with a Step I Facilities
Plan Report for Wastewater Treatment Plant No. 3, consisting of a
Technical Report, an Environmental Impact Report and a Preliminary
Financial Plan and Revenue Program. In addition to the scope of
work outlined in the agreement, the staff has also requested that
the Consultant provide the City with a report on a plan for Interim
Treatment Facilities and to provide a detailed Revenue Program out-
lining alternative funding for the Plant No. 3 Expansion Program.
The Consultant's cost estimate of the increased scope of
work is $5,500. The staff has evaluated this request
approval of the increase. Funds are available in the
Sewer Bond Account for this increase.
Upon a motion by Councilman Payne, Amendment to Agreement
No. 80-85 between John Carollo Engineers/Quad Consultants, Inc.,
and the City of Bakersfield providing the City with a report on a
plan for Interim Treatment Facilities and detailed Revenue Program
outlining alternative funding for the Plant No. 3 Expansion Program,
was approved and the Mayor was authorized to execute same.
and recommends
Southwest
'170
Bakersfield, California, January 28, 1981 - Page 17
Approval of Contract Change Order No.
i to Contract No. 80-18 with Wallace
and Smith Contractors for Water
Department Office Addition.
This Change Order deletes several minor items in the
contract and authorizes a substitution in the air conditioning
and heating unit specified in the contract. The specified unit
could not be provided due to the manufacturer going into bank-
ruptcy during the course of the project. This substitution
required extensive roof framing changes and a more costly unit.
The changes result in a cost increase of $4,495. Sufficient funds
are available in the Water Department budget for this work.
A time extension of 131 days is required due to the
delay in delivery of the new air conditioning unit, setting a new
completion date of January 28, 1981.
Upon a motion by Councilman Ratty, Contract Change Order
No. 1 to Contract No. 80-18 with Wallace and Smith Contractors for
Water Department Office Addition, was approved.
Approval of Agreement with Mini-Ware-
house Investment Properties, Inc.,
for purchase of Mini-Warehouse
property located at southwest corner
of Truxtun Avenue and Oak Street.
This is the final parcel of land necessary for the
Truxtun Avenue street widening and extension project. The agree-
ment sets forth the terms of the purchase by the City for the
right-of-way. The sellers have already executed a grant deed to
the City in anticipation of the acceptance of the agreement. The
cost to the City for the purchase is the appraised value of $27,941,
and is budgeted in the project funding.
Upon a motion by Councilman Ratty, Agreement with Mini-
Warehouse Investment Properties, Inc., for the purchase of a portion
of the Mini-Warehouse property located at the southwest corner of
Truxtun Avenue and Oak Street, was approved;the Mayor was authorize,~
to execute same.
Bakersfield, California, January 28, 1981 - Page 18
t71
Acceptance of Grant Deed from Mini-
Warehouse Investment Properties, Inc.,
to the City of Bakersfield for final
parcel of property necessary for the
Truxtun Avenue widening and extension
project.
Upon a motion by Councilman Ratty, Grant Deed from Mini-
Warehouse Investment Properties, Inc., to the City of Bakersfield
for final parcel of property necessary for the Truxtun Avenue
widening and extension project, was accepted.
HEARINGS
This is the time set for public hearing before the
Council for the purpose of hearing a petition to revert to acreage
subdivided real property consisting of Lots 1 through 18, both
inclusive, in Block 1 of Tract No. 1472, located north of 30th
Street between "F" and "H" Streets.
This hearing has been duly advertised.
Mayor Shell declared the hearing open for public partici-
pation.
Mr. Bob Ridgewood, representing Clement, Millazo Archi-
tects, requested approval of this request.
No protests or objections being received and no one else
wishing to speak in favor, Mayor Shell closed the public portion of
the hearing for Council deliberation and action.
Upon a motion by Councilman Ratty, Resolution No. 4-81
of the Council of the City of Bakersfield approving reversion to
acreage of Lots One through Eighteen, both inclusive, in Block One
of Tract No. 1472, City of Bakersfield, upon making specified
findings, was adopted by the following roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
Noes: None
Absent: None
This is the time set for public hearing before the Council
for the purpose of receiving input from interested persons or
Bakersfield, Cali£ornia, January 28, 1981 - Page
affected organizations concerning increases in fees the City
charges for processing of various applications for Zone Changes,
General Plan Amendments, Conditional Use Permits, Subdivision Maps,
etc.
reflect
ments.
This hearing has been duly advertised and interested
persons or affected organizations have been notified.
The City staff conducted a cost-revenue study for the
processing of various City applications to establish fees which
the actual cost incurred by all participating City depart-
The Budget Review and Finance Committee reviewed the
proposed fee schedule and directed staff to submit to local
developers, groups and organizations involved in development
activities within the City, which was done.
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being received and no one wishing
to speak in favor, Mayor Shell closed the public portion of the
hearing for Council deliberation and action.
City Attorney Oberholzer informed the Council that the
original fee proposed for processing Final Parcel Maps was $130.00.
The actual cost to the City proved to be $85.00 and the fee
schedule was changed to $85.00 plus $5.00 per lot to make it con-
sistent with services rendered.
Upon a motion by Councilman Means, Resolution No. 5-81
of the Council of the City of Bakersfield increasing Planning
Department Processing Fees, was adopted by the following roll call
vote:
Ayes:
Noes:
Absent:
support a move to declare the position held by Bill
Councilmen Ratty, Strong, Barton, Christensen, Means,
Miller, Payne
None
None
Councilman Strong asked Councilman Ratty if he would
Carter on the
Bakersfield, California, January 28, 1981 - Page 20
Board of the Golden Empire Transit District vacant until the
Council makes up its mind about an appointment.
Councilman Ratty stated he has no trouble with Mr. Carter
that Board until the Council either reappoints or re-
serving on
places him.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 9:25 P.M.
ATTEST:
CITY CLERK~~a d ~Ex fic~k of the Council
of the City of Bakersfield, California
ma
Calif.
Bakersfield, California, February 4, 1981
Minutes of a regular meeking of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., February 4, 1981.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and Invocation by Reverend Edward Bell
of St. Paul's Christian Methodist Episcopal Church.
The City Clerk called the roll as follows:
Present: Mayor Shell.
Absent: None
Councilmen Strong, Barton, Christensen,
Means, Miller, Payne, Ratty
Minutes of the regular meeting of January 28, 1981 were
approved as presented.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communication from
the Department of Housing and Urban Development, dated January 27,
1981, notifying the City their application for an Urban Development
Action Grant (UDAG) for the Downtown Shopping Mall was not approved
and is being held over for further consideration during the first
calendar quarter of ~981, was received, ordered placed on file and
a copy forwarded to the Redevelopment Agency.
Upon a motion by Councilman Ratty, communication from
Southern California Edison Company, dated January 29, 1981, re-
garding Tract No. 4442, was received and referred to the Public
Works Department.
COUNCIL STATEMENTS
Councilman Christensen stated he has thoroughly studied
the ordinance establishing the Water Board and related materials;
and would like to have the following powers removed from that Board:
1. Sell water
2. Set water rates
3. Enter into water contracts
4. Collect income
5. Transfer funds
6. Approve expansion
7. Repair water systems
8. Anything pertaining to Water Board duties
or powers without the consent of the full
Council.
Bakersfield, California, February 4, 1981 - Page 2
'175
Councilman Christensen made a motion that first reading
be considered given an Ordinance of the Council of the City of
Bakersfield repealing Chapter 1.30 of the Municipal Code of the
City of Bakersfield relative to the City of Bakersfield Water
Board.
Councilman Barton stated he felt Councilman Christensen's
motion is premature and suggested that it be withdrawn until after
tomorrow night's Workshop Session on Water Matters. If, after
that the Council still wants to abolish or limit the powers of the
Water Board it can be done at the next Council Meeting.
During a lengthy discussion Councilman Payne offered a
substitute motion that this be considered first reading of an
Ordinance repealing the Ordinance establishing the Water Board
and public notice be given on all Council committee meetings so
everyone can participate in the decision making process.
During discussion Councilman Ratty stated he would like
to resign from the Board and that Councilmen Christensen and
Strong be appointed to that Board so they can get in on the act.
Councilman Miller made a motion to divide the question.
This motion failed to carry by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Strong,
Councilmen Barton,
None
Christensen, Miller
Means, Payne, Ratty
Councilman Payne's substitute motion that first reading
be considered given an Ordinance repealing the Ordinance establishing
the Water Board and public notice be given on all Council committee
meetings so everyone can participate in the decision making process,
failed to carry by the following roll call vote
Ayes:
Noes:
Absent:
Councilmen Barton, Payne, Ratty
Councilmen Strong, Christensen,
None
Means, Miller
176
Bakersfield, California, February 4, 1981 - Page 3
Councilman Miller requested that the record show he voted
no on the substitute motion, but he is not opposed to the public
having access to the committee system.
Councilman Christensen's motion that first reading be
considered given an Ordinance of the Council of the City of Bakers-
field repealing Chapter 1.30 of the Municipal Code of the City of
Bakersfield relative to the City of Bakersfield Water Board, carried
by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Strong, Barton,
Councilmen Payne, Ratty
None
Upon a motion by Councilman Ratty,
Christensen, Means, Miller
Mr. Bill D. Carter,
2612 Crest Drive, was reappointed to the Board of the Golden
Empire Transit District,term expiring January 8, 1985, by the
following roll call vote:
Ayes: Councilmen Barton, Miller, Payne, Ratty
Noes: Councilmen Strong, Christensen, Means
Absent: None
Councilman Payne made a motion to reappoint Mr. M. James
Sughrue, Jr., Box 3007, to the Miscellaneous Departments Civil
Service Board.
Councilman Means made a motion to appoint Mr. Ray Geigle,
2513 Newport Lane, to the Miscellaneous Departments Civil Service
Board.
Councilman Strong, asked the City Attorney, under Mason's
Manual of Legislative Procedure, if it was appropriate for each
Councilman to call out the name of the person he supports when
there are only two people nominated.
Mayor Shell declared a brief recess at 9:20 P.M. and
reconvened the meeting at 9:27 P.M.
City Attorney Oberholzer quoted Section 552, Subsection
4, of Mason's Legislative Manual, as follows:
Bakersfield, California, February 4, 1981 - Page 4
:177
"When the vote is viva voce or by division, the
candidates are to be treated in the same manner
as alternative propositions and their names are
to be submitted to vote in the order in which
they were nominated, and when more than one
person is to be elected, the names are put in
the order of nomination until the requisite
number receive a majority vote and are declared
elected."
Geigle.
Councilman Means withdrew his nomination of Mr. Ray
Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Noes: None
Absent: None
Councilman Christensen reminded the Council that nothing
has been done with the Bakersfield Art Commission's request of
June, 1980, for funds to install a vault in the Cunningham Art
Gallery that was referred to the Intergovernmental Relations
Committee for discussions with the County of Kern and a recommenda-
tion back to the Council prior to the August, 1980, deadline.
Director of Public Works Hawley outlined what has happened
with that request since the meeting in June, 1980, and stated the
Art Commission plans to submit another letter within a week, to be
considered during this year's budget deliberations, requesting funds
Councilman Payne's motion to reappoint Mr. M. James
Jr., Box 3007, to the Miscellaneous Departments Civil
31, 1984, carried by the
to install the vault.
Councilman Strong,
REPORTS
Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 4-81 regarding Change Job
Specifications for Director of Fire and Development Services and
Assistant City Manager, as follows:
For quite sometime it has been apparent that
the job responsibilities of the Director of
Fire and Development Services have been too
Sughrue,
Service Board, term expiring December
following roll call vote:
Ayes:
Bakersfield, California, February 4, 1981 - Page 5
broad for a proper span of control. Two years
ago, the Fire Chief assumed the job responsi-
bilities for managing the Fire Department,
Building Department, Planning Department,
Redevelopment, Community Development, and
Domestic Water which was subsequently trans-
ferred to Public Works. This organizational
structure appeared to function efficiently,
however, it is now evident that changes need
to be made.
In an attempt to more evenly distribute job
responsibilities among the various department
heads, the City Manager recently met with the
Governmental Efficiency and Personnel Committee
to discuss a reorganizational plan. He has
proposed that the management responsibilities
for Community Development and Redevelopment be
shifted from the Director of Fire and Develop-
ment Services to the Assistant City Manager in
charge of Personnel. This Committee has studied
the Manager's proposal and we are in agreement
with him. We are therefore recommending Council
approval of the changes in the attached job
specifications for these two classifications.
Upon a motion by Councilman Strong, Governmental Efficiency
and Personnel Committee Report No. 4-81 regarding Change Job Speci~-
fications for Director of Fire and Development Services and
Assistant City Manager, was accepted; and recommendations as out-
lined in the report, were approved.
CONSENT CALENDAR
The
(a)
(b)
following items were listed on the Consent
Allowance of Claims Nos. 4785 to 4923,
inclusive, in the amount of $585,062.25.
Claim for Damages from David R. Lopez,
3201 River Boulevard, Bakersfield. (Refer
to City Attorney)
Calendar:
(c)
Claim for Damages from Kenneth Moland,
1114 Potomac Avenue, Bakersfield. (Refer
to City Attorney)
(d)
Claim for Damages from Mr. & Mrs. K. P.
Stevens, 3105 River Boulevard, Bakersfield.
(Re£er to City Attorney)
(e)
Map of Tract No. 4302 being developed by
Deeter Construction, Inc., located east
of Columbus Street between Oswell Street
and Darwin Street.
(f)
Application for Encroachment Permit from
Nickel Enterprises, 6200 Lake Ming Road,
for construction of a sign to be placed
20 feet behind flowline of curb on south-
east corner of Alfred Harrell Highway and
Lake Ming Road.
Bakersfield, California, February 4, 1981 - Page 6
179
(g)
Contract Change Order No. 8 to Contract
No. 80-48 with Granite Construction Co.,
for the Truxtun Avenue Extension, Phase
II, FAU Project No. M-F 252(1). This
Change Order is necessary to provide for
a retaining wall around access opening
of the equestrian tunnel, installation
of 225 L.F. of gutter at bridge decks,
installation of pump pedestals at the
Truxtun Avenue underpass pump station
and deletion o£ 420 feet of sidewalk.
This Change Order increases the contract
cost $2,734 and funds are available in
the project account.
(h)
Contract Change Order No. 1 to Contract
No. 78-22 with Jim Al£ter for construction
of curb and gutter on various streets in
the Mayflower-Sunset Tract, E.D.A. Project
No. 07-51-22588. This Change Order re-
presents the dif£erence between the actual
field measured quantities and the esti-
mated quantities of the contract and is
necessary to fulfill the requirements of
the final audit by E.D.A. This Change
was funded from Economic Development Funds
and increases the project cost from
$375,530.00 to $394,662.12.
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g) and (h) of the Consent Calendar, were adopted
by the following roll call vote:
Ayes:
Councilmen Strong, Barton, Christensen, Means, ~iller,
Payne, Ratty
Noes: None
Absent: None
NEW BUSINESS
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 2.04.010 of the
Municipal Code by adding Regular
Workshop Meetings of the City Council.
This ordinance is recommended by the City Manager in
order to provide the Council with information on matters which
will be presented at future Council Meetings.
City Manager Kelmar stated this ordinance will be a
method whereby the staff can provide information to the Council
regarding future agenda items that might be complex and require a
great deal of background information. This will give the Council
Bakersfield, California, February 4, 1981 - Page
an opportunity to ask questions and request additional information..
The face of the agenda wil~ show Pre-Meeting Workshop at 7:00 P.M.,
if there are items to be discussed. If there are no items then the
agenda will so indicate and the Council will know whether to be
here at 7:00 P.M. or not.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 2.04.010 of
the Municipal Code by adding Regular Workshop Meetings of the City
Council.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield commonly known as 1913
and 1917 Wilson Road.
The application for this amendment was made by Leo J.
Wilson 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 with the application
of the "D" Design Overlay.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning o£ those certain properties in the
City of Bakersfield commonly known as 1913 and 1917 Wilson Road.
First reading o£ an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield located south of White
Lane, north of the Southern Pacific
Railroad Right-of-Way, between Gosford
Road and Ashe Road.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject property
from an "A" (Agricultural) Zone to an ~-i-D (Light Manufacturing -
Architectural Design) and M-2-D (General Manufacturing - Archi-
tectural Design) Zones. The Planning Commission recommended approw~l.
Bakersfield, California, February 4, 1981 - Page 8
City of Bakersfield located south of White Lane,
Southern Pacific Railroad Right-of-Way, between
Ashe Road.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of those certain properties in the
north of the
Gosford Road and
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield commonly known as 2004
Brundage Lane, subject to the speci-
fied condition precedent.
Dareshori
Dwelling)
The application for this amendment was made by Charlotte
Family
and would change subject property from an R-3 (Limited Multiple/
Zone to a C-1-D (Limited Commercial - Architectural Design)
Zone. The Planning Commission recommended approval.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of that certain property in the City of
Bakersfield commonly known as 2004 Brundage Lane, subject to the
specified condition precedent.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Chapter
17.12 (Zoning Map) of the Municipal
Code of the City of Bakersfield,
regarding property known as College
No. 3 Annexation.
This amendment will zone upon annexation that certain
property in the County of Kern located easterly of Valencia Drive,
between College Avenue on the north, and East Niles Street on the
south, to an R-1 (One Family Dwelling), R-1-CH (One Family Dwelling -
Church), R-2-D-CH (Limited Multiple Family Dwelling - Architectural
Design Church) and R-2-D (Limited Multiple Family Dwelling -
Architectural Design) Zones. The Planning Commission recommended
approval.
Bakersfield, California, February 4, 1981 - Page 9
Ayes:
Noes: None
Absent: None
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Chapter 17.12 (Zoning Map) of the Municipal Code of the City of
Bakersfield, regarding property known as College No. 3 Annexation.
Adoption of Resolution No. 6-81 of
the Council of the City of Bakers-
field providing for the adjustment
of Property Tax Revenues upon Local
Agency jurisdictional change resulting
from Annexation No. 283, LAFCO Pro-
ceeding No. 750 (Stockdale No. 12).
The Stockdale No. 12 Annexation cannot be finalized until[
there is a negotiated exchange of Property Tax Revenues between the
City and County. The County has agreed, by resolution, to the
exchange of Property Tax Revenues and the annexation will be com-
pleted upon the City's acceptance as provided in this resolution.
Upon a motion by Councilman Christensen, Resolution No.
6-81 of the Council of the City of Bakersfield providing for the
adjustment of Property Tax Revenues upon Local Agency jurisdictional
change resulting from Annexation No. 283, LAFCO Proceeding No. 750
(Stockdale No. 12), was adopted by the following roll call vote:
Councilmen Strong, Barton, Christensen, Means, Miller,
Payne, Ratty
Approval of Amendment to Agreement
No. 80-201 between the City of
Bakersfield and Diametrics and Quad
Consultants for Cost Revenue Study.
Diametrics and Quad Consultants are requesting the con-
tract be extended for 60 days to compensate for the lapse between
the Council's authorization of July 30th and the actual execution
date o£ the contract or October 3, 1980.
Upon a motion by Councilman Means, Amendment to Agree-
ment No. 80-201 between the City of Bakersfield and Diametrics
and Quad Consultants for Cost Revenue Study, was approved and the
Mayor was authorized to execute same.
Bakersfield, California, February 4, 1981 - Page l0
Approval of Amendment No. 3 to Agree-
ment No. 80-150 between the City of
Bakersfield, County of Kern and Gage-
Babcock & Associates, Inc., for
Professional Engineering Services
for a Fire Station Location and
Service Study.
This amendment extends the completion date to May 31,
1981 or approximately 90 days.
Upon a motion by Councilman Barton, Amendment No. 3 to
Agreement No. 80-150 between the City of Bakersfield, County of
Kern and Gage-Babcock & Associates, Inc., for Professional Engineering
Services for a Fire Station Location and Service Study, was approved
and the Mayor was authorized to execute same.
De£erral of Negative Declaration for
proposed amendments and contracts as
necessary to implement Water Agree-
ment No. 77-07 W.B. between the City
of Bakersfield and Olcese Water
District.
On November 9, 1977, the City entered into an agreement
with Olcese Water District for conjunctive use of Kern River Water.
The initial agreement was amended June 27, 1978, and it is now
proposed to include those contracts as necessary to permit other
parties to spread and recover water on the City's 2,800 acre water
spreading facility, located westerly of Renfro Road along the Kern
River to State Route I-5. Staff has completed the environmental
assessment process and has determined that no significant adverse
environmental effects will result by executing the agreements.
Mary Collup, Manager of Rosedale-Rio-Bravo Water District,
requested a two week delay in acting upon the Negative Declaration
for proposed amendments and contracts as necessary to implement
Water Agreement No. 77-07 W.B. between the City and Olcese Water
District.
Upon a motion by Councilman Miller, action on Negative
Declaration for proposed amendments and contracts as necessary to
implement Water Agreement No. 77-07 W.B. between the City of Bakers-
field and Olcese Water District, was deferred until the Council
Meeting of February ~8, 1981.
Bakersfield, California, February 4, 1981 - Page
HEARINGS
This is the time set for public hearing before the
Council for hearing report of Building Official specifying work
done, cost of work and description of property upon which Dangerous
Buildings have been demolished and hearing protests or objections
thereto.
This hearing has been duly advertised and the property
owners have been notified as required by law.
Building Director Bidwell outlined the Dangerous Building
demolition program.
Mayor Shell declared the hearing open for public partici-
pation.
Mr. John Lewis, 2416 "N" Street, owner of property at
1521 - 9th Street, objected to the $875.00 City assessment for
demolishing the structure on his property because he had this done
after receiving notification from the City and was charged $600.00.
No further protests or objections being received, Mayor
Shell closed the public portion of the hearing for Council deli-
beration and action.
Upon a motion by Councilman Christensen, in order to
clear up the matter of the Assessment on Mr. Lewis' property at
1521 - 9th Street, action on Resolution of the Council of the City
of Bakersfield confirming the Report of the Building Director Re
Assessments of certain properties in the City for demolition of
Dangerous Buildings, was held over until the Council Meeting of
February 18, 1981.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 10:10 P.M.
MAYOR of thyCity of qBakersfield,
ATTEST: /~
CITY CLERK a~d E'X/off~icio Clerk of the Council
of the City of Bikersfield, California
Calif.
ma
Bakersfield, California, February 11, 1981
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., February 11, 1981.
The meeting was called to order by Mayor Shell,
by the Pledge of Allegiance and a minute of silent prayer.
Present: Mayor Shell.
Absent: None
The City Clerk called the rol~ as
Councilmen Barton,
Miller,
follows:
followed
Christensen, Means,
Payne, Ratty, Strong
CORRESPONDENCE
Upon a motion by Councilman Miller, communication
from
the Bakersfield Art Commission, dated February 3, 1981, requesting
that funds for the construction of a vault in the Cunningham Art
Gallery be considered during budget studies, was received and
referred to the Intergovernmental Relations Committee for study
and recommendation.
Upon a motion by Councilman Payne, communication from
the Rosedale - Rio-Bravo Water Storage District, dated February 4,
1981, requesting that any determination on the Negative Declaration
regarding implementation of agreements between Olcese Water
District and the City be postponed until the Rosedale - Rio-Bravo
Water Storage District has had an opportunity to review the matter
and make comments, was received and ordered placed on file.
Upon a motion by Councilman Christensen, communication
from the American Youth Soccer Organization, dated February 9,
1981, requesting a meeting with the City's representatives re-
garding a development plan for the ~evel, finished area of the
Landfill north of Panorama Drive, was received and referred to the
Auditorium-Recreation Committee.
Mayor Shell played a record that was submitted to her
from Mike Berry entitled "Bakersfield People" by Doug Salma.
Upon a motion by Councilman Strong, communication from
Mike Berry submitting a record entitled "Bakersfield People," was
Bakersfield, California, February 11, 1981 - Page 2
potration.
contact the
is needed.
received, ordered placed on file and the Mayor was requested to
write a letter to Mr. Salma, through his representative Mr. Berry,
expressing the Council's appreciation for his efforts.
COUNCIL STATEMENTS
Upon a motion by Councilman Means, the Mayor was requested
to send a letter of commendation on behalf of the Council to Mr.
Jeff Thompson who received the "Farmer of the Year" Award from
the Jaycees.
Councilman Miller requested a report on the recent sale
of and future plans for the JLJ Apartments on Columbus Street.
City Manager Kelmar stated for the fiscal year beginning
July l, 1979 and ending June 30, 1980, the Fire Department responded
to 48 calls and the Police Department received 608 calls for
service from that location. The staff met with the new owners
and they have some very significant plans for that apartment
complex. They plan to spend a half million dollars rehabilitating
the apartments, and are trying to get rid of the undesirable element
that has been living there and as of last Friday it was 50% vacant.
As a result of the rehabilitation the rents will probably be in-
creased and a more thorough renter selection process maintained.
There has been discussion about the apartment complex being made a
senior citizen's complex since it is close to shopping and trans-
Community Development personnel have been requested to
owners and provide whatever assistance or information
Councilman Payne stated that due to pending litigation
he would not participate in the following matter.
Councilman Miller asked if there is a possibility, with
the new administration in Washington, D.C., that some of the Urban
Development Action Grants (UDAG) would be terminated.
City Manager Kelmar stated he would investigate and
report back to the Council next week.
Bakersfield, California, February ll, 1981 - Page 3
REPORTS
Councilman Means, Chairman of the Budget Review and
Finance Committee, read Report No. 2-81 regarding Additional Audit
Fees, as follows:
As the Council will recall, the annual audit
of the City's financial records for the fiscal
year ending June 30, 1980 was awarded to the
firm of Carpenter, Kuhn & Williams. However,
the audit of the Bakersfield Redevelopment
Agency for this period was awarded to the firm
of Fox & Company by the Redevelopment Agency.
Due to this situation, certain financial
reporting and audit problems arose which were
brought to the attention of this Committee by
the City's auditors. It was pointed out that
additional time would be required in meetings,
research and audit work. The auditors are
requesting an additional $1,750 and this
Committee feels this request is justified.
Therefore, we recommend payment and a transfer
from the Council Contingency Account in the
amount of $1,750.
Upon a motion by Councilman Means, Budget Review and
Finance Committee Report No. 2-81 regarding Additional Audit Fees,
was accepted; additional funds for the audit of the Redevelopment
Agency by Fox & Company, in the amount of $1,750, was approved;
and Budget Transfer from the Council Contingency Account to the
appropriate account, in the amount of $1,750, was approved.
Assistant City Manager-Personnel Russell reported that
last week the City received a report from the Department of Housing
and Urban Development (HUD), regarding recent monitoring of the
City's Community Development Block Grant Program. One of the areas
of concern, expressed by HUD, was the option to purchase a site
for the Senior Citizen's Center. HUD would like to see some action
in the next 30-45 days. Last July the Counci~ granted staff per-
mission to look into possible site locations, contingent upon
securing an agency to operate the center. Since that time staff
has been working with K.C.E.O.C. and a possible agreement has been
reached. The City Attorney is preparing a proposal, which will be
submitted to the Intergovernmental Relations Committee. Staff would
like to arrange a meeting with that committee this week or early
next week, if possible.
JRR
Bakersfield, California, February ll, 1981 - Page 4
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 4924 to 5010,
inclusive, in the amount of $177,360.38.
(b)
Claim for Damages from Peggy Douglas,
1431 East 19th Street, Bakersfield.
(Refer to City Attorney)
(¢)
Claim for Damages and Personal Injuries
from Nanette Baker, 2609 Walden Court,
Bakersfield. (Refer to City Attorney)
(d)
Map of Tract No. 4265 and Improvement
Agreement with Tenneco Realty Develop-
ment Corporation for construction of
improvements therein, located south of
Truxtun Avenue between Gosford Road and
Quailridge Drive.
(e)
Improvement Agreement for Parcel Map No.
5980 with D. M. Kitchen & Son, Inc., for
construction of improvements therein,
located on east side of Grissom Street,
north of District Boulevard.
(f)
Application for Encroachment Permit from
Regional Mortgage Company, 4000 Ming
Avenue, for construction of a 6 foot high
side yard fence along Planz Road at the
northeast corner of Parkland Court and
Planz Road.
(g)
Contract Change Order No. 3 to Contract
No. 80-145 with Charles H. Miller for
Service Door for Civic Auditorium. This
Change Order is required because actual
cost of work performed under Change Order
No. I exceeded the amount estimated, and
the work consisted of relocating an
existing 6" fire support water line and
constructing a roof drain. This Change
Order increases the total cost of the
contract to $31,401.27. The amount
approved by the Council was $31,000. The
remaining funds are available from savings
in the James Street Sewer Project, Account
No. 25-193-9994.
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f) and (g) of the Consent Calendar, were adopted by the
following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty, Strong
Noes: None
Absent: None
Bakersfield, California, February ll, 1981 - Page 5
ACTION ON BIDS
Upon a motion by Councilman Means,
Supply for 35 items,
Supply for ll items,
Supply for 33 items,
in the amount of $2,994.35,
in the amount of $2,769.88,
in the amount of $1,890.11,
low bids of Hudson
Odorite Janitor
and San Joaquin
for Janitorial
Supplies (Annual Contract), were approved, all other bids rejected
and the Mayor was authorized to execute the contracts.
DEFERRED BUSINESS
Adoption of Ordinance No. 2622 New
Series of the Council of the City of
Bakersfield repealing Chapter 1.30
of the Municipal Code of the City of
Bakersfield, relative to the City of
Bakersfield Water Board.
Councilman Ratty stated he could not support a motion to
adopt this ordinance because of the lack of interest on the part
of four Councilmen at the last Workshop Session on Water matters.
Upon a motion by Councilman Christensen, Ordinance No.
2622 New Series of the Council of the City of Bakersfield repealing
Chapter 1.30 of the Municipal Code of the City of Bakersfield,
relative to the City of Bakersfield Water Board, was adopted by
the following roll call vote:
Ayes:
Noes:
Councilmen Christensen, Means, Miller, Strong
Councilmen Barton, Payne, Ratty
Absent: None
Adoption of Ordinance No. 2623 New
Series of the Council of the City of
Bakersfield amending Section 2.04.010
of the Municipal Code by adding
Regular Workshop Meetings of the City
Council.
Upon a motion by Councilman Strong, Ordinance No. 2623
New Series of the Council of the City of Bakersfield amending
Section 2.04.010 of the Municipal Code by adding Regular Workshop
Meetings of the City Council, was adopted by the following roll
call vote:
Ayes: Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty, Strong
Noes: None
Absent: None
Bakersfield, California, February 11, 1981 - Page 6
Adoption of Ordinance No. 2624 New
Series amending Title Seventeen o£
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of those certain properties
in the City of Bakersfield commonly
known as 1913 and 1917 Wilson Road.
This application for this amendment was made by Leo J.
Wilson 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 with the application
of the "D" Design Overlay.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2624 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of those certain properties in the City of Bakersfield
commonly known as 1913 and 1917 Wilson Road, finding said zoning
consistent with the General Plan, were adopted by the following
roll call vote:
Ayes:
Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty, Strong
Noes: None
Absent: None
Adoption of Ordinance No. 2625 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of those certain properties
in the City of Bakersfield located
south of White Lane, north of the
Southern Pacific Railroad Right-of-
Way, between Gosford Road and Ashe
Road.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject property
from an "A" (Agricultural) Zone to an M-1-D (Light Manufacturing -
Architectural Design) and M-2-D (General Manufacturing - Archi-
tectural Design) Zones.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2625 New Series amending Title Seventeen of the
Bakersfield, California, February 11, 1981 - Page ?
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of those certain properties in the City of Bakersfield located
south of White Lane, north of the Southern Pacific Railroad Right-
of-Way, between Gosford Road and Ashe Road, finding said zonings
consistent with the General Plan, were adopted by the following
roll call vote:
Ayes: Councilmen Barton,
Ratty,
Noes: None
Christensen, Means,
Strong
Miller, Payne,
Absent: None
Adoption of Ordinance No. 2626 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield commonly
known as 2004 Brundage Lane, subject
to the specified condition precedent.
The application for this amendment was made by Charlotte
Dareshori and would change subject property from an R-3 (Limited
Multiple Family Dwelling) Zone to a C-1-D (Limited Commercial -
Architectural Design) Zone.
Upon a motion by Councilman Payne, Negative Declaration
and Ordinance No. 2626 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield commonly
known as 2004 Brundage Lane, subject to the specified condition
precedent, finding said zoning consistent with the General Plan,
were adopted by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty, Strong
Noes: None
Absent: None
Adoption of Ordinance No. 2627 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Chapter 17.12 (Zoning Map) of the
Municipal Code of the City of Bakers-
field, regarding property known as
College No. 3 Annexation.
Bakersfield, California, February 11, 1981 - Page 8
This ordinance zones upon annexation that certain
property in the County of Kern located easterly of Valencia Drive,
between College Avenue on the north and East Niles Street on the
south, to an R-1 (One Family Dwelling), R-1-CH (One Family Dwelling -
Church), R-2-D-CH (Limited Multiple Family Dwelling - Architectural
Design - Church) and R-2-D (Limited Multiple Family Dwelling -
Architectural Design) Zon~s~
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2627 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Chapter 17.12 (Zoning
Map) of the Municipal Code of the City of Bakersfield, regarding
property known.as College No. 3 Annexation, finding said zonings
consistent with the General Plan, were adopted by the following
roll call vote:
Ayes:
Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty, Strong
Noes: None
Absent: None
NEW BUSINESS
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of those
certain properties in the City of
Bakersfield commonly known as 918
through 1012 Brundage Lane (even
only).
The application for this amendment was made by Stanley
A. Sundquist and would change subject property from an R-3 (Limited
Multiple Family Dwelling) Zone to a C-2 (Commercial), or more
restrictive Zone. The Planning Commission recommended approval
of this amendment
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of those certain properties in the
City of Bakersfield commonly known as 918 through 1012 Brundage
Lane (even only).
Bakersfield, California, February ll, 1981 - Page 9
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 o£ Title
17 of the Municipal Code changing
the Land Use Zoning of that certain
property in the City of Bakersfield
commonly known as 6800 Stockdale
Highway; and making findings in
connection with a P.U.D. Zone.
The application for this amendment was made by Phil
Van Horn and would change subject property from an R-1 (One Family
Dwelling) Zone to a P.U.D. (Planned Unit Development) Zone, and
the Planning Commission recommended approval at their meeting of
January 22, 1981.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Title 17 of the Municipal Code changing the Land Use Zoning of
that certain property in the City of Bakersfield commonly known
as 6800 Stockdale Highway; and making findings in connection with
a P.U.D. Zone.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.12.020 of Title
17 of the Municipal Code changing the
Land Use Zoning of those certain
properties located on the southeast
corner of Planz Road and Stine Road;
approving the Preliminary Development
Plan and making findings in connection
with P.C.D. Zone.
The application for this amendment was made by. Carver
Development and would change subject properties from an "A"
(Agricultural) Zone to a P.C.D. (Planned Commercial Development)
Zone and the Planning Commission recommended approval at their
meeting of January 22, 1981.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 17.12.020 of
Title 17 of the Municipal Code changing the Land Use Zoning of
those certain properties located on the southeast corner of Planz
Road and Stine Road; approving the Preliminary Development Plan
and making findings in connection with P.C.D. Zone.
Bakersfield, California, February ll, 1981 - Page l0
Adoption of Resolution No. 7-81 of
the Council of the City of Bakers-
field submitting an application to
the State of California, Department
of Health, for Permit to operate two
additional wells in the Ashe Water
System.
Well No. 10 was recently purchased from Tenneco and is
located on Gosford Road south of Ming Avenue. Well No. 11 is
under construction and is located on Westwold Drive. This permit
is a State Department of Health requirement in order to insure the
quality of domestic water.
Upon a motion by Councilman Payne, Resolution No. 7-81
of the Council of the City of Bakersfield submitting an application
to the State of California, Department of Health, for Permit to
operate two additional wells in the Ashe Water System, was adopted
by the following roll call vote:
Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty, Strong
Approval of Second Amendment of Pipe
Line License Agreement between the
City of Bakersfield and Tosco
Corporation for a relocated Tosco
pipe line.
This agreement, to be executed by the City as successor
to properties acquired from Tenneco West, Inc., conforms the
license agreement previously executed by Tenneco to the route of a
relocated Tosco pipe line.
Upon a motion by Councilman Payne, Second Amendment of
Pipe Line License Agreement between the City of Bakersfield and
Tosco Corporation for a relocated Tosco pipe line, was approved
and the Mayor was authorized to execute same.
HEARINGS
This is the time set for public hearing before the
Council on an Appeal by Ken Lifquist to the decision of the Board
of Zoning Adjustment granting an application for a Conditional Use
Ayes:
Noes: None
Absent: None
Bakersfield, California, February ll, 1981 - Page
195
Permit to Howard W. Peterson to allow an expansion of an existing
recreational facility; the expansion consisting of a batting
practice range with 20 positions, an outdoor skating area, and a
6,200 square foot building containing game room and club house in
a C-2 (Commercial) Zone, affecting that certain property located
at 2100 White Lane.
owners
pation.
This hearing has been duly advertised and the property
have been notified as required by law.
Mayor Shell declared the hearing open £or public partici-
Mr. Ken Lifquist, Elmer Karpe Associates, stated they
have reached an agreement with Mr. Peterson and read the following
letter into the record:
February 11, 1981
City Council
City of Bakersfield
1501Truxtun Avenue
Bakersfield, California 93301
Re: Modification of Batting Cage
Gentlemen:
The modification of the batting cage which meets
with approval of owners of Tract 4192 and 4193
are as follows:
That the chain link fence that is presently 20'
in height along the south property line of
this Tract be reduced to 12' in height, and
that it be moved 10' south of the property line;
that the 10' area between the batting cage and
the property line be landscaped with trees to
shield that improvement from the zero lot line
single family residences in Tracts 4192 and
4193.
Also, the net in the batting cage be installed
along the chain link fence with enough distance
to keep the balls that are batted from hitting
the chain link fence.
Also, that the block wall required along the
skating area be 6' high and be installed along
the property line and be on grade with Tract
4192 and that the chain link fence be built
below grade of Tract 4192 at a level of about
2' to 3' below grade of Tracts 4192 and 4193.
Sincerely,
KAi{PE ASSOCIATES, REALTORS
Ken Lifquist.
Bakersfield, California, February ll, 1981 - Page 12
City Attorney Oberholzer stated the Board of Zoning
Adjustment in approving the Conditional Use Permit included a
condition that; the Planning staff through the Board of Zoning
Adjustment would have the right to review the noise level generated
by people using the batting range, skating area and club house
facilities. If at some time they become a problem the Board of
Zoning Adjustment will be able to take appropriate action.
Mr. Howard W. Peterson stated they have resolved the
problems and he agrees with the conditions.
No protests or objections being received and no one
wishing to speak in favor, Mayor Shell closed the public portion
of the hearing for Council deliberation and action.
Upon a motion by Councilman Barton, Zoning Resolution No.
280 granting a Conditional Use Permit to allow an expansion of an
existing recreational facility; the expansion consisting of a
batting practice range with 20 positions, an outdoor skating area,
and a 6,200 square foot building containing game room and club
house on that certain property located at 2100 White Lane, with
conditions as stipulated by the Board of Zoning Adjustment and
Karpe Associates, Realtors, was adopted by the following roll call
vote:
Ayes: Councilmen Barton, Christensen, Means, Miller, Payne,
Ratty, Strong
Noes: None
Absent: None
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 8:45 P.M.
MAYOR of the/City of ~B~k~rsfield, Calif.
CITY CLERK and Ex of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, February 18, 1981
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., February 18, 1981.
The meeting was called to order by Mayor Shell,
by the Pledge of Allegiance and a minute of silent prayer.
Present:
followed
The City Clerk called the roll as follows:
Mayor Shell. Councilmen Christensen, Means, Miller,
Payne, Ratty, Strong, Barton
dated January 31, 1981,
for industrial use of
South Chester Avenue,
was received and referred to the Planning Commission for study and
recommendation.
COUNCIL STATEMENTS
Mayor Shell stated she has appointed Dr. Richard Bilas,
4200 Boise Street, #1A, to the Redevelopment Agency, replacing
Robert E. King, and requested Council confirmation of the appoint-
ment.
Valley Steel Construction, 3304 Pierce Road,
requesting an amendment to the General Plan
property located on South Union Avenue near
Absent: None
Minutes of the regular meetings of February 4, 1981 and
February ll, 1981, were approved as presented.
CORRESPONDENCE
Upon a motion by Councilman Payne, communication from
Lawrence E. Guay, dated February 10, 1981, regarding Preliminary
Feasibility Study, Parking Assessment District, Downtown Bakers-
field, was received and referred to the Business Development and
Parking Committee.
Upon a motion by Councilman Christensen, communication
from Zanotto Trading, Inc., 2920 "H" Street, Suite Z, dated
February 14, 1981, regarding downtown parking, traffic and shopping
mall, was received and referred to the Business Development and
Parking Committee.
Upon a motion by Councilman Barton, communication from
Bakersfield, California, February 18, 1981 - Page 2
In answer to a question by Councilman Miller, City
Attorney Oberholzer stated the California Redevelopment Law pro-
vides that appointments to Redevelopment Agencys are made by the
Mayor with confirmation by the legislative body.
Councilman Ratty made a motion to confirm Mayor Shell's
appointment of Dr. Richard Bilas to the Redevelopment Agency.
Councilman Means stated he is not against the appoint-
ment, but would like a two weeks delay in order to discuss the
direction the Redevelopment Agency would like to go.
Councilman Strong stated he supports the appointment of
Dr. Bilas, however, he felt it is only a courtesy to postpone the
confirmation at least one week to allow the Council time to inter-
view the appointee if they so desire.
Councilman Ratty made a motion to call for the question.
This motion failed to carry by the following roll call vote:
Ayes: Councilman Ratty
Noes: Councilmen Christensen, Means, Miller, Payne, Strong,
Barton
Absent: None
Councilman Christensen stated he was only requesting a
one week delay because there are a few questions he would like to
ask the appointee. Councilman Christensen asked the Mayor if there
was an urgency in confirming this appointment.
Mayor Shell stated there is no real urgency in confirmin~
this appointment, however, the Redevelopment Agency has a meeting
next week.
Councilman Ratty withdrew his motion.
Councilman Miller stated he can see no reason to delay
this appointment and made a motion that the Mayor's appointment of
Dr. Richard Bilas, 4200 Boise Street, #1A, to the Redevelopment
Agency, term expiring February 1, 1985, be confirmed.
Councilman Strong stated he would support the appointment
of Dr. Bilas, but objected to the fact that notification was not
Bakersfield, California, February 18, 1981 - Page 3
199
given prior to tonight's meeting. In a case where there are no
objections, by any member of the Council, this kind of appointment
can be made. However, in every case where prior notification has
not been given and a Councilman would like a delay for one week,
it should be granted. Councilman Strong stated, for the record,
he is very much in favor of appointments being announced one week
and voted on the following meeting, especially if no urgency is
involved.
After a lengthy discussion, Councilman Miller's motion
that the Mayor's appointment of Dr. Richard Bilas, 4200 Boise
Street, #1A, to the Redevelopment Agency, term expiring February
l, 1985, be confirmed, carried by the following roll call vote:
Ayes: Councilmen Miller, Payne, Ratty, Strong, Barton
Noes: Councilmen Christensen, Means
Absent: None
Councilman Christensen, in clarifying his negative vote,
requested that the record show that if the vote was being taken
next week he is almost positive the answer would be an emphatic
"Yes," but having to vote tonight the answer is an emphatic "No,"
because the Mayor assured the Council there is no urgency in this
matter.
Councilman Barton announced that the Business Development
and Parking Committee will have an open public meeting at 12 Noon
on Monday, February 23, 1981, in the Caucus Room of City Hall.
REPORTS
Councilman Means, Chairman of the Budget Review and
Finance Committee, read Report No. 3-81 regarding Motor Vehicle
Lease, as follows:
At the Council Meeting of December 17, 1980,
the City Council referred to the Budget Review
and Finance Committee the matter of the pro-
posed lease of a 1927 American LaFrance fire
truck to the Bakersfield Firemen's Association.
The fire truck is no longer in service to the
City of Bakersfield. It is the intent of the
200
Bakersfield, California, February 18, 1981 - Page 4
Firemen's Association to use the fire truck in
connection with the Association's participation
in "muster" competition.
This committee considered and addressed certain
concerns of staff as pointed out in the February
4, 1981 memorandum from the Assistant City
Attorney to the City Manager. Items discussed
included protection to be afforded to the City
of Bakersfield by the Firemen's Association for
such areas as workers' compensation, genera2
liabi2ity, and property damage.
All of the concerns have been provided for in
the attached proposed agreement and therefore,
we recommend that the City Council approve the
lease agreement between the City of Bakersfield
and the Bakersfield Firemen's Association and
authorize the Mayor to execute same.
Upon a motion by Councilman Means, Budget Review and
Finance Committee Report No. 3-81 regarding Motor Vehicle Lease,
was accepted; and Lease Agreement between the City of Bakersfield
and the Bakersfield Firemen's Association, was approved and the
Mayor was authorized to execute same.
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 1-81 regarding California
Parklands Act of 1980, as follows:
In November, 1980, Proposition 1 was passed
creating the California Parklands Act of 1980.
The Act authorized the State of California to
issue $285 million of bonds to provide funds
for the acquisition, development or restora-
tion of state and local parks, beaches, histori-
cal resources and recreational facilities.
Pursuant to the requirements of the Act, at
the Council Meeting of December 17, 1980 the
City Council moved to appoint Frank Fabbri,
Park Superintendent, as the City's representa-
tive for the State Bond Act.
As pointed out in the attached February ll,
1981 memorandum from Frank Fabbri to this
committee, Kern County's share of available
funds from the Bond Act will be $1,359,729.
As required by the Bond Act, the representatives
of the cities and affected districts within
the County of Kern met to determine a method
of allocation of the funds available. The
recommended allocation method resulting from
the meetings between the cities and districts
were also furnished to this committee with the
referred to memorandum. Additionally, it is
necessary that at least 50% of the cities and
districts must agree on the proposed method of
Bakersfield, California, February 18, 1981 - Page 5
20'1
allocation. Under the proposed plan o£ allo-
cation, the City of Bakersfield will receive
$360,459.
Therefore, this committee recommends that the
City Council adopt the attached resolution
recommending the approval of the proposed
allocation plan of expenditures for Kern County.
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 1-81 regarding California Parklands
Act of 1980; was accepted.
Adoption of Resolution No. 8-81 of
the Council of the City of Bakers-
field approving the Priority Plan
for expenditure for Kern County
under the California Parkland Act
of 1980.
Upon a motion by Councilman Christensen, Resolution No.
8-81 of the Council of the City of Bakers£ield approving the Priority
Plan for expenditure for Kern County under the California Parkland
Act of 1980, was adopted by the following roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Councilman Christensen, Chairman of the Auditorium-
Recreation Committee, read Report No. 2-81 regarding State Park
Funds Application, as follows:
In 1976 the State approved SB174 or the Urban
Open Space and Recreation Program. The Program
provides funds to cities, counties and recrea-
tion districts for acquiring lands and for
developing facilities within urban areas to
meet urban recreation needs. Population density,
income, and unemployment must be considered in
selecting the projects. The Program is designed
whereby the State provides 75% and the City 25%
of the total cost.
Since the Program began, over the last five
years the City of Bakersfield has applied for
and received funds. The City's allocation for
the 1980-81 fiscal year is $22,901. The staff
intends to present the proposed projects as
part of the Capital Improvement Program in June.
However, since it is necessary that the City
enter into an agreement with the State prior
to June 30, it is necessary for the City to
submit an application as soon as possible in
order to meet this requirement.
Bakersfield, California, February 18, 1981 - Page 6
Therefore, this committee recommends the City
Council authorize the City's share of these
improvements, in the amount of $7,634, be
included in the 1981-82 Capital Improvement
Budget. Further, this committee recommends
the City Council authorize the staff to apply
for the State Park Funds and approve the
attached resolution.
Upon a motion by Councilman Christensen, Auditorium-
Recreation Committee Report No. 2-81 regarding State Park Funds
Application, was accepted; and authorization was granted to
include the City's share of the improvements, in the amount of
$7,634, in the 1981-82 Capital Improvement Budget.
Adoption of Resolution No. 9-81 of
the Council of the City of Bakers-
field approving the Block Grant
Application for Grant Funds under
the Urban Open-Space and Recreation
Program for improvements at Jefferson,
Wayside and Planz Parks.
Upon a motion by Councilman Christensen, Resolution No.
9-81 of the Council of the City of Bakersfield approving the Block
Grant Application for Grant Funds under the Urban Open-Space and
Recreation Program for improvements at Jefferson, Wayside and Planz
Parks, was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 5011 to 5135,
inclusive, in the amount of $548,005.25.
(b)
Claim for Damages from Automobile Club of
Southern California on behalf of W. D. &
Mary F. Harrison, 138 Spruce Street,
Bakersfield. (Refer to City Attorney)
(c)
Claim for Damages from Rory Ober, 2500
Jewetta Avenue, #72, Bakersfiled. (Refer
to City Attorney)
(d)
Claim for Damages from Mosesian Foods,
now known as Southern San Joaquin Foods,
1430 Truxtun Avenue, Suite 600, Bakers-
field. (Refer to City Attorney)
Bakersfield, California, February 18, 1981 - Page 7
(e)
Claim for Damages from John Boutwell, 528
Walnut Drive, Bakersfield. (Refer to City
Attorney)
(f)
Storm Drain Easement from Tenneco Realty
Development Corporation, providing an
easement for storm drain purposes in
Parcel Map No. 5715, located west of
California Avenue between Lennox Avenue
and Mohawk Street.
(g)
Grant Deed from Tenneco Realty Develop-
ment Corporation providing for a drainage
retention basin located east of Gosford
Road, south of South Laurelglen Boulevard.
(h)
Map of Tract No. 4355 with Klassen
Corporation, located at the southeast
corner of North Half Moon Drive and
Barrington Street.
(i) Notices of Completion and Acceptance of
Work for:
Auburn Street Storm Drain, Contract No.
80-188 with Gamcon.
Tract No. 4114, Contract No. 80-165 with
Tenneco Realty Development Corporation,
located at LaMirada Drive and Durham
Avenue.
(J)
Joint Participation Agreement between the
City and M.T.L. Development Company and
4226 Limited, a Joint Venture, providing
for construction of a sewer main from
Panama Lane & South "H" Street to a point
in Fairview Road, approximately 1,300'
east of South "H" Street, and to recover
a portion of the construction cost by
setting a fee for connecting into the
line.
Upon a motion by Councilman Miller, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i) and (j) of the Consent Calendar, were
adopted by the following roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Miller, low bid of Granite
Construction Company, in the amount of $33,442, for improvements
on Auburn Street between Piper Way and Fairfax Road, was approved,
all other bids rejected and the Mayor was authorized to execute
the contract.
Bakersfield, California, February 18, 1981 - Page 8
Upon a motion by Councilman Miller, low bid of Pipeline
Products, in the amount of $6,494.62, for A.C.P. (Asbestos Cement
Pipe) for Storm Drains, was accepted and all other bids rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 2628 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of those certain properties
in the City of Bakersfield commonly
known as 918 through 1012 Brundage
Lane (even only).
The application for this amendment was made by Stanley
Sundquist and would change subject property from an R-3 (Limited
Multiple Family Dwelling) Zone to a C-2 (Commercial) Zone.
Upon a motion by Councilman Strong, Negative Declaration
and Ordinance No. 2628 New Series amending Title Seventeen of the
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of those certain properties in the City of Bakersfiled
commonly known as 918 through 1012 Brundage Lane (even only), finding
said zoning consistent with the General Plan, were adopted by the
following roll call vote:
Ayes:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Adoption of Ordinance No. 2629 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of that
certain property in the City of
Bakersfield commonly known as 6800
Stockdale Highway; and making findings
in connection with a P.U.D. Zone.
The application for this amendment was made by Phil
Van Horn and would change subject property from an R-1 (One Family
Dwelling) Zone to a P.U.D. (Planned Unit Development) Zone.
Upon a motion by Councilman Ratty, Negative Declaration
and Ordinance No. 2629 New Series of the Council of the City of
Bakers£ield, California, February 18, 1981 - Page 9
205
Ayes:
Noes: None
Absent: None
Bakersfield amending Section 17.12.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of that certain property in the
City of Bakersfield commonly known as 6800 Stockdale Highway; and
making findings in connection with a P.U.D. Zone, finding said
zoning consistent with the General Plan, were adopted by the
following roll call vote:
Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Adoption of Ordinance No. 2630 New
Series of the Council of the City of
Bakersfield amending Section 17.12.020
of Title 17 of the Municipal Code
changing the Land Use Zoning of those
certain properties located on the
southeast corner of Planz Road and
Stine Road; approving the Preliminary
Development Plan and making findings
in connection with P.C.D. Zone.
The application for this amendment was made by Carver
Development and would change subject properties from an "A"
(Agricultural)
Zone.
Upon
Zone to a P.C.D. (Planned Commercial Development)
a motion by Councilman Barton, Negative Declaration
and Ordinance No. 2630 New Series of the Council of the City of
Bakersfield amending Section 17.12.020 of Title 17 of the Municipal
Code changing the Land Use Zoning of those certain properties
located on the southeast corner of Planz Road and Stine Road;
approving the Preliminary Development Plan and making findings in
connection with P.C.D. Zone, finding said zoning consistent with
the General Plan, were adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means,
Strong, Barton
Noes: None
Absent: None
Miller, Payne, Ratty,
206
Bakersfield, California, February 18, 1981 - Page 10
De£erral of Negative Declaration for
proposed amendments and contracts, as
necessary, to implement Water Agree-
ment No. 77-07 W.B. between the City
and Olcese Water District.
On November 9, 1977, the City entered into an agreement
with Olcese Water District for conjunctive use of Kern River Water.
The initial agreement was amended June 27, 1978, and it is now
proposed to include those contracts, as necessary, to permit other
parties to spread and recover water on the City's 2,800 acre water
spreading facility, located westerly of Renfro Road along the Kern
River to State Route I-5. Staff has compIeted the environmental
assessment process and determined that no significant adverse
environmental effects will result by executing the agreements.
Action on this item was deferred from the Council Meeting
o£ February 4, 1981, at the request of Mary Collup, Manager of
Rosedale - Rio-Bravo Water Storage District.
A letter has been received from Rosedale - Rio-Bravo
Water Storage District, dated February 17, 1981, expressing their
disagreement with the staf£'s position that implementation of the
subject agreements will have no effect on the environment and
requested that the Negative Declaration not be adopted at this time.
Upon a motion by Councilman Barton, letter from Rosedale
Rio-Bravo Water Storage District, was received and referred to staff
for review and comment; time for submission of comments on the
Negative Declaration, were closed; and action on the Negative
Declaration for proposed amendments and contracts, as necessary,
to implement Water Agreement No. 77-07 W.B. between the City and
Olcese Water District,
March 4, 1981.
was deferred until the Council Meeting of
NEW BUSINESS
Adoption of Resolution No. 10-81 of
the Council of the City of Bakers-
field endorsing KERNCOG's Application
for the U.S. Department of Trans-
portation's New Comprehensive TSM
Management Assistance Program.
Bakersfield, California, February 18, 1981 - Page ll
207
The Kern County Council of Governments is considering an
application for funds from the U. S. Department of Transportation
for evaluation studies and installation of a central computerized
traffic signal system for the Bakersfield Metropolitan Area. The
system will syncronize signals along various streets to minimize
stops at traffic signal intersections.
Upon a motion by Councilman Means, Resolution No. 10-81
of the Council of the City of Bakersfield endorsing KERNCOG's
Application for the U.S. Department of Transportation's New
Comprehensive TSM Management Assistance Program, was adopted by
the following roll call vote:
Miller, Payne, Ratty,
Councilmen Christensen, Means,
Strong, Barton
Ayes:
Noes:
Absent:
None
None
Approval of Addendum to Agreement No.
79-70 with Book Publishing Company
for preparation and printing of
Revised Municipal Code.
This addendum provides for a four percent (4%) increase
in the per page rate, from $25.00 to $26.00 per page, for preparation
and printing of revised Municipal Code. This adjustment is consistent
with the terms of the original agreement.
In addition to the increased cost per page, Book Publishing
Company has verbally notified the City that they underestimated the
number of pages in the new code by approximately fifty percent (50%).
Since the contract was entered on a per-page cost, there will be
approximately a $10,000 cost increase. This additional amount
will appear in the next fiscal year budget.
Upon a motion by Councilman Ratty, Addendum to Agreement
No. 79-70 with Book Publishing Company for preparation and printing
of Revised Municipal Code, was approved and the Mayor was authorized
to execute same.
Bakersfield, California, February 18, 1981 - Page
Approval of Memorandum of Intent to
enter into Subcontract with the
Housing Authority of Kern County to
assist in the Section 8 Moderate
Rehabilitation Program.
As part of the Community Development Block Grant Housing
Assistance Plan, the City will assist the Housing Authority in
implementing a Section 8 Moderate Rehab Program. This memorandum
is a preliminary step necessary for the submission of an application
to HUD by the Housing Authority for units under this program. If
approved, a contract for rehabilitation inspection services by
Community Development personnel will be submitted to Council at a
later date.
Upon a motion by Councilman Payne, Memorandum of Intent
to enter into Subcontract with the Housing Authority of Kern
County to assist in the Section 8 Moderate Rehabilitation Program,
was approved and the Mayor was authorized to execute same.
Approval of Agreement with the Kern
County Housing Authority to relocate
one existing sewerline located at
the Plaza Towers on Wilson Road.
The Housing Authority is propo~ngan 82-unit addition
to the elderly housing development at the Plaza Towers which
would require that the existing City-owned sewerline be relocated
on the property. The project was part of the 1980-81 Community
Development Block Grant Program. Housing Authority estimates this
activity at $50,000, which is within the amount budgeted for the
project.
Upon a motion by Councilman Payne, Agreement with the
Kern County Housing Authority to relocate one existing sewerline
located at the Plaza Towers on Wilson Road, was approved and the
Mayor was autorized to execute same.
Communication from Downtown Business
Association regarding UDAG funds for
Downtown Shopping Mall.
Mr. Skip Witham, President of the Downtown Business
Association, presented a letter to the Council stating they will
Bakersfield, California, February 18, 1981 - Page 13
209
terminate their commitment to the Downtown Shopping Mall, if the
UDAG funds are rejected for a third time.
Upon a motion by Councilman Miller, communication from
the Downtown Business Association, dated February 17, 1981, stating
they will terminate their commitment to the Downtown Shopping Mall,
if the UDAG funds are rejected for a third time, was received and
ordered placed on file.
HEARINGS
This is the time set for continued public hearing before
the Council for hearing report of Building Official specifying
work done, cost of work and description of property upon which
Dangerous Buildings have been demolished and hearing protests or
objections thereto.
The public portion of this hearing was closed at the
Council Meeting of February 4, 1981. Action on the resolution
confirming the report of the Building Director regarding Assess-
ments of certain properties in the City for demolition of Dangerous
Buildings was held over until tonight in order to clear up the
matter of the assessment on property owned by Mr. John Lewis located
at 1521 - 9th Street.
Building Director Bidwell stated since the last meeting
he met with Mr. Lewis and in checking the facts it was found that
a portion of the structure had been demolished and paid for. The
City's contract cost was $850.00 and it is proposed that this be
split and the assessment on that parcel be amended to $425.00.
Upon a motion by Councilman Christensen, Resolution No.
11-81 of the Council of the City of Bakersfield confirming the
report of the Building Director Re Assessments of certain properties
in the City of Bakersfield of Dangerous Buildings, with the pro-
vision that the assessment on property located at 1521 9th Street
be amended to $425.00, was adopted by the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Bakersfield, California, February 18, 1981 - Page 14
Drive
field.
This is the time set for public hearing before the
Council on Resolution of Intention No. 948 of the Council of the
City of Bakersfield, declaring its intention to order the vacation
of a portion of a 30 foot Alley in Tract 3915 between Auburn Oaks
and Auburn Street east of Fairfax, in the City of Bakers-
This hearing has been duly posted.
Mayor Shell declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Miller, Resolution No. 12-81
of the Council of the City of Bakersfield ordering the vacation of
a 30 foot Alley in Tract 3915 between Auburn Oaks Drive and Auburn
Street east of Fairfax, in the City of Bakers£ield, was adopted by
the following roll call vote:
Ayes: Councilmen Christensen, Means, Miller, Payne, Ratty,
Strong, Barton
Noes: None
Absent: None
Councilman Strong commented on a letter that was received
from the Department of Housing and Urban Development, outlining
some issues that demand the Council's attention.
Councilman Strong made a motion to refer the letter from
HUD, dated January 30, 1981, regarding Monitoring of Community
Development Block Grant Program No. B-80-MC-06-0510, to the Budget
Review and Finance Committee for further study and recommendation
back to the Council.
Councilman Strong also stated that in the schedule of
recommendations there is a disturbing statement that, unless a
site is obtained or purchased by March, 1981, the City will be
required to reprogram the $400,000 to another eligible activity.
Councilman Strong asked if the Intergovernmental Relations Committee
Bakersfield, California, February 18, 1981 - Page 15
211
is directing the sta£f to move forward on that project or if they
are hoping the time limit passes whereby the funds will have to be
used for something else.
Councilman Ratty stated the Intergovernmental Relations
Committee is trying to accomplish this in that time frame. The
staff and committee have a number of concerns regarding the liability
of running that center. The committee is aware o~ the time frame
and the urgency, but will not commit the Council, where down the
road they will have to be in the business of running a center for
senior citizens. The committee agreed 100% that this is being
pursued in a proper and expeditious manner.
Assistant City Manager-Personnel Russell stated the last
30-45 days to purchase,
and outlined what has
word that was received is that the City has
or have an option to purchase, the property
been done to meet this deadline.
Councilman Strong requested that each Councilman be
£urnished a copy of the letter from BUD, extending the time
Council,
adjourned at 9:20 P.M.
Councilman Strong withdrew his motion.
ADJOURNMENT
There being no further business to come before the
upon a motion by Councilman Christensen,
frame.
the meeting was
~{AYOR of ~/~ -~ .
tCity of Bakersfield, Calif
ATTEST:
PHILIP KELMAR
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
/ ASSISTANT CITY CLERK
ma
Bakersfield, California, February 25, 1981
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., February 25, 1981.
The meeting was called to order by Mayor Shell,
by the Pledge of Allegiance and a minute of silent prayer.
Present:
Absent:
fo21owed
The City Clerk called the roll as follows:
Mayor Shell. Councilmen Means, Miller, Payne, Ratty,
Strong, Barton, Christensen
None
SCHEDULED PUBLIC STATEMENTS
Mr. Robert Elliott, General Manager of the Kern County
Public Employees Association, SEIU Local 700, AFL-CIO, requested
that the Council grant each City employee volunteering to partici-
pate in the Valley Fever Vaccine Project one hour off work per day,
plus travel time, for a maximum of three testing procedures.
City Attorney Oberholzer advised the Council of a
potential problem with the City's liability for Workers' Compen-
sation if any injuries or illness consequently result from this
program. Staff recommends that the employees be granted Authorize,~
Leave Without Pay if they want to participate in the program during
working hours.
Mr. Elliott stated he has a strong feeling if the City
employees are not allowed to do this on City time the participation
will be practically nill.
Councilman Miller asked, since numerous City and County
employees will be participating in the program, if it would be
possible to locate the facility in City Hall or the County Adminis--
tration Building to eliminate travel time.
Martha Fallgatter, Campaign Recruiter for the Valley
Fever Vaccine Project, stated relocating the program to a City or
County building would not be a problem.
Dr. Charles Holeman outlined the studies that have been
completed on this vaccine and assured the Council the safety aspect
Bakersfield, California, February 25, 1981 - Page 2
has been well studied. The Food and Drug Administration has said
the vaccine is safe, however, they require that every new biological
vaccine or drug must be proven effective in man.
After a lengthy discussion, Councilman Barton made a
motion that the City Council encourage participation in the Valley
Fever Vaccine Project, by everyone in the community, and employees
contact their Department Heads for consideration of Community
Service Leave in order to participate in the program. This motion
was unanimously approved.
CORRESPONDENCE
Upon a motion by Councilman Payne, communication from
Tenneco Realty Development Corporation, dated February 24, 1981,
requesting abandonment of a portion of Business Park North, was
received and referred to the Planning Commission for study and
recommendation.
COUNCIL STATEMENTS
Councilman Miller expressed his opposition to the Charter
Amendment appearing on the March 3, 1981, ballot as Measure "I" and
encouraged voters to vote against the measure.
Councilman Payne also expressed his opposition to Measure
"I" and requested that voters study it carefully before voting.
Councilman Payne stated that at next week's Council
Meeting he intends to appoint Cruz Carrizales and Mary Ruth Grider
to the Charter Review and Advisory Commission.
Councilman Christensen expressed his regrets that a strong
move is being made to defeat Measure "I" and made a motion to dis-
band the Charter Review and Advisory Commission. After discussion
this motion was withdrawn.
REPORTS
Councilman Christensen, Chairman o£ the Auditorium-
Recreation Committee, read Report No. 3-81 regarding Computerized
Marquee for Civic Auditorium, as follows:
Bakersfield, California, February 25, 1981 - Page 3
Mr. Rod Wilson of American Sign & Indicator
presented a proposal to this Committee to erect
a computerized marquee at the Civic Auditorium.
The concept behind his presentation is to have
the sign purchased and maintained with funds
donated by interested parties in the community.
The initial cost of the sign is approximately
$80,000. Mr. Wilson informed this Committee he
has canvassed the Bakersfield area and has
received two firm commitments and a third party
interested in the concept of donating and main-
taining the sign.
This Committee feels the concept presented by
Mr. Wilson has merit, however, the Committee
feels it is important to make certain that any
and ~ll parties interested in participating in
this program must have the opportunity. There-
fore, this Committee recommends that the City
~ouncil authorize the Finance Department to
~ake appropriate announcements and place
appropriate advertisement soliciting partici-
pation b.~ interested parties.
pon a Motion by Councilman Christensen, Auditorium-
Recreation ~ommittee Report No. 3-81 regarding Computerized Marquee
for Civic Auditorium, was accepted; and the Finance Department was
authorized to make appropriate announcements and place advertise-
merits soliciting participation by interested parties.
Director of Public Works Hawley presented a report,
dated February 19, 1981, regarding Street Light Conversion Projects,
as follows:
The Energy Conservation Assistance Act of 1979
authorizes the California Energy Commission to
loan $8 million in State funds to local govern-
ments for street light conversion projects.
These energy conservation funds became available
for use January l, 1981.
Street light conversions involve the replace-
ment of older street lights with lamps that
operate more efficiently (that is, they require
less watts of electricity to produce the same
amount of light).
The staff has evaluated our City-owned street
lights and it appears that many of the lights
could be converted and the savings in energy
cost would be sufficient to pay for the initial
conversion cost.
It is, therefore, recommended that this item
be referred to the Council Energy Committee for
further study and recommendation.
Bakersfield, California, February 25, 1981 - Page 4
215
Upon a motion by Councilman Means, report from the
Director of Public Works regarding Street Light Conversion Projects,
was accepted; and the matter was referred to the Energy Committee
for study and recommendation.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 5136 to 5312,
inclusive, in the amount of $380,419.75.
(b)
Claim for Damages from Fred Patricio, 212
Louella Street, Bakersfield. (Refer to
City Attorney)
(c)
Claim for Damages from Michael R. Kelly,
3813 Barbara Street, Bakersfield. (Refer
to City Attorney)
(d)
Road Easement from Tenneco Realty Develop-
ment Corporation providing additional
right-of-way required for widening the
Ming Avenue-Gosford Road intersection.
(e) Notices of Completion and Acceptance of
Work for:
Sanitary Sewer - South Wing Addition to
City Hall, Contract No. 81-26 with Gamcon.
Parcel Map No. 5797, Contract No. 80-172
with Tenneco Realty Development Corporation,
located at Dunsmuir Road and Business Park
North.
(f) Application for Encroachment Permit ~rom
William Gregg Tonneslan, 6605 Wilson goad,
for construction of a 2 foot high ret~ning
wall along back of sidewalk at 6605 Wil.so~
Road. '--
(g) Application for Encroachment Permit from
Hinsley Brothers Construction Company,
Route 5, Box 530, for construction of a
4 foot high retaining wall along back of
sidewalk at northwest corner of Puder
Street and Amerock Court.
(h) Plans and Specifications for construction
of Beach Park Irrigation System.
(i) Plans and Specifications for construction
of Sanitary Sewers at Beach Park.
(J)
Request from Gregg-Gangi Development for
extension of time to complete improvements
in Tract No. 3791, located at southeast
corner of Planz Road and Akers Road. The
Public Works Department recommends a 24
month extension. Completion date was
April 26, 1979, and the revised completion
date will be April 26, 1981.
Bakersfield, California, February 25, 1981 - Page 5
(k)
Request from Lawton Powers, Inc., for
extension of time to complete improvements
in Parcel Map No. 5365, located on south-
east corner of West Columbus Street and
Chester Avenue. The Public Works Depart-
ment recommends a 12 month extension.
Completion date for this Parcel Map was
June 13, 1980, and the revised date will
be June 13, 198I.
(i)
Request from Moreland Engineering, Inc.,
on behalf of Peter Mosesian Investments
for abandonment of a portion of "0" Street,
between 38th and 40th Streets, and 38th
Street, between "0" and "Q" Streets.
(Refer to Planning Commission for study
and recommendation)
(m)
60-Day Medical Leave o£ Absence Without
Pay for David E. Hancock, Sanitation
Worker I. This employee is presently on
Medical Leave and has not been released
by his Doctor. This request will extend
the leave through April 24, 1981.
Upon
(d), (e), (f),
Calendar, were adopted by the following roll call vote:
Ayes: Councilmen Means, Miller, Payne, Ratty, Strong,
Christensen
a motion by Councilman Miller, Items (a), (b), (c),
(g), (h), (i), (j), (k), (1) and (m) of the Consent
Barton,
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Christensen, low bid of Jim
Burke Ford, in the amount of $9,314.28, for a One Ton Pickup for
the Fire Department, was accepted and the other bid rejected.
Upon a motion by Councilman Means, bid of Fresno Kawasaki,
in the amount of $11,630.32, for two Police Motorcycles, was accepted.
Upon a motion by Councilman Ratty, the Finance Operations
Manager was directed to sign and deliver all necessary requests
and documents, as authorized in Resolution No. 27-79, to purchase
18 Police vehicles through the State of California Contract, in the
amount of $136,962.49; and low bid of Three-Way Chevrolet, in the
amount of $8,020.36, for one Four Door Station Wagon, was accepted
and all other bids rejected.
Bakersfield, California, February 25, 1981 - Page 6
2i7
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 9:05 P.M.
MAYOR of Bakersfield, Calif.
ATTEST:
CITY f the Council
of the City of Bakersfield, California
ma
Bakersfield, California, March 4, 1981
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., March 4, 1981.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Payne, Ratty, Strong, Christensen,
Means
Absent: Councilmen Miller, Barton
Minutes of the regular meeting of February 18, 1981 were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Bob Hurst, Campaign Manager for Kern County Invita-
tional Soccer Tournment (KCIST), stated the California Bears
Soccer Team is made up of 20 - ll & 12 year old boys and they have
been invited to LeVerdon, France, at the town's expense, to parti-
cipate in a Soccer Tournment in June, 1981. The Bears are the
first U. S. team to ever be invited to participate in this event.
Mr. Hurst presented the Mayor and Council with tickets to a
Barbeque in honor of the team.
Shell and the Council present
of LeVerdon.
Mayor Shell assured Mr.
of Bakersfield would be sent to
Mr. Hurst requested that Mayor
a gift of appreciation to the Mayor
Hurst that a gift from the City
the Mayor of LeVerdon, France.
Mr. Bill Turney, Public Relations Director for the Bakers--
field Jaycees', stated they are present tonight to give special
recognition to a local resident who achieved the status of Out-
standing Young Farmer, from the U. S. Jaycees'
Mayor Shell presented a plaque to Jeff Thompson, Outstanding
Young Farmer of America for 1980. Mayor Shell also pointed out that
Mr. Thompson's father received the same award.
Mr. Paul Arvidson, 2413 Blade Avenue, complained about
the Police Department doing nothing about the theft of batteries
from cars in parking lots.
Bakersfield, California, March 4, 1981 - Page 2
21 '9
CORRESPONDENCE
Upon a motion by Councilman Strong, communication from
Robert Reader, Broker for Property Mart, 5001 College Avenue,
dated February 26, 1981, regarding New Construction Inventives
Program, was received and referred to the Community Development
staff for recommendation to the Budget Review and Finance Committee.
Upon a motion by Councilman Ratty, communication from
Fox & Company, Certified Public Accountants, dated February 26,
1981, requesting that their firm be considered for the annual audit
of the City of Bakersfield for Fiscal Year ending June 30, 1981,
was received and referred to the Budget Review and Finance Committee
for study and recommendation.
Upon a motion by Councilman Means, communication from
Bailey, Brennan, Slaughter & Co., Certified Public Accountants,
dated February 27, 1981, requesting that their firm be considered
for the annual audit of the City of Bakersfield for Fiscal Year
ending June 30, 1981, was received and referred to the Budget
Review and Finance Committee for study and recommendation.
Upon a motion by Councilman Ratty, Notice of Pending
Class Action in the Los Angeles Superior Court from Lawler, Felix
& Hall, Attorneys at Law, entitled "City of Whittier, et al. vs.
State Compensation Insurance Funds," seeking damages and declaratory
relief for all members of the prospective class, against State
Compensation Insurance Fund for its failure to reimburse cities
and counties insured by the Fund for salary continuation benefits
paid to Policemen and Firemen pursuant to Labor Code Section 4850,
was received and referred to the City Attorney.
COUNCIL STATEMENTS
Councilmen Means and Payne assured Mr. Arvidson that the
Police Department probably did everything they could regarding the
theft of the batteries.
220
Bakersfield, California, March 4, 1981 - Page 3
Councilman Payne announced that he appointed Mrs. Mary
Ruth Grider, 1400 Sutter Lane, and Mr. Cruz Carrisalez, 7905
Las Cruces Avenue, to the Charter Review and Advisory Commission.
Councilman Christensen requested that the appointments
to the Charter Review and Advisory Commission be completed as soon
as possible.
Councilman Means stated he reappointed Dr. Ray Geigle,
2513 Newport Lane, and will appoint Mr. Victor Garcia next week,
to the Charter Review and Advisory Commission.
Councilman Ratty announced that he reappointed Mr.
Clarence Westra, 4200 Boise Street, #12 A, and Mr. John C. Fallgarter,
P.O. Box 9607, to the Charter Review and Advisory Commission.
Mayor Shell stated she hopes that in the next City election
there will be a greater turnout than this week's election.
REPORTS
Councilman Payne, Chairman o£ the Water and City Growth
Committee, read Report No. 1-81 regarding Municipal Farm Lease, as
follows:
On December 20, 1978, the City o~ Bakersfield
entered into a Municipal Farm Lease Agreement
with Garone Cattle Company, The Lease Agree-
ment provides that Garone Cattle Company will
lease the premises known as the Bakers£ield
Municipal Farm for the purpose o£ conducting
thereon a £arming and ranching operation £or
growing agricultural crops and related usage
and for the purpose of spreading reclaimed
water for further land treatment and beneficial
irrigation use. The term o~ the lease was for
a period of seven years ending on December 31,
1985, with a First Right of Refusal for an
additional five year period.
It is beneficial to the City of Bakers£ield
that the lessee make various improvements to
the lease property. Among the improvements
are:
a) Finish leveling 385 acres.
b) Development and fencing o£ 440 acres of an
undeveloped portion o£ the £arm.
c) Provide additional tailwater return system
for wastewater.
d) Eliminate equalizing reservoir at Buena
Vista and Adobe Roads.
Bakersfield, California, March 4, 1981 - Page 4
221
The staff estimates cost of the above long-
range improvements to the farm to be $606,000.
In consideration of the improvements to be made
by the lessee, the staff recommends that the
existing lease be extended for an additional
seven year period, through December 31, 1992,
at the present rental of approximately $80 per
acre per year, with two five year options at a
negotiated rental.
This Committee has reviewed and discussed the
staff recommendations and proposed agreement
and considers it to be acceptable and in the
best interest of the City of Bakersfield.
Therefore, this Committee recommends that the
City Council approve the proposed Municipal
Farm Lease Agreement and authorize the Mayor
to execute.
Upon a motion by Councilman Payne, Water and City Growth
Committee Report No. 1-81 regarding Municipal Farm Lease, was
accepted; and Municipal Farm Lease with Garone Cattle Company,
was approved and the Mayor was authorized to execute same.
Councilman Payne, member of the Business Development and
Parking Committee, read Report No. 1-81 regarding Preliminary
Feasibility Study, Parking Assessment District, Downtown Bakersfield,
as follows:
Attached to this report is a letter from Mr.
Lawrence Guay regarding a parking proposal for
the downtown area. This proposal was sent to
the Council two weeks ago, at which time it was
submitted to the Business Development and
Parking Committee for further study and recom-
mendation.
The Committee met in an open meeting on February
23rd, 1981, with Mr. Guay, Mr. Reno Zanotto, Mr.
Hugh Sill, Mr. Dick Foster, Mr. Mel Khachigian,
and other interested citizens, in regards to
the downtown parking problems. As a result of
this meeting, and a joint meeting with the
Redevelopment Agency Parking Committee, which
was held February 25th, 1981, we are of the
opinion that Mr. Guay's proposal to study the
merits of a parking assessment district in the
downtown area should be pursued.
We are recommending Council support on this
matter for two basic reasons:
l)
It appears, based on correspondence received
from the Downtown Business Association, that
support exists within the local business
community and,
222
Bakersfield, California, March 4, 1981 - Page 5
2)
This Study and the District would be
supported in whole by private enterprise,
who in turn, would benefit from these much
needed parking facilities.
This Committee is therefore recommending that
the City Council approve Mr. Guay's proposal,
and instruct the staff to have Mr. Guay deposit
$3,000 into a City Trust Account. We further
recommend that the staff be instructed to have
QUAD Consultants begin this study immediately.
Upon a motion by Councilman Payne, Business Development
and Parking Committee Report No. 1-81 regarding Preliminary
Feasibility Study, Parking Assessment District, Downtown Bakers-
field, was accepted; and recommendations as outlined in the report,
were approved.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 5313 to 5439,
inclusive, in the amount of $139,975.90.
(b)
Claim for Damages from Kathy M. James,
Calvin M. James, Calvin E. James, Jr.,
Kasie James, Kevin James and Stacy M.
James, 2414 South "0" Street, Bakersfield.
(Refer to City Attorney)
(c)
Claim for Damages from Charles Anthony
Pizzino, 1022 Oregon Street, Apt. D.,
Bakersfield. (Refer to City Attorney)
(d)
Claim for Damages from Delvin Leroy
Johnston, P.O. Box 5141, Bakersfield.
(Refer to City Attorney)
(e)
Claim for Damages from Henry Nutt, 323
West llth Street, Bakersfield. (Refer
to City Attorney)
(f)
Claim for Damages from Cristine L. Hodges,
1106 Dolores Street, Bakersfield. (Refer
to City Attorney)
(g)
Notice of Completion and Acceptance of
Work on installation of 12" diameter pipe-
line across the Farmer's Canal, Contract
No. 80-204 with G.C.A. Drilling & Blasting.
(h)
Application for Encroachment Permit from
Joyce S. Griffiths, 2624 Auburn Court,
for construction of a 2 to 23 foot retaining
wall at back of sidewalk at southwest corner
of Auburn Court and Auburn Street.
Bakersfield, California, March 4, 1981 - Page 6
223
(i)
Application for Encroachment Permit from
Bakersfield Cable TV, 1615 "V" Street,
for installation of a temporary overhead
cable TV wire crossing in the 1600 block
of "M" Street.
(J)
Application for Encroachment Permit from
Jerry Eugene Willingham, 2101 Pacheco Road,
for construction of a 4 foot high chain
link fence along back of sidewalk on
Jewell Court at southwest corner of Jewell
Court and Pacheco Road.
(k)
Application for Encroachment Permit from
Houchin Community Blood Bank, 2600 "G"
Street, for construction of concrete
retaining walls and lighting for land-
scaping at northeast corner of 26th and
"G" Streets.
(i)
Plans and Specifications for Resurfacing
Auburn Street, between Columbus Street
and Oswell Street, and Maywood Drive,
between Auburn Street and Wendy Avenue.
(m)
Plans and Specifications for Resurfacing
Wilson Road, between Hughes Lane and South
"H" Street, and Hughes Lane, between Planz
and Wilson Roads.
(n)
Plans and Specifications for Resurfacing
Truxtun Avenue, between "L" and "H" Streets,
and Chester Avenue, between Truxtun and
California Avenues.
(o)
Novation between a Subdivider, a substituted
Contractor and the City of Bakersfield.
This Novation provides for the substitution
of Peter Mosesian for Chester Jost as Sub-
divider/Contractor for Contract No. 79-115,
Improvement Agreement for Parcel Map No.
5179, located at the northwest corner of
Wilson Road and South Real Road.
Upon a motion by Councilman Ratty, Items (a), (b), (c),
(d), (e), (f), (g), (h), (i), (j), (k), (i), (m), (n) and (o) of
the Consent Calendar, were adopted by the following roll call vote:
Ayes
Noes
Councilmen Payne, Ratty, Strong, Christensen, Means
None
Absent: Councilmen Miller, Barton
ACTION ON BIDS
Upon a motion by Councilman Christensen, low bid of
Three-Way Chevrolet, in the amount of $15,056.20, for two Half Ton
Pickups for the Public Works Department, was accepted; the Finance
224
Bakersfield, California, March 4, 1981 - Page 7
Operations Manager was directed to sign and deliver necessary
documents, as authorized in Resolution No. 27-79, for the purchase
of one Station Wagon through State Contract No. 1-81-23-10, in the
amount of $6,776,62, for the Public Works Department, and all other
bids were rejected.
Upon a motion by Councilman Payne, reconstruction of the
Chester Avenue Sewer, between Brundage Lane and Richland Street,
and construction of the Oak Street Sewer, between Chester Lane and
16th Street, were deferred; and low bid of P. R. Field, Inc., in
the amount of $1,160,000, for construction of Wastewater Treatment
Plant No. 3, 1981 Interim, was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Payne, low bid of Tumblin
Company, in the amount of $618,200, for Base Bid and Alternates 1
and 3 for construction of Phase II, South Wing Addition to City
Hall, was accepted, the other bid rejected and the Mayor was
authorized to execute the contract.
DEFERRED BUSINESS
Deferral of Negative Declaration for
proposed amendments and contracts, as
necessary, to implement Water Agree-
ment No. 77-07 W.B. between the City
and Olcese Water District.
A letter regarding this Negative Declaration was received
from Rosedale - Rio-Bravo Water Storage District, dated February
17, 1981, and was referred to staff on February 18, 1981, at which
time submission of comments were closed. Action on the Negative
Declaration was deferred until tonight's Council Meeting.
Upon a motion by Councilman Christensen, action on
Negative Declaration for proposed amendments and contracts, as
necessary, to implement Water Agreement No. 77-07 W.B. between the
City and Olcese Water District, was deferred until the Council
Meeting of March 25, 1981.
Bakersfield, California, March 4, 1981 - Page 8
'225
NEW BUSINESS
Adoption of Resolution No. 13-81 of
the Council of the City of Bakers-
field changing the date of a Council
Meeting in the month of March, 1981.
The Regular Council Meeting of March 18, 1981, is being
changed to March 16, 1981, to comply with Charter provisions which
state that the Council shall meet on the second Monday following
the General Election, at which time the newly elected members of
the Council shall assume the duties of their office.
Upon a motion by Councilman Christensen, Resolution No.
13-81 of the Council of the City of Bakersfield changing the date
of a Council Meeting in the month of March, 1981, was adopted by
the following roll call vote:
Ayes: Councilmen Payne, Ratty, Strong, Christensen, Means
Noes: None
Absent: Councilmen Miller, Barton
Approval of Amendment to Agreement of
Lease No. 77-188 between the City of
Bakersfield and Griff's Auto Polish
for property located at 1510 "H" St.
This amendment extends the lease period for two years,
provides for payment of increased rental, adds provisions concerning
utilities and amends termination before end of lease term provision
to permit termination upon 120 days' notice.
Upon a motion by Councilman Ratty, Amendment to Agreement
of Lease No. 77-188 between the City of Bakersfield and Griff's
Auto Polish for property located at 1510 "M" Street, was approved
and the Mayor was authorized to execute same.
Approval of Community Development
Block Grant Draft Application.
The dra£t of the Community Development Block Grant
Application must be submitted to the State for the 45-day A-95
review process prior to submission to the Department of Housing
and Urban Development. Comments from the State will be used to
formulate the final application, which will be submitted to the
Council for action by April 15, 1981.
Bakersfield, California, March 4, 1981 - Page 9
Upon a motion by Councilman Strong, Community Development
Block Grant Draft Application, was approved and the staff was
authorized to submit to the State for review.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 8:40 P.M.
MAYOR of th /~' ~
~y of Bakersfield, Calif.
ATTEST:
of the City of Bakersfield, California
ma
Bakersfield, California, March 11, 1981
227
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., March 11, 1981.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and a minute of silent prayer.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Ratty, Strong, Barton, Christensen,
Means, Payne
Absent: Councilman Miller
Minutes of the regular meeting of February 25, 1981 were
approved as presented.
SCHEDULED PUBLIC STATEMENTS
Mr. Jacob Cobb, Chief of the Ani-Yun-Wiya Society, 1109
Antonia Way, stated they are applying for funds from the Bureau
of Land Management to develop an Inter-Tribal Ceremonial Grounds
to be situated approximately 600 feet above Hart Memorial Park and
will contain 40.12 acres of land. The site is located 6½ miles
northeast of Bakersfield and Alfred Harrell Highway leads to within
300 yards of it. There are no existing or known ceremonial grounds
of this type in the United States and it will consist of an adminis-
tration building, outdoor theater, ceremonial circle, museum and
overnight camping and R.V. facilities with hook-ups and showers.
The purpose of this proposed site is to develop and establish a
self-supporting project that will allow the American Indian to
preserve their heritage and culture. Mr. Cobb requested a letter
endorsing the concept of the proposal presented to the Council
tonight to accompany the application for funds from the Bureau of
Land Management.
Upon a motion by Councilman Strong, proposal submitted
by Mr. Cobb for Inter-Tribal Ceremonial Grounds, was referred to
staff for study and recommendation to the appropriate Council
Committee.
Bakersfield, California, March ll, 1981 - Page 2
Vivian Hofstetter, Vocal Music Director for Chipman
Junior High School, outlined the activities planned for National
Music in Schools Week, which will be held in conjunction with the
California Music Educators Association Convention in Bakersfield,
April ll, 12 & 13, 1981, and invited the Mayor and Council to
attend.
Miss Laura Luttrell, President of the Charger Choir of
Chipman Junior H.igh School, outlined the Choir's planned tour of
Japan and Bakersfield's Sister City, Wakayama, Japan, in April,
1981. Miss Luttrell presented Mayor Shell with a picture of the
1981 Charger Choir.
Mr. Donald Kurtz, City resident, stated Pacific Gas and
Electric Company has an application now pending before the Public
Utilities Commission for a residential rate increase of over 40%,
public authority rate increase of 24% and street light rate in-
crease of 25%, all effective January, 1983. Mr. Kurtz requested
that the Council adopt a resolution directed to the P.U.C. ex-
pressing opposition to the application and join with other cities,
through the League of California Cities, for an investigation of
the application.
Upon a motion by Councilman Payne, request made by Mr.
Kurtz was referred to the Energy Committee for study and recom-
mendation back to the Council.
CORRESPONDENCE
Upon a motion by Councilman Payne, communications from
Frank E. Martell; Tanner, Isaacs and Sluga; Gary Tedder; John W.
Gaines; Peter C. Brown; Sheats, Willman & Woken; Eugene F. Cassady
& Co.; DanielIs, Phillips, Garner & Vaughan; Reischman, Penney &
Mays; and Alexander Grant & Company; Certified Public Accountant
firms regarding annual audit of the City of Bakersfield for Fiscal
Year ending June 30, 1981, were received and referred to the Budget
Review and Finance Committee for study and recommendation.
Bakersfield, California, March 11, 1981 - Page 3
COUNCIL STATEmeNTS
Councilman Christensen commented on a notice the Mayor
sent to all Councilmen regarding a City Beauti£ication Program,
and pointed out that the alleys should be cleaned and kept that way.
Mayor Shell requested that each Councilman appoint one
person to serve on the City's Beautification Committee and she has
a list of 10-12 persons who have volunteered to serve, which would
make a total of about 21 persons on the committee.
Councilman Christensen requested that the Council make
their appointments to the City's Beautification Committee by the
Council Meeting of March 25, 1981.
Councilman Means requested information on the proposed
Joint Meeting between the Council and Redevelopment Agency, scheduled
for Monday, March 16, 1981.
City Manager Kelmar stated the joint meeting, basically,
is being held to discuss the UDAG Application.
City Attorney Oberholzer stated the original concept has
been modified and the consultants & developer will be in Bakersfield
Monday to present those concepts to the Council and Redevelopment
Agency. It appears there will be a resolution presented indicating
the Council's intent to float bonds, if necessary, for this project.
Councilman Strong stated there should be a clear sense of
direction as to what is expected of the Council, as a body, in this
matter. Councilman Strong also stated he hopes the staff is prepared
to make a recommendation next Monday night, as to which way the
Council should go on this project.
Mayor Shell requested that the Council consider rein-
stating the Legislative Committee to work With the City Attorney
and make recommendations regarding legislation affecting the City
of Bakersfield.
REPORTS
Councilman Means, Chairman of the Energy Committee, read
Report No. 1-81 regarding Street Light Conversion Projects, as
follows:
Bakersfield, Cali£ornia, March ll, 1981 - Page 4
At the present time there are approximately
5,357 street lights in the City of Bakersfield.
Of these, approximately 77% or 4,134 street
lights are owned and maintained by Pacific Gas
& Electric Company and approximately 23% or
1,223 street lights are owned and maintained by
the City itself. The City pays the electricity
bill for all 5,357 street lights.
Electricity for street lighting in the City of
Bakersfield accounts for about one-half of the
City's monthly electricity bill. More spefi-
fically, the estimated cost of electricity for
street lighting will exceed $600,000 for the
fiscal. year ending June 30, 1981. Additionally,
the cost is estimated to exceed $1,000,000 for
the next fiscal year.
Pacific Gas & Electric Company has completed
approximately 40% of their program to convert
their street lights to more efficient sodium
vapor fixtures. This conversion program is
expected to be completed in another two years.
This committee discussed and reviewed a proposal
for converting the existing City-owned incan-
descent and mercury vapor lamps with high pressure
sodium vapor lamps of comparable illumination.
It is estimated the cost of converting the
incandescent and mercury vapor lamps to high
pressure sodium vapor lamps will be $302,320.
Using August, 1980 electricity rates as the
basis, the estimated energy cost savings per
year will be $7~,535. Based upon this annual
savings, the pay back time for the street light
conversion project would be just over 4 years.
Since electricity rates in future years are
certain to be higher than August, 1980, the
estimated savings would be far greater.
The State of California is offering $8,000,000
in low interest loans to local governments for
street light conversions. The loan program pro-
vides that savings resulting from the conversion
will be used to pay off the loan itself. Of
the total conversion cost of $302,320, the
amount eligible for a State loan would be
$172,560. The balance of $129,760 would be
financed with City funds.
Since loan funds are limited and awards will be
made competitively based on project pay back
time, it is requested a loan application be
submitted to the California Energy Commission
by March 15, 1981. Therefore, this committee
recommends that the City Council instruct staff
to make application for financing conversions
through a low interest loan and such application
be submitted to the California Energy Commission.
Upon a motion by Councilman Means, Energy Committee
Report No. l-S1 regarding Street Light Conversion Projects, was
Bakersfield, California, March ll, 1981 - Page 5
accepted; and staff was instructed to make application for financing
conversions through a low interest loan and submit such application
to the California Energy Commission.
Upon a motion by Councilman Ratty, Budget Transfer from
the Council Contingency Fund to the appropriate account, in the
amount of $10,000, to start the Street Light Conversion Program,
was approved.
Councilman Strong, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 5-81 regarding Change in
Job Specifications and Reclassifications, as follows:
Attached to this report are proposed changes
in job specifications for the following classi-
fications:
1. Sanitation Crewman III
2. Waste Water Treatment Operator I
3. Waste Water Treatment Operator II
The Sanitation Crewman III classification was
authorized by the Council last July, however,
the job specifications did not reflect the one-
man automatic loading operation which was
currently put into effect. The Waste Water
Treatment Operator specifications were changed
to include graduation from high school or its
equivalent in the desirable minimum qualifi-
cations. This requirement was included in
order to be in compliance with the State of
California Water Quality Control regulations.
It does not effect any of the present employees,
but will effect future employees. These changes
have been discussed with the City's union
representatives and they are in concurrence.
The reclassification is in the City Manager's
Office. The Manager has evaluated the job
responsibilities of the Administrative Aide in
his office and he is of the opinion that the
duties assigned to this position are more
reflective of the secretarial classification.
In addition, the future office needs also
dictate another Secretary rather than an Adminis-
trative Aide. He has, therefore, requested
that the classification of Administrative Aide
be reclassified to Secretary II and the person
assigned to this position be Y-rated until such
time that the salary of the Secretary positions
equal or exceeds the Administrative Aide salary
range.
The Governmental Efficiency and Personnel Com-
mittee is in agreement with these proposals and
is therefore recommending Council approval of
the attached job specifications and the proposed
reclassification.
2. 2
Bakersfield, California, March ll, 1981 - Page 6
,rv, a mu~±o~l uy ~ouilcllman ~rong, Governmental Efficiency
and Personnel Committee Report No. 5-81 regarding Change in Job
Specifications and Reclassifications, was accepted; and recommenda-
tions as outlined in the report, were approved.
Councilman Strong, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 6-81 regarding Contract
with Nicholas Counter for Fiscal Year 1981-82 Employee Negotiations,
as follows:
Attached to this report is a request from Nicholas
Counter regarding renewal of his contract as the
City's Chief Negotiator. The Governmental
Efficiency and Personnel Committee has reviewed
Mr. Counter's services with the staff and we are
of the opinion that he represents the City in a
fair and equitable manner and should be retained.
This year's contract is in the amount of $1,250
per month for a period of one year, which is an
increase of $100 per month. Since there were
no multi-year contracts negotiated last year,
all five MOU's of the City's recognized units
will be up for renewal as well as consultations
with the remaining four units.
With this in mind, the Governmental Efficiency
and Personnel Committee is recommending Council
approval of this contract with Nicholas Counter
and request authorization for the Mayor to
execute the contract.
Upon a motion by Councilman Strong, Governmental Efficiency
and Personnel Committee Report No. 6-81 regarding Contract with
Nicholas Counter for Fiscal Year 1981-82 Employee Negotiations,
was accepted; and contract with Nicholas Counter for employee
negotiations for Fiscal Year 1981-82, was approved and the Mayor
was authorized to execute same.
Councilman Christensen, member of the Governmental
Efficiency and Personnel Committee, read Report No. 7-81 regarding
Fire Department Overtime Budget Transfer Request, as follows:
The Fire Department is requesting a transfer
of $40,000 from the regular salary and wage
account of the Operations Budget to the over-
time account to accommodate overtime expendi-
tures for the remainder of this fiscal year
and cover the present overdraft.
Bakersfield, California, March 11, 1981 - Page
Overtime expenditures for the Fire Department
have risen gradually over the last 10 years to
the point of being a significant cost for the
City. This situation basically began when the
City granted the Firefighters a reduction in
their workweek from 60 hours to 56 hours January
1, 1975. The Department went from two to three
shifts, and of the 22 positions needed to main-
tain the same level of service, only 10 new
positions were granted with an overtime call-
back policy instituted. Since that time,
vacations have gradually increased and sick
leave conversions was added to time off with
no additional positions. Sick leave, injury
leave, callback for emergency purposes, and
special details have been the main reason for
callback since the reduction of the Firemen's
workweek.
Recent measures taken to improve this situation
are the elimination of psychological testing
of entry level Firemen which took four to five
weeks to process, leaving existing Firefighter
positions vacant, necessitating callback to
maintain the minimum manning level which was
negotiated with the Fire Units in recent years.
A Draftsman position was granted by the City
Council this current budget year which will
eliminate the need to callback for that type
of work. Policies for callback of Arson Investi-
gators have been changed to reduce callback.
During the early 1970's there were 44 Firefighting
personnel on duty with approximately 20 positions
for vacations, days off, sick leave, injury leave,
etc. Presently there are 37 Firefighting personnel
on duty, with only six positions for vacation,
sick leave, and injury leave. It is evident
that to maintain the minimum manning level, call-
back is often a necessity because of the reduced
number of positions available, coupled with sick
leave, injury leave and callback for major
emergencies.
The Governmental Efficiency and Personnel Com-
mittee has reviewed this request in detail and
we are recommending Council approval authorizing
a $40,000 transfer from the Fire Department
Operations Salary and Wage Account to the Fire
Department Overtime Account.
Upon a motion by Councilman Christensen, Governmental
Efficiency and Personnel Committee Report No. 7-81 regarding Fire
Department Overtime Budget Transfer Request, was accepted; and
Budget Transfer from the Fire Department Operations Salary and
Wage Account to the Fire Department Overtime Account, in the amount
of $40,000, was approved.
2. 4
Bakersfield, California, March 11, 1981 - Page 8
Councilman Strong, Chairman of the Governmental Efficiency
and Personnel Committee, read Report No. 8-81 regarding Consolida--
tion of Fire Mechanic Shop with Public Works Department, as follows:
Historically, the City Fire Department has
maintained its own fire equipment at Station
Number 2 in East Bakersfield with two fire
safety personnel. At the present time, the
leval of activity has experienced a significant
increase, the equipment has become more sophis-
ticated and the two people assigned to this
task are not able to keep up with the work load.
In addition, the shop has become outdated.
The staff recently evaluated this situation and
recommended to the Governmental Efficiency and
Personnel Committee that the fire maintenance
function could be handled in a more efficient
manner by the Public Works Fleet Maintenance
Division. This Division is operated at the
City's new and modern Corporation Yard facility
which is large enough to handle this additional
workload without any physical changes in the
plant itself.
Recommended employee changes would be handled
as follows:
The Fire Mechanic Supervisor reclassified
to an equal classification of Fire Captain
and reassigned to Fire Suppression.
2. The Fire Mechanic position transferred to
Public Works as an Equipment Mechanic.
Increase Public Works authorized Equipment
Mechanic allocation by one new employee in
order to keep up with the increased work-
load.
It is anticipated that no additional costs will
be involved in this change as savings will
result in a reduction in overtime, less work
being done by outside firms and a savings in
retirement costs, as the Public Works employees
will not be covered in the Safety Retirement
Program.
The Governmental Efficiency and Personnel Com-
mittee wishes to compliment the staff for
initiating this proposal and we are recommending
Council approval of this reorganization as out-
lined in this report and further recommend that
$32,500 be transferred from various Fire Depart-
ment accounts to the proper accounts within the
Public Works Department Equipment Maintenance
Division budget.
Upon a motion by Councilman Strong, Governmental Efficiency
and Personnel Committee Report No. 8-81 regarding Consolidation of
Fire Mechanic Shop with Public Works Department, was accepted; and
Bakersfield, C~li£ornia', March ll, 1981 - Page 9
reorganization as outlined in the report, was approved; and Budget
Transfer from various Fire Department accounts to the proper
accQunts within the Public Works Department Equipment Maintenance
Division budget, in the amount of $32,500, was approved.
Upon a motion by Councilman Ratty, Annual Report for 1980
of the Miscellaneous, Fire and Police Civil Service Boards, was
received and ordered placed on file.
Police Chief Price reported that three weeks ago a memo
was given to each Councilman advising them of some changes being
made in the Police Department. Ten Tra£fic Officers were diverted
from the Traffic Division to a Tact Team to work on robbery and
burglary problems. During their first three weeks in operation
that team, 10 officers
30 misdemeanor arrests
In addition, they were
and 1 sergeant, have made 40 felony arrests,
and participated in 68 residential checks.
involved in 158 "Operation Stay in School"
apprehensions. Of the 40 felony arrests; 12 were for burglary, 3
for robbery, 17 for narcotics and 8 for weapons arrests. A memo
was also sent to the Council regarding an experimental Mail-In
Report Program. The forms have not been received from the printers
as yet. That program is voluntary to determine public acceptance
on those types of reports which an officer may not be required at
the scene. If evidence must be gathered a Police Officer will go
the scene.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 5440 to 5530,
inclusive, in the amount of $300,986.08.
(b) Claim for Damages from Hector Menchaca,
212 Louella Street, Bakersfield. (Refer
to City Attorney)
(c) Claim for Damages and Personal Injuries
from Ronald Gene White, 2702 North Chester
Avenue, Apt. 2, Bakersfield. (Refer to
City Attorney)
(d) Claim for Damages and Personal Injuries
from Gary Charles Handley, 9421 Rosedale
Highway, Bakersfield. (Refer to City
Attorney)
to
Bakersfield, California, March 11, 1981 - Page 10
(e)
(g)
(h)
(i)
(J)
(k)
(i)
Claim for Damages from Stephanie Frasch.
(Refer to City Attorney)
Claim for Damages from Mercury Insurance
Group on behalf of B & P Pipe & Tool
Company, 3035 Walnut Avenue, Long Beach,
California. (Refer to City Attorney)
Claim for Damages from Farmers Insurance
Group, P.O. Box 2285, Bakersfield, on
behalf of Earlene Barron. (Refer to
City Attorney)
Sewer Easement from Sill Properties, Inc.,
as required by the Planning Commission for
Parcel Map No. 6021, located east of Arrow
Street, south of Brittan Road.
Street Easement from Shalimar Hills Develop-
ment Company and Verdugo Land Company for
extension of College Avenue as required by
the Planning Commission for Tract No. 4096,
located on College Avenue east of Fairfax
Road.
Notices of Completion and Acceptance of
Work for:
Bernard Street Retension Basin, Contract
No. 81-6 with Turman Construction.
Tract No. 4275, Contract No. 80-102 with
Tenneco Realty Development Corporation,
located at North Half Moon Drive and
Barrington Street.
Tract No. 4276, Contract No. 80-142 with
Tenneco Realty Development Corporation,
located at Laurelglen Boulevard and
Gosford Road.
Tract No. 4219, Contract No. 80-107 with
Tenneco Realty Development Corporation,
located at West Half Moon Drive and
Olympia Drive.
Request from L. Bruce Nybo, Civil Engineering
and Land Surveying, for amendment to the
Land Use Element of the General Plan for
commercial use of property in the Rio
Bravo Area located south of a line running
parallel to and 400 feet north of Highway
178 and County Road No. 626. (Refer to
Planning Commission for study and recom-
mendation)
Request from Roger W. Yates, Realtor, for
an amendment to the Land Use Element of
the General Plan for a portion of property
located at 2001 Westwind Drive and all of
2015 Westwind Drive. (Refer to Planning
Commission for study and recommendation)
Bakersfield, California, March 11, 1981 - Page ll
2. 7
(m)
Request for the City of Bakersfield to
accept a Grant Deed from Tenneco Realty
Development Corporation for a Drainfield
and Park Site in the vicinity of Ashe
Road and North Half Moon Drive. (Refer
to Budget Review and Finance Committee)
(n)
Resolution No. 14-81 of the Council of
the City of Bakersfield initiating pro-
ceedings for annexation of territory to
the City of Bakersfield identified as
Proceeding No. 750, Annexation No. 283
(Stockdale No. 12), in accordance with
LAFCO Resolution making determination.
This resolution sets the date of hearing
for Wednesday, April 15, 1981.
Upon a motion by Councilman Means, Items (a), (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 vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means,
Payne
Noes: None
Absent: Councilman Miller
NEW BUSINESS
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located on the west side
of South "H" Street, between Pacheco
Road and Faith Avenue.
The application for this amendment was initiated by the
Planning Commission and would change subject property from an R-1
(One Family Dwelling) Zone to a C-1-D (Limited Commercial - Archi-
tectural Design) Zone.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of that certain property in the City
of Bakersfield located on the west side of South "H" Street, between
Pacheco Road and Faith Avenue.
Approval of Supplemental Construction
and Maintenance Agreement between the
Atchison, Topeka and Santa Fe Railway
Company and the City of Bakersfield,
amending original agreement for con-
struction of Truxtun Avenue Underpass,
to allow railway company access along
the levee for maintenance of their
facilities.
Bakersfield, California, March 11, 1981 - Page 12
Upon a motion by Councilman Ratty, Supplemental Construc-
tion and Maintenance Agreement between the Atchison, Topeka and
Santa Fe Railway Company and the City of Bakersfield, amending
original agreement for construction of Truxtun Avenue Underpass,
to allow railway company access along the levee for maintenance of
their facilities, was approved and the Mayor was authorized to
execute same.
Adoption of Resolution No. 15-81 of
the Council of the City of Bakers-
field declaring that it has reviewed,
evaluated, and considered the infor-
mation contained in the Final EIR for
a proposed Bakersfield Airpark Area
General Plan Amendment, making findings,
and certifying that said Final EIR
has been completed in compliance with
the California Environmental Quality
Act, the State EIR Guidelines and
City Council Resolution No. 60-80.
The Planning Commission reviewed the Final EIR on the
proposed General Plan Amendment and recommended, by Resolution No.
44-80, certification by the City Council.
Councilman Ratty made a motion to adopt the resolution
of the Council of the City of Bakersfield declaring that is has
reviewed, evaluated, and considered the information contained in
the Final EIR for a proposed Bakersfield Airpark Area General Plan
Amendment, making findings, and certifying that said Final EIR has
been completed in compliance with the California Environmental
Quality Act, the State EIR Guidelines and City Council Resolution
No. 60-80.
Councilman Strong questioned City Attorney Oberholzer
and Planning Director Sceales regarding areas delineated in the
EIR, safety factor and noise levels, that he feels have not been
addressed. Councilman Strong questioned the EIR being certified
prior to the public hearing and felt it should be the other way
around.
During a lengthy discussion, Councilman Strong offered a
substitute motion that no resolution be adopted by the Council
Bakersfield, California, March 11, 1981 - Page 13
certifying the EIR on the area surrounding the Bakersfield Airpark
until the Council receives a comprehensive plan by which to deal
with the violations and unsafe conditions with the Airpark as it
now exists. After further discussion this motion failed to carry
by the following roll call vote:
Ayes: Councilmen Strong, Christensen
Noes: Councilmen Ratty, Barton, Means, Payne
Absent: Councilman Miller
Councilman Ratty's motion that Resolution No. 15-81 of
the Council of the City of Bakersfield declaring it has reviewed,
evaluated, and considered the information contained in the Final
EIR for a proposed Bakersfield Airpark Area General Plan Amendment,
making findings, and certifying that said Final EIR has been com-
pleted in compliance with the California Environmental Quality Act,
the State EIR Guidelines and City Council Resolution No. 60-80, be
adopted, carried by the following roll call vote:
Ayes: Councilmen Ratty, Barton, Means, Payne
Noes: Councilmen Strong, Christensen
Absent: Councilman Miller
Adoption of Resolution No. 16-81 o£
the Council of the City of Bakers-
field declaring that it has reviewed,
evaluated, and considered the infor-
mation contained in the Final EIR for
a proposed General Plan Amendment and
subsequent Zone Change on properties
located northerly of Panama Lane,
westerly of Stine Road to the Arvin-
Edison Canal, and southerly of the
Southern Pacific Asphalto Branch
Railroad, making findings, and certi-
fying that said Final EIR has been
completed in compliance with the
California Environmental Quality Act,
the State EIR Guidelines, and City
Council Resolution No. 60-80.
The Planning Commission reviewed the Final EIR on the
proposed General Plan Amendment coincident with the proposed
Panama Lane No. 3 Annexation and recommended, by Resolution No.
45-80, certification by the City Council.
Bakersfield, California, March l~, 1981 - Page 14
Councilman Barton made a motion to adopt the resolution
of the Council of the City of Bakersfield declaring that it has
reviewed, evaluated, and considered the information contained in
the Final EIR for a proposed General Plan Amendment and subsequent
Zone Change on properties located northerly of Panama Lane, westerly
of Stine Road to the Arvin-Edison Canal and southerly of the
Southern Pacific Asphalto Branch Railroad, making findings, and
certifying that said Final EIR has been completed in compliance
with the California Environmental Quality Act, the State Eir Guide-
lines, and City Council Resolution No. 60-80.
Mr. Tom Kovak, Engineer with the California Regional
Water Quality Control Board, Central Valley Region, presented the
following letter to the Council:
March l~, 1981
City Council
City of Bakersfield
City Hall
1501 Truxtun Avenue
Bakersfield, CA 93301
GENERAL PLAN AMENDMENT - BAKERSFIELD ANNEXATION
NO. 282, PANAMA LANE #3
We have previously con~nented on the proposed
annexation and have been requested by our Board
to use this opportunity to reiterate our con-
cerns.
It is not our intent to single out this parti-
cular development but it is simply illustrative
of the need to develop an integrated and co-
ordinated Wastewater Plan for Bakersfield
Wastewater Treatment Plant No. 3. Plant No. 3
is currently hydraulically and organically over-
loaded to the extent that it exceeds the
limitations adopted by the Regional Board. The
recently approved expansion of Plant No. 3 is
only an interim solution and will not accommodate
all development presently proposed in the We~t
Bakersfield area.
It is our recommendation the proposed project
and other future developments be phased to
coincide with the available treatment and
disposal capacity at Plant No. 3. We encourage
the City to initiate long-term planning to meet
the wastewater needs in West Bakersfield to
preclude continuation of the overloaded conditions
at the City's existing treatment and dispocal
facilities.
LOREN J. HARLOW
Supervising Engineer
Bakersfield, California, March ll, 1981 - Page 15
941
Councilman Means stated he is concerned with the planning
for future use of the sewage treatment facility in this area and
felt it should be included in the EIR.
After considerable discussion City Attorney Oberholzer
stated a mitigation measure could be added to the resolution stating
that "a plan will be adopted prior to development within Panama
Lane No. 3 Annexation setting forth the methods and means of handling
the additional sewage generated by future development."
Councilman Means' substitute motion that Resolution No.
16-81 of the Council of the City of Bakersfield declaring that it
has reviewed, evaluated, and considered the information contained
in the Final EIR for a proposed General Plan Amendment and subsequent
Zone Change on properties located northerly of Panama Lane, westerly
of Stine Road to the Arvin-Edison Canal and southerly of the
Southern Pacific Asphalto Branch Railroad, making findings, and
certifying that said Final EIR has been completed in compliance
with the California Environmental Quality Act, the State EIR Guide-
lines, and City Council Resolution No. 60-80, be adopted with the
mitigation measure as stated by the City Attorney, carried by the
following roll
Ayes:
call vote:
Councilmen Ratty,
Payne
Noes:
Absent:
Strong, Barton, Christensen, Means,
None
Councilman Miller
Reception of Certificate of Election
from Kern County Clerk of Results of
General Municipal Election for the
Office of Councilman in the First,
Third, Fourth and Seventh Wards of
the City of Bakersfield and Special
Municipal Election for City Measures
A, B, C, D, E, F, G, H and I, held
on March 3, 1981.
Upon a motion by Councilman Barton, Certificate of
Election from Kern County Clerk of Results of General Municipal
Election for the Office of Councilman in the First, Third, Fourth
and Seventh Wards of the City of Bakersfield and Special Municipal
Election for City Measures A, B, C, D, E, F, G, H and I, held on
March 3, 1981, was received, ordered placed on file and spread in
full in the minutes.
Bakersfield, California, March 11, 1981 - Page 16
CERTIFICATE OF COUNTY CLERK TO RESULT
OF CANVASS OF CITY OF BAKERSFIELD,
MARCH 3, 1981~ GENERAL AND SPECIAL
MUNICIPAL ELECTIONS.
I, GALE S. ENSTAD, County Clerk of the County of
Kern, State of California, hereby certify that I have
canvassed the returns of the vote cast in the Special
Municipal Election in the City of Bakersfield, and in
the General Municipal Election for the office of
Councilman in Wards 1, 3, 4 and 7 of said City, held
on March 3, 1981, and that the Statement of Vote to
which this certificate is attached shows the total
number of votes cast in said Wards and in said City,
and in each of the respective precincts therein, and
that the totals of the respective columns and the
totals as shown for each candidate and for and against
each measure are full, true and correct.
WITNESS my hand and Official Seal this 9th day of
March, 1981.
/s/GALE S. ENSTAD
GALE S. ENSTAD, County Clerk
Bakersfield, California, March ll, 1981 - Page 17
STATEMENT OF ALL VOTES CAST
AT THE
GENERAL MUNICIPAL ELECTION
AND
SPECIAL MUNICIPAL ELECTION
HELD
MARCH 3, 1981
CITY OF BAKERSFIELD
STATE OF CALIFORNIA
Bakersfield, California, March 11, 1981 - Page
GENERAL MUNICIPAL ELECTION
MARCH 3, 1981
WARD NO. 1
CONS.
PRECINCT REGISTERED
NO. VOTERS
VOTES
CAST STRONG WANDICK
398 39 19 15
479 113 81 28
460 126 91 26
436 ll5 64 46
730 184 107 69
324 126 93 30
776 138 107 20
341 79 47 31
745 200 135 51
Absentees
TOTAL 4,689
PERCENT 24.2%
16 14 I
1,136 758 317
WARD NO. 3
CONS.
PRECINCT REGISTERED
NO. VOTERS
VOTES
CAST
MILLER RAMIREZ ROCKOFF
25 413 137 69 ll 55
26 453 148 58 14 73
27 387 132 37 7 86
28 515 139 37 9 89
29 728 275 66 36 170
30 843 179 77 27 73
31 679 188 82 14 90
32 931 229 78 26 124
33 924 234 101 46 86
34 136 32 18 2 12
35
36 7 4 4
37 172 25 14 4 7
38 135 30 14 6 10
39 550 96 39 23 33
Absentees
TOTAL 6,873
PERCENT 27.7%
61 23 5 31
1,909 713 230 943
Bakers£ield, California, March ll, 1981 - Page 19
GENERAL MUNICIPAL ELECTION
MARCH 3, 1981
WARD NO. 4
CONS.
PRECINCT REGISTERED
NO. VOTERS
VOTES
CAST DUNCAN PHIPPS
RATTY
ROBINSON
41 511 126 7 69 45 3
42 736 171 27 46 90 4
45 510 138 30 34 68 5
46 189 12 3 4 4 1
47 49 13 2 5 2
48 3
51
53
54 738 280 55 136 85 1
55 502 218 42 71 101
56 587 206 31 80 92 2
57 402 154 21 33 96
58 693 98 21 32 37 7
59 705 121 30 34 37 19
108 548 188 37 56 91 1
lll 428 73 21 10 39 2
Absentees
103 12 34 51 4
TOTAL 6,601 1,901 339 644 838 50
PERCENT 28.7
WARD NO. 7
CONS.
PRECINCT REGISTERED
NO. VOTERS
VOTES
CAST BARTON ROHDE
89 620 89 62 16
9O 449 32 19 9
91 1
92 543 60 40 15
93 73 8 3 5
94 513 57 39 14
95 594 49 20 27
96 512 43 19 22
97 252 59 29 23
98 890 73 53 17
99 177 17 8 8
100 199 31 21 8
101 372 57 46 9
102 487 59 44 15
103 442 64 55 5
104 795 75 58 14
105 193 20 22 5
ll0 465 56 42 12
Absentees
TOTAL 7,577
PERCENT 11.5%
28 21 7
877 591 231
MARCH 3, 1981
COUNCIL
WARD REGISTERED VOTES
NO. VOTERS CAST
MEASURE "A" MEASURE "B"
YES NO YES NO
MEASURE "C"
YES NO
I 4,689 1,136 720 265 696 286 666 308
2 6,079 887 621 242 562 296 582 269
3 6,873 1,909 1,386 369 1,248 483 1,232 487
4 6,601 1,901 1,230 448 1,075 589 1,052 595
5 6,999 923 684 199 594 287 616 256
6 10,771 930 764 142 651 246 674 217
7 7,577 877 581 236 495 315 478 324
**Absentees 306 223 58 197 85 181 102
TOTAL 49,589 8,563 5~986 1,90~ 5~321 2,502
MEASURE "F" MEASURE "G"
YES NO YES NO
COUNCIL
WARD REGISTERED VOTES
NO. VOTERS CAST
5,300 2,456
MEASURE "H"
YES NO
1 4,689 1,136 647 276 646 288 668 271
2 6,079 887 606 238 585 274 620 229
3 6,873 1,909 1,248 438 1,260 445 1,370 333
4 6,601 1,901 1,099 50~ 1,079 535 1,195 431
5 6,999 923 623 244 601 269 670 199
6 10,771 930 716 169 685 205 757 132
7 7,577 877 537 261 536 273 562 244
MEASURE "D"
YES NO
MEASURE "E"
YES NO
**Absentees 306 199 77 190 89
643 330 696 238
565 288 630 220
1,223 472 1,358 329
1,050 573 1,198 408
599 277 678 201
690 208 764 135
481 326 553 249
187 89 218 59
5,251 2,474
5,877 1,780
TOTAL 49,589 8,563 5,476 2,127 5,392 2,289
MEASURE "I"
YES NO
590 361
318 555
707 1,087
636 1,077
303 597
382 523
341 495
225 55 145 140
5,842 1,839
3,277 4,695
PERCENT 17.2%
**Absentee votes included in total for each Ward
Bakersfield, California, March ll, 1981 - Page 21
247
Adoption of Resolution No. 17-81 of
the Council of the City of Bakers-
field declaring the results of Canvass
of Returns of the General Municipal
Election for the Office of Councilman
in the First, Third, Fourth and
Seventh Wards in the City of Bakers-
field and the Special Municipal
Election for Measures "A" through
"I", held on the 3rd day of March,
1981.
Upon a motion by Councilman Barton, Resolution No. 17-8].
of the Council of the City of Bakersfield declaring the results of
Canvass of Returns of the General Municipal Election for the Office
of Councilman in the First, Third, Fourth and Seventh Wards in the
City of Bakersfield and the Special Municipal Election for Measures
"A" through "I", held on the 3rd day of March, 1981, was adopted
by the following roll call vote:
Ayes: Councilmen Ratty, Strong, Barton, Christensen, Means,
Payne
Noes: None
Absent: Councilman Miller
The results of the General Municipal Election were as
follows:
WARD NO. 1:
Vernon David Strong
Lawrence Wandick
758
317
WARD NO. 3:
Robert N. "Rob" Miller 713
G. Tony Ramirez 230
Arthur L. "Art" Rockoff 943
WARD NO. 4:
Jack J. Duncan 339
Benjamin D. Phipps 644
Donald K. Ratty 838
Henry Lee Crisp Robinson II 50
WARD NO. 7:
James J. Barton 591
Mary Ann Rohde 231
Bakersfield, California, March 11, 1981 - Page 22
follows:
The results of the Special Municipal Election were as
YES NO TOTAL
Measure "A" 5,986 1,901 7,887
Measure "B" 5,321 2,502 7,823
Measure "C" 5,300 2,456 7,756
Measure "D" 5,251 2,474 7,725
Measure "E" 5,877 1,780 7,657
Measure "F" 5,476 2,127 7,603
Measure "G" 5,392 2,289 7,681
Measure "H" 5,842 1,839 7,681
Measure "I" 3,277 4,695 7,972
The following persons are hereby declared to be elected
to the office of City Councilman for a full term o£ four years:
follows:
V~RNON DAVID STRONG
FIRST WARD
ARTHUR L. ROCKOFF
THIRD WARD
DONALD K. RATTY
FOURTH WARD
JAMES J. BARTON
SEVENTH WARD
The results of the Special Municipal Election were as
MEASURE "A" PASSED
MEASURE "B" PASSED
MEASURE "C" PASSED
MEASURE "D" PASSED
MEASURE "E" PASSED
MEASURE "F" PASSED
MEASURE "G" PASSED
MEASURE "H" PASSED
MEASURE "I" DEFEATED
This is the time
HEARINGS
set
for public hearing regarding amend-
ment to the Land Use Element of the Bakersfield Metropolitan Area
General Plan concerning the following general areas:
Segment I:
The City of Bakersfield has applied
to change the Low Density Residential
designation for approximately 321
acres surrounding the Bakersfield
Airpark.
Bakersfield, California, March ll, 1981 - Page 23
249
Segment III:
Segment IV:
The City of Bakersfield has applied to
change land use designations at forty-
one locations in order to conform to
existing land use and/or zoning. These
changes apply to nearly 390 acres
located in various areas of Southwest
Bakersfield.
Portfolio Properties has applied to
change the Low Density Residential
designation to Commercial for 18+
acres, and to Industrial for 150T
acres located north and east of The
Arvin-Edison Canal, south of the
Southern Pacific Railroad and west of
Stine Road coincident with the proposed
Panama Lane No. 3 Annexation request
(520 acres).
This hearing has been duly advertised
owners have been notified as required by law.
and the property
The Planning Commission approved the Negative Declaration
for Segment III, and recommended approval of Segments I, III and
IV, provided certain conditions are met on Segment IV, as delineated
in Planning Commission Resolution No. 46-80.
Mayor Shell declared the hearing open for public partici-
pation on Segment I.
Mr. Bill Lewis, representing Bakersfield Airpark, speaking
in favor of Segment I, stated he felt what is before the Council
tonight is the most equitable thing for all concerned.
Mr. Warren Martin, resident near Bakersfield Airpark,
spoke in opposition to Segment I.
No further protests or objections being received, and no
one else wishing to speak in favor, Mayor Shell closed the public
portion of the hearing for Council deliberation and action on Segment
I.
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, the public portion of the
hearing was closed for Council deliberation and action on Segment
III.
Bakersfield, California, March 11, 1981 - Page 24
Mayor Shell declared the hearing open for public partici-
pation on Segment IV.
Mr. Simon Eisner, representing Portfolio Properties and
speaking in favor of Segment IV, commented on the future develop-
area and requested that this General Plan Amendment
ment of this
be granted.
~s.
several questions about
field.
Mr. Tom Kovak,
Stephanie McCormick, Planning Commissioner, asked
funding wastewater facilities in Bakers-
Engineer with the California Regional
Water Quality Control Board, Central Valley Region, answered
questions about the status of Federal Grants for wastewater
facilities and suggested that Bakersfield immediately try to get
placed on the State Water Resources Control Board's priority list
for funds.
No protests or objections being received and no one else
wishing to speak in favor, Mayor Shell closed the public portion of
the hearing for Council deliberation and action on Segment IV.
Councilman Ratty made a motion to adopt the resolution
approving Segments I, III and IV of proposed Amendments to the
Land Use Element of the General Plan.
Councilman Strong requested a consensus of the Council
on each Segment, separately, so he could voice his opposition to
Segment I.
Ayes:
Noes:
Absent:
Ayes:
Noes:
Absent:
Consensus of the Council on Segment I,
Councilmen Ratty, Barton, Means, Payne
Councilman Strong
Councilmen Christensen, Miller
Consensus of the Council on Segment III,
Councilmen Ratty, Strong, Barton, Means,
None
Councilmen Christensen, Miller
as follows:
as follows:
Payne
Bakersfield, California, March ll, 1981 - Page 25
25!i
Ayes:
Noes:
Absent:
Consensus of Council on Segment
Councilmen Ratty, Strong, Barton,
None
Councilmen Christensen, Miller
IV, as follows:
Means, Payne
Miller
clarifying his vote, stated he was
but is in opposition to Segment I.
Councilman Ratty's motion that Resolution No. 18-81 of
the Council of the City of Bakersfield making findings, adopting
a Negative Declaration on Segment III, and approving Segments I,
III, and IV of proposed Amendments to the Land Use Element of the
Bakersfield Metropolitan Area General Plan, be adopted, carried
by the following roll call vote:
Ayes Councilmen Ratty, Strong, Barton, Means, Payne
Noes None
Absent: Councilmen Christensen,
Councilman Strong, in
in favor of Segments III and IV,
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Barton, the meeting was
adjourned at 10:30 P.M.
YOR o~~C' y ' d,
MAYOR of t Cit/~f aker~
Calif.
ATTEST:
ma
Bakersfield, California, March 16, 1981
Minutes of a regular meeting of the Council of
of Bakersfield, California, held in the Council Chambers
Hall at 8:00 P.M., March 16, 1981.
The meeting was called to order by Mayor Shell,
the City
of City
followed
by the Pledge of Allegiance and Invocation by Rabbi Steven Peskind
of TemF!e Beth El.
The City Clerk called the roll as follows:
Present:
Mayor'~She~I. Councilmen Strong, Means,
Councilman Miller
Minutes of the regular meeting of March 4,
Absent~,
approved as preented.
ADJOURNMENT
There being no further business
Council,
adjourned.
Office to
Barton, Christensen,
Payne, Ratty
1981 were
to come before the
upon a motion by Councilman Barton, the Council was
NEWLY ELECTED COUNCIL MEMBERS SWORN
IN BY ASSISTANT CITY CLERK.
Assistant
the following newly elected Councilmen:
City Clerk Anderson administered the Oath of
Councilman First Ward
Councilman Third Ward
Councilman Fourth Ward
Councilman Seventh Ward
Vernon D. Strong
Arthur L. Rockoff
Donald K. Ratty
James J. Barton
Mayor Shell convened the new Council at this
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Barton, Christensen, Means,
Payne, Ratty, Rockoff, Strong
Absent: None
time:
ELECTION OF VICE-MAYOR
Upon a motion by Councilman Ratty, Councilman James J.
Barton was elected to the Office of Vice-Mayor of the City of
Bakersfield.
APPOINTMENT OF COUNCIL'S REPRESENTATIVE
TO THE PLANNING COMMISSION.
Upon a motion by Councilman Barton, Councilman Thomas A.
Payne was appointed as the Council's representative to the Planning
Commission.
Bakersfield, California, March 16, 1981 - Page 2
2. 3
APPOINTMENT OF COUNCIL'S REPRESENTATIVE
TO THE KERN COUNTY COUNCIL OF C~VERNMENTS.
Upon a motion by Councilman Barton, Councilman Donald K.
Ratty was appointed as the Council's representative to the Kern
County Council of Governments.
DEFERRAL OF APPOINTMENT OF COUNCIL'S
LEGISLATIVE REPRESENTATIVE.
Councilman Barton requested that the appointment of the
Council's Legislative representative be deferred until such time
as a decision is made whether or not a Legislative Committee will
be appointed.
SCHEDULED PUBLIC STATE~ENTS
Angela Mitchell, President of the Kern County Chapter of
California Women for Agriculture, stated Thursday, March 19, 1981,
is National Agriculture Day in Bakersfield and presented baskets of
Kern County produce to the Council and staff.
Mr. Virgil Wilson, 1508 Moreland Way, introduced the
Emerson Junior High School Basketball Team, who will be partici-
pating in the Hawaii-California Easter Classic, April 13-19, 1981,
in Honolulu, Hawaii, and requested that Mayor Shell and the Council
send a gift of appreciation.
Mayor Shell assured Mr. Wilson that a gift of appreciation
would be sent.
CORRESPONDENCE
Upon a motion by Councilman Ratty, communications from
Carpenter, Kuhn, Williams & Sprayberry and Henderson & Garner,
Certified Public Accountant firms, regarding annual audit of the
City of Bakersfield for Fiscal Year ending June 30, 1981, was
received and referred to the Budget Review and Finance Committee
for study and recommendation.
Upon a motion by Councilman Ratty, communication from
the Westbluff Court Property Owners, dated March 13, 1981, re-
questing that the City accept, for maintenance, the portion of
Bakersfield, California, March 16, 1981 - Page 3
Westbluff Court which is located outside Tract No. 3538, located
along the southerly edge of Panorama Park and adjacent to Panorama
Drive, was received and referred to staff for study and recommendation.
Upon a motion by Councilman Barton, communication from
the City of San Bernardino to the Mayor, dated March 10, 1981,
requesting opposition to Assembly Bill 112 (Lockyer), which would
require Charter Cities to submit their projects and financing plates
for the issuance of Industrial Revenue Bonds to a State Advisory
Commission, was received and ordered placed on file. ~ayor Shell
stated Assemblyman Rogers has reported that
drop this legislation.
Upon a motion by Councilman Payne,
Rosedale - Rio-Bravo Water Storage District,
the author is going
communication from
dated February 17,
1981, regarding the Proposed Negative Declaration in regards to
the contract and implementation thereof between the City of Bakers-
field and Olcese Water District, was received and referred to staff.
COUNCIL STATEMENTS
Councilman Ratty thanked the people who helped with his
campaign.
Councilman Barton thanked the Council for giving him the
opportunity to serve as Vice-Mayor of the City of Bakersfield.
Appointment of Council Standing
Committees.
Councilman Barton proposed the appointment of the following
Council Standing Committees.
AUDITORIUM-RECREATION
J.M. "Chris" Christensen, Chairman
Arthur L. Rockoff
John M. Means
BUDGET REVIEW AND FINANCE
Arthur L. Rockoff, Chairman
Donald K. Ratty
John M. Means
BUSINESS DEVELOPMENT AND PARKING
James J. Barton, Chairman
Thomas A. Payne
Arthur L. Rockoff
ENERGY COMMITTEE
John M. Means, Chairman
Donald K. Ratty
Arthur L. Rockoff
GOVERNMENTAL EFFICIENCY
AND PERSONNEL
Thomas A. Payne, Chairman
James J. Barton
Vernon D. Strong
INTERGOVERNMENTAL RELATIONS
Vernon D. Strong, Chairman
J.M. "Chris" Christensen
Donald K. Ratty
Bakersfield, California, March 16, 1981 - Page 4
VOUCHER APPROVAL
John M. Means, Chairman
J. M. "Chris" Christensen
Vernon D. Strong
WATER AND CITY GROWTH
Donald K. Ratty, Chairman
James J. Barton
Thomas A. Payne
Upon a motion by Councilman Barton, the assignment of
Council Standing Committees, as proposed, were approved. Council-
man Strong voted in the negative on this motion.
Councilman Rockoff thanked the voters of the Third Ward
for their support. He also stated there will be times when decisions
he makes will not be popular, but assured the residents that they
will be made for the benefit of Bakersfield, as he sees the problems.
He expressed his hope that the Council can work in a harmonious
manner for the benefit of the City.
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Chapter 1.30 to the Municipal
Code creating the Bakersfield Water
Board, and establishing the powers
and duties of said Board.
Upon a motion by Councilman Barton, first reading was
considered given an Ordinance of the Council of the City of Bakers-
field adding Chapter 1.30 to the Municipal Code creating the
Bakersfield Water Board and establishing the powers and duties of
said Board, by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff, Strong
None
None
Councilman Barton presented an ordinance
from the City of
Arcadia that declares the commercial exploitation of lewd motion
picture films and publications to be a public nuisance and requested
staff to redraft it in the City of Bakersfield's form and furnish
copies to each Councilman for review and consideration at the
meeting of March 25, 1981.
City Attorney Oberholzer stated there are some constitu-
tional issues in this ordinance that are currently being tested in
Bakersfield, California, March 16, 1981 - Page 5
court, but it will be reviewed by the Attorney's Office and either
a report will be made or a draft of the ordinance furnished to each
Councilman.
Councilman Payne commended Mr. Virgil Wilson on his
unselfish and continuous devotion to our youth and wished the
Emerson Junior High School Basketball team luck on their game
that is coming up.
Councilman Ratty stated, in regards to the Senior Citizens
Center, the Intergovernmental Relations Committee met on Friday,
March 13, 1981, to review the latest draft from the Kern County
Economic Opportunity Corporation. After reviewing the document
and discussing available alternatives, the Committee unanimously
concluded that the entire Council should participate in the
resolution of this matter. Due to the fact that a decision must
be reached quickly it is requested that tonight's meeting be
recessed until Wednesday, March 18, 1981, at 8:00 P.M.
Councilman Means stated he will be out of town Wednesday,
but would make his input known to various Councilmen.
Councilman Strong requested that Mr. Virgil Wilson leave
a name and address where contributions could be sent that will aid
the Emerson Junior High School Basketball team's trip to Hawaii.
Mr. Wilson stated contributions should be sent to the
following address:
The
(a)
(b)
(c)
Dr. Jerry C. Fox
234 Baker Street
CONSENT CALENDAR
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 5531 to 5672,
inclusive, in the amount of $344,433.56.
Claim for Damages from Mark C. Comer and
Melody L. Comer, 822 Niles Street, Bakers-
field. (Refer to City Attorney)
Claim for Damages from Jack Quaile and
Betty Quaile, 5500 Wonder Lane, Bakersfield.
(Refer to City Attorney)
Bakersfield, California, March 16, 1981 - Page 6
2. 7
(d)
Claim for Damages from The Farmers Insurance
Group on behalf of Carolyn Bryant, P.O. Box
2285, Bakersfield. (Refer to City Attorney)
(e)
Application for Encroachment Permit from
Bob Loflin, 7017 Setter Court, for con-
struction of a 4 foot high steel tube
fence on top of existing retaining wall
at the southeast corner of Setter Court
and E1 Rio Drive.
(f)
Request from Culligan Water Conditioning,
ll6 Baker Street, for annexation of pro-
perty located on the southwest corner of
White Lane and Union Avenue, containing
7.5 acres of land. (Refer to Planning
Commission for study and recommendation)
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e) and (f) of the Consent Calendar, were adopted by the
following roll call vote:
Ayes:
Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff, Strong
Noes: None
Absent: None
ACTION ON BIDS
Upon a motion by Councilman Christensen, low bid of Micon,
in the amount of $17,197, for construction of Utility Conduits and
Pipelines for the South Wing Addition to the Bakersfield City Hall,
was accepted, all other bids rejected and the Mayor was authorized
to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 2631 New
Series amending Title Seventeen of
the Municipal Code of the City of
Bakersfield by changing the Land Use
Zoning of that certain property in
the City of Bakersfield located on
the west side of South "B" Street,
between Pacheco Road and Faith Avenue.
The application for this amendment was initiated by the
Planning Commission and would change subject property from an R-1
(One Family Dwelling) Zone to a C-1-D (Limited Commercial - Archi-
tectural Design) Zone.
Upon a motion by Councilman Barton, Negative Declaration
and Ordinance No. 2631 New Series amending Title Seventeen of the
Bakersfield, California, March 16, 1981 - Page 7
Municipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
on the west side of South "H" Street, between Pacheco Road and
Faith Avenue, finding said zoning consistent with the General Plan,
were adopted
Ayes: Payne, Ratty,
Noes:
Absent:
Abstaining:
by the following roll call vote:
Councilmen Barton, Christensen, Means,
Strong
None
None
Councilman Rockoff
NEW BUSINESS
Approval of Agreement between Cali-
fornia Water Service Company and the
City of Bakersfield for installation
of water mains and fire protection
facilities for Parcel Map No. 3930.
Sufficient funds were collected from the developer's
bonding company for the project. This action was necessary due to
the developer's failure to complete the improvements. Because the
installation is being made to California Water Service Company's
system, it is requested that the normal bidding procedure be
waived. The Engineer's estimate for this work is $132,000.
Upon a motion by Councilman Payne, normal bidding pro-
cedures were dispensed with, in accordance with Section 5.20.060
of the Municipal Code, and Agreement between California Water
Service Company and the City of Bakersfield for installation of
water mains and fire protection facilities for Parcel Map No. 3930,
was approved and the Mayor was authorized to execute same.
Approval of request from Mr. Robert
King to relocate a sign on property
located at 815 Real Road.
This 70 foot high sign for the Rodeway Inn must be moved
because of additional building construction on the parcel. This
request, if approved, would permit the sign to be moved approxi-
mately 300 feet to the north property line of the same parcel. The
relocation request requires approval of the City Council because
the sign exceeds 50 feet in height.
Bakersfield, Cali£ornia, March 16, 1981 - Page 8
259
Upon a motion by Councilman Means, request from Mr.
King to relocate a sign on property located at 815 Real Road,
approved by the following roll call vote:
Ayes:
Councilmen Barton, Christensen, Means, Payne, Ratty,
Rockoff, Strong
Noes: None
Absent: None
Mayor Shell declared a brief recess at 8:45 P.M. and
reconvened the meeting at 8:47 P.M.
Joint Meeting between the City Council
and Redevelopment Agency for review
and consideration of the 1981 Urban
Development Action Grant (UDAG)
Application for the Downtown Retail
Center.
The meeting was called to order by Mayor Shell.
Mayor Shell announced that Councilman Payne would not
participate in the following matter due to a real or imaginary
conflict of interest.
Agency Chairman Casper called the Redevelopment Agency
Special Meeting to order.
Present:
Absent:
Robert
was
The City Clerk called the roll of the Agency as follows:
Agency Members Casper, Foth, Bilas, Mooneyham, Winer
Agency Members Lewis, Puder
Director of Fire & Development Services Needham stated
the purpose of this meeting is that the Department of Housing and
Urban Development (HUD), who administers the UDAG Program, is
requesting further assurances from the Council & Redevelopment Agency
regarding the $7,500,000 UDAG Application the City has submitted.
With the aid of a map, Mr. Needham pointed out the following changes.
The 40 acre shopping center site, as previously designed (bounded
on the east by "Q" Street, on the west by "L" Street, on the north
by 23rd Street and on the south by 20th Street), has been changed
to a different configuration. It is now approximately ll acres
smaller. The site now proposed in the UDAG Application is approxi-
mately 29 acres and the west boundary line has been changed to "M"
Street.
Bakersfield, California, March 16, 1981 - Page 9
Mr. Needham introduced the following persons:
~lr. Cal Hollis, representing the firm of Katz,
Hollis, Coren & Associates, Financial Consultants
for the Redevelopment Agency.
Mrs. Marjorie Friedlander, Special Counsel for
the Redevelopment Agency.
Mr. Tim Kelly, representing Keyser Marston
Associates, Inc., Land Use Analyst.
Mr. Dan Donahue, President of John S. Griffith
Company, developers of the project.
Mrs. Marjorie Friedlander, Special Counsel for the
Redevelopment Agency, stated the Council decided, last July, to
approve the submission of a UDAG Application. The original agree-
ment between the Bakersfield Redevelopment Agency and developer,
John S. Griffith Company, goes back even further than that. The
Joint Development Agreement was negotiated and approved by the
Redevelopment Agency in December, 1979. The public budget, as it
appeared at that time, looked as though there would be a gap in the
ability of the Agency to meet all the necessary public costs. At
that time a determination was made to approach the Department of
Housing and Urban Development (HUD), to seek an Action Grant to
£ill that gap, so it would be possible to bring about the substantial
private investment of funds as proposed by the John G. Griffith
Company in order to develop the downtown retail center. The UDAG
Program is fairly new. It is an off-shoot of the Community Develop-
ment Block Grant Program, which makes sums of money available for
various kinds of activities in eligible communities. Bakersfield
is an eligible community and, as such, can apply for an Urban
Development Action Grant, and that is what we have been trying to
process since last July. The information submitted in July was
considered in September and a decision was reached, at that time,
that there was not sufficient information available to the UDAG
Program in terms of clear and firm commitments from each of the
participants for them to decide to fund it. It appeared that it
was a project that would be eligible for funding provided a sufficJLent
Bakersfield, California, March 16, 1981 - Page 10
set of commitments could be put together. The UDAG Program requires
that every single component, that is identified as something to be
included in the final project, be supported by a letter of commit-
ment or intent from the developer, participating department stores
and the developer's lender. At the same time it must be shown how
the public sectors' contribution is going to be financed. Each one
of those items must be documented and part of the file. Those
letters are not commitments forever, each time the project is held-
over for a quarter each one needs to be updated. Following the
September review we were advised that the application would be held-
over for review in December. Between the time the submission was
completed in September and the December quarter there were some
changes in the circumstances that the developer had to confront.
The major change was a decision by one of the department stores,
that originally intended to build his own store, to have the developer
build that store for him and then lease it from the developer. That
made a very substantial difference in the ability of the developer
to undertake the project, because that was a change in his private
cost. The situation was evaluated by the Agency's consultants,
Keyser Marston Associates, and it was determined the developer would
no longer be able to afford the original land price that he had
proposed to pay. The reasonable cost to the developer for that
opportunity was substantially less. That meant that the Redevelop-
ment Agency would have a smaller sum of money from the sale of land
that it was to acquire for the shopping center. Therefore, there
would be a problem getting the Agency to provide sufficient funds
to carry out its obligations. The developer went back to look at
the site to see what could be done to reduce the cost to the
Redevelopment Agency so that no additional funds would be required
from the Agency in order to fulfill its obligation. At that point
Mr. Cal Hollis became involved. He reviewed what was now being
asked of the Agency. A way was worked out so that the Agency could
Bakersfield, California, March 16, 1981 - Page
continue to participate and assemble a site within the budget
limitations that existed. A proposal was made to reduce the site
which would reduce the cost of acquiring the land and relocating
the occupants of that site. It became necessary to pull all that
together, rather hastily, so that when the time came for the
December review we did not have every letter in place and HUD held
the proposal over for the March review period.
This is a rather dynamic process. The figures do not
remain the same, things are always changing and we are trying to
keep the UDAG Program people advised of where the project stands
at the present time. Each quarter the costs and sources of income.
need to be verified to make sure they are still true or revised to
bring them up to date. The project is substantially the same except,
at this point, instead of
there are three.
Mr. Dan Donahue,
four department stores being committed
President of John S. Griffith Company,
stated when the plans were first submitted they encompassed three
additional City blocks, to the west of the project as it is now
proposed. There were also two other parcels to the north, running
south of Highway 178. In the original scheme there were five
department stores, however, because of problems encountered by
Montgomery Wards, in their capital expenditure budgets, they were
deleted from the project. As a result John S. Griffith Company has
finalized agreements with their joint venture partners. The May
Company has a proposal for a 2 level store of 120,000 square feet.
Gottschalk's is planning a 80,000 square foot store, which may be
expanded to 90,000 square feet. Today verbal approval was received
from J. C. Penney's for a 2 level 136,000 square foot store. There
is also a site in the middle of the center for a fourth major store,
2 levels with 80,000-90,000 square feet, and that will be deter-
mined as the development goes ahead. There are four or five potential
prospects for this site. The remainder of the center will contain
Bakersfield, California, March 16, 1981 - Page 12
271,000 square feet and have approximately 125 shops. The entire
center will be two levels with four major department stores and
125 shops. There will also be a 2 level, 3,500 car parking structure.
Mr. Donahue then explained the traffic patterns around the shopping
center and parking structure.
Mr. Tim Kelley, representing Keyser Marston Associates,
Inc., stated when the original UDAG Application went out, before
the project changed, the land disposition value was estimated at
$7,000,000 with the parking lease. Now the value is $3,000,000.
There are a couple of major differences in the proposal. There
will be one less department store and one department store has
decided against building their own store. They will have the
developer build it and then lease it back from them. Other than
that the mall shop space is exactly the same as before. In the
last year, with interest rates going up, the department store took
the position that they were not going to absorb the increase, the
developer will, and they will pay a fixed rent. The parking lease
payment originally was $800,000 going to $900,000, and now it will
be $722,000 going to $812,000. The reduction is due to the omission
of one department store and pro rata reduction across the board for
that store. In essence we feel the developer is paying a reasonable
price, given the risk of the center, and the major changes were not
unique.
Mr. Cal Hollis, President of Katz, Hollis, Coren &
Associates, Financial Consultants for the Redevelopment Agency,
stated they have been working with the Redevelopment Agency and
City of Bakersfield throughout this UDAG process. The changes that
have been explained this evening have caused significant changes in
the way a financing plan has been developed in order to put this
together. The financing plan that is now proposed, for your
consideration and explained in the information contained in the
agenda package, is one which we feel is viable. It is one that
meets the needs of this particular development, both from the
BakerSfield, California, March 16, 1981 - Page 13
Agency's and City's perspective. What is being asked tonight is
to basically give the staff permission to continue with the UDAG
process, meaning completing this quarter's filing. The staff needs
the Council's and Agency's input and that can be accomplished
through the resolutions presented tonight £or adoption. Tonight
is not the final decision, there will be a number of decisions
later.
The basic financing for this project is coming from thr~.e
areas: (1) the developer who will pay the Agency $3,000,000 and an
annual parking lease payment of $722,000 for the first four years,
going to $812,000 for the balance of the lease; (2) the Federal
Government is being asked to grant the City of Bakers£ield $7,500,000;
and (3) the Redevelopment Agency is asking to use tax increments,
generated by this development and other developments within the
redevelopment project area, to fund the project. The primary
mechanism for funding this project is a debt instrument called a
Lease Revenue Bond. It is the exact type of financing used for the
"K" Street Parking Garage. The Redevelopment Agency issues Lease
Revenue Bonds to fund part of the acquisition and construction of
the parking facility. This facility will be publicly owned by the
Redevelopment Agency. The City will lease that garage from the
Redevelopment Agency and agree to make an annual lease payment equal
to debt service on the bond that was sold to finance the facility.
The developer will agree to sublease the parking facility from the
City and maintain and operate it at their cost. These leases
typically run for a term of no less than 25 years and very often
go to 50 years, with additional rights to extend the term. This
will be a major long-term lease. The difference between what the
developer pays the City and what the City must pay in its annual
lease payment will be reimbursed to the City, annually, from tax
increments generated by this development and other developments
within the project area.
Bakersfield, California, March 16, 1981 - Page 14
2f 5
This is the primary mechanism by which bonds will be
sold for a total of $15,395,000,
City of Bakersfield.
Additional portions of
secured by the lease from the
the financing, beyond the
$15,395,000 and in addition to the $3,000,000 the developer is
paying, includes $7,500,000 in UDAG funds, $1,198,000 of interest
earnings (interest earned on the bond proceeds during the acquisition
and construction period), and a doferred compensation to the City
of Bakersfield for the property owned by the City within the retail
center site area. That site is tentatively valued at $500,000.
This financing assumes that the City will convey that property to
the Agency and that the Agency will book that into their accounts
as a debt to be repaid at such time as tax increments are available.
The final piece of financing, or source of funds, is funds
that the Agency currently has on hand in its unappropriated balance.
The sum of $1,156,000 has been allocated to this project and this
is from cash the Agency currently has on hand that is not appropriated
for other uses.
The largest cost item is the acquisition of the property.
In the summer of 1980 the Agency commissioned four local Real
Estate Appraisers to appraise the entire 40 acre site. That was
completed and the estimate, at that time, for acquisition was
$16,020,000. We have, since that time, reduced the site to 30
acres and reduced, from the original appraisal total, those blocks
that were excluded from the site and applied an inflation factor
to the remaining balance. That is how we arrived at the $12,607,000
that is now the current estimate for acquisition.
The relocation cost was formally estimated by the Agency's
Relocation Consultants, Port & Flor, at $3,421,000. We asked them
to look at the revised site and revise their estimate to reflect a
smaller site. The estimate is now $3,145,000. That also includes
an escalation for the passage of time.
Bakersfield, California, March 16, 1981 - Page 15
Demolition-site preparation and on and off site improve--
ments have been re-estimated, as of this month, by the City staff
and those figures have been used.
The garage facility will be a very simple structure, one
level above grade. The developer obtained an estimate, this week,
for that parking facility at $6,000,000. In negotiations with the
developer it has been the Agency's position that any increase above
the $6,000,000 would be the developer's responsibility.
The last major item of cost is $4,600,000 and called
funded interest or sometimes called prefunded interest or capitalized
interest. The Agency will sell the bonds 2 years prior to the time
the facility is completed and the City cannot start making lease
payments on a facility that does not exist. During that 2 year
period the bond holders will expect to be paid interest on the money
they are loaning to the Redevelopment Agency. It is standard practice,
in a situation like this, to use bond proceeds to pay interest
during this period. In a private development nomenclature that
would be referred to as construction interest. It is money that
is borrowed to pay interest during construction period. While the
borrowed money is being held by the Agency it is invested and earns
interest and that interest is available to the Agency for this
project. That interest is estimated to be $1,198,000.
The total amount of capital being invested, either directly
contributed by the private sector or supported by private sector
payments, is $72,545,000, or 84% of all the money being put into
the project. The Redevelopment Agency is placing $1,156,000 of its
own funds into the project and issuing bonds, supported by tax
increments from the balance of the project area, in the amount of
$3,057,000, for a total of $4,200,000 of public funds not supported
by this particular development. The City of Bakersfield is asked
to put in $500,000, in the form of land it currently owns. The
Federal Government is asked to put in $7,500,000 of UDAG funds.
Bakersfield, California, March 16, 1981 - Page 16
267
Interest earnings of $1,198,000. The total from all sources is
just under $86,000,000.
Mr. Skip Witham, representing the Downtown Business
Association, asked a question about funds generated by the Redevelop-
ment Agency within the Downtown Improvement District.
Mr. Larry Moxley, Chairman of the Governmental Review
Committee of the Chamber of Commerce, stated they wholeheartedly
support this project and are present tonight to encourage the
Council and citizens to stand behind the project.
Mr, John Corcoran, 201 Wetherly Drive, stated he is
concerned about what this project will ultimately cost the City o£
Bakersfield and asked several questions about the public financing
of the project over a 25-50 year length of time.
Agency Member Bilas expressed his concerns about the
entire project, not the initial funding or UDAG funds, but the
long-term prospect for survival of the downtown mall. Dr. Bilas
stated he is scared to death of public-private enterprises, because
they become public enterprises. The free enterprise system should
be preserved in its purest form, if possible. His philosophical
belief is that subsidies are not necessary. He stated he is all
for what is being done, but not at a cost to the taxpayers of the
City of Bakersfield or the U.S.A.
Councilman Christensen, speaking in opposition, made the
following prepared statement and requested that it be spread in the
minutes:
It seems paradoxical, if not hypocritical, that
some of the people in our community who strongly
support a program to get government out of
business, even voted for a President who chafed
at the bit and said that, have suddenly changed
their minds and want this Council to support a
request for $7,500,000 of Federal grant to
build a downtown mall. It seems that the
guiding principal of whether government should
be in business or not, is whether it is pro-
fitable for a particular individual or a group.
A great philosopher once stated that "truth is
truth so long as it works, when it no longer
Bakersfield, California, March 16, 1981 - Page 17
works it is no longer truth." When private
enterprise has to call on government for help
then private enterprise is no longer working
or truth. It was Shakespeare who, through one
of his characters stated "Oh consistency, thou
art a jewel," philosophy. The government is
like a dope pusher today, he has made everyone
become addicted. This applies to conservatives
and liberals alike. In looking at the audience
I've never seen so many conservative solialists
sitting out there. How in good conscience can
the government cutoff the income of needy
children and turnaround, giving millions to
the business community for beautification,
expansion and not for survival. Beautification
should be left up to the individual owner and
not milked out of the taxpayer. In conclusion,
I should like to state the pushers or advocators
of the downtown mall all have something to gain
without spending a nickel. Furthermore, want
the taxpayers to finance their speculative pro-
ject and guarantee the bonds. There is a lot
more I could say. I hope I've expressed the
honesty, the goodwill of the Second Ward. I
thank you.
During a very lengthy discussion, Mr. Tom Schriber,
Executive Vice-President of John S. Griffith Company, answered
some questions about the package for HUD for the UDAG funds and
traffic in the surrounding area.
Councilman Strong stated he is concerned about the un-
certainty of the acquisition costs. Public costs over the next
25 years will be at least $35,000,000 and the City will be liable
for another $20,000,000, in addition to all the money that has gone
into the project so far. Something should be done in this area,
but he stated he is not sure this is the answer. Councilman Strong
also stated he is not going to be rushed or stampeded into making
a decision which will be a liability on this community for the
next 25 years and he urged that every Councilman take this into
consideration.
Upon a motion by Councilman Christensen a brief recess
was declared at 11:45 P.M., in order to change the tape on the
recording equipment. The joint meeting was reconvened at 12:00
Midnight.
Upon a motion by Councilman Means the staff was requested
to prepare a Housing Plan for the Downtown Area for all income
Bakersfield, California, March 16, 1981 - Page 18
2f;9
levels with timetables and specific numbers to be presented to
the Agency and Council for approval, by the following roll call
vote:
Ayes: Councilmen Barton, Means, Rockoff, Strong
Noes:
Councilman Ratty
Absent: None
Abstaining: Councilmen Christensen, Payne
Adoption of Resolution No. 19-81 of
the Council of the City of Bakers-
field setting forth the intent of
the City Council to sell certain
real property to the Bakersfield
Redevelopment Agency and to lease
public parking facilities in con-
nection with the development of the
Downtown Bakersfield Retail Center,
subject to a condition.
Upon a motion by Councilman Barton, Resolution No. 19-81
of the Council of the City of Bakersfield setting forth the intent
of the City Council to sell certain real property to the Bakers-
field Redevelopment Agency and to lease public parking facilities
in connection with the development of the Downtown Bakersfield
Retail Center, subject to a condition, was adopted by the following
roll call vote:
Ayes
Noes
Councilmen Barton, Means, Ratty, Rockoff
Councilmen Christensen, Strong
Absent: None
Abstaining: Councilman Payne
Adoption of Resolution No. RA1-81 of
the Bakersfield Redevelopment Agency
(The "Agency") setting forth the
Agency's intent to accept a Revised
Development Proposal from Bakersfield
Associates and to issue Lease-Revenue
Bonds to finance a portion of the
public costs for the Downtown Retail
Center Development subject to certain
conditions.
Upon a motion by Agency Member Foth, seconded by Agency
Member Winer, Resolution No. RA1-81 of the Bakersfield Redevelopment
Agency (The "Agency") setting forth the Agency's intent to accept
Bakersfield, California, ~arch 16, 1981 - Page 19
a Revised Development Proposal from Bakersfield Associates and to
issue Lease-Revenue Bonds to finance a portion of the public costs
for the Downtown Retail Center Development subject to certain
conditions, was adopted by the following roll call vote:
Ayes Agency Members Casper, Foth, Mooneyham, Winer
Noes None
Absent: Agency Members Bilas, Lewis, Puder
ADJOURNMENT
Agency Chairman Casper adjourned the joint meeting
between the Council of the City of Bakersfield and Bakersfield
Redevelopment Agency at 12:10 A.M.
RECESS
Upon a motion by Councilman Means, the Council recessed
the regular meeting at 12:10 A.M., until Wednesday, March 18, 1981,
at 8:00 P.M.
MAYOR of City of Bakersfield, Calif.
ATTEST:
CITY CLEI Clerk of the Council
of the City of Bakersfield, California
ma
Bakersfield, California, March 18, 1981
27!
Minutes of a recessed meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., March 18, 1981.
The meeting was called to order by Vice-Mayor Barton,
followed by the Pledge of Allegiance.
The City Clerk called the roll as follows:
Present: ~layor SheI1 (seated at 8:05 P.M.). Councilmen Barton,
Christensen, Payne, Ratty, Rockoff, Strong
Absent: Councilman Means
NEW BUSINESS
Proposals regarding Agreement with
the Kern County Economic Opportunity
Corporation for operation of a Senior
Citizens Center.
City Manager Kelmar stated the Council and staff have
been working diligently to reach a positive solution to the project
of a Senior Citizens Center. The following are four alternatives
for Council consideration:
Accept K.C.E.O.C.'s proposal to build a
center with administrative offices, pay
$25,000 to furnish the building and pro-
vide $30,000 for operating costs.
o
Build a center without an agency operating
agreement, with the idea of securing an
operator prior to completion of construction.
Renovate California Avenue Facility to
accommodate senior programs and contract
with K.C.E.O.C. to operate the entire
facility.
o
Drop the Senior Citizens Center Project
entirely and reprogram the funds into
other eligible Community Development
activities.
HUD has imposed a deadline that requires a positive action
or face the prospect of having to reprogram the funds for another
purpose. Any decision made by the Council should be based on having
all the necessary information. Such a decision should also carry
with it the confidence that it is feasible and workable.
Alternate No. 3 is one which very recently came to the
fore, and as a result requires more analysis and study as to its
272
Bakersfield, California, March 18, 1981 - Page 2
feasibility before the Council acts on it, one way or another. Mr.
Kelmar stated he is unable to make a recommendation on Alternative
No. 3 at this time. As a result the following alternative is
offered:
The City Council authorize the staff to purchase
an option on a site for a Senior Citizens Center
and request staff to study the ramifications and
feasibility of Alternative No. 3 and report back
to the Council within 30 days.
This will preserve the integrity of the funds allocated
for the Center and provide the Council with the necessary infor-
mation on which to base its decision.
Councilman Christensen made a motion to authorize the
staff to purchase an option on a site for a Senior Citizens Center
and request staff to study the ramifications and feasibility of
Alternative No. 3 and report back to the Council within 30 days.
Mrs. Ann Rieniets, 1104 Quantico Avenue, stated they want
a new senior citizens building, one built especially for that
purpose. They want it to contain everything necessary for senior
citizens.
Geneva Burns, Volunteer Worker for the Senior Citizens
Center, read the £ollowing statement:
On behalf of the Senior Citizens in Bakersfield,
we are asking that the Multi-Purpose Senior
Citizens Funds be used to build a Multi-Purpose
Senior Center. If this money that has been
allowed to build a Senior Multi-Purpose Center
be denied then a letter will be sent to HUD
asking them to send a representative to repre-
sent this matter. We have been coming before
this City Council for the last five (5) years,
pleading and pleading for a Multi-Purpose
Center. We know the money is there, and we
want it to be spent for this purpose. We are
in our rights because the money was placed
there for this purpose. We are again asking
that you be in favor of having this center
built. We feel that if this center is allowed
to be built that it would be self-supported
with the greenhouse and the gift shop. A money
profit activity which is also available to
utilize the center, and also grant money that
are allowed under various titles.
Eunice Tate, Volunteer Worker for the Senior Citizens,
requested that the Council get the Senior Citizens Center built,
because they really need it.
Bakersfield, California, March 18, 1981 - Page 3
' 73
Mr. James Davis encouraged the Council
Citizens Center built as soon as possible.
Maudie McCampbell encouraged the Council to approve a
Senior Citizens Center near public transportation, that has easy
access.
Raymond Hawkins expressed his opposition to putting the
Senior Citizens Center in California Avenue Park Neighborhood
Facility because the young people would have no place to go.
Assistant City Manager-Personnel Russell, in answer to a
question by Councilman Rockoff, stated the staff has been assured,
by HUD, that if the City has an option to purchase the property
completed by the end of March, 1981, the money will be set aside
for that purpose.
Councilman Strong stated the senior citizens deserve the
building they want and he hopes the project moves forward without
any further delays.
Councilman Strong requested that Councilman Christensen
amend his motion to instruct the sta£f to study the feasibility of
all four alternatives, rather than isolate their attention on
Alternative No. 3.
Councilman Barton requested that when this report comes
back to the Council, within 30 days, that staff invite K.C.E.O.C.
here to respond and discuss the alternatives they are involved in,
especially Alternative No. 1.
City Manager Kelmar stated the staf£ had no intention of
limiting the study to Alternative No. 3, but that was the one he
felt, at this time, needed particular scrutiny.
Mr. Lynn Edwards requested that the four alternatives be
explained.
Mayor Shell read the alterantives to the audience.
Councilman Christensen's amended motion that staff be
authorized to purchase an option on a site for a Senior Citizens
to get the Senior
274
Bakersfield, California, March 18, 1981 - Page 4
Center and study the ramifications and feasibility of all the
alternatives and report back to the Council within 30 days, carried
by the following roll call vote:
Ayes: Councilmen Barton, Christensen, Payne, Ratty, Rockoff,
Strong
Noes: None
Absent: Councilman Means
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilman Christensen, the meeting was
adjourned at 8:35 P.M.
MAYOR of Bakersfield,
Calif.
ATTEST:
CITY CLER~~d' Off~rk of the Council
of the City of B~kersfield, California
ma
Bakersfield, California, March 25, 1981
27.
Minutes of a regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 8:00 P.M., March 25, 1981.
The meeting was called to order by Mayor Shell, followed
by the Pledge of Allegiance and the Invocation in the form of a
prayer submitted by Pastor Owen P. Jones of the Bakersfield Central
Seventh-Day Adventist Church.
The City Clerk called the roll as follows:
Present: Mayor Shell. Councilmen Christensen, Means, Payne, Ratty,
Rockoff, Barton
Absent: Councilman Strong
Minutes of the regular meeting of March 11, 1981 were
approved as presented.
Council
Mr.
about
SCHEDULED PUBLIC STATEMENTS
Jack Winter, 206 Pacific Street, addressed the
the hazards of the sodium street lights.
CORRESPONDENCE
Upon a motion by Councilman Payne,
the Kern County Museum, dated March 13, 1981,
and their families to attend the 14th Annual
Pioneer Village, April 25 & 26, 1981, was received and ordered
placed on file.
Upon a motion by Councilman Ratty,
Francis A. Moore, Jr., dated March 17, 1981,
nation from the Business Tax Appeals Board, was received, the
resignation accepted and the Mayor was requested to send a letter
of appreciation for his years of service to the City.
Upon a motion by Councilman Means, communication from
the Kern County Broadcasters Association, dated March 19, 1981,
supporting open Council Committee Meetings, was received and
ordered placed on file.
Upon a motion by Councilman Ratty, communication from
the Bank of America Building, dated March 19, 1981, regarding
communication from
inviting the Council
Heritage Days at
communication from
submitting his resig-
Bakersfield, California, March 25, 1981 - Page 2
proposed parking garage on the corner of 18th and "K" Street, was
received and referred to the Business Development and Parking
Committee and Redevelopment Agency's Parking Committee.
Upon a motion by Councilman Barton, communication from
Golden Empire Chapter of the American Institute of Architects,
dated March 20, 1981, regarding establishment of a Citizens Review
Committee to hear written appeals brought by any person regarding
action taken by the Building Department in the enforcement of
Health and Safety Code requirements for access to public accommo-
dations by physically handicapped persons, was received and referred
to the Business Development and Parking Committee.
COUNCIL STATEMENTS
In answer to a request by Councilman Christensen, Public
Works Director Hawley reported that the contract for the Chester
Avenue Undercrossing was awarded to James Francis on January 12,
1981. The project required the successful contractor to enter
into an agreement with Southern Pacific Railroad to work around
the railroad tracks. This agreement involved the contractor's
work schedules, construction of shoofly, method of shoring, bonding,
etc. There has been a problem in working out this agreement, how-
ever, a representative of the Southern Pacific Company has indicated
it is now complete and will be signed by March 30, 1981. The
Separation of Grade District has possession of all required proper-
ties. The shop building has been removed and a preconstruction
conference was held on March 13, 1981, with all utility companies,
contractor, inspectors and all interested persons regarding actual
construction of the project. The official construction time began
March 17, 1981, and the estimated completion date is around the en.~
of December, 1981.
Councilman Christensen made
the necessary correspondence to State
a motion that the Mayor writ,~
Senator Stiern and Assembly-
man Rogers expressing the Council's opposition to SB 314 (Dills),
Bakersfield, California, March 25, 1981 - Page 3
which would institute compulsory and binding arbitration in the
City's collective bargaining process.
Councilman Means offered a substitute motion that any
action on SB 314 be deferred until next week so the Council can
receive input from the public.
Councilman Christensen indicated there was an urgency
in this matter, because it is his understanding the bill will be
acted upon this month and by next week it will be too late.
Councilman Christensen then withdrew his motion.
In response to a question by Councilman Ratty, Assistant
City Manager-Personnel Russell stated, in accordance with
instructions from the Council to take an option to purchase
property for a Senior Citizens Center, the staff is proposing to
purchase an option on the Bakersfield Association of Retarded
Citizens'property near 4th and "P" Streets and groups of senior
citizens have been taken to the facility to get feedback so the
April 1st deadline can be met. The senior citizens are in agree-
ment with this option and the price is well within the range of
funds available. The staff is planning on moving ahead with the
option and would like Council concurrence.
After considerable discussion, upon a motion by Council-
man Ratty the staff was authorized to enter into an option of
$1,000 for the Bakersfield Association of Retarded Citizens'
property located at 530 - 4th Street, for a period of 45 days, by
the following roll call vote:
Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Barton
Noes: None
Absent: Councilman Strong
Upon a motion by Councilman Means, the Mayor was
authorized to submit a letter to the Public Utilities Commission
requesting that the City of Bakersfield's hearing regarding
Bakersfield, California, March 25, 1981 - Page 4
residents automatically receiving Lifeline Rates, be heard
separately from OII-77, carried by the following roll call vote:
Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Barton
Noes: None
Absent: Councilman Strong
Mayor Shell urged the Council to appoint a legislative
representative to study and make recommendations on pieces of
legislation.
REPORTS
Fire & Development Services Director Needham reported
on the status of the Fire Station Location Study, as follows:
The City-County Fire Station Location and Level
of Service Study is being conducted by the firm
of Gage-Babcock & Associates of San Francisco.
All initial data gathering was completed by
both City and County Fire Department staff and
received by Gage-Babcock & Associates in the
2nd week of January, of which they began the
analysis process right away.
On February 9, Gage-Babcock & Associates arrived
in Bakersfield to conduct the required field
work necessary for the study, which was
successfully carried out during that week. The
Gage-Babcock staff returned to San Francisco
with the data gathered in their field study,
which is presently being studied and analyzed
with the data initially sent to them by the
City and County Fire Departments.
On March 10, Mr. Paul Smith, President of Gage-
Babcock & Associates, interviewed the City
Manager and myself regarding many aspects of
the City's fire services. The following day
he interviewed County staff and other City
staff.
During a telephone conversation with Mr. Paul
Smith on Wednesday, March 18, he stated the
study is on schedule and Gage-Babcock's final
report will be submitted on or before May 31,
as per the agreement to the Intergovernmental
Relations of the City and County for their study
and recommendation to the City Council and Board
of Supervisors.
Fire & Development Services Director Needham reported
on the status of the Cost Revenue Model, as follows:
As an effort to keep the Council informed of
the cost revenue study by Quad Consultants and
Bakersfield, California, March 25, 1981 - Page 5
279
Center,
Diametrics, the staff recently met with Mr.
Harry Tow of Quad Consultants for an update,
which is as follows:
ao
Approximately 90% o£ the initial data
collection is completed relating to the
areas to be addressed by the study.
Some data refinements are presently in
progress and once the base data has been
assembled, a review by the City's Project
Management Team will take place.
Quad & Diametrics will continue to work
with City staff to attain operational
status of the model by the scheduled May
3 completion date.
The Budget Review and Finance Committee informed
the consultant that at an early and appropriate
date the Committee would like to review and
advise, if appropriate, regarding program input
and/or output parameters, and that a represen-
tative group of local developers/realtors/builders
be invited to an educational session prior to
product submittal to the Council for action.
To assure that responsible City staff and City
Council remain completely up to date on project
status during the coming weeks, the consultant
is submitting a weekly update, outlining pro-
gress and/or problems for the duration of the
project.
City Attorney Oberholzer reported on the Downtown Shopping
as follows:
Yesterday he spoke to Mary Allman of the UDAG
Office in Washington, D.C., and she indicated
that on Monday the staff made a presentation
to the Acting Assistant Secretary of HUD. In
that presentation they reported that the Bakers-
field application did not meet all of the
requirements of the UDAG Of£ice. They were
specifically concerned about Penney's commit-
ment. It was felt Penney's is an essential
store in the project. Penney's Committee on
Capital Expenditures does not meet until to-
morrow. The latest word from the City's Legal
Counsel came this afternoon and they said the
UDAG Office said to go ahead and submit the
determination from Penney's Committee on
Capital Expenditures, when completed tomorrow.
Consequently the application, as Mrs. Allman
indicated has not been officially or finally
rejected. She did indicate she felt the
application would probably be in a fundable
condition within the next couple of months,
that being in the next quarter. Their deadline
for submission this quarter was 5:15 P.M., last
Friday, March 20, 1981.
Mrs. Allman indicated that the application was
definitely closer than it has ever been and
Bakersfield, California, March 25, 1981 - Page 6
that is the result of the developer working
very hard. She also said she has never seen
an application on a large shopping center
complex go through, yet, on the first round,
because applications are generally deficient
in several areas.
One thing everyone who has worked on this
project is concerned about is that we now
have, hopefully, after tomorrow, the total
commitment from three major stores to enter
into the City of Bakersfield's Shopping Mall.
It is important that the City of Bakersfield
not lose these department stores regardless
of what happens with the UDAG application.
It is probably important that these stores
know that the Cit~ is willing to consider all
of the alternatives.
Adoption of Resolution No. 20-81 of
the Council of the City of Bakers-
field stating that the City is com-
mitted to pursuing a Downtown Retail
Center that will include May Company,
Penney's and Gottschalk's and toward
that end requests that the staff
evaluate all possible alternatives,
including further pursuit of funding
through UDAG, and further that the
staff notify May Company, Penney's
and Gottschalk's that the City is
ready to provide any feasible assistance
so that they can locate in a Downtown
Shopping Mall.
Mayor Shell announced that Councilman Payne would not
participate in this matter due to a real or imaginary conflict of
interest.
Councilman Means made a motion to adopt Resolution No.
20-81.
Councilman Christensen stated he is in favor of a down-
town mall that is built by the free enterprise system and not by
Federal funds and requested that a clause to that effect be inserted
in the resolution.
Councilman Means stated he would not include that clause
because he does not intend to eliminate that alternative.
Upon a motion by Councilman Means, Resolution No. 20-81
of the Council of the City of Bakersfield stating that the City is
committed to pursuing a Downtown Retail Center that will include
May Company, Penney's and Gottschalk's and toward that end requests
Bakersfield, California, March 25, 1981 - Page 7
that the staff evaluate all possible alternatives, including further
pursuit of funding through UDAG, and further that the staff notify
May Company, Penney's and Gottschalk's that the City is ready to
provide any feasible assistance so that they can locate in a Down-
town Shopping Mall, was adopted by the following roll call vote:
Ayes:
Councilmen Means, Ratty, Rockoff, Barton
Noes:
Councilman Christensen
Absent:
Councilman Strong
Abstaining: Councilman Payne
Councilman Christensen, in clarifying his negative vote,
stated he does not oppose the downtown mall and every advantage
possible should be taken, except using Federal funds.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 5673 to 5897,
inclusive, in the amount of $493,314.37.
(b) Notices of Completion and Acceptance of
Work for:
A. C. Pavement on portions of Gosford
Road, White Lane and Lily Drive, Contract
No. 81-7 with Granite Construction Company.
Reconstruction of Palm Street Sewer
between Myrtle Street and Pine Street,
Contract No. 80-205 with San Joaquin
Construction.
Tract No. 4220, Contract No. 80-108 with
Tenneco Realty Development Corporation,
located at White Lane and Ashe Road.
Parcel Map No. 5715, Contract No. 81-15
with Tenneco Realty Development Corpora-
tion, located at Mohawk Street, west of
California Avenue.
(c)
Application for Encroachment Permit from
Southern Pacific Transportation Company,
P.O. Box 3036, Bakersfield, for con-
struction of railroad tracks across Ashe
Road, 740 feet north of District Boule-
vard. Public Works recommends approval
pursuant to California Public Utility
Commission's requirements for new grade
crossing.
Bakersfield, California, March 25, 1981 - Page 8
(d)
Application for Encroachment Permit from
McCarthy Tank & Steel Company, 3030 "M"
Street, for construction of an 8 foot
high wall 3½ feet into the right-of-way
along west side of Jewett Avenue between
30th Street and 32nd Street. Public Works
Department recommends approval with the
condition that two large evergreen shrubs
adjacent to north end of wall are removed
for sight distance at driveway.
(e)
Contract Change Order No. 9 to Contract
No. 80-48 with Granite Construction
Company for the Truxtun Avenue Extension,
Phase I, FAU Project No. M-F 252(1).
This Change Order is necessary to widen
the levee from Station 122+00 to 139+00
from fifteen feet to twenty feet to pro-
vide additional width to facilitate vehicle
access and to construct 32 L.F. of metal
beam guard railing at Station 27+00 on
Gosford Road to conform with Caltrans
requirements. The Change Order increases
the contract $4,462.50. The total contract
price as a result of this increase is
$2,959,721.37.
(f)
Contract Change Order No. 1 to Contract
No. 81-7 with Granite Construction
Company for A.C. Pavement on portions of
Gosford Road, White Lane and Lily Drive.
This Change Order is necessary due to the
widening of Gosford Road at the Ming
Avenue intersection to comply with a
standard which was approved after the
project was under contract. The Change
Order increases the cost of the contract
$3,873.84. Total contract price as a
result of this increase is $263,950.86.
(g)
Agreement between Dean & Adah Mae Gay,
First Baptist Church and Kern River Canal
and Irrigation Company (owned by the City
of Bakersfield) providing that approxi-
mately 800 feet of 1-2-0 lateral of the
Kern River Canal and Irrigaiton Company
be converted from open-ditch to 36" RCP
buried pipeline in and along existing
easement and right-of-way,
Upon a motion by Councilman Means, Items (a), (b), (c),
(d), (e), (f) and (g) of the Consent Calendar, were adopted by the
following roll call vote:
Ayes: Councilmen Christensen, Means, Payne, Ratty, Rockoff,
Barton
Noes: None
Absent: Councilman Strong
Bakersfield, California, March 25, 1981 - Page 9
ACTION ON BIDS
Upon a motion by Councilman Ratty, bid for lease of
property located at 1611 and 1612 "S" Street, was rejected and
the Purchasing Division was authorized to readvertise for bids.
Upon a motion by Councilman Christensen, Purchasing
Division of the Finance Department was authorized to enter into
Discount Agreements with Bowman Distribution and Center Glass for
miscellaneous supplies.
DEFERRED BUSINESS
Adoption of Ordinance No. 2632 New
Series of the Council of the City of
Bakersfield adding Chapter 1.30 to
~he Municipal Code, creating the
Bakersfield Water Board, and estab-
lishing the powers and duties of said
Board.
City Attorney Oberholzer outlined several changes that
were made to the ordinance.
Councilman Rockoff questioned the wording in Section
1.30.020 Subsection 8 "and to sell" and Subsection 11 "other than
by sale."
City Attorney Oberholzer stated the wording in Subsection
8 "and to sell" should be removed.
Upon a motion by Councilman Payne, Ordinance No. 2632
New Series of the Council of the City of Bakersfield adding Chapter
1.30 to the Municipal Code, creating the Bakersfield Water Board,
and establishing the powers and duties of said Board, with the
removal of the wording "and to sell" from Section 1.30.020 Sub-
section 8 and other changes as outlined by the City Attorney, was
adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Christensen,
Barton
None
Councilman Strong
Means, Payne, Ratty, Rockoff,
Bakersfield, California, March 25, 1981 - Page l0
Approval of Negative Declaration for
proposed amendment to Agreements
between Olcese Water District and
the City of Bakersfield relating to
use o£ the City's 2,800 acre spreading
facility on the Kern River.
On November 9, 1977, the City entered into an agreement
with Olcese Water District £or the spreading and recovery of Kern
River water, which was amended on June 27, 1978. A further amend-
ment is now proposed, which would permit Buena Vista Water Storage
District to exercise certain rights now held by the Olcese Water
District to facilitate a water exchange between those entities,
which is intended to provide a supplemental firm water supply for
the Rio Bravo Annexation area. The amendment also brings the
existing agreements into conformity with recently negotiated
arrangements, which will result in the transfer of certain Kern
River water rights to the Olcese Water District. To facilitate
the exchange it also provides the Buena Vista District with limited
priority spreading and recovery rights. Action on the Negative
Declaration was continued until March 25, 1981, pending consent of
the State of California Districts Securities Division. Staff has
responded to comments made on the Negative Declaration and documented
reasons for supporting the Negative Declaration.
Letters were received from Rosedale - Rio-Bravo Water
Storage District, 2623 "F" Street, Suite L, Bakersfield, dated
March 25, 1981, and Law Offices of Greet & Alexander, ll0 Maple
Avenue, Rocky Mount, Virginia, dated March 24, 1981, opposing the
Negative Declaration.
Mr. Stanley Hatch, Special Water Counsel for the City of
Bakersfield, stated the Negative Declaration is a result of an
environmental analysis which was initially prepared by Mr. Thomas
Stetson, Consultant. It is an environmental analysis of a proposed
agreement between the Olcese Water District and City, related to
the use of the City's 2,800 acre spreading facility. The comments
received by Kern Delta and Rosedale - Rio Bravo are discussed in
Bakersfield, California, March 25, 1981 - Page ll
detail and responded to by Mr. Stetson's Office. The letter received
from Greer & Alexander indicating they are the plaintiffs in a case
of River West vs. the State of California and others which involves
a lawsuit that challenges certain water rights on the river, makes
eight separate points relating to the transfer of water rights. ]in
response to this, for the record, the transfer of water rights is
not the subject of the amendment to the contract, which is currently
being environmentally analyzed. Spreading of water by Olcese was
the subject of a contract, designated 77-07 W.B., which was environ-
mentally analyzed in 1977 and which is final. Actually water has
been spread since 1977, pursuant to that contract. It is recom-
mended that this letter along with the other letters be included in
the file relating to the Negative Declaration.
Upon a motion by Councilman Barton, Negative Declaration,
with responses to comments including amendment to project descrip-
tion, for proposed amendment to Agreements between Olcese Water
District and the City of Bakersfield relating to use of the City's
2,800 acre spreading facility on the Kern River, was approved.
NEW BUSINESS
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield commonly known as 1027
East Truxtun Avenue.
The application for this amendment was made by Domenico
J. Scatena and would change subject property from an R-3 (Limited
Multiple Family Dwelling) Zone to an M-1 (Light Manufacturing) Zone.
The Planning Commission recommended approval of the amendment.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of that certain property in the City
of Bakersfield commonly known as 1027 East Truxtun Avenue.
Bakersfield, Cali£ornia, March 25, 1981 - Page 12
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located on the west side
of South "H" Street, south of Panama
Lane, and lying on the north side of
the Arvin-Edison Canal.
The application for this amendment was made by Carl R.
Moreland and would change subject property from an "A" (Agricultural)
Zone to an R-1 (One Family Dwelling) Zone. The Planning Commission
recommended approval of the amendment.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of that certain property in the City
of Bakersfield located on the west side of South "H" Street, south
of Panama Lane, and lying on the north side of the Arvin-Edison
Canal.
First reading of an Ordinance amend-
ing Title Seventeen of the Municipal
Code of the City of Bakersfield by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located on the northeast
corner of District Boulevard and Ashe
Road.
The application for this amendment was made by Tenneco
Realty Development Corporation and would change subject property
from an M-1-D (Light Manufacturing - Architectural Design) Zone to
an M-2-D (General Manufacturing - Architectural Design Zone. The
Planning Commission recommended approval of the amendment.
First reading was considered given an Ordinance amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of that certain property in the City of
Bakersfield located on the northeast corner of District Boulevard
and Ashe Road.
Approval of Funds for construction
of Interim Wastewater Facilities at
Wastewater Treatment Plant No. 3.
Bakersfield, California, March 25, 1981 - Page 13
On March 4,
contract with P.
at Plant No. 3.
that sufficient
Fund. However,
1981, the Council authorized a $1,160,000
R. Field, Inc., to construct interim facilities
This authorization was based on the understanding
funds were available in the Southwest Sewer Bond
subsequently it was discovered only $900,000 was
available, thus resulting in a deficit of $260,000. The contract
with P. R. Field, Inc., could be changed to accept Alternate B,
which would delete the headwork modification and reduce the contract
by $280,000. However, when this portion of work is added later,
the cost will be approximately $450,000.
The staff has determined that the necessary funds are
available in the Water Department's budget and in the Sewer Enter-
prise Account from Sewer Connection Fees. Staff recommends that
these funds be used to fund the deficit. Approval is requested
for the use of $200,000 in Water Department funds and $130,000 in
Sewer Enterprise funds. The request is for an amount in excess o£
contract deficit to allow some funds £or funding contingencies and
any additional consultant engineering assistance which could be
necessary during the course of the project.
Upon a motion by Councilman Means, use of Water Depart-
ment funds, in the amount of $200,000, and Sewer Enterprise funds,
in the amount o£ $130,000, to fund construction o£ the Interim
3, was
Waterwater Facilities at Wastewater Treatment Plant No.
approved.
Approval of Agreement between the City
of Bakersfield and Thomas E. Berg £or
Construction Inspection Services on the
Chester Avenue Underpass Project.
The inspection services of Mr. Berg are necessary for
the Chester Avenue Underpass Project. This project involves major
structural work for an underpass at the Southern Pacific Railroad
and requires an inspector with special knowledge and expertise in
this type of work. Mr. Berg will inspect all phases of construction
and process all necessary forms and reports in accordance with City
Bakersfield, California, March 25, 1981 - Page 14
and State regulations. The insepction fee will be $31.00 per hour
for the duration of the project, estimated to be 10 months. Suffi--
cient funds are available in the current budget for this service.
Upon a motion by Councilman Christensen, Agreement between
the City of Bakersfield and Thomas E. Berg for Construction
Inpsection Services on the Chester Avenue Underpass Project, was
approved and the Mayor was authorized to execute same.
HEARINGS
This is the time set for public hearing be£ore the Council
on an Appeal by Kern River Development, Inc., to the decision of
the Planning Commission denying its application regarding public
access to the Kern River from Tentative Tract No. 4179-A, located
east of Rancheria Road and west of the Kern River, approximately
one mile north of Highway Route 178.
This hearing has been duly advertised and the property
owners have been notified as required by law.
Following discussion at the Planning Commission Meeting
of March 5, 1981, findings were made that no easement for public
access to the Kern River was proposed or provided by the subdivider
from a public highway through the subdivision to the river or along
the banks within the subdivision, and that no reasonable public
access to the river exists within a reasonable distance from the
subdivision. Accordingly, the Planning Commission recommended
denial of the map.
A letter was received from George W. Nickel, Jr., 6200
Lake Ming Road, dated March 24, 1981, suggesting that the public
interest would be better served if the Council appointed a committee
of Councilmen and staff members to check points brought out in the
letter and report back to the Council two weeks from tonight.
Mayor Shell declared the hearing open for public partici-
pation.
Mr. George Nickel, with the aid of a map, pointed out
some of the problems of the area and stated there is absolutely no
Bakersfield, California, March 25, 1981 - Page 15
way they could agree to the Planning Commission's requirements and
that is the reason for the appeal. Mr. Nickel stated they would
provide public access at the mouth of Cottonwood Creek and they
would provide transportation for the public to that area under a
controlled situation for public safety. He suggested that a deter-
mination or solution to the problem be found at the committee level.
Mr. Freeman J. Taylor, stated he is also very concerned
with public access to the Kern River and felt it should be retained
all along the river.
No one else wishing to speak in favor or opposition,
Mayor Shell closed the public portion of the hearing for Council
deliberation and action.
Councilman Christensen made a motion that due to a new
Supreme Court decision, that has not been received by the City
Attorney as yet, and Mr. Nickel's new proposal that the matter of
public access to the Kern River from Tentative Tract No. 4179-A,
located east of Rancheria Road and west of the Kern River, approxi-
mately one mile north of Highway Route 178, be referred back to the
Planning Commission and that they act in accordance with the new
Supreme Court decision and take into consideration Mr. Nickel's new
proposal.
City Attorney Oberholzer stated that legally Councilman
Christensen's motion cannot be done, because the matter has been
appealed to the City Council and a decision must be made based on
the public hearing, unless the appellant wants to rescind the
appeal and go back to the Planning Commission.
Councicilman Christensen amended his motion to table this
appeal until detailed answers to the following questions are provided:
1. What is the cost of policing this body of
water?
2.What would be the indemnity cost if someone
fell into the river?
3. Since the surface laws of the rivers of
California guarantee an individual the right
to fish, does Mr. Nickel, as an individual,
have the right to deny that right to fish?
290
Bakersfield, California, March 25, 1981 - Page 16
4. Does Mr. Nickel, as an individual, have the
right to deny people the right to hike along
the very edge of the river, when the river
is down (we have the flow thing here)?
5. What is the cost of enforcing the life
jackets?
6. What hours would this be open and what hours
would it be closed? Fishing Licenses state
people can fish from sunup to sundown.
7. What are the insurance and liability costs?
8. Who issues Access Licenses, what do they
cost and what do they say?
9.What will the bus ride from Highway 178
down to the river and back cost?
10. How often will the bus run; every 15 minutes,
every 10 minutes or once a day, etc.?
Councilman Barton offered a substitute motion that the
hearing on the appeal regarding the matter of public access to
the Kern River from Tentative Tract No. 4179-A, located east of
Rancheria Road and west of the Kern River, approximately one mile
north of Highway Route 178, be held over until the Council Meeting
of April 8, 1981; and this issue be referred to the Water and
City Growth Committee along with Councilman Christensen's questions
and that each Councilman submit questions to the Committee and a
report be made back to the Council. This motion carried by the
following roll
Ayes:
Noes:
Absent:
call vote:
Councilmen Christensen, Means,
Barton
Payne, Ratty, Rockoff,
None
Councilman Strong
There being no
ADJOURNMENT
further business to come before the
Council, upon a motion by Councilman Christensen,
adjourned at 9:50 P.M. MAYO~e/C~t~o~~ fl
l~.v.~ u.~/~¢ ' y s 'eld,
ATTEST~ . _ ~
CITY~CL~~x O~Clerk of the Council
of the City of Bakersfield, California
the meeting was
Calif.
ma